Circular No. 04/2017/TT-BCA on Issuing, Managing, and Using Social Insurance Books in the People's Police Force

CIRCULAR

Regulations on Issuance, Management, and Use of Social Insurance Books in the People's Public Security Force

 

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

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 33/2016/NĐ-CP dated May 10, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Social Insurance regarding mandatory social insurance for military personnel, public security officers, and civil servants with salaries equivalent to those of military personnel;

Pursuant to Decree No. 115/2015/NĐ-CP dated November 11, 2015 of the Government detailing certain provisions of the Law on Social Insurance regarding mandatory social insurance;

At the proposal of the Director of the Political General Department of the People's Public Security Force,

The Minister of Public Security issues this Circular on the issuance, management, and use of social insurance books in the People's Public Security Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the subjects, documents, procedures, authorities for issuing, managing, and using social insurance books in the People's Public Security Force.

Article 2. Applicability

1. Officers and non-commissioned officers in specialized positions; officers and non-commissioned officers in technical positions;

2. Non-commissioned officers and conscript soldiers;

3. Workers in the Public Security Force;

4. Persons working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts, or specific work contracts lasting from three months to less than twelve months, including labor contracts signed between employers and legal representatives of persons under fifteen years old according to the Labor Law at agencies and units under the People's Public Security Force;

5. Persons working under fixed-term labor contracts lasting from one month to less than three months;

6. Students receiving living expenses while studying at Public Security Force schools or studying at other schools outside the Public Security Force system funded by the Public Security Force (hereinafter referred to as students);

7. Citizens temporarily recruited before being officially selected into the People's Public Security Force (hereinafter referred to as temporarily recruited citizens);

8. Departments, Commands, subordinate units of the Ministry; Public Security and Fire Prevention and Control Police of provinces and centrally-administered cities (hereinafter collectively referred to as Public Security Units and Localities).

Subjects specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article shall be collectively referred to as officers and soldiers.

Article 3. Principles of Implementation

1. A social insurance book is issued to each officer and soldier to monitor contributions and benefits under social insurance programs and serve as a basis for resolving social insurance and unemployment insurance benefits for each individual.

2. Each officer and soldier is issued a single unique social insurance book.

3. The issuance, management, and use of social insurance books must be strictly in accordance with the laws on social insurance, guidelines of the Vietnam Social Security, and the Public Security Force Social Security.

4. No alterations or erasures that distort the contents recorded in the social insurance book are allowed. In case of loss or damage, timely reports must be made to the Public Security Force Social Security for resolution.

Article 4. Forms for Issuance, Management, and Use of Social Insurance Books

Forms for the issuance, management, and use of social insurance books in the People's Public Security Force shall be implemented in accordance with Decision No. 959/QĐ-BHXH dated September 9, 2015 of the Vietnam Social Security promulgating regulations on social insurance revenue management, health insurance, unemployment insurance; management of social insurance books and health insurance cards, including:

1. Form for providing and changing information (Form TK1-TS);

2. List of officers and soldiers participating in social insurance (Form D02-TS);

3. Record of cancellation of social insurance books (Form C10-TS);

4. Plan for using social insurance book blanks (Form K02-TS);

5. Record of usage of social insurance book blanks (Form S04-TS);

6. Record of issuance of social insurance books (Form S05-TS).

Chapter II

SPECIFIC PROVISIONS

Article 5. Social Insurance Book

1. The social insurance book consists of the cover and loose pages; the social insurance book form is uniformly managed and issued by the Social Insurance of the People's Public Security.

2. The number of the social insurance book is a series of ten natural numbers divided into three groups as follows:

a) Group 1: The first two digits are "98", which is the code number of the Social Insurance of the People's Public Security as prescribed by the Vietnam Social Security;

b) Group 2: The next two digits are the last two digits of the year when the social insurance book is issued;

c) Group 3: The last six digits are defined as follows:

- For the subjects prescribed in Clauses 1 and 2 of Article 2 of this Circular, it is the People's Public Security identification number;

- For the subject prescribed in Clause 3 of Article 2 of this Circular, it is the personnel file number at the time of issuing the social insurance book;

- For the subjects prescribed in Clauses 4, 5, 6, and 7 of Article 2 of this Circular: The first three digits are the code number of the public security unit or locality as prescribed by the Ministry of Public Security; the next three digits are the serial number according to the list of public security officers participating in social insurance proposed for issuance of the social insurance book in that year.

