Chương II: Quyết định 60/2015/QĐ-TTg Cơ chế quản lý tài chính về bảo hiểm xã hội, bảo hiểm y tế, bảo hiểm thất nghiệp

Chapter II

FINANCIAL MANAGEMENT MECHANSIM

Article 4. Financial resources

1. Financial resources under the management of Vietnam Social Security include:

a) Social insurance funds, including annual state budget funds to pay for pensions and social insurance benefits to beneficiaries who are covered by state budget;

b) Health insurance funds;

c) Unemployment insurance funds;

d) Other financial resources according to laws.

2. Vietnam Social Security shall make payment of pensions, social insurance benefits to beneficiaries covered by state budget and be allocated 0.78% of the total expenditures for insurance benefits by state budget (except expenses for examination and evaluation of functional impairments, health insurance). Specific level of expenditure for individual provinces, central-affiliated cities shall be prescribed by general director of Vietnam Social Security; in which remunerations for the paying agents (agents that carry out the payment of insurance benefits) equal 63% of the level of expenditure prescribed by general director of Vietnam Social Security.

Article 5. Formulation and allocation of receipts and expenditures estimates

1. Annually, along with the formulation of state budget estimates as prescribed, Vietnam Social Security shall compile receipts and expenditures estimates from relevant agencies and units and make a review report to management board of Vietnam Social Security for approval and reporting to the Ministry of Finance, Ministry of Labor, Invalids and Social Affairs, Ministry of Health, including:

a) Social insurance receipts and expenditures;

b) Health insurance receipts and expenditures;

c) Unemployment insurance receipts and expenditures;

d) Administrative expenses in social, health and unemployment insurance;

dd) Investment plans to preserve and develop social, health and unemployment insurance funds.

The Ministry of Finance shall preside over and cooperate with the Ministry of Labor, Invalids and Social Affairs, Ministry of Health, Ministry of Planning and Investment in preparing and submitting a review report on receipts and expenses estimates to the Prime Minister for decision and transfer to Vietnam Social Security. Regarding the estimate of expenditures on pensions and social insurance benefits to beneficiaries guaranteed by state budget, the Ministry of Finance shall include it in the state budget spending estimate and make submission to competent authorities for decision according to the Law on State Budget.

2. Within 15 days since receipt of the decision on estimate allocation from the Prime Minister, Vietnam Social Security shall carry out allocation of estimates to social insurance agencies at all levels, the units affiliated to the Ministry of Labor, Invalids and Social Affairs.

3. If the State promulgates any policy or regime that changes the estimate allocated by the Prime Minister, the Minister of Finance shall consider adjustments to the estimate allocated to Vietnam Social Security in proportion to the level under new policy or regime and make the report to the Prime Minister.

4. The Minister of Finance shall promulgate forms and instruct the formulation of receipts and expenditures estimates prescribed in Clause 1 of this Article.

Article 6. Gathering, management and use of receipts

1. Social insurance agencies shall collect social, health and unemployment insurance premiums from policy holders and transfer it to Vietnam Social Security for management as instructed by Vietnam Social Security.

The social insurance agencies affiliated to the Ministry of Defence and the Ministry of Public Security shall manage and use health insurance premiums from policy holders under the management of the Ministry of National Defense, Ministry of Public Security for medical examination and treatment for the policy holders according to laws.

2. Regarding premiums from employers, social insurance agencies responsible for direct management of policy holders shall take following steps:

a) Collect social, health and unemployment insurance premiums including interests on delayed premiums as prescribed in Clause 3 of this Article from employees who are eligible for social insurance benefits or subject to termination of employment contracts to settle social and unemployment benefits in a timely manner for employees according to laws (if any);

b) The remaining shall be collected as follows:

- Collect all health insurance premiums and interests on delayed premiums according to Point a, Clause 3 of this Article (if any);

- Collect all unemployment insurance premiums and interests on delayed premiums according to Point b, Clause 3 of this Article (if any);

- Collect all social insurance premiums and interests on delayed premiums according to Point b, Clause 3 of this Article (if any);

3. Interests on delayed social, health and unemployment insurance premiums shall be collected as follows:

a) If the payment of health insurance premiums delays from 30 days and over, the interests thereon to be collected shall be twice interbank nine-month term interest rates from last year published by the State bank of Vietnam. If the interbank nine-month interest rates are not available, interest rates of the term preceding the nine-month term shall be applied;

b) In case of evasion, delay or appropriation of social and unemployment insurance premiums, benefits from 30 days and over, the interests thereon to be collected shall be twice the last year’s average interest rate on investments of social, unemployment insurance funds;

c) Within the first 15 days of January annually, Vietnam Social Security shall issue a written notice of average monthly interest rates based on the average interest rate prescribed in Points a and b, this Clause to affiliated social insurance agencies, the Ministry of Defence' Social Security and Ministry of Public Security's Social Security for implementation.

4. The collected interests on delayed social, health and unemployment insurance premiums shall be made in a separate balance sheet between social insurance agencies at all levels and Vietnam Social Security and be reviewed and managed by Vietnam Social Security as follows:

a) The interests on delayed social insurance premiums shall be added to pension and survivorship funds under the social insurance funds.

b) The interests on delayed health insurance premiums shall be added to health insurance provision funds for general management;

c) The interests on delayed unemployment insurance premiums shall be added to unemployment insurance funds.

5. Vietnam Social Security shall be responsible for transferring adequate funds in a timely manner to social insurance agencies at all levels, the units affiliated to the Ministry of Labor, Invalids and Social Affairs for advancing and paying insurance benefits and administrative expenses.

Article 7. Accounting and balance sheets

1. Social, health and unemployment insurance funds shall be managed and used according to laws on social, health and unemployment insurance; managed in a unified and transparent way, independently accounted and financially balanced according to component funds by Vietnam Social Security.

2. The receipts from social, health and unemployment insurance premiums in a balance sheet are the actual receipts that include premiums from policy holders, state subsidies and interests on delayed premiums (if any).

3. Social insurance agencies at all levels, employment service centers and unemployment insurance units affiliated to the Ministry of Labor, Invalids and Social Affairs shall perform accounting and statistical tasks according to laws on accounting and statistics; formulate and submit balance sheets to competent agencies for approval and assessment as prescribed.

4. Vietnam Social Security shall be responsible for assessing and sending annual balance sheets to social insurance agencies at all levels, the units affiliated to the Ministry of Labor, Invalids and Social Affairs; formulating and submitting annual balance sheets to management board of Vietnam Social Security for approval and reporting to the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, Ministry of Planning and Investment.

5. The Ministry of Finance shall assess annual balance sheets of state subsidies for payment of pensions and social insurance benefits to beneficiaries covered by the state budget and inform the result to Vietnam Social Security.