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Decree 31/2006/nd-Cp: On The Organization And Activities Of The Inspector Of Labour, Invalids And Social Affairs

Original Language Title: Nghị định 31/2006/NĐ-CP: Về tổ chức và hoạt động của Thanh tra Lao động - Thương binh và Xã hội

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The DECREE on the Organization and activities of the Inspector of labour, invalids and Social Affairs the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on the Ombudsman of 15 June 2004;
Basing the Ordinance handling administrative violations July 7, 2002;
Considering the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: chapter I GENERAL PROVISIONS article 1. The position and functions of labour inspectors-invalids and social is held in the labor sector inspectors, invalids and Social Affairs; at Central has the Labor Department Inspector, invalids and Social Affairs. Inspector General Department of vocational training; in the central cities, inspected the Department of labor, invalids and Social Affairs, made the administrative inspection functions and specialized inspection of labour, invalids and Social Affairs within the State administration under the provisions of the law.
Article 2. The object Inspector 1. Agencies, organizations, individuals under the direct management of State administration of labour, invalids and Social Affairs.
2. Agencies, organizations, individuals with employers under the provisions of the labor code.
3. the authorities, institutions and individuals to participate in the vocational sector, people and society within the country.
4. In the case of international treaties to which the Socialist Republic of Vietnam signed the democracy or otherwise with this Decree the international treaties shall apply.
Article 3. Principle of operation 1. Activities of the Inspector of labour invalids and social must comply with the law; ensure accurate, objectively, honestly, openly, democratically and in a timely manner; do not impede the normal operation of the Agency, organization, the individual is subject to inspection.
2. When conducting the inspection, the inspection decision, Chief Inspector, Chief Inspector, inspectors Union, the Crew members must perform the inspection regulations on inspection law, other related laws, and must take responsibility for the behavior of his decision.
Article 4. Working relationship 1. The Inspector of labour invalids and social activities under the management, direction of the heads of State administration of labour, invalids and Social Affairs offers and the direction of the work of the Organization, and the Agency's inspection professional inspection.
a) inspector under the direct leadership of the Minister of labor, invalids and Social Affairs, and subject to the direction, guidance on the work of the Organization, and the Ombudsman's services inspected the Government according to the rule of law;
b) Inspector General Department of vocational subject leadership, direction of the General Director of the Bureau of vocational, and subject to the direction, guidance on the work, organization, administrative inspection services and specialized inspection of inspection;
c) inspection under the direct leadership of the Director of the Department of labor, invalids and Social Affairs (hereinafter referred to as the Department), and subject to the direction, guidance on the work of the Organization, and administrative inspection services of provincial inspectors, and instructions on the work , specialized inspection services of the Inspector.
2. The Inspector of labour, invalids and Social Affairs in collaboration with the ministries, ministerial agencies, government agencies and other local agencies during the inspection of the issues related to the work of labour, invalids and Social Affairs in order to avoid overlapping and improve the effectiveness of the inspection , check, prevent, prevent and treat the violations of the law.
Chapter II Organization, DUTIES and POWERS of the INSPECTOR of LABOUR invalids and SOCIAL article 5. Organisation of labour inspection-invalids and social 1. The Ministry of labor, invalids and Social Affairs has ministerial (hereinafter referred to as the Inspector of the Ministry) and the Inspector General Department of vocational training.
2. The Department of labor, invalids and Social Affairs Department, central cities have inspection (hereinafter referred to as inspection).
3. Organize the inspection prescribed in paragraph 1, paragraph 2 this seal and private accounts.
Article 6. Organization of Ministry Inspector 1. The Inspector is the Agency of the Ministry of labor, invalids and Social Affairs to help the Secretary of State about inspection and perform the functions of administrative inspections with regard to the agencies, organizations, individuals in the administration of the Minister on the implementation of the policy, the law, the Mission of the unit; specialized inspectors for the Agency. organizations and individuals active in the field of labour, invalids and Social Affairs on nationwide.
2. The Inspector has a Chief Inspector, Deputy Chief Inspector and inspectors. The appointment, dismissal of Chief Justice Inspector, Deputy Chief Inspector and inspectors follow the rule of law.
3. the ministerial level held in the room; Minister of labor, invalids and Social Affairs specific provisions on the duties, powers, organization and staffing of The inspection.
Article 7. The Organization of inspection General Department for vocational training 1. Inspector General Department of vocational training is the Agency of the General Department of vocational training; perform the function of administrative inspection and inspection of specialization within the governance of the General Department of vocational training.
2. Inspector General Department of vocational training have the Chief Justice Inspector, Deputy Chief Inspector and inspectors.
The Chief Justice Inspector of the General Department of vocational training by the Ministry of labor, invalids and Social Affairs appointed, dismissed from Office, as proposed by General Director of gdvt after comments with the Chief Inspector.

The appointment, dismissal, a Vice Chief Justice Inspector of the General Department of vocational training made under the provisions of the law and decentralized management of cadres.
The appointment, dismissing the inspectors titles made under the provisions of the law.
Article 8. Organization of inspection 1. Inspection is the Agency of the Department of labor, invalids and Social Affairs helps the Director made the administrative inspection function for the agencies, organizations, individuals in the administration of the Director of the Department on the implementation of the policy, the law, the Mission of the unit; specialized inspection for the agencies, organizations, individuals in the fields of labour, invalids and Social Affairs in the province, the central cities.
2. Inspection have the Chief Inspector, Deputy Chief Inspector and inspectors. The appointment, dismissal of Chief Justice Inspector, Deputy Chief Inspector and inspectors follow the rule of law.
3. The Director of the Department for specific regulations on functions, duties, and powers of inspection.
Article 9. Duties, powers of Inspector 1. Chairing or participating in building the legal text as assigned by the Minister of labor, invalids and Social Affairs; recommendations authority to modify, supplement or issued legal documents consistent with the requirements of the State management of labor, invalids and Social Affairs.
2. Inspection of the implementation of the policy, the law, the Agency's mission, organization, individuals in the administration of the Minister of labor, invalids and Social Affairs.
3. Inspection of the implementation of policy, legislation in the field of labour, invalids and Social Affairs of the agencies, organizations, individuals on the nationwide.
4. Sanctioning administrative violations in the field of labour, invalids and Social Affairs.
5. Recommendations to the competent authority to suspend the violation of the law of Agency, organization, or individual; petition to cancel the decision against the law of labour, invalids and social when there is sufficient evidence that the behavior in the resolution which cause damage to the interests of the State, the legitimate rights and interests of citizens.
6. Assist the Minister of labor, invalids and social marketing organizations, citizen complaints, accusations as prescribed by law.
7. Perform the task in the prevention and fight against corruption under the provisions of the law on prevention of corruption in the field of labour, invalids and Social Affairs.
8. Guide, improving the administrative Inspector and the Inspector General inspectors for specialized vocational Bureau; specialized inspection of labour, invalids and Social Affairs for inspection; instructions, check the units in The implementation of the provisions of the law on inspection and complaints, accusations.
9. General, reporting to the Minister of labour, invalids and Social Affairs and Inspector General of inspection, complaints, accusations, struggle, fight against corruption, in the scope of the governance of the Ministry of labor, invalids and Social Affairs according to regulations; to sum up the experience, the labour inspection services, and Social Affairs.
10. Perform the task of international cooperation in the field of inspection.
11. Perform other duties and powers prescribed by the law or the Minister of labour, invalids and Social Affairs.
Article 10. The duties and powers of the Chief Justice Inspector 1. Leadership, directs administrative inspection for the agencies, organizations, individuals in the administration of the Minister; professional inspection in the field of labour, invalids and Social Affairs.
2. building the program, inspectors plan the Minister of labor, invalids and Social Affairs decided to organize and execute the program, the plan.
3. The Minister of labour, invalids and Social Affairs decided to work as inspectors detect signs of breaking the law on labor, invalids and Social Affairs.
4. Sanctioning administrative violations in the field of labour, invalids and Social Affairs as prescribed by the law.
5. Recommendations of the Minister of labor, invalids and social responsibility review, dealing with people who have violations of the law on labour, invalids and Social Affairs under the administration of the Minister; in collaboration with the head of the Agency, held in consideration responsibility, treats people who have violations in the administration of the Agency, that organization.
6. The Minister of labour, invalids and Social Affairs decision or the decision by the authority establishing the Corps of inspectors, inspectors of election, gather freelance inspectors perform inspection duties in accordance with the law.
7. Minister of labor facilities, invalids and Social Affairs under the authority or for the Chief Minister to coordinate with the Chairman of the provincial people's Committee, the central cities handle the overlapping, duplication of program, planning, content inspection, checking on labor, invalids and Social Affairs on the province , central cities.
8. Recommendations of the Minister of labor, invalids and Social Affairs to temporarily suspend the enforcement of the decision of the Agency, held under the direct management of the Secretary when the base is that the decision is unlawful or obstruct the operation inspected.
9. Recommendations of the Minister of labor, invalids and Social Affairs handling, tackling the job content of inspection by the authority.

10. Report of the Minister of labor, invalids and Social Affairs, the Inspector-General of inspection, complaints, accusations, citizens, fight, fight against corruption within his responsibility.
11. Perform other duties as prescribed by the law or the Minister of labour, invalids and Social Affairs.
Article 11. Duties, powers of Inspector General Department of vocational training 1. Inspection of the implementation of the policy, the law, the Agency's mission, organization, individuals in the administration of the General Director of the Bureau of vocational education.
2. Inspection of the observance of the law in the field of vocational training agencies, organizations, individuals on the nationwide.
3. Sanctioning administrative violations in the field of vocational training as prescribed by law.
4. Recommendations to the State Agency has the authority to suspend the enforcement or annulment of the regulations contrary to the legal text is detected through inspection activities of Inspector General Department of vocational training.
5. Help the General Director of the Bureau of vocational guidance, direction and made the task of resolving complaints, accusations under the authority of the General Director of the Bureau of vocational education under the provisions of the law on complaints and denunciation.
6. Help the General Director of the Bureau of vocational guidance, direction and execution, anti-corruption in the scope of the governance of the General Director of the Bureau of vocational education under the provisions of the law on anti-corruption.
7. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about the handling of Inspector Inspector General Department of vocational training.
8. General inspection results reports, complaints, accusations, corruption prevention in the scope of the governance of the General Department of vocational training according to the regulations.
9. Instructions, check the units, organizations directly under the General Directorate of vocational training made the provisions of the law on inspection.
10. To sum up the experience, professional inspector in the field in the management scope of Inspector General Department of vocational 11. Perform other duties and powers prescribed by the law or by the General Director of the Bureau of vocational education.
Article 12. Duties, powers of the Chief Justice Inspector of the General Department of vocational training 1. Leadership, directs inspection within the State administration of inspection of the General Department of vocational training.
2. Build program, the Inspector grade planning authority decisions and implementation program, that plan after it is approved.
3. The General Director of gdvt decide when inspectors discovered the violation of legislation on vocational training.
4. Recommendations to General Director of vocational Bureau to temporarily suspend the enforcement of the decision of the Organization, the individual under the authority of management General Director of gdvt when detected signs of breaking the law.
5. administrative sanctions as provided by law.
6. Recommendations to General Director of gdvt consider responsible, who had handled in violation of the management authority Of Director of Department of vocational training; in collaboration with the head of the Agency, held in consideration responsibility, treats people who have violations in the administration of the Agency, that organization.
7. The General Director of the Bureau of vocational decision or decision by the authority establishing the Corps of inspectors, inspectors of election, gather freelance inspectors perform inspection duties in accordance with the law.
8. Recommendations General Director of gdvt, Chief Inspector of the processor, solve the content work on inspection by the authority.
