Decree No. 94/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Vietnam Social Security (BHXH)

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Vietnam Social Security

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Upon the proposal of the General Director of the Vietnam Social Security and the Minister of Interior Affairs,

DECREE:

Article 1. Position and Functions

1. The Vietnam Social Security is an agency under the Government, with the function of organizing and implementing mandatory insurance systems, voluntary social insurance, mandatory health insurance, voluntary health insurance; collecting and disbursing unemployment benefit programs; managing and utilizing funds: mandatory social insurance, voluntary social insurance, unemployment insurance (hereinafter referred to collectively as social insurance), mandatory health insurance, voluntary health insurance (hereinafter referred to collectively as health insurance) in accordance with the provisions of the law.

2. The Vietnam Social Security is subject to state management by the Ministry of Labor, War Invalids and Social Affairs regarding social insurance, by the Ministry of Health regarding health insurance, and by the Ministry of Finance concerning policies for social 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 to the Government regulations on the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

2. Propose to the Prime Minister the strategic development plan for the Vietnam Social Security industry; long-term, five-year, and annual plans for the activities of the Vietnam Social Security; proposals for the preservation and growth of social insurance and health insurance funds after approval by the Management Council of the Vietnam Social Security; organize the implementation of strategies, plans, and proposals after approval;

3. Responsibilities and relationships of the Vietnam Social Security towards ministries managing state affairs in the fields of social insurance, health insurance, and financial regimes for social insurance and health insurance funds:

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

- Propose to the Ministry of Labor, War Invalids and Social Affairs to build, amend, and supplement social insurance systems and policies; recommend inspections and audits of organizations and individuals in the implementation of social insurance according to the law;

- Be subject to inspections and audits by the Ministry of Labor, War Invalids and Social Affairs in the implementation of laws on social insurance;

- Report semi-annually and report promptly to the Ministry of Labor, War Invalids and Social Affairs on the implementation of social insurance systems and policies; the situation of collection, disbursement, and management and utilization of social insurance funds.

b. With the Ministry of Health:

- Propose to the Ministry of Health to build, amend, and supplement health insurance systems and policies; recommend inspections and audits of organizations and individuals in the implementation of health insurance according to the law;

- Participate with the Ministry of Health in determining contribution rates and benefit scopes for patients under the health insurance system and mechanisms for paying medical expenses;

- Be subject to inspections and audits by the Ministry of Health in the implementation of laws on health insurance;

- Report semi-annually and report promptly to the Ministry of Health on the implementation of health insurance systems and policies; the situation of collection, disbursement, and management and utilization of health insurance funds.

c. With the Ministry of Finance:

- Propose to the Ministry of Finance to build, amend, and supplement financial systems for social insurance and health insurance funds and financial mechanisms applicable to the Vietnam Social Security;

- Be subject to inspections and audits by the Ministry of Finance in the implementation of laws on financial systems for social insurance and health insurance funds;

- Report semi-annually and report promptly to the Ministry of Finance on the situation of collection, disbursement, and management and utilization of social insurance and health insurance funds.

4. Issue guiding documents on procedures, expertise, and business practices for implementing insurance systems and policies and collecting and disbursing social insurance and health insurance according to the law; issue individual documents and internal management documents for the Vietnam Social Security industry.

5. Organize the implementation of information dissemination, promotion, and popularization of social insurance and health insurance systems and policies and organize the registration, management of subjects participating in social insurance and health insurance according to the law;

6. Issue models of social insurance books and health insurance cards and organize the issuance of social insurance books and health insurance cards for those who participate in insurance according to the law.

7. Collect contributions for social insurance and health insurance from agencies, units, organizations, employers, and individuals according to the law. Receive funds transferred from the state budget to disburse social insurance and health insurance benefits according to the law.

8. Accept applications, process sickness, maternity, work injury, occupational disease, retirement, death, recuperation after sickness, maternity, and treatment of work injuries and occupational diseases; medical examinations and treatments according to the law.

9. Organize the payment of pensions; compensation for work injuries and occupational diseases; sickness allowances; maternity allowances; disability allowances; recuperation allowances after sickness, maternity, and treatment of work injuries and occupational diseases; death allowances; full, convenient, and timely medical examination and treatment costs.

10. Organize the collection of unemployment insurance from agencies, units, organizations, employers, and workers; organize the payment of unemployment benefits, vocational training support, job search support, and health insurance contributions for those receiving unemployment benefits according to the law.

11. Manage and utilize social insurance and health insurance funds including: pension and death funds; work injury and occupational disease funds; sickness and maternity funds; voluntary social insurance funds; unemployment insurance funds; mandatory health insurance funds; voluntary health insurance funds according to the principle of centralized unity, transparency, and purposefulness as prescribed by law; organize accounting for component social insurance and health insurance funds according to the law.

12. Organize the signing of contracts and supervision of contract implementation with healthcare facilities meeting professional and technical standards; supervise the provision of medical services, protect patient rights with health insurance cards, and prevent abuse; refer workers for labor capacity assessment at the Medical Examination Council according to the law.

13. Enter into contracts with organizations and individuals introduced and guaranteed by the People's Committee of communes, wards, towns to implement social insurance and health insurance policies at commune, ward, town levels.

14. Direct and provide professional guidance to Social Insurance of the Ministry of National Defense, the Ministry of Public Security, and the Government Cryptographic Agency; coordinate with Social Insurance of the Ministry of National Defense, the Ministry of Public Security, and the Government Cryptographic Agency to manage the implementation of social insurance and health insurance within the Ministry of National Defense, the Ministry of Public Security, and the Government Cryptographic Agency.

15. Inspect the signing of contracts, payment of social insurance and health insurance for agencies, units, organizations employing labor, individuals, medical facilities; refuse payments and demand refunds for social insurance and health insurance benefits not in accordance with the law.

16. Resolve complaints, petitions regarding the implementation of social insurance and health insurance benefits in accordance with the law.

17. Implement international cooperation on social insurance and health insurance in accordance with the law.

18. Define functions, tasks, powers, organizational structure, and work relationships of subordinate units; decide on the allocation of personnel quotas for subordinate units within the total quota assigned by competent state authorities; recruit civil servants and officials and manage organizational structures, personnel quotas, cadres, civil servants, and officials in accordance with the law.

19. Manage financial resources and assets of the Vietnam Social Security system and organize statistical, accounting, and social insurance, health insurance activities in accordance with the law.

20. Decide and implement administrative reform plans of the Vietnam Social Security in accordance with the goals, requirements, programs, and plans of the State administrative reform of the Government and the directives of the Prime Minister; implement a single-window mechanism in handling social insurance and health insurance benefits.

21. Store records of participants and beneficiaries of social insurance and health insurance in accordance with the law.

22. Organize scientific research and application; apply information technology in statistics and management of social insurance and health insurance.

23. Organize professional training and development in social insurance and health insurance.

24. Report periodically every six months to the Management Board of the Vietnam Social Security on the implementation of social insurance and health insurance. Annually report to the Government on the management and use of social insurance and health insurance funds.

25. Provide full and timely information about contributions, entitlements to social insurance and health insurance benefits when requested by workers, employers, or trade unions. Provide full and timely documentation and information related to requests from competent state authorities.

26. Lead and coordinate with state agencies, political-social organizations, social organizations at central and local levels, and parties involved in social insurance and health insurance to resolve issues related to the implementation of social insurance and health insurance benefits in accordance with the law.

27. Coordinate with competent state authorities upon request in specialized inspections and audits in the field of social insurance and health insurance; recommend to competent authorities the handling of violations of laws on social insurance and health insurance.

28. Perform other tasks and powers assigned by the Government and the Prime Minister.

Article 3. The Management Council of the Vietnam Social Security

1. The Management Council of the Vietnam Social Security (hereinafter referred to as the Management Council) assists the Government and the Prime Minister in directing and supervising the implementation of social insurance and health insurance regimes and policies, as well as the collection, expenditure, management, and utilization of social insurance and health insurance funds of the Vietnam Social Security.

2. The Management Council consists of representatives from the leadership of the Ministry of Labor - Invalids and Social Affairs, the Ministry of Health, the Ministry of Finance, the Ministry of Home Affairs, the General Confederation of Labor of Vietnam, 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 Council has a Chairman, a Vice-Chairman, and other members appointed, relieved, or dismissed from office by the Prime Minister upon the proposal of the Minister of Home Affairs; the term of office for Management Council 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 Security industry, long-term plans, five-year plans, and annual plans on implementing social insurance and health insurance regimes, proposals for the preservation and growth of social insurance and health insurance funds before submitting them to the Prime Minister for approval; supervising and inspecting the General Director of the Vietnam Social Security (hereinafter referred to as the General Director) in implementing the approved strategy, plans, and proposals.

b. Supervising and inspecting the implementation of plans for collecting, spending, managing, and utilizing social insurance and health insurance funds. Recommending to competent state agencies to amend and supplement state regimes and policies on social insurance and health insurance to ensure the safety of social insurance and health insurance funds;

c. Approving the annual budget for collecting and spending social insurance and health insurance funds;

d. Approving the annual settlement report on collecting and spending social insurance and health insurance funds, reporting to the Ministry of Finance according to current regulations;

đ. Deciding on the investment forms of social insurance and health insurance funds based on the proposal of the General Director;

e. Members of the Management Council who are representatives of Ministries and sectors are responsible for reporting relevant matters to their respective Ministers or sector heads;

g. Recommending to competent state agencies to develop, amend, and supplement social insurance and health insurance regimes and policies, strategic plans for the industry, organizational systems of the Vietnam Social Security, and mechanisms for managing and utilizing social insurance and health insurance funds.

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

Article 4. Working regime of the Management Council

1. The Management Council operates under a collective system; it convenes regular meetings every three months to consider and decide on issues within its duties and powers as stipulated in Clause 5 of Article 3 of this Decree. For certain issues that do not necessarily require discussion at the meeting, the Chairman of the Management Council sends written documents to each member of the Management Council for their opinions. The Management Council may convene extraordinary meetings to address urgent issues when requested by the Chairman of the Management Council, the General Director, or more than half of the total number of Management Council members.

2. The Chairman or Vice-Chairman of the Management Council, authorized by the Chairman of the Management Council, is responsible for convening and chairing the Management Council's meetings. The content and documents of the meeting must be sent to the members of the Management Council at least five working days before the meeting date. Members of the Management Council have the responsibility to study and prepare to contribute to the discussion process and the Resolution of the Management Council.

3. A meeting of the Management Council can be held with the attendance of at least two-thirds of the Management Council members. The Resolution of the Management Council must be approved by more than half of the total number of Management Council members. For absent members whose opinions are solicited in writing, if the number of members voting in favor and against is equal, the decision will follow the opinion of the Chairman of the Management Council. Issues where there is no consensus among Management Council members will be reported to the Prime Minister for decision. Management Council 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 Council invites leaders of those Ministries, sectors, and unit heads to attend the meeting. Leaders of invited related 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 Council members have the right to request the General Director to provide information and documents on matters within the scope of the Management Council's responsibilities and powers. The General Director 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 as required by Management Council members.

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

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

9. Management Board members use civil servants from their respective Ministries and sectors to assist them. Management Board members are entitled to position allowances as prescribed.

Article 5. General Director

1. The General Director is the legal representative of the Vietnam Social Security, appointed, relieved, or dismissed from office by the Prime Minister upon the proposal of the Management Council. The General Director is responsible to the Government, the Prime Minister, the Management Council, and the assigned member of the Government responsible for the Vietnam Social Security regarding the organization and implementation of social insurance and health insurance regimes; the management and utilization of social insurance and health insurance funds in accordance with the law and the tasks prescribed in Article 2 of this Decree.

2. The General Director shall have Deputy General Directors to assist him; the Deputy General Directors shall be assigned by the General Director to direct certain aspects of work and shall be responsible to the General Director for the tasks assigned. In the absence of the General Director, a Deputy General Director shall be authorized by the General Director to lead and manage the operations of the Vietnam Social Security. The Deputy General Directors shall be appointed, relieved, or dismissed by the Prime Minister upon the proposal of the Management Council and the General Director.

The number of Deputy General Directors shall not exceed three persons.

