Decision No. 31/2011/QD-TTg on the public disclosure, transparency, inspection, and supervision of the implementation of laws on social security.

Pursuant to …;

REGULATIONS ON THE PUBLIC DISCLOSURE, TRANSPARENCY, INSPECTION, AND SUPERVISION OF THE IMPLEMENTATION OF LEGAL PROVISIONS ON SOCIAL SECURITY

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Prevention and Combating Corruption dated November 29, 2005;
Pursuant to Resolution No. 21/NQ-CP dated May 12, 2009 of the Government promulgating the National Strategy for Prevention and Combating Corruption until 2020;
Considering the proposal of the State Auditor General,

DECISION:

Article 1. Scope of Regulation

This Decision stipulates the public disclosure, transparency, inspection, and supervision of the implementation of legal provisions on social insurance; health insurance; assistance to beneficiaries of social welfare; preferential treatment for persons with meritorious service; mobilization, receipt, distribution, and utilization of voluntary contributions to support people in overcoming difficulties caused by natural disasters, fires, serious accidents, and patients suffering from severe diseases; activities of social funds, charitable funds, and social welfare institutions; and social programs (collectively referred to as legal provisions on social security).

The supervision activities of the National Assembly, National Assembly deputies, and People's Councils shall be carried out in accordance with the Law on Supervision Activities of the National Assembly and the Law on Organization of People's Councils and People's Committees.

Article 2. Applicability

This Decision applies to state management agencies; individuals, households, and groups benefiting from legal provisions on social security; organizations, entities, and individuals funding social security activities; and agencies conducting inspections and supervision of the implementation of legal provisions on social security within the field of social security.

Article 3. Purpose of Public Disclosure, Transparency, Inspection, and Supervision

1. Public disclosure, transparency, inspection, and supervision of the implementation of legal provisions on social security aim to ensure that these provisions are implemented according to their intended purposes and target groups; prevent violations and combat corruption and waste in the implementation of legal provisions on social security.

2. Public disclosure and transparency in the implementation of legal provisions on social security aim to help organizations, entities, and individuals fully and accurately understand the purpose, significance, and content of legal provisions; beneficiary groups and priority order; procedures, formalities, and timeframes for implementing legal provisions on social security.

3. Inspection of the implementation of legal provisions on social security aims to promptly identify difficulties and obstacles encountered during the implementation of legal provisions on social security; prevent legal violations and assess the effectiveness of the implementation of legal provisions on social security.

4. Supervision of the implementation of legal provisions on social security aims to monitor, review, and evaluate the activities of organizations, entities, and individuals in organizing the implementation, ensuring accuracy, timeliness, and effectiveness.

Article 4. Subjects of Public Disclosure and Transparency

The subjects responsible for public disclosure and transparency are organizations, entities, and units implementing legal provisions on social insurance; health insurance; assistance to beneficiaries of social welfare; preferential treatment for persons with meritorious service; mobilization, receipt, distribution, and utilization of voluntary contributions to support people in overcoming difficulties caused by natural disasters, fires, serious accidents, and patients suffering from severe diseases; activities of social funds, charitable funds, and social welfare institutions; and social programs.

Article 5. Forms of Publicity and Transparency

Within their functions and tasks, agencies, organizations, units, and individuals have the responsibility to publicize according to the content, target, purpose of publicity, and actual conditions by choosing from the following forms of publicity:

1. Announcing at meetings of agencies, organizations, and units.

2. Posting at the workplace of agencies, organizations, and units.

3. Notifying by written document to relevant agencies, organizations, units, and individuals.

4. Publishing publications.

5. Announcing on mass media.

6. Uploading on electronic information websites (if available).

7. Providing information upon request of agencies, organizations, and individuals.

Article 6. Content and Time for Publicity and Transparency

Agencies, organizations, units, and individuals must publicize the following contents:

a) Social security laws and regulations;

b) Agencies, organizations, units, and individuals responsible for implementing laws and regulations;

c) Conditions and standards of beneficiaries;

d) Files, procedures, methods of selecting beneficiaries, implementation deadlines;

đ) List of beneficiaries, priority order, benefit levels from legal provisions;

e) Reports on the results of implementing social security laws and regulations within thirty days from the date the final report is approved.

The time for publicity and transparency shall be at least five days from the date of implementation.

Article 7. Subjects of Inspection

1. Heads of state management agencies have the responsibility to organize inspections of the compliance with laws by agencies, organizations, units, and individuals under their jurisdiction in implementing social security laws and regulations.

2. Heads of agencies, organizations, and units implementing social security laws and regulations have the responsibility to regularly self-inspect the performance of unit tasks and staff members.

3. Organizations implementing mobilization, receipt, distribution, and utilization of voluntary contributions to support people have the responsibility to regularly inspect to ensure correct implementation of purposes and beneficiary targets.

Article 8. Forms of Inspection

1. Inspections are conducted in regular and surprise forms when there are signs of law violations or violations of this Decision.

