Decree No. 01/2016/NĐ-CP on the functions, tasks, powers, and organizational structure of the Vietnam Social Security

DECREE

Regulations on functions, tasks, powersand the organizational structure of the Vietnam Social Security

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 ||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Labor Law dated November 16, 2013;

Pursuant to the Health Insurance Law dated November 14, 2008 and the Law Amending and Supplementing Certain Provisions of the Health Insurance Law dated June 13, 2014;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Pursuant to the proposal of the General Director of the Vietnam Social Security,

At the proposal of promulgates the Decree stipulating the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

Article 1. Position and Functions

1. The Vietnam Social Security is a state agency under the Government, having the function of organizing the implementation of social insurance, health insurance systems and policies; organizing the collection and disbursement of unemployment insurance benefits; managing and utilizing the funds for social insurance, unemployment insurance, and health insurance; conducting specialized inspections on contributions to social insurance, unemployment insurance, and health insurance in accordance with the law.

2. The Vietnam Social Security is subject to the management of the Ministry of Labor, Invalids and Social Affairs regarding social insurance and unemployment insurance; the Ministry of Health regarding health insurance; and the Ministry of Finance concerning financial regimes for social insurance, unemployment insurance, and health insurance funds.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Propose and recommend to the Government regulations on the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

2. Submit to the Prime Minister the strategic development plan for the Vietnam Social Security industry; long-term, five-year, and annual plans for the activities of the Vietnam Social Security; proposals for the preservation and growth of social insurance, unemployment insurance, and health insurance funds after approval by the Management Council of the Vietnam Social Security; organize the implementation of strategies, plans, and proposals after their approval.

3. Responsibilities and relationships of the Vietnam Social Security with the Ministries responsible for the management of social insurance, unemployment insurance, health insurance, and financial regimes for social insurance, unemployment insurance, and health insurance funds:

a) With the Ministry of Labor, Invalids and Social Affairs: Propose the establishment, amendment, and supplementation of social insurance and unemployment insurance systems and policies; recommend inspections and audits of organizations and individuals in the implementation of social insurance and unemployment insurance according to the law; be subject to inspections and audits by the Ministry of Labor, Invalids and Social Affairs in the implementation of laws on social insurance and unemployment insurance; report annually and submit special reports to the Ministry of Labor, Invalids and Social Affairs on the implementation of social insurance and unemployment insurance systems and policies; income, expenditure, and management and utilization of social insurance and unemployment insurance funds;

b) With the Ministry of Health: Propose the establishment, amendment, and supplementation of health insurance systems and policies; participate with the Ministry of Health in determining contribution rates, benefit scopes, and benefit levels for medical examinations and treatments under the health insurance system and payment mechanisms for medical examination and treatment costs; prices of healthcare services, drug lists, medical supplies, and technical service items within the scope of health insurance benefits; recommend the Ministry of Health to inspect and audit organizations and individuals in the implementation of health insurance according to the law; be subject to inspections and audits by the Ministry of Health in the implementation of laws on health insurance; report annually and submit special reports to the Ministry of Health on the implementation of health insurance systems and policies; income, expenditure, and management and utilization of health insurance funds;

c) With the Ministry of Finance: Propose the establishment, amendment, and supplementation of financial regimes for social insurance, unemployment insurance, and health insurance funds and financial mechanisms applicable to the Vietnam Social Security; be subject to inspections and audits by the Ministry of Finance in the implementation of laws on financial regimes for social insurance, unemployment insurance, and health insurance funds; report annually and submit special reports to the Ministry of Finance on income, expenditure, and management and utilization of social insurance, unemployment insurance, and health insurance funds;

d) Participate and cooperate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Health in managing income, expenditure, preservation, development, and balance of social insurance, unemployment insurance, and health insurance funds.

4. Issue guidance documents on procedures, expertise, and business practices for implementing social insurance and health insurance systems and policies, and income and expenditure of social insurance, unemployment insurance, and health insurance according to the law; issue individual documents and internal management documents for the Vietnam Social Security industry.

5. Organize the implementation of information dissemination and promotion of social insurance, unemployment insurance, and health insurance systems and policies, and organize the exploitation, registration, and management of participants in social insurance, unemployment insurance, and health insurance according to the law.

6. Issue models of social insurance books, unemployment insurance files, health insurance cards, and organize the issuance of social insurance books and health insurance cards for insured persons according to the law.

