Decree No. 89/2020/ND-CP on the functions, tasks, powers, and organizational structure of the Vietnam Social Security

DECREE

PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE SOCIAL INSURANCE OF VIETNAM

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Pursuant to the Health Insurance Law dated November 14, 2008 and the Law Amending and Supplementing Certain Provisions of the Health Insurance Law dated June 13, 2014;

Pursuant to the Labor Law dated November 16, 2013;

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Decree No. 10/2016/NĐ-CP dated February 1, 2016 of the Government stipulating agencies under the Government, and Decree No. 47/2019/NĐ-CP dated June 5, 2019 of the Government amending and supplementing certain articles of Decree No. 10/2016/NĐ-CP;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree stipulating the functions, tasks, powers and organizational structure of the Social Insurance of Vietnam.

PART I

SOCIAL INSURANCE OF VIETNAM

Article 1. Position and Functions

1. The Social Insurance of Vietnam is an agency under the Government with the function of organizing the implementation of social insurance, health insurance regimes and policies; collecting and disbursing unemployment insurance benefits; managing and utilizing funds for social insurance, unemployment insurance, and health insurance; conducting specialized inspections on contributions to social insurance, unemployment insurance, and health insurance in accordance with the law.

2. The Social Insurance of Vietnam has the international trade name in English as Viet Nam Social Security, abbreviated as VSS.

3. The Social Insurance of Vietnam is subject to state management by the Ministry of Labor - Invalids and Social Affairs regarding social insurance and unemployment insurance; by the Ministry of Health regarding health insurance; and by the Ministry of Finance concerning financial regimes for social insurance, unemployment insurance, and health insurance funds.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Propose the Ministry of Labor - Invalids and Social Affairs to submit to the Government regulations on the functions, tasks, powers and organizational structure of the Social Insurance of Vietnam.

2. Develop and submit to the Government and the Prime Minister strategic plans, long-term plans, five-year plans, annual plans, and other projects and programs of the Social Insurance of Vietnam within their authority to decide, and organize the implementation of such plans, projects, and programs after approval.

3. Regarding the implementation of social insurance, unemployment insurance, and health insurance policies:

a) Issue guidance documents on procedures, expertise, and business practices for implementing social insurance and health insurance regimes and policies; collecting and disbursing social insurance, unemployment insurance, and health insurance; inspecting contributions to social insurance, unemployment insurance, and health insurance in accordance with the law; issuing individual documents and internal management documents of the Social Insurance of Vietnam;

b) Examine and resolve issues related to working time calculation for workers who no longer have original records showing their working time in the public sector before January 1, 1995, following the guidelines of the Ministry of Labor - Invalids and Social Affairs;

c) Organize information dissemination, promotion, and popularization of social insurance, unemployment insurance, and health insurance regimes and policies;

d) Identify, exploit, and manage subjects eligible to participate in social insurance, unemployment insurance, and health insurance; organize exploitation, registration, and management of participants in social insurance, unemployment insurance, and health insurance in accordance with the law;

đ) Issue models of social insurance cards, health insurance cards, social insurance file forms, unemployment insurance file forms, and organize the issuance of social insurance cards and health insurance cards for participants in accordance with the law;

e) Organize the collection or authorize service organizations to collect contributions to social insurance, unemployment insurance, and health insurance from agencies, units, organizations, employers, and individuals in accordance with the law. Receive budgetary funds transferred from the State budget to finance social insurance and health insurance regimes in accordance with the law;

g) Accept applications, process sickness, maternity, work injury, occupational disease, retirement, death benefit, convalescence, and post-treatment rehabilitation regimes; and medical examinations and treatments in accordance with the law;

h) Organize or authorize service organizations to disburse social insurance, unemployment insurance, and health insurance benefits in accordance with the law;

i) Organize contracts with healthcare facilities meeting professional and technical standards; monitor and supervise the implementation of health insurance treatment contracts; implement health insurance claims adjudication in accordance with the law; protect the rights of health insurance participants and prevent abuse and fraud in health insurance benefits;

k) Inspect contributions and payments for social insurance, unemployment insurance, and health insurance by agencies, units, organizations, employers, and individuals; refuse improper contributions and demand proper payment of social insurance, unemployment insurance, and health insurance benefits in accordance with the law;

l) Store records of participants in social insurance, unemployment insurance, and health insurance regimes in accordance with the law;

m) Implement measures to reduce evasion and delay in contributions to social insurance, unemployment insurance, and health insurance;

n) Provide full and timely information on contributions, entitlements, and procedures for social insurance, unemployment insurance, and health insurance when requested by workers, employers, or trade unions. Provide full and timely relevant documentation and information upon request by competent state authorities;

4. Regarding the management and utilization of social insurance, unemployment insurance, and health insurance funds:

a) Manage and utilize social insurance funds, including pension and death benefit funds, work injury and occupational disease funds, sickness and maternity funds, unemployment insurance funds, and health insurance funds according to centralized, unified, transparent, and purposeful principles as prescribed by law; organize accounting for social insurance, unemployment insurance, and health insurance funds in accordance with the law;

b) Annually develop and implement investment plans for social insurance, unemployment insurance, and health insurance funds after approval by the Social Insurance Management Council; manage investment risks for social insurance, unemployment insurance, and health insurance funds in accordance with the law.

5. Perform other tasks related to social insurance, unemployment insurance, and health insurance as prescribed by law:

a) Directing and guiding professional matters for the Social Insurance of the Ministry of National Defense and the Social Insurance of the Ministry of Public Security; coordinating with the Social Insurance of the Ministry of National Defense and the Social Insurance of the Ministry of Public Security to manage the implementation of social insurance and health insurance work within the Ministry of National Defense and the Ministry of Public Security;

b) Training and guiding business operations on social insurance, unemployment insurance, and health insurance;

c) Deciding and organizing the implementation of the administrative reform plan of the Vietnam Social Security according to the goals, requirements, programs, and plans of the Government's administrative reform; implementing a single-window mechanism in handling social insurance, unemployment insurance, and health insurance benefits;

d) Organizing the implementation of electronic transactions in the fields of social insurance, unemployment insurance, and health insurance in accordance with the provisions of the law;

đ) Organizing the implementation of support, answering, and advising on policies and laws related to social insurance, unemployment insurance, and health insurance;

e) Resolving complaints and denunciations regarding social insurance, unemployment insurance, and health insurance in accordance with the provisions of the law; initiating civil lawsuits to request the court to protect public interests and state interests in the fields of social insurance, unemployment insurance, and health insurance. When discovering acts that have signs of criminal offenses in the fields of social insurance, unemployment insurance, and health insurance as stipulated in the Penal Code, the social insurance agency shall submit a document recommending prosecution along with evidence and relevant materials to the competent authority for criminal proceedings to consider and initiate prosecution in accordance with the law;

6. Conducting specialized inspections on contributions to social insurance, unemployment insurance, and health insurance; imposing administrative penalties for violations in the field of contributions to social insurance, unemployment insurance, and health insurance in accordance with the law;

7. Implementing international cooperation in social insurance, unemployment insurance, and health insurance in accordance with the law; organizing the implementation of bilateral and multilateral agreements on social insurance within the scope of functions and tasks of the social insurance sector as prescribed;

8. Regarding organizational structure, finance, and assets:

a) Managing the organizational structure, civil servant quota, job positions, and staff structure by occupational titles and the number of employees in public service units; deciding on rotation, retirement, transfer, appointment, dismissal, commendation, disciplinary action, training and development policies for cadres, civil servants, and staff; recruiting, using, and salary systems for cadres, civil servants, and staff within the jurisdiction as prescribed by law;

b) Managing the finances and assets of the Vietnam Social Security system and organizing statistical and accounting work on social insurance, unemployment insurance, and health insurance in accordance with the law;

c) Implementing internal audit work for units under the Vietnam Social Security system in accordance with the law and internal audit regulations of the unit;

d) Organizing the implementation of competition and commendation activities for units under the Vietnam Social Security system;