3. Working regime and responsibilities, powers of the General Director:

a. The General Director shall operate under the head system, ensuring the principle of centralized democracy; promulgating working regulations, information systems, and reporting procedures of the Vietnam Social Security, and directing and supervising the implementation of such regulations.

b. The General Director shall delegate or authorize Deputy General Directors to resolve issues within the General Director's authority. The General Director shall be responsible for the decisions made by Deputy General Directors who are delegated or authorized to resolve such issues.

c. The General Director shall be responsible for preparing the contents stipulated in Clause 5, Article 3 of this Decree to report to the Management Council of the Vietnam Social Security for examination and approval, and organizing the implementation of the council resolutions.

d. The General Director shall be liable under the law if there is a deficit in the social insurance fund or health insurance fund due to his management and leadership in collecting, paying out social insurance and health insurance benefits, and managing and using the social insurance and health insurance funds contrary to the provisions of the law.

đ. The General Director shall specify the criteria for positions and the procedures for appointing, relieving, and dismissing leadership and management positions within the Vietnam Social Security organization system in accordance with the law.

Article 6. Organizational System

The Vietnam Social Security shall be organized and managed vertically, centrally, and uniformly from the central level 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 (hereinafter referred to collectively as Provincial Social Security), which is subordinate to the Vietnam Social Security.

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

Article 7. Organizational structure of the Vietnam Social Security at the central level

1. Policy Implementation Department for Social Insurance

2. Policy Implementation Department for Health Insurance

3. Collection Department

4. Payment Department

5. Card and Booklet Issuance Department

6. Propaganda Department

7. International Cooperation Department

8. Inspection Department

9. Motivation and Reward Board.

10. Planning and Finance Department.

11. Organization and Cadre Board.

12. Office

13. Institute of Social Security Science

14. Information Center

15. Archive Center

16. Social Security Training School

17. Social Security Newspaper

18. Social Security Magazine

The organizations specified from Clause 1 to Clause 12 of this Article are assisting organizations for the General Director, while those specified from Clause 13 to Clause 18 are affiliated public service units.

The assisting organizations for the General Director (except for the International Cooperation Department and the Mobilization and Reward Department) may establish subordinate departments. The General Director shall define the functions, duties, powers, organizational structures, staffing, and appointment, relief, and dismissal of managerial staff of these assisting organizations. The number of deputy heads of the heads of these organizations shall not exceed three persons.

The General Director shall define the functions, duties, powers, organizational structures, staffing, and appointment, relief, and dismissal of the heads and deputy heads of the heads of the affiliated public service units of the Vietnam Social Security. The number of deputy heads of the heads of these public service units shall not exceed three persons.

The heads of the affiliated public service units shall appoint, relieve, or dismiss the Heads and Deputy Heads of the subordinate departments according to the position criteria and the appointment and relief procedures for cadres issued by the Vietnam Social Security General Director.

Article 8. Provincial Social Insurance

1. Provincial Social Insurance has legal personality, its own seal, account, and separate office; it has functional departments under its direct administration.

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

3. The General Director decides on the establishment and dissolution of Provincial Social Insurance in cases where there is a decision by the competent state agency to merge or divide provincial administrative units.

4. The Director of Provincial Social Insurance appoints, dismisses, and removes the Heads and Deputy Heads of departments under Provincial Social Insurance according to the position standards and appointment and dismissal procedures for officials issued by the General Director of the Vietnam Social Security.

5. The Director of Provincial Social Insurance is responsible for managing and utilizing personnel, civil servants, public officials, finance, and assets within the scope of management of Provincial Social Insurance according to the分级任务，确保每个部分都准确无误地翻译。继续完成剩余的翻译：

Article 9. District Social Insurance

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

2. The General Director stipulates the functions, tasks, staffing, and operating budget for District Social Insurance; decides on the establishment and dissolution of District Social Insurance in cases where there is a decision by the competent state agency to merge or divide district administrative units.

3. The Director of Provincial Social Insurance appoints, dismisses, and removes the Director and Deputy Directors of District Social Insurance according to the position standards and appointment and dismissal procedures for officials issued by the General Director of the Vietnam Social Security. The number of Deputy Directors of District Social Insurance shall not exceed two persons.

4. The Director of District Social Insurance is responsible for managing civil servants, public officials, finance, and assets within the scope of management of District Social Insurance according to the分级任务，确保每个部分都准确无误地翻译。继续完成剩余的翻译：

Article 10. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Decree No. 100/2002/NĐ-CP dated December 6, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

Article 11. Responsibility for Implementation

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