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Decree 104/2012/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Labor, Invalids And Social Affairs

Original Language Title: Nghị định 106/2012/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Lao động - Thương binh và Xã hội

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THE GOVERNMENT.
Number: 106 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 20, 2012

DECREE

Planning, mandate, authority, and

organizational structure of the Ministry of Labor-Trade and Society

____________________

Government Law Base December 25, 2001;

Base of Protocol 36 /2012/NĐ-CP April 18, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry, the peer-to-peer body;

At the suggestion of the Minister of Labour-Trade and Social Affairs;

The government issued a decree regulating the function, duties, powers, and organizational structure of the Ministry of Labor and Social Affairs.

What? 1. Location and function

The Ministry of Labor-Trade and Social Affairs is the government ' s agency, which performs state management functions on the fields; employment, teaching, labor, wages, public money, social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance, unemployment and security). The safety, labor, social protection, protection and care of children, gender equality, social anti-social prevention (later collectively as the field of labor, public and social) within the country; state management of public services in the country. Sectors, sectors of the Department of State Management.

What? 2. Mission and jurisdiction

The Ministry of Labor-Trade and Social Affairs performs the mandate, the prescribed powers at the Digital Protocol 36 /2012/NĐ-CP April 18, 2012 the Government provides for the function, duties, powers, and organizational structure of the Ministry, the peer and the duties, the following specific powers:

1. The Government of the Law Projects, draft resolution of the National Assembly, the ordinance project, the draft resolution of the Standing Committee of the National Assembly, draft the Government 's decree under the Ministry' s annual law-building program approved and the UN resolutions. The project, the project, is the government ' s division, the Prime Minister; the strategy, the planning, the long-term development plan, five years, every year, and the projects, the national important work on the industry, the field of the state department of state management.

2. The Prime Minister is draft decision, directive, national target program, national program, national action program, and other texts on the industry, the area of the Ministry of State management of the Ministry or by division.

3. Board of information, decision, directive, and other texts on state management of the sector, the area controlled by the Ministry of Management.

4. Directed, instruct, organizes the implementation of the legal, strategic, planning, planning, national target program, national program, national action program, projects, national key works after being approved by the government. Browsing; information, propaganda, disseminism, education of law on the areas of the Ministry of State management.

5. On the field of employment and unemployment insurance:

a) The Guide to the implementation of the provisions of the law on employment policy, the labor market development policy, only the creation of new employment and the promotion of new employment; for recruitment and management of Vietnam and foreign workers working in the United States. Vietnam; in terms of employment policy toward the object of particular, labor shifted; on labor lost jobs in the rearrangement of the state business;

b) The mechanism for implementing the project of the National Target Program on employment under jurisdiction;

c) Specific regulation of the establishment, organization, and operation of the employment service organization;

d) Instructs and organizations to carry out employment transaction activities;

The organization of the labor market information system; gathering, providing a database of the labor market for the organization, individual needs;

e) Guide, check and organize implementation of the laws of unemployment insurance legislation.

6. On the field of Vietnamese labourers working abroad under contract:

a) Guide to the provisions of the law of the labourers of Vietnam working abroad under contract;

b) Development of the overseas labor market;

c) Construction and guidance of the implementation of the plan for training of working-based work abroad; the regulation of content, programs and certificates of fostering knowledge for workers before going to work abroad;

d) Regulations of the License; decision of granting, exchange, revoking the service of the service of service workers to work abroad;

The organization, which guided the registration of the contract of the business and the worker to work abroad under a personal contract; oversaw the implementation of the contract of the business;

e) Coordinated with the Ministry of Foreign Affairs organizing and directing the management, handling of matters concerning the workers of Vietnam working abroad under contract;

g) Fund management support funds.

7. On the field of vocational teaching:

a) Organization, examination and presiding, in coordination with the Ministry, the relevant sector guidance on policy, vocational and vocational training;

b) Building a vocational high school network planning, vocational center, vocational center; the specific regulation of the establishment, organization, and operation of the vocational facility; charter of vocational college, vocational high school; the basis of the teaching center. work; the standard of facilities and vocational equipment;

c) The vocational portfolio of training; a vocational class framework program, a vocational class; admissions process, exam, examination, graduation recognition, degree, certificate of profession; template, certificate of profession;

d) Principles of principle, process and organization of the construction of national skills skills; management of evaluation, national skills certificate level;

Standard regulation, quality control procedures;

e) The decision to establish a vocational college; the recognition of the headmaster of private vocational college by jurisdiction.

