Chương II Luật Bảo hiểm xã hội 2014: Quyền, trách nhiệm của người lao động, người sử dụng lao động, cơ quan bảo hiểm xã hội

Chapter II

RIGHTS AND RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS AND SOCIAL INSURANCE AGENCIES

Article 18. Rights of employees

1. To participate in social insurance and enjoy social insurance benefits in accordance with this Law.

2. To be granted and manage social insurance books.

3. To fully and promptly receive pensions and social insurance allowances in one of the following forms:

a/ Directly from social insurance agencies or service organizations authorized by social insurance agencies;

b/ Via their deposit accounts opened at banks;

c/ Through employers.

4. To enjoy health insurance in the following cases:

a/ Being on pension;

b/ Taking leave on maternity allowance for childbirth or child adoption;

c/ Taking leave on monthly occupational accident or occupational disease allowance;

d/ Being on sickness allowance, for employees who suffer a disease on the Ministry of Health-issued list of diseases requiring long-term treatment.

5. To take medical assessment of their working capacity decrease, if they fall in the case specified at Point b, Clause 1, Article 45 of this Law and have their period of social insurance premium payment reserved; not to pay medical assessment costs if they are eligible to social insurance.

6. To authorize others to receive pensions or social insurance allowances.

7. Every 6 months, to be provided by employers with information on the payment of social insurance premiums; every year, to have the payment of social insurance premiums certified by social insurance agencies; to request employers and social insurance agencies to provide information on the payment of social insurance premiums and enjoyment of social insurance.

8. To lodge complaints or denunciations or initiate lawsuits about social insurance in accordance with law.

Article 19. Responsibilities of employees

1. To pay social insurance premiums in accordance with this Law.

2. To comply with regulations on making of social insurance dossiers.

3. To preserve social insurance books.

Article 20. Rights of employers

1. To reject requests which are contrary to the law on social insurance.

2. To lodge complaints or denunciations or initiate lawsuits about social insurance in accordance with law.

Article 21. Responsibilities of employers

1. To make dossiers for employees to be granted social insurance books, pay social insurance premiums and enjoy social insurance.

2. To pay social insurance premiums under Article 86, and make monthly deductions from employees’ salaries under Clause 1, Article 85, of this Law for simultaneous payment to the social insurance fund.

3. To introduce employees defined at Point a, Clause 1, in Clause 2, Article 45, or in Article 55, of this Law to the Medical Assessment Council for assessment of their working capacity decrease.

4. To coordinate with social insurance agencies in paying social insurance allowances to employees.

5. To coordinate with social insurance agencies in returning social insurance books to and certifying periods of social insurance premium payment for employees who terminate labor contracts or working contracts or cease working in accordance with law.

6. To provide accurate, sufficient and prompt information and documents relating to the payment of social insurance premiums and enjoyment of social insurance at the request of competent state management agencies or social insurance agencies.

7. Every 6 months, to post up information on the payment of social insurance premiums for employees; to provide information on employees’ payment of social insurance premiums at the request of employees or trade union organizations.

8. Annually, to post up information on employees’ payment of social insurance premiums provided by social insurance agencies under Clause 7, Article 23 of this Law.

Article 22. Rights of social insurance agencies

1. To organize the management of personnel, finance and assets in accordance with law.

2. To reject unlawful claims for social insurance, unemployment insurance or health insurance allowances.

3. To request employers to produce labor management books, salary tables and other information and documents relating to the payment of social insurance, unemployment insurance and health insurance premiums and enjoyment of social insurance, unemployment insurance or health insurance.

4. To be provided by enterprise registration agencies or agencies granting operation certificates or operation licenses with copies of enterprise registration certificates, operation licenses, operation certificates or establishment decisions in order to register employees covered by social insurance and health insurance, for newly established enterprises and organizations.

5. Every 6 months, to be provided by local state management agencies in charge of labor with information on employment and change of employees in localities.

6. To be provided by tax agencies with tax identification numbers of employers; to be annually provided with information on employers’ salary expenses used for tax calculation.

7. To examine the implementation of social insurance policies; to conduct specialized inspection of the payment of social insurance, unemployment insurance and health insurance premiums.

8. To propose to competent state agencies the formulation, revision and supplementation of policies and laws on social insurance, unemployment insurance and health insurance and the management of social insurance, unemployment insurance and health insurance funds.

9. To handle, or propose competent state agencies to handle, violations of the laws on social insurance, unemployment insurance and health insurance.

Article 23. Responsibilities of social insurance agencies

1. To propagate and disseminate policies and laws on social insurance, unemployment insurance and health insurance.

2. To issue forms of social insurance and unemployment insurance books and dossiers after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs.

3. To collect social insurance, unemployment insurance and health insurance premiums and pay social insurance, unemployment insurance and health insurance allowances in accordance with law.

4. To grant social insurance books to employees; to manage social insurance books after settling the retirement benefits or survivorship allowance benefits for employees.

5. To receive social insurance and health insurance dossiers; to settle social insurance and health insurance benefits; to pay pensions and social insurance and unemployment insurance allowances in a full, convenient and timely manner.

6. To annually certify periods of social insurance premium payment for each employee; to fully and promptly provide information on the payment of social insurance premiums, the right to social insurance benefits, and procedures for social insurance implementation at the request of employees, employers or trade union organizations.

7. To annually provide information on employees’ payment of social insurance premiums to employers to posting.

8. To apply information technology to social insurance management; to archive the insured’s dossiers in accordance with law.

9. To manage and use social insurance, unemployment insurance and health insurance funds in accordance with law.

10. To take measures to preserve and develop social insurance, unemployment insurance and health insurance funds under decisions of the Management Board of Vietnam Social Security.

11. To perform statistical and financial accounting work on social insurance, unemployment insurance and health insurance.

12. To provide professional training in and guidance on social insurance, unemployment insurance and health insurance.

13. To report to the Management Board of Vietnam Social Security every 6 months and to the Ministry of Labor, War Invalids and Social Affairs every year on the implementation of social insurance and unemployment insurance; to report to the Ministry of Health on the implementation of health insurance; to report to the Ministry of Finance on the management and use of social insurance, unemployment insurance and health insurance funds.

Annually, local social insurance agencies shall report to same-level People’s Committees on the implementation of social insurance, unemployment insurance and health insurance in localities under their management.

14. To publicize in the mass media employers that violate the obligation to pay social insurance, unemployment insurance or health insurance premiums.

15. To provide relevant documents and information at the request of competent state agencies.

16. To settle complaints and denunciations about the implementation of social insurance, unemployment insurance and health insurance in accordance with law.

17. To carry out international cooperation on social insurance, unemployment insurance and health insurance.

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