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VIETNAM SOCIAL INSURANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 636/QD-BHXH
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Hanoi, 22 April 2016
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DECISION
ISSUING THE REGULATION ON DOSSIER AND PROCEDURES FOR
SETTLEMENT OF SOCIAL INSURANCE BENEFITS
GENERAL DIRECTOR OF VIETNAM
SOCIAL INSURANCE
Pursuant to
the Law on Social Insurance No. 58/2014/QH13 dated 20/11/2014;
Pursuant to
the Resolution No. 93/2015/QH13 dated 22/6/2015 of the National Assembly on implementing
the policy on entitlement to one-time social insurance benefits for the
employees;
Pursuant to
the Decree No. 115/2015/ND-CP dated 11/11/2015 of the Government guiding some
Articles of the Law on Social Insurance on compulsory social insurance;
Pursuant to
the Decree No. 134/2015/ND-CP dated
29/12/2015 of the Government detailing some Articles of the Law on Social
Insurance on compulsory social insurance;
Pursuant to Decree No.
01/2016 / ND-CP dated 05/01/ 2016 01 of the Government regulating the
functions, tasks, powers and organizational structure of the Vietnam Social
Insurance;
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Pursuant to the Circular
No. 01/2016/TT-BLDTBXH dated 18/02/2016 of the Ministry of
Labor, Invalids and Social Affairs detailing and guiding the implementation of
some Articles of the Law on Social Insurance on compulsory social insurance;
Considering
the recommendations of the Head of Department of Implementation of Social Security
Policies,
DECIDES:
Article
1. Issued with this Decision is the Regulation on
dossier and procedures for settlement of entitlement to social insurance for
the employees and the employers participating in compulsory social insurance,
the participants of compulsory social insurance and the employees’ relatives
participating in compulsory social insurance and relatives of participants of
compulsory social insurance specified in the Law on Social Insurance.
Article 2. This
Decision takes effect from 01/06/2016 and supersedes the Decision No.
01/QD-BHXH dated 03/01/2014 of the Vietnam Social Insurance, Article 2 of the
Decision No. 1018/QD-BHXH dated 10/10/2014 of the Vietnam Social Insurance,
Article 1 of Decision No. 919/QD-BHXH dated 26/8/2015 of the Vietnam Social
Insurance. Annul the Official Letter No. 5435/BHXH-CSXH dated 31/12/2015 on
temporary guidelines on implementation of social insurance regimes from
01/01/2016 and other provisions in contradiction with the provisions in this
Decision.
Article
3. The Heads of the bodies, units, organizations,
the employers, the employees, the employees’ relatives, participants of
compulsory social insurance and the Heads of units under the management of the
Vietnam Social Insurance, Director of Social Insurance of provinces and
centrally-run cities, Directors of Social Insurance of the Ministry of Defense,
Directors of Social Insurance of People’s Police, Directors of Social Insurance
of districts, towns and provincial cities are liable to execute this
Decision./.
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REGULATION
ON DOSSIER AND PROCEDURES FOR SETTLMENT OF SOCIAL
INSURANCE BENEFITS
(Issued with Decision No. 636/QD-BHXH dated 22/4/2016 of the
General Director of Vietnam Social Insurance)
Chapter
I
GENERAL
PROVISIONS
Article 1. Subjects of application
The employees, employers
participating in compulsory social insurance and the participants of voluntary
social insurance, relatives of participants of social insurance, social
insurance bodies, relevant organizations and bodies and local government in
preparing dossiers and settle the social insurance allowance entitlement in
accordance with the provisions of the Law on Social Insurance No. 58/2014/QH13.
Article 2. Interpretation of terms
1. The
shortened words:
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- Districts,
towns and provincial cities hereafter referred to as districts;
- Department
receiving and returning the result of administrative procedures and Department
of dossier management of provincial social insurance hereafter referred to as
Department receiving and returning the result of administrative procedures;
- Operational
groups or divisions, operational officers of district social insurance hereafter
referred to as Groups;
- Group
collecting premium of social insurance and health insurance and Group issuing
books and cards and Inspection of district social insurance hereafter
referred to as the Group collecting – issuing books and cards and
Inspection;
- Recognition
of child under 06 months: Child recognition;
- Child
adoption of child under 06 month: Child child adoption;
- Social
insurance: SI;
- Health
insurance: HI
- Unemployment
insurance: UI
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- Occupational
disease: OD;
- List to
request the settlement of sickness, maternity, convalescence and rehabilitation
benefits: List under the Form C70a-HD;
- List of
settlement of sickness, maternity, convalescence and rehabilitation benefits:
List under the Form C70b-HD;
- Law on
Social Insurance No. 58/2014/QH13: SI Law 2014;
- Decree No. 115/2015/ND-CP dated
11/11/2015 of the Government detailing some Articles of the Law on social
insurance on compulsory social insurance: Decree No. 115/2015/ND-CP;
- Joint
Circular No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT of the Ministry of Labour - Invalids and Social Affairs -
Ministry of Health - Ministry of Finance - Ministry of Education and Training
dated 28/12/2012 providing for the disability degree determination done by the
Committee of disability degree determination: Circular No.
37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT.
2. Residence
of citizen is the legitimate residence where that person regularly resides. The
residence of citizen is the permanent or temporary residence in accordance with
regulations of law on residence.
3. Original,
copy, copy certified from the original, copy issued from orignal book, replica.
- “Original”,
“copy”, “copy certified from the original”, “copy issued from the original
book” specified in this document comply with the provisions in Decree No. 23/2015/ND-CP dated
16/02/2015 of the Government on issuing the copy from the original book,
certification of copy from the original, certification of signature and
certification of transaction contract;
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- For
the composition of dossier mentioned in this document, if there is no
regulation on submitting the original, the original or copy can be submitted
(with the original for comparison), the certified copy or the copy issued from
the original book; the composition of other dossiers specified in this document
set up the social insurance body are the originals.
4. If
the Chapters, Sections, Articles, Clauses, Points, Items and forms referred in
the document (except for the forms specified in Clause 4, Article 4 of this
document) without citation sources shall be understood as of this document.
Article
3. Dossier, time limit, authority to settle the social insurance allowance
entitlement and responsibility for preparation, submission, receipt of dossier
and return of settlement result
1. The
dossier for social insurance allowance entitlement and the time limit for
settlement of social insurance allowance entitlement must comply with the
provisions of the Law on social insurance 2014.
The Directors of provincial
social insurance bodies shall, based on the reality of their localities,
specify the time limit for settlement and payment of social insurance allowance
of the relevant operational divisions but this time limit must not exceed the
one specified in the Law on social insurance 2014.
2. Authority
to settle the social insurance allowance entitlement
2.1. District
social insurance body shall
2.1.1. Settle
the benefits of sickness, maternity, convalescence and rehabilitation of
employees of units employing them and the social insurance premium is collected
by district social insurance body.
2.1.2. Settle
the maternity benefits for the employees who take leave before the time of
birth, child recognition, child adoption and submission of dossier for social
insurance allowance entitlement at district social insurance body;
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2.2.
Provincial social insurance body
2.2.1. Settle
the benefits of sickness, maternity, convalescence and rehabilitation of
employees of units employing them and the social insurance premium is collected
by provincial social insurance body.
2.2.2. Settle
the maternity benfits for the employees who take leave before the time of
birth, child recognition, child adoption and submission of dossier for social
insurance allowance entitlement at provincial social insurance body;
2.2.3. Settle
the benefits of occupational accident or occupational disease; retirement,
one-time social insurance, survivorship, one-time benefits for people who are
receiving their monthly pension and social insurance allowance for people who
settle abroad.
The Directors
of provincial social insurance bodies shall, based on the actual conditions at
their localities, assign the authority to settle the one-time social
insurance allowance entitlement at the provincial social
insurance bodies.
3. When
rhe employees, their relatives, employers, social insurance bodies,
organizations, individuals and local governments provide, declare or prepare
dossiers, it is required to write fully, correctly, truthfully and with proper
authorization and take responsibility before law.
4. The
receipt of dossiers and return of result of settlement of procedures for social
insurance allowance entitlement, procedures for transfer and retention of
social insurance allowance settlement dossiers must comply with the current
regulations on receipt of dossiers and return of result of settlement of
administrative procedures concerning the social insurance, health insurance,
unemployment insurance and retention of social insurance dossiers.
The employees reserving the
time of social insurance premium payment, participants of voluntary social
insurance, persons waiting for age of monthly pension or benefit, persons
requesting the benefits to occupational accident or occupational disease due to
recurrent injury or disease and the relatives of the above employees can submit
dossier directly or indirectly to the social insurance bodies. When receiving
the result of settlement, they must come to receive it directly, if not, they
must have the written authorization under the Form No. 13-HSB or authorization
contract in accordance with regulation of law for their legal representatives
to receive the result.
The Directors
of provincial social insurance bodies shall, based on the reality at their localities,
organize the receipt, settlement of social insurance allowance entitlement,
dossier transfer, retention and proper payment of social insurance allowance to
ensure the persons entitled to the social insurance allowance must fully
receive their benefits conveniently and in a timely manner specified in the Law
on social insurance 2014.
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1. The
forms of dossier for social insurance allowance entitlement and
the forms attached to this document from No.01A-HSB to
No 25D-HSB are issued by Vietnam Social Insurance and
uniformly managed.
2. The
provincial social insurance body, social insurance body of Ministry of Defense,
People’s Police, district social insurance body, employers, employees and
employees’ relatives, individuals, organizations and local government should
follow such forms for implementation.
3. The form of
application, declaration or document shall be issued the social insurance
bodies free of charge or printed, photocopied, typed or handwritten with the
contents in prescribed forms by the employees and employers.
4. The
form of hospital discharge, certificate of leave entitled to to social
insurance and other papers issued the medical facilities specified in this
documents must comply with the current regulations until the Ministry of Health
issues new regulations.
Article 5. Regulation on dossier number for social insurance benefits
and social insurance book
1. The dossier number for one-time pension and social insurance benefits,
occupational accident, occupational disease, survivorship benefits is the
social insurance book number or monthly pension or social insurance allowance
book number (if not subject to being issued with social insurance book
according to regulations).
2. The
social insurance book (including the cover page and separate pages) shall be
retained at the social insurance bodies according to regulations after the
settlement of one-time retirement, survivorship or social insurance allowance
entitlement.
Article
6. Responsibility for preparation and photocopy of dossier for social insurance
allowance entitlement
1. The
Social insurance policy implementation Group and the Department of social
insurance benefits shall prepare a sufficient number of originals as stipulated
in this document for the composition of dossier under the responsibility for
preparation of the Group or Department.
