Implementing the regime according to Decree 153: Slow due to procedures!

(Baonghean) - At the end of February 2015, Nghe An Newspaper received a petition from a citizen of Nam Dan district regarding the slow implementation of the Social Insurance Agency.Decree 153/2013/CD-CP, causing disadvantages for grassroots medical staff who have time to join the military.

The petitioner sent to Nghe An Newspaper is Mr. Nguyen Huyen Nhung, Head of Xuan Lam Commune Health Station (Nam Dan). The content of the petition is summarized as follows: At the grassroots health stations, there are many cadres and employees who were former soldiers, who had a long time participating in fighting to protect the Fatherland. In recent years, the Party and the State have issued many preferential policies for people with meritorious services, but former soldiers who are now grassroots health cadres and employees have not enjoyed any regime. On November 8, 2013, the Government issued Decree 153/2013/ND-CP amending and supplementing a number of articles of Decree 68/2007/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on compulsory social insurance for soldiers and public security officers; Accordingly, those who have served in the army after completing their duties at medical stations and have not yet enjoyed any benefits will have their military service time added to their social insurance benefits. However, Decree 153 and subsequent guiding circulars from relevant ministries have not yet been implemented. Some medical staff have reached retirement age but have not had their benefits resolved by social insurance agencies, leading to disadvantages. Nghe An Newspaper is requested to inform this issue so that social insurance agencies can implement the provisions of Decree 153...

Head of Xuan Lam Commune Health Station (Nam Dan) Nguyen Huyen Nhung (right) examines a patient. Photo: Nhat Lan

Mr. Nguyen Huyen Nhung joined the army in June 1974. In 1980, he attended a medical training course and worked until 1990, demobilized with the rank of Lieutenant. Returning to his hometown, Mr. Nhung worked at the Commune Party Committee Office. In January 1995, he has worked at the Commune Health Station until now. According to Mr. Nhung, in 2009, when Decree 68/ND-CP took effect, the Health Center informed medical staff who had served in the army to gather their records to receive social insurance benefits. He himself traveled to his old unit stationed in Yen Bai province to be confirmed that he had worked in the army for 16 years. The file was complete, however, after being transferred to Nam Dan Social Insurance, it was returned with the reason that Decree 68 and related Circulars only stipulate that a number of positions working at the commune level are entitled to the regime of connecting military service time, commune health workers are not on the list, so the Social Insurance agency has no basis to implement.

Some time later, Mr. Nhung applied for benefits under Decision 142 but was also returned because he was receiving a salary from the budget. In 2013, the Government issued Decree 153 amending some articles of Decree 68, according to which, people like him can add time in the army to receive social insurance benefits. Mr. Nhung and his colleagues who had served in the army were very excited, hoping for a solution, but until now they still have to wait wearily. When I asked my superiors and the Social Insurance agency, I was told that I had to wait... "How long is the wait? My colleague, Mr. Nguyen Van Linh, Head of the Nam Tan Commune Health Station, had nearly ten years in the army; in 2014, he was old enough to retire, but he was 7 months short of 20 years. He had to pay 20 million VND in voluntary social insurance to be eligible for retirement waiting. In addition, with 20 years of social insurance participation, his pension was deducted by a large percentage, and the amount of money he received was very low. For me, in 2016, I will be old enough to retire, and if I don't add up my military service time, my pension will be very low, which is very disadvantageous. Therefore, on behalf of my colleagues in the same situation, I submitted a petition to the newspaper to clarify the reason why the Government's Decree was not implemented..." - Mr. Nhung explained.

Compared with Decree 153, Mr. Nguyen Huyen Nhung's proposal is completely reasonable. The problems regarding the addition of military service time for commune health workers who served in the military before 1993 have been resolved by Decree No. 153/2013/ND-CP dated November 8, 2013 (effective from December 24, 2013). Specifically, Decree 153 supplements Clause 14, Article 50, Decree No. 68 with the content: "Soldiers and people's police who were demobilized before December 15, 1993, then transferred to work with compulsory insurance participation at state agencies, units, and enterprises, receiving salaries from the state budget or enterprises of all economic sectors participating in compulsory social insurance for the entire year without receiving benefits according to regulations... will have their military service time combined with the time of social insurance payment later to calculate social insurance salary".

