Chương V Nghị định 152/2006/NĐ-CP: Khiếu nại, tố cáo về bảo hiểm xã hội

Chapter V

COMPLAINTS AND DENUNCIATIONS ABOUT SOCIAL INSURANCE

Article 55.- Complainants about social insurance under Article 130 of the Law on Social Insurance include:

1. Laborers specified in Article 2 of this Decree.

2. Persons on monthly retirement pension or social insurance allowance, persons currently reserving a period of paying social insurance premiums, persons temporarily suspended from enjoying monthly retirement pensions or social insurance allowances, persons enjoying lump-sum survivorship allowances, persons who take care of funerals and other persons with rights and interests related to social insurance.

3. Employers specified in Article 3 of this Decree.

Article 56.- Competence, order and procedures for settling complaints about social insurance under Clause 2, Article 131 of the Law on Social Insurance are specified as follows:

1. Competence to settle complaints about social insurance:

a/ Employers or heads of social insurance organizations at all levels shall settle first-time complaints about their social insurance-related decisions or acts.

When an employer with the complained social-insurance decision or act no longer exists, the district-level state management agency in charge of labor shall settle the complaint concerned.

b/ Directors of provincial-level Labor, War Invalids and Social Affairs Services are competent to settle social insurance-related complaints about complaint settlement decisions which are issued by employers or heads of social insurance organizations but are disagreed with by complainants or complaints which are not settled after the expiration of the prescribed time limit while the complainants do not initiate a lawsuit at a court during this time limit.

2. Order and procedures for lodging and settling first-time complaints about social insurance.

a/ When discovering an illegal social insurance-related decision or act which infringes upon his/her legitimate rights and interests, the complainant shall send a written complaint to the person or organization that has issued that decision or taken that act;

b/ Upon receiving a first-time written complaint, the person or organization with the complained decision or act shall consider, receive and settle the complaint;

c/ The statute of limitations and procedures for lodging and the time limit for settling first-time complaints are in accordance with the law on complaints and denunciations.

3. Order and procedures for lodging and settling second-time complaints about social insurance.

a/ When a complainant disagrees with the first-time complaint settlement decision or his/her first-time complaint is not settled after the expiration of the prescribed time limit, the complainant may lodge a complaint with the director of the provincial-level Labor, War Invalids and Social Affairs Service or initiate a lawsuit at a court;

b/ If the complainant disagrees with the complaint settlement decision of the director of the provincial-level Labor, War Invalids and Social Affairs Service or his/her complaint is not settled after the expiration of the prescribed time limit, he/she may initiate a lawsuit at a court;

c/ The statute of limitations and procedures for lodging and the time limit for settling second-time complaints are in accordance with the law on complaints and denunciations.