|
VIETNAM SOCIAL
SECURITY
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 686/QD-BHXH
|
Hanoi, May 29,
2024
|
DECISION
ON AMENDMENTS TO THE
PROCEDURES FOR SETTLING CLAIMS FOR SOCIAL INSURANCE BENEFITS, PAYING SOCIAL
INSURANCE AND UNEMPLOYMENT INSURANCE BENEFITS, AS ISSUED BY DECISION NO.
166/QD-BHXH DATED JANUARY 31, 2019 OF THE GENERAL DIRECTOR OF VIETNAM SOCIAL
SECURITY AND DECISION NO. 3503/QD-BHXH OF NOVEMBER 18, 2022 OF THE GENERAL
DIRECTOR OF VIETNAM SOCIAL SECURITY ON AMENDMENTS TO THE PROCEDURES FOR
SETTLING CLAIMS FOR SOCIAL INSURANCE BENEFITS, PAYING SOCIAL INSURANCE AND
UNEMPLOYMENT INSURANCE BENEFITS ISSUED WITH THE DECISION NO. 166/QD-BHXH
GENERAL DIRECTOR OF VIETNAM SOCIAL SECURITY
Pursuant to the Law on Social Insurance dated
November 20, 2014;
Pursuant to the Law on Employment dated November
16, 2013;
Pursuant to the Law on Occupational Safety and
Hygiene dated June 25, 2015;
Pursuant to the Government's Decree No.
89/2020/ND-CP dated August 4, 2020 defining functions, tasks, powers and
organizational structure of Vietnam Social Security;
At the request of the Head of the Social
Insurance Policy Implementation Board, Director of the Finance - Accounting
Department.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 1. Amendments to the Procedures for
settling claims for social insurance (SI) benefits, paying social insurance
(SI) and unemployment insurance (UI) benefits issued together with Decision No.
166/QD-SI dated January 31, 2019 of the General Director of Vietnam Social
Security:
1. Add the
following definitions to Clause 1, Article 1:
Citizen identification card: citizen identification
card, identification card.
- employment services.”
2. Add the
following definitions to Clause 2, Article 1:
“- Monthly SI includes: pension, SI benefits and
monthly allowances.”
3. Amend
sub-section 1.1.2, point 1.1, clause 1, Article 2 (as amended in Decision No.
3503/QD-BHXH) as follows:
“b) Prepare a list of beneficiaries of lump-sum
payments of SI benefits settled and paid by the province-level Social Security
agency; prepare a list of beneficiaries of lump-sum payments of occupational
accident and occupational disease benefits, and death benefits paid in cash by
other province- or district-level Social Security agencies.
4. Amend
sub-section 1.2.3, point 1.2, clause 1, Article 2 (as amended in Decision No.
3503/QD-BHXH) as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Amend Clause
2, Article 2 as follows (amended sub-section a, section 2.1.2, point 2.1 in
Decision No. 3503/QD-BHXH):
“2. Decentralization of payment and management of
beneficiaries
2.1. Province-level Social Security
2.1.1. Pay claims for sickness, maternity, and
recuperative care benefits settled by the province-level Social Security;
support for vocational training, support for training and skill enhancement;
support for career transition for people with occupational accidents and
diseases when returning to work, support for occupational disease examination,
support for occupational disease treatment, support for rehabilitation, support
for occupational safety and health training, support for re-investigation of
occupational accidents and diseases, and medical examination and treatment
fees; pay lump-sum SI benefits at the province-level Social Security; pay UI
benefits through personal accounts for employees.
2.1.2. Sign a contract with an authorized benefit
payer authorizing them to pay and manage beneficiaries.
a) Pay monthly SI benefits, lump-sum cash SI
allowances under the monthly SI benefits, and cash UI benefits.
b) Manage beneficiaries receiving monthly SI
benefits and report any decreases in beneficiaries according to regulations.
c) Manage and store the list of beneficiaries for
payments via personal accounts, the list of beneficiaries with cash payments,
documents related to transferring money to beneficiaries through personal
accounts, authorization letters, and money receipts signed by beneficiaries
when paid by authorized benefit payers, in compliance with applicable laws.
2.2. District-level Social Security
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. Add clause 14
after clause 13, Article 3 as follows:
“14. If a monthly SI beneficiary requests to update
or supplement their personal information based on their citizen identification
card, the updated or supplemented information shall not be used as a basis for
readjusting the settled social insurance benefits”.
7. Add section
1.2.8 after section 1.2.7, point 1.2, clause 1, Article 6 as follows:
“1.2.8. In case of a request to update or
supplement personal information in the monthly SI beneficiary file based on the
citizen identification card, the file receipt form should indicate the
request to update or supplement personal information based on the citizen
identification card, using Form No. 2-CBH (issued with this Decision)”.
8. Amend and
supplement the third (-) bullet point sub-section a, section 1.1.2, point 1.1,
clause 1, Article 7 as follows:
“- Payment/granting money to purchase daily living
aids:
+ For new claims for settlement: Based on the
records and types of daily living aids, determine the amount of money and issue
a Decision on the provision of daily living aids (Form No. 03P-HSB).
+ For cases that have been granted money to
purchase daily living aids but are not yet on the list of beneficiaries for
payments: Based on the Decision on the Provision of daily living
aids (Form No. 03P-HSB) of the employee or based on the records, term, types,
invoices, and documents for purchasing daily living aids, when the beneficiary
requests payment, establish a list of approved beneficiaries of daily living
aids that are not yet on in the centralized data to update into TCS software
(Form No. 31-HSB issued with this Decision) and submit to the Director for
approval.
+ Make a list of beneficiaries for payments:
Based on the Decision on providing daily living aids (Form No. 03P-HSB)
and Form No. 31-HSB to:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Make List C72a-HD for those who are granted money
to purchase daily living aids by term. The software automatically updates the
amount periodically according to the daily living aids term.”
9. Add section
1.1.4a after section 1.1.4, point 1.1, clause 1, Article 7 as follows:
“1.1.4a. Update or supplement personal information
in the monthly SI beneficiary file based on the citizen identification card.
Access the Policy Management System to check and
compare the beneficiary's information with the information on the citizen
identification card and the national population database. If the information is
verified and accurate, update and supplement the information based on the
citizen identification card; submit the updated information to the leader for
approval; sign the confirmation of updating personal information in the monthly
social insurance benefit file based on the citizen identification card (Form
No. 29-HSB issued with this Decision); and then transfer the updated
information to the receipt and result return department on the system.
1.1.5. Data cutoff and reports:
…”
10. Amend Point
2.1, Clause 2, Article 7 (amended in Decision No. 3503/QD-BHXH) as follows:
“2.1. Make a list of beneficiaries for lump-sum
payments
2.1.1. Responsibilities of the Social Insurance
Benefit Department
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2.1.2. Responsibilities of the Social Insurance
Benefit Department
- Daily, based on the data, settle claims for
lump-sum SI benefits and allowances; notify conversion to lump-sum payments of
occupational accident and occupational disease benefits, death benefits;
decision by the competent authority on the deduction of social insurance money;
establish C97-HD List according to hierarchy, using the following forms:
Payment through a personal account, direct payment in cash, submit to
leader for approval and transfer to the planning and finance department.
- Every month, based on the data for settling
the lump-sum allowances along with the monthly SI benefits that the beneficiary
registers to receive through personal accounts, create List C97-HD
simultaneously with creating List C72a-HD for monthly pension and SI allowance
payments for the leader to approve and transfer to the planning and finance
department for payment or transfer to the planning and finance department
according to the decentralization".
11. Amend
sub-section 2.2.2, point 2.2, clause 2, Article 7 (as amended in Decision No.
3503/QD-BHXH) as follows:
“2.2.2. Responsibilities of the Social Insurance
Benefit Department Receive and process the lists and notices prepared and sent
by the district-level Social Security according to section 2.2.1 of this point;
receive and process decisions of competent authorities on monthly social
insurance deductions; receive and process data on settlement of monthly SI
insurance benefits (including increase or decrease the benefit level; updates
and supplements to beneficiaries' personal information based on their citizen
identification cards) in the province, beneficiaries of SI benefits transferred
from other provinces during the month; list 7a-CBH and data on the list of
beneficiaries for payments for the month, prepare and submit to the leader for
digital signature on the policy management software system (TCS) the following
lists and reports:
a) List C72a-HD for the following month with
lump-sum allowances (if any) for beneficiaries from the 1st to the last day of
the month in the following forms: Payment via personal account, direct payment
in cash;
b) List D03-TS (issued with Decision No.
490/QD-BHXH dated March 28, 2023 of the General Director of Vietnam Social
Security on amendments to the procedures for collecting social insurance,
health insurance, unemployment insurance, occupational accident and disease
insurance, managing social insurance books and health insurance cards issued
with Decision No. 595/QD-BHXH dated April 14, 2017 of the General Director of
Vietnam Social Security and amendments to Article 1 of Decision No. 505/QD-BHXH
dated March 27, 2020 of the General Director of Vietnam Social Security) of
people receiving monthly SI benefits in detail according to each type in the
area...”.
