Complaints, denunciations and handling of violations of social insurance

(Baonghean) - The amended Law on Social Insurance was passed by the National Assembly at the 8th Session of the 13th National Assembly, effective from January 1, 2016, consisting of 09 Chapters and 125 Articles, including a number of amended provisions to ensure fairness and equality for participants, ensure people's rights to social security, supplement a number of appropriate regimes and determine the legal status of Vietnam Social Insurance as: a state agency with the function of implementing social insurance regimes and policies, managing and using social insurance, health insurance, unemployment insurance funds; inspecting the payment of social insurance, unemployment insurance, health insurance and other tasks as prescribed by the Law. The new points of the amended Law on Social Insurance can be specified as follows:

IV. Complaints, denunciations and handling of violations of social insurance

1.Amending the regulation on the penalty for unpaid or late payment amounts equal to 02 times the average social insurance fund investment interest rate of the previous year calculated on the amount and time of late social insurance payment (currently equal to the investment interest of the social insurance fund).

2.Supplementing the authority to sanction administrative violations of the Social Insurance agency:

The General Director of Vietnam Social Security, the Director of the provincial Social Security agency and the Head of the specialized inspection team established by the General Director of Vietnam Social Security have the authority to impose penalties as follows:

- The General Director of Vietnam Social Security has the authority to impose penalties according to the provisions of Clause 4, Article 46 of the Law on Handling of Administrative Violations (VPHC);

- The Director of the Provincial Social Insurance has the authority to impose penalties according to the provisions of Clause 2, Article 46 of the Law on Handling of Administrative Violations;

- The head of the specialized inspection team established by the General Director of Vietnam Social Security has the authority to impose penalties according to the provisions of Clause 3, Article 46 of the Law on Penalties for Administrative Violations.

The person with authority to sanction administrative violations mentioned above is authorized to authorize his/her deputy to carry out administrative sanctions.

- The maximum fine, forms of sanction, remedial measures, sanctioning procedures and other relevant regulations on sanctioning administrative violations of social insurance agency inspectors shall comply with the provisions of the Law on handling administrative violations.

Consulting and guiding workers to find jobs and enjoy unemployment insurance. (Photo: VNA)

V. Responsibilities of relevant ministries and branches in implementing social insurance.

1. Responsibility of the Minister of Labor, War Invalids and Social Affairs on social insurance

- Develop strategies, plans and development plans for social insurance.

- Develop policies and laws on social insurance; submit to competent State agencies for promulgation or promulgate under authority legal documents on social insurance.

- Develop and submit to the Government targets for developing social insurance participants.

- Disseminate and popularize policies and laws on social insurance.

- Direct and guide the implementation of policies and laws on social insurance.

- Inspect, examine, handle violations of social insurance, resolve complaints and denunciations about social insurance, except for the provisions in Clause 2, Article 11 of the Law.

- Submit to the Government for decision on handling measures in necessary cases to protect the legitimate rights and interests of employees regarding social insurance.

- Carry out statistical and information work on social insurance.

- Organize training on social insurance.

- Organizing scientific research and international cooperation on social insurance.

- Annually report to the Government on the implementation of social insurance.

2. Responsibilities of the Minister of Finance

- Develop and submit to competent State agencies for promulgation or promulgate under authority the financial management mechanism for social insurance; social insurance management costs.

- Inspect, examine, handle violations of the law and resolve complaints and denunciations regarding the implementation of financial management of social insurance.

- Annually, send reports on the management and use of the Social Insurance Fund to the Minister of Labor, Invalids and Social Affairs for synthesis and reporting to the Government.

3. Responsibilities of People's Committees at all levels

- Directing and organizing the implementation of policies and laws on social insurance.

- Develop targets for developing social insurance participants in the annual socio-economic development plan and submit them to the People's Council at the same level for decision.

- Disseminate and popularize social insurance policies and laws.

- Inspect, examine, handle violations and resolve complaints and denunciations about social insurance.

- Recommend to competent State agencies to amend and supplement policies and laws on social insurance.

Mr. Bui Minh Tri makes recommendations on the issue of health insurance payment.

4. On the rights and responsibilities of the Social Insurance agency

a. Rights of the Social Insurance agency:

- Has the function of specialized inspection on social insurance, health insurance, unemployment insurance payment

- Be required to request the employer to present the labor management book, payroll and other information and documents related to the payment and enjoyment of social insurance, health insurance and unemployment insurance; be sent a copy of the business registration certificate, operating license, operating certificate or establishment decision by the business registration agency or competent authority issuing the certificate of operation or operating license.

- Provided with tax codes of organizations and individuals by tax authorities; annually provided with information on salary costs for tax calculation of enterprises or organizations.

- Every 6 months, the local State labor management agency shall provide information on the situation of labor use and changes in the area.

b. Responsibilities of the Social Insurance Agency:

* Additional responsibilities:

- Vietnam Social Security participates and coordinates with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, and People's Committees of provinces and centrally run cities to manage revenue, expenditure, preservation, development, and balance the Social Security Fund.

- Annually, confirm the social insurance payment period for each employee; provide complete and timely information on payment and benefits entitlement.

- Annually provide information on employees' social insurance contributions for employers to make public.

- Annually, the local Social Insurance agency reports to the People's Committee at the same level on the implementation of Social Insurance, Health Insurance, and Unemployment Insurance.

* Dismiss the responsibility of introducing workers and their relatives to the Medical Assessment Council to assess the level of reduced working capacity.

A payment point for pensions and social insurance benefits. (Photo: Minh Quyet/VNA)

5. Rights and responsibilities of Trade Union organizations, Vietnam Fatherland Front and member organizations of the Front

a. Rights of trade unions

- Protect the legitimate rights and interests of employees participating in social insurance.

- Require employers and social insurance agencies to provide information on employees' social insurance.

- Monitor and recommend to competent authorities to handle social insurance violations.

- File a lawsuit in court against acts of violating social insurance regulations that affect the legitimate rights and interests of employees and labor collectives as prescribed in Clause 8, Article 10 of the Trade Union Law.

b. Responsibilities of the Trade Union organization.

- Disseminate and popularize social insurance policies and laws to employees.

- Participate in inspecting and examining the implementation of laws on social insurance.

- Propose, participate in building, amending and supplementing policies and laws on social insurance.

c. Vietnam Fatherland Front and its members

The Vietnam Fatherland Front and its members, within the scope of their functions and tasks, are responsible for propagating and mobilizing people, union members and association members to implement policies and laws on social insurance, proactively participate in types of social insurance suitable for themselves and their families; participate in protecting the legitimate and legal rights and interests of union members and association members; provide social criticism, participate with State agencies in formulating policies and laws on social insurance; supervise the implementation of policies and laws on social insurance according to the provisions of law.

PV