Ministry of Labour, War Invalids and Social Affairs (MOLISA) - Vietnam

According to article 181.1 of the Labour Code, this Ministry carries out the State administration of labour in all branches of employment and localities within the country. Concretely, article 180 of the Labour Code defines the main functions of labour administration by the State:

1. to achieve a full grasp of the position and evolution of labour supply and demand as the grounds for determining national policies, plans or projects on human resources, distribution and utilisation of labour in the overall social context;

2. to promulgate laws and regulations and to provide guidance for their enforcement;

3. to draw up and implement national programmes for employment, migration for work in new economic zones, and for employment in foreign countries;

4. to determine policies concerning remuneration of labour, social security, occupational safety and health, and other policies in the labour and social fields; and policies concerning the development of labour relations within undertakings;

5. to organize and carry out scientific research on labour and social matters, and the gathering of statistics and information on labour and the labour market and on the living standards and income levels of workers;

6. to carry out inspection and supervision of the application of labour legislation, to impose sanctions on breach of labour laws, and to settle labour disputes in accordance with the provisions of the Code;

7. to further international cooperation relations with foreign countries and with international organizations in the labour field.

At the same time, People’s Committees at all levels perform the State administration of labour within their respective localities (article 181.2), with the help of local labour offices. These local labour offices play an important role in the conclusion of collective agreements. In 1996, the MOLISA had 61 provincial departments and 576 district offices.

According to the Decree Stipulating the Function, Rights, Responsibilities and Organization of the Ministry of Labour, War Invalids and Social Affairs (Decree No. 96/CP), the MOLISA is divided in various departments, notably the following:

1. Department of General Affairs and Legislation (which deals with labour relations);

2. Department of Labour and Employment Policies (which notably prepares, coordinates and evaluates the national employment policy, and prepares the national vocational training policy and legislation as well as evaluating the policy adopted);

3. Department of Wages and Payment;

4. Department of Social Protection;

5. Department of Social Insurance;

6. Department of Labour Protection (which deals with health and safety at work, and working conditions);

7. Labour and Social Policies Inspection;

8. Technical and Occupational Safety Inspection;

9. Department of Personnel and Training;

10. Research Institute for Labour Sciences and Social Affairs (under the direct supervision of the Minister).

11. The Ministry also includes the Centre for Population and Human Resources Studies (in charge of employment policy issues under the Vice-Minister).

National Management Board of Employment Promotion Programme and Employment Promotion Centres

These are agencies of the Ministry of Labour, War Invalids and Social Affairs (MOLISA). According to Chapter II of the Labour Code, the government has various obligations regarding employment policy, notably:

1. to determine a target for job creation in both its annual and five-year social-economic development plans (article 14.1);

2. to adopt policies to encourage and create favourable conditions for investment (article 14.3);

3. to establish national employment programmes, a National Employment Fund and a system of employment service agencies (article 15.1);

4. the government also adopts policies and measures to provide for training and retraining, and to provide production and business guidance and low interest loans from the National Employment Fund to create favourable conditions for workers to find work or be self-employed (article 17.4).

The government fulfils these responsibilities through the National Management Board of Employment Promotion Programme and the Employment Promotion Centres. Even though they do not develop programmes specifically targeting women, female workers can take advantage of their services. Both the Programme and the Centres are included in MOLISA which carries out the unified administration by the State of the activities of employment service agencies countrywide.

The National Management Board is responsible for issues of labour market adjustment, while Employment Promotion Centres deal with job brokerage and labour exchange, vocational guidance and labour market information.

Concretely, Employment Promotion Centres have the following duties:

1. to provide advisory services;

2. to introduce and supply labour;

3. to assist employers in the recruitment of workers;

4. to collect and supply information on the labour market;

5. to organize training programmes;

6. and to provide job placement.

There are some 130 centres throughout the country, under the direct authority of the MOLISA, or under the technical control of the Ministry but under the authority of other ministries (such as the Ministry of the Interior) or organizations (such as the Vietnam General Confederation of Labour). From 1990 to 1996, the operational budget of the MOLISA related to employment services is of VND 45,455 billion.