12. Amend clause
3 Article 2 (as amended sub-section b, section 3.1.1 and sub-section b, section
3.1.2, point 3.1 in Decision No. 3503/QD-BHXH) as follows:
“3.1. Responsibilities of the plan and finance
department
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3.1.2. Payments to beneficiaries
a) Payments via personal account
Based on the List C97-HD, make payments via
personal account: Make the transfer immediately on the same day or the next
working day after receiving the List.
In case of failure to pay due to incorrect
information: The plan and finance department signs and sends from the
centralized accounting software to the TCS software to the social insurance
benefit department (according to Form No. 1a-CBH); receive the adjustment
information created by the social insurance benefit department and submit it to
the leader to sign and transfer from the TCS software to the centralized
accounting software (according to Form No. 1b-CBH), and then transfer the
allowance amount to the employee's account immediately upon receiving the
adjustment request information.
b) Cash payments
Based on List C97-HD and List 7b-CBH, make payments
to the beneficiary; based on the request form No. 3-CBH, compare with the
managed data to pay for the relatives of the deceased beneficiary who has not
yet received the SI benefits.
3.1.3. Based on the revocation decisions of the
social insurance benefit department and data from the TCS software, create List
C75-HD, enter into the detailed revocation tracking book of each entity managed
by the province-level Social Security and summarize the recovery list of the
whole province according to regulations.
3.1.4. Monthly, based on List 7b-CBH sent by the
plan and finance department of the districts, create List 7b-CBH of the whole
province.
3.1.5. Monthly, prepare a summary report on
lump-sum SI benefit payment according to Form No. 4-CBH managed by the
province-level Social Security and based on the report according to Form No. 4-CBH
sent by the plan and finance department of the districts to make a final report
of the whole province, transfer to the social insurance benefit department.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Implement Sections 3.1.1, 3.1.2, 3.1.3, 3.1.4,
3.1.5, Point 3.1, Clause 3 of this Article according to the management
decentralization of the district-level Social Security.
b) On the last working day of each month, prepare
the List 7b-CBH of the district and send it to the plan and finance
department.”
13. Amend Point
5.1, Clause 5, Article 7 (amended Section 5.1.1, Point 5.1 in Decision No.
3503/QD-BHXH) as follows:
“5.1. Province-level Post Office
5.1.1. Receive the list, budget; pay monthly SI
benefits and lump-sum SI allowances attached to monthly SI benefits in cash, UI
benefits in cash; manage beneficiaries; make settlement and implement the
reporting regime according to the regulations of Vietnam Social Security and
the signed authorization contract;
5.1.2. Store the list of beneficiaries with
payments via personal accounts, documents related to transferring money to
beneficiaries through personal accounts, the list of beneficiaries with cash
payments, authorization letters, and money receipts signed by beneficiaries
when paid by the post office, in compliance with applicable laws. Based on the
original documents, create, sign, and transfer digital signatures to electronic
data and send to the Social Security agency the settlement records and
documents of the Payment schedule form No. C74a-HD. Take legal liability for
the accuracy between the electronic copy of the settlement records sent to the
Social Security agency and the List of beneficiaries for payments, Receipt of
money with the signature of the beneficiary kept at the post office; be
responsible for providing upon request of the Social Security agency and
competent authorities.”
14. Amend
sections 5.2.1, 5.2.2, point 5.2, clause 5, Article 7 (amended section 5.2.1,
point 5.2 in Decision No. 3503/QD-BHXH) as follows:
“5.2.1. Pay monthly SI benefits and lump-sum SI
allowances attached to monthly SI benefits in cash, UI benefits in cash; manage
beneficiaries; make settlement with district-level Social Securities agencies
and implement the reporting regime according to the regulations of Vietnam
Social Security and the signed contract.
5.2.2. Prepare List 7a-CBH, 7c-CBH, Payment
schedule Form No. C74a-HD, transfer to electronic data to make settlements with
the district-level Social Security in accordance with law on electronic
transactions."
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“a1) From the Department of Labor, War Invalids and
Social Affairs: Decision on support for training and skill enhancement;
from employment service centers: Decision, notification, proposal on
receiving UI benefits; Decision on vocational training support as prescribed in
Clause 1 and Clause 6, Article 18, Clause 2, Article 19, Clause 1, Article 20,
Clause 3, Article 21, Clause 4 and Clause 7, Article 22, Clause 4, Article 25
and Clause 2, Article 27 of Decree No. 28/2015/ND-CP dated March 12, 2015 of
the Government, Clause 8, Article 1 of Decree No. 61/2020/ND-CP dated May 29,
2020 of the Government; List of UI benefit decisions, individuals who fail to
report their employment status monthly in person, individuals who register for
vocational training and job placement services, individuals who apply to
preserve their unemployment insurance, individuals who do not receive their UI
benefit payout decision (or their UI benefit payout decision is revoked) by
electronic means as prescribed in Clause 2, Article 19, Decree No.
166/2016/ND-CP dated December 24, 2016 of the Government.”
16. Amend
sub-section a, section 1.1.2, point 1.1, clause 1, Article 8 as follows:
“a) Employment service center: Notice of
non-receipt of UI benefits in person (Form No. 14 issued with Circular No.
28/2015/TT-BLDTBXH); Notice of receiving decisions on payout of UI benefits
(Form No. 01/TB-HSB issued with this Decision)”.
17. Amend
sub-section b, section 2.1.2, point 2.1, clause 2, Article 8 as follows:
"b) If the information is incorrect,
insufficient, or if the UI benefits are not in accordance with regulations,
send the employment service center a notice of receipt of the decision on
payout of UI benefits (Form No. 01/TB-HSB)."
18. Amend
sub-section a1 section 2.2.1 point 2.2 clause 2 Article 8 as follows:
“a1) For those receiving UI benefit in the first
month: Pursuant to the decision on the grant or revocation of UI benefits,
information regarding employees who have failed to receive their UI benefit
payout decisions, and those who have failed to report their job seeking
activities, create List C72b-HD and submit it to Province-level Social Security
head for approval. The payment date is the working day following
the date of the list approved by the province-level Social Security head and
ensures the time limit as prescribed in Clause 3, Article 46 of the Law on
Employment."
19. Amend the
content in the third bullet point of content a2, sub-section a, section 2.2.1,
point 2.2, clause 2, Article 8 as follows:
In case of receiving a request to continue paying
UI benefits, the decision on continued UI benefit payout after deadline for
making the prescribed list, a list of beneficiaries for payments shall be made
for this case on the same day.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
20. Amend
section 2.2.2, point 2.2, clause 2, Article 8 as follows:
The social insurance benefit department receives
List C87a-HD from vocational training facilities and the social insurance
benefit department; compares it with the information on vocational training
support for each employee that has been updated on the System. If benefits are
claimed in accordance with the regulations, data entry into the System shall be
carried out and a List of unemployed people receiving vocational training
support (form No. C87b-HD) will be submitted to the province-level Social
Security head for approval.
Assign the Director of the Province-level
Social Security to coordinate with the employment service center to agree
on the method and time for transferring the decision and electronic data on
vocational training support to serve as a basis for making a list of
beneficiaries for payments to ensure convenience for beneficiaries, vocational
training facilities, and within the prescribed time limit.”
21. Amend point
2.3, clause 2, Article 8 as follows:
“2.3 Transferring the list
2.3.1. Transfer to the plan and finance department:
List C72b-HD for funding and payment, List C87b-HD and Payment schedule form
C93-HD for payment.
2.3.2. Transfer to the receipt and results return
department:
a) The receipt and results return department
affiliated to province-level Social Security
- Notice of non-receipt of UI benefits in person
(Form No. 14 issued with Circular No. 28/2015/TT-BLDTBXH);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- List of unemployed people approved for vocational
training support (Form No. 87b-HD);
- Payment schedule form C93-HD.
b) The social insurance benefit department shall
transfer the receipt and results return department affiliated to district-level
Social Security: The list of unemployed people approved for vocational training
support (Form No. 87b-HD); Payment schedule form C93-HD.
2.3.3. Transfer the records specified
sub-section 1.1.1, section 1.1, clause 1, Article 8 for storage according to
regulations."
22. Amend clause
1, Article 12 as follows:
"1. Information Technology Center
Develop, adjust the business software of the
Industry to fully meet the regulations in this Document; in case of updating,
supplementing personal information of the beneficiary according to the citizen
identification card, then supplement the amended content along with the old
personal information criteria, ensuring that the social insurance benefit level
is not changed at the time of updating; guide, implement and promptly resolve
difficulties in the process of using business software.”
Article 2. Lists and forms
1. Update and
supplement information on lists and forms (Appendix 1)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- List of beneficiaries for settlement of sickness,
maternity, and health recovery benefits (Form No. C70a-HD);
- List of beneficiaries for settlement of maternity
benefits for employees who have quit their jobs, been demobilized, or
discharged before giving birth, receiving a child, or adopting a child (Form
No. C70b-HD);
- List of beneficiaries for payment of pensions and
SI benefits (Form No. C72a-HD); List of beneficiaries for payment of UI
benefits (Form No. C72b-HD);
- List of beneficiaries for payment of lump-sum SI
benefits (Form No. C97-HD); List of requests for settlement of sickness,
maternity, and health recovery benefits (Form No. 01b-HSB);
1.2. Amend instructions for providing information
according to the citizen identification card
- Request to change beneficiary information (Form
No. 02-CBH);
- Application form (Form No. 14-HSB);
1.3. Amend some contents on payment form
- Decision on payout of monthly occupational
accident allowance (Form No. 03A-HSB);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- Decision on payout of monthly occupational
disease allowance (Form No. 03C-HSB);
- Decision on payout of lump-sum occupational
disease allowance (Form No. 03D-HSB);
- Decision on payout of monthly occupational
accident allowance due to recurrent injury (Form No. 03E-HSB);
- Decision on payout of lump-sum occupational
accident allowance due to recurrent injury (Form No. 03G-HSB);
- Decision on payout of monthly occupational
disease allowance due to recurrent illness (Form No. 03H-HSB);
- Decision on payout of lump-sum occupational
disease allowance due to recurrent illness (Form No. 03K-HSB);
- Decision on payout of monthly occupational
accident/disease allowances based on a comprehensive assessment of the level of
reduced working capacity (Form No. 03M-HSB);
- Decision on payout of lump-sum occupational
accident/disease allowances based on a comprehensive assessment of the level of
reduced working capacity (Form No. 03N-HSB);
- Decision on granting money to purchase daily
living aids, orthopaedic devices (Form No. 03P-HSB);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- Decision on payout of lump-sum SI benefits (Form
No. 07B-HSB);
- Decision on payout of monthly benefits for
commune, ward and town officials (Form No. 07C-HSB);
- Decision on payout of lump-sum allowance (Form
No. 07D-HSB);
- Decision on payout of funeral allowance (for
relatives of a deceased insured person who was either actively contributing or
had deferred their social insurance contributions (Form No. 08A-HSB);
- Decision on payout of funeral allowance (for
relatives of a deceased individual who was receiving a monthly pension or
social insurance benefit) (Form No. 08B-HSB);
- Decision on payout of monthly death benefit (Form
No. 08C-HSB);
- Decision on payout of lump-sum death benefit (for
relatives of a deceased insured person who was either actively contributing or
had deferred their social insurance contributions (Form No. 08D-HSB);
- Decision on payout of lump-sum death benefit (for
relatives of a deceased individual who was receiving a monthly pension or
social insurance benefit) (Form No. 08E-HSB);
- Decision on continued payout of monthly SI
benefits (Form No. 11-HSB);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2.1. Confirmation of updating personal information
according to citizen identification card (Form No. 29-HSB);
2.2. List of monthly social insurance beneficiaries
with discrepancies between social insurance agency records and national
population database (Form No. 30-HSB);
2.3. List of approved beneficiaries of daily living
aids not yet included in the centralized database for updating in TCS software
(Form No. 31-HSB);
2.4. List of beneficiaries with incorrect account
information (Form No. 1a-CBH);
2.5. List of beneficiaries with corrected account
information (Form 1b-CBH);
Article 3. Implementation
Province-level Social Security agency shall amend
the authorized benefit payment agreement for SI benefits, UI benefits, and the
management of monthly SI beneficiaries via the postal system, which was
previously signed between the province-level Social Security agency and the
province-level Post office, to comply with the amendments and supplements
stipulated in this Decision.
Article 4. Entry in force
1. This Decision takes effect from June 1,
2024; Clause 7, Section 3.1.2, Point 3.1, Clause 12, Clause 21, Clause 22,
Article 1 shall be implemented at the time Vietnam Social Security guides the
software implementation.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Annul Official Dispatch No.
1973/BHXH-CSXH dated May 24, 2017 of Vietnam Social Security on strengthening
the management of social insurance and unemployment insurance; Official
Dispatch No. 2754/BHXH-CSXH dated September 5, 2023 of Vietnam Social Security
on issuing health insurance cards to people receiving monthly social insurance
who request to update personal information according to the citizen
identification card; annul the content in the 3rd bullet point, section b,
point 2.3, clause 2, section II of Official Dispatch No. 2373/BHXH-VP dated
August 29, 2022 of Vietnam Social Security; the content in the 2nd bullet
point, point b, clause 2, Article 9 of Decision No. 706/QD-BHXH dated May 19,
2023 of Vietnam Social Security.
4. Heads of units under Vietnam Social
Security, Directors of province-level Social Security agencies shall implement
this Decision./.
GENERAL
DIRECTOR
Nguyen The Manh