DECISION

ABOUT THE PROMOTION OF THE LIST OF OFFICIAL POSITIONS, OFFICIAL OFFICIAL POSITIONS THAT DO NOT KEEP THE LEADING, MANAGEMENT PERMANENTLY TRANSFORMING WORKING POSITIONS IN THE SECTORS OF MANAGEMENT AND MANAGEMENT OF THE STATE OF TAO LOC DUONG AND STATE MANAGEMENT – LIST OF PERSONS WITH POSITION, AUTHORITY NOT TO ESTABLISH, KEEP THE POINT, MANAGE AND OPERATE THE PRIVATE ENTERPRISE, LIMITED LIABILITY COMPANY, CORPORATION, JOINT STOCK COMPANY AFTER CELEBRATION OF POSITION

THE MINISTER OF LABOR - INVALUATIONS AND SOCIALITY

Pursuant to the 2018 Law on Anti-corruption;

Pursuant to Decree No. 59/2019/ND-CP dated July 01, 7 of the Government detailing the implementation of a number of articles and measures to implement the Law on Anti-corruption;

Pursuant to the Government's Decree No. 14/2017 / ND-CP dated February 17, 02 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the Director of the Department of Organization and Personnel.

DECISION:

Article 1. Scope and subjects of application

1. Civil servants and public employees who do not hold leadership or management positions working in the fields of state management in the Labor, War Invalids and Social Affairs sector.

2. Persons holding positions and powers after retiring from positions in the fields of state management in the Labor, War Invalids and Social Affairs sector.

Article 2. List of civil servants and public employees who do not hold leadership or management positions, periodically change working positions in the fields of state management in the Labor, War Invalids and Social Affairs sector

1. Appraisal of the application for a license to operate the service of sending Vietnamese workers to work abroad under the contract

a) Appraisal of contract registration dossiers, reports on sending people to work abroad; Dossier for ｇｒａｎｔ, renewal and re-issuance of the license to provide the service of sending workers to work abroad.

b) Appraisal of applications for issuance, renewal and re-issuance of licenses to provide the service of sending workers to work in the last country.

2. Appraisal of dossiers of establishment of colleges and intermediate schools; issue certificates of registration of vocational education activities to vocational education institutions: allocation of targets and funding for vocational education

a) Receive and appraise dossiers of application for establishment, division, separation, merger, dissolution of colleges, intermediate schools, and branches of colleges and intermediate schools.

b) Receive and appraise the application for a certificate of registration of vocational education activities, and ｇｒａｎｔ a certificate of additional registration of vocational education activities.

c) Receive and appraise the application for a certificate of eligibility for vocational education quality accreditation.

d) Receive and appraise the application for issuance, re-issuance or cancellation or revocation of the national occupational skill assessor's card or the national vocational skill certificate.

d) Receive and appraise the application for ｇｒａｎｔ, re-ｇｒａｎｔ, temporary suspension of operation or revocation of the certificate of assessment and issuance of the national vocational skill certificate.

e) Making budget allocation for vocational education.

3. Appraisal of dossiers of people with meritorious services; approving and allocating preferential funds to people with meritorious services:

a) Receive and evaluate dossiers of assessment and re-assessment of injuries, dossiers of certification of persons with meritorious services, dossiers of re-issuance or exchange of national diplomas for attribution.

b) Receive, appraise and settle allowances, allowances and other regimes for people with meritorious services.

c) Receive and evaluate dossiers of sending wounded soldiers, sick soldiers and other people with meritorious services into and out of meritorious nursing facilities.

4. Evaluation and issuance of certificates of eligibility for technical safety inspection activities

a) Receive dossiers and inspect machines, equipment and supplies with strict requirements on occupational safety.

b) Receive dossiers and conduct quality inspection of specific products and goods under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs.

c) Receive and appraise the application for the certificate of eligibility for technical inspection of occupational safety.

d) Receive and appraise the application for certificates of occupational safety inspector and technical inspector.

5. Appraisal and issue of work permits for foreigners in Vietnam

a) Receive and evaluate the application for approval of the need to use foreign workers, ｇｒａｎｔ work permits, re-issue work permits and certify that they are not eligible for work permits for foreign workers. outside to work in agencies, enterprises and organizations in Vietnam according to the provisions of law.

b) Appraisal and ｇｒａｎｔ of employment service operation licenses of employment service enterprises.

c) Receive and evaluate dossiers of ｇｒａｎｔ, extension and revocation of employment service operation licenses for enterprises.

Article 3. List of positions and positions of persons with positions and powers not allowed to establish, hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, and partnership companies names, cooperatives after retiring from positions

1. Appraisal of application for license to provide services of sending Vietnamese workers to work abroad under contract.

2. Appraisal of dossiers of establishment of colleges and intermediate schools; issue certificates of registration of vocational education activities to vocational education institutions; allocation of targets and funding for vocational education.

