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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
02/2003/QD-TTg
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Hanoi,
January 2, 2003
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DECISION
PROMULGATING THE REGULATION ON FINANCIAL MANAGEMENT
APPLICABLE TO VIETNAM SOCIAL INSURANCE
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Government’s Decree No.12/CP of January 26, 1995 promulgating
the Social Insurance Regulation;
Pursuant to the Government’s Decree No.45/CP of July 15, 1995 promulgating the
Social Insurance Regulation for army officers, professional army men,
non-commissioned officers and soldiers of the People’s Army and the People’s
Police;
Pursuant to the Government’s Decree No.58/1998/ND-CP of August 13, 1998
promulgating the Medical Insurance Regulation;
Pursuant to the Government’s Decree No.100/2002/ND-CP of December 6, 2002 on
the functions, tasks, powers, responsibility and organizational apparatus of
Vietnam Social Insurance;
At the proposal of the Finance Minister,
DECIDES:
Article 1.-
To promulgate together with this Decision the Regulation on Financial
Management applicable to Vietnam Social Insurance.
Article 2.-
This Decision takes effect as from January 1, 2003; the previous regulations
contrary to this Decision are all hereby annulled.
Article 3.-
The Finance Minister shall have to guide and inspect the implementation of the
Regulation promulgated together with this Decision.
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PRIME
MINISTER
Phan Van Khai
REGULATION
ON FINANCIAL MANAGEMENT APPLICABLE TO VIETNAM SOCIAL
INSURANCE
(Promulgated together with the Prime Minister’s Decision No.02/2003/QD-TTg
of January 2, 2003)
Chapter I
GENERAL PROVISIONS
Article
1.- This Regulation shall apply to financial management operations of the
entire system of Vietnam Social Insurance.
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Article 3.-
1. The
Social Insurance Fund is formed from the contributions of the participants in
social insurance and medical insurance; the contributions of employers; the
State’s contributions and support; profits from activities of preserving and
developing the Fund and other lawful revenue sources.
2. The Social Insurance Fund is
managed in a concentrated, unified, democratic and public manner in the entire
system of Vietnam Social Insurance; accounted according to constituent funds,
independent from the State budget and protected by the State.
Article
4.- The Social Insurance Fund is used for payment of social insurance
entitlements to subjects enjoying social insurance after October 1, 1995;
payment of medical insurance to subjects participating in medical insurance;
payment of expenses for management of the apparatus of the system of Vietnam
Social Insurance; payment of expenses for capital construction, and other
expenses.
Article 5.-
The funding for construction of material foundations of the system of Vietnam
Social Insurance shall be channeled from profits earned from the application of
measures to preserve and develop the Fund.
Article 6.-
1.
Annually, Vietnam Social Insurance shall have to estimate the social insurance
revenues and expenditures (expenditures on social insurance, medical insurance,
management, the construction of material foundations...) and submit them to the
Managing Board for adoption and send them to the Finance Ministry for sum-up
and submission to the Government so that the latter shall assign tasks to
Vietnam Social Insurance.
2. The general director of
Vietnam Social Insurance shall base on the revenue and expenditure tasks
assigned by the Government and the estimates adopted by the Managing Board to
allocate and assign tasks to the provincial/municipal Social Insurance on the
principle that the total revenue is not lower and the total expenditure is not
higher than those assigned by the Government.
3. To settle the insurance fund
revenues and expenditure according to the current regulations of the State and
the social insurance accounting regime issued and guided by the Finance
Ministry.
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1. The social insurance offices
of all levels shall have to organize the payment to insurance beneficiaries in
time and fully in accordance with the State’s regimes and policies.
2. The payment of insurance
entitlements shall be effected directly by social insurance offices at all
levels or contracted to labor employing units, medical examination and
treatment establishments or representatives of communes, wards, district towns
and must comply with the State’s regulations.
3. The social insurance offices
at all levels must stop the payment to insurance beneficiaries upon the
conclusions of the competent State agencies on deceptive acts, dossier or
document forgery for enjoyment of the insurance regime; and at the same time
immediately apply measures to recover the money amounts already wrongly paid;
notify such to the subjects, labor-employing units or administrations of the
localities where the subjects enjoying the insurance regime reside for handling
according to competence; coordinate with and transfer dossiers to, law bodies
for handling according to law.
Chapter II
FORMING SOURCES, USE AND
MANAGEMENT OF SOCIAL INSURANCE FUND
Article 8.-
The Social Insurance Fund is formed from the following sources:
1. The compulsory contributions
by the employers and the employees participating in social insurance..
2. The compulsory and voluntary
contributions by the employers and employees participating in medical insurance.
3. The State’s contributions and
support in order to ensure the social insurance regimes for laborers.
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5. Profits earned from the
application of measures to preserve and develop the Social Insurance Fund.
6. Other lawful revenue sources.
Article 9.- The
collection of premiums paid by subjects participating in insurance under the
provisions of law shall be effected as follows:
1. The social insurance offices
at all levels shall have to guide and organize the collection of insurance
premiums of all subjects participating in the insurance according to
regulations.