8. On the field of labor, wages:

a) The manual implementation of labor contracts, dialogue at work, collective bargaining, collective labor agreement, labor discipline, physical responsibility, labor dispute resolution and strike;

b) The Guide to the Minimum Wage, the wage regime on the worker and the holder of the leadership, manages in the state enterprise; the wage regime in the business operating under the Corporate Law and the organization, the individual has the use. labor by the provisions of the Labor Code;

c) The Guide to the Wage Regime for workers in the state business goes to school, abroad; the wage regime on labour is foreigners working in state enterprises; preferable labor. The enemy,

d) The principle of construction of employment standards, technological standards, professional standards, and business in state enterprises.

9. On the mandatory social insurance and social insurance of voluntary society:

a) Guide, test implementation of the regime, compulsory social insurance policy, voluntary social insurance and other forms of social insurance according to the rule of law;

b) Regulation of information mode, report on social insurance; resolve of complaint, denounce and process a violation of the law on social insurance.

10. On the field of labor safety:

a) The Guide to the implementation of the provisions of the law of labor safety, labor conditions; labor accident compensation and occupational diseases; working-hours, hours of work, time of rest for labourers;

b) Coordinated with the Ministry of Regulation Health and guidelines for the implementation of the accretion regime by the presence of labourers working in conditions that have dangerous, toxic factors in accordance with the rule of law; the board of occupational diseases;

c) The board of categories of machines, equipment, materials with strict requirements for occupational safety; personal protection of labourers; professions, hard work, malicious, dangerous and particularly heavy, malicious, dangerous;

d) Regulation and guidelines of the implementation of the site of a personal protection vehicle; standard classification of labor under labor conditions;

Regulation and general guidelines on the testing of types of machines, equipment, materials with strict requirements for labor safety;

e) The regulatory process for the types of machines, equipment, supplies has strict requirements for labor safety within the management range;

g) The appraiseway for the ministries of industry, the field of issuing a regulatory process for the types of machines, equipment, supplies that have strict requirements for labor safety; criteria, operating conditions of regulatory organizations;

h) Regulation, guiding the quality of the quality of the products, the special goods of labor safety in accordance with the rule of law;

i) Board of the National Technical Regulation System for Labour Safety;

l) Host and co-ordinated guidance, the organization of the implementation of the National Programme for Labor Protection, Labor Safety, Labor Hygiene; National Week of Safety, Labor and Defence Hygiene, Fire and Prevention;

l) Managing the declaration, investigation, statistics, reporting of labor accidents; aggregation and reports of competent authorities on labor accidents within the country.

11. On the field of the public:

a) Guide, examination of policy, law of incentives to the public with the revolution;

b) The mode of the regime, the rating, the formal method of page editing and the means of aid to the person with the revolution;

c) Coordinated with ministries, sectors, local, political unions-the society that organizes the reciprocal movements of the reciprocal movement, the management of the "Foundation for the Atonement";

d) Planning and guidelines for a network of foster care facilities, nursing workers, paraplestal records;

The Management of the Management of the Company.

e) Guide to the reception, process of the artist's remains; information about the artist's grave.

12. On the field of social protection:

a) Guide, examination of the implementation of the laws of law on poverty reduction and social assistance;

b) The organization performs the poverty alleviation program and social assistance programs by jurisdiction;

c) The Guide to the Social Protection facility network planning;

d) Specific regulation of the establishment, organization, and operation of the social protection facility;

The procedure for the procedure of receiving subjects on social protection facilities and from the social protection facility on the family,

13. On the field of protection and childcare:

a) The Guide to the implementation of the laws of law on protection policy, child care within the jurisdiction, the responsibility of the Ministry;

b) Specific regulation of the establishment, organization, and operation of the child support facility;

c) The procedure for recognizing children with special circumstances into child aid facilities and from the institution of child assistance returns to the family;

d) Host, coordination with ministries, sectors, local, political organizations and other organizations implementing the National Action Program for children; Children's Protection Program, care, education of children with special circumstances and programs, plans, and children ' s programs. Other plans for protection, care, education of children;

Management, use of the Vietnam Children's Protection Fund.

