THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
19-CP
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Hanoi,
February 16, 1995
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DECREE
ON THE FOUNDING OF THE VIETNAM SOCIAL
INSURANCE
THE GOVERNMENT
Pursuant to the Law on Organization of the Government on the 30th of
September, 1992;
Pursuant to Article 150 of the Labor Code;
At the proposal of the Minister-Chairman of the Government Commission on
Organization and Personnel,
DECREES:
Article 1.- To set up the Vietnam
Social Insurance on the basis of the merger of the present social insurance
organizations at the center and in the localities in the Labor, War Invalids
and Social Affairs system and the Vietnam General Confederation of Labor, in
order to assist the Prime Minister in directing the management of the Social
Insurance Fund and carrying out the social insurance regimes and policies as
prescribed by the State law.
Article 2.- The Vietnam Social
Insurance has the legal person status and its independent accounting system,
and is protected by the State. It has its own seal, bank accounts, and its
office located in Hanoi City.
The social insurance fund is
placed under unified management, according to the financial regime of the
State.
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1. To organize the collection of
social insurances as prescribed by the Government, including:
a/ The premiums paid by the
employer representing 15% of the total wage fund;
b/ The premiums paid by the
laborers representing 5% of their wages;
c/ State contributions and
subsidies to ensure the implementation of the social insurance regimes for the
laborers;
d/ Other sources of revenue.
2. To manage the Social
Insurance Fund, and organize the full, convenient and on-schedule payment of
the various allowances under the social insurance scheme to the insured
laborers, as prescribed in Articles 142, 143, 144, 145 and 146 of the Labor
Code.
3. It is entitled to refuse the
payment for any term of social insurance to the ensured, if the authorized
State agency concludes on an act of fraud of dossier and document faking. It
shall at the same time issue a written communique on this refusal to the
insured, the labor using agency, and the law enforcement agency.
4. To pay indemnity for all
revenues and expenditures carried out at variance with State regulations on
social insurance to the insured persons, and take responsibility before law.
5. To work out and organize the
realization of the projects and measures to preserve the value of, and
increase, the social insurance fund as prescribed by the Government.
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7. To recommend the Government
and the related State agencies on the amendment and supplementation of the
social insurance policies to make them conform with the situation of the
country in each period.
8. To organize the statistical,
accounting and accountancy work; to provide professional guidance in the
collection and spending of social insurances and to inspect their realization.
To organize the information, and dissemination and explanation of the regimes
and policies on social insurance.
9. To inspect the realization of
the regimes of social insurance collection and expenditures.
10. To settle in time the
complaints of the insured persons, concerning the implementation of the regimes
and policies on social insurance.
11. To carry out international
cooperation on social insurance, as prescribed by the Government.
12. To manage the organization,
personnel and material bases of the Vietnam Social Insurance as prescribed by
the State.
Article 4.- The Vietnam Social
Insurance is placed under the direct guidance of the Prime Minister, under the
State management of the Ministry of Labor, War Invalids and Social Affairs and
the concerned State managerial agencies, and the supervision of the trade union
organization.
As to the operational budget of
the apparatus of the Vietnam Social Insurance, the Vietnam Social Insurance
shall, in consultation with the Ministry of Finance, make a proposal to the
Prime Minister for decision in a separate document.
Article 5.- The Prime Minister
decides to set up the Managerial Board of the Vietnam Social Insurance which is
the highest managerial agency of the Vietnam Social Insurance. The Board shall
carry out the following main tasks: to direct, supervise and inspect the
revenues, expenditures and management of the fund; to decide measures to
preserve the value of, and increase, the Social Insurance Fund; to check the
final balance of accounts, and pass the annual draft budget; to propose to the
Government and the related State agencies to supplement or amend the social
insurance policies and regimes; to settle the complaints of the insured
persons; to propose the appointment and dismissal of the General Director, the
Deputy General Directors of the Vietnam Social Insurance.
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The assistance apparatus of the
Board shall be designated by the Vietnam Social Insurance itself.
Article 6.- The Vietnam Social
Insurance is organized into a vertical system from the center to the
localities, and has the following structure:
- The Vietnam Social Insurance
in the provinces and cities directly under the Central Government.
- The Social Insurance in the
districts, towns and cities directly under the provincial authority.
Article 7.- The Vietnam Social
Insurance is directly managed and run by the General Director, according to the
system of head of agency. The General Director is assisted by a number of
Deputy General Directors.
The General Director takes
charge of all activities of the Vietnam Social Insurance, with a view to
realizing the tasks and powers of the Vietnam Social Insurance defined in
Article 3 of this Decree, the Regulation on the organization and activities of
the Vietnam Social Insurance, and the decisions of the managerial Board of the
Vietnam Social Insurance.
The General Director and Deputy
General Directors of the Vietnam Social Insurance shall be appointed and
dismissed by the Prime Minister at the proposal of the Managerial Board of the
Vietnam Social Insurance.
The Regulation on the
organization and concrete operations of the Vietnam Social Insurance (including
the working regulation of its Managerial Board) shall be decided by the Prime
Minister, at the proposal of the Managerial Board, and the expert opinion of
the Minister-Chairman of the Government Commission on Organization and
Personnel.
Article 8.- This Decree takes
effect from the date of its promulgation. All earlier regulations contrary to
this Decree are now annulled.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet