Decree 04/2014/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Social Insurance Of Vietnam

Original Language Title: Nghị định 05/2014/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bảo hiểm xã hội Việt Nam

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THE GOVERNMENT.
Number: 05 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 17, 2014

DECREE

Planning, mandate, authority, and organization of the organization of the Social Insurance of Vietnam

____________________

Government Law Base December 25, 2001;

Social Insurance Law Base June 29, 2006;

The Health Insurance Law Base November 14, 2008;

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

The government issued a decree regulating the function, duties, powers, and organizational structure of Vietnam's Social Insurance.

What? 1. Location and function

1. Vietnam Social Insurance is the government agency, which has the organizational function of implementing the regime, compulsory social insurance policy, voluntary social insurance, health insurance; the collection organization, unemployment insurance costs; management and use of funds: Security and Social Security. Compulsory social life, voluntary social insurance, unemployment insurance (later known collectively as social insurance), statutory health insurance.

2. Vietnam Social Insurance is subject to the state administration of the Ministry of Labor and Social Security on Social Insurance, of the Ministry of Health on Health Insurance, of the Ministry of Finance for the financial regime on social insurance funds, health insurance.

What? 2. Mission and jurisdiction

1. The Government specifies 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, health insurance after being elected by the Council of Vietnam. management of the Social Insurance of Vietnam through; the organization performs strategy, plans, and projects after approval.

3. The responsibility and relations of the Vietnam Social Insurance to the Ministry of State Administration of Social Insurance, health insurance and financial institutions for social insurance funds, health insurance:

a) For the Ministry of Labor-Trade and Social Affairs: Proposal with the Ministry of Labor-Trade and Society of Construction, amendment, regime supplement, policy on social insurance; petition petitions, examination of organizations, individuals in the implementation of social insurance in accordance with the Ministry of Labor and Social Security. the regulation of the law; subject to the inspection, examination of the Ministry of Labor and Social Affairs in the implementation of the provisions of the law on social insurance; report periodic 6 January and report of a report with the Ministry of Labor-Trade and Social Affairs of the United States. Situation implementation, social insurance policy; the situation of collecting, limb and management, and the use of social insurance funds.

b) For the Ministry of Health: Proposal with the Ministry of Health to build, modify, repleny, 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 mechanism. Medical, medical, medical, medical, medical, medical services, medical services, medical services, and medical insurance participants; petition to the Ministry of Health, inspection of organizations, individuals in the implementation of medical insurance. the law of law; subject to the inspection, examination of the Ministry of Health in implementing the provisions of the law on health insurance; the report periodically every six months and the law. Report mutations with the Ministry of Health on the situation of the implementation of the regime, health insurance policy; the fall, limb and management situation, the use of health insurance funds.

c) For the Ministry of Finance: Proposal with the Ministry of Finance to build, amend, add financial regime to social insurance funds, health insurance and financial mechanisms applicable to the Social Insurance of Vietnam; subject to inspection, inspection of the Ministry of Finance in the Ministry of Finance. the implementation of the laws of financial regimes on social insurance funds, health insurance; a 6-month recurring report and a sudden report with the Ministry of Finance in terms of collection, spending and management, using social insurance funds, insurance, and insurance. -Yeah.

4. The Executive Guide to Procedulation, expertise, a career that takes on solving the regime, social insurance policy, health insurance and collection, social insurance, health insurance according to the rule of law; the board of separate documents and texts. management of the Social Insurance Industry of Vietnam.

5. The organization performs information, propaganda, proliferation of regimes, policies, legislation on social insurance, health insurance and the organization of exploitation, registration, management of subjects participating in social insurance, health insurance under the rule of law.

6. Board of Social Insurance, health insurance card and social insurance policy 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, health insurance including: pension fund, death; labor accident fund, occupational illness; sick fund, maternity; voluntary social insurance fund; unemployment insurance fund; health insurance fund in the principle of exercise principles. Unified, public, transparent, legally defined by law; the organization of the accounting of social insurance funds, health insurance into the provisions of 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. Check out the contracting, closing, social insurance, health insurance on the agency, unit, organization of employers, individuals, clinics, medical treatment; rejection of the closure and the requirement to pay for social insurance regimes, untrue health insurance. The law.

16. 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, health insurance.

17. Do international cooperation on social insurance, health insurance under the rule of law.

18. 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.

19. Financial management, property of the Vietnam Social Insurance system and organization performing statistical work, accounting for social insurance, health insurance under the rule of law.

