Is Vietnam Social Security a agency under the Government?

Is Vietnam Social Security a agency under the Government? (Internet image)

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

1. Is Vietnam Social Security a agency under the Government?

According to Clause 1, Article 1 of Decree 89/2020/ND-CP, Vietnam Social Insurance is an agency under the Government with the function of organizing the implementation of social insurance and health insurance regimes and policies; organizing the collection and expenditure of the unemployment insurance regime; managing and using funds: social insurance, unemployment insurance, and health insurance; and specialized inspection of the payment of social insurance, unemployment insurance, and health insurance according to the provisions of law.

2. Tasks and powers of Vietnam Social Insurance

Tasks and powers of Vietnam Social Insurance according to Article 2 of Decree 89/2020/ND-CP are as follows:

- Request the Ministry of Labor, War Invalids, and Social Affairs to submit to the Government regulations on the functions, tasks, powers, and organizational structure of Vietnam Social Insurance.

- Formulate and submit to the Government and Prime Minister long-term, five-year, annual strategies and plans and other projects and schemes of Vietnam Social Security falling under the decision-making authority of the Government or the Prime Minister, and organize the implementation of strategies, plans, projects, and schemes after they are approved.

- Regarding the implementation of social insurance, unemployment insurance, and health insurance policies:

+ Issue guiding documents on procedures, expertise, and expertise in handling social insurance and health insurance regimes and policies; collection and expenditure of social insurance, unemployment insurance, and health insurance; specialized inspection to pay social insurance, unemployment insurance, and health insurance according to the provisions of law; promulgating specific documents and documents on internal management of Vietnam's Social Insurance industry;

+ Consider and settle the calculation of working time for employees who do not have original documents showing the working time in the state sector before January 1, 1995, under the guidance of the Ministry of Labor - Invalids, and Social Affairs;

+ Organize the work of information, propaganda, and dissemination of regimes, policies, and laws on social insurance, unemployment insurance, and health insurance;

+ Identify, exploit, and manage subjects eligible for participation in social insurance, unemployment insurance, and health insurance; organize the exploitation, registration, and management of subjects participating in social insurance, unemployment insurance, and health insurance according to the provisions of law;

+ Issue the forms of social insurance and health insurance cards, forms of social insurance and unemployment insurance dossiers, and organize the issuance of social insurance and health insurance cards to the insured according to regulations. under the law;

+ Collect or authorize service organizations to collect social insurance, unemployment insurance, and health insurance premiums from agencies, units, organizations, employers, and individuals according to regulations. provisions of law. Receipt of funds transferred from the state budget to pay social insurance and health insurance regimes according to the provisions of the law;

+ Receive dossiers, settlement of sickness and maternity regimes; occupational accidents, occupational diseases; retirement, death, convalescence, and health rehabilitation after illness, maternity, and after treatment of occupational accidents and occupational diseases; medical examination and treatment according to the provisions of law;

+ Organize or authorize service organizations to pay social insurance, unemployment insurance, and health insurance regimes according to the provisions of the law;

+ Organize the signing of contracts with medical examination and treatment establishments that fully meet professional and technical conditions and standards; inspect and supervise the performance of contracts for medical examination and treatment covered by health insurance; organize the assessment of health insurance in accordance with the law on health insurance; protect the interests of health insurance participants and combat abuse and profiteering of the health insurance regime;

+ Check the payment and payment of social insurance, unemployment insurance, and health insurance for agencies, units, and organizations that employ employees and individuals; refuse to pay and request payment of social insurance, unemployment insurance, and health insurance regimes in contravention of the provisions of law;

+ Maintain records of participants and beneficiaries of social insurance, unemployment insurance, and health insurance regimes in accordance with the law;

+ Implement measures to limit the situation of payment evasion and late payment of social insurance, unemployment insurance, and health insurance;

+ Provide complete and timely information on payment, entitlement to regimes, and procedures for the implementation of social insurance, unemployment insurance, and health insurance at the request of the employee, employer, or trade union. Provide fully and promptly relevant documents and information at the request of competent state agencies.

- Regarding the management and use of social insurance, unemployment insurance, and health insurance funds:

+ Manage and use social insurance funds, including: retirement and survivorship fund, the occupational accident and occupational disease insurance fund; sickness and maternity fund; unemployment insurance fund; health insurance fund, on the principle of centralization, publicity, transparency, and the right purposes as prescribed by law; organize the accounting of social insurance, unemployment insurance, and health insurance funds according to the provisions of law;

+ Annually, develop and organize the implementation of investment plans for social insurance, unemployment insurance, and health insurance funds after they are approved by the Social Insurance Management Council; implement investment risk management for social insurance, unemployment insurance, and health insurance funds in accordance with law.

- Perform other tasks related to social insurance, unemployment insurance, and health insurance according to the provisions of the law:

+ Direct and provide professional guidance for the Social Insurance of the Ministry of National Defense and the Social Insurance of the Ministry of Public Security; coordinate with the Social Insurance of the Ministry of National Defense and the Social Insurance of the Ministry of Public Security in managing the implementation of social insurance and health insurance work in the Ministry of National Defense and the Ministry of Public Security;

+ Training and professional guidance on social insurance, unemployment insurance, and health insurance;

+ Decide and organize the implementation of the administrative reform plan of the Vietnam Social Insurance in accordance with the objectives, requirements, programs, and plans of administrative reform of the Government and the direction of the Prime Minister; implement the one-stop-shop mechanism in settling social insurance, unemployment insurance, and health insurance regimes;

+ Organize electronic transactions in the fields of social insurance, unemployment insurance, and health insurance according to the provisions of the law;

+ Organize the implementation of support, answers, and advice on legal policies on social insurance, unemployment insurance, and health insurance;

+ Settle complaints and denunciations about social insurance, unemployment insurance, and health insurance according to the provisions of law; initiate civil lawsuits to request courts protect public interests and state interests in the fields of social insurance, unemployment insurance, and health insurance.

When detecting acts with criminal signs in the field of social insurance, unemployment insurance, or health insurance according to the provisions of the Penal Code, the social insurance agency shall send a written petition to prosecute together with evidence and documents related to the agency competent to conduct procedures for consideration and prosecution in accordance with the law.

- Specialized inspection of payment of social insurance, unemployment insurance, and health insurance; sanction administrative violations in the field of payment of social insurance, unemployment insurance, and health insurance according to the provisions of law.

- Implement international cooperation on social insurance, unemployment insurance, and health insurance according to the provisions of law; organize the implementation of bilateral and multilateral agreements on social insurance within the scope of functions and tasks of the social insurance industry as prescribed.

- Regarding organizational structure, finance, and assets:

+ Manage the organizational apparatus, civil servant payrolls, employment positions, and the structure of public employees by professional title and number of people working in public non-business units; decide on rotation, retirement, transfer, appointment, dismissal, commendation, discipline, regimes, and policies on training and fostering cadres, civil servants, and public employees; recruitment, employment, and salary regimes for cadres, civil servants, and public employees under their competence as prescribed by law;

+ Manage finances and assets of the Vietnam Social Insurance System and organize the performance of statistics and accounting work on social insurance, unemployment insurance, and health insurance in accordance with law;

+ Carry out internal audits of units under the Vietnam Social Insurance System in accordance with the law and internal audit regulations of the unit;

+ Organize emulation and commendation for units under the Vietnam Social Insurance System.

- Organize scientific research and application; apply information technology in statistics and management of social insurance, unemployment insurance, and health insurance.

- Every 6 months, Report to the Social Insurance Management Council on the implementation of social insurance, unemployment insurance, and health insurance. Implement the reporting regime to the Government, the Prime Minister, the Ministry of Labor, War Invalids, and Social Affairs, the Ministry of Finance, and the Ministry of Health in accordance with the law.

- Perform other tasks and exercise other powers assigned by the Government or the Prime Minister and in accordance with law.

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