MINISTRY OF LABOUR – INVALIDS AND SOCIAL AFFAIRS

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SOCIALIST PUBLIC OF VIETNAM
Independence – Freedom – Happiness

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No.: 614/QĐ-LĐTBXH

Hanoi, April 16th, 2013


DECISION

Stipulating Functions, Responsibilities, Powers and Organizational Structure of the Ministry Inspectorate

MINISTER OF LABOUR – INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Law on Government Organization December 25th, 2001;

Pursuant to Decree No. 36/2012/NĐ-CP of Government dated April 18th,2012 on stipulating Functions, Duties, Authorities and Organization Structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 106/2012/ND-CP of Government dated December 20th,2012 on stipulating Functions, Duties, Authorities and Organization Structure of Ministry of Labour – Invalids and Social Affairs;

Upon the proposal of the Director General of the Department of Organization and Personnel,

DECIDES:

Article 1. Inspectorate of the Ministry of Labour, Invalids and Social Affairs (hereinafter referred to as Ministry Inspectorate) is an agency under the Ministry of Labour - Invalids and Social Affairs, has the function of assisting the Minister in implementing the provisions of the legislation on inspection activities; conducting administrative inspection toward agencies, organizations and individuals under Ministry’s management scope; conducting specialized inspections toward agencies, organizations and individuals operating in the sectors under Ministry’s state management; prevention of corruption; citizen reception, handling petitions, settling complaints and denunciations in accordance with law .

Ministry Inspectorate is international transaction name of Inspectorate of the Ministry, abbreviated as MI.

Article 2. Ministry Inspectorate is responsible for:

1. Take a leading responsibility or to participate in building legal normative documents as assigned by the Minister; recommend to the competent authorities to modify, supplement or promulgate legal normative documents consistent with the requirements of State management over labor, people contributed to the revolution and social areas.

2. Take a leading responsibility in building inspection plan submitted to the Minister; implementing inspection plans under the responsibility of Ministry Inspectorate; guide, monitor, supervise and inspect the implementation of inspection plans under the responsibility of the agency assigned to perform the function of specialized inspection of the Ministry.

3. Inspect the implementation of policies, laws, duties and powers of agencies, organizations and individuals under the direct management of the Ministry; civil service inspection; inspect the implementation of professional activities of employees of the sectors under Ministry’s management as prescribed by law.

4. Inspect the observance of specialized legislation, provisions of expertise - technique, management rules in the sectors under Ministry management:

a) Inspect the observance of labor law;

b) Inspect the observance of law on sending Vietnamese workers to work abroad under contracts;

c) Inspect the observance of law on vocational training;

d) Inspect the observance of legislation on incentives for the people who have contributed to the revolution;

đ) Inspect the observance of the law on social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance);

e) Inspect the observance of the law on the protection and care of children in the jurisdiction and responsibilities of the Ministry;

g) Inspect the observance of law on poverty reduction and social assistance;

h) Inspector observance of law on the prevention of social evils;

i) Inspect the observance of the law on gender equality in scope, powers and responsibilities of the Ministry;

k) Inspect the observance of other provisions of law in the field of labor, people contributed to the revolution and social areas.

5. Organize and guide the labor accident declaration and investigation, and the violations of criteria and standards on occupational safety and health; participate in building and guidelines the application of the system criteria, national of technical standards on occupational safety and health.

6. Sanctioning of administrative violations in the field of labor, people contributed to the revolution and social areas.

7. Recommend to the competent authorities to suspend illegal acts of agencies, organizations and individuals; propose to cancel unlawful decisions on labor, people contributed to the revolution and social areas if having sufficient grounds proving above actions or decisions causing damage to the interests of the State, the legitimate rights and interests of citizens.

8. Assist the Minister managing the reception of citizens, handling petitions, settling complaints and denunciations within the Ministry’s state management. Settling complaints and denunciations about labor, people contributed to the revolution and social areas in accordance with law.

9. Perform the task of preventing and combating corruption in accordance with the law on the prevention of corruption in the field of State management of the Ministry.

10. Provide professional guidance to specialized inspection agencies of the Ministry, Inspectorate of Departments of Labour - Invalids and Social Affairs; guide and inspect agencies and units under the Ministry about the implementation of regulations of law on inspection, complaints and denunciations and prevention of corruption.

11. Unannounced inspections and join the inspection teams of the Government, relevant ministries as assigned by the Minister.

12. Guide to using inspection costumes.

13. Implement scientific research; participate in dissemination, education of regulation as assigned by the Ministry.

14. Synthesize and report to the Minister and the General Inspectorate of Government on inspection activities, citizen reception, handling petitions, settling complaints and denunciations, prevention of corruption under the Ministry’s state management; summed up the experience of labor, people contributed to the revolution and social inspection skills.

15. Implement of international cooperation as assigned by the Ministry.

16. Managing officials, employees, facilities, finance as prescribed by law and decentralized by the Ministry.

17. Implement other duties assigned by the Minister.

Article 3. The organizational structure of Ministry Inspectorate:

1. Ministry Inspectorate has Chief Inspector and some deputy chief inspectors.

2. Function divisions:

- General Affairs and Administrative Inspection Division;

- Citizen reception and settling complaints and denunciations Division;

- Inspection Division of policies for people contributed to revolution;

- Occupational safety and health inspection Division;

- Labour policies inspection Division;

- Children and social policies inspection Division;

- Social insurance policies inspection Division.

Article 4. Chief Inspector is responsible for issue and implementing Working regulations and relations at workplace of Ministry Inspectorate; regulating the functions and duties of the inspection divisions; arrange and assign specific tasks to the civil servants and employees of the unit to perform the functions and assigned tasks.

Article 5. Ministry Inspectorate has separate seal and account, allowed to open account at the Treasury.

Article 6. This decision takes effect since the signing date and replaces Decision No. 148 / QD-MOLISA dated January 30th, 2008 of the Minister of Labour - Invalids and Social Affairs prescribing the functions, tasks, powers and organizational structure of Ministry Inspectorate.

Article 7. Director of the Ministry Office, Director of the Department of Organization and Personnel, the Chief Ministry Inspector, heads of the relevant units are responsible for implementing this Decision./.

 

To:
- As stated in Article 7;
- Filling at: Archive, Personnel and Organization Department.

THE MINISTER






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