Rights and responsibilities of the social insurance agency in Vietnam

Rights and responsibilities of the social insurance agency in Vietnam (Internet image)

1. What is the function of the social insurance agency?

According to Clause 1, Article 93 of the Law on Social Insurance 2014, social insurance agency is a state agency functioning to implement social insurance benefits and policies, manage and use social insurance, health insurance and unemployment insurance funds, inspect the payment of social insurance, unemployment insurance and health insurance premiums, and perform other tasks in accordance with the Law on Social Insurance 2014.

2. Rights of social insurance agencies in Vietnam

Article 22 of the Law on Social Insurance 2014 stipulates the rights of the social insurance agency as follows:

- To organize the management of personnel, finance and assets in accordance with law.

- To reject unlawful claims for social insurance, unemployment insurance or health insurance allowances.

- To request employers to produce labor management books, salary tables and other information and documents relating to the payment of social insurance, unemployment insurance and health insurance premiums and enjoyment of social insurance, unemployment insurance or health insurance.

- To be provided by enterprise registration agencies or agencies granting operation certificates or operation licenses with copies of enterprise registration certificates, operation licenses, operation certificates or establishment decisions in order to register employees covered by social insurance and health insurance, for newly established enterprises and organizations.

- Every 6 months, to be provided by local state management agencies in charge of labor with information on employment and change of employees in localities.

- To be provided by tax agencies with tax identification numbers of employers; to be annually provided with information on employers’ salary expenses used for tax calculation.

- To examine the implementation of social insurance policies; to conduct specialized inspection of the payment of social insurance, unemployment insurance and health insurance premiums.

- To propose to competent state agencies the formulation, revision and supplementation of policies and laws on social insurance, unemployment insurance and health insurance and the management of social insurance, unemployment insurance and health insurance funds.

- To handle, or propose competent state agencies to handle, violations of the laws on social insurance, unemployment insurance and health insurance.

3. Responsibilities of social insurance agencies in Vietnam

The responsibilities of social insurance agencies are specified in Article 23 of the Law on Social Insurance 2014 as follows:

- To propagate and disseminate policies and laws on social insurance, unemployment insurance and health insurance.

- To issue forms of social insurance and unemployment insurance books and dossiers after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs.

- To collect social insurance, unemployment insurance and health insurance premiums and pay social insurance, unemployment insurance and health insurance allowances in accordance with law.

- To grant social insurance books to employees; to manage social insurance books after settling the retirement benefits or survivorship allowance benefits for employees.

- To receive social insurance and health insurance dossiers; to settle social insurance and health insurance benefits; to pay pensions and social insurance and unemployment insurance allowances in a full, convenient and timely manner.

- To annually certify periods of social insurance premium payment for each employee; to fully and promptly provide information on the payment of social insurance premiums, the right to social insurance benefits, and procedures for social insurance implementation at the request of employees, employers or trade union organizations.

- To annually provide information on employees’ payment of social insurance premiums to employers to posting.

- To apply information technology to social insurance management; to archive the insured’s dossiers in accordance with law.

- To manage and use social insurance, unemployment insurance and health insurance funds in accordance with law.

- To take measures to preserve and develop social insurance, unemployment insurance and health insurance funds under decisions of the Management Board of Vietnam Social Security.

- To perform statistical and financial accounting work on social insurance, unemployment insurance and health insurance.

- To provide professional training in and guidance on social insurance, unemployment insurance and health insurance.

- To report to the Management Board of Vietnam Social Security every 6 months and to the Ministry of Labor, War Invalids and Social Affairs every year on the implementation of social insurance and unemployment insurance;

To report to the Ministry of Health on the implementation of health insurance; to report to the Ministry of Finance on the management and use of social insurance, unemployment insurance and health insurance funds.

Annually, local social insurance agencies shall report to same-level People’s Committees on the implementation of social insurance, unemployment insurance and health insurance in localities under their management.

- To publicize in the mass media employers that violate the obligation to pay social insurance, unemployment insurance or health insurance premiums.

- To provide relevant documents and information at the request of competent state agencies.

- To settle complaints and denunciations about the implementation of social insurance, unemployment insurance and health insurance in accordance with law.

- To carry out international cooperation on social insurance, unemployment insurance and health insurance.

Van Trong

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