Example 1: Comrade Lieutenant Nguyen Van A, a public security officer of Hai Duong Province with identification number 567089, was issued a social insurance book in 2016; the social insurance book number of Comrade Lieutenant Nguyen Van A is 9817567089.

Example 2: Ms Tran Thi B, working under an indefinite-term labor contract at Unit C, belonging to General Department III, with unit code 013. Ms Tran Thi B has serial number 234 in the list of contractual employees to be issued a social insurance book in 2016; her social insurance book number is 9817013234.

Article 6. Documents for Issuing the Social Insurance Book

1. The letter requesting issuance of the social insurance book from the public security unit or locality;

2. List of officers and soldiers participating in social insurance (Form D02-TS);

3. The information submission and change form (Form TK1-TS).

Article 7. Procedure and Time Limit for Issuing the Social Insurance Book

1. The organizational cadre management agency of the public security unit or locality provides and guides officers and soldiers to fill out the information submission and change form in accordance with regulations;

2. Officers and soldiers accurately and completely fill out the information submission and change form in accordance with regulations and submit it to the organizational cadre management agency of the public security unit or locality directly managing them;

3. The public security unit or locality receives, checks, and compares the contents of the information submission and change form submitted by officers and soldiers with their original files and related documents (if any); if correct, they update the information into the software issued by the Social Insurance of the People's Public Security and prepare a list of officers and soldiers participating in social insurance for issuance of the social insurance book; print the contents specified on page 1, page 2 of the cover and loose pages of the social insurance book of officers and soldiers listed in the proposal for issuance of the social insurance book;

In case the contents of the information submission and change form submitted by officers and soldiers are not accurate or complete compared to the original files, the organizational cadre management agency of the public security unit or locality shall guide the officers and soldiers to fill out again;

4. The public security unit or locality transfers the cover and loose pages of the social insurance book and the documents prescribed in Article 6 of this Circular, which have been printed, signed, and confirmed in accordance with regulations (accompanied by a file containing data for requesting issuance of the social insurance book) to the Social Insurance of the People's Public Security for approval, signing, and confirming issuance of the social insurance book;

5. Within thirty working days from the date of signing the labor contract or making the recruitment decision, the public security unit or locality must establish and transfer the application documents for issuance of the social insurance book for officers and soldiers to the Social Insurance of the People's Public Security;

6. The Social Insurance of the People's Public Security guides the public security units or localities to establish the documents for issuance of the social insurance book; receives and reviews the application documents for issuance of the social insurance book transferred by the public security units or localities; signs, confirms, and returns the social insurance book, one copy of the list of officers and soldiers participating in social insurance, and other related documents (if any) to the public security units or localities; retains one copy of the list of officers and soldiers participating in social insurance for monitoring, summarizing, and reporting in accordance with regulations;

7. Within twenty working days from the date of receiving all required documents, the Social Insurance of the People's Public Security must issue the social insurance book for officers and soldiers; in case of non-issuance, a written response with clear reasons must be provided;

8. The public security unit or locality receives back the social insurance book, the information submission and change form, and one copy of the list of officers and soldiers participating in social insurance proposed for issuance of the social insurance book and other related documents (if any) returned by the Social Insurance of the People's Public Security for management and use in accordance with Article 15 of this Circular.

Article 8. Authority to sign, confirm, issue social insurance books

1. Heads of units under the Ministry, under the General Department; Directors of departments under the Command Department; Directors of Public Security, Fire Prevention and Fighting Services of provinces and centrally governed cities; Directors (General Directors, Chairmen) of state-owned enterprises and public service units with income in the People's Public Security have the authority to sign and confirm declarations for providing and changing information, lists of officers and soldiers participating in social insurance, detached pages of social insurance books, and other related documents concerning the issuance and management of social insurance books.

2. The Director (or Deputy Director in cases of authorization) of the Social Insurance of the People's Public Security has the authority to sign and confirm page 2 of the book cover, lists of officers and soldiers participating in social insurance, detached pages of social insurance books, and other related documents concerning the issuance and management of social insurance books.

Article 9. Recording and confirming social insurance books

1. Content recorded, confirmed, and methods of recording social insurance books shall be carried out in accordance with current regulations of the Vietnam Social Insurance and according to the pre-designed content of the software of the People's Public Security Social Insurance.

2. Printing of book covers, detached pages of social insurance books, and lists of officers and soldiers participating in social insurance shall be done directly by extracting data from the software of the People's Public Security Social Insurance.

3. In cases where social insurance contributions are made for the remaining months to enjoy retirement benefits according to Clause 6, Article 85 of the 2014 Social Insurance Law, Column 3 shall record "social insurance contributions as stipulated in Clause 6, Article 85 of the 2014 Social Insurance Law"; Column 4 shall record the basis for contribution at the monthly salary level before retirement into the pension and death benefit fund; Column 5 shall record the total percentage of social insurance contributions of the employer and employee into the pension and death benefit fund according to Article 86 of the 2014 Social Insurance Law.

4. For officers and soldiers who implement salary and wage systems according to the scale set by the State, the amount of social insurance and unemployment insurance contributions, and position and region allowances (if any) shall be recorded in coefficient form; seniority allowances and allowances exceeding the scale (if any) shall be recorded in percentage form.

5. For contractual workers participating in social insurance and unemployment insurance based on the salary and wages determined by the employer, the amount of social insurance and unemployment insurance contributions shall be recorded in Vietnamese dong.

6. Detached pages of social insurance books shall be printed when confirming the total time of social insurance and unemployment insurance contributions (if applicable) up to the point when officers and soldiers are issued, reissued, or receive social insurance books; suspending social insurance contributions to settle social insurance benefits, closing and confirming the time of social insurance and unemployment insurance contributions (if applicable) when transferring; adjusting the content already recorded in the social insurance book and being signed and confirmed on the last detached page.

Article 10. Handling certain situations in issuing social insurance books

1. If a social insurance book has been used to settle one-time social insurance benefits and there is still time for unemployment insurance not yet enjoyed, it shall be reissued to close and confirm the time of unemployment insurance not yet enjoyed. The number of the reissued social insurance book is the same as the number of the previously used social insurance book to settle one-time social insurance benefits.

2. In cases where several social insurance books have been issued to two or more officers and soldiers, retain the earliest issued social insurance book, recover the remaining social insurance books to reissue them with new numbers. If the later issued social insurance book has settled work injury, occupational disease, retirement, death benefit, or one-time social insurance benefits, all remaining social insurance books shall be recovered and reissued with new numbers.

3. An officer or soldier having two or more social insurance books:

a) In cases where the social insurance books record non-overlapping periods of social insurance contributions, all such books shall be recovered and reissued. The reissued social insurance book must ensure the full period and amount of unpaid social insurance and unemployment insurance contributions (if any) of the recovered social insurance books. The number of the reissued social insurance book is the same as the earliest issued social insurance book;

b) In cases where the social insurance books record overlapping periods of social insurance and unemployment insurance contributions, record the contribution period in the new social insurance book according to the earlier social insurance participation period, while refunding the officer or soldier the amount contributed by the unit and the officer or soldier into the pension and death benefit fund and the unemployment insurance fund (including the amount of social insurance and unemployment insurance contributions due from the employer), excluding interest.

4. In cases where a social insurance book cover is lost or damaged, it must be immediately reprinted and reissued according to regulations. In cases where only one or some detached pages of the social insurance book are lost or damaged, reprint and reissue those lost or damaged pages and ensure the full period and amount of unpaid social insurance and unemployment insurance contributions (if any).

Article 11. Receiving, closing, and confirming social insurance books

1. Public Security units and localities

a) For social insurance books that have been issued, closed, and confirmed according to regulations for officers and soldiers recruited or transferred to work, procedures shall be carried out to receive and update the entire process of social insurance and unemployment insurance contributions (if applicable) into the Social Insurance Software for People's Public Security; print out separate pages of the social insurance book to confirm the time of social insurance and unemployment insurance contributions from the date of receipt to the confirmation date;

b) For social insurance books moved outside the People's Public Security force, or between Public Security units and localities, print out separate pages of the social insurance book, close and confirm the time of social insurance and unemployment insurance contributions (if applicable) up to the date of cessation of contributions;

c) Send the files specified in Points a and b of this Clause and related documents concerning the receipt and transfer of social insurance books (decisions on recruitment, change of profession, discharge from military service, resignation, job transfer, labor contracts, etc.) to the Social Insurance for People's Public Security as prescribed;

d) Receive back the social insurance books signed and confirmed by the Social Insurance for People's Public Security for retention, or return them to the units or localities where the officers and soldiers are transferred to, or hand them over to the officers and soldiers who are being transferred.

2. The Social Insurance for People's Public Security shall receive social insurance books transferred from Public Security units and localities; review, sign, confirm, and return the social insurance books to the transferring Public Security units and localities. In cases where the conditions for confirmation and closing of the social insurance books are not met, a written response must be provided with clear reasons stated.

Article 12. Time of issuance of social insurance books for non-commissioned officers, conscripts, students, workers under fixed-term labor contracts from one month to less than three months, and temporarily recruited citizens in the People's Public Security

1. Non-commissioned officers and conscripts shall be issued social insurance books when they are converted to professional status; during their conscription period, if they suffer work-related accidents, occupational diseases, death, or demise, they shall be issued social insurance books to settle benefits; at the end of their conscription period, if they are not converted to professional status or do not meet the conditions to continue serving and wish to retain the time of social insurance contributions, they shall also be issued social insurance books as stipulated in this Circular.

2. Students shall be issued social insurance books after graduation and upon completion of their studies, implemented by the Public Security units and localities where they work; during their study period, if they suffer work-related accidents, occupational diseases, death, or demise, they shall be issued social insurance books to settle benefits; if they do not meet the conditions to continue studying but wish to retain the time of social insurance contributions, they shall also be issued social insurance books as stipulated in this Circular and implemented by the school managing the student.

3. Workers under fixed-term labor contracts from one month to less than three months in agencies and units under the People's Public Security shall implement the issuance of social insurance books as stipulated in this Circular, starting from January 1, 2018.

4. Temporarily recruited citizens shall be issued social insurance books after being recruited; during their temporary recruitment period, if they suffer work-related accidents, occupational diseases, or death, they shall be issued social insurance books to settle benefits; at the end of their temporary recruitment period or if they do not meet the conditions to continue temporary recruitment and wish to retain the time of social insurance contributions, they shall also be issued social insurance books as stipulated in this Circular.

Article 13. Reissue and Adjust Content Recorded on Social Insurance Books

1. Reissue of Social Insurance Books

a) Reissue the cover and loose-leaf pages of social insurance books for cases of loss, damage, consolidation of books; change of book number, surname, given name, middle name, date of birth; having been granted one-time social insurance benefits but still having unemployment insurance contribution periods not yet enjoyed;

b) Reissue the cover of social insurance books in cases of gender error;

c) Reissue loose-leaf pages of social insurance books for cases of loss, damage; having been granted social insurance benefits with adjustments to the social insurance contribution period.

2. Adjust Content Recorded on Social Insurance Books for cases involving adjustments to the duration and amount of social insurance contributions, unemployment insurance contributions, job titles, working conditions, place of work.

3. Documents for Reissuing and Adjusting Content Recorded on Social Insurance Books

a) A letter requesting reissuance or adjustment of content recorded on social insurance books from the local police force;

b) Information submission form (Form TK1-TS);

c) The issued social insurance book (except in cases of loss);

d) Supporting documents serving as the basis for reissuing or adjusting content recorded on social insurance books.

4. Procedures and Time Limits for Reissuing and Adjusting Content Recorded on Social Insurance Books

a) The procedures for reissuing and adjusting content recorded on social insurance books shall be carried out in accordance with the provisions of Article 7 of this Circular;

b) Within fifteen working days from the date of receipt of complete documents as prescribed, the Social Insurance of the People's Public Security must issue or adjust the content recorded on social insurance books for officers and soldiers. In complex cases requiring verification, the time limit shall not exceed forty-five working days.

Article 14. Responsibilities for Managing and Using Social Insurance Book Blanks

1. The Social Insurance of the People's Public Security shall be responsible for:

a) Accepting, managing, and storing the cover blanks and envelope blanks for social insurance books provided by the Vietnam Social Insurance;

b) Before July 1st each year, reporting and settling the number of cover blanks and envelope blanks for social insurance books received with the Vietnam Social Insurance; settling the number of loose-leaf pages of social insurance books produced and used in the year according to regulations; developing plans for using cover blanks and envelope blanks for social insurance books for the following year and sending them to the Vietnam Social Insurance, and organizing the production of loose-leaf pages of social insurance books for use in the following year based on the request of local police forces.

2. Local Police Forces shall be responsible for:

a) Accepting, managing, and storing social insurance book blanks and envelope blanks provided by the Social Insurance of the People's Public Security;

b) Managing and opening registers to track the use of social insurance book blanks and envelope blanks provided by the Social Insurance of the People's Public Security;

c) Before June 15th each year, reporting and settling the number of social insurance book blanks and envelope blanks received, developing plans for using social insurance book blanks and envelope blanks for the following year and sending them to the Social Insurance of the People's Public Security;

d) Establishing a Committee to Destroy Social Insurance Books (headed by a leader responsible for force construction) and implementing the destruction of unused social insurance book blanks due to poor quality, damage, or printing errors. The minutes of the destruction of social insurance books shall be made in two copies (one copy retained at the unit, one copy sent to the Social Insurance of the People's Public Security for monitoring).

