THE GOVERNMENT	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness
No: 186/2007/ND-CP	Hanoi ,December 25^th , 2007

DECREE

ON FUNCTIONS, RESPONSIBILITIES, JURISDICTION AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

THE GOVERNMENT

Pursuant to the Government Organization Law issued on 25 December 2001;

Pursuant to Decree No. 178/2007/ND-CP dated 03 December 2007 by the Government on functions, responsibilities, jurisdiction and organization of ministries and ministerial-level agencies;

At the request of the Minister of Labour, Invalids and Social Affairs and Minister of Home Affairs;

DECREE

Article 1: Functions

The Ministry of Labour, Invalids and Social Affairs is an agency of the Government responsible for State administration over issues related to employment, vocational training, labour, wage and salary, social insurance (compulsory, voluntary and unemployment insurance), occupational safety, benefits for national devotees, social assistance, protection and care of children, gender equality, anti-social evils (generally addressed as labour, national devotees and social affairs) all over the country; the administration of public services in the area under the management of the Ministry.

Article 2: Responsibilities and Jurisdiction

The Ministry of Labour, Invalids and Social Affairs has the responsibilities and jurisdiction as stipulated in Decree No.178/2007/ND-CP dated 03 December 2007 by the Government on functions, responsibilities, jurisdiction and organization of ministries and ministerial-level agencies. They include:

1. Submit to the Government draft laws, ordinances, resolutions, decrees of the Government according to the approved plan on development of legal documents, projects, plans and other legal documents on labour, national devotees and social affairs under assignment of the Government and the Prime Minister;

2. Submit to the Prime Minister strategies, long-term, five-year and annual plans and national targeted programs and important works, projects on areas of management of the Ministry; draft decisions, directives and other documents under jurisdiction of instruction and administration by the Prime Minister;

3. Promulgate decisions, directives, and circulars within the jurisdiction of the Ministry; ratify plans, projects under jurisdiction of the Ministry; provide guidance, monitor and implement legal documents in the areas of management of the Ministry.

4. Disseminate information and provide law education relevant to the jurisdiction of the Ministry.

5. With respect to the field of employment and unemployment insurance:

a) Provide guidance for implementation of legislation and policies on employment, labour market development, target of new employment and encouragement of new jobs creation, recruitment and management of Vietnamese workers and foreign workers in Viet Nam, employment for special groups of people, labour migration, underemployment due to restructure of State-owned enterprises;

b) Provide guidance of mechanism for implementation of projects of the National targeted program on Employment under the jurisdiction of the Ministry;

c) Work out regulations on conditions, procedures for establishment and operation of job promotion centers;

d) Provide guidance and organize activities of employment transaction;

dd) Operate labour market information system; collect and provide data base on labour market for interested organizations and individuals;

e) Provide guidance, supervise and implement regulations on unemployment insurance.

6. With respect to the field of Vietnamese workers abroad under contractual basis:

a) Provide guidance for implementation of legislation on dispatching Vietnamese workers abroad under contractual basis;

b) Develop overseas labour market;

c) Build up and provide guidance for implementation of the plan on training workers to dispatch abroad; regulate contents, programs and certificates on improvement of knowledge necessary for workers before going abroad.

d) Regulate on issuance of permits; decide the issuance, change and withdrawal of permits for services on sending workers abroad;

dd) Organize, provide guidance on registration for contracts between enterprises and workers dispatched abroad under individual contracts; monitor the implementation of contracts of enterprises;

e) Collaborate with the Ministry of Foreign Affairs to organize, manage and address issues related to Vietnamese workers abroad under contractual basis.

g) Manage the Fund for employment abroad.

7. With respect to the field of vocational training:

a) Organize, instruct, supervise and take lead in coordination with related ministries and agencies on vocational training policies;

b) Make plan on development of the network of secondary vocational training schools, and vocational training colleges and centers under the jurisdiction of the Ministry; regulate conditions for establishment, organization and operation of vocational training institutions; pilot the model regulation of vocational training schools, colleges and centers; standardize material facilities and equipment for vocational training;

c) Regulate the frame of qualification for college and secondary levels of vocational training institutions, lists of skills for training; regulate the enrollment, examination, certification of training completion, certificate form, and procedures for issuance of vocational training certificates.

d) Regulate the principles, procedures and develop the national skill standards; manage the assessment and issuance of national skill standard certificates;

dd) Regulate the establishment of vocational training colleges; certify the Board of Administration and Management Board of private vocational training colleges under the jurisdiction of the Ministry;

8. With respect to the field of labour, wage and salary:

a) Provide guidance on implementation of labour contracts, collective agreement, work disciplines and material responsibilities, settlement of labour disputes and strikes;

b) Provide guidance on implementation of minimum wage, policies on wage and salary for workers and managers in State-owned enterprises, policies on wage and salary of enterprises operated under the Law on Enterprises and worker utilization individuals under regulation of the Labor Code;

c) Provide guidance for implementation of wage and salary of State-owned enterprises’ workers who go abroad on business or training, policies on wage and salary for workers who are foreigners working in SOEs, and preferential benefits for special workers;

d) Regulate principles and methods for development of labour norms, technical standards for workers, and standards for civil service officers in State-owned enterprises.

9. With respect to the field of compulsory and voluntary social insurance:

a) Provide guidance and monitor the implementation of strategy and policies on compulsory and voluntary social insurance as stipulated by laws;

b) Regulate the mechanism on information collection and reporting on social insurance, address complaints and denunciation and deal with violation on social insurance;

10. With respect to the field of safe work

a) Provide guidance on implementation of legislation on occupational safety and health, working conditions, compensation of work injury and occupational accidents; working time, rest time for workers;

b) Coordinate with Ministry of Health to regulate and provide guidance on implementation of allowance in kind, and issue the list of occupational diseases;

c) Issue the lists of machines, equipments and materials with strict requirement on safe work, means of individual protection for workers, hazardous and arduous jobs and specially hazardous and arduous jobs;

d) Regulate and provide guidance on implementation of regulations in ensuring individual protection for workers, standards for classification of workers under working conditions;

dd) Appraise standards of machines, equipments which strictly require occupational safety for responsible Ministries and agencies to issue procedures of examinations; appraise criteria and conditions for operation of examination institutions;

g) Regulate and provide guidance on examination of quality of products and commodity with typical features of occupational safety as stipulated by laws;

h) Issue the national system of technical standards on safe work;

i) Take lead and provide guidance on implementation of the national program on labour protection, occupational safety and health; the national week on OSH and anti-fire.

k) Unify the reporting, survey and statistics on occupational accidents.

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