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| THE PRIME MINISTER OF GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 606-TTg | Hanoi, September 26, 1995 |
PROMULGATING THE REGULATION ON THE ORGANIZATION AND OPERATION OF THE VIETNAM SOCIAL INSURANCE
THE PRIME MINISTER
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Decree No.19-CP of February 16, 1995 of the Government on the establishment of the Vietnam Social Insurance;
At the proposals of the Chairman of the Managing Council of Vietnam Social Insurance and the Minister-Chairman of the Government Commission on Organization and Personnel,
DECIDES:
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
ON THE ORGANIZATION AND OPERATION OF THE VIETNAM SOCIAL INSURANCE
(Issued attached to Decision No.606-TTg of September 26, 1995 of the Prime Minister)
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The Social Insurance Fund is an independent accounting unit, and is protected and managed in a uniform way according to the State financial regime.
The Vietnam Social Insurance shall work out its operating budget with the Ministry of Finance, and submit it to the Prime Minister for approval in a separate document.
TASKS, POWERS AND ORGANIZATION OF THE VIETNAM SOCIAL INSURANCE
Article 5.- The Vietnam Social Insurance has the following tasks and powers:
1. To direct and organize the collection of social insurance premiums as provided for by the Labor Code, the Regulation on Social Insurance, and other Government provisions.
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3. To refuse payment of social insurances to the buyers when the authorized State agency concludes that they have committed frauds or forged files and documents to become entitled to social insurances and, at the same time, record this refusal in a written document to the persons, to whom payment of insurances is denied, their employers and the law-enforcement authorities.
4. To compensate for all collections and payments conducted not in compliance with State provisions on social insurance to the buyers, and to be held responsible before law for such wrong doings.
5. To design and organize the implementation of plans and measures to preserve and increase the value of the social insurance funds in line with the Government regulations.
6. To submit to the Prime Minister for decision on the management cost, the collection and payment fees, and the other provisions related to social insurances and the implementation of the above-mentioned provisions.
7. To propose to the Government and the related State agencies on amending and supplementing social insurance policies and regimes to make them suitable to the situation of the country in each period.
8. To organize and maintain records on, and issue cards of, social insurances.
9. To organize statistic documentation and financial accounting; to provide guidance on and inspect the collection and payment of social insurances; to organize dissemination of information and education on social insurance regimes and policies.
10. To monitor the implementation of the regimes on collection and payment of social insurances.
11. To settle in a timely manner complaints from the insured on matters concerning the implementation of social insurance regimes and policies.
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13. To manage the apparatus, staff, finance and material basis of the Vietnam Social Insurance as provided for by the State.
14. To file periodical reports to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance on the work of collection, payment and other activities of social insurance.
15. The Vietnam Social Insurance is authorized to enter into direct relations with State agencies and people's organizations at central and local levels, and with the parties to social insurances to solve problems related to social insurances in compliance with the provisions of the Labor Code, the Regulation on Social Insurances and this Regulation.
16. To carry out other tasks assigned by the Prime Minister.
Article 6.- The organization of the Vietnam Social Insurance:
1. The Managing Council of the Vietnam Social Insurance is its highest managerial body.
2. The Vietnam Social Insurance is organized as a system from the center to the grassroots, which includes:
- At the central level: The Vietnam Social Insurance;
- In provinces and cities directly under the Central Government (hereafter referred to as provincial level) are services under the Vietnam Social Insurance.
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THE MANAGING COUNCIL OF THE VIETNAM SOCIAL INSURANCE
Article 7.- The Managing Council has the following tasks and powers:
1. To direct, monitor and control the collection to, payment from, and management of, the fund of Vietnam Social Insurance.
2. To decide on measures to preserve and increase the value of the social insurance fund according to the plan already approved by the General Director of the Vietnam Social Insurance.
3. To approve the annual financial plan for collection and payment of social insurances and the collection and payment fees, and check the financial statements of social insurance funds at the request of the General Director before submitting them to the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, and the other concerned agencies.
4. To recommend to the Government and concerned State agencies to amend and supplement policies and regimes on social insurance.
5. To make proposal to the Prime Minister on the appointment and dismissal of the General Director and Deputy General Directors of the Vietnam Social Insurance.
6. To propose to the Prime Minister to issue, amend and supplement the Regulation on the organization and operation of the Vietnam Social Insurance.
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The Managing Council of the Vietnam Social Insurance has a Chairman, Vice Chairmen and members, all appointed and dismissed by the Prime Minister at the proposal of the Minister-Chairman of the Government Commission on Organization and Personnel.