State Labour Inspection

These are agencies of the Ministry of Labour, War Invalids and Social Affairs (MOLISA). Chapter XVI of the Labour Code deals with State Labour Inspection. These inspections include three broad categories: general labour inspection, inspection of occupational safety and inspection of occupational health (article 185 of the Labour Code). The inspections and the responsibilities for them are the following:

1. concerning working conditions, Technology and Occupational Safety Inspection (supported by MOLISA);

2. concerning health and safety at work, Local occupational safety inspection and Local occupational health inspection (supported by MOLISA and the Ministry of Health);

3. concerning industrial relations, Labour and Social Policies Inspection (supported by MOLISA);

4. concerning employment and vocational training, Labour and Social Policies Inspection (supported by MOLISA); and

5. concerning social security, Labour and Social Policies Inspection (supported by MOLISA and Vietnam Social Insurance (VSI).).

According to article 186 of the Labour Code, the duties of the State Labour Inspections are, inter alia, the following:

1. to carry out inspection of the compliance with statutory provisions on labour and occupational safety and health;

2. to inquire into occupational accidents and violations of prescribed standards on occupational health;

3. to approve the criteria and measures for occupational safety in feasibility studies and to issue licences for the use of machinery, equipment and materials meeting occupational safety requirements;

4. to participate in the examination and approval of measures for occupational health for new construction, expansion or transformation of premises for production, use, conservation and storage of radioactive materials and harmful substances;

5. to deal with grievances and complaints of the workers in respect of breaches of labour laws; and

6. to decide on sanctions against breaches of labour law.

The Decree on the Inspection and Control Work with regard to the Enterprises (Decree No. 61/1998/ND-CP) of 15 August 1998 stipulates that, when inspecting and controlling the enterprises, State agencies must strictly observe the function, competence and procedures stipulated by law and must ensure accuracy, objectivity, openness and democracy (article 2). The responsibility of enterprises to self-monitor implementation of the policies and legislation in its production and business activities is also underscored (article 5). Inspection and Control Programs and Plans are to be drawn up under the auspices of the State Inspector General (article 8). Finally, inspection procedures (articles 13 to 22), control procedures (articles 23 to 29), the rights and obligations of enterprises and responsibility of the State agencies in inspection and control activities (articles 30 to 36) are defined in the rest of this Decree.

According to article 22 of the Decree on Administrative Penalties for Labour Offences (Decree No. 38-CP) of 25 June 1996, the authority for imposition of penalties are the following:

1. Labour Inspectors (up to 200,000 dong);

2. Chief Labour Inspectors and Directors of the bodies in charge of State inspection of labour at the departmental level (up to 10 million dong);

3. Chief Labour Inspectors and Directors of the bodies in charge of State inspection of labour at the ministerial level (up to 20 million dong);

4. Chairmen of People’s Committees of provincial districts, communes, towns and cities (up to 10 million dong);

5. Chairmen of People’s Committees of provinces and cities under central authority (up to 100 million dong).

(For details on the penalty rates and on this Decree, see EEO Legislation).

Furthermore, the Circular on Labour Offences (Circular No. 01-TT-LDTBXH) of 6 January 1997 determines the procedures for imposition of penalties (article II), as well as for settlement of complaints launched by penalized organizations or individuals (article III).

Finally, we can note that, in 1996, 120 visits were made for a number of 253 infringements. They are carried out by Labour Inspectors whose powers and duties are defined in articles 187 to 190 of the Labour Code. Their decisions have executory force and must be implemented, but can be appealed to the competent authorities (article 190).

Department of International Relations

The Department provides assistance to the Minister of Labour, War Invalids and Social Affairs on the following tasks (inter alia):

1. implementing functions of international cooperation in the field of labour;

2. elaborating on international agreements, protocols and regulations in the field of labour;

3. coordinating the units within the Ministry to provide information on labour and social affairs to international and foreign organizations; and

4. organizing seminars, workshops and discussions funded by international organizations.