What are regulations on the position and function of the District Social Insurance in Vietnam? What are duties and powers of the District Social Insurance in Vietnam?

What are regulations on the position and function of the District Social Insurance in Vietnam?

Pursuant to Article 5 of the Decision 2355/QĐ-BHXH in 2022 (effective from 01/01/2023) stipulating the position and function of the District Social Insurance in Vietnam as follows:

1. District Social Insurance is an agency directly under Provincial Social Insurance located in the district, which has the function of assisting the Provincial Social Insurance Director in organizing the implementation of social insurance and health insurance regimes and policie; managing the revenue and expenditure of social insurance, unemployment insurance and health insurance in the district according to regulations.

2. District social insurance is under the direct and comprehensive management of the provincial Social Insurance Director and under the state administrative management in the area of ​​the district-level People's Committee.

3. District Social Security has its own legal status, seal, account and head office.

4. Do not organize a District Social Insurance unit in an administrative unit that is a city directly under the province, where the provincial Social Insurance office is located in the area.

What are duties and powers of the District Social Insurance in Vietnam?

Pursuant to Article 6 of the Decision 2355/QĐ-BHXH in 2022 (effective from 01/01/2023) stipulating duties and powers of the District Social Insurance in Vietnam as follows:

1. Develop and submit to the Provincial Social Insurance Director long-term and short-term plans on the development of social insurance, unemployment insurance and health insurance in the locality and annual work programs; organize the implementation of plans and programs after they are approved.

2. Coordinate with relevant departments and committees to advise the District Party Committee and People's Committee to develop and issue resolutions and plans to direct the implementation of social insurance and insurance policies and regimes unemployment, health insurance in the district.

3. Carry out the work of information, propaganda and dissemination of regimes, policies and laws on social insurance, unemployment insurance and health insurance.

4. Organize the implementation of tasks as decentralized by the Vietnam Social Security and the provincial Social Security, specifically:

a) Issue and manage social insurance codes; issue social insurance books and health insurance cards to participants of social insurance and health insurance; manage and use draft social insurance books and health insurance cards in accordance with regulations;

b) Identify, exploit, develop and manage participants and enjoy social insurance, unemployment insurance and health insurance regimes. The organization collects or signs an authorization contract for the service organization to collect social insurance, unemployment insurance and health insurance contributions from participating organizations and individuals. Refuse to pay social insurance, unemployment insurance and health insurance benefits in contravention of the law. Check the payment of social insurance, unemployment insurance, and health insurance for agencies, units and organizations that employ employees. Implement solutions to limit the situation of payment evasion and late payment of social insurance, unemployment insurance and health insurance according to the decentralization of the Provincial Social Insurance;

c) Settle social insurance and health insurance regimes; implement the one-stop-shop, one-stop-shop mechanism in settling the social insurance, unemployment insurance and health insurance regimes at the district Social Insurance; Division to receive and return results of administrative procedures at district level; monitor the increase or decrease in the number of people enjoying the social insurance regime;

d) Receive dossiers of settlement of working time calculation for employees whose working time was before January 1, 1995 (including the case where the employee no longer has the original record showing the working time in the state sector and adjusts to do heavy, hazardous, dangerous or especially heavy, hazardous or dangerous occupation or work) as decentralized by the Provincial Social Insurance;

dd) Pay social insurance, unemployment insurance and health insurance regimes; refuse to pay social insurance, unemployment insurance, health insurance in contravention of regulations;

e) Receive funds transferred from the State budget to pay and support payment for participants of voluntary health insurance and social insurance;

g) Manage, use, account for funding sources and assets of the district Social Insurance according to decentralization;

h) Organize the signing of medical examination and treatment contracts with health insurance with medical examination and treatment establishments that fully meet the conditions in accordance with current regulations; make advances, assess medical examination and treatment expenses covered by health insurance, make payments for medical examination and treatment expenses covered by health insurance according to the provisions of law and the guidance of the Vietnam Social Insurance for medical examination and treatment establishments authorized to sign contracts for medical examination and treatment with health insurance; direct payment of medical examination and treatment expenses covered by health insurance for holders of health insurance cards; protect the rights of participants of health insurance and combat abuse and profiteering of the health insurance regime;

i) Organize the implementation of activities to support, answer and advise on legal policies on social insurance, unemployment insurance, health insurance; survey and measure the satisfaction of individuals and organizations with the service of the social insurance agency in the district.

5. Settle complaints, recommendations and reflections on the implementation of social insurance, unemployment insurance and health insurance regimes and policies for participating organizations and individuals and establishments medical examination and treatment according to regulations.

6. Implement administrative reform programs and plans; control of administrative procedures and legal work under the direction and guidance of the Provincial Social Insurance. Organize the implementation of the quality management system according to the national standard TCVN in the activities of the district Social Insurance.

7. Organize electronic transactions in the field of social insurance, unemployment insurance and health insurance according to regulations.

8. Digitize records, papers, results of settlement of administrative procedures and digitize administrative and professional documents and records; perform the work of archiving records, administrative and professional documents; participants' records and enjoy social insurance, unemployment insurance, health insurance (including paper and electronic) according to regulations.

9. Guide the implementation of social insurance, unemployment insurance and health insurance regimes and policies for participating organizations and individuals.

10. Assume the prime responsibility for, and coordinate with state agencies, socio-political organizations in the locality, organizations and individuals participating in social insurance, unemployment insurance and health insurance to settle issues related to the implementation of social insurance, unemployment insurance and health insurance regimes according to regulations. Coordinate with relevant units to submit to the district-level People's Committee to develop a plan to assign targets for development of social insurance, unemployment insurance, health insurance and development of social insurance, unemployment insurance, health insurance on the basis of the assigned plan.

11. Propose, recommend and coordinate with competent state agencies to inspect and examine organizations and individuals in the implementation of social insurance, unemployment insurance and health insurance regimes. Join the inspection team established by the Director of the Provincial Social Insurance.

12. Have the right to initiate civil lawsuits to request the court to protect public interests and state interests in the field of social insurance, unemployment insurance and health insurance in the locality. Send a written request for prosecution together with relevant evidences and documents to the agency competent to conduct proceedings at the district level for consideration and prosecution in accordance with law when detecting signs of behavior. crimes in the field of social insurance, unemployment insurance and health insurance according to the provisions of the Penal Code.

13. Request local competent agencies to re-investigate occupational accidents and occupational diseases according to management decentralization.

14. Periodically provide full and timely information on payment, entitlement to regimes and procedures for implementation of social insurance, unemployment insurance and health insurance policies for employees and employees. the employer or at the request of the employee, the employer or the trade union; provide fully and promptly relevant documents and information at the request of competent state agencies.

15. Implement the regulations, programs and plans in cooperation with agencies and units under the agreement of the Vietnam Social Insurance and the provincial Social Security.

16. Manage officials and employees of the district Social Insurance.

17. Participate in scientific research, information technology application, digital transformation; exploit and secure information technology data; implement the regime of information, statistics, reporting, emulation - commendation according to the decentralization of the provincial Social Insurance.

18. Perform other duties and exercise other powers assigned by the Provincial Social Insurance Director and in accordance with law.

What are organizational structure of the District Social Insurance in Vietnam?

Pursuant to Article 7 of the Decision 2355/QĐ-BHXH in 2022 (effective from 01/01/2023) stipulating organizational structure of the District Social Insurance in Vietnam as follows:

1. The district social insurance agency has an organizational structure consisting of a professional group. The General Director promulgates regulations on the principles of establishing a professional group, the number of professional groups, and the structure of officers and employees to manage the operation group.

2. The Professional Team of the District Social Insurance shall be established under the decision of the Provincial Social Insurance Director after being approved by the General Director.

The Professional Team has the function of assisting the District Social Insurance Director in performing the assigned tasks for each professional and professional field as prescribed by the General Director.

The Professional Team is under the direct management and administration of the Director of the District Social Insurance.

Best regards!