Vietnam: Responsibilities of agencies when processing the sick leave benefits for military servicemen

Responsibilities of agencies when processing the sick leave benefits for military servicemen (Illustration)

Article 8 of Circular 136/2020/TT-BQP stipulates the responsibilities of employers in enterprises under the direct control of the Ministry, public non-business units (hereinafter collectively referred to as level-3 enterprises) for the collection and payment of social insurance (SI) and health insurance (HI), and for resolving sick leave benefits as follows:

• Personnel Department: Perform as guided for regimental-level personnel departments and equivalent, as per point a, clause 2, Article 8 of Circular 136/2020/TT-BQP;
• Financial Department: Perform as guided for regimental-level financial departments and equivalent, as per point b, clause 2, Article 8 of Circular 136/2020/TT-BQP;
• Personnel Department of the unit under the Ministry: Responsible for guiding, inspecting, and urging the personnel departments of the direct subordinate enterprises to receive, appraise, and approve the dossiers for sick leave benefits in accordance with the law;
• Financial Department of the unit under the Ministry:
  • Quarterly and annually, receive settlement reports accompanied by the list (Form 01A-HBQP) from the financial departments of subordinate units; appraise and certify each unit’s settlement reports; consolidate and prepare settlement reports (along with social insurance benefits payout) to be sent to the Ministry of Defense's Social Insurance as prescribed;
  • Store dossiers and vouchers as prescribed.

In addition, the responsibilities for employers in enterprises directly under the Ministry of Defense are specified as follows:

• Lower-level Personnel Departments under the head enterprises of the Ministry: Perform as guided for regimental-level personnel departments and equivalent, as per point a, clause 2 of this Article;
• Lower-level Financial Departments under the head enterprises of the Ministry: Perform as guided for regimental-level financial departments and equivalent, as per point b, clause 2 of this Article;
• Personnel Departments of the enterprises directly under the Ministry: Perform as guided for unit personnel departments under the Ministry in point c, clause 3 of this Article; If the personnel department of an enterprise directly under the Ministry directly resolves sick leave benefits for employees, perform as guided for regimental-level personnel departments and equivalent, as per point a, clause 2 of this Article;
• Financial Departments of the enterprises directly under the Ministry: Perform as guided for unit financial departments under the Ministry in point d, clause 3 of this Article; or perform as guided in point b, clause 2 of this Article (for the case where the personnel department of the enterprise directly under the Ministry directly resolves sick leave benefits for employees).

Detailed information can be found in Circular 136/2020/TT-BQP, effective from December 12, 2020.

Le Vy

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