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Where the composition of
dossier submitted by organizations or individuals is the copies (without
certification), the officer receiving dossier must compare the copies with the
originals and certify “ compared with the original” on the first page of the
copy, sign, specify full name, date of certification and return the originals
to the persons submitting dossiers.
Article
7. Responsility for refund and compensation in settlement of social insurance
allowance entitlement
1. The
Directors of provincial social insurance bodies specify the responsibility for
refund in case of failure to recover the setlement amount or improper payment.
In case of
wrong settlement of social insurance allowance under the authoritty of the
social insurance body resulted in payment to improper person or higher payment
than the prescribed level, the amount of wrong payment must be fully recovered;
in case of failure to recover it, the public servant or officer concerned of
the social insurance body causing mistakes in the procedures for collection,
issue of social insurance books, receipt, settlement and payment of social
insurance allowance must refund the irrevocable amount according to regulations
of the law.
2. The
Directors of provincial social insurance bodies specify the compensation
responsibility due to delayed settlement of social insurance allowance
entitlement.
In case of delayed settlement of social insurance allowance entitlement compared with the
prescribed time limit under the responsibility of social insurance body causing
damages to beneficiary’s legal rights and interests, the relevant public
servant or officer shall make compensation to the beneficiary according to the
regulations of law.
3. The
relevant bodies, organizations and individuals that commit the violation in
settlement of social insurance allowance entitlement shall be
handled in accordance with regulations of law.
Chapter
II
DOSSIER AND
PROCEDURES FOR SETTLEMENT OF SICKNESS AND MATERNITY BENEFITS AND CONVALESCENCE
AND REHABILITATION BENEFIT
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Article 8. Dossier for sickness benefits
1. Certificate
of discharge of the employees or their children are hospitalized for treatment.
Where the employees or their children are hospitalized for treatment, they must
have certificate of leave entitled to to social insurance allowance (the
original); where both mother and mother take leave for caring their children,
the certificate of leave of either of them is the copy.
2. Where
the employees or their children go abroad for their healthcare, the dossier
specified in Clause 1 of this Article is replaced by the certified Vietnamese
translation of certificate of health checkup issued by the medical facility of
the foreign country.
3. The
list under Form C70a-HD is made by the employers (the original).
Article 9. Dossier for maternity benefits
1. The dossier for maternity benefits for female employees (including female
employees as surrogate mothers) who go for prenatal checkup, are miscarried,
aborted, undergo stillbirth or pathological induced abortion and the
employees apply contraceptive method is the certificate of discharge in case of
inpatient or certificate of leave entitled to to social insurance (original) in
case of outpatient.
2. The dossier for maternity benefits for female employees who are paying
social insurance premium and give birth or for the husbands or nurturers in
case the mother or the baby died after birth or the mother have risks after
birth and is too weak to care the baby comprises of:
2.1. Certificate
of birth or extract of birth or notice of birth of baby except where the baby
is dead without issue of notice of birth;
2.2. In
addition to documents specified under Point 2.1 mentioned above, the following
additional documents are required:
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2.2.2. In
case of mother’s death: The certificate of death or extract of death of the
mother;
2.2.3. Certificate
of competent medical facility where the female employee takes leave for
pregnancy care (the form and authority to issue is as per the regulations of
the Ministry of Health);
2.2.4. Certificate
of competent medical facility where the mother after birth is not healthy for
caring the baby (the form and authority to issue is as per the regulations of
the Ministry of Health).
3. Dossier
for maternity benefits for employees adopting a child: Certificate of child
adoption.
4. Dossier
for maternity benefits where the male employee whose wife gives birth or
husband of female employee as surrogate mother as stipulated in Clause 2,
Article 34 of the Law on social insurance, comprises of:
4.1. Documents
specified under Point 2.1, Item 2.2.1, Point 2.2, Clause 2 of this Article;
4.2. Certificate
of medical facility in case of giving birth to a child under 32 weeks or
undergoing cesarean section (the form and authority to issue is as per the
regulations of the Ministry of Health).
5. Dossier
for maternity benefits for female employee as surrogate mother upon giving
birth comprises of:
5.1. Certificate
of birth of extract of birth or notice of birth of the child except where the
baby is dead without issue of notice of birth.
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5.3. In
addition to the documents specified under Point 5.1 and 5.2, the following
additional documents are required:
5.3.1. In
case of baby’s death: Certificate of death or extract of death of the baby or
the copy of medical record or certificate of discharge of female employee as
surrogate mother in case of baby’s death after birth without issue of notice of
birth;
5.3.2. In
case of death of female employee as surrogate mother: Certificate of death or
extract of death.
5.3.3. Certificate
of competent medical facility where the female employee as surrogate mother
must take leave for pregnancy care as ordered by the competent medical facility
(the form and authority to issue is as per the regulations of the Ministry of
Health).
6. Dossier
for maternity benefits for mother requesting gestational surrogacy comprises
of:
6.1. Certificate
of birth of extract of birth or notice of birth of the child except where the
baby is dead without issue of notice of birth.
6.2. Surrogacy
agreement for humanitarian purposes in accordance with the provisions in
Article 96 of the Law on marriage and family 2014; a document certifying the
time of delivering the child from the gestational carrier party and the
gestational surrogacy requesting party.
6.3. In
addition to the documents specified under Point 6.1 and 6.2, the following
additional documents are required:
6.3.1. In
case of death of baby under 06 months: Certificate of death or extract of
death;
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6.3.3. Certificate
of competent medical facility about the unhealthy condition of the mother
requesting gestational surrogacy for caring the baby (the form and authority to
issue is as per the regulations of the Ministry of Health).
7. Dossier
one-time benefit when the wife gives birth for male employee (where only the
father participates in social insurance) is specified under Point 2.1, Item 2.2.1, Point 2.2,
Clause 2 of this Article.
8. The
list under Form C70a-HD is made by the employers (the original).
9. Dossier
for maternity benefits for the employee who resigns, demobilizes before the
time of birth, child recognition, child adoption comprises of: Social insurance
book and documents specified in Clause 2 or 3 or 5 or 6 of this Article.
Article 10. Dossier for convalescence and rehabilitation benefits
The list under Form C70a-HD is made by the employers (the original).
SECTION
2. PROCEDURES FOR SETTLEMENT OF SICKNESS AND MATERNITY BENEFITS AND
CONVALESCENCE AND REHABILITATION BENEFIT
Article 11. Responsibility of employees
1. In
case of sickness benefits: The employees shall submit documents specified in
Clause 1 and 2, Article 8 to their employers where their social insurance
premium is paid.
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2.1. In
general cases: The employees shall submit the documents specified in Clause 1;
Point 2.1 and Item 2.2.3, Point 2.2 of Clause 2; Clause 3 and 4 of Article 9 to
their employers where their social insurance premium is paid.
2.2. In
case of baby’s death after birth: In addition to the documents specified under
Point 2.1 of this Clause, the additional documents specified under Item 2.2.1, Point 2.2, Clause 2; Item 5.3.1, Point 5.3 of Clause 5; Item 6.3.1, Point 6.3, Clause 6 of Article 9 to
their employers where their social insurance premium is paid.
2.3. Where
the mother died or is at risk after birth or child adoption and is not longer
healthy to care her child.
2.3.1. Where
only the mother participates in social insurance and is eligible for benefits:
The father or the direct nurturer submits the documents specified under Points 2.1; Items 2.2.2, 2.2.3 and
2.2.4 Point 2.2, Clause 2 of Article 9 or the
documents specified under Point 6.1, 6.2 and Item 6.3.2, Point 6.3.2, Point 6.3, Clause 6,
Article 9 to the employer where the mother’s social insurance premium is paid.
2.3.2. Where
both mother and father participate in social insurance and are eligible for
benefits, then the father shall:
- Submit
the documents specified under Item 2.3.1, Point 2.3 of
this Clause to the employer where the mother’s social insurance premium is paid
in case the mother participates in social insurance and is eligible for
benefits (for one-time benefit settlement upon birth and the benefit for the
time the mother is entitled when is alive or the benefit settlement for the
father if he participates in social insurance but does not resigns).
- Submit
the documents specified under Item 2.3.1, Point 2.3 of
this Clause to the employer where the father’s social insurance premium is paid
for benefits for the time of entitlement of the father after the mother’s
death.
2.3.3. Where
only the father participates in social insurance, he shall submit the documents
specified under Item 2.3.1, Point 2.3
of this Clause (except for Item 2.2.3, Point
2.2, Clause 2 of Article 9) to the employer where the father’s social
insurance premium is paid.
2.4. The
female employee as surrogate mother shall submit the documents specified under
Point 5.1 and 5.2 and Item 5.3.3, Point 5.3, Clause 5 of Article 9 to
the employer where her social insurance premium is paid.
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2.6. Female
employee as surrogate mother or her relative shall submit the documents
specified under Point 6.1 and 6.2 and Item 6.3.2, Point 6.3, Clause 6, Article
9 to the employer where her social insurance premium is paid.
2.7. The
employees taking leave before birth, child recognition, child adoption shall
submit the documents specified in Clause 9, Article 9 to the provincial or
district social insurance body where they reside and register the form of
receiving the benefit by one of the forms via the deposit account at the bank
or directly from the social insurance body or the services organization
authorized by the social insurance body.
3. Number
of dossier: 01
4. Time
limit for submission: Within 45 days after the employees go back to work.
5. The
employees who are paying social insurance premium must register with their
employers about receiving the benefit by one of the forms via the deposit
account at the bank or directly from the social insurance body or the services
organization authorized by the social insurance body.
Article 12. Responsibility of the employers
1. Instruct
the employees or their relatives to prepare their dossiers and receive them
specified in Clause 1 and 2 of Article 11.
2. Verify
and complete dossiers of each employee in accordance with the provisions in
Clause 1 and 2, Article 8; Clauses 1, 2, 3, 4, 5, 6 and 7 of Article 9.
3. Coordinate
with the grassroot Union executive committee, based on the dossiers for
entitlement to benefits of sickness, maternity, occupational accident or
occupational disease and regulations of policies, to decide on a number of
employees and days of convalescence and rehabilitation after sickness,
maternity, occupational accident or occupational disease according to
regulations; where the employment units have not established the grassroot
Union, the employers shall make their decision.
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5. Where
the employee receives the benefit through the employer, the employer shall make
payment to the employee within 03 days after receiving the money and the List
under the Form C70a-HD sent to by the social insurance body.