Article 15. Responsibilities for managing and using social insurance books

1. The Social Insurance of the People's Public Security shall be responsible for:

a) Managing and preserving social insurance books during the issuance, reissuance, adjustment of recorded contents on social insurance books; handling social insurance benefits; confirming social insurance books when transferring;

b) Confirming the following benefits: Work injury, occupational disease, retirement, one-time social insurance (discharge from military service, resignation), survivor benefits after resolving entitlements on page 3 of the social insurance book according to regulations;

c) Deciding to destroy or retain social insurance books that are damaged or issued incorrectly as transferred by public security units and localities.

2. Public security units and localities have the responsibility

a) Retaining and managing social insurance books together with personnel files (in cases where the unit does not directly manage personnel files, it may manage them separately within the unit) in accordance with regulations on managing personnel files of the People's Public Security;

b) Reporting promptly and coordinating with the Social Insurance of the People's Public Security to reissue, adjust recorded contents on social insurance books for cases specified in Clauses 1 and 2 of Article 13 of this Circular;

c) Recovering and reporting to the Social Insurance of the People's Public Security regarding social insurance books issued incorrectly (accompanied by the recovered social insurance books);

d) Regularly updating information related to officers and soldiers (social insurance participation process, personal details...) into the software of the Social Insurance of the People's Public Security to promptly issue, reissue, adjust, confirm social insurance books for officers and soldiers as prescribed;

e) Managing and opening registers to track the issuance of social insurance books for officers and soldiers at the unit.

3. Officers and soldiers have the responsibility to manage social insurance books confirmed by the Social Insurance of the People's Public Security to continue participating in social insurance and unemployment insurance contributions, or to resolve entitlements to social insurance and unemployment insurance benefits as prescribed (excluding transfer to receive sickness benefits).

Article 16. Handling Violations

Organizations and individuals violating regulations on issuing, managing, and using social insurance books in the People's Public Security shall be subject to disciplinary action, administrative penalties, or criminal liability pursued depending on the nature and severity of the violation; if causing damage, they must compensate according to the provisions of the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 17. Transitional Provisions

1. Social insurance books are issued in accordance with Decision No. 1443/LDTBXH dated October 9, 1995 of the Ministry of Labor, Invalids and Social Affairs on the issuance of social insurance book models, Decision No. 3339/QD-BHXH dated May 16, 2008 of the Vietnam Social Security on social insurance book models and numbers, and Decision No. 1518/QD-BHXH dated December 20, 2011 of the Vietnam Social Security on social insurance book models and instructions for recording social insurance books, which continue to be used to monitor the contribution process and resolve social insurance and unemployment insurance benefits (if applicable) for officers and soldiers.

2. Public security units and localities implement printing, confirming contribution periods according to the model prescribed in Circular No. 58/2012/TT-BCA dated October 4, 2012 of the Minister of Public Security on issuing, managing, and using social insurance books in the People's Public Security up to the date this Circular takes effect.

Article 18. Effective Date

1. This Circular takes effect from March 25, 2017 and replaces Circular No. 58/2012/TT-BCA dated October 4, 2012 of the Minister of Public Security on issuing, managing, and using social insurance books in the People's Public Security. Previous regulations of the Ministry of Public Security contrary to this Circular are abolished.

2. From the date this Circular takes effect, the printing of separate pages of social insurance books to handle social insurance benefits or to confirm and close social insurance books when transferring shall be carried out according to the model prescribed in this Circular.

Article 19. Responsibility for Implementation

1. The Director General, Commander, heads of units under the Ministry; Directors of Public Security, Fire Prevention and Fighting Police of provinces and centrally-administered cities within their functions and tasks have the responsibility to implement and organize the implementation of this Circular.

2. Social Insurance of the People's Public Security

a) Directing, guiding, inspecting, and urging the implementation of issuing, managing, and using social insurance books in the People's Public Security;

b) Taking the lead and coordinating with relevant units to research, build, and adjust the software of the Social Insurance of the People's Public Security. During the implementation of this Circular, if there are difficulties or obstacles, public security units and localities shall report to the Ministry (through the Political Bureau of the People's Public Security) for timely guidance.