Decree No. 197/2025/ND-CP stipulates the procedures, formalities for establishment, working regime, responsibilities, operating expenses, and supporting staff of the Social Insurance Management Council.

                                                         DECREE                                                               

  Regarding the procedures and formalities for establishment,

operational regulations, responsibilities, operating expenses and support staff structure

of the Social Insurance Management Board 

^___________

Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Law on Local Administration Organization dated June 16, 2025;

Pursuant to the Social Insurance Law on June 29, 2024;

||| Based on the proposal of the Minister of Home Affairs;

The Government issues this Decree stipulating the procedures and formalities for establishment, operational regulations, responsibilities, operating expenses, and support staff structure of the Social Insurance Management Board.

Article 1. Position and Functions

1. The Social Insurance Management Board (hereinafter referred to as the Management Board) is organized at the national level and is responsible for assisting the Government,

2. The Management Board uses a seal with the National Emblem, with its headquarters located in Hanoi City.

3. The Management Board has the international trading name in English as Social Security Management Council (abbreviated as SSMC).

Article 2. Tasks, Authorities, and Responsibilities

The Management Board shall have the following tasks, authorities, and responsibilities:

1. Approving the following contents:

a) Strategies for developing the social insurance industry, long-term plans, five-year plans on implementing social insurance policies, unemployment insurance policies, health insurance policies, and long-term investment strategies before they are submitted to competent authorities for approval by the social insurance agency;

b) Annual plans on implementing social insurance policies, unemployment insurance policies, and health insurance policies;

c) Annual reports on the implementation of social insurance policies, unemployment insurance policies, and health insurance policies; management and utilization situations of social insurance funds, unemployment insurance funds, and health insurance funds before they are submitted to competent authorities by the social insurance agency;

d) Annual budgets for revenue and expenditure of social insurance funds, unemployment insurance funds, and health insurance funds; levels of expenditure for organizing and operating social insurance, unemployment insurance, and health insurance; final reports on expenditures for organizing and operating social insurance before they are submitted to competent authorities by the social insurance agency;

đ) Proposals and plans for preserving and growing social insurance funds, unemployment insurance funds, and health insurance funds;

e) Annual investment plans.

2. Deciding and being responsible to the Government for the investment portfolio, investment structure, and specific investment methods of social insurance funds, unemployment insurance funds, and health insurance funds based on proposals from the social insurance agency.

3. Supervising and inspecting the implementation by the social insurance agency of approved strategies, plans, and proposals.

4. Recommending state agencies with authority to develop, amend, and supplement social insurance policies, unemployment insurance policies, health insurance policies, social insurance development strategies, improve the organizational structure of the social insurance agency, management mechanisms, and utilization of social insurance funds, unemployment insurance funds, and health insurance funds.

5. Annually reporting to the Government and the Prime Minister on the results of operations, implementation of tasks, and authorities as prescribed by the Social Insurance Law and this Decree.

6. Performing other tasks and authorities assigned by the Government and the Prime Minister.

Article 3. Procedures and steps for establishment and composition of the Management Council

1. The Management Council shall be established by the Government, consisting of the Chairman who is the Minister of Finance; one Vice-Chairman responsible for specialized duties and other members.

2. Members of the Management Council include:

a) Deputy Minister of Home Affairs;

b) Deputy Minister of Health;

c) Deputy Minister of National Defense;

d) Deputy Minister of Public Security;

đ) Deputy Governor of the State Bank of Vietnam;

e) Deputy Chairman of the Vietnam General Confederation of Labor;

g) Deputy Chairman of the Vietnam Farmers' Union;

h) Deputy Chairman of the Vietnam Chamber of Commerce and Industry;

i) Deputy Chairman of the Vietnam Federation of Cooperatives;

k) Director of the Vietnam Social Security.

3. The Prime Minister shall appoint, dismiss, or remove from office the Chairman, the Vice-Chairman responsible for specialized duties, and other members of the Management Council upon the proposal of the Ministry of Home Affairs; the term of office of Management Council members is five years.

Article 4. Working regime of the Management Council

1. The Management Council operates under a collective system; it convenes regularly once every three months to examine and decide on issues within its tasks, powers, and responsibilities as stipulated in Article 2 of this Decree. For certain issues that do not necessarily require discussion at the meeting, the Chairman of the Management Council may decide to seek opinions in writing from each member of the Management Council. The Management Council may convene extraordinary meetings to address urgent matters when the Chairman or the Vice-Chairman responsible for specialized duties of the Management Council or more than half of the total number of Management Council members propose.

2. The Chairman of the Management Council or the Vice-Chairman responsible for specialized duties of the Management Council, authorized by the Chairman of the Management Council, is responsible for convening and chairing the Management Council meetings, directing the preparation of content and materials for the meetings. The content and materials of the meetings must be sent to the members of the Management Council at least five working days before the meeting date.

Members of the Management Council are responsible for studying and preparing to contribute opinions during discussions and the issuance of Resolutions of the Management Council. In necessary cases, based on actual circumstances and the content of specific issues, the Chairman of the Management Council may invite representatives of leaders of some relevant agencies or units or some suitable experts and scientific researchers to participate in the session on specific content. Invited participants have the right to express their opinions but do not have the right to vote.

3. A meeting of the Management Council can be held with the attendance of at least two-thirds (2/3) of the members of the Management Council. Resolutions of the Management Council must be approved by more than half of the total number of members of the Management Council. For absent members whose opinions are sought in writing, their written opinions will be considered. 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 Council.

Members of the Management Council bear individual responsibility and reserve their decisions and opinions when they are solicited in writing or voted through for tasks, powers, and responsibilities as stipulated in Article 20 of the Social Insurance Law and Article 2 of this Decree.

4. Within ten days from the end of the meeting or receiving sufficient written opinions from the members of the Management Council on the requested contents, the Resolution of the Management Council must be issued and sent to the members of the Management Council for implementation; simultaneously report

5. Members of the Management Council have the right to request the Director of the Vietnam Social Security to provide information and documents on matters within the scope of the Management Council's responsibilities and powers. The Director of the Vietnam Social Security has the responsibility to promptly, fully, and accurately provide information and documents on matters within the scope of the Management Council's responsibilities and powers according to the requests of the members of the Management Council.

6. Members of the Management Council representing ministries, sectors, and agencies enjoy remuneration and may use officials, civil servants, and public service officers from their own ministries, sectors, and agencies to assist in advisory work.

7. The Chairman of the Management Council is responsible for directing the drafting, reporting to the Management Council for issuing Regulations on the operation of the Management Council, Regulations specifying mechanisms for cooperation between the Management Council and related agencies and organizations, and other appropriate regulations in accordance with the law; organizational and operational regulations of the Management Council Office based on the unified approval of the Management Council.

Article 5. Relations between the Management Council and Ministries, sectors, agencies, and People's Committees of provinces and centrally governed cities

1. Within the scope of their assigned functions, tasks, and authorities as prescribed, the Management Council shall participate and coordinate with relevant ministries, sectors, agencies, and People's Committees of provinces and centrally governed cities in the development and implementation of social insurance, health insurance, and unemployment insurance systems and policies.

2. Relevant ministries, sectors, agencies, and People's Committees of provinces and centrally governed cities shall have the responsibility to cooperate and create favorable conditions for the Management Council to perform its functions, tasks, and authorities based on compliance with the law and the specific functions, tasks, and authorities of each agency.

Article 6. Supporting Machinery of the Management Council

1. The supporting machinery of the Management Council is the Management Council Office.

2. The Management Council Office shall be organized into functional units. The tasks and organization of the Management Council Office shall be decided by the Chairman of the Management Council based on the consensus of the Management Council.

3. The number of staff working at the Management Council Office shall be determined by the Chairman of the Management Council based on the consensus of the Management Council and shall be allocated within the total number of staff working at the Vietnam Social Security as authorized by the competent authority.

4. Staff working at the Management Council Office shall enjoy the same benefits and rights as those working at the Vietnam Social Security.

Article 7. Operating Expenses of the Management Council and its Supporting Machinery

1. The operating expenses of the Management Council and its supporting machinery shall be allocated from the budget for organizational and operational costs of social insurance, unemployment insurance, health insurance, and other lawful sources as prescribed by law.

2. The remuneration system, meeting system, and travel expenses of Management Council members shall fall under the purview of Decree No. 72/2017/NĐ-CP dated June 13, 2017, issued by the Government.

3. The management, utilization, and settlement of operating expenses of the Management Council and its supporting machinery shall be carried out in accordance with the regulations on organizational and operational costs of social insurance, unemployment insurance, health insurance, and other related laws.

Article 8. Effective Date

This Decree shall take effect from July 7, 2025.

Article 9. Responsibility for Implementation

The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, Chairman, Vice-Chairman of the Management Council, Management Council members, Chairmen of provincial and centrally governed city People's Committees, Heads of agencies and organizations, and related individuals shall be responsible for implementing this Decree.