Decision No. 606/TTg On the Issuance of the Regulations on the Organization and Operation of the Vietnam Social Security

Pursuant to …;

Regarding the issuance of the regulations on the organization and operation of the Vietnam Social Security

PRIME MINISTER

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

Pursuant to Decree No. 19-CP dated February 16, 1995 of the Government on the establishment of the Vietnam Social Security;

Considering the proposal of the Chairman of the Management Council of the Vietnam Social Security and the Minister, Head of the Organization and Cadre Department of the Government;

DECISION:

Article 1

The accompanying Decision promulgates the Regulations on the Organization and Operation of the Vietnam Social Security.

Article 2

The Chairman of the Management Council of the Vietnam Social Security and the General Director of the Vietnam Social Security shall be responsible for organizing and implementing these Regulations.

Article 3

These Regulations shall take effect from the date of issuance. The Chairman of the Management Council of the Vietnam Social Security, the General Director of the Vietnam Social Security, Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities shall be responsible for their implementation.

REGULATIONS

ORGANIZATION AND OPERATIONS OF THE VIETNAM SOCIAL SECURITY

(Issued together with Decision No. 606-TTg dated September 26, 1995 of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1

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

The Vietnam Social Security operates under the direct guidance of the Prime Minister, subject to state management by the Ministry of Labor, Invalids and Social Affairs, relevant state agencies, and supervision by trade unions.

Article 2

The Vietnam Social Security has legal personality, its own seal, separate accounts, and its headquarters is located in Hanoi.

The social insurance fund is independently accounted for and protected and uniformly managed by the state according to state financial regulations.

Article 3

The Vietnam Social Security is organized and managed through a centralized system from the central level down to districts, towns, and cities within provinces.

Article 4

The staffing and operating expenses of the Vietnam Social Security during the initial period will be provided by the state.

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

PART II

TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM SOCIAL SECURITY

Article 5

The Vietnam Social Security has the following tasks and powers:

1- Directing and organizing the collection of social insurance contributions in accordance with the Labor Code, the Social Insurance Charter, and government regulations.

2- Managing the social insurance fund and organizing the payment of social insurance benefits to insured individuals in a timely, convenient, and accurate manner.

3- Having the right to refuse payment of social insurance benefits to beneficiaries when there is a conclusion by a competent state agency regarding fraudulent behavior or falsification of documents to obtain such benefits, and simultaneously issuing a notice of refusal to the beneficiary, the employer, and the relevant legal authority.

4- Compensating all incorrect income and expenditure related to social insurance regulations for insured individuals and being held accountable under the law.

5- Developing and implementing projects and measures to preserve and increase the value of the social insurance fund in accordance with government regulations.

6- Submitting to the Prime Minister for decision on management cost standards, collection and expenditure quota standards for the social insurance fund, and other related regulations concerning social insurance operations and implementing such regulations.

7- Advising the Government and relevant state agencies on amending and supplementing social insurance policies and systems suitable for the country's conditions at each stage.

8- Maintaining records, issuing, and managing social insurance books.

9- Organizing statistical work, accounting, guiding social insurance collection and payment procedures, inspecting compliance, and organizing information dissemination and public awareness campaigns on social insurance policies.

10- Inspecting the implementation of social insurance contribution and benefit payment regulations.

11- Promptly resolving complaints from insured individuals regarding the implementation of social insurance policies and systems.

12- Implementing international cooperation in social insurance affairs in accordance with government regulations.

13- Managing personnel, finance, and material resources of the Vietnam Social Security in accordance with state regulations.

14- Regularly reporting on social insurance revenue, expenditure, and activities to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.

15- The Vietnam Social Security may directly engage with state agencies and people's organizations at central and local levels, and parties involved in social insurance to resolve issues related to social insurance in accordance with the Labor Code, the Social Insurance Charter, and these Regulations.

16- Performing other tasks assigned by the Prime Minister.

Article 6

The organizational structure of the Vietnam Social Security is as follows:

1- The Management Council of the Vietnam Social Security is the highest management body of the Vietnam Social Security.

2- The Vietnam Social Security is organized into a system from the central to the local level, including:

AT Central level: Vietnam Social Security.

AT Provinces directly under the central government (collectively referred to as provinces) are provincial social security offices subordinate to the Vietnam Social Security.

AT Districts, counties, towns, and cities within provinces (collectively referred to as districts) are district social security offices subordinate to provincial social security offices.

CHAPTER III

MANAGEMENT COUNCIL OF THE VIETNAM SOCIAL SECURITY

, Clause 1, Clause 2 Article 7a of this Regulation.

The Management Council has the following tasks and powers:

1- Directing, supervising, and inspecting the implementation of social insurance fund collection, expenditure, and management by the Vietnam Social Security.

2- Deciding on measures to preserve and increase the value of the social insurance fund based on proposals from the General Director of the Vietnam Social Security.

3- Approving annual budgets for social insurance fund revenue and expenditure, management costs, collection and expenditure quotas for the social insurance fund, and auditing final accounts of the social insurance fund as proposed by the General Director before submitting them to the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and other relevant agencies.

4- Recommend to the Government and relevant state agencies to supplement and amend social insurance policies.

5- Propose the Prime Minister to appoint and relieve the General Director and Deputy General Directors of the Vietnam Social Security.

6- Submit to the Prime Minister for issuance, supplementation, and amendment of the Regulations on the Organization and Operation of the Vietnam Social Security.

7- Examine and resolve complaints from social insurance participants in accordance with the law.

Article 8

Members of the Management Council of the Vietnam Social Security include authorized representatives of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, the General Confederation of Labor of Vietnam, and the General Director of the Vietnam Social Security. The members of the Management Council represent their respective agencies in the work of the Management Council, discuss, and vote on the Council's matters.

The Management Council of the Vietnam Social Security has a Chairman, Vice Chairmen, and other members appointed and relieved by the Prime Minister upon the proposal of the Minister or Head of the Government Organizational and Cadre Affairs Department.

Article 9

Working regime of the Management Council:

1- The Management Council operates under a collective system; convenes regularly once every three months to examine and decide issues within its duties and powers.

2- The Management Council may convene extraordinary meetings to address urgent issues when proposed by the Chairman of the Council, the General Director, or more than 50% of the total number of Council members.

3- Meetings of the Management Council must have the majority of Council members present. Resolutions and decisions of the Council must be unanimously approved by all participating Council members. For important issues, if there are differing opinions among Council members, the Chairman of the Council will report to the Prime Minister for decision.

Resolutions and decisions of the Management Council are effective for the Vietnam Social Security and the General Director of the Vietnam Social Security is responsible for organizing the implementation of these resolutions and decisions.

4- The Chairman of the Management Council promulgates internal working regulations, reporting systems of the Council, and assigns tasks to Management Council members.

Article 10

The Management Council of the Vietnam Social Security uses the seal of the Vietnam Social Security.

The workplace, operating funds, and administrative support staff of the Management Council are provided by the Vietnam Social Security.

PART IV

ORGANIZATION AND MANAGEMENT OF THE VIETNAM SOCIAL SECURITY

Article 11

The Vietnam Social Security is managed and operated by the General Director to implement the tasks and powers stipulated in Article 5 of this Regulation under a chief executive system.

The General Director is the legal representative of the Vietnam Social Security, accountable to the Prime Minister and the Management Council for all activities of the Vietnam Social Security.

Assistants to the General Director in charge of various fields are Deputy General Directors proposed by the General Director, submitted by the Management Council to the Prime Minister for appointment and relief.

Article 12

The organizational structure supporting the General Director of the Vietnam Social Security is as follows:

1- Policy and Program Management Board.

2- Social Insurance Revenue Management Board.

3- Social Insurance Payment Management Board.

4- Inspection and Legal Affairs Board.

5- Planning and Finance Board.

6- Organization and Cadre Affairs Board.

7- Office.

8- Information and Science Center.

Tasks, powers, and staffing of the above units are determined by the General Director.

Appointments and reliefs of leadership positions in the aforementioned organizations are decided by the General Director.

