Reviewing the implementation of insurance regime for commune-level officials and civil servants

(Baonghean) -Regarding the violations of the insurance regime for civil servants in Thanh Son commune (through the series of articles "Shocking" violations in Thanh Son"), Nghe An Newspaper reporters had an interview with Mr. Le Truong Giang - Deputy Director of the Provincial Social Insurance about the provisions of the Law on the implementation of the insurance regime for commune-level civil servants. Here, Mr. Le Truong Giang said: after the incident in Thanh Son commune, the Provincial Social Insurance will direct the review of the implementation of the insurance regime for commune-level civil servants in the whole province...

Reporter:Mr. Le Truong Giang, what are the provisions of the Law on the implementation of insurance regimes for commune-level cadres and civil servants? And how has the implementation of insurance regimes for commune-level cadres and civil servants in the province been carried out in the past?

Mr. Le Truong Giang:From January 1, 1998, Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government amending and supplementing Decree 50/CP dated July 26, 1995 of the Government on living expenses for commune, ward and town officials; Joint Circular No. 99/1998/TTLT/TCCP-BTC-BLDTBXH dated May 19, 1998 guiding the implementation of Decree No. 09/1998/ND-CP of the Government amending and supplementing Decree 50/CP dated July 26, 1995. Accordingly, the basis for social insurance payment is the monthly living expense for commune-level officials. The monthly social insurance contribution is equal to 15% of the monthly living expenses, in which commune officials contribute 5% of the current living expenses and the state budget contributes 10% of the total living expenses fund of social insurance contributors of each commune.

For commune officials with working time from December 1997 or earlier with the title according to Decree No. 09/1998/ND-CP, it is considered working time with social insurance contributions. Social insurance regimes enjoyed include: monthly allowance, one-time allowance, funeral expenses.

From November 1, 2003, implementing Decree No. 121/2003/ND-CP dated October 21, 2003 of the Government on regimes and policies for cadres and civil servants in communes, wards and towns (This Decree replaces Decree No. 50/CP and Decree No. 09/1998/ND-CP); Joint Circular No. 34/2004/TTLB-BNV-BTC-BLDTBXH dated May 14, 2004 guiding the implementation of Decree No. 121/2003/ND-CP. Accordingly, full-time cadres and commune-level civil servants are entitled to social insurance regimes according to the Social Insurance Regulations issued together with Decree No. 12/CP dated January 26, 1995 of the Government and Decree No. 01/2003/ND-CP dated January 9, 2003 on amending and supplementing a number of articles of the Social Insurance Regulations issued together with Decree No. 12/CP dated January 26, 1995 of the Government and health insurance according to the Health Insurance Regulations issued together with Decree No. 58/1998/ND-CP dated August 13, 1998 of the Government, including the following regimes: sickness allowance regime; maternity allowance regime; occupational accident allowance regime; retirement regime; death benefit regime; convalescence and health recovery regime and health insurance regime.

The social insurance contribution rate is 20% of monthly salary, in which full-time cadres and commune-level civil servants pay 5%, and employers (commune-level People's Committees) pay 15%. Full-time cadres and commune-level civil servants who have paid social insurance according to Decree No. 09/1998/ND-CP and then continue to pay social insurance according to Decree No. 121/2003/ND-CP and guidance of Circular 34/2004/TTLB-BNV-BTC-BLDTBXH, the working time with social insurance payment according to Decree No. 09/1998/ND-CP is added to the working time with social insurance payment according to Decree No. 121/2003/ND-CP to calculate the social insurance regime.

From January 1, 2010, implementing the Law on Social Insurance; Law on Health Insurance; Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on titles, numbers, some regimes and policies for cadres, civil servants in communes, wards, towns and non-professional workers at the commune level; Joint Circular No. 03/2010/TTLT-BNV-BTC-BLDTBXH dated May 27, 2010 of the Ministry of Home Affairs - Ministry of Finance - Ministry of Labor, War Invalids and Social Affairs guiding the implementation of Decree No. 92/2009/ND-CP.

In the past time, Nghe An Social Insurance has implemented the insurance regime for commune-level officials and civil servants in the province in accordance with the provisions of the Law, Decree, guiding Circulars and legal documents of competent State agencies. Specifically, based on the list of commune officials and the monthly increase and decrease in the number of employees and salaries reported by the Commune People's Committee, it collects social insurance and health insurance, issues social insurance books and health insurance cards, and resolves social insurance and health insurance policies for employees.

Some officials and civil servants of Thanh Son commune had their rights violated.

Reporter:According to the Thanh Chuong District Social Insurance Agency, the relevant files of Thanh Son Commune officials and civil servants have been transferred to the provincial Social Insurance Agency for appraisal and consultation. So, sir, how has Nghe An Social Insurance Agency handled these files so far?

Mr. Le Truong Giang:According to the case reported by Nghe An Newspaper No. 9507 dated July 29, 2013, at the People's Committee of Thanh Son commune, there are 11 civil servants and full-time employees who have not participated in insurance for 4 years, even though every time they receive their monthly salary, their social insurance and health insurance contributions are "withheld and deducted".

Nghe An Provincial Social Insurance has worked with and requested the Director of Thanh Chuong District Social Insurance to re-examine the case, and based on the Minutes of the meeting dated March 12, 2013 between Thanh Son Commune People's Committee and Thanh Chuong District Social Insurance on the inspection of social insurance book issuance and settlement of benefits for officials and civil servants in the communes in the Ban Ve reservoir area, it was determined that the number of subjects who have not participated in social insurance is 8 workers (including 2 workers who have been granted social insurance books at the old unit, the list of workers who have not participated in social insurance is attached).

Accordingly, on December 5, 2012, the provincial Social Insurance received 7 sets of documents requesting to collect the time of paying social insurance and health insurance of 7 employees of the People's Committee of Thanh Son commune (in case Mr. Vy Trong Thuy was not on the list of requests for collection) transferred by Thanh Chuong district Social Insurance; after checking the documents, on January 28, 2013, the provincial Social Insurance returned the documents to Thanh Chuong district Social Insurance with the reason: The salary payment table attached to the documents showed signs of legalization, (specifically, through checking the monthly list of social insurance participants at the unit, during the period from January 2010 to December 2012, there were employees who had registered to participate in social insurance with changes in salary coefficients but the salary payment table did not reflect it), and at the same time assigned the Director of Thanh Chuong district Social Insurance to directly inspect and verify the unit's salary table. However, up to now, Thanh Chuong District Social Insurance has not yet verified and completed the documents to transfer to the provincial Social Insurance for appraisal and settlement of arrears.

Thanh Son Commune People's Committee Headquarters - where violations of the regime by cadres and civil servants occurred.

Reporter:After the incident of some civil servants of Thanh Son commune violating the insurance regime, what measures will the provincial Social Insurance take to force commune-level organizations to strictly implement the insurance regime for employees according to regulations, sir?

Mr. Le Truong Giang:Currently, the provincial Social Insurance has directed the Director of Thanh Chuong District Social Insurance to urgently work directly with the People's Committee of Thanh Son Commune to check and verify the monthly salary payment table..., coordinate with the commune to report and explain if any legalization of documents is discovered. In case the People's Committee of Thanh Son Commune does not coordinate, the district People's Committee will advise the People's Committee to establish an interdisciplinary inspection team to inspect the implementation of social insurance policies here.

In addition, the provincial Social Insurance has assigned the Director of Thanh Chuong District Social Insurance to review the labor-using units in the area, including the People's Committees of communes and towns, compare the list of employees participating in social insurance and the list of employees at the unit to determine the number of subjects who have not registered to participate in social insurance according to regulations, and guide the unit to prepare a complete social insurance registration file for employees at the unit.

At the same time, the provincial Social Insurance will rectify the collection management work of the whole province by instructing the district Social Insurance to strictly implement the provincial Social Insurance's directive documents on strengthening the management of social insurance and health insurance collection. Accordingly, specialized officers must regularly monitor and inspect the implementation of social insurance and health insurance policies at labor-using units in the area; strengthen the inspection and examination of the implementation of social insurance and health insurance collection management at units; continue to direct the district, city and town Social Insurance to conduct a general review of the social insurance participation of commune-level officials and civil servants in particular and of workers in the area in general. At the same time, the provincial Social Insurance recommends to competent state agencies to promptly handle units that violate the law on social insurance and health insurance, etc.

Reporter:Thank you!

Nhat Lan (performed)