Chương IX Luật Bảo hiểm xã hội 2006: Khiếu nại, tố cáo về bảo hiểm xã hội

Chapter IX

COMPLAINTS AND DENUNCIATIONS ABOUT SOCIAL INSURANCE

Article 130.- Complaints about social insurance

1. Laborers or persons who are enjoying retirement pensions or monthly social insurance allowances, persons who are reserving their social insurance premium payment period and other persons are entitled to complain about decisions or acts of employers or of a social insurance organization when they have grounds to believe that such decisions or acts violate the social insurance law, infringing upon their respective legitimate rights and interests.

2. Employers are entitled to complain about decisions or acts of a social insurance organization when they have grounds to believe that such decisions or acts violate the social insurance law, infringing upon their respective legitimate rights and interests.

Article 131.- Competence, order and procedures for settlement of complaints

1. Settlement of complaints about administrative decisions or administrative acts regarding social insurance shall be as provided for in the law on complaints and denunciations.

2. Settlement of complaints about social insurance-related decisions or acts other than the cases provided for in Clause 1 of this Article shall be carried out as follows:

a/ Persons competent to settle first-time complaints about social insurance are the persons who have issued the complained decisions or performed the complained acts.

When the persons with social insurance-related decisions or acts that are complained about no longer exist, the district-level state management agencies in charge of labor are competent to settle the complaints;

b/ When complainants disagree with the decisions on settlement of the first-time complaints or when at the expiration of the set time limit the complaints have not yet been settled, they are entitled to initiate lawsuits at a court or complain with the provincial-level state management agencies in charge of labor;

c/ When complainants disagree with the complaint-settling decisions of the provincial-level state management agencies in charge of labor or when at the expiration of the set time limit the complaints have not yet been settled, they are entitled to initiate lawsuits at a court.

d/ The statute of limitations for lodging complaints and the time limit for settling complaints shall be as provided for in the law on complaints and denunciations.

Article 132.- Denunciations, settlement of denunciations about social insurance

Denunciations and the settlement of denunciations about violations of law on social insurance shall be as provided for in the law on complaints and denunciations.