When implementing the plan for the preservation and development of the fund, a separate organization will be established as prescribed by the Prime Minister.

Article 13

Provincial Social Security implements social security tasks within the province according to the provisions of the General Director of the Vietnam Social Security.

Provincial Social Security is managed and operated by a Director. The Director has 1-2 Deputy Directors assisting him/her. The Director and Deputy Directors of Provincial Social Security are appointed and relieved by the General Director of the Vietnam Social Security.

Article 14

Administrative support staff for the Director of Provincial Social Security includes several specialized departments.

Tasks, powers, and staffing of the aforementioned specialized departments are decided by the General Director of the Vietnam Social Security.

Article 15

County Social Security is tasked with receiving registration for social insurance benefits transferred from Provincial Social Security; enforcing collection and monitoring of social insurance payments from employers and employees within the county; organizing a direct payment network for social insurance benefits to beneficiaries within the county.

County Social Security is managed and operated by a Director. In counties with heavy workload, a Deputy Director may assist the Director. The Deputy Director of County Social Security is appointed and relieved by the Director of Provincial Social Security based on the classification of the General Director of the Vietnam Social Security.

County Social Security does not have a departmental structure. Staffing of County Social Security is decided by the Director of Provincial Social Security within the total staffing quota allocated by the General Director. The Director of County Social Security specifies the specific duties and powers of each employee under his/her management.

The establishment of County Social Security is regulated by the General Director of the Vietnam Social Security based on workload, number of people, and units participating in social insurance within the area. In places where conditions are not yet sufficient to establish County Social Security, the Director of Provincial Social Security will assign representatives in the county to handle payment and monitor collection of social insurance within the area.

Article 16

Provincial Social Security and County Social Security are legal entities with their own seals, accounts, and offices.

Article 17

The staffing of the Vietnam Social Security initially belongs to the public service staffing quota assigned annually by the Government Organizational and Cadre Affairs Department based on the proposal of the General Director of the Vietnam Social Security.

Recruitment and appointment of civil servants working in social security agencies at all levels must be based on professional standards and within the staffing quota assigned.

CHAPTER V

FINANCE

Article 18

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

Article 19

Sources of income for the social insurance fund include:

1- Contributions from participants in social insurance in accordance with Article 36 of the Social Insurance Regulations issued together with Decree No. 12-CP dated January 26, 1995 of the Government.

2- The State budget transfer includes:

To pay for individuals receiving social insurance benefits before the issuance of the Social Insurance Regulations.

To contribute and support additional funds to ensure the implementation of social insurance benefits for workers after the issuance of the Social Insurance Regulations.

To pay health insurance for individuals receiving social insurance benefits.

3- Interest and profits from the implementation of plans to preserve and develop the social insurance fund.

4- Revenue from domestic and international donations and aid.

5- The re-evaluated value of assets of the Social Insurance Fund according to the regulations of the Government.

6- Other revenues.

Article 20

Sources of expenditure from the social insurance fund include:

1- Expenditure to implement social insurance benefits for social insurance participants.

2- Payment for health insurance as stipulated in the Social Insurance Regulations.

3- Commissions for agents; payment of fees for collecting and disbursing social insurance.

4- Expenditure to implement plans to preserve and develop the social insurance fund.

5- Other expenditures.

Article 21

Annual expenditures from the state budget to implement social insurance benefits must be included in the state budget estimate submitted to the National Assembly for approval.

Article 22

Operating costs of management machinery and basic construction investment of social insurance at all levels during the initial period shall temporarily be funded by the state budget and recorded separately in accordance with the regulations of the Ministry of Finance.

Article 23

The annual financial revenue and expenditure report must be approved by the Management Council of the Vietnam Social Security before submission to the Ministry of Finance and relevant state management agencies.

Chapter VI

FINAL PROVISIONS

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

This regulation takes effect from the date of issuance. The Chairman of the Management Council and the General Director of the Vietnam Social Security, Ministers, Heads of government agencies, Chairmen of provincial and municipal People's Committees directly under the Central Government are responsible for implementing this Regulation./.