Nghị định 110/2017/NĐ-CP về thanh tra ngành Lao động, Thương binh và Xã hội

DECREE
On organization and operation of the Labor, Invalids and Social Affairs inspectorate

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Inspection dated November 15, 2010;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

The Government hereby issues the Decree on organization and operation of the Labor, Invalids and Social Affairs inspectorate.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the organization and operation of inspection agencies of the Labor, Invalids and Social Affairs sector; inspectors, civil servants conducting specialized inspection, inspection collaborators of the Labor, Invalids and Social Affairs sector; and responsibilities of agencies, organizations and individuals in the inspection operation of the Labor, Invalids and Social Affairs sector.

Article 2. Subjects of inspection

1. Agencies, organizations and individuals under the management of the Ministry of Labor, Invalids and Social Affairs and provincial-level Department of Labor, Invalids and Social Affairs.

2. Vietnamese and foreign agencies, organizations and individuals shall observe law in the domains under the state management of the Ministry of Labor, Invalids and Social Affairs and provincial-level Department of Labor, Invalids and Social Affairs.

Chapter II

ORGANIZATION, TASKS AND POWERS OF INSPECTION AGENCIES OF THE LABOR, INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 3. Inspection agencies of the Labor, Invalids and Social Affairs sector

1. State inspection agencies:

a) The Inspectorate of the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as the Ministry Inspectorate);

b) Inspectorates of Department of Labor, Invalids and Social Affairs of provinces and municipalities (hereinafter referred to as provincial-level Department Inspectorates).

2. Agencies assigned to conduct specialized inspection:

a) The Directorate of Vocational Education;

b) The Department of Overseas Labor;

c) The Department of Work Safety.

Article 4. Roles and functions of the Ministry Inspectorate

1. The Ministry Inspectorate is an agency of the Ministry of Labor, Invalids and Social Affairs, which assists the Minister of Labor, Invalids and Social Affairs (hereinafter referred to as the Minister) in performing the state management of inspection, citizen reception, settlement of complaints and denunciations and prevention and control of corruption; conducts administrative and specialized inspection; settles complaints and denunciations and prevents and controls corruption in the domain of labor, persons with meritorious services, and social affairs nationwide in accordance with the law.

2. The Ministry Inspectorate submits to the Minister’s direction and administration and the Government Inspectorate’s professional direction and guidance.

Article 5. Tasks and powers of the Ministry Inspectorate

The Ministry Inspectorate shall perform the tasks and powers specified in Article 18 of the Law on Inspection and Article 7 of the Government’s Decree No. 86/2011/ND-CP dated September 22, 2011, detailing and guiding the implementation of a number of articles of the Law on Inspection, and the following tasks and powers:

1. To investigate occupational accidents and violations of occupational safety and health.

2. To participate in guiding the application of a system of standards and technical regulations on working conditions, occupational safety and health.

3. To organize re-training and refresher courses on specialized inspection, citizen reception, settlement of complaints and denunciations, and prevention and control of corruption within the management of the Ministry of Labor, Invalids and Social Affairs in accordance with the law.

4. To guide agencies and units under the Ministry of Labor, Invalids and Social Affairs to comply with the law regulations on citizen reception, settlement of complaints and denunciations, and prevention and control of corruption.

5. To advise the Minister on citizen reception in accordance with the law as assigned by the Minister.

6. To summarize and report to the Minister and the Government Inspector General on the results of inspection, settlement of complaints and denunciations, citizen reception, and prevention and control of corruption within the State management of the Ministry of Labor, Invalids and Social Affairs.

7. To perform other tasks and powers as specified by the law or assigned by the Minister.

Article 6. Tasks and powers of the Ministerial Chief Inspector

The Ministerial Chief Inspector shall perform the tasks and powers specified in Article 19 of the Law on Inspection and Article 8 of Decree No. 86/2011/ND-CP, and the following tasks and powers:

1. To decide on administrative inspection, specialized inspection and establishment of inspection teams to perform inspection tasks.

2. To supervise, urge and check the implementation of inspection conclusions by inspected entities as well as relevant agencies, organizations and individuals; supervise the activities of the inspection team in accordance with the law.