7. Organize the collection of social insurance and health insurance contributions from agencies, units, organizations, employers, and individuals according to the law. Receive budgetary funds transferred from the State budget to pay social insurance and health insurance benefits according to the law.

8. Accept applications, process sickness, maternity leave benefits; work injury, occupational disease benefits; retirement benefits; death benefits; convalescence and recovery expenses after sickness, maternity leave, and after work injury and occupational disease treatment; medical examinations and treatments according to the law.

9. Organize the payment of pensions; work injury and occupational disease allowances; sickness allowances; maternity allowances; loss of earning capacity allowances; convalescence and recovery expenses after sickness, maternity leave, and after work injury and occupational disease treatment; death allowances; full, convenient, and timely medical examination and treatment costs.

10. Organize the collection of unemployment insurance contributions from agencies, units, organizations, employers, and workers; organize the payment of unemployment benefits, vocational training support, job search support, and health insurance contributions for unemployed beneficiaries according to the law.

11. Managing and utilizing social insurance funds, unemployment insurance funds, and health insurance funds, including: pension and death benefit fund; work injury and occupational disease fund; sickness and maternity fund; unemployment insurance fund; health insurance fund according to the principle of centralized and unified management, transparency, clarity, and compliance with their intended purposes as prescribed by law; organizing accounting for social insurance funds, unemployment insurance funds, and health insurance funds in accordance with the provisions of the law.

12. Organizing the signing of contracts and supervising the implementation of contracts with healthcare facilities that meet the necessary professional and technical conditions; inspecting procedures and quality of social health insurance medical examinations and treatments; inspecting and evaluating treatment prescriptions, drug usage, chemical substances, medical supplies, medical equipment, and medical technical services for patients; determining costs of social health insurance medical examinations and treatments; protecting the rights of social health insurance participants and preventing abuse of social health insurance benefits; referring employees and their dependents for labor capacity assessment at the Medical Examination Board in accordance with the provisions of the law.

13. Organizing the signing of contracts with organizations acting as agents for collecting social insurance premiums and health insurance premiums and disbursing social insurance benefits and unemployment insurance benefits in accordance with the provisions of the law.

14. Directing and providing professional guidance to the Social Insurance of the Ministry of National Defense and the Ministry of Public Security; coordinating with the Social Insurance of the Ministry of National Defense and the Ministry of Public Security to manage the implementation of social insurance and health insurance work within the Ministry of National Defense and the Ministry of Public Security.

15. Conducting specialized inspections on contributions to social insurance, unemployment insurance, and health insurance; imposing administrative penalties for violations in the field of social insurance, unemployment insurance, and health insurance in accordance with the provisions of the law.

16. Inspecting the signing of contracts, contributions, and payments of social insurance, unemployment insurance, and health insurance for agencies, units, organizations employing workers, individuals, and healthcare facilities; refusing contributions and demanding payment of social insurance, unemployment insurance, and health insurance benefits not in accordance with the provisions of the law.

17. Resolving complaints and denunciations in accordance with the law on complaints and denunciations or having the right to initiate civil lawsuits to request the court to protect public interests and state interests in the field of social insurance, unemployment insurance, and health insurance.

18. Implementing international cooperation in social insurance, unemployment insurance, and health insurance in accordance with the provisions of the law.

19. Managing organizational structures, civil servant staffing, job positions, and the structure of officials by profession and number of personnel in public service units; deciding on rotation, retirement, transfer, appointment, dismissal, commendation, disciplinary action, training policies, and development programs for officials, civil servants, and officials; recruiting, using, and salary systems for officials, civil servants, and officials under its authority in accordance with the provisions of the law.

20. Managing financial resources and assets of the Vietnam Social Security system and implementing statistical and accounting work on social insurance, unemployment insurance, and health insurance in accordance with the provisions of the law.

21. Deciding and organizing the implementation of the administrative reform plan of the Vietnam Social Security in accordance with the goals, requirements, programs, and plans of the Government's administrative reform and the directives of the Prime Minister; implementing a single window mechanism in handling social insurance, unemployment insurance, and health insurance benefits. 22. Organizing electronic transactions in the fields of social insurance, unemployment insurance, and health insurance in accordance with the provisions of the law.

23. Storing records of subjects participating in and receiving social insurance, unemployment insurance, and health insurance benefits in accordance with the provisions of the law.

24. Organizing research and application of science; applying information technology in statistics and management of social insurance, unemployment insurance, and health insurance.