9. The report Of the General Department of vocational training Bureau Chief, Chief Inspector of the Ministry of inspection within the scope of its responsibilities.
10. Performs other duties prescribed by the law or by the General Director of the Bureau of vocational, Chief Inspector of the Ministry.
Article 13. The duties and powers of inspection 1. Inspection of the implementation of the policy, the law, the Agency's mission, organization, individual administered directly by the Director.
2. Inspection of the implementation of policy and legislation, labour and Social Affairs of the agencies, organizations, individuals in the province, the central cities.
3. Help the Director further organization of citizens, complaint resolution, to report in accordance with the law.
4. Sanctioning administrative violations in the field of labour, invalids and Social Affairs.
5. Recommendations to the competent authority to suspend the law violations; petition to cancel the decision against the law of labour, invalids and social agencies, organizations and individuals, when there is sufficient evidence that the acts, decisions that cause damage to the interests of the State, the legitimate rights and interests of citizens during the inspection.
6. The task of fighting corruption prevention as regulated by the law on the fight against corruption in the area of labour, invalids and Social Affairs.
7. Instructions, check the unit in the Department for implementation of the provisions of the law on inspection and complaints, accusations.
8. General, report on the inspection, complaints, accusations, prevention of corruption within State management of the Department of labour, invalids and Social Affairs according to regulations.
9. Perform other duties and powers prescribed by the law or the Director.
Article 14. The duties and powers of the Chief Inspector of the Department

1. Leadership, directs administrative inspection for the agencies, organizations, individuals under direct management of the Director, inspection of majors in the fields of labour, invalids and Social Affairs.
2. building inspection plan, Program Director of the Department of decision and implementation program, that plan.
3. The Director decided the Inspector when detected signs violate the law of labour, invalids and Social Affairs.
4. Sanctioning administrative violations in the field of labour, invalids and Social Affairs as prescribed by the law.
5. Opinion Director facilities considering the responsibility, treats people who have violations of the law on labour, invalids and Social Affairs under the authority of the Director of the Department of management; in collaboration with the head of the Agency, held in consideration responsibility, treats people who have violations of the Agency's management, the Organization 6. The Director of the Department of the decision or the decision by the authority establishing the Corps of inspectors, inspectors of election, gather freelance inspectors perform the tasks of inspection under the provisions of the law.
7. Recommendations the Director of the Department to temporarily suspend the enforcement of the decision of the Agency, organization, individual administered directly by the Director when the base is that the decision is unlawful or obstruct the operation inspected.
8. Disposal Facility Director petitions, addressed the content of the work of inspection by the authority.
9. Director report, Chief Inspector of the Ministry of inspection, complaints, accusations, and citizens, the prevention, the fight against corruption within his responsibility.
10. Performs other duties prescribed by the law or the Director.
Article 15. Labour inspectors, invalids and Social Affairs 1. Labour inspectors, invalids and Social Affairs is the State servant, was appointed to the Inspector of turnover to make administrative inspectors; specialized inspection of labour, invalids and Social Affairs.
2. Labour inspectors-invalids and social duties and powers under the provisions of article 50 and article 51 of law inspected; Articles 186 and 187 of the labor laws.
3. In addition to the General provisions on conditions, whether the standards of inspection, labour inspectors, invalids and Social Affairs must meet the conditions, more in line with industry standards, the field specified by the Minister of labor, invalids and Social Affairs.
4. Minister of labor, invalids and Social Affairs specified titles, conditions, criteria, of whether labour inspectors, invalids and Social Affairs; order, revoke the card labor inspectors, invalids and Social Affairs.
5. The recruitment, appointment, dismissal and labor inspectors card, invalids and Social Affairs as prescribed by the law.
Article 16. The labour inspector collaborators, invalids and Social Affairs 1. The labour inspector collaborators, invalids and Social Affairs who is on inspection duty assignments at the request of the Minister of labor, invalids and Social Affairs, the Chief Inspector of the Ministry; General Director of the Bureau of vocational, Chief Inspector of the General Department of vocational training; Director of Department, Chief Inspector of the Department to carry out the task Inspector of labour, invalids and Social Affairs.
