DECISION

INTRODUCTION OF ADMINISTRATIVE PROCEDURES REGARDING RECEIPT AND PROCESSING OF SOCIAL INSURANCE, HEALTH INSURANCE AND UNEMPLOYMENT INSURANCE APPLICATIONS

DIRECTOR GENERAL OF THE SOCIAL SECURITY ADMINISTRATION OF VIETNAM

Pursuant to the Law No.71/2006/QH11 on Social Insurance dated November 20, 2014;

Pursuant to the Law No. 25/2008/QH12 on Health insurance dated November 14, 2008 and the Law on amendments to a number of Articles of the Law No.25/2008/QH12 on Health Insurance dated June 13, 2014;

Pursuant to the Law on Employment No.38/2013/QH13 dated November 16, 2013;

Pursuant to the Government's Decree No.05/2014/ND-CP defining functions, rights, responsibilities and organizational structure of the Social Security Administration of Vietnam dated January 17, 2014;

Pursuant to the Government’s Decree No.63/2010/ND-CP dated June 08, 2010 on administrative procedures and the Government’s Decree No.48/2013/ND-CP dated May 14, 2013 on amendments to a number of Articles of Decrees regarding administrative procedures;

Pursuant to the Decision No.09/2015/QD-TTg on introduction of Regulation on single-window systems and interrelated single-window systems applicable to local administrative authorities;

At request of the Head of the Department of Legal Affairs,

HREBY DECIDES:

Article 1. Issue the Regulation on administrative procedures regarding the receipt and processing of social insurance, health insurance and unemployment applications (hereinafter referred to as “administrative procedure for social security application processing”) together with this Decision.

Article 2. This Decision enters into force from October 01, 2015 and replaces the Decision No.1366/QD-BHXH dated December 12, 2014 by the Director General of the Social Security Administration of Vietnam on introduction of regulation on administrative procedures regarding health insurance and social insurance. Provisions on reporting prescribed in the Official Dispatch No.266/BHXH-PC on administrative reform in procedures regarding social insurance and health insurance dated January 26, 2015.

Article 3. Heads of affiliates of the Social Security Administration of Vietnam, Director of Social security authorities of provinces and centrally-affiliated cities (hereinafter referred to as “province”) shall be responsible for the implementation of this Decision./.

REGULATION

ADMINISTRATIVE PROCEDURES FOR SOCIAL SECURITY APPLICATION PROCESSING
(issued together with the Decision No.999/QD-BHXH dated September 24, 2015 by the Director General Administration of Vietnam)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Regulation stipulates the administrative procedure for social security application processing.

Article 2. Regulated entities

1. Officials of social security authorities of provinces and districts involved in the process of receiving and processing social security applications.

2. Entities following social security administrative procedures, IVAN service providers and relevant postal service providers.

Article 3. Departments in charge of receiving applications and giving results (hereinafter referred to as “document-receiving department”)

Document-receiving departments of the social security authorities are organized and managed by rank from the central to local level as follows.

1. at central level, the web portal of the Social Security Administration of Vietnam

2. At the social security authorities of provinces, the document-receiving department located at the headquarters of the Social security authority of the province.

3. At the Social security authorities of districts, the application -receiving departments located at the headquarters of the social security authority of the district.

Article 4. Rules for receiving applications and giving results

Procedures for receiving applications and giving results shall be carried out in accordance with the Decision No.09/2015/QD-TTg on introduction of Regulation on single-window systems and interrelated single-window systems applied to local administrative authorities and the following rules:

1. The administrative procedure shall be appropriately established to ensure the cooperation of social security authorities at various levels in the verification of applications; and
Neither entity has the right to request others to take charge of responsibilities of social security authority and
The request for supplementation to applications shall be made only once during the processing period.

2. Time limits for receiving applications and giving results are as follows:

a) For electronic applications: follow clause 1, Article 15 of the Decision No.08/2015/QD-TTg dated March 09, 2015 by the Prime Minister.

b) For physical applications: the procedures for receiving applications and giving results shall be carried out in standard working hours on every weekday and in morning of Saturday (except for holidays, compensatory days-off and Tet holidays under the State’s regulations of laws).

Chapter II

PROCEDURES FOR RECEIVING, PROCESSING APPLICATIONS AND GIVING RESULTS

Article 5. Options of submission of applications and release of results

1. Via electronic transaction;

2. By post; or

3. Directly, at the document-receiving departments.

Article 6.Procedures for direct receipt, processing of applications and result release at document-receiving departments

1. Application receipt

An official shall examine the completion and validity of application:

a) If the application is valid, the official shall input data on the application management program, and issue Form 01 enclosed herewith to the applicant;

b) If the application is invalid, the official shall instruct the applicant according to Form 02 in the Annex attached hereto.

c) If the application is beyond the competence of the social security authority, the official shall instruct the applicant to submit it to a competent authority.

2. Application transfer

a) The receiving official shall transfer applications enclosed with Forms 01 and 03 in the Annex hereto to the processing department.

b) For applications of which the social security authority of the province is responsible, the Social security authorities of districts shall punctually transfer them enclosed with Form 03 to the processing department and document-receiving department of the Social security authority of the province.

3. Application processing

a) In case the verification of applications is not required: The official in charge of application verification shall request a competent person to process and send the result notification to the document-receiving department.

b) In case the verification of applications is required:

- Accepted applications shall be dealt with in accordance with point a of this clause.

- For applications that are not accepted after verification: The official shall request the Head of the social security authority of the province or district to return them to the document-receiving department and specify reasons for rejection.

c) In case applications are not processed within the set forth time limit: The processing department shall promptly inform the document-receiving department and applicant in writing which specifies reasons for deadline missing and date of release of results.

4. Result release:

An official of the document-receiving department shall enter the result into the application management programs as follows:

a) For processed applications:

- If the applicant is an individual: the result shall be given in the form of a note of receipt and appointment;

- If the applicant is an organization: the result shall be sent to the applicant by post.

b) In case the application is incomplete: A request for completion of application shall be promptly sent to the applicant at request of the processing department; (and an apology letter in case of official’s faults).

c) If the application is rejected: The official shall return it to the applicants and specify reasons for rejection;

d) If the application is not process within a set forth time limit: The official shall make an appointment to give the result and send the applicant an apology letter;

dd) Where the applicant fails to get the result as the appointment date stated on the note of receipt and appointment, the result shall be retained at the document-receiving department.

e) The transfer of results from the processing department to document-receiving department shall be monitored and recorded in the list of processed applications transferred made using form 04 in the Annex hereof, and a list of processed applications transferred shall be sent to the document-receiving department for aggregation, statistics and monitoring (in case the application is transferred to the Social security authority of the district by the Social security authority of the province).

Article 7. Procedures for receiving, processing of applications and giving results via postal service

1. A mail carrier who receives applications from the applicant shall examine the completion and validity of such application according to the administrative procedure and deliver it to the document-receiving department of the social security authority and collect necessary charges (if any).

2. An official of the document-receiving department of the social security authority shall take delivery of applications from the mail carrier under clause 1, Article 6.

3. Applications shall be processed in accordance with clauses 2 and 3 of Article 6

4. Result release:

a) The official of the document-receiving department shall have the mail carrier transfer the result to the applicant.

b) Applications that are incomplete or that are not process within a set forth time limit shall be dealt with in accordance with point b, c and d clause 4 of Article 6.

Article 8.Procedures for receiving, processing of applications and giving results via electronic means

The procedure shall be conformable to regulations on electronic transactions issued by the Social Security Administration of Vietnam.

Chapter III

RESPONSIBILITY FOR ORGANIZATION OF IMPLEMENTATION

Article 9.Responsibilities of affiliates of the Social Security Administration of Vietnam

1. The Department of Legal Affairs shall take charge of and cooperate with relevant agencies to provide instructions, expedite, inspection and supervision the compliance with the administrative procedures for processing applications by the Social security authorities of provinces and submit reports on the implementation of this Regulation to the Director General.

2. The Information Technology Center shall:

a) Monitor and manage the receipt and processing of applications submitted via the portal of the Social Security Administration of Vietnam;

b) Study and develop the electronic application management software and relevant software to facilitate the management and processing of applications according to administrative procedures;

c) Assist the Social security authorities of provinces in application of application management programs.

Article 10. Responsibilities of Directors of Social security authorities of provinces
Every Director of the Social security authorities of provinces shall:

1. Issue detailed regulations on implementation of this Decision in accordance with provision hereof and according the province reality.

2. Provide instructions on the implementation of the administrative procedure and put up the administrative procedure at document-receiving departments and make the address of agencies in charge of dealing with complaints about relevant administrative procedure publicly available.

3. Submit periodic reports on processing of applications and proposals to address arising issues (if any) to the Social Security Administration of Vietnam.

4. Every social security authority receiving and transferring applications via postal service shall:

a) Select and award contracts to postal services providers under regulations of laws and directives of the Social Security Administration of Vietnam.

b) Provide employers with declaration filing software and instructions on required applications according to respective administrative procedure; provide instructions on packing and sealing of applications prior to submission to the social security authority. The employers shall be responsible for the completion and validity of applications submitted by post.

5. Take responsibilities towards the Social Security Administration of Vietnam and laws for the compliance with administrative procedures hereof by the Social security authorities of provinces and district within the administration.

6. Commend and reward entities having outstanding performances and impose penalties in case of violation against provisions hereof.

Article 11. Responsibilities of social security officials

1. Responsibilities of officials of document-receiving departments:

Every of officials working in these departments shall:

Comply with Article 10 of the Decision No.09/2015/QD-TTg; and

a) Do not require applications other than those prescribed by the regulations of laws.

b) Punctually instruct and inform applicants in case time limitations affect insurance benefits.

c) Monitor time limits for application processing to punctually expedite processing departments to stick to the schedule; submit report to the competent authority.

2. Responsibilities of officials of processing departments
every officials of such department shall:

a) Process applications intra vires and comply with regulations of laws and regulations of the Social Security Administration of Vietnam;

b) Cooperate with relevant departments to deal with applications according to the administrative procedure.

c) Punctually transfer results to the document-receiving department

Article 12. Reporting

The social security authorities of provinces shall submit reports on application processing as follows:

1. The report shall be made using form 05 in the Annex attached hereto.

2. Reporting period and deadline for reporting

a) First-six-month reports shall present statistics from the January 01st to April 30th and shall be submitted to the Social Security Administration of Vietnam by May 15th.

b) The initial annual report shall present statistics from January 01st to October 31st and shall be submitted to the Social Security Administration of Vietnam by December 15th of ever year.

c) The official annual report shall present the statistics from January 01st to December 31st and shall be submitted to the Social Security Administration of Vietnam by January 20 of the immediately succeeding year.

3. Report data

The number of received applications shall be categorized by subject.

4. Options of report submission

Reports shall be submitted to the social security authority by one of the following methods:

a) In writing;

b) In exe.xls electronic files via the mailing address: [email protected]

c) Via administrative control system of the Bureau of Administrative Procedure Control - Ministry of Justice (The Social Security Administration of Vietnam will issue the guidance on the implementation of this point thereafter).

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