Joint Circular No. 125/TT-LB guiding the transfer of social insurance tasks, organization, and personnel from the Labor - Invalids and Social Affairs system and the Vietnam General Confederation of Labor to the Vietnam Social Security.

JOINT CIRCULAR

Issued by the Government Organization-Civil Service Board-Gov't Labour, War Invalids and Social Affairs Ministry No. 125/TT-LB dated June 24, 1995 Guidelines for transferring tasks, organization, and personnel of social insurance from the Labour - War Invalids and Social Affairs system and Vietnam General Labour Union to Vietnam Social Security Implementing Directive No. 1065/TCCB dated March 4, 1995 of the Prime Minister on implementing Decree No. 19/CP dated February 16, 1995 regarding the establishment of Vietnam Social Security, to enable Vietnam Social Security to commence operations promptly, the Government Organization-Civil Service Board, Gov't Labour, War Invalids and Social Affairs Ministry, and Vietnam General Labour Union provide guidelines for transferring tasks, organization, and personnel of social insurance under the Labour - War Invalids and Social Affairs system and Vietnam General Labour Union to Vietnam Social Security.

Article 1 of Decree No. 19/CP of the Government stipulates that Vietnam Social Security shall be established based on the unification of current social insurance organizations at central and local levels within the Labour - War Invalids and Social Affairs system and Vietnam General Labour Union to assist the Prime Minister in directing social insurance management work and implementing social insurance policies according to state laws.

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

Based on this Article, all organizations and personnel under the Labour - War Invalids and Social Affairs system and Vietnam General Labour Union from central to local levels currently undertaking the task of managing the Social Insurance Fund and implementing social insurance benefits shall be transferred to Vietnam Social Security.

The transfer must be conducted swiftly, comprehensively, clearly, ensuring that upon receiving the transfer, the tasks handed over by the Labour - War Invalids and Social Affairs sector and Vietnam General Labour Union can be immediately carried out without disrupting or hindering the implementation of social insurance benefits for workers.

2. The transfer shall be carried out directly at each level and in the following sequence:

a. At the Central level: The leadership of the Gov't Labour, War Invalids and Social Affairs Ministry and Vietnam General Labour Union shall hand over tasks, organization, and personnel to the General Director of Vietnam Social Security.

For national trade unions directly under Vietnam General Labour Union, they shall hand over to Vietnam Social Security.

The Government Organization-Civil Service Board shall witness the handover between relevant agencies.

b. At provincial level (referred to as province):

The Chairman of the Provincial People's Committee shall instruct the Director of the Provincial Labour, War Invalids and Social Affairs Department to hand over tasks, organization, and personnel of social insurance to the Director of the Provincial Social Security Office. The Chairman of the Provincial Labour Union shall hand over tasks, organization, and personnel of social insurance (excluding the hotel system and staff managing and serving the hotel system if any) to the Director of the Provincial Social Security Office.

Representatives of the Provincial People's Committee, the General Director of Vietnam Social Security, Vietnam General Labour Union, the Government Organization-Civil Service Board, and the Gov't Labour, War Invalids and Social Affairs Ministry shall witness the handover between agencies in some provinces with significant responsibilities for collecting and disbursing social insurance funds.

c. At district level (referred to as district):

- The Chairman of the District People's Committee shall authorize the Head of the District Labour, War Invalids and Social Affairs Office (or the Organizational-Labour Office) to hand over tasks, organization, and personnel to the Director of the District Social Security Office.

- The Chairman of the District Labour Union shall hand over tasks, organization, and personnel of social insurance (excluding the hotel system and staff managing and serving the hotel system if any) to the Director of the District Social Security Office.

Representatives of the District People's Committee, the Director of the Provincial Social Security Office, the Provincial Labour Union, the Provincial Labour, War Invalids and Social Affairs Department, and the Government Organization-Civil Service Board shall witness the handover between agencies.

II. CONTENT OF TRANSFER

1. Specific tasks being transferred from the Labour - War Invalids and Social Affairs sector and Vietnam General Labour Union to social security include:

a. Collecting social insurance contributions from employers and employees as prescribed by the Labour Code and other guiding documents for implementing laws on social insurance.

b. Disbursing social insurance payments according to social insurance benefits for participants currently being paid by the Labour - War Invalids and Social Affairs sector and Vietnam General Labour Union.

c. Directly settling accounts with the Ministry of Finance for social insurance payments for beneficiaries currently funded by the state budget from the date of direct receipt of the transfer.

d. Providing guidance on collection, disbursement, and management of the social insurance fund according to regulations of the Ministry of Finance.

e. Reviewing applications and procedures for social insurance benefits; deciding to issue retirement certificates, pensions, or accident and occupational disease cards in accordance with legal provisions from the date of receipt of the transfer.

f. Managing files and documents directly related to the rights and obligations of social insurance participants, including those managed by the Labour - War Invalids and Social Affairs sector and Vietnam General Labour Union (retirement, disability, accidents, occupational diseases, pensions, sickness, maternity) processed before the transfer.

g. Vietnam Social Security shall be responsible for continuing to resolve pending matters or unfinished business transferred by the Labour - War Invalids and Social Affairs sector or Vietnam General Labour Union, including the recovery of unpaid social insurance contributions from employers and employees.

2. Regarding organization:

2. On organization:

a. The Minister of Labor, Invalids and Social Affairs; the Director of the Department of Labor, Invalids and Social Affairs; the Chairman of the People's Committee of the district; the Chairman of the General Confederation of Labor; the Chairman of the National Trade Union; the Chairman of the Provincial Federation of Labor; the Chairman of the district shall decide to separate the department responsible for reviewing application files for social insurance benefits; collecting, disbursing social insurance; managing the fund, and managing the files of social insurance beneficiaries to transfer to the Vietnam Social Security.

b. For some provinces that have piloted the establishment of independent social insurance organizations under the Department of Labor, Invalids and Social Affairs, all organizational structures and personnel of such social insurance organizations shall be transferred to the Vietnam Social Security.

3. Regarding personnel:

Personnel shall be transferred according to the organizational structure of each level (the separated department), and all individuals belonging to that department shall be fully transferred and established into two lists as follows:

a. A list of those officially recruited and assigned to salary grades and steps within the authorized staffing plan of 1994 (in the prescribed format) accompanied by individual summary files.

b. A list of contractual employees approved in 1994 and contractual employees up to February 16, 1995 (clearly explaining any increase compared to 1994).

c. In cases where personnel are on leave awaiting disciplinary review, long-term study, or personal reasons for being abroad for three months or more, this shall be reviewed and agreed upon by the head of the transferring and receiving units. If agreement cannot be reached, it must be reported to the higher management authority for resolution while ensuring that workers do not lose their jobs due to the transfer of duties.

III. IMPLEMENTATION

1. To implement the transfer, the General Director of the Vietnam Social Security shall appoint the Director of the provincial social security after obtaining approval from the Management Board.

2. The transfer of tasks, organization, and personnel must be documented with signatures and seals of both transferring and receiving parties.

The Director of the provincial social security must compile and report to the General Director of the Vietnam Social Security about the transfer situation in the province.

The General Director of the Vietnam Social Security shall report the consolidated results of the transfer of tasks, organization, and personnel nationwide to the Management Board of the Vietnam Social Security, the Government’s Organizational and Cadre Department, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Vietnam General Confederation of Labor.

3. The transfer deadline is from the date this Circular is signed and issued, and must be completed no later than August 31, 1995..

During implementation, any issues encountered should be promptly reflected to the Government’s Organizational and Cadre Department, the Ministry of Labor, Invalids and Social Affairs, and the Vietnam General Confederation of Labor for coordination and resolution.

LIST

CIVIL SERVANTS AND STATE EMPLOYEES ENGAGED IN SOCIAL INSURANCE WORK