Decree No. 05/2014/ND-CP on the functions, tasks, powers, and organizational structure of the Vietnam Social Security

DECREE

Regulations on functions, tasks, powers and organizational structure of the Government Inspectorate||| The organizational structure of the Vietnam Social Security

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Social Insurance Law dated June 29, 2006;

Pursuant to the Health Insurance Law dated November 14, 2008;

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

The Government promulgates this Decree stipulating the functions, tasks, powers and organizational structure of the Social Insurance of Vietnam.

Article 1. Position and Functions

1. The Vietnam Social Security is an agency under the Government, with the function of organizing and implementing the social insurance system, voluntary social insurance, health insurance policies; collecting and disbursing unemployment insurance benefits; managing and utilizing funds: mandatory social insurance, voluntary social insurance, unemployment insurance (hereinafter referred to collectively as social insurance), health insurance in accordance with the law.

2. The Vietnam Social Security is subject to state management by the Ministry of Labor, Invalids and Social Affairs regarding social insurance, by the Ministry of Health regarding health insurance, and by the Ministry of Finance concerning financial regulations for social 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. Submit to the Government for the promulgation of regulations on the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

2. Submit to the Prime Minister for approval the strategic development plan of 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 and health insurance funds after being approved by the Management Council of the Vietnam Social Security; organize the implementation of strategies, plans, and proposals after they have been approved.

3. Responsibilities and relationships of the Vietnam Social Security with the Ministries responsible for state management in the fields of social insurance, health insurance, and financial regulations for social insurance and health insurance funds:

a) With the Ministry of Labor, Invalids and Social Affairs: Propose to the Ministry of Labor, Invalids and Social Affairs to establish, amend, and supplement social insurance systems and policies; recommend inspections and audits of organizations and individuals in the implementation of social 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; report semi-annually and report promptly to the Ministry of Labor, Invalids and Social Affairs on the implementation of social insurance systems and policies; collection, disbursement, and management and utilization of social insurance funds.

b) With the Ministry of Health: Propose to the Ministry of Health to establish, amend, and supplement health insurance systems and policies; participate with the Ministry of Health in determining contribution rates, benefit scopes, and benefit levels for people seeking medical treatment under the health insurance system and mechanisms for paying medical expenses; prices of healthcare services, drug lists, medical supplies, and technical services within the scope of benefits for health insurance participants; recommend inspections and audits by the Ministry of Health of 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 semi-annually and report promptly to the Ministry of Health on the implementation of health insurance systems and policies; collection, disbursement, and management and utilization of health insurance funds.

c) With the Ministry of Finance: Propose to the Ministry of Finance to establish, amend, and supplement financial systems for social 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 systems for social insurance and health insurance funds; report semi-annually and report promptly to the Ministry of Finance on the collection, disbursement, and management and utilization of social insurance and health insurance funds.

4. Issue guiding documents on procedures, expertise, and business practices for implementing social insurance and health insurance systems, policies, and collection and disbursement of social insurance and health insurance; issue individual documents and internal management documents of the Vietnam Social Security industry.

5. Organize the implementation of information dissemination, promotion, and popularization of social insurance and health insurance systems, policies, and laws; organize the exploitation, registration, and management of subjects participating in social insurance and health insurance according to the law.

6. Issue models of social insurance books and health insurance cards and organize the issuance of social insurance books and health insurance cards for those who participate in insurance according to the law.

7. Collect social insurance and health insurance contributions from agencies, units, organizations, employers, and individuals according to the law. Receive 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; work injury, occupational disease; retirement; death; convalescence and recovery after sickness, maternity leave, and after treatment of work injuries and occupational diseases; medical examination and treatment 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 allowances after sickness, maternity leave, and after treatment of work injuries and occupational diseases; death allowances; full, convenient, and timely medical examination and treatment costs.

10. Organize the collection of unemployment insurance 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. Manage and utilize social insurance and health insurance funds including: pension and death funds; work injury and occupational disease funds; sickness and maternity leave funds; voluntary social insurance funds; unemployment insurance funds; health insurance funds according to the principle of centralized unified management, transparency, and compliance with purposes as prescribed by law; organize accounting of social insurance and health insurance component funds according to the law.

12. Organize the signing of contracts, supervise the implementation of contracts with healthcare facilities that meet the required professional and technical conditions; inspect procedures, quality of health insurance medical examinations and treatments; examine and evaluate the prescription of treatment, use of medicines, chemicals, medical supplies, medical equipment, and medical technical services for patients; verify medical examination and treatment costs under health insurance; protect the rights of health insurance participants and prevent abuse of health insurance benefits; introduce employees and their dependents to the Medical Examination Council for labor capacity assessment according to 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. Direct and provide professional guidance to the Social Insurance of the Ministry of National Defense and the Ministry of Public Security; coordinate with the Social Insurance of the Ministry of National Defense and the Ministry of Public Security to manage social insurance and health insurance operations within the Ministry of National Defense and the Ministry of Public Security.

15. Inspect the signing of contracts, payment of social insurance and health insurance contributions by agencies, units, organizations employing workers, individuals, and healthcare facilities; refuse payments and demand refunds for social insurance and health insurance benefits not in accordance with the law.

