Chương V Nghị định 88/2020/NĐ-CP: Quyền, trách nhiệm của các cơ quan, tổ chức và người sử dụng lao động

Chapter V

RIGHTS AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND EMPLOYERS

Article 40. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. Decide and be responsible to the Prime Minister for the plan on assistance from the Insurance Fund on the basis of proposals from Departments of Labor, War Invalids and Social Affairs and reports of social security offices.

2. Take charge and cooperate with relevant authorities in organizing and providing instructions on dissemination of policies and laws on occupational accidents and diseases; provide training and guidelines for implementation of measures to prevent and share risks related to occupational accidents and diseases, improve working conditions in implementing policies on occupational accident and disease insurance.

3. Consolidate results of implementation of policies on assistance from the Insurance Fund and prepare a plan to propose the allocation of financial assistance and management funding to local authorities on the basis of the revenue estimates of the year of allocation, actual expenditures of the previous year, occurrences of occupational accidents and diseases and compliance with the law on occupational safety and health by local authorities.

4. Before December 31, according to the objectives for occupational accident and disease prevention and control and groups of business lines and fields that need assistance, promulgate documents to instruct local authorities to prepare plans and carry out risk prevention and sharing with respect to occupational accidents and diseases.

5. Inspect and supervise implementation of policies and laws on occupational accident and disease insurance.

6. Settle complaints and denunciations on occupational accident and disease insurance in accordance with regulations of law.

7. Submit annual and ad hoc reports on implementation of policies on occupational accident and disease insurance to the Government.

8. Apply and modernize information technology and direct Departments of Labor, War Invalids and Social Affairs to do so with a view to ensuring that the data on occupational accident and disease insurance are shared by social security offices and carrying out electronic transactions in the field of occupational accident and disease insurance.

Article 41. Responsibilities of the Ministry of Health

1. Cooperate with relevant agencies in disseminating policies and laws on occupational accident and disease insurance.

2. Direct and provide instructions on occupational disease examination and treatment; occupational rehabilitation and investigation into occupational diseases at the request of social security offices.

3. Direct, provide instructions on and inspect assurance of quality of occupational disease examination and treatment and occupational rehabilitation.

4. Settle organizations and individuals’ complaints and denunciations about occupational disease examination and treatment and occupational rehabilitation.

Article 42. Rights and responsibilities of social security offices

1. Every social security office has the right to:

a) inspect the payment of premiums and enjoyment of benefits by employees and employers.

b) suggest competent authorities to prepare and amend regimes, policies and laws on assistance in prevention of occupational accidents and diseases; manage and use the Insurance Fund; impose or request competent authorities to impose penalties for violations against the law on occupational accident and disease insurance in accordance with law.

c) request re-investigation of occupational accidents and diseases.

d) Other rights prescribed by law.

2. Every social security office has the following responsibilities:

a) Encourage participation in occupational accidents and diseases; provide instructions on provision of financial assistance in occupational disease examination and treatment, occupational safety and health training and occupational rehabilitation.

b) Provide financial assistance under decisions of Departments of Labor, War Invalids and Social Affairs; promptly inform Departments of Labor, War Invalids and Social Affairs of fraud cases or cases of failure to satisfy the conditions for financial assistance in career change and risk prevention and sharing with respect to occupational accidents or diseases as prescribed in this Decree.

c) Make sure that the system of electronic information and data on occupational accident and disease insurance is connected to labor authorities so as to regularly update and share information in service of formulation of plans, inspection and appraisal of applications for assistance in career change and risk prevention and sharing with respect to occupational accidents and diseases as prescribed in this Decree.

d) Manage and use the Insurance Fund; archive applications for assistance in career change and risk prevention and sharing with respect to occupational accidents and diseases in accordance with regulations of law.

dd) Organize production of statistics and accounting work regarding occupational accidents and diseases.

e) before December 15, the provincial social security office shall consolidate revenue and expenditure results and the payment of financial assistance from the Insurance Fund of the whole year and submit a report to the provincial People’s Committee on provision of compulsory occupational accident and disease insurance benefits according to the Form No. 14 in the Appendix hereof.

