Decree No. 89/2020/ND-CP on the functions, tasks, powers and organizational structure of Vietnam Social Security

DECREE

Defining the functions, tasks, powers and organizational structure of Vietnam Social Security^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 20, 2014 Law on Social Insurance;

Pursuant to the November 14, 2008 Law on Health Insurance, and the June 13, 2014 Law Amending and Supplementing a Number of Articles of the Law on Health Insurance;

Pursuant to the November 16, 2013 Law on Employment;

Pursuant to the June 25, 2015 Law on Occupational Safety and Health;

Pursuant to the Government’s Decree No. 10/2016/ND-CP of February 1, 2016, on government-attached agencies, and Decree No. 47/2019/ND-CP of June 5, 2019, amending and supplementing a number of articles of Decree No. 10/2016/ND-CP;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of Vietnam Social Security.

Chapter I

VIETNAM SOCIAL SECURITY

Article 1. Position and functions

1. Vietnam Social Security is a government-attached agency functioning to organize the implementation of social and health insurance regimes and policies; organize the collection of unemployment insurance premiums and payment of unemployment insurance benefits; manage and use social insurance, unemployment insurance and health insurance funds; and conduct specialized inspection of payment of social insurance, unemployment insurance and health insurance premiums in accordance with law.

2. The international transaction name in English of Vietnam Social Security is abbreviated as VSS.

3. Vietnam Social Security is under the Ministry of Labor, Invalids and Social Affairs’ state management regarding social insurance and unemployment insurance; the Ministry of Health’s state management regarding health insurance and the Ministry of Finance’s state management regarding financial regimes for social insurance, unemployment insurance and health insurance funds.

Article 2. Tasks and powers

1. To propose the Ministry of Labor, Invalids and Social Affairs to submit to the Government for definition its functions, tasks, powers and organizational structure.

2. To formulate and submit to the Government or Prime Minister its strategies, long-term, five-year and annual plans and other projects and schemes that fall under the decision-making competence of the Government or Prime Minister, and organize the implementation thereof after they are approved.

3. Regarding the implementation of social insurance, unemployment insurance and health insurance policies:

a/ To promulgate documents guiding procedures for, professional process of, settlement of social insurance and health insurance regimes and policies; collection of social insurance, unemployment insurance and health insurance premiums and payment of social insurance, unemployment insurance and health insurance benefits; and specialized inspection of payment of social insurance, unemployment insurance and health insurance premiums in accordance with law; and to promulgate case-by-case regulatory documents and documents on internal management of the social security sector;

b/ To consider and permit the calculation of working periods for employees who no longer have original documents showing their working periods in the state sector before January 1, 1995, under the guidance of the Ministry of Labor, Invalids and Social Affairs;

c/ To organize public communication and dissemination of regimes, policies and laws on social insurance, unemployment insurance and health insurance;

d/ To identify, exploit and manage subjects to be covered by social insurance, unemployment insurance and health insurance; to organize the exploitation, registration and management of subjects covered by social insurance, unemployment insurance and health insurance in accordance with law;

dd/ To set forms of social insurance and health insurance cards, forms of social insurance and unemployment insurance dossiers, and grant social insurance and health insurance cards to the insured in accordance with law;

e/ To collect or authorize service organizations to collect social insurance, unemployment insurance and health insurance premiums of agencies, units, organizations, employers and individuals in accordance with law. To receive funds from the state budget to spend on social insurance and health insurance regimes in accordance with law;

g/ To receive dossiers and settle regimes of sickness and maternity; occupational accident or disease; retirement; survivorship allowance; convalescence and health rehabilitation after sickness, maternity leave period, occupational accident  or disease treatment; medical examination or treatment in accordance with law;

h/ To pay or authorize service organizations to pay social insurance, unemployment insurance and health insurance benefits in accordance with law;

