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Circular 10/2008/ttlt-Bldtbxh-Bnv: A Guide To The Functions, Duties, Powers And Structure Of The Specialized Agencies In The Provincial People's Committee, And Task Management.

Original Language Title: Thông tư liên tịch 10/2008/TTLT-BLĐTBXH-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của cơ quan chuyên môn thuộc Ủy ban nhân dân cấp tỉnh, cấp huyện và nhiệm vụ quản lý nhà...

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CIRCULAR guide functions, tasks, powers and structure of the specialized agencies in the provincial people's committees, district level and state management of the tasks the people's Committee of social workers, people and society _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization of specialized agencies in the province's people's Committee, the central cities;
Pursuant to Decree No. 14/2008/ND-CP DATED April 2, 2008 Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;
Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to 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;
Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Ministry of labor, invalids and Social Affairs and the Ministry of Interior General instructions about the functions, duties, powers and structure of the specialized agencies in the provincial people's committees, district level and state management of the tasks the people's Committee of social workers, people and society are as follows : part 1.
DEPARTMENT Of LABOR-INVALIDS And SOCIAL POSITIONS And FUNCTIONS I. 1. Department of labor-invalids and social is the professional body in the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee), Chief of the provincial people's Committee to help implement state management functions in the areas of: employment, vocational , labour; salary, wages, social insurance (social insurance compulsory, voluntary social insurance, unemployment insurance); labor safety; people; social protection; the protection and care of children, gender equality; Prevention of social evils (referred to as field workers, people and society); on the public services in the scope of management of the Department and made a number of other rights, duties under decentralization, delegated by the provincial people's Committee and in accordance with the law.
2. The Department of labour, invalids and social legal personality, a seal and a private account, subject to the direction, management of organization, staffing and operation of the provincial people's Committee, and subject to the direction, guide, inspect, check on the professional service of the Ministry of labor, invalids and Social Affairs.
II. Duties And POWERS 1. The provincial people's Committee: a) draft decisions, only market; planning, long term plan, five-year and annual plans, programs, projects, project, the administrative reform in the scope of management of the Department;
b) draft text functions, tasks, powers and organisational structure of the branch Department (if any);
c) draft text specifies a standard for the title of Minister, Deputy of the units of the Department; Chief, Deputy Head of the labor-invalids and Social Affairs Department of the people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level) under the provisions of the law.
2. The Chairman of the provincial people's Committee: a) draft decisions, directives issued under the authority of the Chairman of the provincial people's Committee on field workers, people and society;
b) draft decision on the establishment, merger, dissolution of the units of the Department under the provisions of the law.
3. Instructions, test and implement the legal text, planning, plan, project, program, and other issues about labor, people and society after they are approved: information organization, declared Tuyen, popular legal education in the areas of Facility management domain.
4. In the field of employment and unemployment insurance: a) implementation program, employment solutions, the development of the labour market on the basis of the national target programme on employment;
b) Guide and implement the provisions of the law on unemployment insurance:--target and solutions to create new jobs;
-Job creation policies in enterprises, cooperatives, the kind of collective economy, the private sector;
-Organization and management of labour resources used; labor market information;
-Job policy for a particular object (minors, disabled people, elderly people and other objects), work at home, workers labor movement;
-Level labor book, tracks the management and use of shared labor.
c) manage the job introduction organizations under the provisions of the law;
d) levels, change, revoke work permits for foreign workers to work in enterprises, economic organizations in the province under the rule of law.
5. The field of Vietnam laborers to work abroad under contract: a) guides and organizations make putting Vietnam workers go to work abroad under local contract under the provisions of the law;
b) advocacy, dissemination, policy advocates, the laws of the State of Vietnam laborers to work abroad under contract;
c) Guide and oversee the Organization and training of labor sources, the selection of laborers to work abroad in the scope of State management of the Department;
d) instructions and check the registration of the contract of enterprises and workers go to work abroad under personal contract; monitoring of the implementation of the business contract bringing laborers to work abroad in the form of advanced practice;
DD) number of business statistics activities included Vietnam workers go to work abroad under contract on the province, the number of laborers working abroad under contract;
e) informs the end labor contracts abroad back to the country needs to recruit in the country; Guide introduce registration workers find jobs;
g) presiding, in cooperation with the relevant authorities to resolve the request, the recommendations of organizations and individuals in the fields of Vietnam laborers to work in the foreign jurisdiction.
6. In the field of training: a) implementation planning, planning, program; project development, vocational locally after they are approved;
b) Guide and check the implementation of the provisions of the law on vocational education; the standard of teachers and managers of vocational training; Admissions Regulation, regulation, inspection and recognition of graduation and the granting of diplomas, certificates, policy regime for managers, vocational teachers and students, vocational school students under the provisions of the law;
c) Guide and oversee the Organization and training, fostering the use of teachers and managers of vocational, organizing vocational teacher trainers, vocational equipment contest, the contest provincial vocational school.