3. To assist the Minister in examining, verifying, concluding and recommending the settlement of complaints under the competence of the Minister as assigned, and performing other tasks in accordance with the law on complaints.

4. To verify denunciations, make verification conclusions, and propose measures to settle denunciations under the settlement competence of the Minister as assigned, and performing other tasks in accordance with the law on denunciations.

5. To organize citizen receptions in accordance with law as assigned by the Minister.

6. To assist the Minister in directing, urging and checking the prevention and control of corruption by agencies and units directly managed by the Minister.

7. To perform other tasks and powers as specified by the law or assigned by the Minister.

Article 7. Roles and functions of the provincial-level Department Inspectorates

1. The provincial-level Department Inspectorate is an agency of the provincial-level Department of Labor, Invalids and Social Affairs which assists the director of the Department in conducting administrative and specialized inspection; settling complaints and denunciations, receiving citizens, and preventing and controlling corruption in accordance with the law.

2. The provincial-level Department Inspectorate submits to the direction and administration of the Director of the provincial-level Department of Labor, Invalids and Social Affairs (hereinafter referred to as the provincial-level Department Director); and the inspection direction and professional guidance on administrative inspection of the Inspectorate of the respective province or municipality, and the professional guidance on specialized inspection of the Ministry Inspectorate.

Article 8. Tasks and powers of the provincial-level Department Inspectorates

The provincial-level Department Inspectorate shall perform the tasks and powers specified in Article 24 of the Law on Inspection and Article 13 of Decree No. 86/2011/ND-CP, and the following tasks and powers:

1. To investigate occupational accidents and violations of occupational safety and health.

2. To participate in guiding the application of a system of standards and technical regulations on working conditions, occupational safety and health.

3. To disseminate information to, guide agencies and units under the provincial-level Department of Labor, Invalids and Social Affairs to comply with the law regulations on inspection, settlement of complaints and denunciations, citizen reception, and prevention and control of corruption, as well as check and inspect the compliance thereof.

4. To advise the provincial-level Department Director on citizen reception in accordance with the law as assigned by the provincial-level Department Director.

5. To summarize and report to the provincial-level Department Director and the provincial-level Chief Inspector on the results of inspection, settlement of complaints and denunciations, citizen reception, and prevention and control of corruption; report to the Ministerial Chief Inspector on the specialized inspection, settlement of complaints and denunciations, citizen reception in the fields within the State governance of the provincial-level Department of Labor, Invalids and Social Affairs.

6. To perform other tasks and powers as specified by the law or assigned by the provincial-level Department Director.

Article 9. Tasks and powers of the provincial-level Department Chief Inspector

The provincial-level Department Chief Inspector shall perform the tasks and powers specified in Article 25 of the Law on Inspection and Article 14 of Decree No. 86/2011/ND-CP, and the following tasks and powers:

1. To decide on administrative inspection, specialized inspection and establishment of inspection teams to perform inspection tasks.

2. To supervise, push and check the implementation of inspection conclusions by inspected entities as well as relevant agencies, organizations and individuals; supervise the activities of the inspection team in accordance with the law.

3. To assist the provincial-level Department Director in examining, verifying, concluding and recommending the settlement of complaints under the competence of the provincial-level Department Director as assigned, and performing other tasks in accordance with the law on complaints.

4. To verify denunciations, make verification conclusions, and propose measures to settle denunciations under the settlement competence of the provincial-level Department Director as assigned, and performing other tasks in accordance with the law on denunciations.

5. To organize citizen receptions in accordance with law as assigned by the provincial-level Department Director.

6. To assist the provincial-level Department Director in directing, urging and inspecting the prevention and control of corruption by agencies and units directly managed by the provincial-level Department Director.

7. To perform other tasks and powers as specified by the law or assigned by the provincial-level Department Director.

Article 10. Tasks and powers to organize specialized inspection of the Directorate of Vocational Education, the Department of Overseas Labor, the Department of Work Safety

The Directorate of Vocational Education, the Department of Overseas Labor, he Department of Work Safety shall perform the tasks and powers specified in Article 10 of Decree No. 07/2012/ND-CP dated February 9, 2012, on agencies assigned for specialized inspection functions and operations, and the following tasks and powers:

1. To conduct specialized inspection within the State management of the Directorate and Departments.

2. To summarize and report to the Ministry Inspectorate on the results of inspection, settlement of complaints and denunciations, and prevention and control of corruption within their ambit of management.

3. To join the Ministry Inspectorate in guiding and training specialized inspectors in the fields within their ambit of management.

4. To detect, prevent and handle law violations according to their competence or propose the settlement of violations to competent State authorities in accordance with the regulations, as for violations falling within their State management.

5. Other tasks and powers as specified by the law.

Article 11. Tasks and powers to organize specialized inspection of the Director General of the Directorate of Vocational Education, the Director of the Department of Overseas Labor, the Director of the Department of Work Safety

The Director General of the Directorate of Vocational Education, the Director of the Department of Overseas Labor, the Director of the Department of Work Safety shall perform the tasks and powers specified in Article 11 of Decree No. 07/2012/ND-CP, and the following tasks and powers:

1. To decide on specialized inspection and to establish inspection teams to perform inspection tasks in accordance with the law.

2. To supervise, push and check the implementation of inspection conclusions by inspected entities as well as relevant agencies, organizations and individuals; supervise the activities of the inspection team in accordance with the law.

3. To direct and inspect the implementation of inspection, citizen reception, settlement of complaints and denunciations and prevention and control of corruption within their ambit.

4. Other tasks and powers as specified by the law.

Article 12. Specialized inspection advisory bodies of the Directorate of Vocational Education, the Department of Overseas Labor, and the Department of Work Safety

1. The specialized inspection advisory bodies of the Directorate of Vocational Education, the Department of Overseas Labor, and the Department of Work Safety shall be organized following the divisional organization structure.

2. The specialized inspection advisory bodies shall perform the following tasks:

a) To assume the prime responsibility for, and coordinate with relevant units and departments under the Directorate and Departments in formulating inspection programs and plans, and submitting them to the heads of the authorities directly managing them;

b) To conduct inspection under the plans; to conduct regular and unscheduled inspection as assigned by their Heads;

c) To settle complaints and denunciations, prevent and control corruption in accordance with the law as assigned;

d) To summarize, assess and report on the results of specialized inspection; settlement of complaints and denunciations, and prevention and control of corruption;

dd) To assist their Heads in monitoring, pushing and inspecting the implementation of conclusions, proposals and decisions to handle matters within their competence;

e) To handle law violations according to their competence or propose the settlement of violations to competent State authorities, as for violations detected through inspection;

g) To perform other tasks as assigned by their Heads and specified by the law.

Chapter III

OPERATION OF INSPECTION AGENCIES OF THE LABOR, INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 13. Administrative inspection

1. Administrative inspection shall be conducted by the Ministry Inspectorate and the provincial-level Department Inspectorates in accordance with the law.

2. Subject matter of administrative inspection: To inspect the agencies, organizations and individuals specified in Clause 1, Article 2 of this Decree in implementing policies and laws and performing their tasks and powers.

Article 14. Specialized inspection

1. Specialized inspection shall be conducted by inspection agencies of the Labor, Invalids and Social Affairs sector specified in Article 3 of this Decree.

2. Specialized inspection shall comply with the provisions from Article 51 to Article 56 of the Law on Inspection, and from Article 14 to Article 32 of Decree No. 07/2012/ND-CP.

Article 15. Subject matter of inspection specialized in labor and occupational safety and health

1. Inspection of the compliance with the labor law: The observance of obligations by employees and employers; employment contracting; vocational training and apprenticeship; workplace dialogue, collective bargaining, collective labor agreement; salary; working time and rest time; labor discipline, material responsibility; the implementation of specific regulations for female and minor workers and some other types of workers; the compliance with other law regulations on labor.

2. Inspection of the compliance with the law on occupational safety and health: The implementation of measures to prevent and protect employees against hazardous and harmful factors; measures to handle technical incidents causing poor occupational safety and health, occupational accidents and diseases; the maintenance of occupational safety and health of special workers; the maintenance of occupational safety and health in production and business establishments; operations of occupational safety and health service providers.

Article 16. Subject matter of specialized inspection of employment, social insurance, unemployment insurance, and health insurance

1. Inspection of the compliance with the law on employment by employees, employers and other agencies, organizations and individuals related to employment, including: Policies to support job creation; labor market information; national assessment and certification of vocational skills; organization and operation of employment services; unemployment insurance.

2. Inspection of the compliance with the law on social insurance by social insurance organizations, employers and employees.

3. Inspection of the compliance with the law on the responsibility for purchasing health insurance by employers and employees specified in Clause 1, Article 12 of the Law Amending and Supplementing a Number of Articles of the Law on Health Insurance and the subjects managed by the Ministry of Labor, Invalids and Social Affairs as specified at Points d, e, g, h, i and k, Clause 3 and Clause 4, Article 12 of the Law Amending and Supplementing a Number of Articles of the Law on Health Insurance.

Article 17. Subject matters of specialized inspection of sending Vietnamese workers abroad to work under contracts

1. Inspection of the compliance with the law on organization of a specialized apparatus of enterprises and non-business units sending Vietnamese workers abroad to work under contracts.

2. Inspection of the compliance with the law on signing of contracts related to guest workers; recruitment of workers; vocational and foreign language training for guest workers; training in necessary knowledge for guest workers before going abroad; performance of the contracts related to the sending of Vietnamese workers abroad; management and protection of rights and legitimate interests of guest workers and implementation of regimes and policies for guest workers; liquidation of contracts between enterprises or non-business units and guest workers; and implementation of other law regulations on sending Vietnamese workers abroad to work under contracts;

3. Inspection of the compliance with other law regulations on sending Vietnamese workers abroad to work under contracts.

Article 18. Subject matters of specialized inspection of vocational education

1. Inspection of the compliance with the law on organization of vocational education institutions; policies towards vocational education institutions; finance and assets of the vocational education institutions as specified in the law on vocational education.

2. Inspection of the compliance with the law on training and international cooperation in vocational education; rights and responsibilities of enterprises for vocational education; teachers and learners; quality assurance of vocational education.

Article 19. Subject matters of specialized inspection related to persons with meritorious services

1. Inspection of the compliance with the policies and laws on preferential treatment for persons with meritorious services to the Revolution: The implementation of regulations on beneficiaries, conditions, criteria and preferential regimes for persons with meritorious services to the Revolution and their relatives; responsibilities of authorities, organizations and individuals for implementing preferential policies and regimes for persons with meritorious services to the Revolution and their relatives.

2. Inspection of the compliance with the policies and laws on allocation, management and use of funds for the implementation of preferential policies for persons with meritorious services to the Revolution and resistance war fighters managed by the Labor, Invalids and Social Affairs sector; management and use of the Gratitude Fund; and compliance with other regulations on preferential treatment of persons with meritorious services to the Revolution;

Article 20. Subject matters of specialized inspection related to children and other social policies

1. Inspection of the compliance with the law on child protection and care within the powers and responsibilities of the Labor, Invalids and Social Affairs sector: The implementation of the national action plan for children; the program on child protection; the execution of children’s rights, the care and upbringing of children in special circumstances and other programs and plans on child protection, care and education within the powers and responsibilities of the Labor, Invalids and Social Affairs sector;

2. Inspection of the compliance with the policies and laws on poverty reduction and social relief; implementation of the national target program on poverty reduction and social relief programs within the powers and responsibilities of the Labor, Invalids and Social Affairs sector.

3. Inspection of the compliance with the law on gender equality; the implementation of the national target program on gender equality within the powers and responsibilities of the Labor, Invalids and Social Affairs sector.

4. Inspection of the compliance with the law on policies and solutions on prevention of prostitution; drug addiction treatment; post-drug addiction treatment management; support for victims of human trafficking; organization and operations of disease treatment, education and social labor centers and establishments for drug addiction recovery management after treatment;

5. Inspection of the compliance with the law on other issues related to the Labor, Invalids and Social Affairs sector.

Article 21. Formulation and approval of annual inspection plans

1. No later than November 1 every year, the Director General of the Directorate of Vocational Education, the Director of the Department of Overseas Labor, the Director of the Department of Work Safety shall, based on the guidance of the Ministry Inspectorate and their managerial requirements, send their inspection plans to the Ministry Inspectors for summarization, consideration and reporting to the Minister. Based on the inspection planning orientations and guidance of the Government Inspector General and managerial requirements of the Labor, Invalids and Social Affairs sector as well as the inspection plans of the Directorate of Vocational Education, the Department of Overseas Labor, and the Department of Work Safety, the Ministry Inspectorate shall submit the inspection plans to the Minister for approval no later than November 15 every year.

The Minister shall approve the inspection plans no later than November 25 every year.

2. Based on the inspection plans of the Ministry Inspectorate and provincial-level Inspectorate and managerial requirements of the Labor, Invalids and Social Affairs sector in the respective locality, the provincial-level Department Inspectorate shall formulate and submit its inspection plan to the provincial-level Department Director no later than December 5 every year.

The respective provincial-level Department Director shall approve the inspection plan no later than December 15 every year.

3. The inspection plans as specified in Clauses 1 and 2 of this Article shall be sent to the inspected entities and relevant authorities and organizations.

4. With regard to labor inspection, annually the Ministry Inspectorate and provincial-level Department Inspectorates may request the enterprises to self-inspect their compliance with the law to serve as a basis for formulating the next year's inspection plans. The Minister of Labor, Invalids and Social Affairs shall specify the self-inspection by enterprises.

Article 22. Inspection process and procedures of the Labor, Invalids and Social Affairs sector

1. The process and procedures for administrative inspection of the Labor, Invalids and Social Affairs sector shall comply with the Law on Inspection and Decree No. 86/2011/ND-CP

2. The process and procedures for specialized inspection of the Labor, Invalids and Social Affairs sector shall comply with the Law on Inspection, Decree No. 07/2012/ND-CP and the applicable regulations of this Decree.

3. The specialized inspection of labor, occupational safety and health shall be conducted as follows:

a) The formulation and approval of the inspection plans, the dissemination of the inspection plans, the formulation of outlines of reports required from the inspected entities shall comply with Articles 18, 19, and 20 of Decree No. 07/2012/ND-CP.

In case of consecutive inspections conducted by the same inspection team of the same subject matter, one common inspection plan shall be formulated for all such inspections.

b) The notification of the inspection decision announcement shall comply with Article 21 of Decree No. 07/2012/ND-CP.

If there are grounds to believe that the notification in advance will affect the inspection results or that immediate measures shall be taken to protect the rights of employees or ensure occupational safety and health at the workplace, the inspection team or inspectors assigned to conduct independent inspection shall be granted access to production, business or service facilities regardless of the time of day or night without prior notice with the permission of the Head of the same-level State regulatory authority.

The inspection that is conducted at night or out of office hours shall be assisted by relevant functional agencies, police agencies and local authorities (if necessary). The Minister of Labor, Invalids and Social Affairs shall assume the prime responsibility for developing a coordination mechanism with relevant functional agencies.

c) Announcement of the inspection decision

Within 15 days after the inspection decision is signed, the head of the inspection team shall announce the inspection decision to the inspected entities. The record of the inspection decision announcement shall be made at the same time with the meeting minutes of the inspection team.

d) Reporting of inspection results

Within 10 days after the end of the final inspection under the inspection plan, the head of the inspection team must make a written report summarizing the inspection results.

The report summarizing the inspection results shall mention the information specified in Article 25 of Decree No. 07/2012/ND-CP.

4. Specialized inspection conclusions

Based on the summary report on inspection results and the inspected entities' explanations (if any), within 15 days after receiving such report, the inspection decision-maker must provide inspection conclusions for each inspected subject.

The specialized inspection conclusions shall include the information specified in Article 27 of Decree No. 07/2012/ND-CP.

Article 23. Handling of overlaps in inspection

1. In the case of inspected entities and subject matter of the inspection by the Ministry of Labor, Invalids and Social Affairs; or the provincial-level Department of Labor, Invalids and Social Affairs overlap with those of the inspection by the Vietnam Social Security; or provincial/municipal Vietnam Social Security branch, the Minister or provincial-level Department Director shall assume the prime responsibility for, and coordinate with the General Director of Vietnam Social Security or the Director of the provincial/municipal Vietnam Social Security branch to solve the problem.