3. Appraisal of dossiers of people with meritorious services; approving and allocating preferential funds to people with meritorious services.

4. Appraisal and ｇｒａｎｔ of certificates of eligibility for technical safety inspection activities.

5. Appraisal and ｇｒａｎｔ of work permits to foreigners in Vietnam.

Article 4. Time limit for implementation

1. The time limit for changing working positions for civil servants and public employees who do not hold leadership or management positions is from full 02 years to 05 years.

2. Term during which a person with a position of authority may not establish, hold a managerial or executive position in a private enterprise, limited liability company, joint-stock company, partnership or partnership The cooperative after resigning from his position is 02 years (full 24 months).

Article 5. Principles of changing working positions

1. Agencies, organizations and units shall, according to their competence, periodically change working positions for civil servants and public employees who do not hold leadership or managerial positions in their agencies, organizations or units. to prevent corruption.

2. The change of working position must be objective, reasonable and suitable to the profession. professional and does not affect the normal operation of the agency, organization or unit.

3. The change of working position must be carried out according to the plan and made public in the agency, organization or unit.

4. Not to take advantage of the periodical change of positions of public servants and public employees for self-seeking purposes or to persecute civil servants and public employees.

Article 6. Methods of changing working positions

1. Changing working positions with the same expertise and profession from one department to another in the agency, organization or unit; between fields and areas assigned to monitor, be in charge and manage, or between agencies, organizations and units within the management scope of the Ministry of Labor, War Invalids and Social Affairs and of the locality.

2. Change of working position shall be done by means of dispatch, arrangement and assignment of tasks.

Article 7. In case the change of working position has not been carried out yet

1. Persons being examined and disciplined.

2. Persons being examined, verified, inspected, investigated, prosecuted or tried.

3. Persons being treated for a serious illness certified by a competent health authority; people who are going to concentrated school for 12 months or more, people who are being seconded.

4. Women who are pregnant or nursing a child under 36 months old; men who are raising children under 36 months old due to the death of their wives or other objective circumstances.

Article 8. Change of working position in special cases

1. For an agency, organization or unit that has only one position in the list of periodically converted, this position has different professional and professional requirements than other positions of the agency or organization, In that unit, the conversion is planned by the head of the immediate superior agency.

2. Do not change the working position for the person whose remaining working time is under 18 months until reaching the retirement age.

Article 9. Implementation organization

1. Responsibilities of Directors of Departments of Labor, War Invalids and Social Affairs of provinces and centrally run cities, heads of units under the Ministry of Labor, War Invalids and Social Affairs

a) Annually, Directors of Departments of Labor, War Invalids and Social Affairs of provinces and centrally run cities, heads of units under the Ministry of Labor, War Invalids and Social Affairs shall base themselves on the list of public positions in the Ministry of Labor, War Invalids and Social Affairs. public employees who do not hold positions, management leaders periodically change working positions in the fields of state management in the Labor, War Invalids and Social Affairs sector specified in Article 2 of this Decision and the list of public employees who do not hold positions. in accordance with the Law on Anti-corruption and regulations of the relevant ministries and branches to develop, issue and publicize the plan to periodically change working positions for civil servants and public employees of the preceding year. and send it to the Ministry of Labor, War Invalids and Social Affairs (via the Department of Personnel Organization) before December 31.

b) Compile a list of persons with positions and powers who are not allowed to establish, hold managerial or executive positions in private enterprises, limited liability companies, joint stock companies, partnerships, cooperatives after resigning from their positions and send them to the Ministry of Labor, War Invalids and Social Affairs (via the Department of Organization and Personnel) before December 31 of each year.

2. Responsibilities of the Department of Personnel Organization

a) Urging, inspecting, summarizing and monitoring the implementation of the plan on periodical change of working positions by units under ministries and branches; list of persons with positions and powers not permitted to establish, hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships and cooperatives after retiring from office.

b) Summarize opinions of units under the Ministry and branch of Labour, War Invalids and Social Affairs during the implementation process; propose and report to the Minister for consideration and decision.

Article 9. This Decision takes effect from the date of signing and promulgates and replaces Decision No. 1817/QD-LDTBXH dated December 18, 12 of the Minister of Labor, War Invalids and Social Affairs promulgating the list of working positions. periodic transformations in the fields of state management of the Labor - Invalids and Social Affairs sectors must be carried out.

Article 10. Chief of the office. Director of the Department of Organization and Personnel, Chief Inspector of the Ministry, heads of units under the Ministry, Directors of Departments of Labor, War Invalids and Social Affairs of provinces and centrally run cities, heads of organizations and units and relevant civil servants and public employees are responsible for the implementation of this Decision.