14. In the field of room, anti-social distress:

a) The Guide to the Implementation Guidelines of the Law on Policy, Prevention of Prostitution; drug addiction; post-drug management; supporting victims of being purchased;

b) The guide to the construction of the Centers for Disease Centers for Disease-Education-Labor, the post-rehab facility;

c) The specific regulation of the establishment, organization, and operation of the Centers for Disease-Education-Social Labour, the post-rehab facility; grant and revoking the license to the institutions of voluntary drug addiction by law;

d) Regulation of educational programs, vocational training and reintegration of the community for sex-sellers and drug addicts;

The procedure for the procedure is to introduce the subject to the Centers for Disease-Education-Social Labor, the post-rehab facility.

15. Of the field of gender equality:

a) Scouting for gender equality in accordance with the rule of law;

b) Participation in the cage of gender equality problem in the building of the law of law;

c) Overall, the agency report has jurisdiction over the practice of gender equality under the rule of law.

16. Guide and organization to perform statistical work in the field of labor, public and social workers in accordance with the regulation of the law; building the database, the statistical information system of the Ministry, the industry.

17. Management of information technology application activities in the field of labor, public and social workers by law.

18. Management of medical professional activities in the units of the labor sector, the person with the public and the society has medical activity under the rule of law.

19. Public service:

a) State management of public services in the industry, the field of the scope of the state ' s state management by the rule of law;

b) Build and enact standards, processes, regulations, economic norms-techniques for organizational activities that provide industry, sector;

c) The Guide to the Public Service Implementation of the law.

20. Implementers international cooperation and international integration in the field of labor, public and social workers by the rule of law.

21. Decided and directed the implementation of the Ministry's administrative reform program and the content of the state administrative reform program was approved by the Government, the Prime Minister.

22. Implementers the rights and obligations of the state owner to the LLC a member-owned member of the state, the portion of the state invested in other businesses being organized and operated under the Corporate Law of the responsibility of the government. Department Manager.

23. Assembly management, non-governmental organization active in the field of labor, public and social workers in accordance with the rule of law.

24. Manager of the organization of machinery, payroll, cadres, civil officials, officials; carrying out the wage regime and the regimes, the enaberation policy, the communion, the discipline to the cadres, the public, the officer within the Department of Management's jurisdiction.

25. Scientific research, the application of technological advances, technology in the field of labor, public and social.

26. Inspector; test; resolve the complaint, denounce; prevention, anti-corruption, negative, and breach of the breach in accordance with the rule of law.

27. Financial management, property assigned, and organizational implementation of the state budget are allocated under the rule of law.

28. perform other duties, other powers led by the Government, the Prime Minister of the Government and by the provisions of the law.

What? 3. Organization Structure

1. Labor case-Cash.

2. Social Security.

3. International Cooperation.

4. Gender Equality.

5. The Plan-Finance.

6. The French case.

7.

8.

9. Department Office.

10. Foreign Labor Administration.

11. Bureau of Labor Safety.

12.

13. Bureau, anti-social.

14. Works.

15. Social Security Service.

16. Bureau of Protection, Child Care.

17.

18. Information Center.

19. Institute of Labor and Social Sciences.

20. Correctiated Institute of Corrects.

21. Labor and Social Magazine.

22. Family Journal and Children.

23. Labor and Social News.

24. School of Training, Nursing, Labour-Social.

In this, the specified units from Clause 1 to Section 17 are units that help the minister perform state management functions; the specified units from Clause 18 to Section 24 are the public career units that serve the Ministry's state management function.

The Labor Department-The salaries are held in 3 rooms, the International Cooperation held in 4 rooms, the Planning-Finance Department, which is held in 4 rooms, the French case, which is held in 3 rooms, the holding of the holding company, the three-room organization.

The Minister of Labor-Trade and Social Affairs of the Prime Minister issued the decision to rule the function, mandate, authority and organizational structure of the Directorate General of Vocational Affairs and the list of other public career units of the Ministry has been granted competent authority. Founded.

What? 4. Effect of execution

1. This decree has been in effect since March 1, 2013.

2. This decree replaces the Digital Protocol 186 /2007/NĐ-CP December 25, 2007 Government rules the functions, duties, powers, and organizational structures of the Ministry of Labour-Trade and Social Affairs; repel the previous regulations contrary to this decree.

What? 5. Responsibility

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung