Chương II Luật Bảo hiểm xã hội 2006: Quyền, trách nhiệm của người lao động, người sử dụng lao động, tổ chức bảo hiệm xã hội

Chapter II

RIGHTS AND RESPONSIBILITIES OF LABORERS, EMPLOYERS, SOCIAL INSURANCE ORGANIZATIONS

Article 15.- Rights of laborers

Laborers have the following rights:

1. To be granted social insurance books;

2. To receive social insurance books when ceasing to work;

3. To receive retirement pensions and social insurance allowances fully and in time;

4. To be covered by health insurance in the following cases:

a/ Currently enjoying retirement pensions;

b/ Being on leave and enjoying monthly labor accident or occupational disease allowance;

c/ Currently enjoying unemployment allowance;

5. To authorize other persons to receive their retirement pension or social insurance allowance.

6. To request employers to supply information specified at Point h, Clause 1, Article 18; to request social insurance organizations to supply information specified in Clause 11, Article 20 of this Law;

7. To lodge complaints or denunciations about social insurance;

8. Other rights provided for by law.

Article 16.- Responsibilities of laborers

1. Laborers have the following responsibilities:

a/ To pay social insurance premiums according to the provisions of this Law;

b/ To observe regulations on compilation of social insurance dossiers;

c/ To preserve social insurance books according to regulations;

d/ Other responsibilities as provided for by law.

2. Apart from the responsibilities specified in Clause 1 of this Article, laborers covered by unemployment insurance also have the following responsibilities:

a/ To register their unemployment with the social insurance organization;

b/ To monthly inform the social insurance organization of the situation of job seeking during the period of enjoying unemployment allowance;

c/ To accept jobs or participate in appropriate job-training courses recommended by the social insurance organization.

Article 17.- Rights of employers

Employers have the following rights:

1. To reject requests contrary to the provisions of law on social insurance;

2. To lodge complaints or denunciations about social insurance;

3. Other rights as provided for by law.

Article 18.- Responsibilities of employers

1. Employers have the following responsibilities:

a/ To pay social insurance premiums according to the provisions of Article 92 and make monthly deductions from salaries or remuneration of their laborers according to the provisions of Clause 1, Article 91 of this Law for payment at a time into the social insurance fund;

b/ To preserve social insurance books of laborers during their working term;

c/ To return social insurance books to laborers when they cease to work;

d/ To compile dossiers for laborers to be granted social insurance books, pay social insurance premiums and be covered by social insurance;

e/ To pay social insurance allowances to laborers;

f/ To recommend laborers for assessment of their working capacity decrease at the Medical Assessment Council as provided for at Point a, Clause 1, Article 41, Article 51 and Point b, Clause 1, Article 55 of this Law;

g/ To supply relevant documents and information at the request of competent state bodies;

h/ To supply information on payment of laborers' social insurance premiums when so requested by laborers or trade union organizations;

i/ Other responsibilities as provided for by law.

2. Apart from complying with the provisions of Clause 1 of this Article, monthly the employers covered by unemployment insurance shall pay unemployment insurance premiums according to the provisions of Clause 2, Article 102 and make deductions from laborers' salaries or remuneration according to the provisions of Clause 1, Article 102 of this Law for payment at a time into the unemployment insurance fund.

Article 19.- Rights of social insurance organizations

Social insurance organizations have the following rights:

1. To organize the management of personnel, finance and property according to provisions of law;

2. To reject claims for social insurance benefits against regulations;

3. To lodge complaints about social insurance;

4. To examine the contribution of social insurance premiums and the payment of social insurance benefits;

5. To propose competent state bodies to formulate, amend and/or supplement social insurance regimes, policies and law and to manage the social insurance fund;

6. To propose competent state bodies to handle violations of the law on social insurance;

7. Other rights as provided for by law.

Article 20.- Responsibilities of social insurance organizations

Social insurance organizations have the following responsibilities:

1. To propagate and disseminate social insurance regimes, policies and law; to guide social insurance implementation procedures for insured laborers and employers;

2. To collect social insurance premiums according to the provisions of this Law;

3. To receive dossiers and settle social insurance regimes; to pay retirement pensions and social insurance allowances in a full, convenient and timely manner;

4. To grant social insurance books to every laborer;

5. To manage and use the social insurance fund according to the provisions of law;

6. To apply measures to preserve and develop the social insurance fund;

7. To organize statistical and accounting work, to provide professional guidance on social insurance;

8. To recommend laborers for assessment of their working capacity decrease at the Medical Assessment Council as provided for at Point b, Clause 1 and Clause 2, Article 41 of this Law;

9. To apply information technology to social insurance management; to archive the insured's dossiers according to the provisions of law;

10. To biannually report to the Social Insurance Management Board on social insurance implementation. To annually report to the Government and state management bodies on the management and use of the social insurance fund;

11. To adequately and promptly supply information on payment of social insurance premiums, the rights to enjoy social insurance benefits, and social insurance implementation procedures when so requested by laborers or trade union organizations;

12. To supply relevant documents and information at the request of competent state agencies;

13. To settle in time complaints and denunciations about the implementation of social insurance;

14. To establish international cooperation on social insurance;

15. Other responsibilities as provided for by law.