25. Organizing training, upgrading, and instructing professional knowledge about social insurance, unemployment insurance, and health insurance.

26. Reporting periodically every six months to the Management Council of the Vietnam Social Security on the implementation of social insurance, unemployment insurance, and health insurance. Annually reporting to the Government on the management and utilization of social insurance, unemployment insurance, and health insurance funds.

27. Providing full and timely information on contributions, entitlements, and procedures for social insurance, unemployment insurance, and health insurance when requested by workers, employers, or trade unions. Providing full and timely related materials and information upon request from competent state authorities.

28. Receiving information every six months from local labor management agencies on the situation of labor use and changes in the locality. Receiving tax identification numbers from tax authorities; annually receiving information on wage costs for tax calculation from enterprises or organizations.

29. Taking the lead and coordinating with state agencies, political-social organizations, social organizations at central and local levels, and parties involved in social insurance, unemployment insurance, and health insurance to resolve issues related to the implementation of social insurance, unemployment insurance, and health insurance benefits in accordance with the provisions of the law.

30. Cooperating with competent state authorities as required in specialized inspections and audits in the field of social insurance, unemployment insurance, and health insurance; recommending to competent authorities to handle violations of laws on social insurance, unemployment insurance, and health insurance.

31. Performing other tasks and powers assigned by the Government,

31. Perform other tasks and powers as assigned by the Government, The Prime Minister assigns.

Article 3. The Management Council of the Vietnam Social Security

1. The Management Council of the Vietnam Social Security (hereinafter referred to as the Management Council) assists the Government and the Prime Minister in directing and supervising the activities of the Vietnam Social Security and advising on social insurance, unemployment insurance, and health insurance policies.

2. The Management Council consists of representatives from the leadership of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, the Ministry of Finance, the Ministry of Home Affairs, the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Federation of Cooperatives, the Vietnam Farmers' Union, the General Director of the Vietnam Social Security, and other members as prescribed by the Government.

3. The Management Council has a Chairman, Vice Chairmen, and Members appointed by the Prime Minister upon the proposal of the Minister of Home Affairs; the term of office for Management Council members is five years.

4. The Management Board has an Office to assist in its work. The specific tasks of the assisting Office are defined by the Management Board.

5. Tasks and powers of the Management Board:

a) Directing the development and approval of the strategic plan for the Vietnam Social Security industry, long-term plans, five-year plans, and annual plans for implementing social insurance, unemployment insurance, and health insurance systems, and proposals for the preservation and growth of social insurance, unemployment insurance, and health insurance funds before submitting them to the Prime Minister for approval; supervising and inspecting the General Director of the Vietnam Social Security (hereinafter referred to as the General Director) in implementing the approved strategies, plans, and proposals;

b) Supervising and inspecting the implementation of revenue and expenditure plans, management, and utilization of social insurance, unemployment insurance, and health insurance funds. Recommending to competent state agencies to amend and supplement state policies on social insurance, unemployment insurance, and health insurance to ensure the safety of social insurance, unemployment insurance, and health insurance funds;

c) Approving annual budgets for revenue and expenditure of social insurance, unemployment insurance, and health insurance funds; the level of management costs for social insurance, unemployment insurance, and health insurance before the Vietnam Social Security submits them to the competent authority for decision;

d) Approving annual reports on the implementation of social insurance, unemployment insurance, and health insurance systems; the situation of management and utilization of social insurance, unemployment insurance, and health insurance funds before the Vietnam Social Security submits them to the competent authority;

e) Deciding and being responsible to the Government for investment forms and structures of social insurance, unemployment insurance, and health insurance funds based on the proposal of the General Director;

e) Members of the Management Council who are representatives of Ministries and sectors are responsible for reporting on related matters to their respective Ministers or sector heads;

g) Recommending to competent state agencies to develop, amend, and supplement policies, regulations, and laws on social insurance, unemployment insurance, and health insurance; the development strategy of the industry; improving the organizational structure of the Vietnam Social Security; mechanisms for managing and utilizing social insurance, unemployment insurance, and health insurance funds;

h) Proposing the Prime Minister to appoint, dismiss, or remove the General Director and Deputy General Directors of the Vietnam Social Security.