7. In the field of labor, wages, pay: a) guide the implementation of the labor contract, collective labor bargaining, negotiation, signing collective labor agreements; Labor discipline and responsibility matter, labor disputes and strikes; the regime for workers in the sorting, reorganizing and transforming State enterprises, bankruptcy, business, business, business for sale, business for rent;
b) guide the implementation of salary, remuneration mode as specified by the law.
8. In the field of compulsory social insurance, voluntary social insurance: a) instructions, check and process violations in the implementation of the provisions of the law on compulsory social insurance, voluntary social insurance according to the authority;
b) receiving record and organize the evaluation condition pause compulsory social insurance to the provincial people's Committee to review the decision;
c) regimes, social insurance policy according to the hierarchy or authorized by the provincial people's Committee and in accordance with the law.
9. In the field of labour safety: a) instructions, implementation of the national programme for the protection of labour, occupational safety, hygiene and labour; national week of labor safety, labor sanitation and prevention of fire and explosion in the province;
b) organized training and certification training on occupational safety, hygiene and labour for the employers in the province;
c) implementation of the rules on registering the machines, equipment, materials, strict requirements on occupational safety in the province under the rule of law;
d) guide the product quality inspection, commodity particularity about labor safety under the rule of law;
DD) chaired, coordinated the investigation of the serious labor accidents occur; General People's Committee report provincial and Ministry of labor, invalids and Social Affairs on the situation in local labour accident, guiding the Organization; individual employers make declarations, investigate, record-setting, statistics and reports about accidents.
10. In the field of people: a) Guide and implement the provisions of the State for the people of the revolution;
b) Guide and implementation planning construction of martyr cemetery, Memorial and record the works in local martyr, martyr cemetery management and attribution of works of local martyrs were delivered;
c) chaired, coordinated set of rules work, reception and interred remains fallen, information, news about the grave of the martyr, martyr Tomb visitation, move those martyrs;
d) join the Board of medical examiners about the injury and the possibility of labor for people with Revolution;
DD) management object and execute the budget management mode, preferential policies for people with regulatory revolution;
e) Guide and organize the movement gratitude; manage and use Funds gratitude under the provisions of the law.
11. In the field of social protection: a) guide the implementation of the regime, the policy for social protection objects;

b) Guide and organize the implementation of poverty reduction policies, the national target programme on poverty reduction and other programs, projects, social assistance schemes;
c) synthesis, statistics on the number of social protection object, poor households in the province;
d) Organization to build the network of social protection on the basis of the province.
12. In the field of the protection and care of children: a) guidance and implementation of programs, plans of action to protect, take care of children in the province;
b) Guide and check the implementation of the provisions of the law on the protection and care of children in the scope of management of the Department; build communes fit for children;
c) implementation of the national action programme for children, programs, projects, the national plan on the protection and care of children and children with special circumstances;
d) Organization, tracking, monitoring, reviews the implementation of the rights of the child in accordance with the law; the mode, the policy of protection, care of children;
DD) manage and use child protection Fund in the prescribed by law;
13. In the field of social evils prevention: a) guidance and implementation of programs, plans and solutions for prevention of prostitution, drug addiction, HIV/AIDS prevention for drug, prostitution object at the base and the community; support community reintegration for women, child victims trafficked from abroad to return;
b) Guide to professional service institution for the social workers (facilities management drug addicts, people in prostitution, drug addiction) on the province.
14. In the field of gender equality: a) guidance and implementation of policies, programs, projects, plans on gender equality after the approved;
b) guide the mainstreaming of programmes about gender equality in the formulation and implementation of plans of social-economic development of the locality; implementation of measures promoting gender equality consistent with socio-economic conditions of the local.
15. the provincial people's Committee to Help implement state management functionality for enterprises, collective economic organizations, the private sector, the instructions and check the Assembly and non-governmental organizations operating in the province in the field of labour, people and society.
16. Guide, check the implementation mechanism of autonomy, responsible for the business units in the State Department of labor-invalids and social management in accordance with the law.
17. Implementation of the international cooperation in the field of labour, people and society according to the assignment or devolution, of the provincial people's Committee and in accordance with the law.
18. professional guide service in the field of labour, people and society with regard to the labor room-invalids and social districts.
19. Research and application progress of science, technology, database building, hosting, information systems to serve state management and professional service in the field.
20. Implementation of the programme of administrative reform of the Department according to the aim and content of the administrative reform of the provincial people's Committee.
21. Inspection, testing, disposal violations under the authority and resolve complaints, accusations; Prevention of corruption, negative, practice thrift and fight against waste in the labor field, people and society in the governance of the Department under the provisions of the law.