i/ To sign contracts with medical examination and treatment establishments that satisfy professional and technical conditions and standards; to inspect and supervise the performance of contracts on medical examination and treatment covered by health insurance; to organize the assessment of health insurance in accordance with the law on health insurance; to protect interests of health insurance participants and prevent abuse and profiteering of the health insurance regime;

k/ To inspect the payment of social insurance, unemployment insurance and health insurance premiums and payment of social insurance, unemployment insurance and health insurance benefits of agencies, units, employers and individuals; to reject unlawful collection of social insurance, unemployment insurance and health insurance premiums or unlawful claims for payment of social insurance, unemployment insurance or health insurance benefits;

l/ To archive dossiers of persons participating in and enjoying social insurance, unemployment insurance and health insurance benefits in accordance with law;

m/ To implement solutions to inhibit shirking or delaying the payment of social insurance, unemployment insurance or health insurance premiums;

n/ To fully and promptly provide information on payment of insurance premiums, the right to enjoy insurance regimes, and procedures for implementation of social insurance, unemployment insurance and health insurance at the request of employees, employers or trade union organizations; and to fully and promptly provide relevant documents and information at the request of competent state agencies.

4. Regarding the management and use of social insurance, unemployment insurance and health insurance funds:

a/ To manage and use social insurance funds, including: pension and survivorship allowance funds, insurance occupational accident and disease fund; sickness and maternity fund; unemployment insurance fund; and health insurance fund on the principle of centralism, uniformity, publicity and transparency, and for proper purposes in accordance with law; to account social insurance, unemployment insurance and health insurance funds in accordance with law;

b/ Annually, to formulate and organize the implementation of investment plans of social insurance, unemployment insurance and health insurance funds after they are approved by the Management Board of Social Security; to manage investment risks of social insurance, unemployment insurance and health insurance funds in accordance with law.

5. To perform other tasks regarding social insurance, unemployment insurance and health insurance in accordance with law:

a/ To direct, and provide professional guidance to, the social security offices of the Ministry of National Defense and Ministry of Public Security; to coordinate with these social security offices in managing the performance of social insurance and health insurance work by the Ministry of National Defense and Ministry of Public Security;

b/ To provide professional training in and guidance on social insurance, unemployment insurance and health insurance;

c/ To decide on, and organize the implementation of, the administrative reform plan of Vietnam Social Security according to the Government’s administrative reform objectives, requirements, programs and plans and the Prime Minister’s direction; to implement the inter-agency single-window mechanism in the settlement of social insurance, unemployment insurance and health insurance regimes;

d/ To conduct e-transactions in the fields of social insurance, unemployment insurance and health insurance in accordance with law;

dd/ To assist, answer and give advice on social insurance, unemployment insurance and health insurance policies and laws;

e/ To settle complaints and denunciations about social insurance, unemployment insurance and health insurance in accordance with law; to institute civil cases to request the court to protect public interests and the State’s interests in the fields of social insurance, unemployment insurance and health insurance. When detecting an act showing a sign of a crime in the fields of social insurance, unemployment insurance and health insurance as prescribed in the Penal Code, to send a written proposal on initiation of a criminal case, enclosed with relevant evidences and documents, to a body competent to conduct criminal proceedings for consideration and initiation of the criminal case in accordance with law.

6. To conduct specialized inspection of payment of social insurance, unemployment insurance and health insurance premiums; to sanction administrative violations in the fields of social insurance, unemployment insurance and health insurance in accordance with law.

7. To carry out international cooperation on social insurance, unemployment insurance and health insurance in accordance with law; to organize the implementation of bilateral and multilateral agreements on social insurance within the ambit of functions and tasks of the social insurance sector under regulations.

8. Regarding organizational apparatus, finance and assets:

a/ To manage its organizational apparatus, civil servant payroll, working positions and structure of public employees based on their professional titles, number of public non-business employees; to decide on rotation, retirement, transfer, appointment, relief from duty, commendation, disciplining, and training and further training policies for cadres, civil servants and public employees; and recruitment, employment and salary regimes for cadres, civil servants and public employees under its management in accordance with law;

b/ To manage finance and assets of the Vietnam Social Security system and carry out statistical and accounting work on social insurance, unemployment insurance and health insurance in accordance with law;

c/ To carry out internal audit of units in the Vietnam Social Security system in accordance with law and internal audit regulations of such units;

d/ To carry out emulation and commendation work for units in the Vietnam Social Security system.

9. To organize scientific research and application; to apply information technology to statistics and management of social insurance, unemployment insurance and health insurance.

10. To report to the Management Board of Social Security every 6 months on implementation of social insurance, unemployment insurance and health insurance; to report to the Government, Prime Minister, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance and Ministry of Health in accordance with law.

11. To perform other tasks and exercise other powers as assigned or vested by the Government or Prime Minister and in accordance with law.

Article 3. Organizational system

Vietnam Social Security is organized and managed into a hierarchical system from the central level to local levels, adhering to the principle of centralism and uniformity, including:

1. Vietnam Social Security, at the central level.

2. Social insurance offices of provinces or centrally run cities (collectively referred to as provincial-level social insurance offices) affiliated to Vietnam Social Security.

3. Social insurance offices of rural districts, urban districts, towns, provincial cities (collectively referred to as district-level social insurance offices) affiliated to provincial-level social insurance offices.

4. No district-level social insurance office is organized in an administrative unit being a provincial city or town where a provincial-level social insurance office is available.

Article 4. Leadership of Vietnam Social Security

1. Vietnam Social Security has its Director General and no more than 5 Deputy Directors General.

2. The Director General is the head of Vietnam Social Security, and shall be appointed, relieved from duty and removed from office by the Prime Minister at the request of the Management Board of Social Security. The Director General is answerable to the Government, Prime Minister, Management Board of Vietnam Social Security and the cabinet member assigned to be in charge of Vietnam Social Security for the implementation of social insurance, unemployment insurance and health insurance regimes; management and use of social insurance, unemployment insurance and health insurance funds in accordance with law and perform the tasks specified in Article 2 of this Decree.

3. Deputy Directors General shall be appointed, relieved from duty and removed from office by the Prime Minister at the request of the Management Board of Social Security and the Director General; assigned by the Director General to direct a number of working areas and is answerable to the Director General for their assigned tasks. While the Director General is absent, a Deputy Director General authorized by the Director General shall lead and administer the operation of Vietnam Social Security.

4. Working regime, responsibilities and powers of the Director General:

a/ The Director General shall work under the regime of headship, ensuring the principle of democratic centralism; promulgate working regulations, information and reporting regimes of Vietnam Social Security and direct and inspect the implementation of such regulations;

b/ The Director General shall assign or authorize a Deputy Director General to handle matters under his/her competence. The Director General shall be responsible for decisions of the Deputy Director General on matters assigned or authorized for handling;

c/ The Director General shall prepare and report on contents specified in Clause 5, Article 10 of this Decree to the Management Board of Social Security for consideration, approval and implementation of resolutions of the Management Board;

d/ The Director General shall be held responsible before law for any deficit of social insurance, unemployment insurance and health insurance funds due to his/her poor management and administration of the collection of social insurance, unemployment insurance and health insurance premiums and payment of social insurance, unemployment insurance and health insurance benefits and management and use of social insurance, unemployment insurance and health insurance funds which are in contravention of law;

dd/ The Director General shall specify title criteria and process of appointment and relief from duty of managerial positions in the organizational system of Vietnam Social Security in accordance with law;

e/ The Director General shall define functions, tasks, powers and organizational structure, assign payrolls, appoint, relieve from duty, or remove from office heads and deputy heads of organizations under Vietnam Social Security and heads and deputy heads of specialized divisions assisting him/her, and decide on number of deputy heads of divisions under provincial-level social insurance offices. Based on practical conditions of each locality, the Director General shall decide on the number of provincial- and district-level deputy directors which must not exceed that specified in Clause 2, Article 6 or Clause 4, Article 7 of this Decree.

Article 5. The organizational structure of Vietnam Social Security at the central level

1. The Finance-Accounting Department.

2. The International Cooperation Department.

3. The Inspection-Examination Department.

4. The Emulation-Commendation Department.

5. The Planning and Investment Department.

6. The Organization and Personnel Department.

7. The Legal Department.

8. The Department of Investment and Fund Management.

9. The Internal Audit Department.

10. The Social Insurance Policy Implementation Department.

11. The Health Insurance Policy Implementation Department.

12. Department for Management of Collection-Books and Cards.

13. The Office (with a representative office in Ho Chi Minh City).

14. The Social Security Science Institute.

15. The Communications Center.

16. The Information Technology Center.

17. The Archive Center.

18. The Center for Health Insurance Assessment and Tertiary Care Payment.

19. The Customer Care and Support Service Center.

20. The Training School for Social Security Operations.

21. The Social Security Magazine.

The units specified in Clauses 1 thru 13 of this Article are specialized units assisting the Director General; the organizations specified in Clauses 14 thru 21 are affiliated non-business units.

The Planning and Investment Department, Finance-Accounting Department, Social Insurance Policy Implementation Department, Organization and Personnel Department and Internal Audit Department may each have 4 divisions; the Health Insurance Policy Implementation Department and Inspection-Examination Department, 5; the Department for Management of Collection-Books and Cards, 6; and the Office, 9, including a representative office in Ho Chi Minh City.

The number of deputy heads of organizations attached to Vietnam Social Security, and number of deputy heads of divisions under specialized units assisting the Director General must comply with the Government’s Decree No. 47/2019/ND-CP of June 5, 2019, amending and supplementing a number of articles of the Government’s Decree No. 10/2016/ND-CP of February 1, 2016, on government-attached agencies.

Heads of affiliated non-business units may appoint, relieve from duty or remove from office heads and deputy heads of affiliated divisions according to title criteria issued by competent agencies and the process of appointment and relief from duty of personnel set out by the Director General of Vietnam Social Security, ensuring the number of deputy heads of affiliated divisions under Decree No. 47/2019/ND-CP

Article 6. Provincial-level social security offices

1. A provincial-level social security office has the legal entity status, a seal, an account, a head office, and affiliated specialized divisions.

2. The Director General shall define functions, tasks, organizational structure, payroll, and may appoint, relieve from duty and remove from office directors and deputy directors, and specify operating funds of provincial-level social security offices. The number of deputy directors of a provincial-level social security office is at most 3.

3. The director of a provincial-level social security office may appoint, relieve from duty and remove from office heads, and deputy heads of its affiliated divisions according to title criteria and process of appointment and relief from duty of personnel issued by the Director General of Vietnam Social Security.

4. Directors of provincial-level social insurance offices shall manage and employ cadres, civil servants, public employees, finance and assets under their management as decentralized by Vietnam Social Security.

Article 7. District-level social insurance offices

1. A district-level social insurance office has the legal entity status, a seal, an account and a head office.

2. The Director General shall define functions, tasks, organizational structure and payroll, and specify operating funds of district-level social insurance offices.

3. The director of a provincial-level social insurance office shall, based on practical conditions, set up professional teams of district-level social insurance offices on the principle of establishment of professional teams set by the Director General of Vietnam Social Security.

4. The director of a provincial-level social insurance office may appoint, relieve from duty and remove from office directors and deputy directors of district-level social security offices; heads and deputy heads of professional teams of district-level social insurance offices according to title criteria and process of appointment and relief from duty of personnel set out by the Director General of Vietnam Social Security. The number of deputy directors of a district-level social insurance office is at most 2.

5. The director of a district-level social insurance office shall manage public employees, employees, finance and assets under the management of the district-level social insurance office as decentralized by Vietnam Social Security and provincial-level social insurance office.

Chapter II

RESPONSIBILITIES AND RELATIONSHIPS BETWEEN VIETNAM SOCIAL SECURITY AND MINISTRIES, SECTORS, AGENCIES AND LOCAL ORGANIZATIONS

Article 8. Responsibilities and relationships between Vietnam Social Security and ministries and sectors

1. With the Ministry of Labor, Invalids and Social Affairs:

a/ To propose formulation, revision and supplementation of social insurance and unemployment insurance regimes and policies;

b/ To propose inspection, examination and handling of violators in the implementation of social insurance and unemployment insurance in accordance with law;

c/ To submit to inspection and examination by the Ministry of Labor, Invalids and Social Affairs of its observance of regulations on social insurance and unemployment insurance;

d/ To make annual reports and extraordinary reports on implementation of social insurance and unemployment insurance regimes and policies; revenues, expenditures, management and use of social insurance and unemployment insurance funds.

2. With the Ministry of Health:

a/ To propose formulation, revision and supplementation of health insurance regimes and policies;

b/ To participate in determining premium rates, scope of benefits and benefit levels of patients covered by health insurance and the mechanism of payment of expenses for medical examination and treatment; medical service prices, the list of drugs, medical supplies and technical services within the scope of benefits of the insured;

c/ To propose inspection and examination, and handling of violators in the implementation of health insurance in accordance with law;

d/ To submit to inspection and examination by the Ministry of Health in the observance of the law on health insurance;

dd/ To make annual reports and extraordinary reports on implementation of health insurance regimes and policies; revenues, expenditures, management and use of health insurance funds.

3. With the Ministry of Finance:

a/ To propose formulation, revision and supplementation of financial regimes for social insurance, unemployment insurance and health insurance funds and financial mechanism applicable to Vietnam Social Security;

b/ To submit to inspection and examination by the Ministry Finance in the observance of regulations on financial regimes for social insurance, unemployment insurance and health insurance funds;

c/ To make annual reports and extraordinary reports on revenues, expenditures, management and use of social insurance, unemployment insurance and health insurance funds.

4. To participate and coordinate with the Ministry of Labor, Invalids and Social Affairs, Ministry of Finance and Ministry of Health in managing revenues, expenditures, preservation, development and balancing of social insurance, unemployment insurance and health insurance funds

5. To assume the prime responsibility for, and coordinate with ministries and sectors in, disseminating social insurance, unemployment insurance and health insurance policies and laws to ensure strict observance of law and increase the number of social insurance, unemployment insurance and health insurance participants.

Article 9. Responsibilities and relationships between social insurance offices at all levels and local agencies and organizations

1. To assume the prime responsibility for, and coordinate with state agencies, socio-political organizations, social organizations and parties participating in social insurance, unemployment insurance and health insurance in, settling matters related to the implementation of social insurance, unemployment insurance and health insurance regimes in accordance with law.

2. To coordinate with competent state agencies in carrying out examination and inspection in the fields of social insurance, unemployment insurance and health insurance when so requested; to propose competent agencies to handle violations of the law on social insurance, unemployment insurance and health insurance.

3. To assume the prime responsibility for, and coordinate with state agencies, socio-political organizations and social organizations in localities in, disseminating social insurance, unemployment insurance and health insurance policies and laws in order to increase participants and ensure observance of the law on social insurance, unemployment insurance and health insurance.

4. To coordinate with provincial-level Departments of Labor, Invalids and Social Affairs, provincial-level Departments of Health and other state agencies in submitting to provincial-people People’s Committees for formulation plans on assignment of targets of increasing social insurance, unemployment insurance, health insurance participants and realizing such plans.

5. To coordinate with provincial-level Departments of Labor, Invalids and Social Affairs, provincial-level Departments of Health and local agencies and organizations in handling evasion of payment and late payment of social insurance, unemployment insurance and health insurance premiums; when necessary, to report to provincial-level People’s Committees to take necessary measures to handle evasion of payment and late payment of social insurance, unemployment insurance and health insurance premiums to protect employees’ legitimate rights and interests related to social insurance, unemployment insurance and health insurance.

6. To coordinate with provincial-level Departments of Labor, Invalids and Social Affairs and related agencies in reporting to Vietnam Social Security for settlement matters related to social insurance benefits for employees who had working periods before January 1, 1995.

7. Every 6 months, to be provided by local state management agencies in charge of labor with information on employment and employee change in their localities; to be provided by tax offices with tax identification numbers of organizations and individuals; to be annually provided with information on salary expenses of businesses or organizations for tax calculation.

8. To request local competent agencies to re-investigate occupational accidents or diseases.

9. To send to provincial-level People’s Committees quarterly, biannual, annual and extraordinary reports on implementation of social insurance and health insurance regimes and policies, evasion of payment and late payment of social insurance, unemployment insurance and health insurance premiums.

Chapter III

MANAGEMENT BOARD OF VIETNAM SOCIAL SECURITY

Article 10. Management Board of Vietnam Social Security

1. The Management Board of Vietnam Social Security (below referred to as the Management Board) shall assist the Government and Prime Minister in directing and supervising the operation of Vietnam Social Security and give advices on social insurance, unemployment insurance and health insurance policies.

2. The Management Board is composed of representatives of leaderships of the Ministry of Labor, Invalids and Social Affairs, Ministry of Health, Ministry of Finance, Ministry of Home Affairs, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, Vietnam Farmer’s Union, Director General of Vietnam Social Security and other members assigned by the Government.

3. The Management Board is composed of its chairperson, vice chairpersons and members, who shall be appointed, relieved from duty or dismissed by the Prime Minister at the request of the Minister of Home Affairs; the term of office of members of the Management Board is 5 years.

4. The Management Board has an Assisting Office. The Management Board shall define specific tasks of its Assisting Office.

5. Tasks and powers of the Management Board:

a/ To direct the formulation of and approve Vietnam Social Security development strategies, long-term, five-year and annual plans on implementation of social insurance, unemployment insurance and health insurance regimes, and schemes on preservation and development of social insurance, unemployment insurance and health insurance funds before submitting them to the Prime Minister for approval;  to supervise and examine the Director General of Vietnam Social Security in the implementation of such strategies, plans and schemes after they are approved;

b/ To supervise and examine the implementation of plans on revenues, expenditures, management and use of social insurance, unemployment insurance and health insurance funds. To propose to competent state agencies revision and supplementation of social insurance, unemployment insurance and health insurance regimes and policies to ensure safety of social insurance, unemployment insurance and health insurance funds;

c/ To approve annual estimates of revenues and expenditures of social insurance, unemployment insurance and health insurance funds and levels of social insurance, unemployment insurance and health insurance management expenses before Vietnam Social Security submits them to competent agencies for decision;

d/ To approve annual reports on implementation of social insurance, unemployment insurance and health insurance regimes and management and use of social insurance, unemployment insurance and health insurance funds before Vietnam Social Security submits them to competent agencies;

dd/ To decide on, and take responsibility before the Government for, forms and structures of investment of social insurance, unemployment insurance and health insurance funds when so requested by the Director General;

e/ Members of the Management Board being representatives of ministries and sectors shall report on relevant contents to their ministers and heads of sectors;

g/ To propose to competent state agencies the formulation, revision and supplementation of social insurance, unemployment insurance and health insurance regimes, policies and laws, social security sector’s development strategies; strengthening of the organizational apparatus of Vietnam Social Security; and mechanisms for management and use of social insurance, unemployment insurance and health insurance funds;

h/ To propose the Prime Minister to appoint, relieve from duty or dismiss the Director General and Deputy Directors General of Vietnam Social Security.

Article 11. Working regime of the Management Board

1. The Management Board shall work on a collegial basis; meet once every 3 months to consider and decide on matters falling within the ambit of its tasks and powers specified in Clause 5, Article 10 of this Decree. For matters not required to be discussed at meetings, the Chairperson of the Management Board shall send a written request for opinions of every member of the Management Board. The Management Board may hold extraordinary meetings to handle urgent matters at the request of the Chairperson of the Management Board or the Director General or of more than 50% of total members of the Management Board.

2. The Chairperson or a Vice Chairperson of the Management Board authorized by the Chairperson shall convene and preside over meetings of the Management Board. Contents and documents of a meeting shall be sent to members of the Management Board at least 5 working days before the meeting date. Members of the Management Board shall prepare their opinions for discussion and adoption of resolutions of the Management Board.

3. A meeting of the Management Board may be held if at least two-thirds of the Management Board’s members attend. A resolution of the Management Board shall be voted for by more than 50% of the Management Board’s members. Written requests for opinions shall be sent to absent members. In the case of a tied vote, the decision shall be made according to the opinion of the Chairperson of the Management Board. Matters involving divergent opinions of members of the Management Board shall be reported by the Chairperson of the Management Board to the Prime Minister for decision. Members of the Management Board may have their opinions reserved.

4. When discussing matters related to ministries, sectors and units of Vietnam Social Security, the Management Board shall invite leaderships of such ministries or sectors and heads of such units to attend meetings. The invited persons may express their opinions but may not vote.

5. Resolutions of the Management Board shall be sent to its members and Director General for organization of the implementation thereof.

6. Members of the Management Board may request the Director General to provide information and documents on matters falling within the ambit of responsibilities and powers of the Management Board. The Director General shall fully and promptly provide accurate information and documents on such matters at the request of members of the Management Board.

7. Annually, the Management Board shall report to the Prime Minister on its operation results.

8. Funds for operation of the Management Board shall be covered by Vietnam Social Security. Workplaces of the Management Board, and its Standing Vice Chairperson and Assisting Office shall be arranged by Vietnam Social Security. The Management Board may use the seal of Vietnam Social Security in its operation.

9. Members of the Management Board may employ cadres, civil servants and public employees of their respective ministries or sectors to assist them. Members of the Management Board are entitled to remuneration as provided by the Government.

Chapter IV

EFFECT

Article 12. Effect and transitional provisions

1. This Decree takes effect on September 20, 2020.

2. The Governments’ Decree No. 01/2016/ND-CP of January 5, 2016, defining the functions, tasks, powers and organizational structure of Vietnam Social Security, ceases to be effective on the effective date of this Decree.

3. Clause 7, Article 23 of the Government’s Decree No. 115/2015/ND-CP of November 11, 2015, detailing a number of articles of the Law on Social Insurance regarding compulsory social insurance, ceases to be effective on the effective date of this Decree.

4. The Director General of Vietnam Social Security shall:

a/ Review and rearrange affiliated units and divisions of affiliated units of Vietnam Social Security, ensuring streamlined apparatus and personnel downsizing under the Party’s Resolutions and the Government’s Action Program to implement the Resolution of the 6^th plenum of the XII^th Party Central Committee.

b/ Remove 63 divisional units of 63 provincial-level social insurance offices in the 2021-2025 period;

c/ Reduce district-level social insurance offices under the Party Central Committee’s Resolution No. 37-NQ/TW of December 24, 2018, on reorganization of district- and commune-level administrative units, and the National Assembly Standing Committee’s Resolution No. 653/ 2019/UBTVQH14 of March 12, 2019, on reorganization of district- and commune-level administrative units in the 2019-2021 period.

Article 13. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and the Management Board and Director General of Vietnam Social Security shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC