Decree No. 100/2002/ND-CP on the functions, tasks, powers, and organizational structure of the Vietnam Social Security (BHXH).

DECREE OF THE GOVERNMENT

Regulations on functions, tasks,

powers and organizational structure of the Vietnam Social Security

THE GOVERNMENT

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

At the proposal of the Ministry Minister of Interior and Director General of the Vietnam Social Security,

DECREE:

Article 1.Position and functions of the Vietnam Social Security.

The Vietnam Social Security is a public service entity under the Government, withthe function of implementing social insurance, health insurance policies andregimes (hereinafter referred to collectively as social insurance) and managing theSocial Insurance Fund in accordance with the law.

Article 2.Tasks and powers of the Vietnam Social Security.

1.Develop and submit to the Prime Minister for approval:

a)The strategy for developing the Vietnam Social Security sector and long-term, five-year plans for implementing social insurance policies;

b)Proposals to preserve the value and promote the growth of the Social InsuranceFund;

2.Direct and organize the implementation of social insurance policies and regimes;collect compulsory and voluntary social insurance contributions; disburse socialinsurance benefits to eligible participants in a convenient, timely manner asprovided by law;

3.Issue various social insurance books and cards;

4.Manage the Social Insurance Fund centrally and uniformly in accordance with thestate's financial system, independently accounting and protected by the state;

5.Advise the Government, Prime Minister, and relevant state agencies on amendingand supplementing social insurance policies and regimes; management mechanismsfor the Fund and financial management (including administrative costs of theVietnam Social Security) and organization of implementation after approval;

6.Issue guiding documents for handling social insurance benefits and revenue andexpenditure operations within its authority; internal management of the Vietnamsocial security sector;

7.Organize contracts with legitimate healthcare facilities to serve individuals withsocial insurance books and cards in accordance with the law;

8.Supervise the signing of contracts and the collection and disbursement of socialinsurance contributions from agencies, units, organizations employing labor,individuals, and healthcare facilities; advise relevant state authorities andsuperior bodies of employing units and healthcare facilities to handle violationsof social insurance laws;

9.Refuse to disburse social insurance benefits when participants do not meet thelegal conditions for benefit receipt or there is legal evidence of fraudulent ormisleading claims for benefits;

10.Compensate all unauthorized revenues and expenditures related to social insurancerules and regulations for participants;

11.Handle complaints and reports from organizations and individuals regarding theimplementation of social insurance policies and regimes in accordance with thelaw;

12.Store records of participants in social insurance programs and benefit receiptsin accordance with the law;

3.Organize scientific research and application; apply information technology inmanaging and operating social insurance activities;

14.Organ ize training and professional development in social insurance;

15.Organ ize information, propaganda, and dissemination of social insurance policies andregimes;

16.Implement international cooperation in social insurance in accordance with the law;

17.Coordinate with state agencies, political-social organizations, socialorganizations at central and local levels, and parties involved in social insuranceto resolve issues related to the implementation of social insurance policies andregimes in accordance with the law;

18.Manage the organization, civil servants, and employees of the Vietnam SocialSecurity; finance and assets of the Vietnam Social Security in accordance withthe law;

19.Implement reporting systems to the Government, Prime Minister, and relevantstate agencies in accordance with the law.

Article 3.Organizational system of the Vietnam Social Security.

The Vietnam Social Security is organized and managed vertically, centrally, anduniformly from the central to local levels, including:

1.At the Central level is the Vietnam Social Security;

2.AT provincial level is the Provincial Social Security of provinces directly under theCentral Government (hereinafter referred to collectively as Provincial SocialSecurity), subordinate to the Vietnam Social Security;

3.AT district, urban district, town, city under province level is the District SocialSecurity of districts, urban districts, towns, cities under provinces (hereinafterreferred to collectively as District Social Security), subordinate to the ProvincialSocial Security.

Article 4Tasks of the Management Council of the Vietnam Social Security.

The Management Council of the Vietnam Social Security (hereinafter referred toas the Management Council) assists the Prime Minister in performing thefollowing tasks:

1.Direct, supervise, and inspect the collection, disbursement, and management ofthe Social Insurance Fund;

2.Approve annual budgets and final accounts for the Social Insurance Fund;

3.Approve the strategy for developing the Vietnam Social Security sector, long-term, five-year plans for implementing social insurance policies and regimes, andproposals to preserve the value and promote the growth of the Social InsuranceFund developed by the Director General for submission to the Prime Ministerfor approval; supervise and inspect the Director General's implementation of thestrategy, plan, and proposal after approval;

4.Recommend to the Prime Minister the appointment and removal of the DirectorGeneral and Deputy Directors General of the Vietnam Social Security.

Article 5.Cơ Composition of the Management Council.

1.The Management Council includes representatives from the leadership of theMinistry of Finance, Ministry of Labor, Invalids and Social Affairs, Ministry Y of Health, Vietnam General Confederation of Labor, and the Director General ofthe Vietnam Social Security.

Members of the Management Council represent their respective agencies in thework of the Management Council, discuss and vote on matters of the ManagementCouncil.

2.The Management Council has a Chairman, one Vice-Chairman, and membersappointed and removed by the Prime Minister upon the recommendation of theMinister of Interior.

Article 6.Working regime of the Management Council.

1.The Management Council operates based on collective principles; convenesregular meetings every three months to consider and decide on matters within itsfunctions and powers as stipulated in Article 4 of this Decree.

2.The Management Council may convene extraordinary meetings to address urgentmatters when requested by the Chairman of the Management Council, theDirector General, or more than 50% of the total number of Management Councilmembers.

3. Meetings of the Management Board must have at least two-thirds of the members ofthe Management Board present. Resolutions of the Management Board must beapproved by a majority of the attending members of the Management Board. Inmatters where opinions among the members of the Management Board are notunified, the Chairman of the Management Board shall report to the Prime Ministerfor decision.

4. In its operations, the Management Board uses the administrative apparatus, fundsand insignia of the Vietnam Social Security.

5. The Chairman of the Management Board promulgates the operational regulations ofthe Management Board and assigns tasks to the members of the Management Board.

Article 7.General Director of the Vietnam Social Security.

1. The General Director is the legal representative of the Vietnam Social Security,appointed by the Prime Minister upon the proposal of the Management Board.

The General Director is responsible to the Prime Minister and the Management Boardfor implementing social insurance policies and managing the Social Insurance Fundin accordance with the provisions of the law and for performing the tasks stipulatedin Article 2 of this Decree.

2. Deputy General Directors assist the General Director; Deputy General Directorsare assigned specific areas of work by the General Director and are responsible tothe General Director for the tasks assigned. When the General Director is absent,one Deputy General Director authorized by the General Director leads the work ofthe Vietnam Social Security.

Deputy General Directors are appointed and relieved from duty by the PrimeMinister upon the proposal of the Management Board and the General Director.

Article 8.Working system and responsibilities of the General Director.

1. The General Director works under the head system, ensuring the principle ofcentralized democracy; promulgates the operational regulations of the VietnamSocial Security and directs and supervises the implementation of such regulations.

2. The General Director assigns or delegates to Deputy General Directors thehandling of matters within the General Director's authority. The General Directoris responsible for the decisions made by Deputy General Directors assigned ordelegated to handle such matters.

3. The General Director has the responsibility:

a) To prepare the contents stipulated in Article 4 of this Decree for theManagement Board to approve and organize the implementation of ManagementBoard resolutions;

b) To decide and direct the implementation of the administrative reform programof the Vietnam Social Security and the implementation of social insurance policiesand systems towards participating subjects; ensure the information and reportingregime of the Vietnam Social Security and its affiliated units;

c) To decide on matters within the management scope of the Vietnam SocialSecurity and be responsible for such decisions; decide on specific measures tostrengthen discipline and administrative order among officials, civil servants, andpublic employees of the Vietnam Social Security; combat corruption, waste, andall forms of bureaucracy, harassment, and arbitrary power in the industry;

d) To be subject to disciplinary action when there are deficiencies inmanagement that result in corruption, negative phenomena causing serious damagein agencies and units under the management of the Vietnam Social Security;

e) To implement state management regulations on social insurance. When submittingmatters related to the functional management of a Ministry or equivalent agencyto the Prime Minister, the opinion of the Minister or Head of the relevant agencymust be included in writing; f) To coordinate with the Chairpersons of People's Committees of provinces andcities directly under the Central Government to implement social insurancepolicies and systems at the local level in accordance with the law; g) To coordinate with the heads of trade unions and other social organizationsat the central and provincial levels while performing the tasks of the VietnamSocial Security; create conditions for these organizations to operate andparticipate in management.

Organizing social security at the provincial and district levels.

1. Provincial Social Security and District Social Security are organized andoperated according to the regulations of the General Director; 2. Provincial Social Security and District Social Security have legal personality,seals, accounts, and separate offices;

Article 9.Credit organizations on 3. The General Director specifies the functions, tasks, organizational structure,staffing, appointment, dismissal, rewards, and disciplinary actions for managementstaff, and sets the operating budget for Provincial Social Security and DistrictSocial Security; decides on the establishment and dissolution of Provincial SocialSecurity and District Social Security in cases of administrative unit mergers ordissolutions at the provincial and district levels as decided by competentauthorities.

Organizational structure of the Vietnam Social Security.

1. Policy and System Department;

2. Planning and Finance Department;

Article 10.Cơ 3. Social Insurance Collection Department;

4. Social Insurance Payment Department;

5. Voluntary Social Insurance Department;

6. Medical Examination and Appraisal Department;

7. Social Insurance Publicity Department;

8. International Cooperation Department;

9. Cadre Organization Department;

10. Inspection Department;

11. Office;

12. Social Security Science Research Center; 13. Information Technology Center;

14. Social Security Training and Professional Development Center;

15. Archive Center;

16. Social Security Newspaper;

17. Social Security Magazine.

The General Director specifies the functions, powers, organizational structure,staffing, appointments, dismissals, rewards, and disciplinary actions formanagement staff of the units specified in this Article.

The General Director is responsible for reorganizing health insurance in certainexisting sectors.

Effective date of enforcement.

This Decree takes effect fifteen days from the date of signature.

Abolish Decree No. 19/CP dated February 16, 1995 of the Government on theestablishment of the Vietnam Social Security; Article 5, Article 25, Clause 2 ofArticle 26, and Articles 27, 28, and 29 of the Health Insurance Charter issuedalong with Decree No. 58/1998/NĐ-CP dated August 13, 1998 of the Government;Decision No. 606/TTg dated September 26, 1995 of the Prime Minister on theRegulations on the organization and operation of the Vietnam Social Security andprevious regulations inconsistent with this Decree.

Responsibility for enforcement.

Article 11. Ministers, Heads of Ministries equivalent to Ministries, Heads of Governmentagencies, Chairpersons of People's Committees of provinces and cities directlyunder the Central Government, Chairman of the Management Board, and theGeneral Director of the Vietnam Social Security are responsible for enforcing thisDecree./.

This Decree shall take effect fifteen days from the date of signature.

Repeal Decree No. 19/CP dated February 16, 1995 of the Government on the establishment of the Vietnam Social Security; Article 5, Article 25, Clause 2 of Article 26, and Articles 27, 28, and 29 of the Health Insurance Charter issued together with Decree No. 58/1998/NĐ-CP dated August 13, 1998 of the Government; Decision No. 606/TTg dated September 26, 1995 of the Prime Minister on the issuance of the Regulations on the Organization and Operation of the Vietnam Social Security and previous provisions contrary to this Decree. Responsibility for implementation.

Article 12.TheMinisters

, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of People's Committees at provincial level and municipal level under central governance, Chairmen of Management Councils, and General Directors of the Vietnam Social Security are responsible for implementing this Decree./.