16. Resolve complaints and denunciations according to the law on complaints and denunciations, or have the right to initiate civil lawsuits to request the court to protect public and state interests in the field of social insurance and health insurance.

17. Implement international cooperation in social insurance and health insurance according to the law.

18. Manage organizational structure, civil servant staffing, job positions, and the composition of officials by occupational titles and number of personnel in public service units; decide on rotation, retirement, transfer, appointment, dismissal, commendation, disciplinary action, training policies, and development for officials, civil servants, and officials within their jurisdiction according to the law; recruit, employ, and determine salary systems for officials, civil servants, and officials within their authority according to the law.

19. Manage financial resources and assets of the Vietnam Social Security system and organize statistical and accounting work on social insurance and health insurance according to the law.

20. Decide and implement the administrative reform plan of the Vietnam Social Security according to the goals, requirements, programs, and plans of the State administrative reform of the Government and the directives of the Prime Minister; implement a single-window mechanism in handling social insurance and health insurance benefits.

21. Store records of subjects participating in and enjoying social insurance and health insurance benefits according to the law.

22. Organize scientific research and application; apply information technology in statistics and management of social insurance and health insurance.

23. Organize professional training and development in social insurance and health insurance.

24. Report periodically every six months to the Management Board of the Vietnam Social Security on the implementation of social insurance and health insurance. Annually report to the Government on the management and use of social insurance and health insurance funds.

25. Provide full and timely information about contribution payments, entitlements to social insurance and health insurance benefits, and procedures when requested by workers, employers, or trade unions. Provide full and timely documentation and information related to requests from competent state authorities.

26. Lead and coordinate with state agencies, political-social organizations, social organizations at central and local levels, and parties involved in social insurance and health insurance to resolve issues related to the implementation of social insurance and health insurance benefits according to the law.

27. Coordinate with competent state authorities upon request to conduct specialized inspections in the field of social insurance and health insurance; recommend to competent authorities to handle violations of laws on social insurance and health insurance.

28. Perform other tasks and powers assigned by the Government and the Prime Minister.

Article 3. The Management Council of the Vietnam Social Security

1. The Management Board of the Vietnam Social Security (hereinafter referred to as the Management Board) assists the Government and the Prime Minister in directing and supervising the implementation of social insurance and health insurance policies, revenue and expenditure, management, and use of social insurance and health insurance funds of the Vietnam Social Security.

2. The Management Board 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 General Confederation of Trade Unions of Vietnam, 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 Board has a Chairman, a Permanent Vice-Chairman, and other members appointed, dismissed, or removed from office by the Prime Minister upon the proposal of the Minister of Home Affairs; the term of office of Management Board 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) Direct the formulation and approval of the strategic development plan of the Vietnam Social Security industry, long-term, five-year, and annual plans for implementing social insurance and health insurance benefits, proposals for the preservation and growth of social insurance and health insurance funds before submitting them to the Prime Minister for approval; supervise and inspect the General Director's implementation of the approved strategy, plans, and proposals;

b) Supervise and inspect the implementation of revenue and expenditure plans, management, and use of social insurance and health insurance funds. Recommend to competent state authorities to amend and supplement state policies on social insurance and health insurance to ensure the safety of social insurance and health insurance funds;

c) Approve the annual budget for revenue and expenditure of social insurance and health insurance funds;

d) Approve the annual settlement of revenue and expenditure of social insurance and health insurance funds, report to the Ministry of Finance according to current regulations;

đ) Decide on the form of investment for social 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) Recommend to competent state agencies the establishment, amendment, supplementation of social insurance, health insurance systems, policies, laws, industry development strategies, the organizational structure of the Vietnam Social Security, management mechanisms and utilization of social insurance and health insurance funds;

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

Article 4. Working regime of the Management Council

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

2. The Chairman of the Management Board or the Vice-Chairman authorized by the Chairman of the Management Board is responsible for convening and chairing the Management Board meetings. The content and documents of the meeting must be sent to Management Board members at least five working days before the meeting date. Management Board members are responsible for studying and preparing to contribute to the discussion process and the Resolution of the Management Board.

3. A Management Board meeting can be held with the attendance of at least two-thirds of the Management Board members. A Resolution of the Management Board must be approved by more than 50% of the total number of Management Board members. For absent members who are asked for their opinions in writing, their votes will be counted. In case the number of members voting in favor and against is equal, the decision will follow the opinion of the Chairman of the Management Board. Matters where there is no consensus among Management Board members will be reported to the Prime Minister for decision. Management Board members have the right to reserve their opinions.

4. When discussing work contents related to Ministries, sectors, and units under the Vietnam Social Security, the Management Board invites leaders of those Ministries, sectors, and heads of units under the Vietnam Social Security 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 Board members have the right to request the General Director to provide information and documents on matters within the scope of responsibilities and powers of the Management Board. The General Director has the responsibility to timely, fully, and accurately provide information and documents on matters within the scope of responsibilities and powers of the Management Board according to the requests of Management Board 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 Board are guaranteed by the Vietnam Social Security. The workplace of the Management Board, the Vice-Chairman in charge, and the Management Board's Office are arranged by the Vietnam Social Security. The Management Board uses the seal of the Vietnam Social Security for its activities.

9. Management Board members use civil servants from their respective Ministries and sectors to assist them. Management Board members are entitled to position allowances as prescribed.

Article 5. General Director

1. The General Director is the legal representative of the Vietnam Social Security, appointed, relieved, or dismissed by the Prime Minister based on the proposal of the Management Board. The General Director is accountable to the Government, the Prime Minister, the Management Board, and the member of the Government assigned to oversee the Vietnam Social Security regarding the implementation of social insurance and health insurance systems; management and utilization of social insurance and health insurance funds in accordance with the law and the tasks specified in Article 2 of this Decree.

2. The Deputy General Directors assist the General Director; Deputy General Directors are assigned specific areas of work by the General Director and are accountable to the General Director for the tasks assigned. When the General Director is absent, a Deputy General Director designated by the General Director leads and manages the operations of the Vietnam Social Security. Deputy General Directors are appointed, relieved, or dismissed by the Prime Minister based on the proposal of the Management Board and the General Director.

The number of Deputy General Directors does not exceed four people.

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

a) The General Director works under the head system, ensuring the principle of centralized democracy; promulgates working regulations, information, and reporting systems of the Vietnam Social Security, and directs and supervises the implementation of these regulations;

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 stipulated in Clause 5, Article 3 of this Decree to report to the Vietnam Social Security Management Board for consideration and approval, and organizing the implementation of Management Board resolutions;

d) The General Director is legally responsible when a deficit occurs in the social insurance and health insurance funds due to his management and operation in collecting, paying out social insurance and health insurance benefits, and managing and utilizing the social insurance and health insurance funds contrary to the provisions of the law;

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 is organized and managed under a vertical, centralized, and 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, county, town, city level under provinces, there are district-level social security offices (hereinafter referred to collectively as district-level social security offices) directly under the provincial social security office.

Article 7. The organizational structure of the Vietnam Social Security at the central level

1. Social Insurance Policy Implementation Board.

2. Health Insurance Policy Implementation Board.

3. Collection Board.

4. Finance and Accounting Board.

5. Register and Card Board.

6. Propaganda Board.

7. International Cooperation Board.

8. Inspection Board.

9. Motivation and Reward Board.

10. Planning and Investment Board.

11. Organization and Cadre Board.

12. Legal Affairs Board.

13. Fund Investment Board.

14. Pharmacy and Medical Supplies Department.

15. Internal Audit Board.

16. Office (with representation in Ho Chi Minh City).

17. Institute of Social Insurance Science.

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.

The organizations specified from Clause 1 to Clause 16 of this Article are assisting organizations under the General Director, while those specified from Clause 17 to Clause 24 of this Article are affiliated units.

The General Director shall define the functions, tasks, powers, organizational structure, staffing, appointment, removal, and dismissal of the heads and deputy heads of the organizations under the Vietnam Social Security and the heads and deputy heads of the departments under the assisting organizations.

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

The heads of the affiliated units shall appoint, remove, and dismiss the heads and deputy heads of the departments under their jurisdiction according to the position standards issued by the competent authority and in accordance with the appointment and removal procedures for cadres established 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 define the functions, tasks, organizational structure, staffing, appointment, removal, and dismissal of the directors and deputy directors of the provincial social insurances, with the number of deputy directors not exceeding three people, except for Ho Chi Minh City and Hanoi where it shall not exceed four people.

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 provincial social insurance shall appoint, remove, and dismiss the heads and deputy heads of the departments under the provincial social insurance according to the position standards and the appointment and removal procedures for cadres established by the General Director of the Vietnam Social Security.

5. The director of the provincial social insurance shall be responsible for managing and utilizing cadres, civil servants, officials, finance, and assets within the scope managed by the provincial social insurance according to the分级管理规定。

Article 9. Social Insurance District Office

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

2. The General Director shall define the functions, tasks, organizational structure, staffing, and operating funds of the county social insurances; decide on the establishment and dissolution of county social insurances when there is a decision by the competent state agency to merge or divide administrative units at the county level.

3. The director of the provincial social insurance shall appoint, remove, and dismiss the directors and deputy directors of the county social insurances; the team leaders and deputy team leaders of the business teams under the county social insurances according to the position standards and the appointment and removal procedures for cadres established by the General Director of the Vietnam Social Security. The number of deputy directors of the county social insurances shall not exceed three people.

4. The director of the county social insurance shall be responsible for managing civil servants, officials, finance, and assets within the scope managed by the county social insurance according to the分级管理和省级社会保险的规定。

Article 10. Effective Date

1. This Decree shall take effect from March 5, 2014.

2. This Decree replaces Government Decree No. 94/2008/ND-CP dated August 22, 2008, which defines the functions, tasks, powers, and organizational structure of the Vietnam Social Security, and Government Decree No. 116/2011/ND-CP dated December 14, 2011, which amends and supplements certain articles of Government Decree No. 94/2008/ND-CP.

Article 11. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, Management Boards, and the General Director of the Vietnam Social Security are responsible for implementing this Decree./.