6. The
List under the Form C70a-HD and the List under the Form C70b-HD are retained according to the regulation.
Article 13. Responsibility of social insurance body
1.
Responsibility of district social insurance body
1.1. Dossier
receiving and managing Group
1.1.1. Instructs
the employers, employees and employees’ relatives to prepare dossiers for
settlement of sickness, maternity, convalescence and rehabilitation benefits as
specified in Section, Chapter II of this document;
1.1.2. Receives
the dossiers for settlement of sickness, maternity, convalescence and
rehabilitation benefits from employees and employees’ relatives or the
employers; transfers the dossiers to the social insurance policy implementation
Group; the time limit for implementation is within 01 day.
1.1.3. Receives
the List under the Form C70a-HD and the List under the
Form C70b-HD and all dossiers requesting the settlement of
benefits from the social insurance policy implementation Group; dossiers
of employees who take leave before birth, child recognition, child adoption;
List under the Form 01B-HSB and copy of social insurance
book from the employees who take leave before birth, child recognition, child
adoption;
1.1.4. Returns
01 List under the Form C70b-HD to the employers with the
unapproved dossiers; returns the social insurance books to the from the
employees who take leave before birth, child recognition, child adoption;
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1.1.6. While
receiving dossiers, if detecting falsifying dossiers or fraudulent dossiers,
reports to the Director for timely handling.
1.2. Social
insurance policy implementation Group
Receives dossiers from the
dossier receiving and managing Group
1.2.1. Verifies
dossiers for settlement of sickness, maternity, convalescence and
rehabilitation benefits of each employee based on the list sent to by the
employers; reviews and makes 03 Lists under the Form C70b-HD
and:
- Transfers 01
List under the Form C70b-HD to the Accounting –
Payment and Health Insurance Inspection Group for payment to the employees;
- Immediately
transfer an electronic copy of List under the Form C70b-HD
to the employment unit;
- Transfers
01 List under the Form C70b-HD and the unapproved dossiers
to the dossier receiving and managing Group for return to the employment units;
01 List under the Form C70a-HD and 01
List under the Form C70b-HD and all
approved dossiers for retention according to regulation;
- Time limit
for settlement is within 05 days.
1.2.2. Verifies
dossier for settlement of maternity benefits of the employees who take leave
before the time of birth, child recognition or child adoption as specified in
Clause 9 of Article 9 and certifies the entitlement contents in the social
insurance book; reviews and makes 02 lists of settlement of maternity benefits
for the employees who take leave before the time of birth, child recognition or
child adoption under the Form 01B-HSB; transfers 01 copy
to the Accounting – Payment and Health Insurance Inspection Group and the
employees’ dossiers for entitlement to sickness and maternity benefits
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1.2.4. Reporting
regulation: Before the 3rd date of each month, makes 02 summary
reports of settlement of sickness, maternity, convalescence and rehabilitation
benefits of the previous month under the Form No. 01A-HSB and Form
No. 01B-HSB to retain 01 copy and sends 01 copy to the provincial
social insurance body with all database of the persons whose dossiers were
settled in the previous month.
1.2.5. While
settling the dossiers, if detecting falsifying dossiers or fraudulent dossiers,
reports to the Director for timely handling.
1.3. Accounting
– Payment and Health Insurance Inspection Group
1.3.1.
Receives the List under the Form No. 70b-HD, pays the benefit of sickness,
maternity, convalescence and rehabilitation to the employees fully,
conveniently and on prescribed schedule of within 04 days after receiving the List No. 70b-HD; creates the most favorable conditions for the
employeers to actively perform the responsibility for paying benefit to the employees
fully, conveniently and on schedule stipulated in Clause 5, Article 12 of this
document.
Receives the
List under the Form No.01B-HSB and pays the benefit to the employees within 02
days after receiving the List under the Form No.01B-HSB.
1.3.2. Retaines
the List according to regulation.
1.4. Book
and card collection – issue and inspection Group shall coordinate with the
social insurance policy implementation Group and the Accounting – Payment and
Health Insurance Inspection Group to perform post-check, review and comparison
of database of social insurance premium payment, database of issue and
management of certificate of discharge, certificate of leave entitled to to
social insurance allowance and other papers at the medical facilities and the
preparation of dossier and settlement of sickness, maternity, convalescence and
rehabilitation benefits, payment and receipt of benefit of the beneficiaries.
2.
Responsibility of provincial social insurance body
2.1. The
Department receiving and returning the result of administrative procedures
shall instruct the employers, the employees and the employees’ relatives to
prepare dossiers as stipulated in Section 1, Chapter II of this document.
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The Department receiving and
returning the result of administrative procedures performs duties as stipulated
under Point 1.1, Clause 1 of this Article; the Department of social insurance
benefits performs duties as stipulated under Point 1.2, Clause 1 of this
Article; the Department of Planning – Finance performs duties as stipulated
under Point 1.3, Clause 1 of this Article;
2.3. The
Department of social insurance benefits shall verify and review the settlement
of sickness, maternity, convalescence and rehabilitation benefits of district
social insurance body and the dossier preparation and settlement of sickness,
maternity, convalescence and rehabilitation benefits of the employees and
employers under the management of provincial social insurance body; the
Inspection Department shall coordinate with the Department of social insurance
benefits, Department of Collection, Department of Planning – Finance and Department
of social insurance inspection to perform the post check, review and comparison
of database of social insurance premium payment, database of issue and
management of certificate of discharge, certificate of leave entitled to to
social insurance allowance and other papers at the medical facilities and the
preparation of dossier and settlement of sickness, maternity, convalescence and
rehabilitation benefits, payment and receipt of benefit of the beneficiaries.
2.4. Reporting
regulation: Before the 5th date of each month, the Department of
social insurance benefits receives the database of settlement of sickness,
maternity, convalescence and rehabilitation benefit from the district social
insurance body and updates in the database of the previous month of the
provincial social insurance body, summarizes and transfers it to the Department
of Information Technology for transferring to the Information technology Center – Vietnam
Social Insurance; the Department of social insurance benefits
receives the report under the Form No. 01A-HSB and 01B-HSB from the district
social insurance body and the Department to prepare the general report on
settlement of sickness, maternity, convalescence and rehabilitation benefits in
the previous month under the Form No. 02-HSB with the electronic copy sent to
the social insurance policy Implementation Committee.
3.
Responsibility of units under the management of Vietnam Social Insurance
3.1.
Information Technology Center
3.1.1. Receives
database of settlement of sickness, maternity, convalescence and rehabilitation
benefits sent by the provincial social insurance body to integrate it into the
general data of the whole sector.
3.1.2. Develops
software programs to review the sickness, maternity, convalescence and
rehabilitation benefits to be sent to the localities for implementation;
develops softwares for the social insurance bodies of localities to summarize
and issue the operational reports specified in this Chapter before the 5th
of each month. Before the 5th date, summarizes and issues the
reported indicators of the whole sector under the Forms 02-HSB,
22A-HSB, 22B-HSB for management.
3.2. The
operational units under the management of Vietnam Social
Insurance: the social insurance policy Implementation Committee shall
coordinate with the operational units to direct, instruct and inspect the
provincial social insurance body, social insurance body of Ministry of Defense,
social insurance body of People’s Police, district social insurance and
employment units concerning the settlement of sickness, maternity,
convalescence and rehabilitation benefits.
Chapter III
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SECTION 1.
DOSSIER FOR OCCUPATIONAL ACCIDENT, OCCUPATIONAL DISEASE, RETIREMENT AND
SURVIVORSHIP ALLOWANCE ENTITLEMENT
Article 14. Dossier for occupational accident benefits
1. Social
insurance book.
2. Written
request for settlement of occupational accident benefits made by the employer
under the Form No. 05-HSB (the original).
3.
Investigation record of occupational accident
4. Certificate
of discharge after stable treatment of injury of occupational accident in case
of inpatient treatment or papers of initial examination and treatment in case
of outpatient treatment.
5. Examination
record of reduced work capacity of the medical examination Council (the original).
6. In
case of traffic accident which is determined as occupational accident, the
additional papers are required:
6.1. Record
of scene examination and traffic accident scene diagram.
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Article 15. Dossier for occupational disease benefits
1. Social
insurance book.
2. Written request
for settlement of occupational accident benefits made by the employer under the
Form No. 05-HSB (the original).
3. Record
of environmental measurement with hazardous factors or the result of
measurement and testing of working environment within the prescribed time limit
made by the competent authority; where the record or result of measurement and
testing is determined for many persons, the dossier of each employee with the
extract from the record or result of measurement and testing. For the employee
who is infected with HIV due to occupational accident and is entitled to the
occupational disease benefits, there must be the record of occupational
accident under the Form specified in Decision No. 120/2008/QD-TTg dated 29/8/2008 by the Prime Minister.
4. Certificate
of discharge in case of inpatient treatment after stable treatment of
occupational disease. In case of no inpatient treatment, there must be the
occupational disease examination certificate or occupational disease
consultation certificate. For the HIV infected employee due to occupational
accident and is entitled to the occupational disease benefits, there must be
certificate of HIV infection due to occupational accident under the Form
specified in Decision No. 120/2008/QD-TTg dated 29/8/2008 by the Prime Minister.
5. Examination
record of reduced work capacity of the medical examination Council (the original).
Article 16. Dossier for recurrent occupational disease or occupational
accident benefits
1. Dossier
of occupational accident or recurrent occupational disease
benefits which were paid under the management of social insurance body.
2. Certificate
of discharge after stable treatment of recurrent injury or disease in case of
inpatient treatment. In case of no inpatient treatment, there must be the
papers of examinationa and treatment of injury and recurrent disease.
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Article 17. Dossier for occupational accident or occupational disease
benefits of the employee with general examination of reduced work capacity
1. Dossier
of occupational accident or occupational disease benefits which
were paid under the management of social insurance body.
2. Dossier
of occupational accident or occupational disease of the time of
occupational accident or occupational disease without examination as stipulated
in Clauses 1, 2, 3, 4, 6 of Article 14
or Clauses 1, 2, 3, 4 of Article 15.
3. Examination
record of reduced work capacity of the medical examination Council (the original).
Article 18. Dossier for money allocation to buy assistive tools for
daily activity and orthopedic devices
1. Dossier
for occupational accident or recurrent occupational disease
benefits under the management of social insurance body.
2. Prescription
of the rehabilitation and orthopedics facility under the sector fo Labor –
Invalids and Social Affairs or provincial-level hospital or equivalent level or
higher in line with the condition of injury or disease due to occupational
accident or occupational disease. In case of prescription of artificial eye
fitting, there must be certificate of artificial eye fitting (the original).
3. Transport
ticket (the original) in case of payment of fare.
Article 19. Dossier for monthly pension and benefits of communal
officials
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1.1. Social
insurance book;
1.2. Decision
on resignation entitled to the retirement benefits (the original) under the
Form attached to Decree No. 46/2010/ND-CP dated
27/4/2010 of the Government or Decision on resignation entitled to the
retirement benefits under the Form 12-HSB (the original);
1.3.
Examination record of reduced work capacity of the medical examination Council
(the original) or Certificate of severe disability (equivalent to the reduced work capacity from 61%-81% or more) or or Certificate of particularly severe
disability (equivalent to the reduced work capacity
from 81% or more) as stipulated in Circular No.
37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT for the retired persons due to reduced work
capacity.
1.4. Certificate
of HIV infection due to occupational accident of the competent body for the
persons retired due to HIV infection due to occupational accident.
2. For
the participants of voluntary social insurance, the persons reserving the time
of participating in social insurance (including the persons who are serving
prison term, persons who illegally go abroad and return to legally settle down
and the persons whose missing declaration is cancelled by the Court).
2.1. Social
insurance book;
2.2.
Application under the Form No. 14-HSB (the original);
2.3.
Examination record of reduced work capacity of the medical examination Council
(the original) or Certificate of severe disability (equivalent to the reduced work capacity from 61%-81% or more) or Certificate of particularly severe
disability (equivalent to the reduced work capacity
from 81% or more) as stipulated in Circular No.
37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT for the retired persons due to reduced work
capacity.
2.4. Written
authorization under the Form No. 13-HSB (the original) for the
persons who are serving the prison term and the time to begin serving the
prison term from 01.01.2016 onwards; certificate of completion of prison term
or certificate of special reprieve ahead of time or decision on remission of
sentence or temporary reprieve for the person who started their sentence during
the time from 01/01/1995 to 31/12/2015;
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2.6. Decision
with legal effec of the Court on cancellation of declared missing for the
return of missing person.
3. For the
persons having the decision or certificate are waiting for age condition to
receive the pension or waiting for the monthly benefit according to Decree No.
09/1998/ND-CP
3.1. Social
Insurance book;
3.2. Decision
or certificate for age condition to receive the pension or waiting for the
monthly benefit according to Decree No. 09/1998/ND-CP (the original);
3.3.
Examination record of reduced work capacity of the medical examination Council
(the original) or Certificate of severe disability (equivalent to the reduced work capacity from 61%-81% or more) or Certificate of particularly severe
disability (equivalent to the reduced work capacity
from 81% or more) as stipulated in Circular No.
37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT for the retired persons due to reduced work
capacity.
3.4. Written
authorization under the Form No. 13-HSB (the original) for the
persons who are serving the prison term and the time to begin serving the
prison term from 01.01.2016 onwards; certificate of completion of prison term
or certificate of special reprieve ahead of time or decision on remission of
sentence or temporary reprieve for the person who started their sentence during
the time from 01/01/1995 to 31/12/2015;
Article 20. Dossier for one-time social insurance allowance entitlement
1. Social
insurance book.
2. Application
under the Form No. 14-HSB (the original).
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3.1. Certificate
from competent body relating to the renunciation of Vietnamese nationality;
3.2. The
certified or notarized Vietnamese translation of one of the following papers:
3.2.1. Passport
issued by foreign country;
3.2.2. Visa
issued by the foreign body with certification of entry on the grounds of
settlement abroad.
3.2.3. Papers
certifying the procedures for naturalization; certification papers or permanent
resident card or with definite time from 05 years or more issued by the foreign
competent body.
4. Extract
of medical record which show that the employee is suffering from one of the
life-threatening diseases such as cancer, paralysis, liver cirrhosis, leprosy,
tuberculosis, HIV infection progressed to AIDS and other diseases as prescribed
by the Ministry of Health.
Article
21. Dossier for one-time benefits for persons who are receiving the monthly
pension or social insurance allowance and settle abroad
1. Application
under the Form No. 14-HSB (the original).
2. Documents
specified in Clause 3 of Article 20.
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Article 22. Dossier for survivorship allowance entitlement
1. Social
insurance book of the person who is paying the social insurance premium, the
person reserving the time of payment of social insurance premium and the person
who is waiting for the age condition to receive the monthly pension or social
insurance allowance but died or dossiers for monthly pension or social
insurance allowance are managed by the social insurance body for the persons
who are receiving the monthly pension or social insurance allowance but died.
2. Certificate
of death or notice of death or extract of death or decision declaring dead by
the Court with legal effect.
3. Declaration
of relative under the Form No. 09A-HSB (the original).
4. Minutes
of meeting of the relatives in case of eligibility for monthly survivorship
allowance but they choose to receive the one-time survivorship allowance under
the Form No. 16-HSB (the original); where
there is one relative or many relatives eligible for monthly
survivorship allowance but there is only one legal representative and choose to
receive the one-time survivorship allowance, the relative who chooses to
receive the one-time survivorship allowance or the legal representative of
relative shall take responsibility for this choice without need of this
minutes.
5.
Investigation record of occupational accident in case of death due to occupational
accident (where the traffic accident is determined as the occupational
accident, there must be the papers specified in Clause 6 of Article 14); or
medical records of treatment of occupational disease in case od death due to
occupational disease.
6. Examination
record of reduced work capacity of the medical examination Council for the relative
undergoing the reduced work capacity from 81% or more (the original) or
Certificate of particularly severe disability (equivalent to the reduced work capacity from 81% or more) as stipulated in Circular No.
37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT in case of receiving the monthly
survivorship allowance.
Article 23. Dossier for
continued entitlement to monthly pension or social insurance allowance for
persons who have completed their prison sentence, persons who illegally go
abroad and return to legally settle down and the persons whose missing
declaration is cancelled by the Court
1. Application
under the Form No. 14-HSB (the original).
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3. Document
from the competent state authorities on the return to the country to legally
settle down in case of going abroad illegally.
4. Decision
with legal effec of the Court on cancellation of declared missing for the
return of missing person.
5. The
dossiers for monthly pension or social insurance allowance entitlement are
managed by the social insurance body.
Article
24. Dossier for relocation of monthly pension or social insurance allowance
entitlement; relocation of dossier management pending the monthly pension or
social insurance allowance entitlement for communal officials from one province
to another province
1. Dossier
for relocation of monthly pension or social insurance allowance entitlement.
1.1. Application
under the Form No. 14-HSB (the original); the persons who are
receiving the monthly pension or social insurance allowance with
regional allowance but relocate to a new place of payment with regional
allowance must have the permanent residence at the new residence. In case of no
consistence about the last name, first name, middle name, date of birth between
ID card/Passport and the dossier for social insurance allowance entitlement, it
is necessary to specify this in the application enclosed with the ID
card/Passport.
1.2. The
dossiers of being entitled to the monthly pension or social insurance allowance
are managed by the social insurance body and the Slip modifying the monthly
pension or social insurance allowance for each type of benefit is under the
Forms No. 24A-HSB, 24B-HSB, 24C-HSB, 24D-HSB, 24E-HSB, 24G-HSB, 24H-HSB,
24K-HSB, 24M-HSB, 24N-HSB.
1.3. Letter
of introduction for payment of pension or social insurance allowance is under
the Form No. C77-HD attached to the list of documents
under the Form No. 17-HSB.
2. Dossier
for relocation of dossier management place pending the monthly pension or
benefits for communal officials.
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2.2. Dossiers
pending the monthly pension or benefits for communal officials are managed by
the social insurance body.
2.3. Letter
of introduction under the Form No. 15B-HSB.
Article 25. Dossier for modification of personal information for
persons who are receiving the monthly pension or benefit; modification,
decision cancellation and termination of social insurance allowance entitlement
1. Dossier for
modification of personal information for persons who are receiving the monthly
pension or benefit
1.1.
Application under the Form No. 14-HSB (the original);
1.2.
Certificate of birth or extract of birth or extract of change, correction or
addition of civil status or ethnicity re-definition;
1.3. Dossiers
for monthly pension or social insurance allowance are managed by the social
insurance body.
2. Dossier
for modification or cancellation of decision on social insurance allowance
entitlement or decision on termination of social insurance allowance
entitlement.
2.1.
Application under the Form No. 14-HSB (the original) where the employee
requests the modification;
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2.3. Dossiers
for social insurance allowance entitlement are managed by the social insurance
body.
SECTION 2. PROCEDURES FOR SETTLEMENT OF OCCUPATIONAL ACCIDENT,
OCCUPATIONAL DISEASE, PENSION, SURVIVORSHIP ALLOWANCE
Article
26. Responsibility of the employees and their relatives
1. For the
persons entitled to occupational accident or occupational disease benefits:
1.1. The
employee who undergoes the initial occupational accident or
occupational disease with general examination submits the documents specified
in Clause 1, 4 and 6, Article 14 for occupational accident benefits or
documents specified in Clause 1 and 4 of Article 15 for occupational disease
benefits; in case of initial occupational accident or occupational disease
suffering or upon general examination with the result of examination from the medical examination Council,
there must be the examination record of reduced
work capacity; if subject to the person who is provided with money to buy the
assistive tools for daily activity and orthopedic devices, there must be
additional documents specified in Clause 2 and 3 of Article 18.
1.2. The
employee is injured or sick due to recurrent occupational disease
or occupational accident: submits the documents specified in Clause 2 and 3 of
Article 16 to the district or provincial social insurance body where the
benefit is paid; if subject to the person who is provided with money to buy the
assistive tools for daily activity and orthopedic devices, there must be
additional documents specified in Clause 2 and 3 of Article 18.
2. For the
persons entitled to the monthly retirement benefits or benefit for communal
officials
2.1. Persons
who are paying the compulsory social insurance premium
2.1.1. Provide
the employers with information about address of the place paying pension: House
number, alley, street, group (hamlet, village), commune (ward, townlet),
district (town, city, district), province or city; initial place of health
examination and treatment; information about personal account in case of
receiving pension via card account: Name of account holder, account number,
name of bank opening the account and name of bank branch;
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2.2. The
participants of voluntary social insurance, the persons reserving the time of
payment of compulsory social insurance premium, the persons waiting for age
condition to receive the pension or waiting for monthly benefit according to
Decree No. 09/1998/ND-CP
shall submit their dossiers as stipulated in Clause 2 and 3, Article 19 to the
district or provincial social insurance body at their residence for monthly
pension or benefits and submit their dossiers as stipulated in Article 20 to
district or provincial social insurance body of their residence (where the
provincial social insurance body is decentralized to settle the one-time social
insurance allowance) for one-time social insurance allowance entitlement.