2. Monthly, the labor-employing
units (including units, agencies and organizations of the Ministry of Defense,
the Ministry of Public Security and the Government Cipher Committee) shall have
to fully and promptly pay the insurance premiums into the Social Insurance Fund
immediately after the monthly payment of wages to the laborers.
3. Where labor-employing units
defer the insurance premium payments for 30 days or more as compared to the
prescribed time limit, in addition to the deferred payment amounts and
administrative fines under the current regulations, they must also pay fines
for the delayed payment at the overdue loan interest rates set by the State
Bank of Vietnam at the time of retrospective payment. For units which
deliberately violate or delay the payment, the social insurance offices shall
be entitled to request the State Treasury and/or the banks where the units make
transactions to deduct money from the units’ accounts for full payment of the
insurance premiums and late payment fines without the payment consents of the
labor-employing units (except for units allowed by the Government or the Prime
Minister to defer their payment).
4. The Finance Ministry shall
assume the prime responsibility and coordinate with the Ministry of Labor, War
Invalids and Social Affairs, the Health Ministry and concerned agencies in
setting the levels and time of paying the social and medical premiums for each
type of subjects, including social policy subjects according to the current
regulations.
Article
10.- The Vietnam Social Insurance system is entitled to open the Social
Insurance Fund deposit accounts at the State Treasury system and the State-run
commercial bank system. The credit balance on the deposit accounts shall enjoy
the deposit interest rates according to the regulations of the commercial banks
and the State Treasury.
Article
11.- The Social Insurance Fund is uniformly managed within the Vietnam
Social Insurance system, accounted separately and balanced between revenues and
expenditures according to each constituent fund ( the Pension and Allowance
Fund; the Compulsory Medical Examination and Treatment Fund and the Voluntary
Medical Examination and Treatment Fund). Annually, if the constituent funds are
recorded with revenues larger than expenditures, the credit balance shall be
carried forwards to the following year; if the total revenues are smaller than
the total expenditures, the credit balances of other funds are allowed to be
used to ensure the full and timely payment of entitlements to the beneficiaries
according to regulations.
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Article 12.-
The Pension and Allowance Fund
1. The Pension and Allowance
Fund is formed from the following sources:
a) The social insurance premiums
of employers and employees.
b) The State’s contributions and
support in order to ensure the implementation of social insurance regime for
laborers.
c) Profits earned from the
application of measures to preserve and develop the Fund.
d) Other lawful revenues.
2. The Pension and Allowance
Fund is used for payment of:
a) Pensions (regular and lump
sum payment).
b) Allowances for labor accident
victims and their attendants, for the supply of equipment and devices for labor
accident victims.
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d) Maternity allowances.
e) Occupational disease
allowances.
f) Death allowances (basic quota
and support) and burial costs.
g) Health recuperation and
restoration expenses.
h) Medical insurance premiums as
prescribed.
i) Payment fees.
j) Other expenses.
Article
13.- Compulsory Medical Examination and Treatment Fund.
1. The Compulsory Medical Examination
and Treatment Fund is formed from the following sources:
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b) The State’s support for
social policy beneficiaries and people with meritorious services to the
revolution according to regimes.
c) Profits yielded from the
application of measures to preserve and develop the Fund.
d) Donations and aid of
organizations and individuals inside and outside the country.
e) Other lawful revenues.
2. The Compulsory Medical
Examination and Treatment Fund is used for payment of expenses for medical
examination and treatment inside and outside the hospitals for subjects
participating in compulsory medical insurance, including:
a) Medical examination,
diagnosis and treatment.
b) Tests, X-ray, functional
probes.
c) Medicines on the lists
prescribed by the Health Ministry.
d) Blood and fluid transfusions.
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f) The use of medical supplies
and equipment as well as hospital beds.
Article
14.- Voluntary Medical Examination and Treatment Fund
1. The Voluntary Medical
Examination and Treatment Fund is formed from the following sources:
a) Voluntary contributions by
participants in medical insurance.
b) The State’s support.
c) Profits yielded from the
application of measures to preserve and develop the Fund.
d) Donations and aid of
organizations and individuals inside and outside the country.
e) Other lawful revenues.
2. The Voluntary Medical
Examination and Treatment Fund is used for payment of expenses for medical
examination and treatment given to subjects corresponding to the premium levels
and insured scopes chosen by the insurance participants. The contribution and
enjoyment levels, the interests in medical examinations and treatments
corresponding to each premium level shall be applied uniformly nationwide.
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MANAGEMENT AND USE OF
FUNDING SOURCES ALLOCATED BY THE STATE BUDGET FOR SOCIAL INSURANCE PAYMENT
Article
15.- Vietnam Social Insurance shall fully implement the regulations on
estimation and use of funding and settlement of funding paid to social
insurance beneficiaries, which are allocated by the State budget, strictly
according to the provisions of the State Budget Law.
Article
16.- The State budget shall allocate enough funding according to the
settled payments to subjects enjoying social insurance regimes before October
1, 1995, including the payments of:
1. Pension.
2. Working capacity-loss
allowances.
3. Allowances for labor accident
victims and their attendants, the supply of equipment and devices for labor
accident victims.
4. Occupational disease
allowances.
5. Allowances for the rubber
industry’s workers.
6. Death allowances (basic quota
and support) and burial costs.
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8. Payment fees.
9. Other expenses (if any).
Article
17.- Annually, Vietnam Social Insurance shall advance funding from the
Pension and Allowance Fund for timely and full payment of pension and
allowances to subjects, allocated by the State budget; then later the State budget
shall refund the Pension and Allowance Fund according to the actual payment
under the State’s policies and regimes.
Chapter IV
EXPENSES FOR MANAGEMENT
OF VIETNAM SOCIAL INSURANCE SYSTEM
Article 18.-
1.
Expenses for management of operation of the Vietnam Social Insurance system:
a) Regular expenditures of the
Vietnam Social Insurance system (including expenses for scientific researches,
training and re-training) in service of the operation of the entire branch;
excluding the expenses for overhaul of fixed assets, procurement of assets from
investment capital sources under the projects approved by competent
authorities.
b) The source of funding for
annual regular expenditures of the Vietnam Social Insurance system is channeled
from profits yielded from the application of measures to preserve and develop
the Funds; the deduction level is equal to 4% of the actually collected amount
of social insurance and medical insurance premiums paid by the employers and
the subjects participating in the insurance, to be applied from 2003 to 2005.
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- Addition to wages,
remuneration for laborers in the whole branch according to the extent of their
work performance, but the maximum income shall not exceed 2.5 times the wage
fund according to current regulations.
- Payment of wages and
remuneration for contractual laborers (under the provisions of the Labor Code)
in case of necessity in order to ensure the fulfillment of work.
- Addition to the reward and
welfare funds, but not in excess of three months’ average actual wages of the
whole branch.
- Additional allowances besides
the State’s common policies to laborers within the branch, who volunteer to
resign from work upon the implementation of the policy on labor reorganization
and payroll streamlining. The allowance levels shall be decided by the general
director of Vietnam Social Insurance.
- The setting up of reserve fund
for stabilization of income for officials and employees. The appropriation
level shall be decided by the general director of Vietnam Social Insurance.
- The remainder (if any) after
effecting the above five spending contents must be remitted into the insurance
funds.
2. The payment of premiums and
enjoyment of social insurance and medical insurance regimes by Vietnam Social
Insurance officials and employees shall be calculated according to the wage
coefficients prescribed in the Government’s Decree No.25/CP of May 23, 1993 and
the minimum wage level set by the Government.
3. The expenditure on management
of the Vietnam Social Insurance system shall be decided by the Managing Board
on the basis of the State’s current norms and criteria and the branch’s
particular operation, ensuring the principle of thrift and efficiency.
4. Vietnam Social Insurance
shall have to allocate managerial expenditures for the social insurance offices
at all levels in compatibility with their assigned tasks, ensuring that the
funding allocated to the social insurance offices of all levels must not exceed
the total.
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1.
Annually, basing itself on the managerial expenditure level prescribed at Point
b, Article 18, Vietnam Social Insurance shall estimate the managerial
expenditure of the Vietnam Social Insurance system and submit it to the
Managing Board for approval, and to the Finance Ministry for monitoring and
supervising the implementation thereof.
2. Vietnam Social Insurance
shall organize the performance of the tasks of revenue, expenditure, settlement
and financial reporting according to the current regulations.
Article 20.-
1. The
funding for investment in the construction of material foundations of the
Vietnam Social Insurance system shall be channeled from the profits earned from
the application of preservation and growth measures prescribed in Clause 3,
Article 22 of this Decision.
2. When using funding for
investment in the construction of material foundations, Vietnam Social
Insurance must fully observe the current regulations on management of
investment and capital construction funding.
Chapter V
ACTIVITIES OF PRESERVING
THE VALUE AND GROWTH OF SOCIAL INSURANCE FUND
Article 21.-
1.
Vietnam Social Insurance shall have to implement measures to preserve the value
and growth of the social insurance funds. The use of temporarily idle money of
the insurance funds for investment must ensure their safety, preserve their
value and ensure socio-economic efficiency.
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- The purchase of debentures,
notes, promissory notes, bonds of the State Treasury and State-run commercial
banks.
- Providing loans to the State
budget, the Development and Investment Assistance Fund, the State-run
commercial banks, the policy bank.
- Investment in a number of
capital-demanding projects, to be decided by the Prime Minister.
Article
22.- Profits yielded annually from investment and growth of the insurance
funds shall be distributed and used as follows:
1. Deduction of funding for
management of the Vietnam Social Insurance system as provided for at Point b,
Clause 1, Article 18.
2. Deduction for setting up of
the reward and welfare funds, being equal to the entire branch’s three months’
average actually paid wages.
3. Deduction of capital for
investment in the construction of material foundations of the whole system
under the projects approved by competent authorities.
4. The remainder shall be
supplemented to the insurance funds.
Chapter VI
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Article
23.- The Finance Minister shall have the responsibility to guide the
implementation of this Regulation.
Article
24.- The Managing Board and the general director of Vietnam Social
Insurance shall have to implement this Decision.
PRIME
MINISTER
Phan Van Khai