So why have cases like Mr. Nhung not been able to add up their military service time? According to the leaders and staff of the Nam Dan Medical Center, they can do nothing more, even though they see their staff are at a disadvantage. Mr. Trinh Duong Tung, Chairman of the Trade Union; Mr. Hoang The Cong, Deputy Director; Mr. Nguyen Dinh Truong, Head of the Personnel Department, informed that in Nam Dan district, there are 10 staff working at commune health stations who had joined the army before 1993. Of these, 4 staff are station chiefs and deputy station chiefs (including Mr. Nguyen Van Linh, Nguyen Van Tu, Nguyen Van Phu, Nguyen Van Binh) who have retired, but none of them have added up their military service time. The center's leaders and the union have repeatedly requested the authorities, especially the Social Insurance, to resolve the issue so that these cadres are not disadvantaged, but they have always been told that they have to wait..." Through research, in districts such as Do Luong, Hung Nguyen, Thanh Chuong, Nghi Loc... there are also grassroots medical staff in the same situation as Mr. Nguyen Huyen Nhung and Mr. Nguyen Van Linh.

According to Mr. Nguyen Quang Quyet, Head of the Provincial Social Insurance Policy and Regime Department, Decree 153 has been adjusted so that those who have served in the army and were discharged before December 15, 1993, and then transferred to work at agencies, units, state-owned enterprises, or enterprises of all economic sectors participating in compulsory social insurance can have their time added to enjoy social insurance benefits. However, after the Decree took effect, it took 9 months for the Circulars of relevant ministries to guide the implementation; in addition, the Provincial Social Insurance had to wait for the directive documents of the Vietnam Social Insurance, and at the same time establish implementation procedures, so it took a relatively long time to implement. Therefore, the beneficiaries of the policies stipulated in Decree 153 had to wait.

Decree 153/2013/ND-CP was issued on November 8, 2013 but took effect from December 24, 2013. It was not until August 4, 2014 that the Ministry of National Defense, the Ministry of Public Security and the Ministry of Labor, Invalids and Social Affairs issued Joint Circular No. 101/2014/TTLT-BQP-BCA-BLDTBXH to guide its implementation; and Circular 101 took effect from September 30, 2014. However, despite having Circular 101, provincial social insurance agencies have not yet implemented it and must wait for guidance from Vietnam Social Security. And on December 19, 2014, Vietnam Social Security issued Official Letter No. 5039/BHXH-CSXH on the guidance for implementing Decree 153/2013/ND-CP and Circular 101/2014/TTLT-BQP-BCA-BLDTBXH. According to the arrival of the Official Letter, on December 29, 2014, Official Letter No. 5039/BHXH-CSXH of Vietnam Social Security arrived at the provincial Social Security.

"With guidance from Vietnam Social Security, provincial Social Security will have a basis for implementation. Currently, we have completed the document guiding district, city and city Social Security agencies to implement Decree 153 and Circular 101. In this document, provincial Social Security has detailed the applicable subjects; application procedures; responsibilities of professional departments and district Social Security agencies to issue social security books, supplement working time, and resolve social security regimes for military personnel and public security officers who were demobilized before December 15, 2013...", said Mr. Nguyen Quang Quyet.

For those who have retired, how will the amendment be implemented? And when will the policy stipulated in Decree 153 be officially implemented? "For those who have retired, they will also be notified of amendments and additions to their working time to increase their benefits. Around the beginning of the second quarter of 2015, the Social Insurance agencies of districts, cities and towns will carry out the implementation..." - Mr. Nguyen Quang Quyet affirmed.

Nhat Lan