Chương I Thông tư 23/2022/TT-BLĐTBXH giám định tư pháp theo vụ việc lĩnh vực bảo hiểm xã hội: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for case-specific judicial assessment in social insurance and unemployment insurance for Vietnam Social Security and social insurance agencies of provinces and central-affiliated cities (hereinafter referred to as “Vietnam’s Social insurance sector”), including: case-specific judicial assessment procedures; conditions of material facilities and equipment used for assessment of case-specific judicial assessment institutions and specialized units if they are solicited to carry out assessment; standards, acknowledgement, cancellation of acknowledgement and update of lists of case-specific judicial assessors and case-specific judicial assessment institutions; application of specialized regulations in case-specific judicial assessment activities.

Article 2. Regulated entities

1. Case-specific judicial assessors and case-specific judicial assessment institutions in social insurance and unemployment insurance of Vietnam’s social insurance sector that are confirmed by Vietnam Social Security as prescribed by the Law on Judicial Assessment.  

2. Organizations and individuals related to judicial assessment activities in social insurance and unemployment insurance.

Article 3. Scope of case-specific judicial assessment in social insurance and unemployment insurance

Vietnam‘s social insurance sector shall perform first-time assessment, additional assessment and re-assessment in compliance with regulations of law and regulations of Vietnam Social Security and competent authorities on the following contents:

1. Documents related to the collection of social insurance and unemployment insurance premiums; issuance of social insurance books; confirmation and adjustment of information on participation in social insurance and unemployment insurance of employees specified in social insurance books.

2. Documentation for claiming social insurance benefits issued by Social Insurance Agencies as prescribed by the Law on Social Insurance, Law on Occupational Safety and Hygiene: Decision on grant, adjustment, suspension, resumption, cancellation, termination of sickness benefits, maternity benefits, occupational accident benefits, occupational disease benefits, pension and death benefits.

3. Documents and records concerning on provision of sickness, maternity, occupational accident and diseases, retirement, pension and death benefits, and coverage for unemployment insurance.

4. Compliance with regulations and judicial process concerning receipt of applications and return of results of processing of and provision of sick and maternity benefits, occupational accident benefits, occupational disease benefits, pension and death benefits; coverage for unemployment insurance; procedures for collection of social insurance and unemployment insurance; collection of arrears; collection of payable social insurance premiums; issuance of and confirmation on social insurance books; exploitation and development of the social insurance insured.

5. Operational documents, papers and judicial process promulgated and implemented by Vietnam Social Security.

Article 4. Professional regulations applied in case-specific judicial assessment in social insurance and unemployment insurance

Professional regulations applied to case-specific judicial assessment in social insurance and unemployment insurance shall be regulations, rules, judicial process and procedures applicable to social insurance and unemployment insurance prescribed in:

1. Legislative documents on social insurance and unemployment insurance and other relevant legislative documents.

2. Regulations and decisions promulgated by Vietnam Social Security on provision of instructions on judicial process of:

a) collection of social insurance and unemployment insurance and management of social insurance books;

b) processing of applications for grants for sickness benefits, maternity benefits, occupational accident benefits and occupational disease benefits, pension, death benefits and provision thereof;

c) other relevant documents and regulations.

3. Regulations and decisions of Vietnam Social Security prescribed in Clause 2 of this Article shall be applied to judicial events which are judicial assessment subjects.

Article 5. Conditions of material facilities and equipment used for assessment of case-specific judicial assessment institutions and specialized units that are solicited to carry out assessment

Case-specific judicial assessment institutions and specialized units that are solicited to carry out assessment must fully satisfy the following conditions of material facilities and equipment used for assessment:

1. Have headquaters meeting operational requirements of organizations and units.

2. Have equipment used for preservation and storage of assessment subjects and documents and other equipment meeting requirements for performing case-specific judicial assessment as prescribed by laws on judicial assessment.