2. Associate inspectors must have the following criteria: a) Has good moral qualities, have the sense of responsibility, honest, incorruptible, just, impartially;
b) Have expertise, professional match with the task of inspection of labour, invalids and Social Affairs;
c) have the legal knowledge and knowledge of labor, invalids and Social Affairs as prescribed by the Ministry of labor, invalids and Social Affairs.
3. The Minister of labour, invalids and Social Affairs issued the regulations of the labour inspector collaborators, invalids and Social Affairs.
Chapter III OPERATION of LABOUR INSPECTION-INVALIDS and SOCIAL article 17. The administrative Inspector activity Inspector implementing the policy, the law, the Agency's mission, organization, individuals in the administration of the Minister of labor, invalids and Social Affairs, General Director of the Bureau of vocational, Director of the Department.
Article 18. Specialized inspection operations inspector for the Agency, organization or individual on the policy, the law of the State in the areas of: 1. Labor, employment, wages, social insurance, labour export, labor safety, labor, vocational sanitation.
2. Incentive people to the revolution.
3. Prevention of social evils, social protection.
4. Other sectors in accordance with the law.
Article 19. Forms of inspection 1. The inspection was done with forms of inspection according to the program, planned and unscheduled inspections.
2. Inspection according to the program, the plan after being Minister of labor, invalids and Social Affairs, General Director of Department of vocational or Director approval.
3. unscheduled inspections are conducted when agencies, organizations, individuals with signs violate the law; as requested by the resolution of the complaint, report or by the heads of State administration authority.
Article 20. Inspection operation method 1. The inspection is performed according to the method Delegation inspected or independent.
2. Inspection and inspectors Group operating under the provisions of the law on the Ombudsman and other related laws.
Chapter IV costumes, BADGES, INSIGNIA, SIGNAGE, media and the FUNDING of ACTIVITIES article 21. Costumes, badges, insignia, signage

1. The Inspector of labour, invalids and Social Affairs has attire, badges, insignia, separate signs.
Prohibit the agencies, organizations, individuals use costumes, badges, insignia. similar signs of causing confusion with the Inspector of labour, invalids and Social Affairs.
2. The Minister of labour, invalids and Social Affairs regulating the dress, badges, insignia, signs of labor inspectors, invalids and society after unification with the Inspector General.
Article 22. Guarantee conditions 1. The labour inspection authority-invalids and social work office layout, vehicles, technical equipment in service inspection.
2. The Minister of labour, invalids and Social Affairs, the Director of the Department of media regulations, technical equipment for labour inspection agency, invalids and Social Affairs as prescribed by the law.
Article 23. Funding of activities 1. The funding activities of the Inspector of labour, invalids and Social Affairs by the State budget and other sources of funding in accordance with the law.
2. Allocation, management of funds made under the law on the State budget and the legal texts concerned.
Chapter V REWARDED and HANDLE breach of article 24. Rewarding agencies, organizations, individuals with merits in labour inspection activities, the wounded and the society are rewarded according to the provisions of the law on competition, reward.
Article 25. Handle violation of agencies, organizations, individuals obstructing the activity of labour inspectors-invalids and social; bought for revenge, inspectors; retaliation complaints, accusations; advantage, positions of their powers in violation of the provisions of this decree or to violate the rights and lawful interests of agencies, organizations, individuals active in the field of labour, invalids and Social Affairs, then depending on the extent violators will be disciplined, the administrative sanction or prejudice criminal liability If the damage is compensated according to the provisions of the law.
Chapter VI PROVISIONS Enacted 26. Effective enforcement of this Decree has effect after 15 days from the date The report.
The previous provisions contrary to the provisions of this Decree are repealed.
Article 27. Responsibility 1. Minister of labor, invalids and Social Affairs, in coordination with the Ministers, heads of ministerial agencies concerned guiding the implementation of this Decree.
2. 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.