Article 4. Working regime of the Management Council

1. The Management Council operates under a collective system; it convenes regular meetings every three months to consider and decide on issues within its duties and powers as stipulated in Clause 5 of Article 3 of this Decree. For certain issues that do not necessarily require discussion at the meeting, the Chairman of the Management Council sends written documents to each member of the Management Council for their opinions. The Management Council may convene extraordinary meetings to address urgent issues when requested by the Chairman of the Management Council, the General Director, or more than 50% of the total number of Management Council members.

2. The Chairman of the Management Council or the Vice Chairman of the Management Council authorized by the Chairman of the Management Council is responsible for convening and chairing the Management Council's meetings. The content and documents of the meeting must be sent to the Management Council members at least five working days before the meeting date. Management Council members have the responsibility to study and prepare to contribute to the discussion and resolution process of the Management Council.

3. The Management Council's meeting can proceed with the attendance of at least two-thirds of the Management Council members. A resolution of the Management Council must be approved by more than 50% of the total number of Management Council members. For absent members whose opinions are solicited in writing, if the number of members voting in favor and against is equal, the decision will follow the opinion of the Chairman of the Management Council. Issues where there is no consensus among Management Council members will be reported to the Prime Minister for decision. Management Council members have the right to reserve their opinions.

4. When discussing matters related to Ministries, sectors, and units under the Vietnam Social Security, the Management Council invites leaders of those Ministries, sectors, and unit heads to attend the meeting. Leaders of invited relevant agencies and units have the right to express their opinions but do not participate in voting.

5. Resolutions of the Management Board are sent to Management Board members and the General Director for implementation.

6. Management Council members have the right to request the General Director to provide information and documents on matters within the scope of the Management Council's responsibilities and powers. The General Director has the responsibility to promptly, fully, and accurately provide information and documents on matters within the scope of the Management Council's responsibilities and powers according to the requests of Management Council members.

7. Annually, the Management Council reports to the Prime Minister on the situation and results of its operations.

8. The operating expenses of the Management Council are guaranteed by the Vietnam Social Security. The location of work for the Management Council, the Standing Vice Chairman, and the Management Council's Office is arranged by the Vietnam Social Security. The Management Council uses the seal of the Vietnam Social Security for its operations.

9. Management Council members use civil servants and officials from their respective Ministries and sectors to assist in their work. Management Council members are entitled to remuneration as prescribed by the Prime Minister.

Article 5. General Director

1. The General Director is the legal representative of the Vietnam Social Security, appointed, dismissed, or removed from office by the Prime Minister upon the proposal of the Management Board. The General Director is responsible to the Government, the Prime Minister, the Management Board, and the member of the Government assigned to oversee the Vietnam Social Security for organizing and implementing social insurance, unemployment insurance, and health insurance regimes; managing and utilizing social insurance, unemployment insurance, and health insurance funds in accordance with the law, and performing tasks stipulated in Article 2 of this Decree.

2. Deputy General Directors assist the General Director. Deputy General Directors are assigned specific areas of work by the General Director and are responsible to the General Director for the tasks delegated to them. In the absence of the General Director, a Deputy General Director designated by the General Director shall lead and manage the operations of the Vietnam Social Security. Deputy General Directors are appointed, dismissed, or removed from office by the Prime Minister upon the proposal of the Management Board and the General Director.

The number of Deputy General Directors shall not exceed five persons.

3. Working regime and responsibilities, powers of the General Director:

a) The General Director works under the head-of-department system, ensuring the principle of democratic centralism; promulgates working regulations, information dissemination, and reporting systems of the Vietnam Social Security, and directs and supervises their implementation.

b) The General Director assigns or delegates Deputy General Directors to resolve issues within his authority. The General Director is responsible for decisions made by Deputy General Directors assigned or delegated to resolve such issues.

c) The General Director is responsible for preparing the contents specified in Clause 5, Article 3 of this Decree to report to the Management Board of the Vietnam Social Security for examination and approval, and to organize the implementation of Management Board resolutions.

d) The General Director is liable under the law if there is a deficit in the social insurance, unemployment insurance, and health insurance funds due to mismanagement or improper handling of collection, payment of insurance benefits, and management and utilization of these funds contrary to the provisions of the law during his tenure.

đ) The General Director specifies detailed job qualifications and appointment procedures for leadership positions within the Vietnam Social Security organizational system in accordance with the law.

Article 6. Organizational System

The Vietnam Social Security shall be organized and managed under a vertical, centralized, unified system from central to local levels, including:

1. At the central level, it is the Vietnam Social Security.

2. At the provincial level, it is the Provincial Social Security (hereinafter referred to collectively as Provincial Social Security), subordinate to the Vietnam Social Security.