2.3. For
the persons beginning serving their prison term from 01/01/2016 onwards, when
they meet the conditions for monthly pension and social insurance allowance,
their authorized persons shall submit dossiers as stipulated in Clause 2 and 3
of Article 19 to the district or provincial social insurance body at their
residence before serving their prison term.
2.4. The
persons who are receiving their monthly pension or social insurance allowance
and shall go abroad to settle down and wish to receive the one-time benefit
shall submit dossier as stipulated in Clause 1 and 2 of Article 21 to the
district or provincial social insurance body which is paying the monthly
pension or social insurance allowance.
3. For
the persons who continue receiving their monthly pension or social insurance
allowance after having completed their prison term in case of beginning serving
their prison term during the period of time from 01/01/1995 to the end
31/12/2015 or illegally go abroad and return to legally settle down and the persons
whose missing declaration is cancelled by the Court shall submit their dossiers
as stipulated in Clause 1, 2, 3 and 4, Article 23 to the district or provincial
social insurance body which is paying the monthly pension or social insurance
allowance before being imprisoned, illegally going abroad or missing.
4. For
relatives entitled to survivorship allowance
4.1. Where
the employee is paying the compulsory social insurance premium but died: his relatives
shall submit the social insurance book as stipulated in Clause 2, 3 and 6 of
Article 22, the medical records for initial treatment of occupational disease
as stipulated in Clause 5 of Article 22 ( in case of death due to occupational
disease) to the employer of the unit where the employee works before death;
where the relative is eligible for the monthly survivorship allowance
entitlement but chooses to receive the one-time survivorship allowance, he/she
shall submit additional documents as stipulated in Clause 4 of Article 22.
4.2. Where
the employee died while reserving the time of payment of compulsory social
insurance premium or is waiting for age condition to receive the monthly
retirement benefits or benefit for communal officials or participate in the
voluntary social insurance: his relative shall submit dossier, including:
social insurance book (except for case where the person is waiting for age
condition to receive the monthly pension or benefit) and dossier specified in
Clause 2, 3 and 6 of Article 22 to the district or provincial social insurance
body where the person makes the residence Declaration; where his relative is
eligible for receiving the monthly survivorship allowance but chooses to
receive the one-time survivorship allowance, he shall submit additional
documents specified in Clause 4 of Article 22.
4.3. Where
the employee is receiving the monthly pension or social insurance allowance but
died: his relative shall submit dossier as stipulated in Clause 2, 3 and 6 of
Article 22 to the district or provincial social insurance body which is paying
the monthly pension or social insurance allowance before the employee died;
where his relative is eligible for receiving the monthly survivorship allowance
but chooses to receive the one-time survivorship allowance, he shall submit
additional documents specified in Clause 4 of Article 22.
5. Person
who request the modification of information about his relative or modification
or re-settlement of pension or social insurance allowance:
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5.2. Person
who is receiving the monthly pension or social insurance allowance settled by
the social insurance body of the Ministry of Defense or the People’s Police
requests the modification of social insurance allowance: submits dossiers
specified under Point 2.1 and 2.2, Clause 2, Article 25 with the social
insurance book (if the employee keeps the social insurance book) to the social
insurance body which carried out the settlement.
6. Receiving
the dossier settled for social insurance allowance: The employees or their
relatives specified in Clauses 1, 2 , 3, 4 and 5 of this Article shall receive
the settled dossiers as stipulated under Item 1.4.2, Point 1.4, Clause 1,
Article 28 and Item 1.2.1, Point 1.2, Clause 1 of Article 29 according to the
Receipt of dossier and result return.
7. Relocating
person entitled to monthly pension or social insurance allowance
7.1. For
person who begins receiving the monthly pension or social insurance allowance
at the s residence settled by the social insurance body of another province:
receives the monthly pension or social insurance allowance and the health
insurance card (if subject to participating in health insurance) according to
the time and location specified in the Notice (Form No. 18C-HSB);
returns the health insurance card which has been issued before.
For the person who begins
receiving the monthly pension or social insurance allowance settled by the
social insurance body of the Ministry of Defense or the People’s Police and
relocates and receives it at the new residence shall receive the sealed dossier
from the employer (where the employer hands over the dossier directly to the
employee) to submit it to the provincial social insurance body of the residence
to receive the monthly pension or social insurance allowance.
7.2. For the
person who is receiving the monthly pension or social insurance
allowance relocates and receives it at his new residence in another province:
prepares dossier as specified under Point 1.1, Clause 1, Article 24, submits or
sends it by post to the district or provincial social insurance body which is
paying the monthly pension or social insurance allowance; comes to receive the
monthly pension or social insurance allowance and the health insurance card (if
subject to participating in health insurance) according to the time and
location specified in the Notice (Form No. 18C-HSB);
returns the health insurance card which has been issued before.
8. For
the person who is waiting for the age condition to receive the monthly
pension or social insurance allowance for communal officials transferring
dossier to the new residence in another province: prepares dossiers as
specified under Point 2.1, Clause 2 of Article 24 and submit it to the
provincial social insurance body which is managing dossier pending the age
condition for receiving monthly pension or social insurance allowance; receives
notice of receipt of relocation dossier (Form No. 18B-HSB).
9. Number
of dossier: 01 copy for each type of paper.
10. Time
limit for submission:
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10.2. Wihin
90 days after the person reserves the time of payment of social
insurance premium, participant of voluntary social insurance or person is
receiving the monthly pension, occupational accident or occupational disease
benefit but died, his relative shall submit the prescribed dossier to the
district or provincial social insurance body where the monthly social insurance
allowance are paid or where the employee is residing.
10.3. Within
90 days from the date the employee is paying the compulsory social insurance
premium but died, his relative shall submit the prescribed dossier to his
employer.
Article 27. Responsibility of the employers
1. Instruct
the employees their relatives to prepare dossier specified in Section 1,
Chapter III of this document; verify and compare the personal factors between
the dossier for participation in social insurance and certificate of birth, ID
card, family booklet….of the employees to ensure the consistency of dossier before
submission to the social insurance body; introduce the employees who are paying
the social insurance premium to the medical examination Council to examine the
reduced work capacity as a basis for receiving the retirement benefits or
occupational accident or occupational disease benefit (including the case where
the employee has resigned but during the time, he suffered from occupational
disease or had occupational accident) except for the case of examination of recurrent occupational disease or occupational accident.
2. Receive
dossiers from the employees for completion as specified in Article 14 or 15 or
17 or 18 or Clause 1 of Article 19 or 22 and send them to the social insurance
body where the employers are paying the social insurance premium; where the
employers issue the Decision on resignation for retirement benefits under the
Form issued with Decree No. 46/2010/ND-CP
of the Government and do not provide information to show the receipt of pension
through the deposit account at the bank and address of initial registration for
health checkup with health insurance, the social insurance body shall pay the
pension through the service organization authorized by the social insurance
body and determine the address of initial registration for health checkup with
health insurance; receive the additional documents to request the modification
of entitlement or re-settle the social insurance allowance of the employees of
the employers’ units in order to coordinate with the social insurance body to
review and settle according to regulations.
3. Number
of dossier: 01
4. Time
limit for submission:
4.1. Within 30
days to the time the employees receive their pension, the employers must submit
dossier to the social insurance body where the social insurance premium is
paid.
4.2. Within 30
days after fully receiving dossier from the employees’ relatives, the employers
shall submit the dossier for survivorship allowance entitlement to the social
insurance body where the social insurance premium is paid.
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Article 28. Responsibility of district social insurance body
1. Dossier
receiving and managing Group
1.1. Instructs
the dossier preparation as specified in Section 1, Chapter III of this document
to the employees or their relatives and the employers subject to submission of
dossier to the district social insurance body specified in Article 26 and 27.
1.2. Receives
the dossiers of occupational accident or occupational disease; dossiers of retirement
and survivorship from the employers (where the employees are participating in
social insurance) which the district social insurance body manages the
collection; receive dossiers according to regulation from the employees or
their relatives; verifies or compares dossiers to ensure the legality and
completion of composition; if the dossier are not proper, writes the Slip of
dossier completion instruction and returns the dossiers to the submitting
persons for prescribed completion.
When receiving dossiers for
settlement of survivorship allowance, if detecting the declared contents of the
relatives are not clear or do not ensure the grounds for settlement or when the
provincial social insurance body requires the verification, the district
social insurance body shall coordinate with the local government and relevant
organizations and individuals for verification (Form No.09B-HSB) within
03 working days from the date of receiving the dossier and addition of
verification result to the survivorship dossier to be sent to the provincial
social insurance body for review and settlement.
While receiving dossiers, if
detecting falsifying dossiers or fraudulent dossiers, reports to the Director
for timely handling.
1.3. For
the dossiers under the settlement authority of district social insurance body,
the district social insurance body shall transfers such
dossiers to the social insurance policy implementation Group or the book and
card collection – issue and inspection Group if the dossiers are related to the
modification of information in the social insurance book or transfers them to
the provincial social insurance body if the dossiers for social insurance
allowance entitlement are not under the settlement authority of district social
insurance body
1.4. Receives
the dossiers for social insurance allowance entitlement which have been settled
from the social insurance policy implementation Group or the book and card
collection – issue and inspection Group or from the provincial social insurance
body and:
1.4.1. Manage
and retain 01 dossier for one-time social insurance allowance entitlemen as
follows: Dossier specified in Article 20 and Decision on one-time social
insurance allowance entitlement with the payment Process of social insurance
premium and Decision on modification of one-time social insurance (if any) or
Decision on cancellation of Decision on one-time social insurance allowance
entitlement (if any) with the copy or replica of parpers as the grounds for
modification or cancellation;
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1.4.3. Returns
the dossier settled by the provincial social insurance body with the dossier
composition specified under Item 1.2.1, Point 1.2, Clause 1 of Article 29.
2. Social
insurance policy implementation Group
Receives the dossiers for
one-time social insurance allowance entitlement from the dossier receiving and
managing Group or the book and card collection – issue and inspection Group in
order to:
2.1. Verifies
and compares the dossier relating to the number, legality, consistency,
completeness and properness; if the dossier is improper, gives specific
instructions and sends it back to the dossier receiving and managing Group to
return it to the submitting person for completion of dossier according to
regulations (attached to the Slip of dossier completion instruction).
2.2. Carries
out the settlement of one-time social insurance allowance entitlement as follows:
Prepares the process of payment of social insurance premium under the Form No.