22. Implementation of the public service in the field of labour, people and society in the governance of the Department under the provisions of the law.
23. Perform general, statistics, information, periodic reports and implementation of assigned tasks according to the provisions of the provincial people's Committee and the Ministry of labor, invalids and Social Affairs.
24. specific regulations the functions, duties, powers, organizational structure and relationships the work of the Organization, business units in the Department (except the units under the authority of the Chairman of the provincial people's Committee); manage the Organization, staffing, implementing policy and salary regimes, policies, training, appointment, resignation, reward, or discipline for public servants in the scope of management of the Department under the provisions of the law and the hierarchy of the provincial people's Committee.
25. financial management, asset and the implementation of the budget is allocated according to the provisions of the law and assigned, the people's Committee's hierarchy.
26. Perform some other tasks by the provincial people's Committee and in accordance with the law.
III. ORGANIZATIONAL And STAFFING STRUCTURE 1. Head: a) the Department of labor-invalids and social directors and not more than 3 Associate Director, for the cities of Hanoi and Ho Chi Minh City 04 Deputy Director;
b) Director is the head of Department, responsible to the provincial people's Committee, Chairman of the provincial people's Committee and before the law of all activities of the Department;
c) Deputy Director of the Department's Director, responsible to the Director of the Department and before the law about the tasks assigned; When the Director is absent, a Deputy Director of the Department was operating Credential Manager in the activities of the Department;
d) appointing the Director and Deputy Director by the Chairman of the provincial people's Committee decided according to professional standards, professional due to the Ministry of labour invalids and social and in accordance with the law, the dismissal, resignation, reward, discipline and the mode, different policies with regard to the Director and Deputy Director of the Department to comply to the provisions of the law.
2. Organization structure: a) established institutions, including:-Inspector;
-Office;
-Accounting – finance;
The creation of Organization Department in the Room: the Department or departments that do the work of personnel in the Office of the Department by the provincial people's Committee decision.
b) established institutions consistent with local characteristics: the room people; Room for work-safety; Labor room-salaries-social insurance; Room for gender equality (or pair with the Department Office); Vocational training rooms; The room (or Bureau), against social evils; Room social protection; Defend, child care (or social protection Bureau-protection, child care) or have another name.
Department of social evils prevention was the logical successor to the existing local and are operating effectively.
Social Protection Bureau-protecting, caring for children was established in the province, central cities, if not established social protection and security, child care.
For the city of Hanoi and Ho Chi Minh City can establish private social protection Bureau (if not established social protection); Protection and care of children (if not established protected Rooms, child care).
Bureau in the Department has legal personality, have accounts and private seals.
Pursuant to the nature, characteristics, regulatory requirements specific to the industry labour, invalids and Social Affairs, the Director of the local Department of labor-invalids and social host, in collaboration with the Director of the Department of the Interior process of the people's Committee Chairman granted the specific decisions on the number and names of the rooms , Professional Service Bureau in the Department; but the number of rooms, Office, Bureau, Inspector of the Department of not more than 10 units, for the cities of Hanoi and Ho Chi Minh City, no more than 12 units.
c) The business units:-vocational;
-The basis of social protection;
-Employment referral center;
-The institution of social workers;
-Nursing facility, people care.
The above mentioned career organizations and organizations in other careers (if any) by the provincial people's Committee decided in accordance with the law.
The base specification and the actual local requirements, the Director of the Department of labor-invalids and social host, in collaboration with the Director of the Department of the Interior process of the people's Committee Chairman granted the establishment of specialized career institutions owned by the master plan was approved by the authorized and prescribed by law.
3. Staffing: a) the payroll administration of the Department of labor, invalids and Social Affairs by the provincial people's Committee decision in the total staffing of the central province is delivered;
b) staffing of the business units directly under the Department by the provincial people's Committee decided according to the level of staffing and the provisions of the law.
Part 2.
LABOR ROOM-INVALIDS And SOCIAL AFFAIRS I. LOCATION And FUNCTION 1. Labor room-invalids and Social Affairs is the professional body in the people's committees at district level, the Chief of the people's Committee, to help districts make state management functions in the field of labour, people and society; perform a number of tasks and powers under the authority of the people's Committee at district level and in accordance with the law.
2. Labor-invalids and Social Affairs has a legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the people's Committee at district level, and subject to the direction; instructions, check, the inspector about the professional service of the Department of labor, invalids and Social Affairs.
II. Duties And POWERS 1. The district people's Committee issued the decision, direction, planning, long term plan, annual and five year; the project, the program in the field of labour, people and society; administrative reform, socialized in the field of governance.
2. The President of the district-level people's committees to draft the text of field workers, who socially and issued under the authority of the President of the people's Committee at district level;
3. Implementation of the legal text, planning, plan, project, program of field workers, people and society after the district approved, information, advocacy, education, common law of field workers, people and society.
4. Help people's Committee at district level governance for collective economic organizations, the private sector; instructions and check the operation of the Association and non-governmental organizations on activities in the field of labour, people and society under the rule of law.

5. Guide and check the implementation of the provisions of the law with respect to the basis of social protection, vocational training, job referrals, educational establishments, social workers help children on the basis of the district according to the hierarchy, authorized.
6. Instructions and implementation management of martyr cemetery, Memorial, martyr attribution works.
7. professional guide service for social people's Committee in implementing the tasks and powers of the labour sector, people and society.
8. In collaboration with the industry, Union-citizen movement building care, helping people and objects of social policy.
9. Inspect the implementation of the regime, labor policy, people and society; complaints, accusations; Prevention of corruption, negative, against waste in labor activities, people and society under the rule of law and the hierarchy of people's committees at district level.
10. Organization of progressive application of science, technology; construction of the information system hosting service, the management of the State and professional service in the field of labour, people and society.
11. Perform the mode information, periodic reports and implementation of assigned tasks according to the regulations of the people's Committee at district level and the Department of labor, invalids and social.
12. organizational management, staffing, implementing mode, policy, policies, reward, discipline, training and fostering of professional service for officers, public servants, officers and employees in the scope of management as defined by law and assigned, hierarchy , authorized by the people's Committee at district level.
13. financial management, assets are allocated according to the provisions of the law and the hierarchy of people's committees at district level.
14. Perform some other task due to the people's committees at district level or as prescribed by law.
III. STAFFING And ORGANIZATION 1. Labor room-invalids and social head and not over 3 Deputy head.
a) Chief responsible to the people's Committee, Chairman of the people's Committee at district level and before the law about the whole operation of the room;
b) The Deputy head's Chief, responsible to the Chief and the law on the duties assigned.
c) the appointment of Chief, Deputy Chief of the people's Committee Chairman by district level decision according to professional standards by the provincial people's Committee issued and according to the rule of law; the dismissal, resignation, reward, discipline and other policy regime for the head, Deputy Head of the implementing provisions of the law.
2. Staffing: staffing of the labour Room-invalids and social committees at district level in the total payroll of the district are the provincial people's Committee.
Part 3.
The TASK of GOVERNANCE of the PEOPLE'S COMMITTEE of SOCIAL FIELD WORKERS, PEOPLE and SOCIETY in the field of labour, people and society, the people's committees of communes, wards and towns (hereinafter referred to as the people's Social Committee) made the following powers, duties : 1. Organize and guide the task labor woes, people and society on the provisions of the law and the hierarchy of people's committees at district level.
2. sources of labour statistics the township-level people's committees to balance labour, job creation, vocational training, Labor export.
3. Synthesis and object management people, who enjoy social policy and other objects on the area under the guidance of the labor Room-invalids and social recommendations to authority on policy with respect to labor in the fields of objects, people and society.
4. oversee the organization pay allowances, allowances for the subjects entitled to labor policy, people and society according to the hierarchy or the credentials of the function body.
5. Manage the martyr cemetery, the attribution of martyr town (if any); management fosters social protection objects (if any); caring, nurturing social policy objects under the provisions of the law and the people's committees at district level.
6. Prevention of prostitution, drug addiction in the community; reception, support women, children in special circumstances, children with invasive, is trafficking victims returning from abroad.
7. Advocacy, mobilization of the people policy and legislation field workers, people and society.
8. Manage the activities of officials and employees in the people's Committee of social workers jobs, people and society.
9. Examine and handle jurisdiction the violation of labour legislation; people and society; perform periodic reports and the implementation of the tasks of field workers, people and society on the social level.
10. Layout of the labour relations officers, who have the social and communal level on the basis of the provisions of the law and characteristics of each locality.
Part 4.
IMPLEMENTATION 1. This circular effect after 15 days from the Post Gazette and replacing circular No. 09/2004/TTLT-BLDTBXH-BNV September 6, 2004 of the Ministry of labor, invalids and Social Affairs and the Ministry of Interior instructions about the functions, duties, powers and organization of specialized agencies to help the people's committees of the granting State on labor management invalids and the local society.
2. provincial people's Committee: a) specified functions, tasks, powers and organizational structure of the Department of labour, invalids and Social Affairs and the people's Committee to guide the district level specifies the tasks, powers and organization of the Department of labour invalids and social.
b) base features, situation and task management requests on labor, people and local society, deciding the establishment, merger, dissolution, separation, reorganization of the professional organizations, professional and business units in the Department of labor, invalids and social by planning authority for approval and guidance in circular This President.
3. The Chairman of the provincial people's Committee is responsible for organizing the implementation of this circular.
In the process, if any problems arise or have difficulties and obstacles, the province should reflect timely Ministry of labour invalids and Social Affairs to consider, resolve according to the authority.