Decision 31/2011/qd-Ttg Dated: Regulating The Public, Transparency, Check, Monitoring The Implementation Of The Provisions Of The Social Security Legislation

Original Language Title: Quyết định 31/2011/QĐ-TTg: Quy định việc công khai, minh bạch, kiểm tra, giám sát việc thực hiện quy định pháp luật về an sinh xã hội

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on corruption prevention, November 29, 2005;

Pursuant resolution No. 21/NQ-CP on May 12, 2009 the Government issued the national strategy against corruption, room 2020;
Proposal of the Inspector General of Government, DECIDES: 1. Scope this decision rules on publicity and transparency, check, monitoring the implementation of legal provisions on social insurance; Health insurance; help the audience social protection; incentives for the people; mobilization, reception, distribution and use of sources of voluntary contributions to support the people overcome the difficulties caused by natural disasters, fire, severe problems, the patients illness; the activity of the Social Fund, a charity fund and the basis of social protection; the social program (referred to as regulation of social security legislation).

The monitoring activities of the Parliament, the deputies and the people's Council was made under the provisions of the law on the supervision activities of the National Assembly, the law on organization of people's councils and people's committees.

Article 2. The object to apply this decision applies to the State Management Agency; individuals, households, can enjoy from the provisions of the social security legislation; agencies, organizations, individuals in funding for social security and operational implementers check, monitoring the implementation of social security legislation works in the field of social security.

Article 3. The purpose of publicity, transparency, monitoring, test 1. Publicity, transparency, check, monitoring the implementation of the provisions of the social security legislation in order to ensure the implementation of this regulation for your purposes, the right audience; prevent violations and the prevention of corruption and waste in the implementation of the provisions of the social security legislation.

2. Publicity and transparency in the implementation of the provisions of the social security legislation to help agencies, organizations, individuals fully understand, exactly on purpose, meaning, the content of the legal provisions; beneficiaries, priority order; the sequences, procedures, the duration of the legal provisions on social security.

3. check the implementation of the provisions of the social security legislation in order to timely grasp the difficulties and obstacles in the process of implementing the provisions of the social security legislation; Prevention of violation of the law and considering, evaluating the implementation of the provisions of the social security legislation.

4. Monitoring the implementation of the provisions of the social security legislation in order to monitor, review, evaluate the operation of the agencies, organizations, individuals in the Organization made, ensure accuracy, timeliness and efficiency.

Article 4. The subject of publicity, transparency, responsible public entities, transparency is the Agency, organization, unit made social insurance legislation; Health insurance; help the audience social protection; incentives for the people; mobilization, reception, distribution and use of sources of voluntary contributions to support the people overcome the difficulties caused by natural disasters, fire, severe problems, the patients illness; the activity of the Social Fund, a charity fund and the basis of social protection; the social program.

Article 5. Publicity, transparency in the scope of its duties, functions, authorities, organizations, individual units are responsible for publicity, depending on content, audience, purpose and actual conditions of selection of the publicity here: 1. Announced at the meeting of the Agency , organization units.

2. Listed on the Office of the Agency, organization, unit.

3. The notice in writing to the Agency, organization, or individual units concerned.

4. Released publications.

5. reporting on the mass media.

6. Posting on electronic information page (if available).

7. Provide information as requested by the Agency, organization, individual.

Article 6. The content and timing of publicity and transparency 1. Agencies, organizations, units, individuals must publicly the following: a) the provisions of the social security law;

b) organs, organizations, units and individuals responsible for implementing the provisions of the law;

c) conditions, the standards of the beneficiaries;

d) records, processes, methods of selecting beneficiaries, implementation period;

object-list), the order of priority, be the beneficiary from legal provisions;

e) reported the results of the provisions of the social security legislation within 30 days from the date the report is approved.

2. in the open, transparent time for at least 5 days from the date of implementation.

Article 7. The subject test 1. The heads of State Management Agency is responsible for inspecting the observance of the law of Agency, organization, or individual units within its management in the implementation of the provisions of the social security legislation.

2. The head of the Agency, organization, unit implementing rules social security legislation is responsible to regularly check the implementation of the tasks of the unit, of public servants.

3. Agency, conducted the campaign, receiving, distribution, and use of sources of voluntary contributions to support the people have the responsibility to check regularly to ensure the correct implementation of the purpose, audience, was the beneficiary.

Article 8. Form check 1. The test was conducted in the form of regular inspections and unscheduled inspections when signs violate the law or violate the provisions of this decision.

2. Depending on the actual situation, who are responsible for checking the inspection organization according to the provisions of this decision and the provisions of other relevant laws.