20. The decision and organization to implement the administrative reform plan of the Vietnam Social Insurance under the objective, demand, program, government reform plan of the Government and the direction of the Prime Minister; carry out the mechanism of a single-door link. In solving social insurance, health insurance.

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

22. Organization for Research, Applied Science; the application of information technology in statistics and social insurance management, health insurance.

23. Organization for the Training and Rehabilitation of Social Insurance, Health Insurance.

24. A six-month period, the Vietnam Social Insurance Management Council report on the situation to implement social insurance, health insurance. Every year, the Government report on the situation manages and uses social insurance funds, health insurance.

25. Provide full and timely information on the closure, rights to the regime, the procedure of performing social insurance, health insurance when the worker, the employer, or the union organization requires. Provide full and timely documentation, relevant information at the request of the competent state agency.

26. Host, coordinated with state agencies, political-social organizations, social organizations in the Central and Local, with parties to the social insurance, health insurance to address issues related to the implementation of the social and social insurance regimes in the United States and the United States. conference, statutory health insurance.

27. Coordinate at the request of the state agency to be competent in the examination, specialized inspector in the field of social insurance, health insurance; petitions with the authority with authority to handle violations of the laws of social insurance, insurance, and insurance. -Yeah.

28. 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 to direct and oversee the implementation of the regime, policy and collection, chi, management, use of social insurance funds, health insurance of the Social Insurance The Vietnamese.

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 its Chairperson, Permanent Vice President and members appointed by the Prime Minister, dismissal from the recommendation of the Minister of the Interior; the term of the board member is five 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, health insurance, conservation of conservation and growth of social insurance funds, health insurance, and health insurance. when the Prime Minister approx; the supervisor, examining the General Director of the 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, health insurance. The petition with state agencies has the authority to amend, supplement the regime, the State ' s policy on social insurance, health insurance to secure the safety of social insurance funds, health insurance; and health insurance.

c) Through the annual forecast of revenue, social insurance funds, health insurance;

d) Through the annual decision in terms of collection, social insurance funds, health insurance, the report of the Ministry of Finance under the current regulation;

) Deciding to form the investment fund of social insurance, health insurance on the recommendation of the General Manager;

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, health insurance, the industry ' s development strategy, the full organizational system of Vietnam Social Insurance, the management mechanism and the use of the law. Social insurance funds, 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 is entitled to a prescribed degree of office.

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 that imples social insurance regimes, health insurance; management and use of conservation funds. Social security, statutory health insurance, and implementation of the provisions of 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 04.

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 General Manager must be 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, health insurance due to its management, operating in the collection, which pays social insurance, health insurance and management, use of social insurance funds, insurance, and insurance. Health care is not correct in 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, county, town, in the province is the district social insurance, county, town, town, and the province (later known as the District Social Insurance) subordinated to the Provincial Social Insurance.

What? 7. The organizational structure of Vietnam Social Insurance in Central Asia

1. Board of Social Insurance Policy.

2. Health insurance policy.

3. Ban.

4. Board of Finance-Accounting.

5. Window-Card.

6.

7. International Cooperation Board.

8.

9. Race Board Ban.

10. Board of Planning and Investment.

11. Board of Organismen.

12.

13. Fund Investment Board.

14. Board of Pharmacy and Medical Materials.

15. Internal Audit Board.

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

17. Social Insurance Sciences Institute.

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.

The organization stipulated from Clause 1 to paragraph 16 This is the organizations that help the General Manager, the regulatory organizations from Clause 17 to Clause 24 This are the subordinated career units.

The General Manager for the planning of function, mandate, authority, organizational structure, compilation, appointment, dismissal, the head of the head, the deputy of the head of the institutions of Vietnam Social Insurance and the Head of the Department, Deputy Chief of the institutions To help the Director General.

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 of functional regulation, mission, organizational structure, commission, appointment, dismissal, the serving of the Director, Deputy Director and the operating budget regulation of the Provincial Social Insurance, the number of Deputy Director of Social Insurance of no more than 3 persons, individually. for Ho Chi Minh City and Hanoi, 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.

1. This decree has been in effect since March 5, 2014.

2. This decree replaces the Digital Protocol 94 /2008/NĐ-CP August 22, 2008 by the Government Regulation, mandate, jurisdiction, organizational structure of the Social Insurance of Vietnam and the United States Digital Protocol. 116 /2011/NĐ-CP December 14, 2011 by the Government amended, adding some of the provisions of the Digital Protocol 94 /2008/NĐ-CP.

What? 11.

The Ministers, the Prime Minister, the Head of Government of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, the Council of Management and the Director General of Vietnam Social Insurance are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung