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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:
606-TTg
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Hanoi,
September 26, 1995
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DECISION
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:
Article 1.-
To issue together with this Decision the Regulation on the Organization and
Operation of the Vietnam Social Insurance.
Article 2.-
The Chairman of the Managing Board of the Vietnam Social Insurance and the
General Director of the Vietnam Social Insurance shall have to organize the
implementation of this Regulation.
Article 3.-
This Decision takes effect from the date of its promulgation. The Chairman of
the Managing Council of the Vietnam Social Insurance, the General Director of
the Vietnam Social Insurance, the Ministers, the Heads of the ministerial-level
agencies, the Heads of the agencies attached to the Government, the Presidents
of the People's Committees of the provinces and cities directly under the
Central Government shall have to implement this Decision.
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FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
REGULATION
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)
Chapter I
GENERAL PROVISIONS
Article
1.- The Vietnam Social Insurance is created on the basis of unifying the
social insurance organizations run by the Labor, War Invalids and Social
Affairs services and the Vietnam General Confederation of Labor at central and
local levels to assist the Prime Minister in directing and managing the social
insurance fund and executing social insurance regimes and policies according to
State laws.
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Article
2.- The Vietnam Social Insurance has the status of a juridical person, an
official seal and a separate bank account. It is headquartered in Hanoi.
The Social Insurance Fund is an
independent accounting unit, and is protected and managed in a uniform way
according to the State financial regime.
Article
3.- The Vietnam Social Insurance is organized and managed in a uniform way
from the central level to districts and provincial cities.
Article 4.-
The payroll and operating budget of the Vietnam Social Insurance shall be
provided by the State in the starting period.
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.
Chapter II
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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Chapter
III
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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Article 8.-
The members of the Managing Council of the Vietnam Social Insurance include the
authorized representatives of the Ministry of Labor, War Invalids and Social
Affairs, the Ministry of Finance, the Vietnam General Confederation of Labor
and the General Director of the Vietnam Social Insurance. The members of the
Managing Council are representatives of their agencies and shall take part in
the activities of the Council and shall discuss and vote on its work.
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.
Article
10.- The Managing Council of the Vietnam Social Insurance shall use the
same official seal of the Vietnam Social Insurance.
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Chapter IV
ORGANIZATION OF WORK AT
THE VIETNAM SOCIAL INSURANCE
Article
11.- The Vietnam Social Insurance is managed and operated by the General
Director to perform its tasks and powers as stipulated in Article 5 of this
Regulation, according to the one-head regime.
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.
Article
12.- The organization of the assisting staffs for the General Director of
the Vietnam Social Insurance is as follows:
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.
Article
13.- The provincial Social Insurance Service shall perform the social
insurance duties in the province, as provided for by the General Director of
the Vietnam Social Insurance.
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.
Article
15.- The district Social Insurance Service has the tasks of receiving the
registrations for social insurances passed on to it by the provincial service;
monitoring and prompting the buying of social insurances by the local employers
and employees; and directly handling, or organizing the network for, payments of
social insurances to the insured in the locality.
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.
Article
16.- The provincial and district Social Insurance Service are entities with
juridical status and have their own official seals, bank accounts and offices.
Article
17.- The payroll of the Vietnam Social Insurance in the starting period
shall belong to the public service payroll allocated annually by the Government
Commission on Organization and Personnel at the proposal of the General
Director of the Vietnam Social Insurance.
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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FINANCE
Article
18.- The social insurance fund is managed in a uniform manner according to
the State financial regime.
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.
Article
21.- The annual expenses from the State budget for the implementation of
social insurances must be included in the State budget proposal to be submitted
for approval by the National Assembly.
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Article
23.- The annual statement on financial revenues and expenses must be
approved by the Managerial Council and General Director of the Vietnam Social
Insurance before being sent to the Ministry of Finance and the other concerned
State agencies.
Chapter VI
FINAL PROVISIONS
Article
24.- This Regulation takes effect from the date of its issue. The Chairman
of the Managing Council and General Director of the Vietnam Social Insurance,
the Ministers, the Heads of the agencies attached to the Government, and the
Presidents of the People's Committees of the provinces and cities directly
under the Central Government shall have to implement this Regulation.