Chương I Nghị định 152/2006/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree guides a number of articles of the Law on Social Insurance regarding compulsory social insurance for Vietnamese cadres, public employees, public servants and laborers working under labor contracts.

Article 2.- Laborers participating in compulsory social insurance provided in this Decree include:

1. Cadres, public employees and public servants as defined by the law on cadres and public employees;

2. Persons working under labor contracts of indefinite term or labor contracts of a term of full 3 months or longer as defined by the labor law, including managers and laborers working for cooperatives or unions of cooperatives and enjoying wages under labor contracts of a term of full 3 months or longer;

3. Laborers who are defense workers and police workers working in armed forces enterprises.

4. Laborers who have participated in compulsory social insurance but have not yet received a lump-sum social insurance benefit before going to work overseas for a definite term in accordance with the law on Vietnamese laborers working overseas under contracts of the following types:

a/ Contracts signed with non-business organizations or enterprises permitted to provide the service of sending laborers to work overseas, enterprises sending laborers to work overseas in the form of probation and skill improvement, and enterprises making offshore investment and sending laborers to work overseas.

b/ Contracts signed with Vietnamese enterprises that have successfully bid for or entered into contracts to be executed overseas.

c/ Individual contracts.

The subjects defined in this Article are collectively referred to as laborers.

Article 3.- Employers participating in compulsory social insurance provided in this Decree include:

1. Enterprises established and operating under the Enterprise Law, including armed forces enterprises.

2. State agencies, non-business units of the State.

3. Political organizations, socio-political organizations, socio-professional-political organizations, socio-professional organizations, other social organizations.

4. Organizations and units operating in accordance with law.

5. Cooperatives, unions of cooperatives set up and operating under the Cooperative Law.

6. Individual business households, cooperative groups, other organizations and individuals hiring, employing and paying wages to laborers.

7. Foreign agencies, organizations and individuals, international organizations operating in the Vietnamese territory and employing Vietnamese, unless otherwise provided for by treaties to which the Socialist Republic of Vietnam has signed or acceded.

Article 4.- Social insurance regimes provided in this Decree include:

1. Sickness.

2. Maternity.

3. Labor accident, occupational disease.

4. Retirement.

5. Survivorship allowance.

Laborers specified at Points a and c, Clause 4, Article 2 of this Decree shall only implement the regimes of retirement and survivorship allowance.

Article 5.- State management agencies in charge of social insurance defined in Article 8 of the Law on Social Insurance are specified as follows:

1. The Government shall perform the uniform state management of social insurance, direct the formulation, promulgation and implementation of legal documents, regimes and policies on social insurance.

2. The Ministry of Labor, War Invalids and Social Affairs shall take responsibility before the Government for performing the state management of social insurance, including:

a/ Assuming the prime responsibility for, and coordinating with ministries, branches and organizations in studying, formulating and submitting to competent state agencies for promulgation or promulgating according to its competence legal documents on social insurance;

b/ Assuming the prime responsibility for, and coordinating with ministries and branches in conducting statistical work, communicating and disseminating regimes, policies and law on social insurance;

c/ Inspecting the implementation of the law on social insurance;

d/ Performing the function of specialized inspection of social insurance;

e/ Undertaking international cooperation in the domain of social insurance in accordance with law;

f/ Organizing training in social insurance;

g/ Annually, reporting to the Prime Minister on the implementation of social insurance.

3. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their respective tasks and powers, perform the state management of social insurance, including:

a/ Coordinating with the Ministry of Labor, War Invalids and Social Affairs and concerned ministries and branches in formulating social insurance laws and policies;

b/ Overseeing and supervising the implementation of social insurance regimes, policies and law according to their respective competence;

c/ Reporting to competent agencies on social insurance issues within their respective ambit and powers of state management.

4. People's Committees of provinces and centrally run cities shall perform the state management of social insurance within their respective localities. Provincial-level Labor, War Invalids and Social Affairs Services shall assist People's Committees of provinces and centrally run cities in performing their function of state management of social insurance, including:

a/ Monitoring and deploying the implementation of the law on social insurance;

b/ Assuming the prime responsibility for, or coordinating with concerned agencies in supervising and inspecting the implementation of social insurance regimes and policies;

c/ Proposing concerned ministries and branches to settle social insurance issues falling within the latter's competence;

d/ Annually, sending reports to the Ministry of Labor, War Invalids and Social Affairs on the implementation of the law on social insurance.

Article 6.- The social insurance inspectorate defined in Article 10 of the Law on Social Insurance is specified as follows:

1. The Labor, War Invalids and Social Affairs Inspectorate conducting specialized inspection of social insurance shall have the following tasks:

a/ Inspecting the implementation of social insurance regimes, policies and law;

b/ Inspecting the sources of formation, management and use of social insurance funds;

c/ Verifying, concluding and proposing the settlement of social insurance-related complaints and denunciations in accordance with law;

d/ Sanctioning according to its competence acts of violation of the law on social insurance and proposing functional agencies to handle those acts;

e/ Providing professional guidance and training on specialized inspection of social insurance.

2. Subject to specialized inspection of social insurance are:

a/ Employers defined in Article 3 of this Decree;

b/ Laborers defined in Article 2 of this Decree;

c/ Social insurance organizations at all levels;

d/ Organizations and individuals involved in the implementation of the law on social insurance.

Article 7.- Prohibited acts defined in Article 14 of the Law on Social Insurance are specified as follows:

1. Regarding payment of social insurance premiums:

a/ Failing to pay social insurance premiums;

b/ Paying social insurance premiums not at prescribed levels;

c/ Paying social insurance premiums not on prescribed schedule;

d/ Paying social insurance premiums insufficiently for all persons eligible for social insurance.

2. Forging dossiers in the implementation of social insurance, including:

a/ Making false declarations or making modifications or deletions to falsify the contents related to the payment of social insurance premiums or enjoyment of social insurance benefits;

b/ Forging documents for insertion into dossiers for enjoyment of social insurance benefits;

c/ Issuing certificates in contravention of regulations as a basis for enjoying social insurance benefits.

3. Using social insurance funds for improper purposes and in contravention of policies and regimes.

4. Committing troubling and harassing acts, thereby causing damage to legitimate rights and interests of laborers and employers, including:

a/ Deliberately troubling and hindering the payment of social insurance premiums or enjoyment of social insurance benefits by laborers;

b/ Failing to issue or return social insurance books to laborers according to regulations.

5. Making false reports, supplying false information and data on social insurance.