Quyết định 505/QĐ-BHXH 2020 sửa đổi Quy trình thu bảo hiểm xã hội kèm Quyết định 595/QĐ-BHXH

DECISION

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES ON PROCEDURES FOR COLLECTION OF SOCIAL INSURANCE, HEALTH INSURANCE, UNEMPLOYMENT INSURANCE, OCCUPATIONAL ACCIDENT AND DISEASE INSURANCE CONTRIBUTIONS; MANAGEMENT OF SOCIAL SECURITY BOOKLETS AND HEALTH INSURANCE CARDS ISSUED AS AN ANNEX TO THE DECISION NO. 595/QD-BHXH DATED APRIL 14, 2017 OF THE GENERAL DIRECTOR OF VIET NAM SOCIAL SECURITY

GENERAL DIRECTOR OF VIET NAM SOCIAL SECURITY

Pursuant to the Law on Social Security No. 58/2014/QH13 dated November 20, 2014;

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

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

Pursuant to the Law on Occupational Safety and Hygiene No. 84/2015/QH13 dated June 25, 2015;

Pursuant to the Government's Decree No. 01/2016/ND-CP dated January 5, 2016 defining the functions, tasks, powers and organizational structure of the Viet Nam Social Security;

Upon the request of the Head of the Collection Department and the Head of the Booklet – Card Department.

HEREIN DECIDES

Article 1. Amendments and supplements to certain Articles of the Decision No. 595/QD-BHXH dated April 14, 2017 of the Director General on procedures for collection of social insurance (SI), health insurance (HI), unemployment insurance (UI), occupational accident and disease insurance (OADI) contributions; management of social security booklets and health insurance cards, shall be subject to the following regulations:

1. Amending and supplementing point 2.1 of clause 2 of Article 2 as follows:

 “2.1. Participating unit generally refers to any entity, institution, enterprise or organization employing personnel or managing participants in the compulsory SI, HI, UI and OADI schemes. (hereinafter referred to as unit or employing unit)”

2. Amending and supplementing point 2.6 of clause 2 of Article 2 as follows:

 “Receiving division generally refers to the Division for Receipt and Notification of Results of Handling of Submitted Dossiers according to the intramural or extramural single-window mechanism under the control of a Social Security department of a province or district."

3. Amending and supplementing point 2.11 of clause 2 of Article 2 as follows:

 “Outstanding SI, HI, UI, OADI debt refers to the amount of SI, HI, UI and OADI contributions getting into arrears by a unit, labor – war invalid and social affairs agency, financial institution and participant (including late payment interest) in accordance with law.”

4. Amending and supplementing point 2.12 of clause 2 of Article 2 as follows:

“2.12. Confirmation of social security booklet refers to the act of confirming the period during which SI, UI and OADI contributions of a participant have been completely recorded or allotted."

5. Adding subpoint dd of point 1.2 of clause 1 of Article 3 as follows:

“dd) Collecting voluntary SI contributions; HI contributions of participants residing in provinces."

6. Amending and supplementing subpoint a of point 2.1 of clause 2 of Article 3 as follows:

“a) Issuing, reissuing, revising and confirming SI booklets, recording the period of unearned UI benefits, and entering the period of payment of SI, UI and OADI contributions of participants at units that Social Security sub-departments of districts directly collect; SI, UI and OADI participants whose periods of payment of contributions in other districts or provinces are preserved.”

7. Amending and supplementing subpoint a of point 2.2 of clause 2 of Article 3 as follows:

“a) Issuing, reissuing, revising and confirming SI booklets, recording the period of unearned UI benefits, and entering the period of payment of SI, UI and OADI contributions of participants at units that Social Security departments of provinces directly collect; participants who already receive SI benefits or are granted permission for preservation of their periods of payment of SI, UI and OADI contributions in other districts or provinces.”

8. Amending and supplementing point 3.1 of clause 3 of Article 3 as follows:

“3.1. Social Security sub-departments of districts: Issuing, reissuing or renewing HI cards of HI participants whose HI contributions are directly collected by Social Security sub-departments of districts.”

9. Amending and supplementing clause 2 of Article 4 as follows:

“2. Employees who are aliens working in Vietnam who are required to participate in the compulsory SI scheme when they obtain work permits, practicing certificates or practicing licenses issued by competent authorities in Vietnam, or enter into labor contracts with indefinite term or definite term lasting for at least one year with employers in Vietnam. If employees are intra-company transferees as stipulated in clause 1 of Article 3 in the Government’s Decree No. 11/2016/ND-CP dated February 3, 2016, elaborating on the implementation of certain articles of the Labor Code regarding foreign employees working in Vietnam, or employees are at the retirement age as per clause 1 of Article 187 in the Labor Code, they shall not be required to participate in the compulsory HI scheme."

10. Amending and supplementing point 1.5 of clause 1 of Article 5 as follows:

“1.5. As from January 1, 2022, each employee referred to in clause 2 of Article 4 shall pay a monthly insurance contribution accounting for 8% of the monthly pay that he/she receives into the retirement and survivor benefit fund.”

11. Adding point 2.3 to Clause 2 of Article 5 as follows:

“2.3. Each unit pays the monthly insurance contribution calculated based on its SI-subjected payroll according to clause 2 of Article 4 as follows:

a) The contribution accounting for 3% of its SI-subjected payroll is paid into the sickness, maternity and paternity insurance scheme;

b) The contribution accounting for 14% of its SI-subjected payroll is paid into the retirement and survivorship insurance scheme as from January 1, 2022.”

12. Amending and supplementing point 1.2 of clause 1 of Article 6 as follows:

“1.2. The SI-subjected monthly pay of the employees referred to in point 1.6 of clause 1 of Article 4 is the base pay rate (denominated in Vietnamese dong).”

13. Amending and supplementing clause 2 of Article 7 as follows:

“2. If enterprises, cooperatives, sole proprietorship households, cooperative associations operating their business in the agriculture, forestry, aquaculture, salt industry pay their employees in a piece-rate or lump-sum manner, they can register either three-monthly or six-monthly contribution regime with Social Security authorities. Social Security authorities in conjunction with labor authorities can conduct field inspection at each unit before deciding between these regimes for the unit's implementation. They are obliged to pay contributions in full to the SI scheme by the ending day of the permitted contribution interval at the latest.”.

14. Amending and supplementing point 1.6 of clause 1 of Article 9 as follows:

“1.6. Making one-off payment of contributions for years left to full entitlement to insurance benefits. With regard to SI participants who are age-appropriate for entitlement to the old-age pension, if their contribution period left to full entitlement to insurance benefits is not more than 10 years (120 months), they may pay additional insurance contributions to complete the required 20-year cycle for entitlement to old-age pensions. In case of participating in the compulsory SI scheme, they can make one-off payment of voluntary SI contributions for years left to full entitlement to insurance benefits in the due month when they reach the age of eligibility for entitlement to retirement pensions."

15. Amending and supplementing point 3.3 of clause 3 of Article 17 as follows:

“3.3a. Persons rendering meritorious revolutionary services under the provisions of the Ordinance on preferential treatment for persons rendering meritorious revolutionary services.

3. 3b. War veterans, including:

a) Veterans who participated in resistance wars from April 30, 1975 and earlier according to the provisions of clauses 1, 2, 3 and 4 of Article 2 in the Government's Decree No. 150/2006/ND-CP dated December 12, 2006, elaborating and guiding the implementation of a number of articles of the Ordinance on Veterans, which is amended and supplemented in clause 1 of Article 1 in the Government’s Decree No. 157/2016/ND-CP dated November 24, 2016, amending and supplementing the Government's Decree No. 150/2006/ND-CP dated December 12, 2006, elaborating and guiding the implementation of certain Articles of the Ordinance on Veterans.

b) Veterans who participated in resistance wars after April 30, 1975 according to the provisions of clause 5 of Article 2 in the Government's Decree No. 150/2006/ND-CP dated December 12, 2006, elaborating and guiding the implementation of a number of articles of the Ordinance on Veterans and clause 1 of Article 1 in the Government’s Decree No. 157/2016/ND-CP dated November 24, 2016, amending and supplementing the Government's Decree No. 150/2006/ND-CP, including:

- Servicemen and national defense workers or employees already entitled to benefits under the Prime Minister's Decision No. 62/2011/QD-TTg dated November 9, 2011 on regimes and policies for persons participating in wars for protection of the Homeland, rendering international services in Cambodia, and giving friendship support to Laos after April 30, 1975 who have already been retired, demobilized or resigned;

- Military officers, professional servicemen, non-commissioned officers, soldiers and national defense workers or employees directly participating in the national defense war, rendering international services in Cambodia and giving friendship support to Laos after April 30, 1975, who are reassigned to agencies, organizations and enterprises, depending on their appropriate specializations (not entitled to benefits under the Decision No. 62/2011/QD-TTg);

- Military officers and professional servicemen already fulfilling their active military services during the period of Homeland construction and defense, who have been demobilized, retired or reassigned to agencies, organizations and enterprises;

- Militia and self-defense force members engaged in combats or directly rendering combat services after April 30, 1975 who have already been entitled to benefits under the Decision No. 62/2011/QD-TTg.

3.3c. Persons engaged in the resistance war for salvation of the Homeland, including:

a) Persons fighting the US-resistant war for protection of the Motherland who have been granted benefits according to one of the following documents:

- Prime Minister’s Decision No. 290/2005/QD-TTg dated November 1, 2005 on social security regimes and policies for certain persons directly fighting the American resistance war who have yet to be awarded any preferential treatment from the Party and the State;

- Prime Minister’s Decision No. 188/2007/QD-TTg dated December 6, 2007 on amendments to Prime Minister’s Decision No. 290/2005/QD-TTg dated November 1, 2005 on social security regimes and policies for certain persons directly fighting the American resistance war who have yet to be awarded any preferential treatment from the Party and the State;

- Prime Minister’s Decision No. 142/2008/QD-TTg dated October 27, 2008 on implementation of social protection regimes for military servicemen involved in the US resistance war for national salvation who have had less than 20 years working in the army and are now demobilized and discharged from the military to return to their localities;

b) Persons who have already been entitled to benefits under the Decision No. 62/2011/QD-TTg, but are not veterans as stipulated in point 3.3b of clause 3 of this Article;

c) Officers and soldiers of the People's Police participating in the US resistance war for national salvation who have less than 20 years working for the People's Police who have resigned or returned from the People's Police to their localities and have been entitled to benefits under the Prime Minister's Decision No. 53/2010/QD-TTg dated August 20, 2010 on social security regimes for officers and soldiers of the People's Police participating in the US resistance war for national salvation who have less than 20 years working for the People's Police, and currently resign and return to their localities;

d) Young volunteers who have been provided with benefits according to the Prime Minister's Decision No. 170/2008/QD-TTg dated December 18, 2008 on health insurance, funeral and burial benefits for young volunteers involved in the resistance war against France, the Decision No. 40/2011/QD-TTg dated July 27, 2011 regulating social security regimes for young volunteers who have completed their duties in the resistance war and the Government’s Decree No. 112/2017/ND-CP dated October 6, 2017 providing for social security regimes and policies applicable to South-based young volunteers who were involved in the resistance war during the 1965 – 1975 period;

dd) Frontline non-combat soldiers participating in the resistance war against France, the US or for the Homeland protection and rendering international services who have already been entitled to benefits under the Prime Minister's Decision No. 49/2015/QD-TTg dated October 14, 2015 on a number of social security regimes and policies for frontline non-combat soldiers involved in the resistance war against France, against the United States or for protection of the Homeland, or rendering international services.”

