Working regimes of Viet Nam Social Security Management Council in implementing social insurance policies

On August 04, 2020, the Government of Vietnam issued Decree No. 89/2020/ND-CP regulating the functions, duties, power and organizational structure of Viet Nam Social Security.

Hội đồng quản lý BHXH trong thực hiện chính sách BHXH, Nghị định 89/2020/NĐ-CP

According to Article 11 of Decree No. 89/2020/ND-CP of Vietnam’s Government, working regimes of Viet Nam Social Security Management Council (hereinafter referred to as “Management Council”) in giving commands and supervising the operation of Viet Nam Social Security and advising them on social, health and unemployment insurance policies are prescribed as follows:

- Management Board works collectively with meetings being held on a three-month basis for considering matters related to duties and power as provided for in Clause 5 Article 10 of this Decree. Regarding matters that do not need to be discussed in the meetings, The Chairperson shall send enquiry forms to every member of The Management Council. The Management Council can convene a meeting anytime to handle pressing matters when such meeting is requested by the Chairperson or the General Director or by more than 50 percent of Management Council members.

- The Chairperson or the Vice Chairpersons of The Management Council authorized by the Chairperson hold the responsibility for convening and presiding over the meetings of The Management Council. Documents and matters that will be discussed in the meetings shall be sent to members of The Management Council at least five working days before the date of the meeting. Members of The Management Council shall prepare to raise their own voices in the discussion and in the process of promulgating a new Resolution by The Management Council.

- Meetings shall be held in the presence of at least two thirds of the number of members of The Management Council.  A resolution by The Management Council is considered effective upon approval of more than 50 percent of the total members of The Management Council.  An enquiry form shall be sent to absentees. In case of a deadlock, the Chairperson of The Management Council shall have the casting vote.  The Chairperson of The Management Council shall report the matters that have not been agreed upon by members of The Management Council to the Prime Minister for decision. Members of The Management Council shall have their opinions recorded.

- Upon discussion of matters related to a specific Ministry, regulatory authority or an agency under Viet Nam Social Security, The Management Council shall request the attendance of representatives of that Ministry or Department, or Head of the agency under Viet Nam Social Security at the meeting. Representatives of relevant agencies attending the meeting shall have the right to raise their voices but retain no right to join in the voting process.

- Resolutions by The Management Council shall be sent to its members and the General Director for implementation.

- Members of The Management Council shall have the right to request information, documents on the power and duties of The Management Council from the General Director. The General Director shall hold the responsibility for providing timely and sufficient information and document.

Moreover, the Management Council shall submit an annual report to the Prime Minister about its performance. The operational cost of The Management Council shall be covered by Viet Nam Social Security. The working location of The Management Council, Permanent Vice Chairperson and the assisting office shall be arranged by Viet Nam Social Security. The Management Council shall use the seal of Viet Nam Social Security for operation.

More details can be found in Decree No. 89/2020/ND-CP of Vietnam’s Government, which takes effect from September 20, 2020.

Le Vy

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