9. Organizing research and application of science; applying information technology in statistics and management of social insurance, unemployment insurance, and health insurance;

10. Reporting periodically every six months to the Management Council of the Social Insurance on the implementation of social insurance, unemployment insurance, and health insurance. Implementing reporting systems to the Government, Prime Minister, Ministry of Labor - Invalids and Social Affairs, Ministry of Finance, and Ministry of Health as prescribed by law;

11. Implementing other tasks and powers assigned by the Government and the Prime Minister and as prescribed by law.

Article 3. Organizational System

The Vietnam Social Security shall be organized and managed under a vertical, centralized, unified system from central to local levels, including:

1. At the central level, it is the Vietnam Social Security.

2. At the provincial and centrally-administered city level, it is the Provincial Social Security of the province or centrally-administered city (hereinafter referred to collectively as Provincial Social Security), subordinate to the Vietnam Social Security.

3. At the district, urban district, town, and provincial-level city level, it is the District Social Security of the district, urban district, town, or provincial-level city (hereinafter referred to collectively as District Social Security), subordinate to the Provincial Social Security.

4. No District Social Security unit shall be established at administrative units that are cities or towns directly under provinces where the Provincial Social Security office is located within the territory.

Article 4. Leadership of the Vietnam Social Security

1. The Vietnam Social Security has a General Director and not more than five Deputy General Directors.

2. The General Director is the head of the Vietnam Social Security, appointed, relieved, or dismissed by the Prime Minister upon the proposal of the Social Insurance Management Council. The General Director is responsible to the Government, the Prime Minister, the Social Insurance Management Council, and the member of the Government assigned to oversee the Vietnam Social Security for implementing social insurance, unemployment insurance, and health insurance systems; managing and utilizing social insurance, unemployment insurance, and health insurance funds according to the provisions of the law and performing tasks stipulated in Article 2 of this Decree.

3. Deputy General Directors are appointed, relieved, or dismissed by the Prime Minister upon the proposal of the Social Insurance Management Council and the General Director; they are assigned by the General Director to direct certain areas of work and are responsible to the General Director for the tasks assigned. In the absence of the General Director, a Deputy General Director designated by the General Director shall lead and manage the activities of the Vietnam Social Security.

4. Working system and responsibilities, powers of the General Director:

a) The General Director works under the chief executive system, ensuring democratic centralism principles; promulgates working regulations, information dissemination, and reporting systems of the Vietnam Social Security and directs, supervises the implementation of these regulations;

b) The General Director assigns or delegates Deputy General Directors to resolve issues within their authority. The General Director is responsible for decisions made by Deputy General Directors assigned or delegated to resolve such issues;

c) The General Director is responsible for preparing the contents specified in Clause 5, Article 10 of this Decree to report to the Social Insurance Management Council for examination and approval and organizing the implementation of the Council's resolutions;

d) The General Director is liable under the law when there is a deficit in the social insurance, unemployment insurance, and health insurance funds due to mismanagement or improper handling of the collection, payment of insurance benefits, and management and utilization of the social insurance, unemployment insurance, and health insurance funds contrary to the provisions of the law;

đ) The General Director specifies detailed job qualifications and appointment procedures for leadership positions within the Vietnam Social Security organizational system in accordance with the law;

e) The General Director defines functions, duties, powers, organizational structure, staffing, appointments, dismissals, and removals of heads and deputy heads of organizations under the Vietnam Social Security and heads and deputy heads of departments assisting the General Director. The General Director also decides on the number of deputy directors at the provincial and district levels based on the situation in each locality, ensuring it does not exceed the limits set out in Clause 2, Article 6 and Clause 4, Article 7 of this Decree.

Article 5. Organizational structure of the Vietnam Social Security at the central level

1. Financial and Accounting Department.

2. International Cooperation Department.

3. Inspection and Audit Department.

4. Propaganda and Reward Department.

5. Planning and Investment Department.

6. Organization and Cadre Department.

7. Legal Affairs Department;

8. Fund Management Department.

9. Internal Audit Department.

10. Implementation Board for Social Insurance Policies.

11. Implementation Board for Health Insurance Policies.

12. Revenue - Book - Card Management Board.

13. Office (with a representative in Ho Chi Minh City).

14. Institute of Social Security Science.

15. Communication Center.

16. Information Technology Center.

17. Archive Center.

18. Health Insurance Examination and Multiline Payment Center.

19. Customer Service Support Center.

20. Vocational Training School.

Social Security Magazine.

The units specified from Clause 1 to Clause 13 of this Article are specialized units assisting the General Director, the organizations specified from Clause 14 to Clause 21 are affiliated public service units.

The Planning and Investment Department, the Financial and Accounting Department, the Implementation Board for Social Insurance Policies, the Organization and Cadre Department, and the Internal Audit Department each have 4 divisions; the Implementation Board for Health Insurance Policies and the Inspection and Audit Department each have 5 divisions; the Revenue - Book - Card Management Board has 6 divisions; the Office has 9 divisions, including a representative in Ho Chi Minh City.

The number of deputy heads of organizations under the Vietnam Social Security, the number of Deputy Division Heads of specialized units assisting the General Director shall comply with the provisions of Government Decree No. 47/2019/ND-CP dated June 5, 2019, amending and supplementing certain articles of Government Decree No. 10/2016/ND-CP dated February 1, 2016, on agencies under the Government.

The heads of affiliated public service units shall appoint, dismiss, and remove the positions of Division Heads and Deputy Division Heads of subordinate divisions according to the position standards issued by the competent authority and follow the appointment and dismissal procedures for cadres issued by the General Director of the Vietnam Social Security, the number of Deputy Division Heads of subordinate divisions shall comply with the provisions of Government Decree No. 47/2019/ND-CP.

Article 6. Provincial Social Security

1. Provincial Social Security has legal personality, its own seal, account, and office; it has functional divisions under its direct supervision.

2. The General Director stipulates the functions, tasks, organizational structure, staffing, appointment, dismissal, and removal of the Director and Deputy Directors of the Provincial Social Security, and stipulates the operating budget of the Provincial Social Security. The average number of Deputy Directors of the Provincial Social Security does not exceed three persons.

3. The Director of the Provincial Social Security appoints, dismisses, and removes the positions of Division Heads and Deputy Division Heads of the Provincial Social Security according to the position standards and the appointment and dismissal procedures for cadres issued by the General Director of the Vietnam Social Security.

4. The Director of the Provincial Social Security is responsible for managing and utilizing personnel, civil servants, officials, finance, and assets within the scope of management of the Provincial Social Security according to the分级任务如下：

Article 7. District Social Security

1. District Social Security has legal personality, its own seal, account, and office.

2. The General Director stipulates the functions, tasks, organizational structure, and staffing of the District Social Security, and stipulates the operating budget of the District Social Security.

3. The Director of the Provincial Social Security establishes business teams at the District Social Security based on actual conditions and the principles for establishing business teams issued by the General Director of the Vietnam Social Security.

4. The Director of the Provincial Social Security appoints, dismisses, and removes the positions of Directors and Deputy Directors of the District Social Security, Team Leaders and Deputy Team Leaders of business teams under the District Social Security according to the position standards and the appointment and dismissal procedures for cadres issued by the General Director of the Vietnam Social Security. The average number of Deputy Directors of the District Social Security does not exceed two persons.

5. The Director of the District Social Security is responsible for managing officials, employees, finance, and assets within the scope of management of the District Social Security according to the classification of the Vietnam Social Security and the Provincial Social Security.

Chapter II

RESPONSIBILITIES AND RELATIONSHIPS BETWEEN THE VIETNAM SOCIAL SECURITY AND MINISTRIES, SECTORS, LOCAL AUTHORITIES, AND ORGANIZATIONS

Article 8. Responsibilities and Relationships between the Vietnam Social Security and Ministries and Sectors

1. With the Ministry of Labor, Invalids and Social Affairs:

a) Proposing the establishment, amendment, and supplementation of social insurance and unemployment insurance systems and policies;

b) Recommending inspections, audits, and handling of organizations and individuals in the implementation of social insurance and unemployment insurance according to the provisions of the law;

c) Being subject to inspections and audits by the Ministry of Labor, Invalids and Social Affairs in the implementation of laws on social insurance and unemployment insurance;

d) Reporting annually and at any time about the situation of implementing social insurance and unemployment insurance systems and policies; income, expenditure, and management and use of social insurance and unemployment insurance funds.

2. With the Ministry of Health:

a) Proposing the establishment, amendment, and supplementation of health insurance systems and policies;

b) Participating in determining contribution levels, benefit scopes, and benefit amounts for medical examination and treatment under the health insurance system and payment mechanisms for medical examination and treatment costs; healthcare service prices, drug lists, medical supplies, and technical services within the scope of benefits for health insurance participants;

c) Recommending inspections, audits, and handling of organizations and individuals in the implementation of health insurance according to the provisions of the law;

d) Being subject to inspections and audits by the Ministry of Health in the implementation of laws on health insurance;

đ) Reporting annually and at any time about the situation of implementing health insurance systems and policies; income, expenditure, and management and use of health insurance funds.

3. With the Ministry of Finance:

a) Proposing the establishment, amendment, and supplementation of financial systems for social insurance, unemployment insurance, and health insurance funds and financial mechanisms applicable to the Vietnam Social Security;

b) Being subject to inspections and audits by the Ministry of Finance in the implementation of laws on financial systems for social insurance, unemployment insurance, and health insurance funds;

c) Reporting annually and at any time about the situation of income, expenditure, and management and use of social insurance, unemployment insurance, and health insurance funds.

4. Participating and coordinating with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Health in managing income, expenditure, preservation, development, and balance of social insurance, unemployment insurance, and health insurance funds.

5. Leading and coordinating with ministries and sectors in information dissemination, propaganda, and popularization of policies and laws on social insurance, unemployment insurance, and health insurance to ensure strict compliance with legal provisions and increase participation in social insurance, unemployment insurance, and health insurance.

Article 9. Responsibilities and Relationships between Social Security at Various Levels and Local Authorities

1. Leading and coordinating with state agencies, political-social organizations, social organizations, and parties involved in social insurance, unemployment insurance, and health insurance to resolve issues related to the implementation of social insurance, unemployment insurance, and health insurance systems according to the provisions of the law.

2. Coordinating with authorized state agencies in inspections and audits in the field of social insurance, unemployment insurance, and health insurance when required; recommending to authorized agencies to handle violations of laws on social insurance, unemployment insurance, and health insurance.

3. Leading and coordinating with state agencies, political-social organizations, and social organizations in the locality to implement information dissemination, propaganda, and popularization of policies and laws on social insurance, unemployment insurance, and health insurance to increase participation and ensure strict compliance with legal provisions on social insurance, unemployment insurance, and health insurance.

4. Coordinating with the Department of Labor, Invalids and Social Affairs, the Department of Health, and other state agencies to submit plans to the provincial People's Committee for developing targets for participation in social insurance, unemployment insurance, and health insurance based on set plans.

5. Coordinating with the Department of Labor, Invalids and Social Affairs, the Department of Health, and local agencies to address issues of non-payment and delayed payment of social insurance, unemployment insurance, and health insurance; if necessary, reporting to the provincial People's Committee to take necessary measures to address issues of non-payment and delayed payment of social insurance, unemployment insurance, and health insurance to protect legitimate rights and interests regarding social insurance, unemployment insurance, and health insurance of workers.

6. Coordinating with the Department of Labor, Invalids and Social Affairs and relevant agencies to report to the Vietnam Social Security to resolve social insurance benefits for workers who worked before January 1, 1995.

7. Receiving information from local labor administration authorities every six months about the situation of labor use and changes in the locality; receiving tax authority information about the tax identification number of organizations and individuals; receiving annual information about wage costs for tax calculation of enterprises or organizations.

8. Requesting local competent authorities to re-investigate work accidents and occupational diseases.

9. Reporting quarterly, semi-annually, and annually, and at any time to the provincial People's Committee about the situation of implementing social insurance and health insurance systems and policies; situations of non-payment and delayed payment of social insurance, unemployment insurance, and health insurance.

Chapter III

SOCIAL SECURITY MANAGEMENT BOARD

Article 10. Social Insurance Management Board

1. The Social Insurance Management Board (hereinafter referred to as the Management Board) assists the Government and the Prime Minister in directing and supervising the activities of the Vietnam Social Security and advising on social insurance, unemployment insurance, and health insurance policies.

2. The Management Board consists of representatives from the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, the Ministry of Finance, the Ministry of Home Affairs, the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Federation of Cooperatives, the Vietnam Farmers' Union, the General Director of the Vietnam Social Security, and other members as prescribed by the Government.

3. The Management Board has a Chairman, Vice Chairmen, and Members appointed, relieved, or dismissed by the Prime Minister upon the proposal of the Minister of Home Affairs; the term of office for Management Board members is five years.

4. The Management Board has an Office to assist in its work. The specific tasks of the assisting Office are defined by the Management Board.

5. Tasks and powers of the Management Board:

a) Directing the development and approval of the strategic plan for the Vietnam Social Insurance industry, long-term plans, five-year plans, and annual plans for implementing social insurance, unemployment insurance, and health insurance systems, proposals for the preservation and growth of social insurance, unemployment insurance, and health insurance funds before submitting them to the Prime Minister for approval; monitoring and inspecting the General Director of the Vietnam Social Security's implementation of the strategy, plans, and proposals after approval;

b) Monitoring and inspecting the implementation of plans for collecting, spending, managing, and using social insurance, unemployment insurance, and health insurance funds. Proposing to competent state agencies to amend and supplement state regulations and policies on social insurance, unemployment insurance, and health insurance to ensure the safety of social insurance, unemployment insurance, and health insurance funds;

c) Approving annual budgets for collecting and spending social insurance, unemployment insurance, and health insurance funds; management costs for social insurance, unemployment insurance, and health insurance before the Vietnam Social Security submits them to the competent authority for decision;

d) Approving annual reports on the implementation of social insurance, unemployment insurance, and health insurance systems; the situation of managing and using social insurance, unemployment insurance, and health insurance funds before the Vietnam Social Security submits them to the competent authority;

e) Deciding and being responsible to the Government for investment forms and structures of social insurance, unemployment insurance, and health insurance funds based on the proposal of the General Director;

f) Members of the Management Board who are representatives of ministries and sectors are responsible for reporting related contents to their respective Ministers;

g) Proposing to competent state agencies to develop, amend, and supplement regulations, policies, and laws on social insurance, unemployment insurance, and health insurance; the strategic development of the industry; improving the organizational system of the Vietnam Social Security; management mechanisms and usage of social insurance, unemployment insurance, and health insurance funds;

h) Proposing the Prime Minister to appoint, relieve, or dismiss the General Director and Deputy General Directors of the Vietnam Social Security.

