DECREE

Planning, mandate, authority, and organizational structure of the Social Insurance of Vietnam

__________________________________________

Government Law Base June 19, 2015;

Employment Law Base November 16, 2013;

The Health Insurance Law Base on 14 November 2008 and the Amendment Law, which complements some of the provisions of the Health Insurance Law June 13, 2014;

The Social Insurance Law Base November 20, 2014;

On the recommendation of the Director General of Vietnam Social Insurance,

Government The decree provides for the function, duties, powers, and organizational structure of the Social Insurance of Vietnam.

What? 1. Location and function

1. Vietnam Social Insurance is the government state agency, which functions to organize implementation of the regimes, social insurance policies, health insurance; organization, unemployment, unemployment, unemployment; management and use of funds: Social Security, Insurance, and Social Insurance. unemployment, health insurance; inspectors specialized in the closing of social insurance, unemployment insurance, statutory health insurance.

2. Vietnam Social Insurance is subject to the state management of the Ministry of Labor-Trade and Social Security on Social Insurance, unemployment insurance; of the Ministry of Health on Health Insurance; of the Ministry of Finance on the Financial Regime for Social Insurance Funds, unemployment insurance and insurance. Career, health insurance.

What? 2. Mission and jurisdiction

1. Proposal, Government petitions regulating the function, duties, powers, and organizational structure of the Social Insurance of Vietnam.

2. The Prime Minister of the Government Strategy develops Vietnam Social Insurance; long-term plan, five years, annually on the activities of Vietnam Social Insurance; the conservation of conservation and growth of social insurance funds, unemployment insurance, health insurance and health insurance. after being approved by the Vietnam Social Insurance Board; the organization performs strategy, plans, and projects after being approved.

3. Responsibility and relations of the Social Insurance of Vietnam for the State Department of Social Insurance, unemployment insurance, health insurance and financial institutions for social insurance funds, unemployment insurance, health insurance:

a) For the Ministry of Labor-Trade and Social Affairs: Proposal for construction, modification, regime supplement, policy on social insurance, unemployment insurance; petition petitions, examination of organizations, individuals in the implementation of social insurance, unemployment insurance, and insurance policy. In accordance with the rule of law; be subject to inspection, inspection by the Ministry of Labor and Social Affairs in the implementation of the laws of law on social insurance, unemployment insurance; annual periodic reports and a report of a breakthrough with the Ministry of Labor. -Trade and Social Affairs on the situation of implementation of the regime, social insurance policy, unemployment insurance; the fall, limb, and management situation, using the funds. Social insurance, unemployment insurance.

b) For the Ministry of Health: Proposal for construction, modification, regime supplement, policy on health insurance; engage with the Ministry of Health in determining the level of closing, the scope of rights, the extent of the discoverer, healing according to the health insurance regime and the cost-paying mechanism Examining, healing; health service prices, drug portfolology, medical supplies, technical services belonging to the extent of the health insurance participants; petitions with the Department of Health inspectors, examining organizations, individuals in the implementation of the health insurance according to their prescribed health insurance. the law; subject to the inspection, examination of the Ministry of Health in carrying out the provisions of the law on health insurance; the annual periodic report and the groundbreaking report. published with the Ministry of Health on the situation of the implementation of the regime, health insurance policy; the fall, limb, and management situation, which uses health insurance funds;

c) For the Ministry of Finance: Proposal for construction, modification, addition of financial regime to social insurance funds, unemployment insurance, health insurance and financial mechanisms applicable to the Social Insurance of Vietnam; subject to the inspection, inspection of the Ministry of Finance and Social Security. In the implementation of the provisions of the law on the financial regime on social insurance funds, unemployment insurance, health insurance; annual periodic reports and a report of a breakthrough with the Ministry of Finance in terms of revenue, limb and management, using the funds to be made. Social insurance, unemployment insurance, health insurance;

d) Participated in, in collaboration with the Ministry of Labor-Trade and Social Affairs, the Ministry of Finance, the Ministry of Health carrying out management of revenues, limbs, conservation, development and balance of social insurance funds, unemployment insurance, health insurance.

4. The Executive Committee for Procedulation, expertise, a career that performs regime settlement, social insurance policy, health insurance and collection, social insurance, unemployment insurance, health insurance, as prescribed by law; enacted written documents, and social insurance. Individual and the internal management of the Social Insurance Industry of Vietnam.

5. The organization performs information work, propaganda, disseminalization of regimes, policies, laws on social insurance, unemployment insurance, health insurance and the organization of exploitation, registration, management of subjects participating in social insurance, unemployment insurance, unemployment, and insurance. health insurance according to the law.

6. Given a sample sample, social insurance profile, unemployment insurance, health insurance card, and social insurance-level organization, health insurance card for insurance participants by law.

7. The organization collects social insurance, health insurance of the agencies, units, organizations, employers and individuals according to the rule of law. Taking over the funds from the state budget move to the expense of social insurance, health insurance by law.

8. Take on the case, deal with illness, maternity; labor accident, occupational illness; retirement; death; nursing health recovery after illness, pregnancy, and after treatment of labor accidents, occupational diseases; discovery, healing according to the prescribed treatment of the disease. the law.

9. The organization pays pensions; aid in labor accidents, occupational diseases; medical allowance; maternity allowance; pension benefits; pension benefits; health rehabilitation benefits after illness, maternity, and after treatment of labor accidents, occupational diseases; medical assistance; and health care. I ' m going to die; the cost of the exam, the healing, the convenience, the right time.

10. The unemployment insurance organization of the agencies, units, organizations, employers and workers; organization of unemployment benefits, vocational assistance, job assistance, employment assistance, and health insurance for people who are entitled to an unemployment allowance in accordance with the rules. The law.

11. Administration and use of social insurance funds, unemployment insurance, health insurance including: Retiring and death fund; labor accident fund, occupational illness; illness and birth fund; unemployment insurance fund; health insurance fund in principle focused on the principle of focusing on the health insurance fund. United, publicly, transparent, correct in accordance with the laws of law; the organization of the accounting of social insurance funds, unemployment insurance, health insurance according to the law.

12. The organization contracted, supervising the implementation of contract with the facilities of discovery, medical treatment, technical standards; procedures; examination procedures, examination quality, medical insurance treatment; examination, evaluation of treatment designation, drug use, chemotherapy, and medication. substances, supplies, medical devices, medical engineering services to the sick; check, determine the cost of discovery, cure health insurance; protect the rights to participate in health insurance and combat abuse of health insurance; the introduction of workers and human relatives. Labour has been monitoring the decline of labor at the Council of Medical Regulation by law.

13. The organization signs with organizations as a social insurance, health insurance, and social insurance policy, unemployment insurance policy.

14. Directed, directed by expertise, a career with the Ministry of Defence Social Insurance, the Ministry of Public Security; in coordination with the Ministry of Defence Social Insurance, the Ministry of Public Security Administration of the implementation of social insurance, health insurance in the Ministry of Defense, Ministry of Public Security.

15. Professionals specialize in closing social insurance, unemployment insurance, health insurance; sanctions against administrative violations in the area of social security, unemployment insurance, health insurance, according to the law.

16. Check out the signing of contract, employment, social insurance, unemployment insurance, health insurance on the agency, unit, labor use organization, individual, examination facility, healing; rejection of the closure and the requirement to pay for social insurance regimes, insurance and security. Unemployment, health insurance is not the rule of law.

17. Resolve the complaint, denouncing the rule of law on the complaint, denouncing or having the right to initiate a civil case to ask the court to protect public interest, state benefits in the area of social insurance, unemployment insurance, health insurance.

18. Perform international cooperation on social insurance, unemployment insurance, health insurance under the rule of law.

19. Ministry of organizational organization, public service, employment position, career restructuring, and number of people working in the public career unit; decision of rotation, retirement, operation, appointment, dismissal, reward, discipline, discipline, and more. The policy of training, restitution of staff, civil officials, officials; recruitment, use, and wage regime on officers, civil officials, authorities under the rule of law.

20. Financial management, property of the Vietnam Social Insurance system and organization performing statistical work, accounting for social insurance, unemployment insurance, statutory health insurance.

21. Decision and organization implementing the administrative reform plan of the Vietnam Social Insurance under the goal, request, program, government administrative reform plan and the direction of the Prime Minister; implement a one-door mechanism by the Government of the Government of Vietnam. in the resolution of social insurance, unemployment insurance, health insurance.

22. The organization performs electronic transactions in the area of social insurance, unemployment insurance, health insurance according to the rule of law.

23. Save the profile of the participant in and enjoy the social insurance, unemployment insurance, health insurance according to the rule of law.

24. Foundation for research, application of science; the application of information technology in statistics and management of social insurance, unemployment insurance, health insurance.

25. Organization for training, fostering, training and professional guidance on social insurance, unemployment insurance, health insurance.

26. A six-month period reporting the Vietnam Social Insurance Board on the situation of performing social insurance, unemployment insurance, health insurance. Every year, the Government report on the situation manages and uses social insurance funds, unemployment insurance, health insurance.

27. Provides full and timely information about the closure, rights to the regime, the procedure of performing social insurance, unemployment insurance, health insurance when workers, employers, or union organizations require. Provide full and timely documentation, relevant information at the request of the competent state agency.

28. A 6-month period of local employment in local labor provides information about the situation to use and change labour on the site. The tax authority provides the organization's tax code, the individual; the annual term provides information on the cost of the wage to calculate the business of the business or organization.

29. Host, in collaboration with state agencies, political-social organizations, social organizations in the central and local, with parties to social insurance, unemployment insurance, health insurance to address issues related to the implementation of social and social media, such as social and social security. Social insurance, unemployment insurance, statutory health insurance.

30. Coordinate at the request of the state agency to be competent in the examination, specialized inspector in the field of social insurance, unemployment insurance, health insurance; petitions with the authority with authority to handle violations of the law on the protection of the law. Social life, unemployment insurance, health insurance.

31. Do the task, the other authority by the Government, the Prime Minister of Government.

What? 3. Vietnam Social Insurance Management Council

1. Vietnam Social Insurance Management Council (later known as the Board of Management) helps the Government, the Prime Minister of the Government to direct, oversee the activities of Vietnam's Social Insurance and advice on social insurance policy, unemployment insurance, health insurance.

2. The governing council consists of representative of the leadership of the Ministry of Labour-Trade and Social Affairs, Ministry of Health, Ministry of Finance, Ministry of Internal Affairs, Vietnam Workers 'Union, Vietnam Chamber of Commerce and Industry, Vietnam' s Socialist Union, Vietnam Farmers ' Association, General Manager President of the Social Insurance of Vietnam and other members of the government.

3. The Board of Directors has the Chairperson, the Vice President and the Commissioners appointed by the Prime Minister, the dismissal by the recommendation of the Minister of the Interior; the term of the board member is 5 years.

4. The board has the Office for the Help. The specific task of the Office for the Management of Management Regulations.

5. The mandate and the powers of the Board of Management:

a) The direction of building and through the development strategy of Vietnam Social Insurance, the long-term plan, five years, annually on the implementation of social insurance regimes, unemployment insurance, health insurance, conservation of conservation, and growth of social insurance funds. conference, unemployment insurance, health insurance prior to the Prime Minister ' s approval; oversight, examination of the Director General of Vietnam Social Insurance (later known as General Manager) implement strategy, plan, project after approval;

b) Monitoring, examination of the implementation of the collection, limb, management and use of social insurance funds, unemployment insurance, health insurance. The petition with state agencies has the authority to amend, supplement the regime, the State ' s policy on social insurance, unemployment insurance, health insurance to secure the safety of social insurance funds, unemployment insurance, health insurance; and health insurance.

c) Through the annual forecast of revenue, the cost of social insurance funds, unemployment insurance, health insurance; the cost of social insurance management, unemployment insurance, health insurance, before the Social Insurance of Vietnam the agency has the authority to decide;

d) Through the annual reports on the implementation of social insurance regimes, unemployment insurance, health insurance; the situation of management and the use of social insurance funds, unemployment insurance, health insurance, before the Social Insurance of Vietnam the agency. Yes, the authority.

) Decided and is accountable to the Government on the investment forms and investment structures of the social insurance funds, unemployment insurance, health insurance on the basis of the recommendation of the Director General;

e) Member of the Board of Directors is representative of the Ministry, the industry responsible for reporting on the relevant content with the Minister of the Ministry, that industry;

g) The petition with the state agency has the authority to build, amend, implement the regime, policy, law on social insurance, unemployment insurance, health insurance; the development strategy of the industry; the full organizational system of the Vietnam Social Insurance organization; the agency. management and the use of social insurance funds, unemployment insurance, health insurance; and health insurance.

h) Recommend the Prime Minister for appointment, dismissal, the acting of the General Manager and the Deputy Director General of the Vietnam Social Insurance.

What? 4. Board of Management

1. The board of directors works in collective mode; a three-month regular meeting to review and decide on matters of the mission, the provisions stipulated at the Article 5 Article 3 of this Decree. For some issues that are not necessarily discussed at the meeting, the Chairman of the Management Board sends the opinion to each member of the board. The governing council may be meeting irregularly to address pressing matters when the Chairman of the Board of Directors or General Manager or more than 50% of the total number of board members are recommended.

2. Chairman of the Board of Directors or Vice Chairman of the Board of Directors is authorized to convene and chaired the meeting of the Board of Directors. The content and meeting documents must be sent to the Board members before the meeting date at least five days of work. The Board members are responsible for research, preparing to contribute opinions to the process of deliberation and the resolution of the Board of Management.

3. The meeting of the Board of Directors is conducted when there are at least two-thirds of the board members attend. The Council's resolution must be over 50% of the total number of members of the Board of Directors voting for approval. For the absent members who are sent to participate in writing. The number of members of the voting vote agrees and does not agree with each other, and decides to follow the opinion of the Chairman of the Board. The unagreed issues between the members of the board, the Chairman of the Board of Directors reported the Prime Minister's decision. The board member has the right to secure his opinion.

4. When discussing the work content involving the ministries, the industry and the units of the Vietnam Social Insurance, the Board of Directors invited the ministry, that sector and the unit head of the Vietnam Social Insurance Committee meeting. Leaders of the agencies, the related unit invited to the meeting had the right to give a speech, but did not participate in the vote.

5. The resolution of the Board of Management is sent to the Board members and the General Manager for the organization to execute.

6. The Board Member has the right to ask the Director General to provide information, documentation on the content of the scope of responsibility, the powers of the Board of Management. The Director-General is responsible for providing timely, full and accurate information and documentation of the content of responsibility, the powers of the Board at the request of the Board members.

7. Every year, the Board of Management reports the Prime Minister on the situation and the operational results of the Board of Management.

8. The operating budget of the Board of Management is secured by the Vietnam Social Insurance. The working venue of the Board, the Permanent Vice President and the Office for the Management of the Management Council due to the Social Insurance of Vietnam. The board used the seal of the Vietnam Social Insurance to operate.

9. Board members use cadres, civil officials, ministry officials, departments to help. A member of the governing council, the government of the Prime Minister, is governed by the Prime Minister.

What? 5. General Manager

1. The Director General is the legal representative of Vietnam ' s Social Insurance, appointed by the Prime Minister, the dismissal of the Board of Directors. The Director General is accountable to the Government, the Prime Minister, the Board of Management and Government members are assigned to the Vietnam Social Insurance in charge of the organization carrying out social insurance regimes, unemployment insurance, health insurance; management and management. and use social insurance funds, unemployment insurance, health insurance under the rule of law and the implementation of the prescribed duty at Article 2 of this decree.

2. Help the Director General to have Deputy Director General; the Vice-General Manager is assigned by the Director General to direct a number of works and is responsible to the Director General on assignment of the assignment. When the General Manager is absent, a Deputy Director General is headed by the General Director General, which operates the activities of Vietnam ' s Social Insurance. The Deputy Director-General, appointed by the Prime Minister, is dismissed by the recommendation of the Board of Directors and General Manager.

The number of Deputy Director-General is no more than 05.

3. The employment and accountability regime, the powers of the General Manager:

a) General Manager working on the leadership of the Prime Minister, ensuring the principle of democratic centralism; the practice of working statutes, the information regime, the report of the Social Insurance of Vietnam and directed, examining the implementation of that statute;

b) General Director of the director or authorization for Deputy General Manager to address matters of the jurisdiction of the General Manager. The Director General is responsible for the decision of the Deputy Director General to be assigned or authorized settlement;

c) The Director General is responsible for preparing the regulatory content at paragraph 5 Article 3 This decree to report the Social Insurance Board of Vietnam to review through and organize the implementation of the Board's resolutions;

d) The Director General is accountable to the law when it comes to the deficit of social insurance funds, unemployment insurance, health insurance due to management, its operations in the collection, the pay of social insurance regimes, unemployment insurance, health insurance, and health insurance. and managed, using social insurance funds, unemployment insurance, health insurance is not correct in accordance with the rule of law;

The General Manager specifically specifies the title and process of appointment, dismissal of the leadership of the management of the Social Insurance organization of Vietnam under the rule of law.

What? 6. The organizing system

Vietnamese social insurance is organized and managed under vertical, centralized, unified from central to local, including:

1. In Central is Vietnam Social Insurance.

2. In the province, the central city of Central City is the Provincial Social Insurance, the Central City of Central (later known as the Provincial Social Insurance) subordinated to the Social Insurance of Vietnam.

3. In the district, district, town, town, and city of the Central city, the central city is the municipal district, the county, the town, the province, the central city, the central city of the Central District (later known as the Municipal Social Insurance) directly under the Provincial Social Insurance.

What? 7. The organizational structure of Vietnam ' s Social Insurance in central

1. Financial Case-Accounting.

2. International Cooperation.

3. Inspector-Check.

4. Enjoy the Race.

5. The Plan and Investment.

6.

7.

8. Fund investment management.

9. Internal audit.

10. Board of Social Insurance Policy.

11. Board of Health Insurance Policy.

12. Ban.

13.

14. Board of Pharmacy and Medical Materials.

15. Office (represented in Ho Chi Minh City).

16. Social Insurance Sciences Institute.

17. Media Center.

18. Information Technology Center.

19. Archive Center.

20. The Center for Health Insurance and the Northern Regional Multiline Payment.

21. The Center for Health Insurance and Multiline Payment of the Southern Region.

22. Social Insurance Training School.

23. Social Security Report.

24. Social Insurance Magazine.

In this, the organizations stipulated from Clause 1 to Clause 15 are specialized units that help the General Manager, the regulatory organizations from Clause 16 to Clause 24 are subordinated professional units.

The General Manager for the planning, mandate, authority, organizational structure, compaction, appointment, dismissal, the head of the head, the deputy head of the organization of the organization of the Vietnam Social Insurance and the Head of the Department, Deputy Head of Units of the Units I mean, specialize in helping the General Manager.

The number of deputy heads of the organization of the institutions of the Social Insurance of Vietnam is no more than 03.

The head of the appointed career units, the dismissal of the office, the Deputy Head of the chamber, and the deputy head of the department, under the title of the authority, issued by the authority, and adheres to the appointment, dismissal of the staff. The Social Insurance Board of Vietnam.

What? 8. Provincial Social Insurance

1. The provincial social insurance has legal status, has its own seal, account and headquarters; there are direct functional rooms.

2. General Manager for functional, mission, organizational structure, commission, appointment, dismissal, serving as Director, Deputy Director and regulating the activities of the Provincial Social Insurance. The number of Deputy Director of Social Insurance in the province is no more than 3 people, for the city of Ho Chi Minh City and Hanoi city of no more than 04.

3. The Director General decided to form, dissolution of the Provincial Social Insurance in the event of a decision to merge, split the provincial administrative unit of the competent state agency.

4. Director of the Appointed provincial Social Insurance, dismissal of the Head of the Department, Deputy Head of the Department of Social Insurance by the standards of title and appointment, dismissal of the cadres issued by the Director General of Vietnam Social Insurance.

5. The provincial Social Insurance Director is responsible for managing and using cadres, civil officials, officials, finance, assets of the Department of Social Insurance under the hierarchy of Vietnam Social Insurance.

What? 9. District Social Insurance

1. The district social insurance has legal status, has its own seal, account and headquarters.

2. The General Manager for the planning, mission, organizational structure, commission and regulation of the operating budget of the district Social Insurance; the decision to establish, dissolution of the district Social Insurance in case of a decision to merge, split the administrative unit. The state office of the state office has jurisdiction.

3. Director of the Appointed provincial Social Insurance, dismissal of the Director, Deputy Director of the District Social Insurance District; Organization, Deputy Director of the Organizational Societies of the District Social Insurance under the title of appointment and appointment process, dismissal of the cadres due to President of the Vietnam Social Insurance Board. The number of Deputy Director of Social Insurance is no more than 3 people.

4. Director of the District Social Insurance District is responsible for the management of the public, officials, finance, assets of the district Social Insurance district according to the hierarchy of Vietnam Social Insurance and of the Provincial Social Insurance.

What? 10. The effect of execution

1. This decree has been in effect since 20 February 2016.

2. This decree replaces the Digital Protocol 05 /2014/ND-CP January 17, 2014 the government regulates the function, mandate, jurisdiction, organizational structure of the Social Insurance of Vietnam.

What? 11.

The ministers, peer-to-peer agencies, the government 's head of government, the chairman of the Provincial People' s Committee, the Central Committee of the Central Committee, the Vietnam Social Insurance Board and the Director General of Vietnam Social Insurance are responsible for the execution. This decree.