04-HSB and reviews the one-time social insurance allowance; submits it to the
Director to issue decision on one-time social insurance allowance entitlement
under the Form No. 07B-HSB; makes certification in the social insurance book
under the regulations on content of one-time social insurance allowance
entitlement.
When carrying out the
settlement of one-time social insurance allowance entitlement, the district
social insurance body must verify and compare the personal factors, social
insurance book number and data of process of payment of social insurance
premium of the employees to ensure no identical entitlement settlement.
While settling dossiers, if
detecting falsifying dossiers or fraudulent dossiers, reports to the Director
for timely handling.
2.3. Transfers
the dossier for one-time social insurance allowance entitlement as specified
under Point 1.4, Clause 1 of this Article to the dossier receiving and managing
Group; in case the person who receives the one-time social insurance allowance
and has the time of payment of unemployment insurance but not yet received the
unemployment insurance benefits, his dossier shall be transferred to the book
and card collection – issue and inspection Group.
2.4. Makes
a list of settlement of one-time social insurance allowance entitlement (under
the Form No. 19G-HSB) and transfers it to the Accounting –
Payment and Health Insurance Inspection Group.
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2.5.1.
Modifies in line with general regulation the one-time social insurance
allowance entitlement for the dossiers which the district social insurance body
has settled.
2.5.2. Specific
modification in cases settled by district social insurance body: Based on the
documents specified in Article 25 or the modified social insurance book to
issue the modification Decision (Form No. 06A-HSB); in case of
improper settlement or the added documents ensure sufficient legal grounds to
cancel the settlement decision, the district social insurance body shall issue
decision on cancellation of decision on social insurance allowance entitlement
(Form No. 06B-HSB); in case of improper settlement which must be corrected or
cancelled, there must be a report from the operational division specifying the
improper content and which operational phasewith the approval of the leader of
district social insurance body and must be retained with the cancelled dossier
after settlement (not consider the cancellation of dossier of one-time
social insurance allowance entitlement in case the employee has received the
benefit with settlement in line with regulation on dossier, procedure and
authority except with the conclusions of the competent authority).
The authority and procedures
for modification of information in the social insurance book must comply with
the current regulations on management of social insurance book.
2.6. Transfers
the database of settlement of entitlement, modification or cancellation of
decision on one-time social insurance allowance entitlement to the provincial
social insurance body according to regulation. Before the 3rd date
of each month, makes 02 Lists of settlement of modification or cancellation of
social insurance allowance (Form 23A-HSB) and 02 Lists of
one-time social insurance allowance entitlement of the previous month (Form No. 19G-HSB) for retaining 01 List and sends 01 List to the
provincial social insurance body.
3. Book
and card collection – issue and inspection Group
3.1. Receives
dossier for modification pertaining to the information in the social insurance
book for modification and transfer of dossier to the social insurance policy
implementation Group;
3.2. Receives
dossiers for one-time social insurance allowance entitlement of the person
having the time of payment of unemployment insurance but not yet received its
benefits in order to re-issue the social insurance book and transfers it to the
dossier receiving and managing Group.
4. The time
limit for settlement and payment of one-time social insurance allowance: Within
10 days after fully receiving the prescribed dossier. In case of no settlement,
replies in writing and specifies the reason.
Article 29. Responsibility of provincial social insurance body
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1.1. Instructs
the employers, employees and employees’ relatives to prepare dossier as
specified in Section 1, Chapter III of this document; receives dossiers for
settlement of social insurance allowance entitlement from the employers,
employees and employees’ relatives under the settlement authority of provincial social insurance body according to regulation; verifies and
compares dossiers about the number and legality and transfers to the Department
of social insurance benefits if the dossier is valid or returns the dossier
with the Slip of dossier completion instruction to the submitting person for
prescribed completion if the dossier is invalid.
While receiving dossiers, if
detecting falsifying dossiers or fraudulent dossiers, reports to the Director
for timely handling.
1.2. Gives
notice under the Form No. 18C-HSB to the employees and their
relatives of the receipt of monthly pension or social insurance allowance
(except for the case of entitlement at the new residence in another province);
manages, retains and returns dossiers for social insurance allowance
entitlement to the employers, employees and employees’ relatives:
Receives the dossiers
for social insurance allowance entitlement transferred to by the Department
of social insurance benefits, including: 02 set dossiers in case of one-time
social insurance allowance entitlement for retaining 01 set and returning 01
set to the employees or their relatives; 03 sets of dossier in case of monthly
social insurance allowance entitlement for the provincial social insurance body
to retain 01 set, returns 01 set to the employees or their relatives and
transfers 01 set to the Vietnam Social Insurance; where the employer requests
and registers to receive dossier for employees’ pension, returns 01 set of
dossier, including: Decision on benefits and the Process of payment of social
insurance premium to be handed over to the employers.
Returns the dossier for
social insurance entitlement to the employers, employees and employees’
relatives for each benefit as follows:
1.2.1. Dossier
managed by the employees and their relatives:
a) Dossier
for occupational accident or occupational disease benefits comprises of:
- Social
insurance book;
- Decision on occupational
accident or occupational disease benefits, decision on modification of
occupational accident or occupational disease benefits (if any); decision on
money allocation to buy the assistive tools for daily activity
and orthopedic devices (if any); decision on suspension or continued
entitlement to monthly occupational accident or occupational disease
benefit (if any); decision cancelling the entitlement decision (if any);
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- Notice of
receipt of monthly benefit to the persons who receive the monthly
occupational accident or occupational disease benefit (Form No.
18C-HSB).
b) Dossier
for monthly pension or benefit for communal official comprises of:
- Decision on
monthly retirement benefit or benefits for communal officials; decision on
modification of monthly retirement benefits or benefit (if any); decision on
suspension or continued entitlement to monthly retirement benefits or benefit
(if any); decision cancelling the decision on monthly
retirement benefits or benefits (if any);
- Process of
payment of social insurance premium;
- Notice of
receipt of monthly pension or benefits (Form No. 18C-HSB) except for the case of entitlement in another province.
c) Dossier
for one-time social insurance: As specified under Item 1.4.2, Point 1.4, Clause
1 of Article 28.
d) Dossier
for survivor benefits comprises of:
- Decision on
funeral allowance entitlement for the relatives (including death benefits due
to occupational accident or occupational disease and one-time regional
benefits); decision on monthly survivorship allowance entitlement; decision on
one-time survivorship allowance entitlement; decision on modification of
one-time survivorship allowance (if any); decision on suspension or continued
entitlement to monthly survivorship allowance (if any); decision on cancelling
the decision on monthly survivorship allowance ( if any);
- Process of
payment of social insurance premium;
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e) Decision
on one-time benefits in case the person is receiving the monthly pension or
social insurance allowance and go abroad for settlement.
g) Where
the employment unit requests and registers to receive dossier for employees’
pension, the employer shall receive the decision on retirement benefits and the
process of payment of social insurance premium of the employees.
1.2.2. Dossier
of managed and retained by provincial social insurance body: In addition to the
documents for each type of benefit as specified under Item 1.2.1, Point 1.2 of
this Clause, the additional documents are required:
a) Dossier for
occupational accident or occupational disease benefits: Documents specified in
Article 14, 15, 16 and 17 (excluding the social insurance book) and Clause 2
and 3 of Article 18;
b) Dossier for
monthly pension and benefits for communal officials: Documents specified in
Article 19;
c) Dossier for
one-time social insurance allowance entitlement: Documents specified in Article
20;
d) Dossier
for survivorship allowance entitlement: Documents specified in Article 22
(dossier with social insurance book must include it; dossier for monthly
survivorship allowance includes the decision on funeral allowance entitlement)
and the verification result of relative entitled to the survivorship allowance
under the Form No. 09B-HSB (if any); in case of many
relatives who receive the monthly survivorship allowance, only a copy of each
paper in the dossier is retained;
dd) Dossier for one-time
benefits (where the person who is receiving his monthly pension or social
insurance allowance go abroad for settlement): Documents specified in Clause 1
and 2 of Article 21;
e) In
case of specific modification, cancellation of entitlement decision according
to the provisions under Item 2.4.2, Point 2.4,
Clause 2 of this Article, in addition to the types of
documents mentioned above, there should be additional copy or replica of papers
or documents as a basis for modification or cancellation of entitlement
decision specified in Article 25.
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In case of having received
the one-time occupational accident or occupational disease benefits but due to recurrent injury or disease or additional occupational accident
or occupational disease and the one-month benefits are modified, the provincial
social insurance body shall make copy of dossier for one-time occupational
accident or occupational disease benefits to be retained at the Vietnam Social
Insurance.
1.2.4. Dossier
managed by employer:
a) Dossier
for occupational accident or occupational disease benefits: Decision on
occupational accident or occupational disease benefits; decision on cancelling
the entitlement decision (if any); process of payment of social insurance
premium;
b) Dossier
for monthly pension entitlement ( in case of request): Decision on monthly
retirement benefits; decision on modification of monthly retirement benefits
(if any); decision on cancelling the decision on monthly retirement benefits
(if any); process of payment of social insurance premium;
1.3. Prepares
dossier of relocation for social insurance allowance, dossier pending social
insurance allowance transferred to the social insurance body of another
province in accordance with the provisions in Article 30.
1.4. Before
the 10th date of each month, 01 set of dossier for the monthly
pension or social insurance allowance settled in the previous month shall be
sent to the Archives Center as specified under Item 1.2.3,
Point 1.2, Clause 1 of this Article and the list of
settlement of each benefit (Form No. 19A-HSB, Form No. 19C-HSB, Form No. 19E-HSB, Form No. 19H-HSB) and the list of modification or cancellation of
decision on monthly pension or social insurance allowance (Form No. 23B-HSB).
1.5. Carries
out the retention and use of dossier according to regulations.
2. Department
of social insurance benefits
Receives dossiers under its
settlement authority from the Department receiving and returning the result of
administrative procedures, Department issuing social insurance
books and cards of other districts and provinces and:
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When reviewing dossier for
survivorship allowance, if detecting the relative’s declaration content is not
clear or insufficient grounds for settlement, coordinates with the local
government or relevant organizations or individuals or assigns the district
social insurance body to carry out the verification (Form No. 09B-HSB) within
03 working days after receiving dossier and adds the verification result into
the survivorship dossier for review and settlement.
2.2. Settlement
of social insurance allowance entitlement
2.2.1.