2. Depending on actual circumstances, those responsible for inspection organize inspections according to this Decision and other related legal provisions.

Article 9. Content of Inspection

Those responsible for inspection organize inspections of the implementation of social security laws and regulations according to the following contents:

1. Contents, forms, and times of publicity and transparency in implementing social security laws and regulations.

2. Performance of duties and tasks of agencies, organizations, and individuals responsible for implementing social security laws and regulations.

3. Results of implementing social security laws and regulations and handling supervisory subjects' recommendations.

Article 10. Responsibilities of Agencies, Organizations, and Individuals Subject to Inspection

1. Provide complete, timely, and accurate information and documents related to the inspection content specified in Article 9 of this Decision to those responsible for inspection.

2. Explain issues related to the inspection content.

3. Timely implement inspection conclusions and recommendations and comply with decisions on handling inspection results.

Article 11. Handling of Inspection Results

Based on inspection results, those responsible for inspection specified in Article 7 of this Decision have the responsibility:

1. To publicize inspection results and the handling of inspection results according to the forms of publicity and transparency specified in Article 5 of this Decision.

2. To rectify the management work of implementing social security laws and regulations, guiding correct implementation of social security laws and regulations.

3. To apply measures within their authority to recover lost money and assets.

4. In case of discovering law violations, they shall transfer cases to inspection agencies or investigation agencies for handling according to the law depending on the nature and severity of the violations.

Article 12. Supervisory Subjects

1. State management agencies on social security shall supervise the implementation of laws on social security according to relevant legal documents.

2. The United Front at all levels and member organizations, social organizations, mass media, and press shall carry out supervision according to their functions, tasks, and authorities.

3. Citizens, individuals, and organizations directly supervise the implementation of laws on social security or supervise through the People's Inspectorate Committees in accordance with this Decision.

Article 13. Content of Supervision

Those responsible for supervision as stipulated in Article 12 of this Decision shall organize supervision of the implementation of laws on social security according to the following contents:

1. The implementation of transparency and public disclosure of laws on social security.

2. Performance of duties and tasks of agencies, organizations, and individuals responsible for implementing social security laws and regulations.

3. Lists of beneficiaries, priority order, and benefit levels from laws on social security.

4. The application of laws on social security to specific beneficiaries.

5. Progress and timeliness of organizing the implementation of laws on social security.

6. Results of implementing laws on social security.

7. Effectiveness of implementing laws on social security.

Article 14. Forms of Supervision

1. The implementation of laws on social security is subject to supervision by the United Front at all levels and member organizations, People's Inspectorate Committees, and social organizations through the following activities:

a) Receiving citizens' opinions and reflections, directly collecting information and documents to examine and monitor state agencies, organizations, units, and individuals responsible for implementing laws on social security.

b) Identifying violations of laws by state agencies, organizations, units, and individuals at commune, ward, town level in implementing laws on social security.

c) Directly proposing to the Chairman of the People's Council, the Chairman of the People's Committee at commune, ward, town level or competent agencies and organizations to consider and resolve issues related to the supervision content of the United Front at all levels and member organizations, People's Inspectorate Committees, and social organizations, and supervising the resolution of such proposals.

2. Supervision by mass media, press, and citizens through the following activities:

a) Participating in meetings discussing the implementation of laws on social security in the locality (when invited).

b) Collecting information related to the implementation of laws on social security from functional departments at the local level; through the activities of People's Councils and People's Committees at all levels; through meetings, conferences, seminars, and discussions related to the topic.

Article 15. Responsibilities of Supervisory Subjects

1. State management agencies have the responsibility to regularly monitor, urge, and guide state agencies, organizations, and individuals to ensure that social security regulations are applied correctly to the target groups, systems, standards, and quotas; promptly prevent violations during the implementation process.

2. The United Front at all levels and member organizations, social organizations, mass media, and press shall supervise according to the law to ensure the objectives and effectiveness of implementing laws on social security.

3. Citizens, individuals, and organizations have the responsibility to timely and truthfully reflect issues related to the implementation of laws on social security so that competent state agencies can consider and resolve them according to the law.

Article 16. Responsibilities of agencies, organizations, and individuals subject to supervision

1. Timely and fully provide information and documents related to the content of supervision as stipulated in Article 13 of this Decision to supervisory subjects.

2. Explain issues related to the content of supervision.

Article 17. Handling the results of supervision

Based on the results of supervision, recommendations from the All-Vietnam People's Front at all levels and its member organizations, the People's Inspectorate Committees, social organizations, citizens, individuals, competent authorities shall be responsible for promptly considering and resolving these recommendations or transferring them to inspection and investigation agencies for handling in accordance with the law.

Article 18. Effective Date

1. This Decision takes effect from July 20, 2011.

2. The Government Inspectorate, the Ministry of Labor - Invalids and Social Affairs, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-run city People's Committees are responsible for implementing this Decision./.