Guidelines on handling of cases of lump-sum social insurance benefits contrary to regulations

Guidelines on handling of cases of lump-sum social insurance benefits contrary to regulations 

According to the Official Dispatch, regarding cases of lump-sum social insurance benefits contrary to regulations, Social Insurance Authorities of provinces/Social Authorities of districts, district-level towns, or district-level cities (Social Insurance Authorities of districts) issuing decisions on lump-sum social insurance benefits (decisions) according to their jurisdiction (hereinafter referred to as "settling authorities") shall cooperate with other relevant Social Insurance Authorities of provinces or districts (if any) in determining the reasons as follows: 

 (1) A settling authority shall decide the termination of the lump-sum social benefit decision and decide to adjust the benefits based on the consumer price index of each period (if any) and recover the amount spent incorrectly to the social insurance fund.

- After recovering the amount mentioned above to the social insurance fund, the settling authority shall request the termination of lump-sum social benefits at functions of "Assessment/Request for approval for termination of lump-sum social insurance benefits (lookup)" on the TCS software enclosed with relevant grounds, such as the decision on termination of lump-sum social benefits, receipts, etc.  The recovery of lump-sum social insurance benefit amount contrary to regulations shall be carried out by transfer or in-person submission to the account of the settling authority. 

- Within 2 working days after receiving the request for the termination of the lookup of data on lump-sum social insurance benefits of the settling authority, the Information – Technology Center shall approve the termination of the data on lump-sum social insurance benefits on the TCS software at the “lookup” section.  After the result of the approval is available on the software, the policy division/department of the settling authority shall formulate a list following Form D16-TS enclosed with Decision No. 948/QD-BHXH dated June 5, 2023 of Vietnam Social Security and transfer it to the collection - book, card department/division to restore the social insurance contribution process and re-issue or combine social insurance books to the related employee as per regulation.  The restoration of the social insurance contribution process with paid lump-sum social insurance benefits shall only be carried out after the amount spent incorrectly is recovered to the social insurance fund. 

(2) After detecting a lump-sum social insurance beneficiary contrary to regulations caused by a Social Insurance Authority of a province or district, the detecting Social Insurance Authority of a province or district shall notify the settling authority of such a case on the TCS software. 

The settling authority shall inspect and review the lump-sum social insurance benefits contrary to regulations detected and sent to it by another Social Insurance Authority of a province or district on the TCS software as follows: 

- In case the beneficiary is contrary to regulations, carry out the procedure prescribed in (1). 

- In case the beneficiary is conformable with regulations, notify the detecting Social Insurance Authority of a province or district on the TCS software.

During the time the TCS software is unable to satisfy the mentioned procedure, the detecting Social Insurance Authority of a province or district shall send a notification to the settling authority through the Eoffice system for assessment for the termination of the lump-sum social insurance benefit decision and continue to do so until the Information – Technology Center upgrades or adjusts the TCS software according to guidelines prescribed in this document. 

(3) On the first day of the following month, formulate a report on review and recovery of lump-sum social insurance benefits contrary to regulations according to Audit Result Notifications No. 702/TB-KTNN dated December 25, 2019 and 702/TB-KTNN dated December 2, 2022 of the State Audit Office of Vietnam and other cases of recovery of the previous month according to (1) following the Forms prescribed in Appendixes I and II enclosed with this document and provide digital signatures on the TCS software.

See more details in Official Dispatch No. 333/BHXH-CSXH dated February 5, 2024.

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