Article 11. Working Regime of the Management Board

1. The Management Board operates under a collective regime; it convenes regular meetings every three months to examine and decide on issues within its tasks and powers as stipulated in Clause 5, Article 10 of this Decree. For certain issues that do not necessarily require discussion at the meeting, the Chairman of the Management Board shall send documents to solicit opinions from each member of the Management Board. The Management Board may convene extraordinary meetings to address urgent matters when requested by the Chairman of the Management Board, the General Director, or more than fifty percent of the total number of Management Board members.

2. The Chairman of the Management Board or the Vice-Chairman authorized by the Chairman of the Management Board is responsible for convening and chairing the Management Board's meetings. The contents and documents of the meeting must be sent to the Management Board members at least five working days before the meeting date. Management Board members are responsible for studying and preparing to contribute their opinions during the discussion process and in passing Resolutions of the Management Board.

3. A Management Board meeting can be held with the participation of at least two-thirds of the Management Board members. A Resolution of the Management Board must be approved by more than fifty percent of the total number of Management Board members. For absent members whose opinions are solicited in writing, their votes will be counted. In cases where the number of members voting in favor and against are equal, the decision will follow the opinion of the Chairman of the Management Board. Issues where there is no consensus among Management Board members will be reported to the Prime Minister for decision. Management Board members have the right to reserve their opinions.

4. When discussing matters related to ministries, sectors, and units under the Vietnam Social Security, the Management Board invites the leaders of those ministries, sectors, and unit heads under the Vietnam Social Security to attend the meeting. Invited representatives from relevant agencies and units have the right to express their opinions but do not participate in voting.

5. Resolutions of the Management Board are sent to Management Board members and the General Director for implementation.

6. Management Board members have the right to request the General Director to provide information and documents on matters within the scope of responsibilities and powers of the Management Board. The General Director has the responsibility to promptly, fully, and accurately provide information and documents on matters within the scope of responsibilities and powers of the Management Board according to the requests of Management Board members.

7. Annually, the Management Board reports to the Prime Minister on the situation and results of its activities.

8. The operating expenses of the Management Board are guaranteed by the Vietnam Social Security. The workplace of the Management Board, the Standing Vice-Chairman, and the Management Board's Office are arranged by the Vietnam Social Security. The Management Board uses the seal of the Vietnam Social Security for its operations.

9. Management Board members utilize civil servants and officials from their respective ministries and sectors to assist them. Management Board members receive remuneration as prescribed by the Government.

Chapter IV

EFFECTIVE DATE

Article 12. Effectiveness and Transitional Provisions

1. This Decree shall take effect from September 20, 2020.

2. Decree No. 01/2016/NĐ-CP dated January 5, 2016 of the Government on the functions, tasks, powers, and organizational structure of the Vietnam Social Security shall cease to be effective from the date this Decree takes effect.

3. Clause 7 of Article 23 of Decree No. 115/2015/NĐ-CP dated November 11, 2015 of the Government detailing certain provisions of the Social Insurance Law regarding mandatory social insurance shall cease to be effective from the date this Decree takes effect.

4. The General Director of the Vietnam Social Security shall be responsible for:

a) Review and rearrange subordinate units and departments of subordinate units of the Vietnam Social Security to ensure streamlined organizational structures and reduced staffing according to Party Resolutions and the Government's Action Program implementing the Resolutions of the Sixth Plenary Session of the Central Committee of the 12th Term;

b) Reduce 63 departmental levels of the 63 provincial social security offices during the period from 2021 to 2025;

c) Reduce county-level social security offices according to Resolution No. 37-NQ/TW dated December 24, 2018 of the Central Committee on the reorganization of administrative units at the district and commune levels and Resolution No. 653/2019/UBTWQH14 dated March 12, 2019 of the Standing Committee of the National Assembly on the reorganization of administrative units at the district and commune levels for the period from 2019 to 2021.

Article 13. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, the Management Board of the Vietnam Social Security, and the General Director of the Vietnam Social Security are responsible for implementing this Decree./.