Nghị định 197/2025/NĐ-CP thủ tục thành lập bộ máy giúp việc của Hội đồng quản lý bảo hiểm xã hội

DECREE

PROCEDURES FOR ESTABLISHMENT, WORKING REGULATIONS, RESPONSIBILITIES, FUNDING FOR OPERATIONS AND ASSISTANCE APPARATUS OF SOCIAL SECURITY MANAGEMENT COUNCIL

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Organization of Local Government dated June 16, 2025;

Pursuant to the Law on Social Insurance dated June 29, 2024;

At the request of the Minister of Home Affairs;

The Government promulgates Decree on procedures for establishment, working regulations, responsibilities, funding for operations and assistance apparatus of social security management council.

Article 1. Position and functions

1. Social security management council (hereinafter referred to as “management council”) is organized at national level and has the responsibility to assist the Government and the Prime Minister in directing and supervising the operation of social security authorities, and provide counseling on social insurance, health insurance and unemployment insurance policies.

2. The management council may use its seal bearing the National Emblem and has its head office located in Ha Noi city.

3. International business name: Social Security Management Council (abbreviated name: SSMC).

Article 2. Duties, powers and responsibilities

SSMC has the following duties, powers and responsibilities:

1. Approve the following:

a) social insurance development strategies, long-term, 5-year plans on implementation of social insurance, unemployment insurance and health insurance policies and laws, and long-term investment plans before submitting them to competent authorities for approval;

b) annual plans for implementation of social insurance, unemployment insurance, health insurance policies and laws;

c) annual reports on the implementation of social insurance, health insurance and unemployment insurance, health insurance policies and laws; management and use of social insurance, health insurance and unemployment insurance funds before they are submitted by social security authorities to competent authorities;

d) annually estimate the revenue and spending of social insurance, unemployment insurance and health insurance funds; expenditures on social insurance, unemployment insurance, health insurance organization and activities; statements of expenditures on social insurance organization and activities before they are submitted by social security authorities to competent authorities;

dd) schemes, plans for preservation and growth of social insurance, unemployment insurance and health insurance funds;

e) annual investment plans.

2. Make decisions and take responsibility to the Government for investment portfolios, structure and methods of social insurance, health insurance and unemployment insurance funds on the basis of proposals from social security authorities.

3. Supervise and inspect the implementation of the approved strategies, plans and schemes by social security authorities.

4. Propose to competent authorities the formulation, revision and supplementation of policies and laws on social insurance, health insurance and unemployment insurance, social insurance development strategies, improvement of the organizational apparatus of social insurance agencies, and mechanisms for management and use of social insurance, health insurance and unemployment insurance funds.

5. Submit annual reports to the Government and the Prime Minister on the performance of the duties and exercise of the powers in accordance with the Social Insurance Law and this Decree.

6. Perform other duties and powers as assigned by the Government and the Prime Minister.

Article 3. Procedures for establishment and organizational structure of SSMC

1. SSMC is established by the Government and consists of a Chairperson that is the Minister of Finance, 01 full-time Deputy Chairperson and members.

2. Members of SSMC include:

a) Deputy Minister of Home Affairs;

b) Deputy Minister of Health;

c) Deputy Minister of National Defense;

d) Deputy Minister of Public Security;

dd) Deputy Governor of the State Bank of Vietnam;

e) Vice President of the Vietnam General Confederation of Labor;

g) Vice Chairperson of Vietnam Farmers' Union;

h) Vice Chairperson of Vietnam Chamber of Commerce and Industry;

i) Vice President of Vietnam Cooperative Alliance;

k) Director General of Vietnam Social Security.

3. The Prime Minister shall appoint, dismiss, relieve from duty the Chairperson, the full-time Deputy Chairperson and members of SSMC at the request of the Ministry of Home Affairs; the term of members of SSMC is 05 years.

Article 4. SSMC’s working regulations

1. SSMC shall work on a collective basis; organize regular meetings once every three months to consider and decide issues within the duties, powers and responsibilities specified in Article 2 of this Decree. Regarding issues that do not need to be discussed in such meetings, the Chairperson shall decide to collect written opinions from every member. SSMC may convene ad hoc meetings to settle urgent issues as requested by the Chairperson or the full-time Deputy Chairperson or by more than 50% of total number of members.

2. The Chairperson or the full-time Deputy Chairperson authorized by the Chairperson shall be responsible for convening and chairing SSMC’s meetings and directing preparation of contents and documents for meetings. Such contents and documents shall be sent to members at least 05 working days before the meeting date.

Members shall conduct study and make preparations to give their opinions during the discussion and issuance of SSMC’s Resolutions. If necessary, according to the actual situation and contents of the meeting about specific issues, the chairpersons may invite additional representatives who are leaders of some relevant authorities and units or some appropriate scientific researchers and experts to participate in the meeting about such specific issues. Invited members are entitled to express their opinions but are not eligible to vote.

3. A meeting held by SSMC shall be attended by at least two thirds of members of SSMC. A resolution of SSMC shall be passed when more than half of members attending the meeting vote in favor of it. Written enquiries shall be sent to absentees. In case of a deadlock, the Chairperson shall have the casting vote.

Members shall be personally responsible for their decisions and opinions offered during questionnaire surveys or voting with regard to duties, powers and responsibilities specified in Article 20 of the Social Insurance Law and Article 2 of this Decree.

The Chairperson shall report unsettled issues among members to the Prime Minister.

4. Within 10 days from the end of the meeting or receipt of sufficient written opinions from members on the consulted matters, the resolution shall be issued and sent to members for organization of implementation; at the same time, reports shall be submitted to the Prime Minister and relevant authorities and units for cooperation in implementation of relevant regulations.

5. Members are entitled to request the Director of Vietnam Social Security to provide information and documents on matters within the responsibility and jurisdiction of SSMC. The Director of Vietnam Social Security is responsible for promptly, fully and accurately providing information and documents on matters within the responsibility and jurisdiction of SSMC at the request of its members.

6. Members are representatives of ministries, central and local authorities who are entitled to remuneration and are allowed to employ cadres, civil servants and public employees of their ministries, central and local authorities for consultation and assistance.

7. The Chairperson is responsible for directing development and preparation of a report to be submitted to SSMC to issue a Resolution on issuance of working regulations of SSMC, Regulations on cooperation between SSMC and relevant authorities and organizations and other regulations in accordance with law; regulations on organization and operation of the Office of SSMC on the basis of the unanimous approval granted by SSMC.

Article 5. Relationship between SSMC and ministries, central and local authorities and People's Committees of provinces and cities

1. Within the assigned functions, duties and powers according to regulations, SSMC shall participate in and cooperate with relevant ministries, central and local authorities and People's Committees of provinces and cities in development and organization of the implementation of social insurance, health insurance and unemployment insurance policies.

2. Relevant ministries, central and local authorities and People's Committees of provinces and cities shall be responsible for cooperating and enabling SSMC to perform its functions, duties and powers on the basis of compliance with regulations of law and functions, duties and powers of each authority.

Article 6. SSMC’s assistance apparatus

1. SSMC’s assistance apparatus is its Office.

2. SSMC’s Office is organized into functional departments. Duties and organization of the Office shall be decided by the Chairperson on the basis of the unanimous approval granted by SSMC.

3. The number of employees of the Office shall be decided by the Chairperson on the basis the unanimous approval granted by SSMC and is included in total number of employees of Vietnam Social Security as assigned by the competent authority.

4. Employees of the Office are eligible to benefits and rights that are the same as those of employees working at Vietnam Social Security.

Article 7. Funding for operations of SSMC and its assistance apparatus

1. Funding for operations of SSMC and its assistance apparatus is covered by the expenditure estimate for social insurance, unemployment insurance, health insurance activities and other lawful funding sources according to regulations of law.

2. Policies on remuneration, organization of meetings and work-trip allowances applicable to SSMC and its members shall comply with the Government's Decree No. 72/2017/ND-CP dated June 13, 2017.

3. Management, use and statement of funding for operations of SSMC and its assistance apparatus shall comply with regulations of law on expenditures on social insurance, unemployment insurance, health insurance activities and other relevant laws.

Article 8. Effect

This Decree takes effect from July 07, 2025.

Article 9. Implementation responsibilities

Ministers, Heads of ministerial authorities, Heads of Governmental authorities, Chairperson, Deputy Chairperson and members of SSMC, Chairpersons of People's Committees of provinces and cities and relevant authorities, organizations and individuals shall be responsible for implementing this Decree./.