Article 9.- The working regime of the Managing Council:
1. The Managing Council shall work collectively; and meet every three months to consider and decide on matters concerning its tasks and powers.
2. The Managing Council may call extraordinary sessions to settle matters of urgency at the request of its Chairman, the General Director or of over 50% of its members.
3. The meetings of the Managing Council must be attended by the majority of its members. The resolution and decision of the Council must have the approval of 100% of the attending members. On important issues, if the opinions of the Council members are divided, the council Chairman must report to the Prime Minister for decision.
The resolutions and decisions of the Managing Council shall be binding to the Vietnam Social Insurance; the General Director of the Vietnam Social Insurance is responsible for organizing their implementation.
4. The Chairman of the Managing Council shall issue a working statute within the Council, its reporting routine and the allocation of duties to the Council members.
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ORGANIZATION OF WORK AT THE VIETNAM SOCIAL INSURANCE
The General Director is the representative of the juridical status of the Vietnam Social Insurance, and shall be responsible before the Prime Minister and the Managing Council for all the operations of the Vietnam Social Insurance.
Assisting the General Director in all fields of operation are the Deputy General Directors appointed and dismissed by the Prime Minister at the proposal of the General Director and the submission by the Manging Council.
1. The Department for social insurance policies and regimes.
2. The Department for collection of premiums.
3. The Department for premiums payments.
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5. The Department of planning and finance.
6. The Department of organization and personnel.
7. The Office of the Vietnam Social Insurance.
8. The Center for information and scientific research.
The tasks, powers and staff sizes of these units shall be decided by the General Director.
The appointment and dismissal of the personnel in the leadership of these units shall be decided by the General Director.
In implementing schemes for preservation and development of funds, there shall be separate organizations provided for by the Prime Minister.
The provincial Social Insurance Service shall be managed and operated by a director who shall be assisted by one or two deputy directors. The director and deputy directors of a provincial Social Insurance Service shall be appointed and dismissed by the General Director of the Vietnam Social Insurance.
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The tasks, powers and staff sizes of these bureaus are decided by the General Director of the Vietnam Social Insurance.
The district Social Insurance Service is managed and operated by a Director. In districts where the workload is heavy, there may be a Deputy Director to assist the Director. The director and Deputy Director of a district Social Insurance Service shall be appointed and dismissed by the director of the provincial service in compliance with the delegation of responsibility by the General Director of the Vietnam Social Insurance.
The district Social Insurance Service shall not have an office apparatus. The size of a district Social Insurance Service shall be decided by the Director of the provincial Social Insurance Service, within the overall staff size for the provincial service approved by the General Director.
The Director of the district Social Insurance Service shall define the tasks and powers for each of the staffs at his/her disposal.
The establishment of a district Social Insurance Service shall be decided by the General Director of the Vietnam Social Insurance on the basis of the workload and the number of insured in that locality. In localities where conditions do not warrant the establishment of a district Social Insurance Service, the director of the provincial Social Insurance Service shall delegate a representative at the district to carry out the payment as well the collection of social insurances at the locality.
The employment and appointment of staffs for work at offices of the Vietnam Social Insurance at all levels must be based on the professional standards and the allocated payrolls.
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Article 19.- The sources of the social insurance fund are:
1. Premiums paid by the buyers of social insurances as stipulated in Article 36 of the Regulation on Social Insurance issued attached to Decree No.12-CP on the 26th of January 1995 of the Government.
2. Allocations from the State Budget for the purposes of:
- Payment to the beneficiaries of social insurances set before the date of issue of the Regulation on Social Insurance.
- Premiums and support budget for purchases of social insurances paid by laborers following the issuance of the Regulation on Social Insurance.
- Purchases of health insurance for the beneficiaries of social insurances.
3. Interests and profits gained from the implementation of schemes for preservation and development of the social insurance fund.
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5. The asset of the Vietnam Social Insurance after re-evaluation according to Government provisions.
6. Other revenues.
Article 20.- Expenses on social insurance are made:
1. To pay social insurances due to the insured;
2. To buy health insurance according to the provisions of the Regulation on Social Insurance;
3. To pay commissions to agents; cover expenses for the collection and payment of social insurance;
4. To pay for the implementation of the schemes for preservation and development of social insurance funds;
5. Other expenses.
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Decision No. 606-TTg of September 26, 1995, promulgating the regulation on the organization and operation of the Vietnam social insurance
- Số hiệu: 606-TTg
- Loại văn bản: Quyết định
- Ngày ban hành: 26/09/1995
- Nơi ban hành: Thủ tướng Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra