Decree No. 19-CP Regarding the Establishment of the Vietnam Social Security on the Basis of Unifying Current Social Security Organizations at the Central and Local Levels

DECREE OF THE GOVERNMENT

On the establishment of the Vietnam Social Security

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Article 150 of the Labor Code;

Upon the proposal of the Minister, Head of the Organizational-Cadre Department of the Government,

DECREE

Article 1. Now, the Vietnam Social Security is established based on the unification of existing social security organizations at central and local levels under the Ministry of Labor, Invalids and Social Affairs and the Vietnam General Confederation of Labor to assist the Prime Minister in directing the management of the social insurance fund and implementing social insurance policies according to state laws.

Article 2. The Vietnam Social Security has legal personality, operates independently, and is protected by the State, has its own seal, bank account, and headquarters located in Hanoi City.

The social insurance fund is uniformly managed under the State's financial system.

Article 3. The Vietnam Social Security has the following tasks and powers:

1. Organizing the implementation of social insurance collection as prescribed by the Government, including the following sources of revenue:

c) State contributions and additional support to ensure the implementation of social insurance benefits for workers;

d) Interest income from the fund;

c) State contributions and additional support to ensure the implementation of social insurance benefits for workers;

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d) Other sources of revenue.

2. Managing the social insurance fund and organizing payments to workers participating in social insurance in full, conveniently, and within the prescribed time limits as stipulated in Articles 142, 143, 144, 145, and 146 of the Labor Code.

3. Having the right to refuse payment of social insurance benefits to beneficiaries when there is a conclusion from a competent state agency regarding fraudulent acts or falsification of documents; simultaneously issuing a notice of refusal to pay to the parties concerned, the employer, and the relevant legal authorities.

4. Compensating all incorrect income and expenditure related to social insurance regulations for social insurance participants and bearing legal responsibility.

5. Developing and implementing projects and measures to preserve and increase the value of the social insurance fund according to government regulations.

6. Submitting to the Prime Minister for decision on management cost standards; social insurance fund income and expenditure fee standards, and other related regulations concerning social insurance activities and their implementation.

7. Advising the Government and related state agencies on amending and supplementing social insurance policies to suit national conditions at each stage.

8. Implementing statistical work, accounting, and bookkeeping; guiding social insurance income and expenditure operations and inspecting their implementation. Organizing information dissemination and explanation of social insurance policies and regulations.

9. Inspecting the implementation of social insurance income and expenditure policies.

10. Promptly resolving complaints from social insurance participants regarding the implementation of social insurance policies and regulations.

11. Implementing international cooperation in social insurance affairs according to government regulations.

12. Managing personnel, officials, and material resources of the Vietnam Social Security according to state regulations.

Article 4. The Vietnam Social Security is directly guided by the Prime Minister; managed by the Ministry of Labor, Invalids and Social Affairs and related state management agencies; and supervised by trade union organizations.

Regarding the operating budget of the Vietnam Social Security's organizational structure, the Vietnam Social Security will unify with the Ministry of Finance to submit to the Prime Minister for decision in a separate document.

Article 5. Establishing the Management Board of the Vietnam Social Security as the highest management body of the Vietnam Social Security. The Management Board of the Vietnam Social Security performs the following main tasks: directing and supervising, inspecting income and expenditure, and fund management; deciding measures to preserve and increase the value of the social insurance fund; auditing and approving annual budgets; advising the Government and related state agencies on amending and supplementing social insurance policies; resolving complaints from social insurance participants; proposing the appointment and removal of the General Director and Deputy General Directors of the Vietnam Social Security.

Members of the Management Board include authorized representatives of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, the Vietnam General Confederation of Labor, and the General Director of the Vietnam Social Security.

The Management Board of the Vietnam Social Security has a Chairman, a Vice-Chairman, and members appointed and removed by the Prime Minister.

The supporting staff for the Management Board is arranged by the Vietnam Social Security.

Article 6. The Vietnam Social Security is organized vertically from central to local levels, with the following structure:

AT Central level is the Vietnam Social Security.

Provincial Social Security of centrally-administered cities.

County, District, City, and Province-level Social Security.

Article 7. The Vietnam Social Security is directly managed and directed by the General Director under the Chief Executive system. Supporting the General Director are Deputy General Directors.

The General Director oversees all activities of the Vietnam Social Security to fulfill the tasks and powers of the Vietnam Social Security as prescribed in Article 3 of this Decree, the Regulations on the Organization and Operation of the Vietnam Social Security, and decisions of the Vietnam Social Security Management Board.

The General Director and Deputy General Directors of the Vietnam Social Security are appointed and removed by the Prime Minister upon the recommendation of the Vietnam Social Security Management Board.

The detailed regulations on the organization and operation of the Vietnam Social Security (including the working regulations of the Vietnam Social Security Management Board) are decided by the Prime Minister upon the recommendation of the Vietnam Social Security Management Board and the review opinion of the Minister of the Government's Organization and Cadre Department.

Article 8. Chairman of the People's Committee of Quang Nam Province; Minister - Head of the Civil Service Department of the Government and heads of related agencies are responsible for implementing this Decree./.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of centrally-administered cities, and the Chairman of the Management Board of the Vietnam Social Security, the General Director of the Vietnam Social Security are responsible for enforcing this Decree./.