Article 9. Content check responsibility test to check the implementation of the provisions of social security legislation according to the following: 1. The content, form, time, transparency in the implementation of the provisions of the social security legislation.

2. The implementation of the responsibilities and tasks of the agencies, organizations, individuals responsible for implementing the provisions of the social security legislation.

3. The results of legal provisions on social security and the handling of the recommendations of the monitoring subject.

Article 10. The responsibility of agencies, organizations, individuals to be examined 1. Provide complete, timely, accurate information and documents related to the content of the test prescribed in article 9 of this decision for the person in charge checked.

2. Explanation on matters relevant to the content of the test.

3. timely implementation of the conclusions and recommendations to check and approve the decision to handle the test results.

Article 11. Handle base test results the test results, the person in charge checked the provisions of article 7 of this decision have the responsibility: 1. Publicly available test results publicly, the handling of the test results in the form of publicity, the transparency provisions of article 5 of this decision.

2. the correct management of the implementation of the provisions of the social security legislation, guidance rules social security legislation.

3. adopt measures according to the authority to recover the money, the property suffered losses.

4. in case of detected violations of the law, then, depending on the nature and extent of the violation that the Agency transfer inspection or investigation agency handled under the provisions of the law.

Article 12. Master monitor 1. The State administration of social welfare oversees the implementation of the provisions of social security legislation according to the text of the relevant law.

2. National level and member organizations, civil society organizations, the media, the press agency supervising according to the functions, duties and powers.

3. To the citizens, individuals, organizations to directly oversee the implementation of the provisions of the social security legislation or monitoring through people's Inspection Committee under the provisions of this decision.

Article 13. Content monitor Who is responsible for monitoring the provisions in article 12 of this decision the organization monitoring the implementation of the provisions of social security legislation according to the following: 1. The implementation of the transparency provisions of the social security legislation.

2. The implementation of the responsibilities and tasks of the agencies, organizations, individuals responsible for implementing the provisions of the social security legislation.

3. The list of objects, the order of priority, be the beneficiary from the provisions of the social security legislation.

4. The application of the provisions of the social security legislation with each specific audience.

5. The progress and the timeliness of the implementation regulations of the social security legislation.

6. The results of the provisions of the social security legislation.

7. The effectiveness of the implementation of the provisions of the social security legislation.

Article 14. Form of supervision 1. The implementation of the provisions of the social security legislation is subject to the supervision of the national level and the Member organizations, the Inspector of the people, social organizations through the following activities: a) of receiving the opinion of the people, reflect directly collect information , documents to review, monitoring, organization, agency, individual units are responsible for implementing the provisions of the social security legislation;

b) detect violations of the law of Agency, organization, or individual units in communes, wards and towns in implementing the provisions of the social security legislation;

c) petitions directly to the President of the Council, President of the people's committees of communes, wards, towns or agencies, organizations have the authority to review, to solve the issues related to the content of national monitoring levels and membership organization, the Board of the people's Ombudsman , social organization and oversaw the settlement recommendations.

2. the Agency's media monitoring, press and citizens through the following activities: a) participated in the meeting on the implementation of regulations and legislation on social security (invited);

b) gather information related to the implementation of the provisions of the social security legislation from the functional departments in localities; through the activities of the people's Council, the people's Committee; through meetings, conferences, seminars, talks are concerned.

Article 15. The responsibilities of the monitoring subject


1. The State authority responsible for regularly tracking, urge, guide the agencies, organizations and individuals to ensure the implementation of the provisions on social security apply the right audience, mode, standards and norms; timely prevention of violations in the implementation process.

2. National level and member organizations, civil society organizations, the media, the press agency monitoring under the provisions of the law to ensure that the objective and effectiveness of the implementation of the provisions of the social security legislation.

3. To the citizens, individuals, organizations are responsible for timely, truthful reflection of the problems related to the implementation of the provisions of the social security legislation to the competent State agencies reviewed, resolved in accordance with the law.

Article 16. The responsibility of agencies, organizations, individuals are monitoring 1. Provide timely, adequate information, documentation related to the content of the monitoring specified in article 13 of this decision to the monitoring subject.

2. Explanation on matters relevant to the content monitoring.

Article 17. Handle base monitoring results monitoring results, recommendations of the Fatherland Front and other member organizations, Ban inspected the people, social organizations, citizens, individuals, media agencies, media, agencies, organizations, individuals responsible authority review timely resolution, the recommendations of which the Agency, inspections or investigations processed under the provisions of the law.

Article 18. Terms of implementation 1. This decision has effect as from 20 July 2011.

2. The Government Inspector, Ministry of labour, invalids and Social Affairs, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities are responsible for the implementation of this decision.