Occupational accident or occupational disease benefits:
- Prepares the
process of payment of social insurance premium under the Form No. 04-HSB and reviews
the occupational accident or occupational disease benefits;
- Submits it
to the Director to issue the decision on the monthly or one-time occupational
accident benefits under the Form No.03A-HSB or Form No.03B-HSB, decision on the
monthly or one-time occupational disease benefits under the Form No.03C-HSB or
Form No.03D-HSB, decision on modification of occupational accident or
occupational disease benefits due to recurrent injury or disease or from the
general examination under the Forms No. 03E-HSB, 03G-HSB, 03H-HSB, 03K-HSB,
03M-HSB, 03N-HSB and 06A-HSB, decision on money allocation to buy the assistive tools for daily activity and orthopedic devices under the
Form No. 03P-HSB;
Issues 01
additional decision on occupational accident or occupational disease benefits
and the process of payment of social insurance premium to be delivered to the
employer for management.
2.2.2.
Retirement benefits:
- For
receiving the monthly pension and benefits for communal officials:
+ Prepares the
process of payment of social insurance premium under the Form No. 04-HSB and
reviews the monthly retirement benefits and monthly allowance for communal
officials;
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Where the employer requests
to receive the employee’s dossier for pension entitlement, makes additional
decision on monthly retirement benefits and the process of payment of social
insurance premium.
- For one-time
social insurance allowance entitlement: complies with the provisions under
Point 2.2, Clause 2 of Article 28;
- One-time
allowance for persons who are receiving the monthly pension or allowance and go
abroad for settlement: Based on the dossier for monthly pension or social
insurance allowance and employee’s application, reviews and submits it to the
Director for issuing decision on one-time allowance entitlement under the Form
No. 07D-HSB.
2.2.3. Survivorship
benefits:
- Prepares
the process of payment of social insurance premium under the Form No. 04-HSB and reviews the survivorship allowance for the persons who are
paying or reserving the time of payment of social insurance premium;
- Submits it
to the Director for issuing decision on funeral allowance under the Form
No. 08A-HSB or 08B-HSB, decision on monthly
survivorship allowance for each relative eligible for entitlement residing in
provincial areas under the Form No. 08C-HSB or decision on one-time
survivorship benefits under the Form No. 08D-HSB, Form No. 08E-HSB or decision
on modification of one-time survivorship benefits under the Form No. 06A-HSB;
- Where
the relatives entitled to the monthly allowance do not reside in the same
province:
+ The
provincial social insurance body which receives the initial dossier for
settlement of one-time funeral allowance, regional allowance (if any), death
allowance due to occupational accident or occupational disease (if any) and
monthly survivorship allowance for the relatives residing in the area (if any);
within 02 working days after issuing the decision on survivorship benefits,
prepares the procedures for transfer of dossier for the remaining relatives to
the provincial social insurance body where the relatives are residing for
review and settlement of monthly survivorship allowance if they meet the
prescribed conditions. The dossier comprises of: Replica of settled dossier for
survivorship allowance with certification of the provincial social insurance body,
letter of introduction (Form No. 15A-HSB). Where the relatives are receiving
the monthly survivorship allowance while receiving the funeral allowance,
transfer the dossier to the provincial social insurance body where those
relatives are receiving the monthly survivorship allowance to pay the
survivorship allowance; in addition to the above document, the letter of
introduction (Form No. C77-HD) is required.
+ Based
on the dossier, the provincial social insurance body where the relatives are
residing receives and reviews the conditions for entitlement and settlement of
monthly survivorship allowance according to regulation; where the relatives are
not eligible for receiving the monthly survivorship allowance, send a notice to
the provincial social insurance body which introduced the relocation for
information and coordinated settlement.
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+ The
provincial social insurance body which receives the initial dossier for
settlement of one-time funeral allowance, one-time survivorship allowance,
one-time regional allowance (if any) and death allowance due to occupational
accident or occupational disease (if any); within 02 working days after issuing
the decision on survivorship benefits and preparing the introduction procedures
(under the Form No. C77-HD) to the provincial social
insurance body where the relative representating the relatives to receive the
residence allowance to pay the allowance immediately to the relatives. The
dossier comprises of the replica of dossier as stipulated under sub-Item d,
Item 1.2.1, Point 1.2, Clause 1 of this Article, letter of introduction (Form
No. C77-HD); in case of receiving notice from the provincial
social insurance body relating to the relative ineligible for one-time
survivorship allowance, the coordinated settlement shall be based on the
dossier according to regulation.
+ The
provincial social insurance body where the relative representing the other
relatives to receive the residence allowance shall, based on the dossier,
receive and manage the subjects and make payment; where the relatives are not
eligible for one-time survivorship allowance, the provincial social insurance
body which introduced the relocation for information and coordinated settlement
shall be re-informed for coordinated settlement according to regulation.
When carrying out the
settlement of social insurance benefits, it is required to verify and compare
the personal factors, social insurance book number and data of payment of
social insurance premium of the employee to ensure no identical entitlement
settlement.
While settling the dossiers,
if detecting falsifying dossiers or fraudulent dossiers, reports to the
Director for timely handling.
2.2.4. Settlement
of suspension and continued entitlement to the monthly pension or social
insurance allowance:
a) Requests
the Director to issue decision on suspension of monthly social insurance
benefits (Form No. 10A-HSB) for the person serving prison term
without suspended sentence (in case of beginning the prison term before 01/01/2016), person going abroad illegally and person declared
missing by the Court.
b) Requests
the Director to issue decision on continued entitlement to monthly social
insurance benefits (Form No.10B-HSB) for the persons who have
completed his prison term, persons who went abroad illegally and
returned to legally settle down and the persons whose missing declaration is
cancelled by the Court.
2.3. Inspects
the settlement of one-time social insurance benefits of the district social
insurance body; carries out the post check of dossier for entitlement to
retirement or survivorship benefits.
2.4.
Modification and cancellation.
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2.4.2. Specific
modification or cancellation of entitlement decision: Based on the documents
specified in Article 25 or the modified social insurance book, requests the
Director to issue decision on modification (Form No. 06A-HSB); In
case of improper settlement or the added documents ensure sufficient legal
grounds to cancel the settlement decision, the district social insurance body
shall issue decision on cancellation of decision on social insurance allowance
entitlement (Form No. 06B-HSB); in case of improper settlement which must be
corrected or cancelled, there must be a report from the operational division
specifying the improper content and which operational phasewith the approval of
the leader of provincial social insurance body and must be retained with the
cancelled or modified dossier after settlement.
The modification or
cancellation for these cases is done by the provincial social insurance body
which is managing dossiers; for the persons whose one-time social insurance
benefits were settled, the social insurance body which has settled shall carry
out the modification or cancellation.
For dossier which has been
settled by the social insurance body of another province, when reviewing
dossier for modification, if the verification is necessary, the social
insurance body which has settled the dossier should be discussed by written
document. When receiving the written discussion, the social insurance body
which has settled the dossier shall verify and reply in writing within 05
working days (from the date of receipt of written request). Based on the
dossier and comments of provincial social insurance body which has settled the
dossier, the provincial social insurance body which is managing the payment
shall carry out the modification or cancellation as stipulated above.
The authority and order to
modify the information in the social insurance book must comply with the
current regulations on management of social insurance book.
The modification or
cancellation of decision on social insurance benefits of social insurance of
Ministry of Defense, Ministry of People’s Police shall be done by the social
insurance body which has settled while transferring the modified or cancelled
dossier to the provincial social insurance body which is paying the benefits
for management and payment.
2.4.3. In
case of modification of personal information of the persons who are receiving
the monthly pension or social insurance allowance, if their dossiers ensure the
legality and conditions, submits them to the Director to issue the decision on
modification of personal information (Form No. 11-HSB) and modification on the
subject management software; the modification of personal information must not
change the original dossier and the social insurance benefits of the employees
and their relatives.
2.4.4. Where
there are the grounds that the social insurance entitlement is not in line with
the regulations of law as stipulated under Point c, Clause 1, Article 64 of the
Law on social insurance, coordinates with the relevant bodies to inspect and
verify and give specific conclusion on the improper social insurance
entitlement to consider and decide if the social insurance benefit entitlement
is stopped or not; if there is a conclusion about improper social insurance
benefit entitlement, submits it to the Director to issue the decision on
cancelling the decision on social insurance benefit entitlement in case of
benefit entitlement which is settled by the social insurance body (Form No.
06B-HSB) or decision on terminating the social insurance benefit entitlement
(Form No. 06C-HSB) in case of benefit entitlement which is not settled by the
social insurance body.
2.5. Makes
certification of content of settlment of social insurance benefits in the
social insurance book.
2.6. Transfers
the settled dossiers to the Department receiving and returning the result of
administrative procedures
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2.8. Makes
a list of one-time social insurance benefits settled by the provincial social
insurance body (Form No. 21A-HSB and No. 21B-HSB)
for allowance payment.
2.9.
Regulation on report on database transfer:
2.9.1. Receives
the database of one-time social insurance benefits transferred to by the
district social insurance body and database of one-time survivorship allowance
in order to update it in the review program for one-time social insurance
benefit entitlement in the province, transfers it to the Department of
Information Technology for transferring to the Information technology Center according
to regulation. Before the 5th date of each month, all database of
entitlement settlement, modification of entitlement, cancellation of decision
on social insurance benefit entitlement in the previous month for transferring
to the Information
technology Center.
2.9.2. Before
the 5th date of each month, based on the dossiers settled by the
district and province social insurance body, makes a general report on
settlement of social insurance benefits in the previous month (Form No. 20-HSB) and a list of settlement of modification, cancellation,
suspension, continued entitlement to pension or social insurance allowances
(Form No. 23A-HSB) for transferring to the social
insurance policy Implementation Committee with the electronic file of the
report.
2.10. Makes
a list of settlement of social insurance entitlement for each type of benefit
(Form No. 19A-HSB, 19B-HSB, 19C-HSB, 19D-HSB, 19E-HSB, 19H-HSB,
19K-HSB and 19M-HSB) and transfers it to the
Department receiving and returning the result of administrative procedures for
retention and management with the List of settlement of one-time social
insurance benefits (Form No. 19G-HSB) transferred to by
the district social insurance body and the List of settlement of modification,
cancellation, suspension and continued entitlement to social insurance benefits
(Form No. 23A-HSB).
3. Department
issuing social insurance books and cards
3.1. Receives
dossiers for modification of social insurance benefits relating to the
information specified in the social insurance book; makes modification of
social insurance book (including the social insurance book with the one-time or
monthly benefits settled) and transfers them to the Department of social
insurance benefits.
3.2. Receives
dossier for entitlement to social insurance benefits from the Department of social
insurance benefits in order to:
3.2.1. Issue
the health insurance card to the persons entitled to the monthly pension or
social insurance allowance subject to participating in health insurance (except
the case of relocation to another province).
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3.2.2.
Re-issue the social insurance book or coordinate with the collection management
Department to verify information about the time of payment of unemployment
insurance premium for re-issue of social insurance book to the persons entitled
to one-time social insurance benefits. These persons has a period of time to
pay the unemployment insurance premium but not yet received the benefits.
3.2.3. Transfer
the employee’s dossier for social insurance benefits with the health insurance
card and the social insurance book (re-issued) to the Department receiving and
returning the result of administrative procedures.
4. Time
limit for settlement of social insurance benefits
4.1. Carry
out the settlement of occupational accident or occupational disease benefits
within 15 days after fully receiving the valid dossier; carry out the
settlement of survivorship benefits within 15 days after fully receiving the
valid dossier;
4.2. Carry
out the settlement of retirement benefits within 20 days after fully receiving
the valid dossier; carry out the settlement of one-time social insurance
benefits within 10 days after fully receiving the valid dossier;
4.3. Carry
out the continued entitlement to monthly pension or social insurance allowance
after finishing the prison term, illegally going abroad and returning to
legally settle down or missing declaration cancelled by the Court within 15
days after fully receiving the valid dossier;
4.4. The time
limit for modification or cancellation of decision on social insurance benefits
is the same as the time limit for each benefit specified under Points 4.1, 4.2,
4.3 of this Clause.
4.5. In
case of required modification of information in social insurance book, the time
limit for modification is the same as the time limit for modification of social
insurance book under the current regulations. In case of no
settlement, reply in writing and specifies the reason.
Article
30. Responsibility of provincial social insurance body in relocation of monthly
pension or social insurance allowance entitlement, pending the monthly pension
or social insurance allowance entitlement for communal officials
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1.1. Receives
application for relocation of place to receive the monthly pension or allowance
for communal officials, application for relocation of dossier pending the
monthly pension or social insurance allowance entitlement from district social
insurance body or for employees who are receiving their monthly pension or
social insurance allowance or persons pending the monthly pension or allowance
entitlement.
1.2. Verify
dossiers to ensure the completeness and properness of benefits and policies;
for dossiers pending the monthly pension or allowance, make comprehensive
vertification, including: participants, personal information, time of
participation in social insurance, title, salary rate, living expenses…to
ensure sufficient grounds for settlement of benefit entitlement. During the
verification, if detecting that:
- Dossier
has errors of benefits, policies or does not ensure sufficient grounds for
settlement of monthly pension or allowance (for dossier pending the monthly
pension or allowance), make modification according to regulations.
- Dossier
has no consistency of last name, first name, middle name, date of birth between
papers in the same dossier, between dossier for social insurance benefits and
certificate of birth, ID card or family booklet, make a written certification
to insert it in the relocation dossier;
- Falsifying
dossier or with fraudulent signs, report to the Director for timely handling;
suspend introduction of relocation while noitifying the person submitting
dossier for information.
1.3. Prepare
dossier procedures, including: Documents specified in Article 24 for persons
who are receiving the monthly pension or social insurance allowance, persons
pending the monthly pension or social insurance allowance as specified under
Item 1.2.2, Point 1.2, Clause 1 of
Article 29 for the persons who begin the entitlement; list of documents (Form
No. 17-HSB), letter of introduction of pension or social
insurance allowance (Form No.C77-HD); seal the dossier and
send it by way of registered service to the provincial social insurance body where
such persons are residing by the address specified in the Receipt of dossier
and result return or in the entitlement dossier.
Where the relative entitled
to the monthly survivorship benefits relocates but another relative in the same
decision decides not to relocate, the dossier for survivorship benefits is the
replica from the retained dossier which the provincial social insurance has
certified.
1.4. When
receiving the notice from the social insurance body which receives the dossier
(Form No. 18A-HSB), verify the person introduced for relocation.
If the person is determined correctly, then certify “ Correct person” in the
notice (the person verifying and comparing shall sign, specify full name, date
of comparison) and retain it; where the relocation dossier is not complete or
has insufficient ground for settlement, within 5 working days after receiving
the notice, review, modify or complete it for sending back to the provincial
social insurance body which receives the dossier with the official letter; if
detecting the person is not the one settled for relocation, send an official
letter at one to the social insurance body which receives the dossier.
1.5. Make
copy of dossier of relocating person on computer as the grounds for review and
settlement in case of loss of relocation dossier; retain the copy of
application for relocation of person at the location of dossier retention
before relocation. In case the dossier for social insurance benefits is settled
before 01/01/1995, make copy of all dossier for retention
with the replica of dossier receipt.
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1.7. The
time limit for preparing the relocation dossier is within 05 days after
receiving the relocation application.
1.8. Before
1/07 of each year, make a report on relocating persons of quarter I and II in
the year; before 10/01 of each year, make a report on relocating persons of quarter
III and IV of the previous year (Form No. 25C-HSB) and send it to the social
insurance policy Implementation Committee with the electronic file of the
report.
2. Responsibility
of the provincial social insurance body where the persons relocate
2.1. Receives
the relocation dossiers (dossiers of the persons who begin receiving their
monthly pension or social insurance allowance settled and transferred to by the
social insurance body of the Ministry of Defense, People’s Police as specified
under Point 6.1, Clause 6 of Article 31); dossiers transferred to by the other
provincial social insurance bodies as specified under Point 1.3, Clause 1 of
this Article.
2.2. Verify
and compare dossiers to ensure their completeness and properness. If through
verification, detect that:
- Dossiers
of persons who are receiving their monthly pension or social insurance
allowance are not complete without any written confirmation of the provincial
social insurance body where such persons moved away or the entitlement decision
without the opinions from the Vietnam Social Insurance or dossiers of persons
who begin receiving their monthly pension or social insurance allowance are not
complete, still receive these dossiers and inform such persons of the reasons
why the payment is not yet made; when receiving the official letter with the
added documents from the social insurance body where the employees moved away,
make payment of monthly pension or social insurance allowance to them.
- Dossiers
which have not been modified according to the general regulations shall be
modified in accordance with the provisions under Item 2.4.1, Point 2.4, Claus 2
Điều 29. Receive the dossiers with errors and modify them as stipulated under
Item 2.4.2, Point 2.4, Clause 2 of Article 29 for payment.
- Do
not receive the falsifying dossiers, fraudulent dossiers, dossiers ineligible
for entitlement and dossiers with insufficient grounds for settlement and
inform the submitting persons for information while sending a return document
to the provincial social insurance body which introduced the relocating persons
for settlement or completion according to regulation and send 01 copy with the
replica of dossier for monitoring.
- For
the dossiers which are improperly or incomplely settled by the social insurance
body of Ministry of Defense, People’s Police, do not receive them and send a
return document to the social insurance body which has settled, specify reasons
and notify the persons submitting dossiers of the nonreceipt of dossier.
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If receiving notice of no
relocating person, make copy of dossier and transfer it (the original) to the
policy body for verification and handling in accordance with regulations of
law.
2.4. Revoke
the old health insurance card of the relocating persons and issue new health
insurance card according to regulations.
2.5. Retain
the dossiers according to regulations.
2.6. Make
record in the book monitoring the dossier for monthly social insurance benefit
transferred from other provinces (Form No. 25B-HSB).
2.7. Before
10/7 of each year, make a report on the relocating persons of Quarter I and II
in the year; before 10/01 of the subsequent year, make a report on relocating
persons in Quarter III and IV of the previous year (Form No. 25D-HSB) and send
such reports to the social insurance policy Implementation Committee with the
electronic file of the report.
Article 31. Responsibility of social insurance body of Ministry of
Defense and People’s Police
1. Comply with
general regulations and based on dossier and time limit for settlement of
social insurance benefits to settle the social insurance benefits to the
employees subject to management.
2. Make
certification in the social insurance book of the contents about the
entitlement to retirement benefits, occupational accident or occupational
disease and survivorship allowance.
3. Based
on the Forms in this Regulation, make modification in line with the regulations
on employment management of their ministries and sectors to issue dossiers and
procedures for settlement of social insurance benefits after
obtaining the agreement of Vietnam social Insurance.
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5. Reporting
regulation and time limit for submission of retained dossiers:
5.1. Before
20/1 annually, make a general report on settlement of social insurance benefits
in the previous year and send it to the social insurance policy Implementation
Committee.
5.2. Before
the 10th date of each month, send 01 dossier for monthly pension or
social insurance allowance settled in the previous month as specified under
Item 1.2.3, Point 1.2, Clause 1, Article 29 with the List of settlement
for each benefit for retention and management.
6. Carry
out the relocation of dossiers of persons who were settled for monthly pension
or social insurance allowance entitlement to their residence as follows:
6.1. About
dossier: In addition to documents specified under Item 1.2.2,
Point 1.2, Clause 1, Article 29 (excluding the social insurance book), there should be a
letter of introduction for payment of pension or social insurance allowance.
6.2. About the
procedure:
- The
social insurance body of Ministry of Defense and People’s Police shall directly
seal or authorize the employment unit (competent level) to seal the dossiers
and send by service way or hand them over to the employment unit or
beneficiaries to transfer to the provincial social insurance where the
beneficiaries reside.
- Comply with
the contents specified under Points 1.4, 1.6, 1.8, Clause 1, Article 30.
Article 32. Responsibility of operational units under the management of
Vietnam Social Insurance
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1.1. Receives
the database of settlement of entitlement, modification of entitlement,
cancellation of decision on entitlement to retirement, occupational accident,
occupational disease or survivorship benefits transferred by the provincial
social insurance body to integrate into the general database of the whole
sectore.
1.2. Develop
the software programs to review and manage the retirement, occupational
accident, occupational disease or survivorship benefits to transfer to the localities
for implementation; develop the softwares for the social insurance bodies of
provinces to extract data for operational reports specified in this Chapter
before the 5th date of each month. Before the 5th date of
each month, extract the reporting indicators of the whole sector under the Form
No. 20-HSB, 22C-HSB, 22D-HSB, 22E-HSB, 22G-HSB, 22H-HSB, 22K-HSB,
22M-HSB and 22N-HSB for management.
2. The
units under the management of Vietnam Social Insurance: the social
insurance policy Implementation Committee shall coordinate with the operational
units to direct, instruct and inspect the provincial social insurance body in
settlement of social insurance benefits in accordance with the provisions in
this document.
Any problem arising during
the implementation, the social insurance bodies of provinces should report to
the Vietnam Social Insurance for study and instruction./.