2. The overlaps in inspection in other fields of the Labor, Invalids and Social Affairs sector shall be handled in accordance with the law.

Article 24. Re-inspection

1. The Ministerial Chief Inspector shall, as assigned by the Minister, decide to re-inspect any case within the State governance ambit and competence of the Ministry of Labor, Invalids and Social Affairs, which have been concluded by the head of the agency assigned to conduct specialized inspection; or by the General Director of Vietnam Social Security or the Chairperson of the provincial-level People's Committee, but then shown signs of law violations.

2. The provincial-level Department Inspectorate shall, as assigned by the provincial-level Department Director, decide to re-inspect any case within the State governance ambit and competence of the provincial-level Department of Labor, Invalids and Social Affairs, which have been concluded by the provincial/municipal Vietnam Social Security branch, but then shown signs of law violations.

3. The process and procedures for specialized re-inspection shall comply with the provisions from Article 48 to Article 52 of Decree No. 86/2011ND-CP, and from Article 33 to Article 38 of Decree No. 07/2012/ND-CP.

Article 25. Reporting of inspection

1. The Ministerial Chief Inspector shall report to the Minister and the Government Inspector General on the results of inspection, settlement of complaints and denunciations, citizen reception, and prevention and control of corruption within his/her ambit in accordance with the law.

2. The heads of agencies assigned to conduct specialized inspection shall report on specialized inspection to the Ministry Inspectorate for summary and reporting to the Minister.

3. The provincial-level Department Inspectorate shall report to the provincial-level Department Director and the provincial-level Chief Inspector on the results of inspection, settlement of complaints and denunciations, citizen reception, and prevention and control of corruption; report to the Ministerial Chief Inspector on the specialized inspection, settlement of complaints and denunciations, citizen reception in accordance with the law.

4. The inspection, citizen reception, settlement of complaints and denunciations and prevention and control of corruption shall be reported on a regular basis in accordance with the law.

Chapter IV

INSPECTORS, CIVIL SERVANTS CONDUCTING SPECIALIZED INSPECTION AND INSPECTION COLLABORATORS OF THE LABOR, INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 26. Inspectors of Labor, Invalids and Social Affairs

1. A inspector of the Labor, Invalids and Social Affairs sector is a civil servant of the Ministry Inspectorate or a provincial-level Department Inspectorate appointed as an inspector to conduct inspection and other tasks as prescribed by law.

2. Tasks, powers and standards of inspectors are specified in Articles 31, 32 and 33 of the Law on Inspection; Articles 2, 3 and 5 of the Government’s Decree No. 97/2011/ND-CP dated October 21, 2011, on inspectors and inspection collaborators, and other relevant laws.

3. Inspectors of Labor, Invalids and Social Affairs shall be provided with inspector uniforms and inspector cards, and entitled to benefits and policies in accordance with the law.

4. Inspectors assigned to conduct unscheduled inspection at night or out of office hours are entitled to night shift and overtime benefits as specified in the Labor Code.

Article 27. Civil servants conducting specialized inspection of Labor, Invalids and Social Affairs

1. A civil servant conducting specialized inspection of Labor, Invalids and Social Affairs is a person on the state payroll of an agency assigned to conduct specialized inspection specified in Clause 2, Article 3 of this Decree, who is assigned to conduct specialized inspection by the head of his/her agency.

2. Civil servants conducting specialized inspection of Labor, Invalids and Social Affairs must fully satisfy the standards and conditions specified in Article 12 of Decree No. 07/2012/ND-CP.

3. Civil servants conducting specialized inspection of Labor, Invalids and Social Affairs are provided with uniforms and cards of civil servants conducting specialized inspection and entitled to allowances when conducting inspection in accordance with the law.

4. Civil servants conducting specialized inspection of Labor, Invalids and Social Affairs may sanction administrative violations in accordance with the law on handling of administrative violations.

Article 28. Inspection collaborators of the Labor, Invalids and Social Affairs sector

1. An inspection collaborator of the Labor, Invalids and Social Affairs sector is a person not on the state payroll of any State inspection agency, who is requisitioned by the Ministry Inspectorate or a provincial-level Department Inspectorate to join an inspection team to conduct inspection of Labor, Invalids and Social Affairs.