16. Amending and supplementing point 3.7 of clause 3 of Article 17 as follows:

“3.7. Members of poor family households defined according to the classification criteria regarding incomes, members of multi-dimensional poor households that suffer a shortage of health insurance as stipulated in the Prime Minister's Decision No. 59/2015/QD-TTg dated November 19, 2015, promulgating the multi-dimensional poverty approach for the period of 2016-2020 and other decisions of competent authorities to amend, supplement or replace the poverty line applied over periods of time; ethnic people currently living in areas facing socio-economic difficulties or extreme socio-economic difficulties; people living at island communes or districts under the Government's Resolutions and the Prime Minister’s Decisions.”

17. Amending and supplementing point 3.15 of clause 3 of Article 17 as follows:

“3.15. Relatives of military officers, professional servicemen, non-commissioned officers and military soldiers in active service, specialized officers, non-commissioned officers and professional and technical or engineering officers, non-commissioned officers serving in the people’s public security forces, cadets of the people’s police, non-commissioned officers and cryptographic officers paid salaries like servicemen, cryptographic cadets who are entitled to the same social security regimes and policies as cadets of military and police education institutions, including:

a) Biological parents; biological parents-in law of beneficiaries; legal caregivers of their own, their wives or husbands;

b) Wives or husbands of beneficiaries;

c) Biological children or legally adopted children of beneficiaries aged from 6 years to under 18 years; biological children and legally adopted children aged 18 years or older if they are still receiving general education.”

18. Adding point 3.16 to Clause 3 of Article 17 as follows:

“3.16. Persons aged 80 years or older who are entitled to monthly survivorship benefits under law on SI.”

19. Adding point 4.1a to clause 4 of Article 17 as follows:

“4. 1a. Members of multidimensional-poverty family households that do not fall into the cases specified in point 3.7 of clause 3 of this Article.”

20. Adding point 5.3 to clause 5 of Article 17 as follows:

“5.3. The following persons eligible for family-based contribution to the HI scheme:

a) Dignitaries, sub-dignitaries and clergy;

b) Persons residing in social relief establishments who are not granted support for contributions to the HI scheme. »

21. Adding clause 8 to Article 17 as follows:

“8. Group of persons whose insurance contributions are paid by employers

8.1. Relatives of national defense workers and employees in active service for the Army.

8.2. Relatives of public security workers on active service for the People’s Police.

8.3. Relatives of persons performing other jobs in cryptography organizations.”

22. Amending and supplementing clause 4 and clause 7 of Article 18 as follows:

“4. With regard to the insurance participants referred to in point 2.2, 2.3 and 2.5 of clause 2 of Article 17, the rate of monthly contribution that each of them pays to the insurance scheme accounts for 4.5% of his/her base pay, which is paid at the Social Security agency’s expense.

7. With regard to the insurance participants referred to in point 3.1, 3.3a, 3.3b, 3.3c, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.12, 3.13, 3.15 and 3.16 of clause 3 of Article 17, and those classified as members of near-poor family households of whom contributions are covered at 100% by the state budget as per point 4.1 of clause 4 of Article 17, the rate of monthly contribution that each of them pays to the insurance scheme accounts for 4.5% of his/her base pay, which is paid at the state budget's expense."

23. Amending and supplementing clause 10 of Article 18 as follows:

“10. With regard to the insurance participants referred to in point 4.1 and 4.1a of clause 4 of Article 17, the rate of monthly contribution that each of them pays to the insurance scheme accounts for 4.5% of his/her base pay, which is paid at his/her own expense and partially covered at 70% by the state budget.

The state budget shall cover 100% of HI contributions as its support granted to members of near-poor family household residing in poor districts referred to in the Government’s Resolution No. 30a/2008/NQ-CP dated December 27, 2008 regarding the assistance program for quick and sustainable poverty reduction, and in districts where social security regimes and policies defined in the Resolution No. 30a/2008/NQ-CP are applied.”

24. Adding point d to clause 13 of Article 18 as follows:

“d) Any deduction for the health insurance contribution rate stipulated in this point shall be granted to members participating in the family-based HI scheme only if all of them enroll in the insurance scheme in the same financial year.”

25. Adding clause 14 to Article 18 as follows:

“14. With regard to the insurance participants referred to in clause 8 of Article 17, the rate of monthly contribution that each of them pays to the insurance scheme accounts for 4.5% of his/her base pay, which is paid by his/her employer by using the following funds:

a) If this employer is a state budget-financed unit, his/her insurance contribution shall be covered by the state budget;

b) If this employer is a public service unit, his/her insurance contribution shall be covered by that unit’s funds under law on financial autonomy of public service units;

c) If this employer is an enterprise, his/her insurance contribution shall be covered at that enterprise’s expense.

d) In case where any insurance participant specified in this clause is also classified into various groups of participants in the HI scheme stipulated in clause 1, 2, 3 and 4 of this Decision, his/her insurance contribution shall be paid in the following order: By both the participant himself/herself and his/her employer; by the Social Security agency; by the state budget; by his/her employer.”

26. Amending and supplementing clause 3 of Article 19 as follows:

“3.3. With regard to the insurance participants referred to in point 3.1, 3.3b, 3.3c, 3.4, 3.5, 3.7, 3.10, 3.13, 3.15 and 3.16 of clause 3 of Article 17, and those whose insurance contributions are covered at 100% by the state budget as per point 4.1 of clause 4 of Article 17, on a quarterly basis, financial institutions shall transfer money to pay contributions to the HI scheme; each year, transfers of money to the HI scheme must be complete by December 15 at the latest.

With regard to the insurance participants referred to in point 3.3a, 3.6, 3.7, 3.8, 3.9 and 3.12 of clause 3 of Article 17, on a quarterly basis, labor – war invalid and social affairs agencies shall transfer money to pay contributions to the HI scheme; each year, transfers of money to the HI scheme must be complete by December 15 at the latest.”

27. Amending and supplementing clause 5 of Article 19 as follows:

“5. With regard to the insurance participants referred to in point 4.1, 4.1a and 4.3 of clause 4 of Article 17, on a three-monthly, six-monthly or twelve-monthly basis, representatives of family households or individuals shall pay contributions on their part to collecting agents or at Social Security agencies. With regard to those failing to participate within the period of entitlement to the policy prescribed in the approving decision issued by the competent authority, when participating, they shall have to pay such contributions during the remaining period prescribed in the decision to entitlement to the policy. If they participate on any day of a month, their HI contributions shall be calculated monthly from the day on which these contributions are paid.”

28. Adding clause 7a to Article 19 as follows:

“7a. With regard to participants prescribed in clause 6 of Article 17, on a monthly basis, employers shall pay HI contributions for or to these participants' benefit on the same day on which they pay legally required HI contributions for their employees.”

29. Revising the title of clause 1 of Article 21 and adding point 1.5 to clause 1 of Article 21 as follows:

“1. Public officials, civil servants and public employees and workers working under labor contracts who are required to participate in OADI, including:”

“1.5. Employees who are aliens working in Vietnam who are required to participate in the OADI when they obtain work permits, practicing certificates or practicing licenses issued by competent authorities in Vietnam, or enter into labor contracts with indefinite term or definite term lasting for at least one year with employers in Vietnam.”

30. Amending and supplementing point 1.2 of clause 1 of Article 25 as follows:

“1.2. Units; People's Committees of communes; social assistance establishments, sanatoriums taking care of war invalids and people with meritorious services to the revolution; vocational education institutions affiliated to labor, war invalids and social affairs authorities; collecting agents/schools; SI benefit management divisions/teams: List of participants in the HI scheme only (Form No. D03-TS); List of participants in the HI scheme (Form No. 2 issued as an appendix to the Government's Decree No. 146/2018/ND-CP dated October 17, 2018) applicable to participants under the control of the Ministry of Labor, War Invalids and Social Affairs.”

31. Amending and supplementing clause 1 of Article 27 as follows:

“1. Reissuing SI booklets due to loss, damage or combination

1.1. An application package is composed of:

a) In case of application for reissuance of a SI booklet due to loss or damage: Declaration form for SI, HI participation or adjustment of SI or HI information (Form No. TK1-TS).

b) Combination of SI booklets:

- Declaration form for SI, HI participation or adjustment of SI or HI information (Form No. TK1-TS).

- SI booklets of which combination is demanded (if any).

1.2. Quantity of application: 01 set.”

32. Amending and supplementing point 2.1 of clause 2 of Article 30 as follows:

“2.1. Where there is no change in information, HI cards shall be issued on the day of full receipt of the legally required application.”

33. Revising the title of sub-point c of point 1.1 of clause 1 of Article 31 as follows:

“c) In case of reissuance, combination or change of information of SI booklets or HI cards; accumulation of participation periods without being required to pay SI contributions, application packages shall be completed as per Article 27 and submitted as follows:”

34. Amending and supplementing the second mark (-) of sub-point c of point 1.1 of clause 1 of Article 31 as follows:

“- People who have their payment period of SI participation reserved and people who have received retirement pensions and SI benefits shall submit their applications to Social Security agencies nationwide if they apply for reissuance of or adjustments to contents of their SI booklets.

35. Amending and supplementing sub-point c of point 1.3 of clause 1 of Article 31 as follows:

“b) Pamphlets showing notification and confirmation of SI contribution periods which are received on an annual basis.”

36. Amending and supplementing sub-point c of point 2.3 of clause 2 of Article 31 as follows:

“b) Pamphlets showing notification and confirmation of SI contribution periods which are received on an annual basis.”

37. Amending and supplementing point 2.1 of clause 2 of Article 31 as follows:

“2.1. Declaring required information and submitting application packages: Participants shall complete application packages as per Articles 24 and 27, and submit them to collecting agents or Social Security agencies.”

38. Amending and supplementing point 2.2 of clause 2 of Article 31 as follows:

“2.2. Payment of insurance contributions: Participants shall pay insurance contributions to collecting agents or Social Security agencies according to the registered payment methods or via banks or smart facilities relevant to the registered payment methods.”

39. Amending and supplementing point 3.1 of clause 3 of Article 31 as follows:

“3.1. Declaring required information: Application packages shall be completed as per Article 25 and clause 4 of Article 27 and submitted as follows:”

40. Amending and supplementing contents of the first mark (-) of point 3.2 of clause 3 of Article 31 as follows:

Family household-based HI participants and participants whose insurance contributions are partially paid by the state budget shall pay their insurance contributions to collecting agents or Social Security agencies according to the registered payment methods or via banks or smart facilities relevant to the registered payment methods.”

41. Amending and supplementing the title of Article 32 and the title of clause 1 of Article 32 as follows:

“Article 32. Units; labor, war invalids and social affairs authorities, People's Committees of communes; collecting agents/schools, social assistance establishments, sanatoriums taking care of war invalids and people with meritorious services to the revolution; vocational education institutions affiliated to labor, war invalids and social affairs authorities, SI benefit management divisions/teams

 “1. Units”

42. Amending and supplementing the second mark (-) of sub-point c of point 1.2 of clause 1 of Article 32 as follows:

“- Participants who have not obtained or forgot their SI numbers shall cooperate with Social Security authorities where they register to pay their insurance contributions in successfully register and confirm Social Security numbers.”

43. Amending and supplementing point 1.3 of clause 1 of Article 32 as follows:

“1.3. With respect to submission of applications, applications shall be submitted to Social Security agencies through public postal services.”

44. Amending and supplementing sub-point a of point 1.5 of clause 1 of Article 32 as follows:

“a) Monthly notifications of results of payment of SI, HI and OADI contributions (completing the Form No. C12-TS) shall be sent through public postal services for inspection and comparison purposes. If there is any incorrect information, employers shall cooperate with Social Security agencies in dealing with this issue.”

45. Amending and supplementing sub-point c of point 1.5 of clause 1 of Article 32 as follows:

“c) Cooperate with Social Security agencies/public post offices in directly delivering SI booklets to participants and receiving HI cards to send them to participants.”

46. Adding sub-point c to point 2.2 of clause 2 of Article 32 as follows:

“c) Pay checks evidencing payment of remunerations to collecting agents (Form No. C66-HD attached to the Circular No. 102/2018/TT-BTC dated November 14, 2018 of the Ministry of Finance).”

47. Amending and supplementing point 2.3 of clause 2 of Article 32 as follows:

“2.3. With respect to submission of application packages, application packages shall be submitted to Social Security agencies or through public postal services.”

48. Amending and supplementing sub-point a of point 2.5 of clause 2 of Article 32 as follows:

“a) HI cards given to participants; cooperate with Social Security agencies/public post offices in passing on SI booklets to participants.”

49. Adding sub-point c to point 2.5 of clause 2 of Article 32 as follows:

 “c) Receiving permissible remunerations.”

50. Amending and supplementing point 3.1 of clause 3 of Article 32 as follows:

 “3.1. Receiving application packages

Application packages of participants as legally required”

51. Amending and supplementing subpoint a of point 3.2 of clause 3 of Article 32 as follows:

“a) Declaring required information: Application packages shall be completed according to Article 25 and clause 4 of Article 27. In case where there is any link to birth registration data of under-6-year-old children on the electronic system for civil registration and management of the Ministry of Justice, the List of participants receiving HI cards (Form No. D03-TS) shall not be required.”

52. Amending and supplementing point 3.3 of clause 3 of Article 32 as follows:

 “3.3. Submitting application packages:

a) With regard to participants referred to in point 3.3a, 3.3b, 3.3c, 3.5, 3.6, 3.7, 3.8, 3.9, 3.12 and 3.16 of clause 3; point 4.1, 4.1a and 4.3 of clause 4 of Article 17 and other participants (if any), their application packages shall be submitted to labor, war invalids and social affairs authorities that are authorized appropriately.

b) With regard to other participants, their application packages shall be submitted through public postal services.”

53. Amending and supplementing subpoint a of point 3.4 of clause 3 of Article 32 as follows:

“a) List of participants receiving HI cards (Form No. D10a-TS) and HI cards that passed on to participants.”

54. Adding sub-point c to point 3.4 of clause 3 of Article 32 as follows:

“c) Receiving fees for compilation of lists of HI participants.”

55. Amending and supplementing Clause 4, 5 and 6 of Article 32 as follows:

“4. Labor, war invalids and social affairs authorities

4.1. Receiving the list of participants in the HI scheme only (Form No. D03-TS) from People’s Committees of communes, and cooperating with Social Security agencies for comparison, inspection and confirmation purposes, and send such list to Social Security agencies to serve the purpose of calculating collections and issuing HI cards.

4.2. On a quarterly basis

a) Receiving the Form No. C12-TS from supervisory entities through public postal services for the purpose of checking, comparing and remitting money or requesting financial institutions to remit money to the HI fund as per regulations.

b) Receiving the lists of participants receiving HI cards (Form No. D10a-TS) from supervisory entities for monitoring and management purposes.

5. Social assistance establishments, sanatoriums taking care of war invalids and people with meritorious services to the revolution; vocational education institutions affiliated to labor, war invalids and social affairs authorities

5.1. Receiving application packages from participants according to regulations.

5.2. Declaring required information

a) Completing application packages as per Article 25 and clause 4 of Article 27.

b) Entering SI numbers in the same manner as in sub-point c of point 1.2 of clause 1 of this Article.

5.3. Submitting application packages: Submitting application packages to Social Security agencies through public postal services.

5.4. Paying money: Collecting, remitting or requesting labor, war invalids and social affairs authorities or financial institutions to remit insurance contributions to the HI fund in accordance with regulations.

5.5. Receiving results: List of participants receiving HI cards (Form No. D10a-TS) and HI cards that passed on to participants.

6. SI benefit management division/team

6.1. Receiving application packages from participants according to regulations.

6.2. Declaring required information

a) Making the List of participants in the HI scheme only (Form No. D03-TS). This is required of HI participants whose insurance contributions are paid by social insurers (including persons awaiting decisions on entitlement to retirement pensions).

b) Compiling the list and dossiers of employees having their claims for one-off payment of SI benefits settled and not receiving unemployment benefits yet; participants that enjoy, cease to enjoy or terminate enjoyment of unemployment benefits, for submission to collection management divisions/teams for the purpose of checking and reconfirming data on total period of unclaimed unemployment benefits on the national collection database.

c) Application package for adjustment in collection of SI and UI contributions for entitlement to SI and UI benefits.

6.3. Submitting application packages: Application packages shall be submitted to receiving Divisions.”

56. Amending and supplementing Article 33 as follows:

“Article 33a. Handling application dossiers and issuing Social Security numbers

1. Receiving divisions

1.1. Receiving application packages from participants; units; social assistance establishments; sanatoriums taking care of war invalids and people with meritorious services to the revolution; vocational education institutions affiliated to labor, war invalids and social affairs authorities; People's Committees of communes; collecting agents/schools via public postal units or SI benefit management divisions/teams, including application dossiers received on the National Public Service Portal, the Public Service Portal of Vietnam Social Security or via electronic transaction software of Vietnam Social Security; checking the number of submitted dossiers and information shown in data fields available in the stipulated forms against their administrative data.

a) If their administrative data and data shown in dossiers are incorrect or incomplete: Issuing the written request form for perfection and finalization of submitted dossiers (Form No. 02) or the written notification of refusal to accept and handle submitted dossiers (Form No. 03) prepared as an appendix to the Decision No. 2192/QD-BHXH dated December 10, 2019 of Vietnam Social Security, introducing regulations on organization and operation of the Division for Receipt and Notification of Results of Handling of Submitted Dossiers operating according to the intramural or extramural single-window mechanism in the social security sector

b) If their administrative data and data shown in dossiers are correct or complete: Issuing the appointment letter (Form No. 01 given in the Decision No. 2192/QD-BHXH).

c) Participants submitting their application packages in person at Social Security agencies:

- Instructing them to prepare their application packages as per Article 23, 24, 25 and 27. If there is any attachment to submitted dossiers, making copies thereof, giving confirmation and return the primary copies to them.

- Instructing participants to pay insurance contributions as required by regulations.

- Issuing the appointment letter (Form No. 01) specified in the Decision No. 2192/QD-BHXH.

1.2. Transferring submitted dossiers and data to SI booklet and HI card issue divisions/teams.

When being linked to birth registration data of under-6-year-old children on the electronic system for civil registration and management of the Ministry of Justice, software for receipt and management of dossiers can automatically send the List of participants receiving HI cards (Form No. D03-TS) to SI booklet and HI card issue divisions/teams.

1.3. Receiving results of handling of submitted dossiers of units, participants (i.e. SI booklets, HI cards); dossiers of units, participants; application dossiers for determination of insurance contributions collectible, issuance of SI booklets and HI cards of Social Security agencies, from SI booklet and HI card divisions/teams, or collection divisions/teams.

a) Sending SI booklets to participants, or sending HI cards to units so that units can pass on them to participants via public postal services.

b) Keeping custody of submitted dossiers as legally required.

2. SI booklet and HI card issuance divisions/teams

2.1. Receiving electronic transaction dossiers and data via the Division for receipt of dossiers, the collection management division/team or SI benefit management division/team; checking data shown on forms and dossiers against their administrative data to ensure the former is correct and complete.

a) As for dossiers in which participation periods accumulate, but additional payment of SI contributions is not required; titles of arduous, toxic, hazardous or dangerous, or specially arduous, toxic, hazardous or dangerous, occupations or jobs were adjusted before 1995; SI booklets are combined, cooperating with relevant divisions in reviewing these dossiers, issuing the written notification of request for provision of updated information about the working period in which payment of insurance contributions are not required (Form No. C09-TS), the List of participants requesting combination of SI booklets (Form No. C18-TS) for submission to the person holding executive position to seek his/her approval; keep the scan of the dossier bearing approval granted by the Leadership of the provincial Social Security agency in the collection management software.

b) Classifying and referring dossiers

- Promptly forwarding dossiers with full SI numbers of units and participants to collection management divisions/teams.

