Decision No. 919/QD-BHXH dated August 26th, 2015, amending a number of Articles of Decision No. 01/QD-BHXH, Decision No. 1399/QD-BHXH and Decision No. 488/QD-BHXH of VietNam Social Security

DECISION

AMENDING A NUMBER OF ARTICLES OF DECISION No. 01/QD-BHXH, DECISION No. 1399/QD-BHXH AND DECISION No. 488/QD-BHXH OF VIETNAM SOCIAL SECURITY

GENERAL DIRECTOR OF VIETNAM SOCIAL SECURITY

Pursuant to the Law on Social Security No. 71/2006/QH11 dated June 29, 2006;

Pursuant to the Law on Health insurance No. 25/2008/QH12 dated November 14, 2008 and the Law on amendments to the Law on Health insurance No. 46/2014/QH13 dated June 13, 2014;

Pursuant to Decree No. 05/2014/ND-CP dated January 17, 2014 by the Government on functions, tasks, powers and organizational structure of Vietnam Social Security;

Pursuant to Resolution No. 19/NQ-CP dated March 12, 2015 by the Government on main tasks and measures to improve of business environment and national competitiveness;

In order to simplify procedures to reduce the duration and cost of employers and individuals carrying out transaction with Social Security offices; At the request of Heads of units affiliated to Vietnam Social Security;

DECIDES:

Article 1. To amend a number of articles of Decision No. 01/QD-BHXH dated 03/01/2014 by Vietnam Social Security as follows:

1. The following documents are repealed:

a) The Decision specified in Point 1.4 Clause 1 and Point 2.2 Clause 2 Article 8.

b) The form No. 11A-HSB specified in Point 4.2.d Clause 4 Article 9.

c) The form No. 11B-HSB specified in Point 5.2 Clause 5 Article 9.

(Please refer to Appendix I)

2. These documents are amended as follows:

a) “Danh sách thanh toán chế độ ốm đau, thai sản, dưỡng sức phục hồi sức khỏe” made by employers (Form No. C70a-HD) specified in Clause 3 Article 8, Clause 6 Article 9, Article 10, Clause 5 Article 12 and Point 1.6 Clause 1 Article 13 is replaced by “Danh sách đề nghị giải quyết hưởng chế độ ốm đau, thai sản, dưỡng sức phục hồi sức khỏe” (the List of applicants for benefits for illness, pregnancy and convalescence) (Please refer to the Form No. C70a-HD and the guidance on formulation of the List enclosed herewith).

b) ““Danh sách người lao động hưởng chế độ ốm đau, thai sản, trợ cấp dưỡng sức phục hồi sức khỏe được duyệt” (the Form No. C70b-HD) specified in Clause 5 Article 12, Points 1.2, 1.5 and 1.6 Clause 2 Article 13 is replaced with “Danh sách giải quyết hưởng chế độ ốm đau, thai sản, trợ cấp dưỡng sức phục hồi sức khỏe” (the List of people eligible for benefits for illness, pregnancy and convalescence) (Please refer to the Form No C70b-HD and the guidance on formulation of the List enclosed herewith”.

3. Articles 12 and 13 are amended as follows:

a) Clauses 2 and 3 Article 12 are amended as follows:

“2. Check and complete the dossier of each employee according to regulations in Article 8 and Clauses 1, 2, 3 and 4 Article 9.

3. Cooperate with the Local Trade Union Executive board (if any) or the Provisional Trade Union Executive board (if any) in giving decision on the number of employees, the number of leave and the forms of convalescence after the illness, pregnancy, occupational accidents and/or occupational diseases according to regulations, pursuant to the dossiers on policies for illness, pregnancy, occupational accidents and occupational diseases; provide employees with benefits for illness, pregnancy, convalescence within 03 working days from the day on which the “Danh sách giải quyết hưởng chế độ ốm đau, thai sản, trợ cấp dưỡng sức phục hồi sức khỏe” sent from social security office is received.”

b) Clauses 1.2 Clause 1 Article 13 is amended as follows:

“1.2. Consider provision of benefits for illness, pregnancy and convalescence for each employee according to the List sent by the employer; within 10 days from the day on which such List is received, the Social security office of each district shall formulate 02 copies of the List according to the Form No. C70b-HD. Receive documents sent by employers, check and compare with the approved list and append the seal "ĐÃ DUYỆT” (“Approved”) on each part of the documents; any case determined unconformable and subject to addition or recall of the provided funds shall be recorded in Part C of the List in the Form No. C70b-HD of the next time of application”.

Article 2. To amend a number of articles of Decision No. 1399/QD-BHXH dated 22/12/2014 by Vietnam Social Security as follows:

1. The following documents are repealed:

a) The Form No. 06/BHYT in Appendix 01.

b) The authorization or the document certifying the legal representation for ill people of representative payer specified in Clause 2 Article 16.

(Please refer to Appendix I)

2. Point 5 Section II of Appendix 1 enclosed with Decision No. 1399/QD-BHXH is replaced with Appendix II enclosed herewith.

Article 3. To amend a number of articles of Decision No. 488/QD-BHXH dated 23/5/2012 by Vietnam Social Security as follows:

1. The following documents are repealed:

a) The Form No. 17-CBH, applicable to cases specified in Point c Clause 1 Article 11 and Point g Clause 11 Article 14.

b) The Form No. 21-CBH.

c) The Form No. 22-CBH, applicable to cases specified in Point h Clause 1 Article 11, Clause 8 Article 12 and Clause 6 Article 14.

d) The Form No. 24a-CBH.

dd) The Form No. 24b-CBH.

e) The Form No. 30-CBH, applicable to cases specified in Clause 6 Article 16 and Clause 4 Article 18.

(Please refer to Appendix I)

2. These documents are amended as follows:

a) Regarding the Form No. 19-CBH: the verification of competent authorities is no longer required; the part for the applicant to undertake not to commit violations against regulations in Article 64 of the Law on Social Security No. 58/2014/QH13 is added (Please refer to the Form No. 19-CBH enclosed herewith).

b) The Form No. 20-CBH is renamed the "Giấy thay đổi phương thức nhận lương hưu, trợ cấp BHXH” (the application for change of form of receipt of retirement pensions/social insurance benefits); the verification of the representative of the benefit provider is no longer required and some other contents are removed (Please refer to the Form 20-CBH enclosed herewith).

c) The Form 18-CBH - “Giấy lĩnh thay lương hưu, trợ cấp BHXH" is replaced with the form “Giấy ủy quyền lĩnh thay lương hưu, trợ cấp BHXH” (Please refer to the Form No 18-CBH enclosed herewith).

3. Points b and d Clause 1 Article 11; Clauses 2 and 8 Article 14 are amended as follows:

“If the policyholder has not received the benefits for at least 6 months or the policyholder claims insurance payout arrears because the deadline for receiving the benefit expires and he/she is no longer on the list of insurance payout recipients, the social security office of the district shall consider and grant approval for the application according to the Form No. 19-CBH; give the policyholder the payout not later than the next working day from the day on which the application is received”.

Article 4. This Decision comes into effect from 01/10/2015.

Heads of units affiliated to Vietnam Social Security, Directors of Social Security Offices of central-affiliated cities and provinces are responsible for implementing this Decision./.