3. At the district level, it is the District Social Security (hereinafter referred to collectively as District Social Security), subordinate to the Provincial Social Security.

Article 7. Organizational Structure of the Central Vietnam Social Security

1. Financial and Accounting Department.

2. International Cooperation Department.

3. Inspection and Audit Department.

4. Propaganda and Reward Department.

5. Planning and Investment Department.

6. Organization and Cadre Department.

7. Legal Affairs Department;

8. Fund Management Department.

9. Internal Audit Department.

10. Implementation Board for Social Insurance Policies.

11. Implementation Board for Health Insurance Policies.

12. Collection Department.

13. Register and Card Department.

14. Pharmacy and Medical Supplies Department.

15. Office (with a representative in Ho Chi Minh City).

16. Institute of Social Insurance Science.

17. Communication Center.

18. Information Technology Center.

19. Archive Center.

20. Northern Region Health Insurance Audit and Multi-Payer Settlement Center.

21. Southern Region Health Insurance Audit and Multi-Payer Settlement Center.

22. Social Insurance Professional Training School.

23. Social Insurance Newspaper.

24. Social Insurance Magazine.

In this Article, organizations specified from Clause 1 to Clause 15 are specialized units assisting the General Director, while organizations specified from Clause 16 to Clause 24 are affiliated public service units.

The General Director stipulates the functions, tasks, powers, organizational structure, staffing, appointment, dismissal, and removal from office of the heads and deputy heads of organizations under the Vietnam Social Security and the heads and deputy heads of departments under specialized units assisting the General Director.

The number of deputy heads of organizations under the Vietnam Social Security shall not exceed three persons.

The heads of affiliated public service units appoint, dismiss, and remove from office department heads and deputy department heads according to job qualifications established by competent authorities and follow the appointment and dismissal procedures for cadres issued by the General Director of the Vietnam Social Security.

Article 8. Social Insurance Provincial Office

1. Provincial Social Security has legal personality, its own seal, account, and office; it has functional divisions under its direct supervision.

2. The General Director shall stipulate the functions, tasks, organizational structure, staffing, appointment, dismissal, removal from office of the Director and Deputy Directors of the Social Insurance Provincial Office, and shall determine the operating budget of the Social Insurance Provincial Office. The number of Deputy Directors of the Social Insurance Provincial Office shall not exceed three persons, except for Ho Chi Minh City and Hanoi, which shall not exceed four persons.

3. The General Director shall decide on the establishment and dissolution of the Social Insurance Provincial Office in cases where there is a decision to merge or divide provincial administrative units made by competent state agencies.

4. The Director of the Social Insurance Provincial Office shall appoint, dismiss, and remove from office the Heads and Deputy Heads of departments under the Social Insurance Provincial Office according to the position standards and the appointment and dismissal procedures for officials issued by the General Director of the Vietnam Social Security.

5. The Director of the Social Insurance Provincial Office shall be responsible for managing and utilizing cadres, civil servants, public officials, finance, and assets within the scope managed by the Social Insurance Provincial Office according to the分级授权的越南社会保险省级办公室

Article 9. Social Insurance District Office

1. District Social Security has legal personality, its own seal, account, and office.

2. The General Director shall stipulate the functions, tasks, organizational structure, staffing, and operating budget of the Social Insurance District Office; and shall decide on the establishment and dissolution of the Social Insurance District Office in cases where there is a decision to merge or divide district administrative units made by competent state agencies.

3. The Director of the Social Insurance Provincial Office shall appoint, dismiss, and remove from office the Directors and Deputy Directors of the Social Insurance District Office; and the Team Leaders and Deputy Team Leaders of business teams under the Social Insurance District Office according to the position standards and the appointment and dismissal procedures for officials issued by the General Director of the Vietnam Social Security. The number of Deputy Directors of the Social Insurance District Office shall not exceed three persons.

4. The Director of the Social Insurance District Office shall be responsible for managing civil servants, public officials, finance, and assets within the scope managed by the Social Insurance District Office according to the分级授权的越南社会保险县级办公室

Article 10. Effective Date

1. This Decree takes effect from February 20, 2016.

2. This Decree replaces Government Decree No. 05/2014/NĐ-CP dated January 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

Article 11. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, Management Council of the Vietnam Social Security, and the General Director of the Vietnam Social Security are responsible for implementing this Decree./.