Chương V Nghị định 37/2016/NĐ-CP: Quyền, trách nhiệm của người lao động, người sử dụng lao động và các cơ quan, tổ chức

Chapter V

RIGHTS AND RESPONSIBILITIES OF EMPLOYERS, EMPLOYEES AND RELEVANT AGENCIES

Article 31. Rights and responsibilities of social security agencies

1. Social security agencies shall have the following rights:

a) Monitor the payment of insurance premiums and receipt of relevant insurance benefits by employers and employees.

b) Reject requests for support that do not correspond with the laws.

c) Give competent state agencies suggestions about the establishment, amendment and supplement of policies and laws on support for prevention of occupational accidents and occupational diseases; manage and use the insurance fund for occupational accidents and occupational diseases; handle or request the competent state agencies to handle violations against laws on occupational accidents and occupational diseases in compliance with prevailing laws.

d) Request for re-investigation into occupational accidents and occupational diseases.

dd) Other rights as regulated by the laws.

2. Social security agencies shall discharge the following obligations:

a) Propagate and disseminate policies and laws on occupational accidents and occupational diseases; instruct procedures for support for costs of medical examination and treatment, training for career change, training in occupational safety and hygiene, and occupational health rehabilitation.

b) Make payment of support amounts for costs of medical examination and treatment, training for career change, training in occupational safety and hygiene, and occupational health rehabilitation; and costs of re-investigation into occupational accidents and occupational diseases.

c) Apply IT applications to management of insurance for occupational accidents and occupational diseases; retain documents of support for costs of medical examination and treatment, training for career change, training in occupational safety and hygiene, and occupational health rehabilitation; and costs of re-investigation into occupational accidents and occupational diseases as regulated.

d) Manage and use the occupational accident insurance fund as regulated by the laws.

dd) Perform statistical and accounting affairs in connection with insurance for occupational accidents and occupational diseases.

e) Submit reports to the Social Insurance Management Board and Ministry of Labour - Invalids and Social Affairs, on the periodical basis of every 06 months and annual basis respectively, on the implementation of policies on compulsory insurance for occupational accidents and occupational diseases; and annually, submit reports to Ministry of Finance on the management and use of the compulsory insurance fund for occupational accidents and occupational diseases.

Annually, local social security agencies shall submit reports to people’s committees at same level on the implementation of policies on compulsory insurance for occupational accidents and occupational diseases under their authority, and send the same to local departments of labour – invalids and social affairs.

g) Provide, on sufficient and timely manner, information about policies on compulsory insurance for occupational accidents and occupational diseases at the requests of competent state agencies and employees or their representative entities.

h) Respond to complaints or denunciations of the implementation of policies on compulsory insurance for occupational accidents and occupational diseases.

i) Fulfill other responsibilities as regulated by prevailing laws.

Article 32. Responsibilities of Departments of Labour – Invalids and Social Affairs

1. Take charge and coordinate with relevant agencies to receive applications and decide support rates for costs of training for career change, occupational disease examination and treatment, occupational health rehabilitation, and training in occupational safety and hygiene.

2. Take charge and coordinate with relevant agencies to disseminate and propagate policies and laws on insurance for occupational accidents and occupational diseases.

3. Take charge and coordinate with competent agencies to facilitate the re-investigation into occupational accidents, and coordinate with competent agencies in charge of health affairs to carry out the re-investigation into occupational diseases at the requests of social security agencies.

4. Make plans for support for training in occupational safety and hygiene; implement plans for training in occupational safety and hygiene.

5. Inspect the implementation of laws on insurance for occupational accidents and occupational diseases.

6. Deal with complaints or denunciations of insurance for occupational accidents and occupational diseases as regulated by laws.

7. Give competent state agencies suggestions about the establishment, amendment and supplement of policies and laws on insurance for occupational accidents and occupational diseases, and handle violations against laws on occupational accidents and occupational diseases.

8. Submit annual or irregular reports to Ministry of Labour - Invalids and Social Affairs, and provincial people’s committees as regulated by laws.

9. Fulfill other responsibilities as regulated by prevailing laws.

Article 33. Responsibilities of Departments of Health

1. Coordinate with relevant agencies to disseminate and propagate policies and laws on insurance for occupational accidents and occupational diseases.

2. Instruct the occupational disease examination and treatment, occupational health rehabilitation and re-investigation into occupational diseases.

3. Take prime responsibility for re-investigation in to occupational diseases, and coordinate with competent agencies to facilitate the re-investigation into occupational accidents at the requests of social security agencies.

4. Deal with complaints or denunciations by entities of occupational disease examination and treatment, and occupational health rehabilitation as regulated by laws.

5. Provide documents and information about the occupational disease examination and treatment, and occupational health rehabilitation at the requests of competent state agencies.

6. Fulfill other responsibilities as regulated by prevailing laws.

Article 34. Responsibilities of Ministry of Labour – Invalids and Social Affairs

1. Based on the capacity for balancing the insurance fund for occupational accidents and occupational diseases, and the frequency of occupational accidents and occupational diseases occurred at enterprises, business facilities, and units participating in compulsory insurance for occupational accidents and occupational diseases, Ministry of Labour – Invalids and Social Affairs shall report to the Government for deciding annual insurance premium rates by January 15^th of every year, commencing from the year 2018.

2. Ministry of Labour – Invalids and Social Affairs takes charge and coordinate with Vietnam Social Security to make decisions and assume responsibility before the Government for plans for support by funding from the insurance fund for occupational accidents and occupational diseases on the basis of requests of departments of labour – invalids and social affairs and reports submitted by social security agencies.

3. Take charge and coordinate with relevant agencies to disseminate and propagate policies and laws on insurance for occupational accidents and occupational diseases.

4. Inspect the implementation of laws on insurance for occupational accidents and occupational diseases.

5. Deal with complaints or denunciations of insurance for occupational accidents and occupational diseases as regulated by laws.

6. Submit annual or irregular reports to the Government on the implementation of policies on occupational accidents and occupational diseases.

Article 35. Responsibilities of Ministry of Health

1. Coordinate with relevant agencies to disseminate and propagate policies and laws on insurance for occupational accidents and occupational diseases.

2. Instruct the occupational disease examination and treatment, occupational health rehabilitation and re-investigation into occupational diseases at the requests of social security agencies.

3. Instruct and inspect the quality of occupational disease examination and treatment, and occupational health rehabilitation services.

4. Deal with complaints or denunciations by entities of occupational disease examination and treatment, and occupational health rehabilitation as regulated by laws.

Article 36. Procedures for approving entities, and plans for support for costs of training in occupational safety and hygiene

1. Annually, employers who seek support for costs of training in occupational safety and hygiene shall submit written requests, which specify entities needing support for training costs, to departments of labour - invalids and social affairs where their head offices locate for consideration.

2. Departments of labour – invalids and social affairs shall make and summarized report on requests for support for costs of training in occupational safety and hygiene submitted by enterprises in their provinces to Ministry of Labour – Invalids and Social Affairs for approval.

3. Based on the approval granted by Ministry of Labour – Invalids and Social Affairs, departments of labour – invalids and social affairs shall implement the plan for support, and inform enterprises that submitted requests for support and provincial social security agencies.