2. Inspection collaborators of the Labor, Invalids and Social Affairs sector have their tasks and powers specified in Article 24 of Decree No. 97/2011/ND-CP and are entitled to benefits and policies in accordance with the law on inspection and other relevant laws.

3. The Minister of Labor, Invalids and Social Affairs shall provide specific guidance on standards of inspection collaborators, benefits and preferential policies for inspection collaborators in accordance with the characteristics of the inspection managed by the Ministry.

Chapter V

RESPONSIBILITIES OF INSPECTION AGENCIES OF THE LABOR, INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 29. The Minister of Labor, Invalids and Social Affairs shall

1. Direct and lead the inspection within the ambit of the Ministry of Labor, Invalids and Social Affairs.

2. Approve annual inspection programs and plans.

3. Timely process conclusions and recommendations related to inspection.

4. Strengthen the organization, arrange civil servants with professional capacity, expertise and ethical qualities to conduct inspection; organize, direct and facilitate inspection.

5. Perform other tasks as specified by the law.

Article 30. Chairpersons of the provincial-level People’s Committees shall

1. Organize, direct and strengthen the organizational structure, staffing, uniforms, vehicles, technical equipment and working funds of the provincial-level Department Inspectorates at the request of the provincial-level Department Directors.

2. Promulgate regulations on coordination between the provincial-level Department Inspectorates and the police agencies, market surveillance agencies, other specialized inspectorates, People's Committees at all levels, and relevant authorities and organizations in the localities.

Article 31. Directors of the provincial-level Departments of Labor, Invalids and Social Affairs shall

1. Direct and lead the inspection within the ambit of the provincial-level Departments of Labor, Invalids and Social Affairs.

2. Lead the formulation and approval of annual inspection plans.s

3. Timely process conclusions and recommendations related to inspection.

4. Strengthen the organization and ensure funds and working conditions of the provincial-level Department Inspectorates within their competence.

5. Timely resolve difficulties and problems related to inspection; handle overlaps in inspection and examination within their ambit.

6. Perform other tasks as specified by the law.

Article 32. Responsibilities of the inspection agencies of the Labor, Invalids and Social Affairs sector for coordinating with relevant authorities and organizations

1. The Ministry Inspectorate shall coordinate with the units directly subject to the Government Inspectorate; Inspectorates of ministries and sectors; the Vietnam Social Security, the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry; other organizations representing employers and employees; political-social, social-professional mass organizations; the Directorates, Agencies, and Departments under the Ministry of Labor, Invalids and Social Affairs, the provincial-level Inspectorates, provincial-level Departments of Labor, Invalids and Social Affairs, and relevant agencies and units in inspection, settlement of complaints and denunciations, and prevention and control of corruption.

2. The provincial-level Department Inspectorates shall coordinate with the Ministry Inspectorate and the respective provincial-level Inspectorates; specialized agencies and inspectorates of other provincial-level departments and sectors; the provincial-level branches of Vietnam Social Security, provincial-level branches of the Vietnam General Confederation of Labor, other organizations representing employers and employees; political-social, social-professional mass organizations; the district-level Inspectorates, district-level Departments of Labor, Invalids and Social Affairs, and relevant agencies and units in inspection, settlement of complaints and denunciations, and prevention and control of corruption.

3. The Directorate of Vocational Education, the Department of Overseas Labor, the Department of Work Safety shall coordinate with relevant agencies, units, and political-social and social-professional organizations within the scope of specialized inspection operations as assigned in this Decree and specified by the law.

Article 33. Responsibilities of authorities, organizations and individuals subject to inspection

Agencies, organizations and individuals being inspected shall coordinate with the inspection agencies of the Labor, Invalids and Social Affairs sector during the inspection; exercise the rights and fulfill the obligations of the inspected entities as specified by the law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 34. Effect

This Decree takes effect on November 20, 2017, and replaces the Government’s Decree No. 39/2013/ND-CP dated April 24, 2013, on organization and operation of the Labor, War Invalids and Social Affairs inspectorate.

Article 35. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and persons shall implement this Decree./.