- In reference to any dossier in which at least one participant has not yet obtained SI numbers, completing SI numbers of participants according to requirements of the family household database, entering SI numbers into the column “SI numbers” shown in Form No. D02-TS, D03-TS and D05-TS, and then transferring the completed form to the collection management division/team.

- In case where a unit or participant submits the dossier on changes in insurance participants arising in the succeeding month on the last day of the previous month, participants should be assured that HI cards come in use as from the first day of the month in which these changes arise.

2.2. Based on actual conditions of specific localities, Directors of provincial Social Security agencies shall set time limits for handling of submitted dossiers by relevant divisions, ensure social security numbers of participants are completed; data on collection of insurance contributions and issuance of SI booklets and HI cards of participants are updated, within 02 days.

Article 33b. Recording data and managing collection data

1. Distributing amounts collectible

1.1. Collecting officers

Receiving dossiers and data from SI booklet and HI card issuance divisions/teams; checking entries shown in submitted forms and dossiers against data under their control:

a) If data shown in dossiers are inconsistent with their administrative data: Making the written request form for perfection and finalization of submitted dossiers (Form No. 02).

b) If data shown in dossiers are consistent with their administrative data: Entering data and information shown in dossiers into collection management software:

- As for dossiers prescribed in sub-point a of point 2.1 of clause 2 of Article 33a, checking information given in Form No. C09-TS or Form No. C18-TS against data included in the scanned dossiers stored in the collection management software; if these data tally with each other, they shall be input into the collection database.

- As for data changed over time, inputting updated data into the collection management software, entering past SI, HI, UI and OADI contributions paid into respective insurance funds to calculate amounts of contribution to be paid, the period of SI, HI, UI and OADI participation, entering the validity period of each HI card; determining the amount of remuneration paid to SI and HI contribution collecting agents.

As regards employees who are transferred to other units, shifting data on SI, HI, UI and OADI contributions from their previous units to new ones for controlling and monitoring purposes (ensuring that each participant has the only one set of SI, HI, UI and OADI contribution data for monitoring of past contributions from the beginning).

Everyday, 17:00 shall be the cutoff point by which data on changes arising within a day and amounts of SI, HI, UI and OADI contribution collectible from participants (Form No. C69a-HD) must be submitted.

- Everyday, 8:30 shall be the cutoff point by which collecting officers must sign the preceding day’s Form No. C69a-HD submitted by units falling under their remit, and store it in the collection management software.

Within 05 minutes after the cutoff point, if the Form No. C69a-HD is not signed, the collection management software will automatically block data.

1.2. Directors of Social Security agencies of districts, Heads of collection management divisions:

By 8:45 each day:

+ Gathering the amounts of SI, HI, UI and OADI contribution collectible of all units in the preceding day (completing Form No. C69b-HD) from all collecting officers; signing and storing the form in the collection management software.

Within 05 minutes after the cutoff point, if the Form No. C69a-HD is not signed, the collection management software will automatically block data.

1.3. Directors of Social Security agencies of provinces: By 9:00 each day, gathering the amounts of SI, HI, UI and OADI contribution collectible throughout the province (completing Form No. C69c-HD) and amounts of remuneration paid to collecting agents (completing Form No. D11c-TS); signing and storing these forms in the collection management software.

+ Within 05 minutes after the cutoff point, if the Form No. C69a-HD and Form No. D11c-TS are not signed, the collection management software will automatically block data.

1.4. Head of the collecting department

By 9:30 each day, gathering Form No. C69d-HD, Form No. C83d-HD, Form No. D11d-TS and Form No. D12d-TS nationwide from the collection management software; signing them and presenting them to the Social Security Leadership, store them in the collection management software and automatically comparing data or information shown in these forms with those available in the accounting software.

2. Distributing collections

2.1. Budget - Finance officers

a) Based on daily pay-in vouchers of units, labor, war invalid and social affair authorities, financial institutions and participants (even when recording collection of contributions from HI participants that are covered by the central government's budget and SI and UI funds), Budget - Finance officers shall promptly distribute collections and late payment interest to each participant (Form No. C83a-HD) in the following order:

- Dispensing money to employees who qualify for SI benefits or whose employment or labor contracts are terminate (including SI, HI, UI and OADI contributions and late payment interest) in order to promptly pay insurance benefits to employees under law (if any);

- The remaining amounts shall go through the collection accounting process as follows:

+ Collecting contributions payable to the HI scheme and interest on late payment or penalties for evasion of payment of HI contributions in full (if any);

+ Collecting contributions payable to the UI scheme and interest on late payment or penalties for evasion of payment of UI contributions in full (if any);

+ Collecting contributions payable to the OADI scheme and interest on late payment or penalties for evasion of payment of OADI contributions in full (if any);

+ Collecting (e.g. sickness, maternity and paternity, retirement and survivorship insurance) contributions payable to the SI scheme and interest on late payment or penalties for evasion of payment of SI contributions (if any).

+ In case where amounts of insurance contribution are not enough to be distributed into the aforesaid insurance schemes, amounts of insurance contribution collectible shown in Form No. C69a-HD shall be distributed pro-rata.

- Everyday, 17:00 shall be the cutoff point by which data on distribution of collections of units in a day must be submitted. In case where any pay-in voucher is issued after 17:00, the collection management software will automatically distribute the amount shown in that voucher by 23:59.

b) By 8:30 each day:

- Gathering and signing the Form No. C83a-HD completed in the preceding day.

- Stopping any change in data shown in the comprehensive Chart of amounts of remuneration paid to collecting agents (Form No. D12b-TS) completed in the preceding day.

Within 05 minutes after the cutoff point, if Form No. C83a-HD is not signed, the collection management software will automatically block data.

2.2. Heads of Budget and Finance Divisions/Directors of Social Security agencies of districts: By 8:45 each day, signing the comprehensive Chart of amounts of SI, HI, UI and OADI contribution collections (Form No. C83b-HD), Form No. D12b-TS of the preceding day, and storing them in the accounting software.

Within 05 minutes after the cutoff point, if Form No. C83b-HD or Form No. D12b-TS is not signed, the accounting software will automatically block data.

2.3. Directors of Social Security agencies of provinces: By 9:00 each day, signing the comprehensive Chart of distributed amounts of SI, HI, UI and OADI contribution collections (Form No. C83c-HD), the comprehensive Chart of amounts of remuneration paid to collecting agents (Form No. D12c-TS), and storing them in the accounting software.

Within 05 minutes after the cutoff point, if Form No. C83c-HD or Form No. D12c-TS is not signed, the accounting software will automatically block data.

2.4. Keeping custody of dossiers and vouchers or proofs as legally required.

3. Director of the Finance – Accounting Department

By 9:00 each day, gathering Form No. C69d-HD, Form No. C83d-HD, Form No. D11d-TS and Form No. D12d-TS nationwide from the accounting software; signing them, presenting them to the Social Security Leadership, and checking data shown in these forms against those available in the collection management software.

Article 33c. Using collection data

1. SI booklet and HI card issuance divisions/teams

Receiving dossiers and data from the collection management division/team; comparing information shown in data fields available in forms and dossiers with administrative data; if data and dossiers are not consistent: Making the written request form for perfection and finalization of submitted dossiers (Form No. 02); based on collection management data already recorded in the collection database:

1.1. Printing SI booklets and HI cards out; signing the List of participants receiving SI booklets (Form No. D09a-TS), the List of HI cards (Form No. D10a-TS) in the collection management software, enclosing dossiers of units or participants, delivering them to the dossier receiving Division in order to pass them on to units, participants, and storing them as per regulations.

1.2. Printing confirmation of participation period on pieces of paper collated as part of SI booklets before passing the collated booklets on to employees in the following cases:

a) Giving confirmation of SI booklets to employees when ceasing to pay SI and UI contributions; paying SI and UI benefits.

b) Confirming the past payment of OADI contributions until the time of participants’ being involved in occupational accidents or suffering occupational diseases.

c) Confirming the past payment of SI and UI contributions at the request of units or inspection bodies.

d) These SI booklets are held by participants receiving one-off payment of SI benefits and having their UI contribution period reserved.

dd) Adjusting information about SI and UI participation (even when SI benefits have already been paid).

e) Needing to obtain confirmation of SI booklets for the purposes of receiving old-age retirement benefits, reserving SI contribution period and transferring all the data on past insurance contributions to monitor them separately to serve the purpose of paying SI, HI, UI and OADI benefits.

1.3. On a monthly basis: Gathering reports on accomplishment of targets of management of collection; issuance of SI booklets and HI cards (Form No. B01-TS), and signing on the collection management software.

1.4. On a yearly basis, printing (or ordering the printing of):

a) Notice of confirmation of the SI and UI participation of each employee (Form No. C14-TS) which is issued to employees providing contact addresses without their phone numbers shown in the database; sending it to each participant via public postal services by March 31 each year. Examining and supervising the delivery of the written confirmation of SI and UI participation period (Form No. C14-TS) by public postal service providers.

As regards SI participants whose phone numbers are given in the database, sending SMS messages about confirmation of SI and UI participation period to their phone numbers.

b) Notification of results of SI, HI, UI and OADI contribution (Form No. C13-TS) to be sent to units through public postal services. Examining and supervising the delivery and receipt of Form No. C13-TS through public postal service providers and the posting of this form at a unit.

1.5. Completing the Tally Sheet of SI booklet specimens in use (Form No. C06-TS), the Tally Sheet of HI card specimens in use (Form No. C07-TS), and keeping a journal providing information about issuance of SI booklets and expiry date of HI cards; use of SI booklet specimens and HI card specimens (Form No. S04-TS, S05-TS, S06-TS, S07-TS). Tally sheets and journals shall be managed in the database and completed only at the request of a Leader, inspectorate or competent authority.

2. Collection management divisions/teams

2.1. Each month, Directors of Social Security agencies of provinces or districts shall approve and store the followings in the collection management software:

a) Notification of results of SI, HI, UI and OADI contribution (Form No. C12-TS) sent to units through public postal services. Examining and supervising the delivery and receipt of Forms No. C12-TS through public postal services.

b) Notification of results of SI, HI, UI and OADI contribution (Form No. C12-TS) of participants with their HI contributions paid by social insurers which is sent to the Budget and Finance division/team.

c) Report on accomplishment of targets of management of collection, issuance of SI booklets, HI cards (Form No. B01-TS); review report on collection of SI, HI, UI and OADI contributions (Form No. B06-TS).

d) Form No. C69b-HD, Form No. D11b-TS gathered on a monthly basis.

dd) List of participants in the HI scheme only (Form No. D03-TS) whose SI contributions are paid by social insurers; organ donors, children under 6 years old (if any), sent to People’s Committees to seek their confirmation.

e) List of HI cards (Form No. D10a-TS) of participants under the control of the Ministry of Labor, War Invalids and Social Affairs which is sent by labor, war invalids and social affairs authorities for monitoring and administrative purposes.

2.2. On a monthly basis, Directors of Social Security agencies of provinces or districts shall approve and store the followings in the collection management software:

a) Form No. C12-TS submitted to labor, war invalids and social affairs authorities; complete chart of participants and the state budget’s full payment or assistance in payment of HI contributions (Form No. 1 attached to the Government’s Decree No. 146/2018/ND-CP dated October 17, 2018) submitted to financial institutions to demand their corresponding payment into the HI fund.

b) Quantitative chart of HI cards and insurance contribution collectibles by primary healthcare service providers (Form No. B05-TS).

c) Activity statistic report (Form No. B02a-TS, Form No. B02a-TS for amounts accumulated from the beginning of year, Form No. B04a-TS).

d) Activity statistic report (Form No. B02b-TS, Form No. B02b-TS for amounts accumulated from the beginning of year, Form No. B04b-TS).

dd) Chart of voluntary HI participants, state budget’s assistance in payment of insurance contributions (Form No. B09-TS) which is submitted to financial institutions to demand their corresponding payment into the SI fund.

2.3. Cooperating with labor, war invalids and social affairs authorities in reviewing and examining the List of participants in the HI scheme only (Form No. D03-TS).

2.4. Cooperating with SI booklet and HI card issuance divisions/teams, Budget – Finance divisions/teams in compiling dossiers of reimbursement cases for submission to the Director of the Social Security agency to seek his/her approval.

3. Budget - Finance divisions/teams

3.1. Collating Forms No. C12-TS from participants whose SI contributions are paid by social insurers for examination and comparison purposes. In case of any discrepancy that arises, cooperating with SI benefit management division/team or collection management division/team in taking any possible action.

3.2. On a monthly basis: Director of the Social Security agency of a province or district signs Form No. C83b-HD, Form No. D12b-TS gathered on a monthly basis in the accounting software and store them in the accounting software.

4. Communications and participant expansion divisions/teams

4.1. By 8:30 each day: Participant expansion officer shall complete the detailed calculation chart of remuneration paid to SI and HI contribution collecting agents (Form No. D11a-TS), sign and store it in the collection management software.

Within 05 minutes after the cutoff point, if the Form No. C69a-HD is not signed, the collection management software will automatically block data.

4.2. By 8:45 each day: Heads of Communications and participant expansion Divisions/Directors of Social Security agencies shall complete the calculation chart of remuneration paid to SI and HI contribution collecting agents (Form No. D11b-TS) of the immediately preceding day; sign and store it in the collection management software.

Within 05 minutes after the cutoff point, if the Form No. D11b-TS is not signed, the collection management software will automatically block data.

4.3. On a monthly basis, printing out:

- List of voluntary SI or HI participants 30 days prior to the payment due date (Form No. D08a-TS) which is sent to collecting agents to expedite payment and collection of insurance contributions.

- Comparison chart of money collection receipt and collection compiled by using the Form No. C17-TS and calculation Chart of remuneration paid to SI and HI contribution collecting agents (Form No. D12b-TS) which are compared with data under the control of the Budget – Finance divisions/teams and collecting agents/schools.

5. SI benefit management divisions/teams

5.1. If data shown in submitted applications are consistent with collection data, SI, OADI and UI benefits shall be paid.

5.2. If data shown in the collection management software and submitted applications are not consistent, cooperating with collection management divisions/teams, SI booklet and HI card issuance divisions/teams in giving data confirmations in accordance with regulations before handling of submitted applications.

5.3. Compiling the list of employees whose arrears recovery period tallies with the period of entitlement to UI benefits or the one-year period of termination of employment for which the one-off payment of SI benefits is received for the purpose of recuperating UI benefits or one-off payment of SI benefits.

6. HI assessment divisions/teams

6.1. Printing out the comprehensive chart of insurance contributions payable and the number of HI cards demanding registration for primary healthcare service providers (Form No. B05-TS) from the collection management software and sending it to a healthcare service provider.

6.2. Updating the collection management software with the list of healthcare service providers which is compiled when entering into contracts with primary healthcare service providers under their decentralized authority.”

57. Amending and supplementing the third dash (-) of subpoint a of point 1.1 of clause 1 of Article 34 as follows:

“- List of units that are dissolved, go bankrupt, have their business registration certificates revoked, shut down their operation or temporarily suspend their operation (Form No. D04c-TS).”

58. Amending and supplementing subpoint a of point 1.2 of clause 1 of Article 34 as follows:

“a) According to the authorization granted by the technology and information center, reviewing, comparing, analyzing and processing data and making a list of units of which surprise inspection is required (Form No. D04m-TS).”

59. Amending and supplementing subpoint a of point 1.3 of clause 1 of Article 34 as follows:

“a) According to that List transferred from the collecting department, making plans for inspection in accordance with regulations."

60. Amending and supplementing the third dash (-) of subpoint a of point 2.1 of clause 2 of Article 34 as follows:

- List of units that are dissolved, go bankrupt, have their business registration certificates revoked, shut down their operation or temporarily suspend their operation (Form No. D04c-TS).”

61. Amending and supplementing point 2.2 of clause 2 of Article 34 as follows:

“2.2. Procedures for reviewing, investigating and expediting collection of SI, HI, UI and OADI contributions

a) Collection management divisions/teams

- Cooperating with communications and participant expansion divisions/teams and other relevant units in: Comparing Form No. D04a-TS and Form No. D04b-TS with data of units in charge of collection, planning and implementation of tasks of development and expansion of SI, HI, UI and OADI participants.

+ Sending employing units:

Form No. D04e-TS and Form No. D04a-TS to units that have not yet paid SI, HI, UI and OADI contributions.

Form No. D04e-TS and Form No. D04b-TS to units that is paying SI, HI, UI and OADI contributions for their employees’ benefit which are not adequate.

15 days after the first delivery, if any unit continues not to pay SI, HI, UI and OADI contributions for their employee’s benefit, the second delivery of these forms shall be required.

+ Cooperating with communications and participant expansion divisions/teams and other relevant bodies in directly meeting with participating units, reviewing, investigating and soliciting them to participate and pay SI, HI, UI and OADI contributions for their employees' benefit in full; issuing the Meeting Minutes (Form No. D04h-TS) to request participating units to pay SI, HI, UI and OADI contributions for their employee’s benefit within 05 days.

As regards units complying with the request for payment of SI, HI, UI and OADI contributions for their employees’ benefit, instructing units and employees to prepare application dossiers for registration for payment of SI, HI, UI and OADI contributions as per Article 23 for submission to Social Security agencies (or instructing units to perform electronic transactions).

As regards units that do not comply with the request for payment of SI, HI, UI and OADI contributions for their employees’ benefit or refuse to sign the meeting minutes, 5 days after completion of the meeting minutes, cooperating with the Inspection division/team or the Communications and Participant Expansion division/team in preparing Form No. D04m-TS for submission to the Director to issue the decision on the surprise inspection of payment of SI, HI and UI contributions, or cooperating with labor or tax authorities in setting up an interdisciplinary inspectorate.

- On a monthly basis, cooperating with the Communications and Participant Expansion division/team and the Inspection division/team in supervising and soliciting units to register payment of SI, HI and UI contributions for their employees’ benefit. Communicating enterprises that have not yet paid SI, HI, UI or OADI contributions for their employees’ benefit through mass media (e.g. newspapers, radio, television).

- On a quarterly basis:

+ On a monthly basis, the Communications and Participant Expansion division/team and the Inspection division/team shall consult with the Director on submission of reports to all-level People's Committees on compliance with laws on SI, HI, UI and OADI and collection of insurance contributions and issuance of HI cards to employees of units within their remit.

+ Recommending and proposing penalties for violations of regulations of law on payment of SI, HI, UI and OADI contributions, such as failure to register the insurance participation or registration for payment of SI, HI, UI and OADI contributions for the inadequate number of employees or payment thereof in excess of the prescribed deadline.

- On a yearly basis: Submitting evaluation reports on expansion of participants of units jointly participating in the SI, HI, UI and OADI schemes (Form No. D04k-TS).

b) Inspection divisions/teams:

- Based on dossiers and data received from other divisions/teams, reviewing and comparing them with local plans for inspection of competent authorities:

In case of employing units under inspection according to the plan, making a written request (enclosing a list of employing units under inspection) for cooperation in inspection of compliance with regulations of law on SI, HI, UI and OADI.

+ In case of any employing unit not under inspection and any employing unit that refuses to comply with the issued written request, completing Form No. D04m-TS to carry out the specialized inspection in accordance with regulations.

- Cooperating with collection management divisions/teams and communications and participant expansion divisions/teams in:

+ Carrying out the surprise inspection of payment of SI, HI, UI and OADI contributions.

+ Compiling dossiers and consulting with the Director to transfer dossiers to police authorities to request their investigation of any violation that may arise from the act of evading payment of SI, HI, UI and OADI contributions for the employees’ benefit under law.

c) Communications and participant expansion divisions/teams: Cooperating with collection management divisions/teams, Inspection divisions/teams in reviewing, investigating and pushing for collection of SI, HI, UI and OADI contributions.”

62. Amending Article 35 as follows:

“Article 35. Expansion of voluntary SI participants and HI participants whose insurance contributions are partially paid by the state budget and family-based HI participants

1. Communications and participant expansion divisions/teams

1.1. According to the economic and social development situation, population and the number of people having participated in the SI and HI scheme, data on households participating in health insurance and data managed by the local tax authority:

a) Set and assign targets for developing and expanding participants in voluntary social insurance or health insurance to Social Security agencies of districts/collecting agents.

b) Instruct, inspect and hasten collecting agents and their staff to come to residential areas to propagandize and mobilize the participation in voluntary social insurance and health insurance.

1.2. Regularly provide collecting agents’ staff with training and coaching sessions on skills at exploiting and promoting the collection of insurance contributions, communication skills, regulations and policies on social insurance and health insurance.

1.3. Promptly provide the approved list of poor households and near-poor households for collecting agents as a basis for determination of voluntary SI participants in poor households or near-poor households whose insurance contributions are paid by the state budget.

2. Collection management divisions/teams: Monthly cooperating with the communications and participant expansion division/team in reviewing and verifying the number of participants and people that having not yet participated in health insurance in order to request collecting agents to collect insurance contributions from them.”

63. Amending and supplementing Article 36 as follows:

“Article 36. Management of insurance arrears; acceleration of recovery of SI, HI, UI and OADI arrears

1. Classification of arrears

1.1. Less than one month in arrears refer to monthly amounts that employing units, labor, war invalid and social affair authorities, financial institutions and participants are liable for but have not yet paid.

1.2. One month - less than three months in arrears.

1.3. At least three months in arrears and excluding the cases specified in point 1.4 of this clause.

1.4. Other cases in which:

a) an employing unit goes bankrupt;

b) an employing unit is dissolved;

c) an employing unit closes its business;

d) an employing unit temporarily suspends its payment of contributions to the pension and survivor benefit fund.

dd) an employing unit’s owner takes flight.

2. Dossiers on determination of arrears

2.1. As for employing units owing arrears as prescribed in point 1.1, 1.2 and 1.3 of clause 1 of this Article:

a) Notification of results of payment of SI, HI, UI and OADI contributions (Form No. C12-TS).

b) Working minutes on payment of SI, HI, UI and OADI contributions for employees’ benefit (Form No. D04h-TS), if any.

2.2. As for employing units owing arrears in other cases prescribed in point 1.4 of clause 1 of this Article:

a) Employing units specified in subpoint a: Decision on declaration of bankruptcy issued by the People's Court.

b) Employing units specified in subpoint b: Notification of dissolution of the employing unit published on the National Business Registration Portal;

c) Employing units specified in subpoint c: One of the following documents:

The People's Court's decision to open bankruptcy proceedings; Decision on enterprise dissolution or Notification of the status of enterprises undergoing dissolution procedures on the National Business Registration Portal; Interdisciplinary working minutes certified by local authorities.

d) Employing units specified in subpoint d: Written permission for temporary suspension of payment granted by competent authorities.

dd) Employing units specified in subpoint dd: The written document of determination issued by the provincial People's Committee or the written document issued by the unit authorized by the provincial People's Committee.

3. Tasks of collection and recovery of arrears at Social Security agencies of districts and provinces

3.1. Collection management divisions/teams

a) On a monthly basis, the collecting officer shall push employing units towards paying insurance contributions in accordance with legislative regulations.

b) If an employing unit are more than 02 months in arrears on insurance contributions paid on a monthly basis; 04 months in arrears on insurance contributions paid on a three-monthly basis; 07 months in arrears paid on a six-monthly basis:

- The collecting officer needs to come to the employing unit to accelerate and make the working minutes on payment of SI, HI, UI and OADI contributions for employees’ benefit (Form No. D04h-TS);

- Issuing the reminder letter to push payment of arrears every 15 days.

- If the employing unit does not pay insurance contributions in the insurance funds after the second reminder and does not pay SI, HI, UI and OADI contributions after all possible encouragement actions that have already been taken, they should cooperate with inspection divisions/teams in compiling the list of employing units to be inspected by the surprise inspection team (Form No. D04m-TS) as a basis to carry out the permissible specialized inspection, or collaborate with inspection divisions/teams.

c) Receiving inspection conclusions for the purposes of monitoring and pushing employing units towards implementation thereof.

d) On a monthly basis: Announcing the list of employing units deliberately not paying SI, HI, UI and OADI contributions through mass media. dd) On a quarterly basis, preparing the assessment report on recovery of arrears (Form No. B03a-TS), signing in the collection management software; automatically sending electronic data on details of employing units in arrears with SI, HI, UI and OADI contributions (Form No. B03-TS) of the last month of the quarter as an attachment to Viet Nam Social Security.

3.2. Inspection divisions/teams:

a) Receiving dossiers from collection management divisions/teams, cooperating in the surprise inspection of payment of SI, HI, UI and OADI contributions; imposing administrative penalties in accordance with regulations.

b) Forwarding a copy of the inspection conclusion to the collection management division/team for its monitoring and pushing employing units towards implementation thereof.

c) In case where any employing unit commits an act of evading payment of SI, HI, UI and OADI contributions for its employees, they shall cooperate in transferring case files to competent authorities to request their investigation and sanction in accordance with regulations of criminal legislation.

4. Procedures for management of employing units that go bankrupt, are dissolved, close their business or granted temporary suspension from payment of contributions to the pension and survivor benefit fund.

4.1. Inputting updated status of the employing unit into the collection management software

- Collecting officer: Based on dossiers required under point 2.2 of clause 2 of this Article, providing update on the employing unit’s appropriate status, enclosing the scanned copy of dossiers on determination of status of the employing unit, in the collection management software (in particular, the employing unit specified in subpoint d of clause 1 of this Article shall be subject to the Decision to allow the temporary suspension from payment of insurance contributions issued by the competent authority), recording total decrease in the number of participants of the employing unit, temporarily suspending calculation of interest, recording past insurance contributions at the employing unit till the payment date, and preparing a report (using Form No. B12-TS, B12a-TS) for the purpose of seeking approval.

- Director of social security agency verifies and approves it in the collection management software, and stores it in the participant's database.

4.2. Providing update on changes

a) Changes that need update

- Employing units apply for payment of survivorship, pension and lump-sum SI benefits for their employees;

- Employing units pay SI, HI and UI contributions for employees eligible to receive pensions or moved (reserving the participation period);

- Other cases in which employees continue to participate in SI at other employing units, localities or receive SI benefits in other districts or provinces.

b) Implementation procedures

- Collecting officer:

+ Updating data, scanning approved application dossiers, submitting them to Directors of social security agencies to seek their approval before sending approved ones to Viet Nam Social Security for approval

+ Receiving approved dossiers and paying insurance benefits in accordance with regulations.

- Collecting department:

+ Acquiring data from social security agencies of provinces, considering and allowing updated data to be input into the collection management software. In case where submitted dossiers are inadequate or data contain errors, it must make/give its requests/opinions and return these dossiers to social security agencies of provinces.

64. Amending and supplementing point 2.3 of clause 2 of Article 38 as follows:

“2.3. Submitted dossiers which are adequate and correct as per regulations laid down in Appendix 02.

a) If any employing unit is in arrears that need to be recovered for the accumulated period of less than 03 months, the collecting officer shall be responsible for checking submitted dossiers according to Appendix 02 before collection.

b) If any employing unit is in arrears that need to be recovered for the accumulated period between 03 months and 06 months, within 07 days of receipt of all legally required dossiers, the collecting officer shall be responsible for preparing the working minutes (Form No. D04h-TS) for submission to the Director of social security agency to seek his/her approval.

c) If any employing unit is in arrears that need to be recovered for the accumulated period of at least 06 months, within 07 days of receipt of all legally required dossiers, the collecting officer shall be responsible for preparing the working minutes (Form No. D04h-TS) for submission to the Director of social security agency to request him/her to conduct a surprise inspection and take any action under regulations.

65. Supplementing clause 4 of Article 38 as follows:

“4. When updating collection data as per clause 1 of Article 33b, the collecting officer shall check and compare them with data on lump-sum SI benefits or UI benefits nationwide. If the arrears recovery period matches the period of entitlement to UI benefits or the one-year period of termination of employment for which the one-off payment of SI benefits is received, Form No. C19-TS must be signed and sent to the SI benefit management division/team.”

66. Amending and supplementing point 1.1 of clause 1 of Article 43 as follows:

“1.1. Wire transfer: Transferring insurance contributions to collection accounts of social security agencies opened by banks or state treasuries or via smart facilities."

67. Amending and supplementing subpoint e of point 3.1 of clause 3 of Article 43 as follows:

“e) If any participant has at least 2 social insurance booklets with the same payment period of social insurance and unemployment insurance, the social security agency shall refund contributions which has been paid to the retirement pension and survivor benefit fund and unemployment insurance benefit fund by himself/herself and unit (including social insurance contributions that are paid on his/her employing unit’s part), excluding interest. The in-charge social security agency of the place where an employee is working or living shall discharge its refund obligations as prescribed in clause 2 of Article 46.”

68. Amending and supplementing point 3.3 of clause 3 of Article 43 as follows:

3.3. Refund procedures

a) Refund request documentation

- Regarding the cases prescribed in subpoint a of point 2.1 of this clause, the unit shall make a dossier in accordance with Article 23.

- Regarding the case prescribed in subpoint b and e of point 2.1 of this clause, the unit shall complete Form No. TK1-TS, enclosing:

+ SI booklets held by voluntary SI participants, and all of SI booklets held by participants whose SI and UI participation period matches.

+ A certified true copy or a copy attached to the primary copy of the death certificate in case of the participant’s death.

- In case of refunding HI contributions to multiple persons classified into the same group of participants, PCs of communes, collecting agents/schools shall compile a list of participants requesting refund by using the Form No. D03-TS for submission to the social security agency.

- In other cases, the unit, bank or state treasury shall make the written request.

b) Collection management divisions/teams:

- The collecting officer compares SI booklets and HI cards with the national collection database. If compared data are correct, they shall be gathered in the reserved data store to have SI benefits paid. When completely handling data for payment of insurance benefits, dossiers shall be automatically stored for refunding purposes.

- Cooperating with the budget – finance division/team to determine causes, overpayment amounts or amounts wrongfully transferred and recorded into the collection account.

- The Director of social security agency shall issue the refund decision (Form No. C16-TS), send 01 copy thereof to the budget – finance division/team, proceed the transfer of money and deposit 01 copy thereof in the collection management division/team. If the bank or state treasury records contributions incorrectly, a copy of the Decision must be sent to that bank or state treasury for controlling purposes.

c) The Director of social security agency checks, approves and stores dossiers in the reserved data store of the collection management software for reporting to the superior social security agency in accordance with regulations.

69. Revising the title of Section 3 of Chapter VI as follows:

“ISSUANCE AND MANAGEMENT OF SI BOOKLET AND HI CARD SPECIMENS”

70. Amending and supplementing Article 44 and Article 45 as follows:

“Article 44. Management of SI booklet and HI card specimens

1. SI booklet and HI card specimens shall be printed and dispensed to social security agencies of provinces, the Ministry of National Defense and the People’s Public Security by Viet Nam Social Security.

2. Printing, stocking, delivery, inventory, destruction of and accounting for SI booklet and HI card specimens shall be subject to applicable regulations.

3. Responsibilities for management of SI booklet and HI card specimens

3.1. Booklet – Card Department

- Gather demands for SI booklet and HI card specimens nationwide and submit the procurement plan to the General Director.

- Cooperate in accelerating and inspecting quality and progress of printing of specimens in accordance with regulations.

- Monitor and regulate the dispensing and use of SI booklet and HI card specimens.

3.2. Units assigned to take charge of printing SI booklet and HI card specimens

- Implement plans for printing specimens approved by the General Director in accordance with regulations.

- Take charge of and cooperate with the booklet – card department in pushing for and inspecting the progress of printing and quality of SI booklet and HI card specimens under contracts.

- Monitor and urge printing service providers to transfer the predetermined quantity of specimens to social security agencies of provinces within the prescribed period.

- Transfer a copy of B/L proving the delivery of specimens to the booklet – card department for the purpose of monitoring of the printing progress.

3.3. Social security agencies of provinces/districts

a) Budget – finance offices/divisions/teams

- Receive specimens and submit a report on specimens of which quantity, serial numbers or quality is not correct to the Vietnam Social Security (via the booklet – card department).

- According to a plan for dispensing specimens approved by the leader, they shall be delivered in accordance with regulations.

- Take charge of receipt and management of received specimens; keep damaged SI booklets and HI cards transferred by the SI booklet and HI card issuance division in accordance with regulations.

b) SI booklet and HI card issuance divisions/teams

- Consolidate the quantity of specimens, monitor and regulate the use of specimens.

- Dispense specimens to each officer in charge of printing SI booklets and HI cards for use. If specimens are dispensed to officers for use, this division shall issue a receipt of specimens (Form No. C08-TS).

- Officers who directly print SI booklets and HI cards shall maintain dispensed specimens (including damaged specimens). If a specimen is printed wrongly, it shall be cut at its corner.

- Before February 1 every year, the issuing division or the social security agency of the district shall make a list of damaged SI booklets and HI cards in the previous year (due to the printing or storage process) to transfer it to the social security agency of the province.

Article 45. Inventorying and destruction of SI booklet and HI card specimens

1. Inventorying SI booklet and HI card specimens

a) Regularly, at the end of a quarter and year, the social security agency of each province or each district shall make an inventory of specimens to confirm the quantity and serial number of specimens actually in stock and the discrepancy between data on the quantity of specimens compared with those specified in accounting records.

b) An inventorying group of a province or a district shall be composed of the leader of the social security agency of the province or district; the issuing division and the budget and finance division; the booklet and card office. The inventorying of specimens shall be documented in a report by using the Form No. C63-HD issued together with the Circular No.178/2012/TT-BTC. The report shall specify reasons for overstocking or understocking of specimens and responsibilities of collectives and individuals and propose how to deal with this issue.

2. Destruction of damaged SI booklets and HI cards

a) A council for destruction of SI booklets and HI cards shall be established and chaired by the leader of the social security agency of the province, and be composed of members who are leaders of the budget and finance division, issuing division, inspecting division and office.

b) Before March 15 every year, damaged SI booklets and HI cards that are kept at the office's warehouse for more than 1 year shall be destroyed and a record on destruction of SI booklets and HI cards using the Form No. C10-TS shall be made.”

c) The booklet – card department shall supervise and inspect the destruction of SI booklets, HI cards by social security agencies of provinces.

71. Revising the title of Section 4 of Chapter VI as follows:

“REPRESENTATION AND MANAGEMENT OF DATA OF SI BOOKLETS AND HI CARDS”

72. Amending and supplementing Article 46 as follows:

“Article 46. Contents of SI booklets and combined SI booklets

Contents of an SI booklet and the combined SI booklet held by a person possessing at least 2 SI booklets shall be managed under Article 33b.

1. Representation and confirmation of the SI, HI, UI and OADI contribution period in an SI booklet

1.1. Contents of an SI booklet must be adequate in each corresponding stage in proportion to the contribution amount and working conditions of the SI, HI, UI and OADI participant (even when he/she does not work and receive wages for at least 14 working days in a month due to his/her leave for enjoyment of sickness, maternity or paternity insurance benefits; his/her non-paid leave; temporary suspension of his/her labor contract).

1.2. As regards a unit in arrears on insurance contributions, if an employee is eligible to receive SI benefits or terminates the labor or employment contract, the unit shall pay insurance contributions in full, including late payment interest, in accordance with regulations, and the social security agency shall confirm his/her SI booklet to promptly pay SI and UI benefits to him/her.

If the unit has not yet paid in full, confirmation of the SI booklet till the date of payment of insurance contributions shall be given. After successfully recovering insurance contributions in arrears, the additional confirmation shall be given on the SI booklet.

1.3. When making a decreasing adjustment in the contribution period or the insurance contribution amount specified in the SI booklet, the social security agency shall document the adjusted contents, confirmation of accumulated contribution period or total insurance contribution length of time.

2. Combination of SI booklets and refund

In case where a person possessing at least 2 SI booklets requests his/her booklets to be combined, the officer of the issuing division/team shall compare contents of SI booklets and the database; make a list of persons requesting combination of SI booklets (Form No. C18-TS) and transfer it to the officer of the collection management division/team to perform the following activities:

+ If the SI contribution periods shown in SI booklets do not match, the past contributions shown in SI booklets shall be combined in the database and numbers of old SI booklet numbers shall be invalidated.

+ If the SI contribution periods shown in SI booklets match, the officer shall issue the refund decision (Form No. C16-TS) to the employee as per point 2.3 of clause 2 of Article 43.

3. If an employee possessing the SI booklet with the reserved contribution period issued by the social security agency of the Ministry of National Defense or the Ministry of Public Security registers to continue participating in insurance or receive insurance benefits, the collection management division/team shall update data and compare contents of the SI booklet with data on the period of contribution to insurance provided by the social security agency of the Ministry of National Defense or the Ministry of Public Security.

4. The period of past contribution shown in the booklet possessed by the employee transferred to other employing unit shall be transferred to that receiving unit for its recording of the period of succeeding contribution.

5. Authority to sign on the SI booklet

5.1. Directors of social security agencies of provinces and districts may scan signatures in software before printing the signed booklets out.

5.2. Directors of social security agencies of provinces and districts shall take control of their seals under current regulations of Viet Nam Social Security.”

73. Amending and supplementing Article 47 as follows:

 “Article 47. Validity of HI cards

1. Data on HI cards shall be centrally managed and interlinked with collection data. Medical facilities receiving health insurance cards from patients shall search for information on health insurance cards on the portal of information on assessment of health insurance cards to determine validity of each HI card.

2. Validity of a health insurance card shall be proportionate to the paid health insurance contribution (except the HI card of a child under 6 years of age). The effective date of an HI card shall be regulated as follows:

2.1. Health insurance cards issued to the participants prescribed in clauses 1, 2 and 3; point 4.1, 4.1a and 4.2 of clause 4 of Article 17 shall be valid from the day on which health insurance contribution is paid, except for the following participants whose HI cards are validated as follows:

a) A health insurance card issued to an employee entitled to the unemployment benefit shall be valid from the first month in which he/she receives the unemployment benefit as stipulated in the decision issued by a competent authority.

b) With regard to participants specified in point 3.5 of clause 3 of Article 17:

- The HI card of a child born before September 30 shall be valid till the end of September 30 of the year in which the child reaches 72 months of age;

- The HI card of a child born after September 30 shall be valid till the end of the last day of the month in which the child reaches 72 months of age.

c) The HI card of the person entitled to monthly social welfare payments shall be valid from the date of receipt of social welfare payments prescribed in the decision of the PC of a district.

d) Health insurance cards of people in poor households and ethnic people living underprivileged or extremely underprivileged socio-economic areas, island communes or districts; people in near-poor households, of whom health insurance contributions are fully paid by the state budget, shall be valid from the date specified in the decisions on approval of the lists issued by competent state authorities.

dd) Health insurance cards of persons conferred the title of people's artisans or elite artisans living in households with a monthly per-capita income lower than the statutory base salary shall be valid from the date specified in the decision on approval of the list issued by the competent state authority.

e) Health insurance cards of organ donors shall be valid for use immediately after organ donation.

g) As regards students:

- General education students:

- Health insurance cards shall be annually issued to students at general education institutions as follows:

+ Health insurance cards of 1 ^st - grade students shall be valid from October 1 of the first year at the elementary education level;

+ Health insurance cards of 12 ^th - grade students shall be valid till the end of September 30 of the year in which they study at that grade.

- Students of higher education institutions and vocational education institutions:

+ Health insurance cards of students in the first year of the course shall be valid from the day on which they start their courses, except in case where health insurance cards of 12 ^th-grade students are still in use.

+ Health insurance cards of students in the ending year of their courses shall be valid till the end of the ending month of the course.

2.2. Health insurance cards of people referred to in point 4.3 of clause 4, 5 and 8 of Article 17 who continuously participate in the HI scheme shall be valid from the date of payment of HI contributions. Health insurance cards of persons participating in HI for the first time or participating in at least 3 consecutive months in the financial year shall put to use 30 days after the day on which participants pay HI contributions.

2.3. If the participants prescribed in clause 1 of Article 17 are in arrears on payment of health insurance contributions for at least 30 days, employing units shall bear responsibility under the provisions of Article 49 of the amended and supplemented Law on Health Insurance.

3. HI participants may change their registered primary healthcare establishments in the first month of each quarter.

4. Employees entitled to sick, maternity and paternity leave shall continue to use existing HI cards and shall not be allowed to have their HI cards replaced. If employees take unpaid leave during which their units complete dossiers of maternity or paternity leave, the validity period between the month of maternity or paternity leave to the expiry date of the issued health insurance card shall be recorded.

Example 18: Mrs. Nguyen Thi A works for and pays insurance contributions to the company M from July 2016. In February 2017, Mrs. A applies for unpaid leave from March 2017 and is permitted by the company M. The company M notifies a decrease in Mrs. A’s insurance contribution to the social security agency from March 2017. The social insurance agency reduces the validity of Mrs. A’s health insurance card from March 1, 2017. In May 2017, the company M makes a declaration of Mrs. A’s paid maternity leave from May 1, 2017. Mrs. A's health insurance card shall be specified to be valid from May 1, 2017 to the expiry date specified in the issued card by the social security agency.

5. Health insurance cards already issued to employees taking long-time sick leave or leaving to receive retirement pensions shall continue to be in use till the end of the month in which their units notify the decrease. New HI cards shall be valid from the first day of the month succeeding the month of notification of the decrease.

6. If employees still pay monthly HI contributions when being detained, held in custody or temporarily suspended from work due to investigation and judgement whether they have committed violations against laws, their HI cards already issued shall continue to be valid. If competent authorities find that they are guilty, their HI cards shall be used till the end of the month in which their units notify decreases.

