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 DECREE stipulates the functions, duties, powers and organizational structure of the Ministry of labor, invalids and Social Affairs _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
According to the recommendation of the Minister of labor, invalids and Social Affairs;
The Government issued the Decree stipulates the functions, duties, powers and organizational structure of the Ministry of labor, invalids and Social Affairs.
Article 1. The position and function of the Ministry of labor, invalids and Social Affairs is the Agency of the Government, implement state management functions on the field; Employment, vocational training, labor, wages, wages, social insurance (social insurance compulsory, voluntary social insurance, unemployment insurance), safety, people, social protection, protection and care of children, gender equality, social evils prevention (hereafter referred to as field workers , people and society) in nationwide; governance of public services in the field of industry, in the scope of management of the State.
Article 2. The tasks and authority Ministry of labour invalids and social duties and powers stipulated in Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and those duties, the following specific powers : 1. The Government of the law project, draft resolutions of the National Assembly, the French project command, the draft resolution of the Committee of the National Assembly, the draft decree of the Government according to the law building program of the Ministry was approved and the resolutions, projects, projects as assigned by the Government , The Prime Minister; strategy, planning, long term development plans, five year, and annual projects, important works of national industry, areas in the scope of management of the State.
2. The Prime draft decision, directive, national target programs, national program, the national action programme and the other text about the industry, the field in the scope of the governance of the Ministry or as assigned.
3. Issuing circulars, directives, decisions and other documents of State management for the industry, by the field management.
4. Steer, guide and implement the legal text, strategy, planning, plan, national target programs, the national curriculum, national action programmes, projects of national importance, after approval; information, advocacy, education, common law of the realm in the scope of management of the State.
5. In the field of employment and unemployment insurance: a) guide the implementation of the provisions of the law on employment policy, the development of labour market indicators, created new jobs and encourage new job creation; about employment and labor management in Vietnam and foreign workers to work in Vietnam; employment policy for a particular object, shift workers; labour lost a job in the reorganization of State enterprises;
b) Guide mechanism of implementation of the projects of the national target programme on employment by the authority;
c) specifies the conditions of establishment, organization and operation of the employment services organization;
d) Guide and implement the trading activities of employment;
DD) organization information systems on the labour market; the collection, providing a database about the labor market for organizations, individuals in need;
e) Guide, test and implement the provisions of the unemployment insurance legislation.
6. In the field of Vietnam laborers to work abroad under contract: a) guide the implementation of the provisions of the law of Vietnam laborers to work abroad under contract;
b) labour market development abroad;
c) build and guide the implementation of labor resource training plan to work abroad; content rules, and certificate programs fostering knowledge for workers before going to work abroad;
d) Regulations of the license; decide the level, change, revoke the license to operate the service brought laborers working abroad;
DD) Organization, guiding the registration of business and contract laborers working abroad under personal contract; monitoring of the implementation of the business contract;
e) in collaboration with the Ministry of Foreign Affairs organized and directed the management, handling the issues relating to Vietnam laborers working abroad under contract;
g) Support Fund management jobs outside the country.
7. In the field of training: a) Organization, test and host, in collaboration with The relevant policy guidance, vocational and apprenticeship mode;
b) construction planning network of vocational colleges, vocational, secondary vocational training centre; Specifies conditions for the establishment, organization and operation of the vocational; the Charter model vocational colleges, vocational high schools; vocational Centre model regulations; the standard of the facilities and equipment of vocational training;
c) regulated vocational training catalog; program of vocational college degree frame, intermediate occupations; Admissions Regulation, examination, inspection, accreditation, graduate diploma, certificate; template by, certificate;
d) specified principles, process and organize the construction of the national vocational skills standards; management of the evaluation, the certification of national vocational skills;
DD) prescribing standards, process quality control for vocational training;
e) decided to set up vocational colleges; Recognizing the principal private career college under the authority.
8. In the field of labor, wages: a) guide the implementation of the labor contract, dialogue at work, collective bargaining, collective labor agreement, labor discipline, responsibility for material, labor disputes and strikes;
b) guide the implementation of minimum wages, salary regime for workers and people who hold positions of leadership in the management of State enterprises; salary mode in enterprise operating under the enterprise law and organization, individual employers under the provisions of the labor code;
c) guide implementation of salary mode for workers in State enterprises, the study abroad; salary mode for labor are foreigners working in State enterprises; preferential regimes for particular labour;
d) stipulates the construction of labor norms, technical standards, professional standards of service in State enterprises.
9. About compulsory social insurance and voluntary social insurance: a) instructions, check the execute mode, social insurance policy mandatory, voluntary social insurance and other forms of social insurance under the provisions of the law;
b) regulations information, report on social insurance; complaints, accusations and handle breach of the law on social insurance.
10. In the field of labour safety: a) guide the implementation of the provisions of the law on occupational safety, the labour conditions; workers ' compensation and occupational disease; working mode, hours of work, hours of rest for workers;
b) in coordination with the Ministry of health regulation and guidance fostering mode in kind to employees working in conditions that are hazardous, toxic elements in accordance with the law; issued the list of occupational diseases;
c) issued the list of machine types, equipment, and materials have strict labor safety; personal protection for workers; craft, heavy-duty, toxic, dangerous and especially heavy, toxic, dangerous;
d) rules and guidelines make the regime armed personal protection means; standard classification of workers labor conditions;
DD) rules and general instructions concerning the type, equipment, and materials have strict labor safety;
e) issued auditing procedures for other types of machines, equipment, supplies and have strict labor safety management domain;
g) appraisal to the industry-Manager, field auditing processes issued for other types of machines, equipment, supplies and have strict labor safety; the criteria, conditions of operation of the auditing organization;
h) regulations, instructions to check the quality of the products, goods particularities of occupational safety as stipulated by the law;
I) system of the national technical regulation about labor safety;
k) chaired and coordinated guidance, organizations implementing the national programme for the protection of labour, occupational safety, hygiene and labour; National safety week, labour hygiene and fire prevention;
l) administers the notification, investigation, statistics, reports on accidents; synthesis and reporting authority on labour accidents nationwide.
11. In the field of people: a) instructions, check the policy execution, legislation on incentives for people of the revolution;
b) regulations and norms, modes of supply and orthotic page means help for the people of the revolution;
c) in collaboration with the ministries, the local social-political unions organized the movement to gratitude, managed "Fund";
d) plan and guide the planning of network fundamentalist upbringing, nursing people, works recorded the martyr;
DD) regulating the management of the works recorded the martyr;
e) guide the work of the reception, the episode remains the martyr; information about the graves of martyrs.
12. In the field of social protection: a) instructions, check the implementation of the provisions of the law on social assistance and poverty reduction;
b) organized the programme national poverty reduction goals and the social assistance programs by jurisdiction;
c) building guide plans social protection establishments;
d) specifies the conditions of establishment, organization and operation of the basis of social protection;
DD) regulating the procedure of receiving the object on the basis of social protection and from the basis of social protection of the family, 13. In the field of the protection and care of children:

a) guide the implementation of the provisions of the law of protection policy, child care in the jurisdiction, the responsibilities of the Ministry;
b) specifies the conditions of establishment, organization and operation of the facility help children;
c) regulated the procedure of receiving children with special circumstances on the basis of children and help from foundations help children return to family;
d) presided, in cooperation with the ministries, local, social-political organizations and other organizations to implement national action program for children; Child protection programs, health care, education of children with special circumstances and other plans, programmes on the protection, care and education of children;
DD) manage, use children's Foundation Vietnam.
14. In the field of social evils prevention: a) guide the implementation of the provisions of the law on the policy, the solution to prevent prostitution; drug addiction; After Rehab Management; victim support purchase and sale;
b) building guide plans the Healing Center-education-social workers, facilities management after detoxification;
c) specifies the conditions of establishment, organization and operation of the Healing Center-education-social workers, facilities management after detoxification; grant and revoke the licence for the drug Detox facility voluntarily in accordance with the law;
d) regulating educational programs, vocational and community reintegration for prostitution and drug addicts;
DD) regulating the procedure of putting the object into the Healing Center-education-social workers, facilities management after detoxification.
15. In the field of gender equality: a guide) made about gender equality in accordance with the law;
b.) engagement reviews the mainstreaming of gender equality issues in the construction of the legal text;
c) to sum up, the competent authority report on the implementation of gender equality in accordance with the law.
16. Guide and oversee the Organization in the field of labour statistics, people and society under the rule of law; build a database, statistical information system of the Ministry of industry.
17. The management of the activities in information technology applications in the field of labour, people and society under the rule of law.
18. Manage the medical professional activity in the unit in the field workers, who have had social and health activities in accordance with the law.
19. On the public service: a) governance of public services in the industry, the field in the scope of the governance provisions of the law;
b) formulated and promulgated standards, processes, procedures, technical-economic norms for organizing the provision of services in the industry, field;
c) guide the implementation of public services according to the provisions of the law.
20. Implementation of the international cooperation and integration in the field of labour, people and society under the rule of law.
21. Decisions and steer the programme of administrative reform Set by the objective and content of the administrative reform of State Government, has been the Prime Minister for approval.
22. Implementation of the rights and obligations of the owners of State for limited liability company a member owned by the State, the State capital investments in other enterprises are organized and operating under the enterprise law are the responsibility of the management.
23. the management of non-governmental organizations active in the field of labour, people and society under the rule of law.
24. The management of organization, staffing, public servants; implementation of salary mode and the mode of remuneration policies, reward, or discipline for public servants in the scope of the Department's management under the provisions of the law.
25. Scientific research, applied science and technology advances, the technology in the field of labour, people and society.
26. The Inspector; check out; complaints, accusations; Prevention of corruption, negative and handle breach under the provisions of the law.
27. financial management, asset and implement the State budget is allocated according to the provisions of the law.
28. Implementation of the tasks of other powers by the Government, the Prime Minister and in accordance with the law.
Article 3. Organizational structure 1. Service labor-wages.
2. social insurance.
3. international cooperation.
4. Service gender equality.
5. Financial planning.
6. Service legislation.
7. Service personnel.
8. The Inspector.
9. The Office of the Ministry.
10. Foreign Labor Management Bureau.
11. Industrial Safety Bureau.
12. The Bureau people.
13. The Department of social evils prevention.
14. The Employment Bureau.
15. the Department of social protection.
16. The Bureau of consumer protection, child care.
17. The General Department of vocational training.
18. The information centre.
19. The Institute of labor science and society.
20. Orthopedic Hospital-rehabilitation.
21. The Journal of labor and society.
22. The family and child magazine.
23. Labour and social Message.
24. The training Field, cadres, workers and social servant.
In this, the specified unit from clause 1 to Clause 17 as the unit to help Ministers make state management functions; the specified unit from Account to Account 18 24 is the unit public service career management function of the State.
Service-salary labor held 9, international cooperation was held 4, financial planning was held 4, Service legislation was held 3 rooms, Service personnel are held 3.
Minister of labor, invalids and Social Affairs the Prime Minister issued decision functions, tasks, powers and organizational structure of the General Directorate of vocational training and the list of business units in other public Ministry has been authorized to establish.
Article 4. Effect 1. The Decree has effect as from March 1, 2013.
2. This Decree replaces Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs; repeal of previous regulations contrary to this Decree.
Article 5. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.