Circular No. 122/2020/TT-BCA on the procedures for social insurance benefits in the People's Public Security Force

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. procedure handling

social insurance benefits Industry and the People's Public Security Force

Pursuant to the Social Insurance Law dated November 20, 2014;

Pursuant to the Labor Safety Law dated June 25, 2015;

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

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 Social Insurance Law on mandatory social insurance for military personnel, public security officers, and civil servants working in confidential services with salaries equivalent to those of military personnel;

Pursuant to Decree No. 37/2016/NĐ-CP dated May 15, 2016 of the Government detailing and guiding the implementation of certain provisions of the Labor Safety and Health Law on mandatory work injury and occupational disease insurance;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Cadre Organization Department;

The Minister of Public Security issues this Circular prescribing the procedure for handling social insurance benefits for public security officers.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the procedure for handling sickness and maternity leave benefits; recuperation and health recovery; work injury and occupational disease benefits; retirement and death benefits for public security officers.

Article 2. Applicability

1. Officers, non-commissioned officers in specialized positions; officers, non-commissioned officers in technical positions; non-commissioned officers and conscripted soldiers in public security forces.

2. Students at public security institutions receiving living expenses while studying at public security schools or being trained at external institutions.

3. Public security workers, temporarily recruited citizens, and individuals employed under labor contracts within the public security forces. Subjects mentioned in Clauses 1, 2, and 3 of this Article shall collectively be referred to as workers.

4. Relatives of workers.

5. Units directly under the Ministry; provincial public security organs; enterprises and public service units within the public security forces (hereinafter collectively referred to as public security units and localities).

6. Organizations and individuals related to the handling of social insurance benefits as prescribed in this Circular.

Article 3. Abbreviations and explanations of terms

1. Abbreviations

a) BHXH: Social Insurance.

b) TNLĐ: Work Injury.

c) BNN: Occupational Disease.

d) KNLĐ: Work Capacity.

đ) GĐYK: Medical Examination.

e) TNGT: Traffic Accident.

g) DSPHSK: Recuperation and Health Recovery.

h) PTTGSH: Living Assistance Devices.

i) Labor Safety and Health Law: Labor Safety and Health Law dated June 25, 2015.

k) Social Insurance Law: Social Insurance Law dated November 20, 2014.

2. Explanations of Terms Within the scope of this Circular, the following terms shall be understood as follows:

a) Public security at district level: Public security at district, county, town, city directly under province levels; departments and equivalent units within public security units and localities.

b) Organizational and cadres department: Department of Organization and Cadres or department performing organizational and cadre-related functions within public security units and localities.

c) Financial department: Finance Department or department performing financial functions within public security units and localities.

d) Provincial Social Insurance: Social Insurance at provincial and centrally-administered municipal levels.

đ) Public security student: Student at academies, universities, colleges; secondary school students at public security institutions.

e) Place of residence: Legal place of residence where the person resides regularly, either permanent or temporary residence as defined by the law on residence.

g) Certified copy: Copy certified from the original book or certified from the original or compared with the original.

h) Chapters, articles, clauses, points, and forms and tables cited in this Circular and accompanying forms and tables, if not specified otherwise, refer to those in this Circular.

i) Quantity of file components in this Circular, if not specifically stipulated, shall be understood as one copy.

Article 4. General Provisions

1. The number of files for social insurance benefits for work-related injury, occupational disease, retirement, and survivor's pension is the social insurance number.

2. Files for resolving social insurance benefits shall be managed, stored, accessed, and utilized according to the file management system for cadres in the People's Public Security.

3. In the process of resolving and disbursing social insurance benefits, if false files or signs of fraud, anomalies, or errors are discovered, they must immediately report to the Head of the Public Security unit or locality or the Director of the Social Insurance of the People's Public Security for timely guidance and resolution in accordance with the law.

4. In cases where social insurance benefits are resolved incorrectly leading to incorrect disbursement to the wrong recipients or exceeding the prescribed amount, the full amount of the incorrect disbursement must be recovered according to the principle that the department or individual responsible for the error at the relevant stage is responsible for recovery; if the amount cannot be recovered, the individual responsible for the error must compensate the unrecovered amount in full according to the law.

5. The database for resolving social insurance benefits for workers is centrally managed at the Social Insurance of the People's Public Security.

6. In cases where the files serving as the basis for resolving social insurance benefits for workers and their dependents are issued by foreign authorities, they must be translated into Vietnamese and certified in accordance with Vietnamese law.

7. For file components specified in this Circular that are not designated as copies, they are understood to be originals. For other file components and forms established or issued by the Social Insurance of the People's Public Security, they are originals.

8. Assign to Public Security units and localities:

a) To review, establish files for resolving and deciding on the disbursement of one-time social insurance benefits from the social insurance fund for non-commissioned officers, conscripts, and students of the People's Public Security receiving living expenses; sick leave, maternity leave, purchase allowance for prosthetic devices, orthopedic appliances; disability allowance.

b) To introduce workers and their dependents to the Medical Examination Board with authority for medical examination to determine the degree of reduced working capacity as the basis for resolving social insurance benefits.

c) To implement file storage; disburse social insurance benefits, and settle medical examination costs for workers and their dependents within the unit, ensuring convenience, strictness, compliance with regulations, and suitability with the organizational structure of the unit.

Article 5. System of Forms and Templates

1. Attached to this Circular is the Appendix Listing of Forms and Templates.

2. Application forms, declaration forms, and guiding documents in this Circular may be printed, photocopied, typed, or handwritten according to the prescribed template content.

3. The content recorded and confirmed on forms and templates for resolving social insurance benefits shall be printed from the People's Public Security Social Insurance software.

4. The discharge certificate, birth certificate, certificate of absence from work to receive social insurance, and certificate of absence from work for pregnancy care, certificate of insufficient health to care for children after childbirth, and copy of medical records issued by healthcare facilities shall be implemented in accordance with Circular No. 56/2017/TT-BYT dated December 29, 2017, of the Minister of Health detailing the implementation of the Social Insurance Law and the Labor Safety and Health Law in the field of health.

5. Template C70a-HD is the accounting voucher for social insurance issued together with Circular No. 102/2018/TT-BTC dated November 14, 2018, of the Minister of Finance guiding accounting for social insurance.

6. Template 04B-HBKV and Template 04C-HBKV are personal declaration forms about time and area of service in the Military with regional allowances issued together with Circular No. 181/2016/TT-BQP dated November 4, 2016, of the Minister of Defense guiding the procedures and responsibilities for resolving social insurance benefits in the Ministry of Defense.

Chapter II PROCEDURE FOR SETTLING SOCIAL INSURANCE BENEFITS

Article 6. Sick Leave Benefits

1. The employee and the employee's relatives shall submit to the Public Security Office at the place where the employee works the following documents:

a) In case of inpatient treatment: A copy of the discharge certificate of the employee or their child under seven years old. If the patient dies at the medical facility, it shall be replaced with a death certificate; if the death certificate does not indicate the admission time, there shall be additional documents from the medical facility indicating the admission time; if the patient is transferred for further examination and treatment during inpatient treatment, there shall be a copy of the transfer certificate or discharge certificate;

b) In case of outpatient treatment: The original certificate of leave for social insurance benefit. If both parents take leave to care for their child, the certificate of leave of either parent can be a copy; or a discharge certificate with a doctor's recommendation for additional leave after inpatient treatment;

c) In case the employee or their child receives medical treatment abroad, the file shall be replaced with a copy of the Vietnamese translation of the medical examination and treatment certificate issued by the foreign medical facility.

2. The Public Security Office at the district level shall receive from the employee and the employee's relatives the documents specified in Clause 1 of this Article; establish the List of Requests for Settlement of Sick Leave, Maternity Leave, Rest and Health Recovery Benefits (List 01-HSB) and submit it to the personnel organization agency.

3. The personnel organization agency shall receive the request file for settlement of sick leave benefits transferred by the Public Security Office at the district level; review, examine and establish a list of employees entitled to benefits according to Form C70a-HD; report to the Head of the Public Security unit or locality for signature and confirmation in accordance with regulations.

4. The financial agency shall base on the C70a-HD List approved and signed by the Head of the Public Security unit or locality; directly pay or transfer funds to the Public Security Office at the district level to pay allowances to the employee and the employee's relatives; recover the salary already received during sick leave days (if any) and notify the employee and the employee's relatives.

Article 7. Maternity Leave Benefits

1. The employee and the employee's relatives shall submit to the Public Security Office at the place where the employee works the following documents:

a) Female employees who undergo prenatal examinations, miscarriage, abortion, stillbirth, or pathological termination of pregnancy; employees who implement contraceptive measures;

- In case of inpatient treatment: A copy of the discharge certificate of the employee; if the patient is transferred for further examination and treatment during inpatient treatment, there shall be a copy of the transfer certificate or discharge certificate;

- In case of outpatient treatment: Certificate of leave for social insurance benefit or a copy of the discharge certificate with a doctor's recommendation for additional leave after inpatient treatment.

b) Female employees giving birth: A copy of the birth certificate or extract of the birth record or a copy of the birth certificate of the child;

- In case the child dies after birth, there shall be a copy of the death certificate or extract of the death record or a copy of the death notice of the child; if the child dies immediately after birth without being issued a birth certificate, it shall be replaced with an extract or summary of the medical record or discharge certificate of the mother or surrogate female employee indicating the child's death;

- In case the mother or surrogate female employee dies after giving birth, there shall be a copy of the death certificate or extract of the death record of the mother or surrogate female employee;

- In case the mother or surrogate mother is unable to care for the child after giving birth due to poor health, there shall be a medical examination and treatment record of the mother or surrogate mother;

- In case the female employee must take leave to rest during pregnancy as prescribed in Clause 3 of Article 31 of the Social Insurance Law, there shall be a copy of the discharge certificate or summary of the medical record indicating the leave for resting during pregnancy for inpatient treatment cases; certificate of leave for social insurance benefit indicating the leave for resting during pregnancy for outpatient treatment cases; medical examination and treatment record for cases requiring medical examination and treatment;

- In case the surrogate female employee gives birth or the surrogate mother receives the child, there shall be a copy of the agreement on surrogacy for humanitarian purposes as stipulated in Article 96 of the Marriage and Family Law 2014; document confirming the handover time of the child between the surrogate mother and the surrogate female employee.

c) Employees adopting a child under six months old: A copy of the adoption certificate.

d) Male employees or husbands of surrogate female employees taking leave when their wife gives birth: A copy of the birth certificate or a copy of the birth record or extract of the birth record of the child; if the child is born through surgery or is less than 32 weeks old and the birth certificate does not indicate this, there shall be additional documents from the medical facility indicating the surgical birth or birth of a child under 32 weeks; if the child dies after birth without being issued a birth certificate, it shall be replaced with an extract or summary of the medical record or discharge certificate of the mother or surrogate female employee indicating the child's death.

đ) Male employees or husbands of surrogate mothers receiving a one-time allowance when their wife gives birth: A copy of the birth certificate or a copy of the birth record or extract of the birth record of the child. If the child dies after birth without being issued a birth certificate, it shall be replaced with an extract or summary of the medical record or discharge certificate of the mother or surrogate female employee indicating the child's death.

e) In case male employees simultaneously enjoy leave and a one-time allowance when their wife gives birth, the file shall be established in one set.

2. The Public Security Office at the district level shall receive from the employee and the employee's relatives the documents specified in Clause 1 of this Article; establish List 01-HSB and submit it to the personnel organization agency.

3. The personnel organization agency shall receive the request file for settlement of maternity leave benefits transferred by the Public Security Office at the district level; review, examine and establish a list of employees entitled to benefits according to Form C70a-HD; report to the Head of the Public Security unit or locality for signature and confirmation in accordance with regulations.

4. The financial agency shall base on the List C70a-HD which has been approved and signed by the Head of the local police unit; directly or transfer funds to the county-level police for payment of allowances to workers and their dependents; recover wages enjoyed during the days off for prenatal checkups, miscarriages, abortions, stillbirths, and contraceptive measures, and during the months off for childbirth and adoption (if applicable); notify the workers and their dependents accordingly.

Article 8. Rest and health recovery system

1. Workers who wish to take rest and recover their health after illness, maternity leave, occupational accidents, or occupational diseases shall report to the county-level police where they work.

2. The county-level police shall base on the worker's health condition and rest and recovery conditions as prescribed, prepare the List 01-HSB and submit it to the organizational personnel agency.

3. The organizational personnel agency shall receive the List 01-HSB transferred from the county-level police; review, examine, approve, and prepare the list of workers entitled to benefits according to the model C70a-HD; report to the Head of the local police unit for signature and confirmation as prescribed.

4. The financial agency shall base on the List C70a-HD which has been approved and signed by the Head of the local police unit; directly or transfer funds to the county-level police for payment of allowances to workers.

Article 9. Occupational accident and occupational disease system

1. Workers and their dependents are responsible for submitting three copies of each file component (except point d of this clause) to the county-level police where the worker is employed, specifically as follows:

a) In case of first-time occupational accident or occupational disease

- A copy of the discharge certificate or abstract of the medical record after treatment for occupational accident or occupational disease if hospitalized. If suffering from occupational disease without hospitalization, there should be an additional occupational disease examination certificate;

- The appraisal report on the degree of loss of working capacity issued by the Appraisal Council, or a copy of the certificate of HIV/AIDS infection due to occupational risk (equivalent to a 61% loss of working capacity); if the appraisal results in a higher percentage of loss of working capacity than 61%, then the application for occupational disease benefits must include the appraisal report;

- If the appraisal fee is paid, there should be an additional invoice and receipt for the appraisal fee, along with a detailed list of the appraisal contents provided by the appraisal institution (one original, two copies).

b) In case of re-appraisal after recurrence of injury or illness

- The most recent appraisal report on the degree of loss of working capacity issued by the Appraisal Council for cases that have been appraised but do not meet the criteria for benefit entitlement;

- The re-appraisal report on the degree of loss of working capacity after recurrence of injury or illness issued by the Appraisal Council;

- If the appraisal fee is paid, there should be an additional invoice and receipt for the appraisal fee, along with a detailed list of the appraisal contents provided by the appraisal institution (one original, two copies).

c) In case of comprehensive appraisal due to subsequent occupational accident or occupational disease after previous ones

- A copy of the discharge certificate or abstract of the medical record after the last hospitalization for treatment of occupational accident or occupational disease;

- The comprehensive appraisal report on the degree of loss of working capacity issued by the Appraisal Council; if the previous occupational accident or occupational disease was appraised but did not meet the criteria for benefit entitlement, there should be an additional appraisal report from that appraisal;

- A copy of the file for receiving occupational accident or occupational disease benefits if previously received such benefits;

- If the appraisal fee is paid, there should be an additional invoice and receipt for the appraisal fee, along with a detailed list of the appraisal contents provided by the appraisal institution (one original, two copies).

d) In case of occupational disease when no longer working in jobs with occupational disease risks

- Occupational disease examination file;

- The worker's application form according to model 05B-HSB;

- The appraisal report on the degree of loss of working capacity issued by the Appraisal Council;

- If the appraisal fee is paid, there should be an additional invoice and receipt for the appraisal fee, along with a detailed list of the appraisal contents provided by the appraisal institution (one original, two copies).

đ) Provision of prosthetic devices and orthopedic appliances

- Prescription from a medical facility, orthopedic facility, or rehabilitation facility regarding the provision of prosthetic devices and orthopedic appliances;

- For cases requiring artificial eye installation, there should be an original receipt for the artificial eye installation;

- Train or bus tickets for travel if travel expenses are reimbursed (if applicable);

- For cases receiving occupational accident or occupational disease benefits before January 1, 2007, and requesting further provision of prosthetic devices: receipts for purchasing the devices and train or bus tickets for obtaining or receiving the devices (if applicable).

2. The county-level police shall receive the documents specified in Clause 1 of this Article from the workers and their dependents and transfer them to the organizational personnel agency; if the file is incomplete or incorrect, return it to the applicant and guide them to complete the file.

3. The organizational personnel agency shall receive the file transferred from the county-level police; review, print the required forms from the Police Social Insurance software as prescribed in points d and đ of this clause, submit to the Head of the local police unit for signature and confirmation within their authority; prepare the file for processing occupational accident and occupational disease benefits to be submitted to the Police Social Insurance including:

a) The request letter from the Head of the local police unit;

b) The Social Insurance book;

c) The file specified in Clause 1 of this Article, accompanied by supporting documents for the file preparation;

d) The social insurance contribution history (three copies for one-time benefits; five copies for monthly benefits);

đ) The decision on entitlement to monthly or one-time occupational accident and occupational disease benefits;

e) In cases of occupational accident or occupational disease at another unit previously but not yet resolved, there should be an additional resolution request from the unit where the accident occurred;

g) In cases of re-appraisal:

- The investigation report on the occupational accident or a copy of the environmental measurement results with harmful factors for cases discharged before July 1, 2016, where the previous appraisal did not meet the criteria for benefit entitlement;

- A copy of the scene examination report or scene diagram of traffic accidents or the traffic accident report from the police or military criminal investigation agency for traffic accidents before July 1, 2016, determined as occupational accidents;

h) In cases of comprehensive appraisal:

- Record of occupational accident investigation; if it is a traffic accident, there shall be an additional copy of the Traffic Accident Scene Examination Report, Traffic Accident Scene Diagram, or Traffic Accident Record issued by the police agency or military criminal investigation agency for cases of occupational accidents where treatment was completed and discharge occurred before July 1, 2016, without having been assessed for the degree of work capacity impairment.

- A copy of the environmental measurement results containing harmful factors for cases of occupational diseases where treatment was completed and discharge occurred before July 1, 2016, without having been assessed for the degree of work capacity impairment.

i) In cases where monthly benefits are received concurrently with relocation to place of residence, there shall be an additional Notification of Transfer to Receive Pension or Social Insurance Allowance.

k) Electronic social insurance data extracted from the People's Public Security Social Insurance Software.

4. The People's Public Security Social Insurance receives from public security units and localities the files stipulated in Clause 3 of this Article and shall implement as follows:

a) Update electronic social insurance data transferred from public security units and localities into the People's Public Security Social Insurance Software for management, storage, and as a basis for reviewing social insurance benefit application files in accordance with regulations.

b) Review and issue: Decision on Benefits; Benefit Contribution History; Notification of Transfer to Receive Pension or Social Insurance Allowance and other related documents (if any).

c) Store the resolved file (one set); the components of the stored file shall comply with the provisions at points a, c, d, đ, e, g, h of Clause 3 of this Article.

đ) Digitize the resolved file for management, storage, and transfer to the Vietnam Social Security in accordance with regulations.

e) Transfer the resolved file (excluding the stored file) and other related documents (if any) to the public security units and localities. For cases that do not meet the conditions for resolution, provide a written response and clearly state the reasons.

5. After receiving the resolved file from the People's Public Security Social Insurance, public security units and localities shall instruct the organizational personnel department and financial department to implement as follows:

a) Directly pay or transfer funds to the county-level public security unit to pay for workers and their dependents who receive occupational accident benefits or occupational disease benefits.

b) Store one set of the file at the unit, with components complying with the provisions at points a, b, c, d, đ, e, g, h of Clause 3 of this Article.

c) Seal one set of the file, with components complying with the provisions at points a, c, d, đ, e, g, h, i of Clause 3 of this Article for cases where monthly benefits for occupational accidents or occupational diseases are received concurrently with relocation to place of residence; send via postal service or hand over to the worker or their dependent to the provincial social insurance office at the place of residence to complete registration, management, and payment of social insurance benefits in accordance with regulations.

d) Hand over one set of the file to the worker or their dependent for storage; the components shall comply with the provisions at points d, đ, e, g, h of Clause 3 of this Article.

Article 10. Retirement Benefits

1. Workers and their dependents are responsible for submitting the following documents to the county-level public security unit:

a) Original Disability Assessment Record of the Medical Evaluation Board (or a copy if the worker has previously used the Disability Assessment Record for other policies and meets the conditions for retirement due to disability) for those retiring due to disability or a certificate of HIV/AIDS infection due to occupational risk (equivalent to a disability level of 61% or higher) for those retiring due to HIV/AIDS infection caused by occupational risk (three copies).

b) Personal declaration regarding time and area of service in the military with regional allowance according to the model, if applicable (one original and two copies).

c) Application form and Power of Attorney for cases serving imprisonment sentences starting from January 1, 2016, during which they meet the conditions for retirement benefits (three copies).

d) If paying for the assessment, include the invoice, receipt for assessment fees, and list of assessment contents from the assessment facility (one original and two copies).

2. The county-level police shall receive the documents specified in Clause 1 of this Article from the workers and their dependents and transfer them to the organizational personnel agency; if the file is incomplete or incorrect, return it to the applicant and guide them to complete the file.

3. The organizational personnel department receives the file from the county-level public security unit; reviews and prints the forms specified in points c, d, đ of this clause from the People's Public Security Social Insurance Software, submit them to the head of the public security unit or locality for signature and confirmation within their authority; establish the retirement benefit resolution file to transfer to the People's Public Security Social Insurance before 90 days from the date of benefit commencement, including:

a) Social Insurance Book.

b) Decision to retire, resign, terminate employment contract to receive retirement benefits (three copies).

c) Benefit Contribution History (five copies).

d) Decision on Monthly Retirement Benefit.

đ) Notification of Transfer to Receive Pension or Social Insurance Allowance.

e) File specified in Clause 1 of this Article along with supporting documents for establishing the resolution file (promotion decision, salary increase, appointment...).

g) Electronic social insurance data extracted from the People's Public Security Social Insurance Software.

4. The People's Public Security Social Insurance receives from public security units and localities the files stipulated in Clause 3 of this Article and shall implement as follows:

a) Update electronic social insurance data transferred from public security units and localities into the People's Public Security Social Insurance Software for management, storage, and as a basis for reviewing social insurance benefit application files in accordance with regulations.

b) Review and issue the Decision on Retirement Benefit; Notification of Transfer to Receive Pension or Social Insurance Allowance; Benefit Contribution History and other related documents (if any).

c) Store the resolved file (one set); the components of the stored file shall comply with the provisions at points a, b, c of Clause 1 and points b, c, d of Clause 3 of this Article.

đ) Digitize the resolved file for management, storage, and transfer to the Vietnam Social Security in accordance with regulations.

e) Transfer the resolved file (excluding the stored file) to public security units and localities. For cases that do not meet the conditions for resolution, provide a written response and clearly state the reasons.

5. After receiving the resolved file from the People's Public Security Social Insurance, public security units and localities shall instruct the organizational personnel department and financial department to implement as follows:

a) Directly pay or transfer funds to the county-level public security unit to pay for workers and their dependents who receive one-time social insurance benefits upon retirement.

b) Seal one set of the monthly pension file, with components complying with the provisions at points a, c of Clause 1 and points b, c, d, đ of Clause 3 of this Article, send via postal service or hand over to the worker or their dependent to the provincial social insurance office at the place of residence to complete registration, management, and payment of monthly pension in accordance with regulations.

c) Store one set of the file at the unit, with components complying with the provisions at points a, b, c, d, e of Clause 3 of this Article.

d) Hand over one set of the file to the worker or their dependent, with components complying with the provisions at points c, d of Clause 3 of this Article.

đ) Prepare a record for cases where a written notification has been made but the individual does not accept the decision on retirement benefits; simultaneously seal the file with the notification and send it to the provincial social insurance office at the place of residence of the beneficiary.

Article 11. One-time social insurance regime

1. Workers and their dependents are responsible for submitting the following documents to the county-level public security unit:

a) Application form according to model 14-HSB (two copies).

b) Personal declaration regarding time and area of service in the Military with regional allowance according to the model, if applicable (one original copy, one copy).

c) In cases where workers emigrate abroad for permanent settlement, they must additionally provide a certified copy of the document confirming the loss of Vietnamese citizenship issued by the competent authority, or a Vietnamese translation certified (notarized) of one of the following documents: passport issued by a foreign country; visa issued by a foreign competent authority confirming permission to enter the country for permanent settlement; document confirming application for foreign citizenship; document confirming or residence permit valid for at least five years issued by a foreign competent authority (two copies).

d) In cases where individuals suffer from life-threatening diseases such as cancer, polio, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS, and are unable to independently control or perform daily activities such as walking, dressing, personal hygiene, and other activities necessary for daily living, they must provide a summary of their medical records showing their inability to self-care; if suffering from other diseases, this should be replaced by a Medical Assessment Report by the Medical Examination Board indicating a reduction in labor capacity of 81% or more and inability to independently control or perform daily activities such as walking, dressing, personal hygiene, and other activities necessary for daily living (one original copy, one copy).

e) If payment for medical examination is made, there must be an invoice and fee receipt for the examination; a list of examination contents provided by the medical examination facility (one original copy, one copy).

2. The county-level police shall receive the documents specified in Clause 1 of this Article from the workers and their dependents and transfer them to the organizational personnel agency; if the file is incomplete or incorrect, return it to the applicant and guide them to complete the file.

3. The personnel organization agency receives the file from the local police department; reviews and prints the required forms from the Police Social Insurance software as stipulated in points c and d of this clause, to be signed and confirmed by the head of the local police unit; establishes a file to process the one-time social insurance benefit and transfers it to the Police Social Insurance including:

a) Social Insurance Book.

b) Discharge decision, resignation decision, or termination of employment contract document.

c) Social insurance contribution history (three copies).

d) Decision on one-time social insurance benefit payment (or Claim Form for one-time social insurance benefit for those receiving subsistence allowance).

e) File as prescribed in Clause 1 of this Article along with supporting documents for establishing the file (promotion decision, salary increase decision, appointment decision...).

f) Electronic social insurance data extracted from the Police Social Insurance software.

4. The Police Social Insurance receives the file as prescribed in Clause 3 of this Article from the local police unit and performs:

a) Updating electronic social insurance data transferred from the local police unit into the Police Social Insurance software for management, storage, and as a basis for reviewing social insurance benefit claims as prescribed.

b) Reviewing, signing, and issuing the Decision on one-time social insurance benefit; Social insurance contribution history and related documents (if any).

c) Storing the processed file (one set); components of the stored file as prescribed in points b, c, d of Clause 3 of this Article.

đ) Digitize the resolved file for management, storage, and transfer to the Vietnam Social Security in accordance with regulations.

d) Transferring the processed file (excluding the stored file) back to the local police unit. For cases that do not meet the conditions for processing, a written response must be given with clear reasons.

5. After receiving the resolved file from the People's Public Security Social Insurance, public security units and localities shall instruct the organizational personnel department and financial department to implement as follows:

a) Directly disbursing or transferring funds to the local police department to disburse one-time social insurance benefits to workers and their dependents.

b) Storing one set of files at the unit as prescribed in points a, b, c, d, e of Clause 3 of this Article.

c) Handing over one set of files to the worker or their dependent as prescribed in points c, d of Clause 3 of this Article.

d) Preparing a record for cases where the one-time social insurance benefit has been processed but the recipient has not completed the claim procedure.

Article 12. Death Allowance System

1. The relatives of the worker shall be responsible for submitting to the Public Security Office at the district level the following documents:

a) A copy of the Death Certificate or Notice of Death, or Extract from the Death Registration, or a copy of the Court's Decision declaring death which has taken legal effect (three copies).

b) The relative's declaration form (three copies).

c) Personal declaration regarding the period and area of service in the Military where regional allowances were received, if applicable (one original copy, two copies).

d) The appraisal report on the degree of reduced working capacity issued by the Medical Examination Board for relatives with a reduction in working capacity of 81% or more (original copy, in cases where the worker already has an appraisal report for other policies and meets the conditions for receiving benefits, a copy may be substituted), or a copy of the certificate confirming severe disability (equivalent to a reduction in working capacity of 81% or more) in cases of monthly death allowance due to reduced working capacity (three copies).

đ) In cases of death due to occupational diseases, there will be an additional medical record of treatment for occupational diseases.

e) In cases of payment for medical examination fees, there will be an additional invoice and receipt for the medical examination fee; list of items examined by the medical examination facility (one original copy, two copies).

2. The county-level police shall receive the documents specified in Clause 1 of this Article from the workers and their dependents and transfer them to the organizational personnel agency; if the file is incomplete or incorrect, return it to the applicant and guide them to complete the file.

3. The personnel organization agency shall accept the file transferred from the Public Security Office at the district level; review and print the forms specified in points c, d, e of this clause from the Police Social Insurance software, submit them to the Head of the Public Security unit or locality for signature and confirmation within their authority; establish a file to settle the death allowance system to transfer to the Police Social Insurance including:

a) The request letter from the Head of the Public Security unit or locality (two copies).

b) The Social Insurance book;

c) The social insurance contribution history (three copies for a one-time allowance, five copies for a monthly allowance).

d) The decision to receive monthly or one-time allowance.

đ) In cases of death due to work-related accidents, there will be an additional accident investigation report.

e) Notification of transferring to receive pension or social insurance allowance for cases receiving monthly allowance.

g) The file stipulated in Clause 1 of this Article accompanied by documents serving as the basis for establishing the settlement file (promotion decision, salary increase, appointment...).

h) Electronic social insurance data extracted from the Police Social Insurance software.

4. The Police Social Insurance receives the file as prescribed in Clause 3 of this Article from the local police unit and performs:

a) Update electronic social insurance data transferred from public security units and localities into the People's Public Security Social Insurance Software for management, storage, and as a basis for reviewing social insurance benefit application files in accordance with regulations.

b) Review and issue the Decision to receive death allowance, Decision to receive funeral allowance; the social insurance contribution history and other related documents (if any).

c) Store the settled file (one set); the file components stored as prescribed in points a, b, c, d, đ of Clause 1 and points a, c, d, đ of Clause 3 of this Article.

đ) Digitize the resolved file for management, storage, and transfer to the Vietnam Social Security in accordance with regulations.

d) Transferring the processed file (excluding the stored file) back to the local police unit. For cases that do not meet the conditions for processing, a written response must be given with clear reasons.

5. After receiving the resolved file from the People's Public Security Social Insurance, public security units and localities shall instruct the organizational personnel department and financial department to implement as follows:

a) Directly or transfer funds to the Public Security Office at the district level to pay the one-time death allowance, funeral allowance, and one-time regional allowance (if any) to the relatives of the worker.

b) Seal one set of the file for the monthly death allowance system as prescribed in points a, b, c, d, đ of Clause 1 and points a, c, d, đ, e of Clause 3 of this Article; send it via postal service or hand it over to the worker's relatives to submit to the Social Insurance Office in their place of residence and complete the registration and management procedures for monthly death allowance payments according to regulations.

c) Store one set of the file at the unit as prescribed in points a, b, c, d, đ, g of Clause 3 of this Article.

d) Hand over one set of the file to the worker's relatives as prescribed in points c, d, đ of Clause 3 of this Article.

đ) Prepare a record for cases where a written notification was made but the individual did not receive the decision on the death allowance system; seal the file for the monthly death allowance along with the notification and send it to the Social Insurance Office in the place of residence of the beneficiary.

Article 13. Social insurance regime for workers sentenced to imprisonment from January 1, 1995 onwards or disciplined with termination of employment, deprived of the title of People's Police, illegally leaving the country, or declared missing by the court and now legally residing in the country or returned after being declared missing or deceased.

1. Workers and their dependents are responsible for submitting the following specific documents to the Public Security Office at the district level:

a) Application form according to model 14-HSB.

b) File consistent with the benefit regime prescribed in Clause 1 of Article 10 or Clause 1 of Article 11 or Clause 1 of Article 12.

c) One of the following documents: Decision on disciplinary action for cases of termination of employment or deprivation of the title of People's Police; Copy of the Court's decision declaring death, or revoking the decision declaring missing which has become legally binding for cases returning after being declared missing or deceased; Copy of the certificate of completion of serving the prison sentence, or copy of the amnesty release decision or copy of the decision exempting or temporarily suspending the execution of the prison sentence for cases sentenced to imprisonment from January 1, 1995 to before January 1, 2016, and at the time of applying for social insurance benefits have completed the prison sentence; Official document of the competent state agency regarding legal return to reside in the country for cases returning after illegal departure.

2. The county-level police shall receive the documents specified in Clause 1 of this Article from the workers and their dependents and transfer them to the organizational personnel agency; if the file is incomplete or incorrect, return it to the applicant and guide them to complete the file.

3. The organizational cadre agency receives the file transferred from the Public Security Office at the district level; reviews, prints from the People's Police Social Insurance software and establishes a file to process the social insurance benefit regime including:

a) Request document of the Public Security unit or local authority.

b) File prescribed in Clause 3 of Article 9 or Clause 3 of Article 10 or Clause 3 of Article 11 or Clause 3 of Article 12 consistent with the social insurance benefit regime.

4. People's Police Social Insurance receives the file prescribed in Clause 3 of this Article; reviews, signs and issues decisions on benefits and related documents, implements archiving of files as prescribed in Clauses 4 of Article 9, Clause 4 of Article 10, Clause 4 of Article 11, Clause 4 of Article 12 consistent with the social insurance benefit regime.

5. The Public Security unit or local authority re-receives the file from People's Police Social Insurance, assigns the organizational cadre agency and financial department to implement payment of social insurance allowances to workers and their dependents and archive files as prescribed in Clauses 5 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 5 of Article 12 consistent with the social insurance benefit regime.

Article 14. Suspension, continuation, adjustment, cancellation, termination of benefits

1. Workers and their dependents are responsible for submitting the file requesting suspension, continuation, adjustment, cancellation, or termination of benefits to the Public Security Office at the district level as follows:

a) Application form according to model number 14-HSB (for individual cases with personal wishes).

b) Documents and papers serving as the basis for suspension, continuation, adjustment, cancellation, or termination of benefits.

2. Public Security units and localities, People's Police Social Insurance are responsible for receiving, completing, reviewing, signing and issuing decisions on suspension, continuation, adjustment, cancellation, or termination of benefits and conducting recovery or refund to workers as prescribed.

Article 15. Reporting System

1. Public Security units and localities prepare the Summary Payment Table for social insurance benefits as prescribed in Circular No. 62/2012/TT-BCA dated October 18, 2012 of the Minister of Public Security on management of mandatory social insurance revenue and expenditure in the People's Police, send to People's Police Social Insurance (H01) for consolidation and settlement.

2. People's Police Social Insurance transfers to Vietnam Social Security:

a) One set of files for monthly pension and social insurance allowance benefits resolved in the previous quarter (before the 10th day of the first month of the quarter).

b) Report summarizing the resolution of social insurance benefit regimes for the previous year (before January 10 each year).

c) Social insurance data resolved in the previous month for cases of retention, retirement, death, one-time social insurance (before the 10th day of each month).

Chapter III IMPLEMENTATION PROVISIONS

Article 16. Transitional Provisions

1. Workers suffering from occupational accidents or occupational diseases who were discharged from hospital before July 1, 2016 without having been resolved shall follow the previous regulations for processing.

2. The provisions stipulated in Clause 5 of Article 4; Point k of Clause 3 of Article 9; Points a and d of Clause 4 of Article 9; Point g of Clause 3 of Article 10; Points a and d of Clause 4 of Article 10; Point e of Clause 3 of Article 11; Points a and d of Clause 4 of Article 11; Point h of Clause 3 of Article 12; Points a and d of Clause 4 of Article 12 shall be implemented upon receipt of guidance documents from People's Police Social Insurance.

3. In case there are changes, supplements, or replacements in normative legal documents and forms referred to in this document, the new regulations shall apply.

Article 17. Effective Date

1. This Circular takes effect from December 26, 2020.

2. Circular No. 29/2015/TT-BCA dated July 1, 2015 of the Minister of Public Security on the file and procedure for resolving social insurance benefit regimes in the People's Police and supplementary implementation guidance documents cease to be effective from the date this Circular takes effect.

Article 18. Responsibility for Implementation

1. People's Police Social Insurance (X01) is responsible for:

a) Directing, guiding, inspecting, and urging Public Security units and localities to implement this Circular.

b) Taking the lead and coordinating with relevant units to build and manage the People's Police Social Insurance data system and software to fully comply with this Circular.

c) Providing detailed guidance on the provisions stipulated in Clause 2 of Article 16 of this Circular.

2. Heads of Public Security units and localities, organizations, and individuals concerned are responsible for implementing this Circular. During the implementation, if there are difficulties or obstacles, Public Security units and localities should report to the Ministry of Public Security (through X01) for timely guidance.

During the implementation, if there are difficulties or obstacles, Public Security units and localities should report to the Ministry of Public Security (through X01) for timely guidance./.