Tasks and powers of the Vietnam Social Insurance Inspectorate as of March 1, 2024

Tasks and powers of the Vietnam Social Insurance Inspectorate as of March 1, 2024 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On January 11, 2024, the Government issued Decree 03/2024/ND-CP on agencies performing specialized inspection functions and the activities of agencies assigned to performing specialized inspection functions, taking effect on March 1, 2024.

1. Position and functions of Vietnam Social Insurance Inspectorate as of March 1, 2024

- Vietnam Social Insurance Inspectorate is an agency of Vietnam Social Insurance, performing specialized inspection tasks on social insurance, health insurance, and unemployment insurance contributions according to the provisions of the Social Insurance Law 2014 and other specialized laws; ensuring no overlap with the functions and tasks of other agencies that perform specialized inspection functions on social insurance, health insurance, and unemployment insurance; carrying out the tasks of receiving citizens, resolving complaints and denunciations, and preventing and combating corruption and negativity according to the provisions of law.

- The Vietnam Social Insurance Inspectorate is under the direction and management of the General Director of Vietnam Social Insurance and is subject to the direction and guidance on inspection work of the Government Inspectorate.

(Article 10 of Decree 03/2024/ND-CP)

2. Tasks and powers of the Vietnam Social Insurance Inspectorate as of March 1, 2024

- In the field of inspection, the Vietnam Social Insurance Inspectorate has the following tasks and powers:

+ Develop a draft inspection plan for Vietnam Social Insurance; instruct the Social Insurance of provinces and centrally run cities (hereinafter referred to as Provincial Social Insurance) to develop a draft inspection plan to synthesize and submit to the General Director of Vietnam Social Insurance for promulgation;

+ Organize the implementation of the inspection plan for Vietnam Social Insurance; Monitor, urge, and inspect the implementation of the inspection plan of the Provincial Social Insurance;

+ Conduct specialized inspection of social insurance, health insurance, and unemployment insurance according to the provisions of law;

+ Inspect other cases when assigned by the General Director of Vietnam Social Insurance;

+ Re-inspect the case with a conclusion from the Director of Provincial Social Insurance, but discover signs of violating the law;

+ Monitor, urge, and inspect the implementation of conclusions and recommendations of the Vietnam Social Insurance Inspectorate and decisions on handling inspections by the General Director of Vietnam Social Insurance;

+ Check the accuracy and legality of the inspection conclusions of the Director of Provincial Social Insurance and the decision to handle inspections of the Director of Provincial Social Insurance for cases concluded by the Vietnam Social Insurance Inspectorate when necessary;

+ Directing inspection work and guiding inspection operations for Provincial Social Insurance;

+ Summarize and report the results of inspection work.

- Assist the General Director of Vietnam Social Insurance in performing Tasks and powers in receiving citizens and resolving complaints and denunciations according to the provisions of law.

- Help the General Director of Vietnam Social Insurance carry out Tasks and powers in preventing and combating corruption and negativity according to the provisions of law.

(Article 11 of Decree 03/2024/ND-CP)

3. Organization and activities of the Vietnam Social Insurance Inspectorate

- The Vietnam Social Insurance Inspectorate has a Chief Inspector, Deputy Chief Inspector, Inspectors, and other officials.

The Chief Inspector of Vietnam Social Insurance is appointed, dismissed, assigned work, and seconded by the General Director of Vietnam Social Insurance after consulting with the Government Inspector General.

- The organization of the Vietnam Social Insurance Inspectorate is carried out in accordance with the law on organization and other relevant laws.

- Inspection activities of the Vietnam Social Insurance Inspectorate are carried out in accordance with the provisions of the Law on Inspection 2022, Decree 43/2023/ND-CP, Decree 03/2024/ND-CP and other relevant legal provisions.

The development and promulgation of inspection plans, inspection deadlines, extension of inspection deadlines, re-inspection deadlines, inspection team leader standards, the time to develop the inspection results report, and the time to develop the draft inspection conclusion of the Vietnam Social Insurance Inspectorate are applied as regulations for the Ministry Inspectorate.

- Vietnam Social Insurance Inspectorate has its own seal and account.

(Article 13 of Decree 03/2024/ND-CP)

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