Chapter V
COMPLAINTS AND DENUNCIATIONS RELATED TO VOLUNTARY SOCIAL INSURANCE
Article 39. Complainants about social insurance under Clause 1, Article 130 of the Law on Social Insurance
1. Participants in voluntary social insurance defined in Article 2 of this Decree.
2. Persons who are on retirement pension, reserve a period of paying voluntary social insurance premiums, temporarily discontinue enjoyment of retirement pension, enjoy lump-sum survivorship allowance, take care of funeral, and other persons with rights and interests related to voluntary social insurance.
Article 40. Competence and order for settling complaints related to social insurance under Clause 2, Article 131 of the Law on Social Insurance
1. Competence to settle complaints related to voluntary social insurance:
a/ The head of the social insurance organization who has issued decisions or taken acts related to voluntary social insurance shall settle first-time complaints about their decisions or acts.
b/ The director of the provincial-level Labor, War Invalids and Social Affairs is competent to settle complaints related to voluntary social insurance about complaint settlement decisions which are issued by the head of the social insurance organization in the first-time settlement but disagreed by complainants or complaints which are not settled after the prescribed time limit while complainants do not initiate a lawsuit at a court.
2. The order and procedures for filing complaints and settling first-time complaints related to voluntary social insurance are prescribed bellows:
a/ When detecting a decision or act related to voluntary social insurance which is illegal and infringes upon his/her lawful rights and interests, the complainant shall send a written complaint to the head of the social insurance organization that has issued such decision or taken such act;
b/ When receiving a first-time written complaint, the head of the social insurance organization that has issued the decision or taken the act complained about shall consider, receive and settle it;
c/ The statute of limitations for filing first-time complaints, procedures for filing and time limit for settling these complaints comply with the law on complaints and denunciations.
3. The order and procedures for filing second-time complaints related to voluntary social insurance
and settling these complaints are prescribed bellows:
a/ If the complainant disagrees with the first-time complaint settlement decision or the first-time complaint is not settled after the prescribed time limit while the complainant does not initiate a lawsuit at a court, the complainant may file his/ her complaint with the director of the provincial-level Labor, War Invalids and Social Affairs;
b/ The statute of limitations for lodging second-time complaints, procedures for filing and time limit for settling these complaints comply with the law on complaints and denunciations.
4. The complainant may initiate a lawsuit at a court when he/she disagrees with the first-time settlement
decision of the head of the social insurance organization and does not file a complaint with the director of the provincial-level Labor, War Invalids and Social Affairs; the complaint settlement decision of the director of the provincial-level Labor, War Invalids and Social Affairs or his/her complaint is not settled by the head of the social insurance organization or the director of the provincial-level Labor, War Invalids and Social Affairs after the prescribed time limit.
Article 41. Denunciations of acts in violation of the law on voluntary social insurance shall be filed and settled in accordance with the law on complaints and denunciations.
Tìm kiếm
Nghị định 190/2007/NĐ-CP (Bản Word)