g) On an annual basis, Vietnam Social Security shall consolidate revenue and expenditure results and the payment of financial assistance from the Insurance Fund of the previous year and make a revenue estimate of the Insurance Fund in a year and submit reports to the Social Insurance Management Council and the Ministry of Labor, War Invalids and Social Affairs on provision of compulsory occupational accident and disease insurance benefits; submit a report on management and use of the Compulsory Insurance Fund for Occupational Accidents and Diseases to the Ministry of Finance.

h) Settle complaints and denunciations about provision of compulsory occupational accident and disease insurance benefits.

i) Request Departments of Labor, War Invalids and Social Affairs to recover financial assistance that is provided improperly from the Insurance Fund because information serving search and approval for financial assistance in career change and risk prevention and sharing with respect to occupational accidents and diseases is incorrect.

k) Exercise other rights as prescribed by law.

Article 43. Responsibilities of People's Committees of provinces and central-affiliated cities

1. Direct Departments of Labor, War Invalids and Social Affairs to:

a) take charge and cooperate with relevant agencies in forecasting demands for use of financial assistance and send them to the Ministry of Labor, War Invalids and Social Affairs for consideration and decision in accordance with Clause 1 Article 38 of this Decree; receive applications, appraise and decide the financial assistance in career change training, occupational disease examination and treatment, occupational rehabilitation and occupational safety and health training.

b) take charge and cooperate with relevant authorities in organizing and providing instructions on dissemination of policies and laws on occupational accidents and diseases; provide training and guidelines for implementation of measures to prevent and share risks related to occupational accidents and diseases within provinces under annual guidance of the Ministry of Labor, War Invalids and Social Affairs.

c) take charge and cooperate with competent authorities in re-investigating occupational accidents and cooperate with health authorities in investigation into occupational diseases at the request of the social security office.

d) Before January 30, publish a list of employers submitting occupational safety and health reports and occupational accident reports to the Department of Labor, War Invalids and Social Affairs; update the list of employers receiving the assistance (enclosed with the list of employees entitled to the assistance), publish assistance decisions on the website of the Department of Labor, War Invalids and Social Affairs.

dd) inspect the implementation of the law on occupational accident and disease insurance within provinces and impose penalties for violations in accordance with law.

e) settle complaints and denunciations on occupational accident and disease insurance in accordance with law.

g) decide to recover financial assistance from the Insurance Fund if any employer or employee is found ineligible to receive assistance under decisions issued by Departments of Labor, War Invalids and Social Affairs as prescribed in Chapter III hereof.

h) apply information technology to management of occupational accident and disease insurance; receive information serving search and approval for financial assistance in assistance in career change and risk prevention and sharing with respect to occupational accidents and diseases prescribed in this Decree, which is shared by the social security office.

i) suggest competent authorities to prepare and amend regimes, policies and laws on occupational accident and disease insurance.

k) submit annual and ad hoc reports to the Ministry of Labor, War Invalids and Social Affairs and provincial People’s Committees in accordance with law.

l) On an annual basis, preside over a meeting on assessment of implementation of assistance policies with the local social security office.

m) archive applications for assistance in career change and risk prevention and sharing with respect to occupational accidents or diseases in accordance with regulations of law.

n) Exercise other rights as prescribed by law.

2. Direct Departments of Health to:

a) cooperate with relevant agencies in disseminating policies and laws on occupational accident and disease insurance.

b) manage occupational disease examination and treatment and occupational rehabilitation within provinces.

c) cooperate with competent authorities in re-investigating occupational accidents at the request of the social security office.

d) settle organizations and individuals’ complaints and denunciations about occupational disease examination and treatment and occupational rehabilitation in accordance with law.

dd) provide documents and information relating to occupational disease examination and treatment and occupational rehabilitation at the request of competent authorities.

e) Exercise other rights as prescribed by law.

Article 44. Responsibilities of employers

1. Fully pay occupational accident and disease insurance premiums for employees in accordance with law.

2. Promptly prepare applications for benefits provided from the Insurance Fund to employees.

3. Fully provide benefits and financial assistance from the Insurance Fund to employees.

4. Use financial assistance in risk prevention and sharing with respect to occupational accidents and diseases for intended purposes and in an effective manner under law.

5. Refund the recovered financial assistance to the Insurance Fund under decisions of the Department of Labor, War Invalids and Social Affairs specified in Point I Clause 2 Article 42 and Point g Clause 1 Article 43 hereof.