7. Social security agencies of provinces shall extend the validity period of HI cards in the administrative database, and shall not print out any new HI cards (except if these HI cards are lost, damaged or get tampered with).”

74. Amending and supplementing Article 48 as follows:

“Article 48. Evidencing documents, records, books and forms

Evidencing documents, records, books and forms shall be open on the interlinked software system for collation and reporting purposes according to the enclosed Appendix.”

75. Amending and supplementing point 1.6 of clause 1 of Article 51 as follows:

“1.6. Director of the social security agency of the district shall assign public officials, civil servants and public employees and workers appropriate for their specializations in the professional division to duly perform the professional division’s tasks stipulated in this written document in order to carry out the procedures for collection of insurance contributions, issuance of SI booklets and HI cards. Public officials, civil servants, public employees and workers shall be legally responsible to Directors of social security agencies of provinces and districts for assigned tasks even when they leave to receive insurance benefits or are reassigned to other position."

76. Supplementing point 2.6 of Clause 2 of Article 51 as follows:

“2.6. Closely manage the receipt and use of SI booklet and HI card specimens in accordance with regulations of this Document.”

77. Amending and supplementing point 2.10 of clause 2 of Article 51 as follows:

“2.10. Director of the social security agency of the province shall bear responsibility for participants’ claims for entitlement to insurance benefits and late payment interest of the employing unit (if any) there is any issue arising from handling of dossiers between their professional divisions; issuing SI numbers, updating collection data and documents evidencing payment of SI, HI, UI and OADI contributions, or issuing SI booklets and HI cards by each unit or participant is delayed. Public officials, civil servants, public employees and workers shall be legally responsible to Directors of social security agencies of provinces for assigned tasks even when they leave to receive insurance benefits or are reassigned to other position."

78. Amending and supplementing point 3.1 of clause 1 of Article 51 as follows:

“3.1. Collection Department, Finance – Accounting Department and Booklet - Card Department”

79. Adding subpoint dd to point 3.1 of clause 3 of Article 51 as follows:

“d) Cooperate with the information technology center to update and inspect the collection management software to ensure it meets administrative demands and conforms to the collection procedures prescribed herein, use and train social security officers at all levels to use functions of the collection management software.”

80. Amending and supplementing point 3.4 of clause 3 of Article 51 as follows:

“3.4. Authorities, administrations and departments of planning and investment, implementation of SI policies, HI policies, legal affairs, offices and information technology centers shall cooperate with the collection department and booklet - card department:”

81. Amending and supplementing point 1.6 of clause 1 of Appendix 01 as follows:

“- Decision on demobilization or resignation (In case a soldier loses his/her demobilization decision, a written certification granted by the head of the Regiment and equivalent or higher level that directly supervises that soldier before his/her demobilization or the local authority that directly supervises that solider after demobilization must be provided).”

82. Amending and supplementing subpoint 1.1 of point 1 of section I of Appendix 03 as follows:

“1.1. Persons rendering meritorious revolutionary services under the provisions of the Ordinance on preferential treatment for persons rendering meritorious revolutionary services, including: Persons rendering revolutionary services before January 1, 1945; persons carrying out revolutionary activities from January 1, 1945 to the Uprising in August 1945; Vietnamese heroic mother; wounded soldiers, persons entitled to policies the same as applied to wounded soldiers, class-B wounded soldiers, sick soldiers whose labor capacity is reduced by at least 81%; members of resistance forces infected with toxic chemicals to the extent of their labor capacity’s being reduced by at least 81%. Documents used as a basis for adjusting the amounts of HI insurance coverage shown in HI cards must include the followings:

a) ID card of the wounded or sick soldier;

b) Certificate of eligibility for entitlement to wounded soldier’s policies;

c) Decision on recognition of persons rendering revolutionary services before January 1, 1945, persons rendering revolutionary services from January 1, 1945 to August 1945, of the Standing Committee of the provincial Party Committee, the municipal Party Committee of the Central Committee;

d) Decision on entitlement to benefits issued by the Department of Labour, War Invalids and Social Affairs.

dd) Certificate of the Department of Labour, War Invalids and Social Affairs where they are receiving monthly benefits or already receive lump-sum benefit payment (according to the instructions about bases for determination of persons rendering meritorious services to the revolution in the Official Dispatch No. 467/NCC dated June 17, 2010 of the Ministry of Labor, War Invalids and Social Affairs).

“e) Decision on entitlement to benefits or allowances paid to persons involved in resistance wars who are infected with toxic chemicals, clarifying the rate of labor capacity reduction which is at least 81% as per the Circular No. 05/2013/TT-BLDTBXH dated May 15, 2013 of the Ministry of Labor, War Invalids and Social Affairs.”

83. Amending and supplementing the title of clause 2 of Section I of Appendix 03 as follows:

“2. War veterans referred to in the Decree No. 150/2006/ND-CP and the Decree No. 157/2016/ND-CP”

84. Amending and supplementing subpoint a of point 2.2 of clause 2 of Section I of Appendix 03 as follows:

“a) Decision on demobilization or reassignment to another activity, clearly stating the time and place of his/her directly fighting and rendering his/her combat service as prescribed in the Decision No. 62/2011/QD-TTg dated November 9, 2011 of the Prime Minister. In case the Decision on demobilization or reassignment to other activity does not specify the time and location of his/her directly fighting or rendering combat services, the certification of the military service area granted by the regiment or equivalent or other higher-level military unit that directly supervises him/her before demobilization by completing the Form No. 04B-HBKV - Personal declaration pertaining to time and location of military service during/in which he/she already receives region-specific allowance (issued together with Circular No. 181/2016/TT-BQP for people who served in the army before January 1, 2007) shall be additionally required.”

85. Amending and supplementing the title of point 2.3 of clause 2 of Section I of Appendix 03 as follows:

“2.3. Veterans who are professional soldiers and officers retired after being on active duty.

The social security agency shall consult the records and data of active-duty professional officers and soldiers who are retired by the military organ to issue HI cards according to the interests of veterans.”

86. Amending and supplementing the title of point 2.4 of clause 1 of Section I of Appendix 03 as follows:

“2.4. Military officers and professional servicemen already fulfilling their active military services during the period of Homeland construction and defense, who have been demobilized, retired or reassigned to other activities.”

Documents used as a basis for adjusting the insurance coverage stated in HI cards must include the followings: Decision on demobilization or reassignment.”

87. Amending and supplementing clause 4 of Section I of Appendix 03 as follows:

“4. Ethnic minority people living in areas facing difficult socio-economic conditions; people living in areas with extremely difficult socio-economic conditions; persons living in island communes or districts. The social security agency shall make changes in the HI coverage stated in HI cards, based on beneficiaries' family record books.”

88. Amending and supplementing clause 7 of Section I of Appendix 03 as follows:

“7. People from poor households and near-poor households:

Documents used as a basis for adjusting the insurance coverage stated in HI cards must include the followings:

a) Certificate of recognition of students from poor households according to the Joint Circular No. 18/2009/TTLT-BGDDT-BTC-BLDTBXH.

b) Certification granted the President of the People's Committee of the commune, ward or township to people from poor households and near-poor households according to the results of regular reviews (specified in Article 5 of Circular No. 17/2016/TT-BLDTBXH).”

89. Amending and supplementing clause 1 of Section II of Appendix 03 as follows:

“1. Participants or units requesting changes to information shown in health insurance cards

1.1. If changes to personal information are made due to participants’ wrong declaration in comparison to information declared in original documents

Documents used as a basis for adjusting information printed in HI cards must include the followings: Old or new ID card, passport or other photo travel documents issued by a competent agency or organization such as: Certificate granted by the commune-level police or certificate granted by the educational institution where the student is managed,...

1.2. If changes to personal information are made due to units’ wrong declaration in comparison to information declared in participants’ dossiers:

Social security agencies shall review, notify and cooperate with units in making any adjustment in information given in HI cards.

1.3. Adding codes of local jurisdictions where participants are residing if ethnics and members of poor households participating in the HI scheme are living in areas with difficult socio-economic conditions; people living in areas with extremely difficult socio-economic conditions; HI participants living in island communes or districts.

Documents used as a basis for adjusting information printed in HI cards must include the followings:

a) Employees: The social security agency shall be responsible for cooperating with relevant units in reviewing and determining places where participants are working to issue codes of residence appropriate to these places.

b) Other participants: Family record book.”

90. Amending and supplementing clause 2 of Section II of Appendix 03 as follows:

“Old or new ID card, passport or other photo travel documents issued by a competent agency or organization such as: Certificate granted by the commune-level police or certificate granted by the educational institution where the student is managed,…”

91. Amending and supplementing forms and charts issued as appendices to the Decision No. 595/QD-BHXH , the Decision No. 888/QD-BHXH dated July 16, 2018 of the General Director of Viet Nam Social Security, amending and supplementing several Articles on the Procedures for collection of SI, HI and OADI contributions; management of SI booklets and HI cards which are attached to the Decision No. 595/QD-BHXH (attached forms and charts).

92. Abolishing: Point 2.3 of clause 2 of Article 2; clause 4 of Article 3; point 2.4 of clause 2 of Article 17; Article 26; subpoint a of point 1.3 of clause 1, subpoint a of point 2.3 of clause 2, subpoint a of point 3.3 of clause 3 of Article 31; clause 2 of Article 43; subpoint b, c, d, e, g, h, i, k, l and m of point 2.1 of Section I; subpoint b, c, d and e of point 2.2 of Section I of Appendix 03 issued together with Decision No. 595/QD-BHXH , Appendix 03 issued together with Decision No. 888/QD-BHXH dated July 16, 2018 of the General Director of Vietnam Social Security, amending and supplementing a number of articles regarding the procedures for collection of SI, HI and OADI contributions; management of SI booklets and HI cards issued together with Decision No. 595/QD-BHXH ; Decision No. 618/QD-BHXH dated May 30, 2019 of Viet Nam Social Security, issuing sample Notice of results of payment of SI, HI, UI and OADI contributions (Form No. C12-TS); Official Dispatch No. 2326/BHXH-BT dated June 27, 2019 of Viet Nam Social Security, providing details about payment of SI, HI, UI and OADI contributions.

Article 2. This Decision shall enter in force as of May 1, 2020. If written documents setting out regulations that were previously promulgated by Viet Nam Social Security conflict with this Decision, they shall be invalidated.  

Article 3. The Head of the Collection Department, the Head of Social Security Booklet – Health Insurance Card Department, Heads of affiliates of Viet Nam Social Security and Directors of the Social Security agencies of centrally-affiliated cities and provinces shall be responsible for implementing this Decision./.