Quyết định 636/QD-BHXH

Decision No. 636/QD-BHXH dated April 22th, 2016, issuing the regulation on dossier and procedures for settlement of social insurance benefits

Decision 636/QD-BHXH dossier procedures settlement social insurance benefits đã được thay thế bởi Decision 166/QD-BHXH 2019 processing of applications for social insurance benefits và được áp dụng kể từ ngày 01/05/2019.

Nội dung toàn văn Decision 636/QD-BHXH dossier procedures settlement social insurance benefits


VIETNAM SOCIAL INSURANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 636/QD-BHXH

Hanoi, 22 April 2016

 

DECISION

ISSUING THE REGULATION ON DOSSIER AND PROCEDURES FOR SETTLEMENT OF SOCIAL INSURANCE BENEFITS

GENERAL DIRECTOR OF VIETNAM SOCIAL INSURANCE

Pursuant to the Law on Social Insurance No. 58/2014/QH13 dated 20/11/2014;

Pursuant to the Resolution No. 93/2015/QH13 dated 22/6/2015 of the National Assembly on implementing the policy on entitlement to one-time social insurance benefits for the employees;

Pursuant to the Decree No. 115/2015/ND-CP dated 11/11/2015 of the Government guiding some Articles of the Law on Social Insurance on compulsory social insurance;

Pursuant to the Decree No. 134/2015/ND-CP dated 29/12/2015 of the Government detailing some Articles of the Law on Social Insurance on compulsory social insurance;

Pursuant to Decree No. 01/2016 / ND-CP dated 05/01/ 2016 01 of the Government regulating the functions, tasks, powers and organizational structure of the Vietnam Social Insurance;

Pursuant to Circular No. 59/2015/TT-BLDTBXH dated 29/12/2015 of the Ministry of Labor, Invalids and Social Affairs detailing and guiding the implementation of some Articles of the Law on Social Insurance on compulsory social insurance;

Pursuant to the Circular No. 01/2016/TT-BLDTBXH dated 18/02/2016 of the Ministry of Labor, Invalids and Social Affairs detailing and guiding the implementation of some Articles of the Law on Social Insurance on compulsory social insurance;

Considering the recommendations of the Head of Department of Implementation of Social Security Policies,

DECIDES:

Article 1. Issued with this Decision is the Regulation on dossier and procedures for settlement of entitlement to social insurance for the employees and the employers participating in compulsory social insurance, the participants of compulsory social insurance and the employees’ relatives participating in compulsory social insurance and relatives of participants of compulsory social insurance specified in the Law on Social Insurance.

Article 2. This Decision takes effect from 01/06/2016 and supersedes the Decision No.  01/QD-BHXH dated 03/01/2014 of the Vietnam Social Insurance, Article 2 of the Decision No. 1018/QD-BHXH dated 10/10/2014 of the Vietnam Social Insurance, Article 1 of Decision No. 919/QD-BHXH dated 26/8/2015 of the Vietnam Social Insurance. Annul the Official Letter No. 5435/BHXH-CSXH dated 31/12/2015 on temporary guidelines on implementation of social insurance regimes from 01/01/2016 and other provisions in contradiction with the provisions in this Decision.

Article 3. The Heads of the bodies, units, organizations, the employers, the employees, the employees’ relatives, participants of compulsory social insurance and the Heads of units under the management of the Vietnam Social Insurance, Director of Social Insurance of provinces and centrally-run cities, Directors of Social Insurance of the Ministry of Defense, Directors of Social Insurance of People’s Police, Directors of Social Insurance of districts, towns and provincial cities are liable to execute this Decision./.

 

 

 

GENERAL DIRECTOR




 Nguyen Thi Minh

 

REGULATION

ON DOSSIER AND PROCEDURES FOR SETTLMENT OF SOCIAL INSURANCE BENEFITS
(Issued with Decision No. 636/QD-BHXH dated 22/4/2016 of the General Director of Vietnam Social Insurance)

Chapter I

GENERAL PROVISIONS

Article 1. Subjects of application

The employees, employers participating in compulsory social insurance and the participants of voluntary social insurance, relatives of participants of social insurance, social insurance bodies, relevant organizations and bodies and local government in preparing dossiers and settle the social insurance allowance entitlement in accordance with the provisions of the Law on Social Insurance No. 58/2014/QH13.

Article 2. Interpretation of terms

1. The shortened words:

- Provinces and centrally-run cities hereafter referred to as provinces;

- Districts, towns and provincial cities hereafter referred to as districts;

- Department receiving and returning the result of administrative procedures and Department of dossier management of provincial social insurance hereafter referred to as Department receiving and returning the result of administrative procedures;

- Operational groups or divisions, operational officers of district social insurance hereafter referred to as Groups;

- Group collecting premium of social insurance and health insurance and Group issuing books and cards and Inspection of district social insurance hereafter referred to as the Group collecting – issuing books and cards and Inspection;

- Recognition of child under 06 months: Child recognition;

- Child adoption of child under 06 month: Child child adoption;

- Social insurance: SI;

- Health insurance: HI

- Unemployment insurance: UI

- Occupational accident: OA;

- Occupational disease: OD;

- List to request the settlement of sickness, maternity, convalescence and rehabilitation benefits: List under the Form C70a-HD;

- List of settlement of sickness, maternity, convalescence and rehabilitation benefits: List under the Form C70b-HD;

- Law on Social Insurance No. 58/2014/QH13: SI Law 2014;

- Decree No. 115/2015/ND-CP dated 11/11/2015 of the Government detailing some Articles of the Law on social insurance on compulsory social insurance: Decree No. 115/2015/ND-CP;

- Joint Circular No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT of the Ministry of Labour - Invalids and Social Affairs - Ministry of Health - Ministry of Finance - Ministry of Education and Training dated 28/12/2012 providing for the disability degree determination done by the Committee of disability degree determination: Circular No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT.

2. Residence of citizen is the legitimate residence where that person regularly resides. The residence of citizen is the permanent or temporary residence in accordance with regulations of law on residence.

3. Original, copy, copy certified from the original, copy issued from orignal book, replica.

- “Original”, “copy”, “copy certified from the original”, “copy issued from the original book” specified in this document comply with the provisions in Decree No. 23/2015/ND-CP dated 16/02/2015 of the Government on issuing the copy from the original book, certification of copy from the original, certification of signature and certification of transaction contract;

- “Replica” specified in this document is the photostat copy from the “original”, “copy”, “copy certified from the original”, “copy issued from the original book”, “extract” and is certified by the provincial social insurance from the original or from the above-mentioned copies for completion of dossier and retention or introduction of survivorship dossier to the locality where the relatives are living.

- For the composition of dossier mentioned in this document, if there is no regulation on submitting the original, the original or copy can be submitted (with the original for comparison), the certified copy or the copy issued from the original book; the composition of other dossiers specified in this document set up the social insurance body are the originals.

4. If the Chapters, Sections, Articles, Clauses, Points, Items and forms referred in the document (except for the forms specified in Clause 4, Article 4 of this document) without citation sources shall be understood as of this document.

Article 3. Dossier, time limit, authority to settle the social insurance allowance entitlement and responsibility for preparation, submission, receipt of dossier and return of settlement result

1. The dossier for social insurance allowance entitlement and the time limit for settlement of social insurance allowance entitlement must comply with the provisions of the Law on social insurance 2014.

The Directors of provincial social insurance bodies shall, based on the reality of their localities, specify the time limit for settlement and payment of social insurance allowance of the relevant operational divisions but this time limit must not exceed the one specified in the Law on social insurance 2014.

2. Authority to settle the social insurance allowance entitlement

2.1. District social insurance body shall

2.1.1. Settle the benefits of sickness, maternity, convalescence and rehabilitation of employees of units employing them and the social insurance premium is collected by district social insurance body.

2.1.2. Settle the maternity benefits for the employees who take leave before the time of birth, child recognition, child adoption and submission of dossier for social insurance allowance entitlement at district social insurance body;

2.1.3. Settle the one-time social insurance allowance entitlement for the employees who submit dossiers for entitlement at district social insurance body.

2.2. Provincial social insurance body

2.2.1. Settle the benefits of sickness, maternity, convalescence and rehabilitation of employees of units employing them and the social insurance premium is collected by provincial social insurance body.

2.2.2. Settle the maternity benfits for the employees who take leave before the time of birth, child recognition, child adoption and submission of dossier for social insurance allowance entitlement at provincial social insurance body;

2.2.3. Settle the benefits of occupational accident or occupational disease; retirement, one-time social insurance, survivorship, one-time benefits for people who are receiving their monthly pension and social insurance allowance for people who settle abroad.

The Directors of provincial social insurance bodies shall, based on the actual conditions at their localities, assign the authority to settle the one-time social insurance allowance entitlement at the provincial social insurance bodies.

3. When rhe employees, their relatives, employers, social insurance bodies, organizations, individuals and local governments provide, declare or prepare dossiers, it is required to write fully, correctly, truthfully and with proper authorization and take responsibility before law.

4. The receipt of dossiers and return of result of settlement of procedures for social insurance allowance entitlement, procedures for transfer and retention of social insurance allowance settlement dossiers must comply with the current regulations on receipt of dossiers and return of result of settlement of administrative procedures concerning the social insurance, health insurance, unemployment insurance and retention of social insurance dossiers.

The employees reserving the time of social insurance premium payment, participants of voluntary social insurance, persons waiting for age of monthly pension or benefit, persons requesting the benefits to occupational accident or occupational disease due to recurrent injury or disease and the relatives of the above employees can submit dossier directly or indirectly to the social insurance bodies. When receiving the result of settlement, they must come to receive it directly, if not, they must have the written authorization under the Form No. 13-HSB or authorization contract in accordance with regulation of law for their legal representatives to receive the result.

The Directors of provincial social insurance bodies shall, based on the reality at their localities, organize the receipt, settlement of social insurance allowance entitlement, dossier transfer, retention and proper payment of social insurance allowance to ensure the persons entitled to the social insurance allowance must fully receive their benefits conveniently and in a timely manner specified in the Law on social insurance 2014.

Article 4. Form of dossier for social insurance allowance entitlement

1. The forms of dossier for social insurance allowance entitlement and the forms attached to this document from No.01A-HSB to No 25D-HSB are issued by Vietnam Social Insurance and uniformly managed.

2. The provincial social insurance body, social insurance body of Ministry of Defense, People’s Police, district social insurance body, employers, employees and employees’ relatives, individuals, organizations and local government should follow such forms for implementation.

3. The form of application, declaration or document shall be issued the social insurance bodies free of charge or printed, photocopied, typed or handwritten with the contents in prescribed forms by the employees and employers.

4. The form of hospital discharge, certificate of leave entitled to to social insurance and other papers issued the medical facilities specified in this documents must comply with the current regulations until the Ministry of Health issues new regulations.

Article 5. Regulation on dossier number for social insurance benefits and social insurance book

1. The dossier number for one-time pension and social insurance benefits, occupational accident, occupational disease, survivorship benefits is the social insurance book number or monthly pension or social insurance allowance book number (if not subject to being issued with social insurance book according to regulations).

2. The social insurance book (including the cover page and separate pages) shall be retained at the social insurance bodies according to regulations after the settlement of one-time retirement, survivorship or social insurance allowance entitlement.

Article 6. Responsibility for preparation and photocopy of dossier for social insurance allowance entitlement

1. The Social insurance policy implementation Group and the Department of social insurance benefits shall prepare a sufficient number of originals as stipulated in this document for the composition of dossier under the responsibility for preparation of the Group or Department.

2. After receiving the dossiers which have been settled for social insurance allowance entitlement, the Department receiving and returning the result of administrative procedures shall make photocopy with sufficient number as stipulated in this document for the composition of dossier for settlement of social insurance allowance settlement provided by the employers, employees and employees’ relatives for dossier completion for retention or survivorship dossier completion for introduction to the locality where the relatives are living; the leader of provincial social insurance bodies shall certify the dossier replica according to regulations.

Where the composition of dossier submitted by organizations or individuals is the copies (without certification), the officer receiving dossier must compare the copies with the originals and certify “ compared with the original” on the first page of the copy, sign, specify full name, date of certification and return the originals to the persons submitting dossiers.

Article 7. Responsility for refund and compensation in settlement of social insurance allowance entitlement

1. The Directors of provincial social insurance bodies specify the responsibility for refund in case of failure to recover the setlement amount or improper payment.

In case of wrong settlement of social insurance allowance under the authoritty of the social insurance body resulted in payment to improper person or higher payment than the prescribed level, the amount of wrong payment must be fully recovered; in case of failure to recover it, the public servant or officer concerned of the social insurance body causing mistakes in the procedures for collection, issue of social insurance books, receipt, settlement and payment of social insurance allowance must refund the irrevocable amount according to regulations of the law.

2. The Directors of provincial social insurance bodies specify the compensation responsibility due to delayed settlement of social insurance allowance entitlement.

In case of delayed settlement of social insurance allowance entitlement compared with the prescribed time limit under the responsibility of social insurance body causing damages to beneficiary’s legal rights and interests, the relevant public servant or officer shall make compensation to the beneficiary according to the regulations of law.

3. The relevant bodies, organizations and individuals that commit the violation in settlement of social insurance allowance entitlement shall be handled in accordance with regulations of law.

Chapter II

DOSSIER AND PROCEDURES FOR SETTLEMENT OF SICKNESS AND MATERNITY BENEFITS AND CONVALESCENCE AND REHABILITATION BENEFIT

SECTION 1. DOSSIER FOR SICKNESS AND MATERNITY BENEFITS AND CONVALESCENCE AND REHABILITATION BENEFIT

Article 8. Dossier for sickness benefits

1. Certificate of discharge of the employees or their children are hospitalized for treatment. Where the employees or their children are hospitalized for treatment, they must have certificate of leave entitled to to social insurance allowance (the original); where both mother and mother take leave for caring their children, the certificate of leave of either of them is the copy.

2. Where the employees or their children go abroad for their healthcare, the dossier specified in Clause 1 of this Article is replaced by the certified Vietnamese translation of certificate of health checkup issued by the medical facility of the foreign country.

3. The list under Form C70a-HD is made by the employers (the original).

Article 9. Dossier for maternity benefits

1. The dossier for maternity benefits for female employees (including female employees as surrogate mothers) who go for prenatal checkup, are miscarried, aborted, undergo stillbirth or pathological induced abortion and the employees apply contraceptive method is the certificate of discharge in case of inpatient or certificate of leave entitled to to social insurance (original) in case of outpatient.

2. The dossier for maternity benefits for female employees who are paying social insurance premium and give birth or for the husbands or nurturers in case the mother or the baby died after birth or the mother have risks after birth and is too weak to care the baby comprises of:

2.1. Certificate of birth or extract of birth or notice of birth of baby except where the baby is dead without issue of notice of birth;

2.2. In addition to documents specified under Point 2.1 mentioned above, the following additional documents are required:

2.2.1. In case of baby’s death: The certificate of death or extract of birth of the baby or copy of medical records or certificate of discharge of the mother in case of baby’s death after birth without issue of notice of birth;

2.2.2. In case of mother’s death: The certificate of death or extract of death of the mother;

2.2.3. Certificate of competent medical facility where the female employee takes leave for pregnancy care (the form and authority to issue is as per the regulations of the Ministry of Health);

2.2.4. Certificate of competent medical facility where the mother after birth is not healthy for caring the baby (the form and authority to issue is as per the regulations of the Ministry of Health).

3. Dossier for maternity benefits for employees adopting a child: Certificate of child adoption.

4. Dossier for maternity benefits where the male employee whose wife gives birth or husband of female employee as surrogate mother as stipulated in Clause 2, Article 34 of the Law on social insurance, comprises of:

4.1. Documents specified under Point 2.1, Item 2.2.1, Point 2.2, Clause 2 of this Article;

4.2. Certificate of medical facility in case of giving birth to a child under 32 weeks or undergoing cesarean section (the form and authority to issue is as per the regulations of the Ministry of Health).

5. Dossier for maternity benefits for female employee as surrogate mother upon giving birth comprises of:

5.1. Certificate of birth of extract of birth or notice of birth of the child except where the baby is dead without issue of notice of birth.

5.2. Surrogacy agreement for humanitarian purposes in accordance with the provisions in Article 96 of the Law on marriage and family 2014; a document certifying the time of delivering the child from the gestational carrier party and the gestational surrogacy requesting party.

5.3. In addition to the documents specified under Point 5.1 and 5.2, the following additional documents are required:

5.3.1. In case of baby’s death: Certificate of death or extract of death of the baby or the copy of medical record or certificate of discharge of female employee as surrogate mother in case of baby’s death after birth without issue of notice of birth;

5.3.2. In case of death of female employee as surrogate mother: Certificate of death or extract of death.

5.3.3. Certificate of competent medical facility where the female employee as surrogate mother must take leave for pregnancy care as ordered by the competent medical facility (the form and authority to issue is as per the regulations of the Ministry of Health).

6. Dossier for maternity benefits for mother requesting gestational surrogacy comprises of:

6.1. Certificate of birth of extract of birth or notice of birth of the child except where the baby is dead without issue of notice of birth.

6.2. Surrogacy agreement for humanitarian purposes in accordance with the provisions in Article 96 of the Law on marriage and family 2014; a document certifying the time of delivering the child from the gestational carrier party and the gestational surrogacy requesting party.

6.3. In addition to the documents specified under Point 6.1 and 6.2, the following additional documents are required:

6.3.1. In case of death of baby under 06 months: Certificate of death or extract of death;

6.3.2. In case of death of the mother requesting gestational surrogacy: Certificate of death or extract of death;

6.3.3. Certificate of competent medical facility about the unhealthy condition of the mother requesting gestational surrogacy for caring the baby (the form and authority to issue is as per the regulations of the Ministry of Health).

7. Dossier one-time benefit when the wife gives birth for male employee (where only the father participates in social insurance) is specified under Point 2.1, Item 2.2.1, Point 2.2, Clause 2 of this Article.

8. The list under Form C70a-HD is made by the employers (the original).

9. Dossier for maternity benefits for the employee who resigns, demobilizes before the time of birth, child recognition, child adoption comprises of: Social insurance book and documents specified in Clause 2 or 3 or 5 or 6 of this Article.

Article 10. Dossier for convalescence and rehabilitation benefits

The list under Form C70a-HD is made by the employers (the original).

SECTION 2. PROCEDURES FOR SETTLEMENT OF SICKNESS AND MATERNITY BENEFITS AND CONVALESCENCE AND REHABILITATION BENEFIT

Article 11. Responsibility of employees

1. In case of sickness benefits: The employees shall submit documents specified in Clause 1 and 2, Article 8 to their employers where their social insurance premium is paid.

2. In case of maternity benefits:

2.1. In general cases: The employees shall submit the documents specified in Clause 1; Point 2.1 and Item 2.2.3, Point 2.2 of Clause 2; Clause 3 and 4 of Article 9 to their employers where their social insurance premium is paid.

2.2. In case of baby’s death after birth: In addition to the documents specified under Point 2.1 of this Clause, the additional documents specified under Item 2.2.1, Point 2.2, Clause 2; Item 5.3.1, Point 5.3 of Clause 5; Item 6.3.1, Point 6.3, Clause 6 of Article 9 to their employers where their social insurance premium is paid.

2.3. Where the mother died or is at risk after birth or child adoption and is not longer healthy to care her child.

2.3.1. Where only the mother participates in social insurance and is eligible for benefits: The father or the direct nurturer submits the documents specified under Points 2.1; Items 2.2.2, 2.2.3 and 2.2.4 Point 2.2, Clause 2 of Article 9 or the documents specified under Point 6.1, 6.2 and Item 6.3.2, Point 6.3.2, Point 6.3, Clause 6, Article 9 to the employer where the mother’s social insurance premium is paid.

2.3.2. Where both mother and father participate in social insurance and are eligible for benefits, then the father shall:

- Submit the documents specified under Item 2.3.1, Point 2.3 of this Clause to the employer where the mother’s social insurance premium is paid in case the mother participates in social insurance and is eligible for benefits (for one-time benefit settlement upon birth and the benefit for the time the mother is entitled when is alive or the benefit settlement for the father if he participates in social insurance but does not resigns).

- Submit the documents specified under Item 2.3.1, Point 2.3 of this Clause to the employer where the father’s social insurance premium is paid for benefits for the time of entitlement of the father after the mother’s death.

2.3.3. Where only the father participates in social insurance, he shall submit the documents specified under Item 2.3.1, Point 2.3 of this Clause (except for Item 2.2.3, Point 2.2, Clause 2 of Article 9) to the employer where the father’s social insurance premium is paid.

2.4. The female employee as surrogate mother shall submit the documents specified under Point 5.1 and 5.2 and Item 5.3.3, Point 5.3, Clause 5 of Article 9 to the employer where her social insurance premium is paid.

2.5. Male employee whose wife gives birth or husband of female employee as surrogate mother takes leave for maternity benefits when his wife gives birth specified in Clause 4, Article 3 of Decree No. 115/2015/ND-CP shall submit the documents specified in Clause 4, Article 9 to the employer where his social insurance premium is paid.

2.6. Female employee as surrogate mother or her relative shall submit the documents specified under Point 6.1 and 6.2 and Item 6.3.2, Point 6.3, Clause 6, Article 9 to the employer where her social insurance premium is paid.

2.7. The employees taking leave before birth, child recognition, child adoption shall submit the documents specified in Clause 9, Article 9 to the provincial or district social insurance body where they reside and register the form of receiving the benefit by one of the forms via the deposit account at the bank or directly from the social insurance body or the services organization authorized by the social insurance body.

3. Number of dossier: 01

4. Time limit for submission: Within 45 days after the employees go back to work.

5. The employees who are paying social insurance premium must register with their employers about receiving the benefit by one of the forms via the deposit account at the bank or directly from the social insurance body or the services organization authorized by the social insurance body.

Article 12. Responsibility of the employers

1. Instruct the employees or their relatives to prepare their dossiers and receive them specified in Clause 1 and 2 of Article 11.

2. Verify and complete dossiers of each employee in accordance with the provisions in Clause 1 and 2, Article 8; Clauses 1, 2, 3, 4, 5, 6 and 7 of Article 9.

3. Coordinate with the grassroot Union executive committee, based on the dossiers for entitlement to benefits of sickness, maternity, occupational accident or occupational disease and regulations of policies, to decide on a number of employees and days of convalescence and rehabilitation after sickness, maternity, occupational accident or occupational disease according to regulations; where the employment units have not established the grassroot Union, the employers shall make their decision.

4. Within 10 days after fully receiving the employee dossiers, the employer shall make a List under the Form C70a-HD specified in Clause 3, Article 8, Clause 8, Article 9 and 10 and submit 01 copy to the social insurance body where the unit is paying the social insurance premium with the dossier for maternity and sickness benefits of each employee and the electronic copy (formatted by the Vietnam Social Insurance) of the List under the Form C70a-HD mentioned above.

5. Where the employee receives the benefit through the employer, the employer shall make payment to the employee within 03 days after receiving the money and the List under the Form C70a-HD sent to by the social insurance body.

6. The List under the Form C70a-HD and the List under the Form C70b-HD are retained according to the regulation.

Article 13. Responsibility of social insurance body

1. Responsibility of district social insurance body

1.1. Dossier receiving and managing Group

1.1.1. Instructs the employers, employees and employees’ relatives to prepare dossiers for settlement of sickness, maternity, convalescence and rehabilitation benefits as specified in Section, Chapter II of this document;

1.1.2. Receives the dossiers for settlement of sickness, maternity, convalescence and rehabilitation benefits from employees and employees’ relatives or the employers; transfers the dossiers to the social insurance policy implementation Group; the time limit for implementation is within 01 day.

1.1.3. Receives the List under the Form C70a-HD and the List under the Form C70b-HD and all dossiers requesting the settlement of benefits from the social insurance policy implementation Group; dossiers of employees who take leave before birth, child recognition, child adoption; List under the Form 01B-HSB and copy of social insurance book from the employees who take leave before birth, child recognition, child adoption;

1.1.4. Returns 01 List under the Form C70b-HD to the employers with the unapproved dossiers; returns the social insurance books to the from the employees who take leave before birth, child recognition, child adoption;

1.1.5. Retains the List under the Form C70a-HD and the List under the Form C70b-HD and all dossiers approved for benefits; the List under the Form 01B-HSB, dossiers for maternity benefits from the employees who take leave before birth, child recognition, child adoption (including the copy of social insurance book); manages, retains and uses the dossiers according to regulations.

1.1.6. While receiving dossiers, if detecting falsifying dossiers or fraudulent dossiers, reports to the Director for timely handling.

1.2. Social insurance policy implementation Group

Receives dossiers from the dossier receiving and managing Group

1.2.1. Verifies dossiers for settlement of sickness, maternity, convalescence and rehabilitation benefits of each employee based on the list sent to by the employers; reviews and makes 03 Lists under the Form C70b-HD and:

- Transfers 01 List under the Form C70b-HD to the Accounting – Payment and Health Insurance Inspection Group for payment to the employees;

- Immediately transfer an electronic copy of List under the Form C70b-HD to the employment unit;

- Transfers 01 List under the Form C70b-HD and the unapproved dossiers to the dossier receiving and managing Group for return to the employment units; 01 List under the Form C70a-HD and 01 List under the Form C70b-HD and all approved dossiers for retention according to regulation;

- Time limit for settlement is within 05 days.

1.2.2. Verifies dossier for settlement of maternity benefits of the employees who take leave before the time of birth, child recognition or child adoption as specified in Clause 9 of Article 9 and certifies the entitlement contents in the social insurance book; reviews and makes 02 lists of settlement of maternity benefits for the employees who take leave before the time of birth, child recognition or child adoption under the Form 01B-HSB; transfers 01 copy to the Accounting – Payment and Health Insurance Inspection Group and the employees’ dossiers for entitlement to sickness and maternity benefits

1.2.3. Performs post-check of dossier preparation, settlement of sickness, maternity, convalescence and rehabilitation benefits of employees and employers.

1.2.4. Reporting regulation: Before the 3rd date of each month, makes 02 summary reports of settlement of sickness, maternity, convalescence and rehabilitation benefits of the previous month under the Form No. 01A-HSB and Form No. 01B-HSB to retain 01 copy and sends 01 copy to the provincial social insurance body with all database of the persons whose dossiers were settled in the previous month.

1.2.5. While settling the dossiers, if detecting falsifying dossiers or fraudulent dossiers, reports to the Director for timely handling.

1.3. Accounting – Payment and Health Insurance Inspection Group

1.3.1. Receives the List under the Form No. 70b-HD, pays the benefit of sickness, maternity, convalescence and rehabilitation to the employees fully, conveniently and on prescribed schedule of within 04 days after receiving the List No. 70b-HD; creates the most favorable conditions for the employeers to actively perform the responsibility for paying benefit to the employees fully, conveniently and on schedule stipulated in Clause 5, Article 12 of this document.

Receives the List under the Form No.01B-HSB and pays the benefit to the employees within 02 days after receiving the List under the Form No.01B-HSB.

1.3.2. Retaines the List according to regulation.

1.4. Book and card collection – issue and inspection Group shall coordinate with the social insurance policy implementation Group and the Accounting – Payment and Health Insurance Inspection Group to perform post-check, review and comparison of database of social insurance premium payment, database of issue and management of certificate of discharge, certificate of leave entitled to to social insurance allowance and other papers at the medical facilities and the preparation of dossier and settlement of sickness, maternity, convalescence and rehabilitation benefits, payment and receipt of benefit of the beneficiaries.

2. Responsibility of provincial social insurance body

2.1. The Department receiving and returning the result of administrative procedures shall instruct the employers, the employees and the employees’ relatives to prepare dossiers as stipulated in Section 1, Chapter II of this document.

2.2. Receives dossiers, settles and retains the dossiers with completion of settlement of sickness, maternity, convalescence and rehabilitation benefits for the employees, particularly as follows:

The Department receiving and returning the result of administrative procedures performs duties as stipulated under Point 1.1, Clause 1 of this Article; the Department of social insurance benefits performs duties as stipulated under Point 1.2, Clause 1 of this Article; the Department of Planning – Finance performs duties as stipulated under Point 1.3, Clause 1 of this Article;

2.3. The Department of social insurance benefits shall verify and review the settlement of sickness, maternity, convalescence and rehabilitation benefits of district social insurance body and the dossier preparation and settlement of sickness, maternity, convalescence and rehabilitation benefits of the employees and employers under the management of provincial social insurance body; the Inspection Department shall coordinate with the Department of social insurance benefits, Department of Collection, Department of Planning – Finance and Department of social insurance inspection to perform the post check, review and comparison of database of social insurance premium payment, database of issue and management of certificate of discharge, certificate of leave entitled to to social insurance allowance and other papers at the medical facilities and the preparation of dossier and settlement of sickness, maternity, convalescence and rehabilitation benefits, payment and receipt of benefit of the beneficiaries.

2.4. Reporting regulation: Before the 5th date of each month, the Department of social insurance benefits receives the database of settlement of sickness, maternity, convalescence and rehabilitation benefit from the district social insurance body and updates in the database of the previous month of the provincial social insurance body, summarizes and transfers it to the Department of Information Technology for transferring to the Information technology Center – Vietnam Social Insurance; the Department of social insurance benefits receives the report under the Form No. 01A-HSB and 01B-HSB from the district social insurance body and the Department to prepare the general report on settlement of sickness, maternity, convalescence and rehabilitation benefits in the previous month under the Form No. 02-HSB with the electronic copy sent to the social insurance policy Implementation Committee.

3. Responsibility of units under the management of Vietnam Social Insurance

3.1. Information Technology Center

3.1.1. Receives database of settlement of sickness, maternity, convalescence and rehabilitation benefits sent by the provincial social insurance body to integrate it into the general data of the whole sector.

3.1.2. Develops software programs to review the sickness, maternity, convalescence and rehabilitation benefits to be sent to the localities for implementation; develops softwares for the social insurance bodies of localities to summarize and issue the operational reports specified in this Chapter before the 5th of each month. Before the 5th date, summarizes and issues the reported indicators of the whole sector under the Forms 02-HSB, 22A-HSB, 22B-HSB for management.

3.2. The operational units under the management of Vietnam Social Insurance: the social insurance policy Implementation Committee shall coordinate with the operational units to direct, instruct and inspect the provincial social insurance body, social insurance body of Ministry of Defense, social insurance body of People’s Police, district social insurance and employment units concerning the settlement of sickness, maternity, convalescence and rehabilitation benefits.

Chapter III

DOSSIER AND PROCEDURES FOR SETTLEMENT OF OCCUPATIONAL ACCIDENT, OCCUPATIONAL DISEASE, RETIREMENT AND SURVIVORSHIP

SECTION 1. DOSSIER FOR OCCUPATIONAL ACCIDENT, OCCUPATIONAL DISEASE, RETIREMENT AND SURVIVORSHIP ALLOWANCE ENTITLEMENT

Article 14. Dossier for occupational accident benefits

1. Social insurance book.

2. Written request for settlement of occupational accident benefits made by the employer under the Form No. 05-HSB (the original).

3. Investigation record of occupational accident

4. Certificate of discharge after stable treatment of injury of occupational accident in case of inpatient treatment or papers of initial examination and treatment in case of outpatient treatment.

5. Examination record of reduced work capacity of the medical examination Council (the original).

6. In case of traffic accident which is determined as occupational accident, the additional papers are required:

6.1. Record of scene examination and traffic accident scene diagram.

6.2. Record of traffic accident of police body or army criminal investigation body.

Article 15. Dossier for occupational disease benefits

1. Social insurance book.

2. Written request for settlement of occupational accident benefits made by the employer under the Form No. 05-HSB (the original).

3. Record of environmental measurement with hazardous factors or the result of measurement and testing of working environment within the prescribed time limit made by the competent authority; where the record or result of measurement and testing is determined for many persons, the dossier of each employee with the extract from the record or result of measurement and testing. For the employee who is infected with HIV due to occupational accident and is entitled to the occupational disease benefits, there must be the record of occupational accident under the Form specified in Decision No. 120/2008/QD-TTg dated 29/8/2008 by the Prime Minister.

4. Certificate of discharge in case of inpatient treatment after stable treatment of occupational disease. In case of no inpatient treatment, there must be the occupational disease examination certificate or occupational disease consultation certificate. For the HIV infected employee due to occupational accident and is entitled to the occupational disease benefits, there must be certificate of HIV infection due to occupational accident under the Form specified in Decision No. 120/2008/QD-TTg dated 29/8/2008 by the Prime Minister.

5. Examination record of reduced work capacity of the medical examination Council (the original).

Article 16. Dossier for recurrent occupational disease or occupational accident benefits

1. Dossier of occupational accident or recurrent occupational disease benefits which were paid under the management of social insurance body.

2. Certificate of discharge after stable treatment of recurrent injury or disease in case of inpatient treatment. In case of no inpatient treatment, there must be the papers of examinationa and treatment of injury and recurrent disease.

3. Examination record of reduced work capacity due to recurrent injury or disease of the medical examination Council (the original).

Article 17. Dossier for occupational accident or occupational disease benefits of the employee with general examination of reduced work capacity

1. Dossier of occupational accident or occupational disease benefits which were paid under the management of social insurance body.

2. Dossier of occupational accident or occupational disease of the time of occupational accident or occupational disease without examination as stipulated in Clauses 1, 2, 3, 4, 6 of Article 14 or Clauses 1, 2, 3, 4 of Article 15.

3. Examination record of reduced work capacity of the medical examination Council (the original).

Article 18. Dossier for money allocation to buy assistive tools for daily activity and orthopedic devices

1. Dossier for occupational accident or recurrent occupational disease benefits under the management of social insurance body.

2. Prescription of the rehabilitation and orthopedics facility under the sector fo Labor – Invalids and Social Affairs or provincial-level hospital or equivalent level or higher in line with the condition of injury or disease due to occupational accident or occupational disease. In case of prescription of artificial eye fitting, there must be certificate of artificial eye fitting (the original).

3. Transport ticket (the original) in case of payment of fare.

Article 19. Dossier for monthly pension and benefits of communal officials

1. For persons who are paying the compulsory social insurance

1.1. Social insurance book;

1.2. Decision on resignation entitled to the retirement benefits (the original) under the Form attached to Decree No. 46/2010/ND-CP dated 27/4/2010 of the Government or Decision on resignation entitled to the retirement benefits under the Form 12-HSB (the original);

1.3. Examination record of reduced work capacity of the medical examination Council (the original) or Certificate of severe disability (equivalent to the reduced work capacity from 61%-81% or more) or or Certificate of particularly severe disability (equivalent to the reduced work capacity from 81% or more) as stipulated in Circular No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT for the retired persons due to reduced work capacity.

1.4. Certificate of HIV infection due to occupational accident of the competent body for the persons retired due to HIV infection due to occupational accident.

2. For the participants of voluntary social insurance, the persons reserving the time of participating in social insurance (including the persons who are serving prison term, persons who illegally go abroad and return to legally settle down and the persons whose missing declaration is cancelled by the Court).

2.1. Social insurance book;

2.2. Application under the Form No. 14-HSB (the original);

2.3. Examination record of reduced work capacity of the medical examination Council (the original) or Certificate of severe disability (equivalent to the reduced work capacity from 61%-81% or more) or Certificate of particularly severe disability (equivalent to the reduced work capacity from 81% or more) as stipulated in Circular No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT for the retired persons due to reduced work capacity.

2.4. Written authorization under the Form No. 13-HSB (the original) for the persons who are serving the prison term and the time to begin serving the prison term from 01.01.2016 onwards; certificate of completion of prison term or certificate of special reprieve ahead of time or decision on remission of sentence or temporary reprieve for the person who started their sentence during the time from 01/01/1995 to 31/12/2015;

2.5. Document from the competent state authorities on the return to the country to legally settle down in case of going abroad illegally.

2.6. Decision with legal effec of the Court on cancellation of declared missing for the return of missing person.

3. For the persons having the decision or certificate are waiting for age condition to receive the pension or waiting for the monthly benefit according to Decree No. 09/1998/ND-CP

3.1. Social Insurance book;

3.2. Decision or certificate for age condition to receive the pension or waiting for the monthly benefit according to Decree No. 09/1998/ND-CP (the original);

3.3. Examination record of reduced work capacity of the medical examination Council (the original) or Certificate of severe disability (equivalent to the reduced work capacity from 61%-81% or more) or Certificate of particularly severe disability (equivalent to the reduced work capacity from 81% or more) as stipulated in Circular No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT for the retired persons due to reduced work capacity.

3.4. Written authorization under the Form No. 13-HSB (the original) for the persons who are serving the prison term and the time to begin serving the prison term from 01.01.2016 onwards; certificate of completion of prison term or certificate of special reprieve ahead of time or decision on remission of sentence or temporary reprieve for the person who started their sentence during the time from 01/01/1995 to 31/12/2015;

Article 20. Dossier for one-time social insurance allowance entitlement

1. Social insurance book.

2. Application under the Form No. 14-HSB (the original).

3. For persons who shall settle abroad, they should have the following papers:

3.1. Certificate from competent body relating to the renunciation of Vietnamese nationality;

3.2. The certified or notarized Vietnamese translation of one of the following papers:

3.2.1. Passport issued by foreign country;

3.2.2. Visa issued by the foreign body with certification of entry on the grounds of settlement abroad.

3.2.3. Papers certifying the procedures for naturalization; certification papers or permanent resident card or with definite time from 05 years or more issued by the foreign competent body.

4. Extract of medical record which show that the employee is suffering from one of the life-threatening diseases such as cancer, paralysis, liver cirrhosis, leprosy, tuberculosis, HIV infection progressed to AIDS and other diseases as prescribed by the Ministry of Health.

Article 21. Dossier for one-time benefits for persons who are receiving the monthly pension or social insurance allowance and settle abroad

1. Application under the Form No. 14-HSB (the original).

2. Documents specified in Clause 3 of Article 20.

3. Dossiers for monthly pension or social insurance allowance are managed by the social insurance body.

Article 22. Dossier for survivorship allowance entitlement

1. Social insurance book of the person who is paying the social insurance premium, the person reserving the time of payment of social insurance premium and the person who is waiting for the age condition to receive the monthly pension or social insurance allowance but died or dossiers for monthly pension or social insurance allowance are managed by the social insurance body for the persons who are receiving the monthly pension or social insurance allowance but died.

2. Certificate of death or notice of death or extract of death or decision declaring dead by the Court with legal effect.

3. Declaration of relative under the Form No. 09A-HSB (the original).

4. Minutes of meeting of the relatives in case of eligibility for monthly survivorship allowance but they choose to receive the one-time survivorship allowance under the Form No. 16-HSB (the original); where there is one relative or many relatives eligible for monthly survivorship allowance but there is only one legal representative and choose to receive the one-time survivorship allowance, the relative who chooses to receive the one-time survivorship allowance or the legal representative of relative shall take responsibility for this choice without need of this minutes.

5. Investigation record of occupational accident in case of death due to occupational accident (where the traffic accident is determined as the occupational accident, there must be the papers specified in Clause 6 of Article 14); or medical records of treatment of occupational disease in case od death due to occupational disease.

6. Examination record of reduced work capacity of the medical examination Council for the relative undergoing the reduced work capacity from 81% or more (the original) or Certificate of particularly severe disability (equivalent to the reduced work capacity from 81% or more) as stipulated in Circular No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDDT in case of receiving the monthly survivorship allowance.

Article 23. Dossier for continued entitlement to monthly pension or social insurance allowance for persons who have completed their prison sentence, persons who illegally go abroad and return to legally settle down and the persons whose missing declaration is cancelled by the Court

1. Application under the Form No. 14-HSB (the original).

2. Certificate of completion of prison term or certificate of special reprieve ahead of time or decision of competent authorities on remission of sentence or temporary reprieve for the person who started their sentence during the time from 01/01/1995 to 31/12/2015;

3. Document from the competent state authorities on the return to the country to legally settle down in case of going abroad illegally.

4. Decision with legal effec of the Court on cancellation of declared missing for the return of missing person.

5. The dossiers for monthly pension or social insurance allowance entitlement are managed by the social insurance body.

Article 24. Dossier for relocation of monthly pension or social insurance allowance entitlement; relocation of dossier management pending the monthly pension or social insurance allowance entitlement for communal officials from one province to another province

1. Dossier for relocation of monthly pension or social insurance allowance entitlement.

1.1. Application under the Form No. 14-HSB (the original); the persons who are receiving the monthly pension or social insurance allowance with regional allowance but relocate to a new place of payment with regional allowance must have the permanent residence at the new residence. In case of no consistence about the last name, first name, middle name, date of birth between ID card/Passport and the dossier for social insurance allowance entitlement, it is necessary to specify this in the application enclosed with the ID card/Passport.

1.2. The dossiers of being entitled to the monthly pension or social insurance allowance are managed by the social insurance body and the Slip modifying the monthly pension or social insurance allowance for each type of benefit is under the Forms No. 24A-HSB, 24B-HSB, 24C-HSB, 24D-HSB, 24E-HSB, 24G-HSB, 24H-HSB, 24K-HSB, 24M-HSB, 24N-HSB.

1.3. Letter of introduction for payment of pension or social insurance allowance is under the Form No. C77-HD attached to the list of documents under the Form No. 17-HSB.

2. Dossier for relocation of dossier management place pending the monthly pension or benefits for communal officials.

2.1. Application under the Form No. 14-HSB (the original). In case of no consistence about the last name, first name, middle name, date of birth between ID card/Passport and the dossier for social insurance allowance entitlement, it is necessary to specify this in the application enclosed with the ID card/Passport.

2.2. Dossiers pending the monthly pension or benefits for communal officials are managed by the social insurance body.

2.3. Letter of introduction under the Form No. 15B-HSB.

Article 25. Dossier for modification of personal information for persons who are receiving the monthly pension or benefit; modification, decision cancellation and termination of social insurance allowance entitlement

1. Dossier for modification of personal information for persons who are receiving the monthly pension or benefit

1.1. Application under the Form No. 14-HSB (the original);

1.2. Certificate of birth or extract of birth or extract of change, correction or addition of civil status or ethnicity re-definition;

1.3. Dossiers for monthly pension or social insurance allowance are managed by the social insurance body.

2. Dossier for modification or cancellation of decision on social insurance allowance entitlement or decision on termination of social insurance allowance entitlement.

2.1. Application under the Form No. 14-HSB (the original) where the employee requests the modification;

2.2. Dossiers, papers and documents are used as the grounds for modification or cancellation of entitlement decision or termination of social insurance allowance entitlement.

2.3. Dossiers for social insurance allowance entitlement are managed by the social insurance body.

SECTION 2. PROCEDURES FOR SETTLEMENT OF OCCUPATIONAL ACCIDENT, OCCUPATIONAL DISEASE, PENSION, SURVIVORSHIP ALLOWANCE

Article 26. Responsibility of the employees and their relatives

1. For the persons entitled to occupational accident or occupational disease benefits:

1.1. The employee who undergoes the initial occupational accident or occupational disease with general examination submits the documents specified in Clause 1, 4 and 6, Article 14 for occupational accident benefits or documents specified in Clause 1 and 4 of Article 15 for occupational disease benefits; in case of initial occupational accident or occupational disease suffering or upon general examination with the result of examination from the medical examination Council, there must be the examination record of reduced work capacity; if subject to the person who is provided with money to buy the assistive tools for daily activity and orthopedic devices, there must be additional documents specified in Clause 2 and 3 of Article 18.

1.2. The employee is injured or sick due to recurrent occupational disease or occupational accident: submits the documents specified in Clause 2 and 3 of Article 16 to the district or provincial social insurance body where the benefit is paid; if subject to the person who is provided with money to buy the assistive tools for daily activity and orthopedic devices, there must be additional documents specified in Clause 2 and 3 of Article 18.

2. For the persons entitled to the monthly retirement benefits or benefit for communal officials

2.1. Persons who are paying the compulsory social insurance premium

2.1.1. Provide the employers with information about address of the place paying pension: House number, alley, street, group (hamlet, village), commune (ward, townlet), district (town, city, district), province or city; initial place of health examination and treatment; information about personal account in case of receiving pension via card account: Name of account holder, account number, name of bank opening the account and name of bank branch;

2.1.2. Submit the documents specified under Point 1.1, Clause 1, Article 19, Point 1.3, Clause 1, Article 19 in case the employee receives pension due to reduced work capacity with the result of examination returned by the medical examination Council to the employee or under Point 1.4, Clause 1, Article 19 in case of retirement due to HIV/AIDS infection from the occupational accident to the employer.

2.2. The participants of voluntary social insurance, the persons reserving the time of payment of compulsory social insurance premium, the persons waiting for age condition to receive the pension or waiting for monthly benefit according to Decree No. 09/1998/ND-CP shall submit their dossiers as stipulated in Clause 2 and 3, Article 19 to the district or provincial social insurance body at their residence for monthly pension or benefits and submit their dossiers as stipulated in Article 20 to district or provincial social insurance body of their residence (where the provincial social insurance body is decentralized to settle the one-time social insurance allowance) for one-time social insurance allowance entitlement.

2.3. For the persons beginning serving their prison term from 01/01/2016 onwards, when they meet the conditions for monthly pension and social insurance allowance, their authorized persons shall submit dossiers as stipulated in Clause 2 and 3 of Article 19 to the district or provincial social insurance body at their residence before serving their prison term.

2.4. The persons who are receiving their monthly pension or social insurance allowance and shall go abroad to settle down and wish to receive the one-time benefit shall submit dossier as stipulated in Clause 1 and 2 of Article 21 to the district or provincial social insurance body which is paying the monthly pension or social insurance allowance.

3. For the persons who continue receiving their monthly pension or social insurance allowance after having completed their prison term in case of beginning serving their prison term during the period of time from 01/01/1995 to the end 31/12/2015 or illegally go abroad and return to legally settle down and the persons whose missing declaration is cancelled by the Court shall submit their dossiers as stipulated in Clause 1, 2, 3 and 4, Article 23 to the district or provincial social insurance body which is paying the monthly pension or social insurance allowance before being imprisoned, illegally going abroad or missing.

4. For relatives entitled to survivorship allowance

4.1. Where the employee is paying the compulsory social insurance premium but died: his relatives shall submit the social insurance book as stipulated in Clause 2, 3 and 6 of Article 22, the medical records for initial treatment of occupational disease as stipulated in Clause 5 of Article 22 ( in case of death due to occupational disease) to the employer of the unit where the employee works before death; where the relative is eligible for the monthly survivorship allowance entitlement but chooses to receive the one-time survivorship allowance, he/she shall submit additional documents as stipulated in Clause 4 of Article 22.

4.2. Where the employee died while reserving the time of payment of compulsory social insurance premium or is waiting for age condition to receive the monthly retirement benefits or benefit for communal officials or participate in the voluntary social insurance: his relative shall submit dossier, including: social insurance book (except for case where the person is waiting for age condition to receive the monthly pension or benefit) and dossier specified in Clause 2, 3 and 6 of Article 22 to the district or provincial social insurance body where the person makes the residence Declaration; where his relative is eligible for receiving the monthly survivorship allowance but chooses to receive the one-time survivorship allowance, he shall submit additional documents specified in Clause 4 of Article 22.

4.3. Where the employee is receiving the monthly pension or social insurance allowance but died: his relative shall submit dossier as stipulated in Clause 2, 3 and 6 of Article 22 to the district or provincial social insurance body which is paying the monthly pension or social insurance allowance before the employee died; where his relative is eligible for receiving the monthly survivorship allowance but chooses to receive the one-time survivorship allowance, he shall submit additional documents specified in Clause 4 of Article 22.

5. Person who request the modification of information about his relative or modification or re-settlement of pension or social insurance allowance:

5.1. Person who is receiving the monthly pension or social insurance allowance shall submit dossiers specified under Points 1.1, 1.2, Clause 1 and Point 2.1 and 2.2, Clause 2 of Article 25 with the social insurance book (if the employee keeps the social insurance book) to the district or provincial social insurance body where the monthly pension or social insurance allowance is paid or to the social insurance body which carried out the settlement for the person receiving the one-time social insurance allowance.

5.2. Person who is receiving the monthly pension or social insurance allowance settled by the social insurance body of the Ministry of Defense or the People’s Police requests the modification of social insurance allowance: submits dossiers specified under Point 2.1 and 2.2, Clause 2, Article 25 with the social insurance book (if the employee keeps the social insurance book) to the social insurance body which carried out the settlement.

6. Receiving the dossier settled for social insurance allowance: The employees or their relatives specified in Clauses 1, 2 , 3, 4 and 5 of this Article shall receive the settled dossiers as stipulated under Item 1.4.2, Point 1.4, Clause 1, Article 28 and Item 1.2.1, Point 1.2, Clause 1 of Article 29 according to the Receipt of dossier and result return.

7. Relocating person entitled to monthly pension or social insurance allowance

7.1. For person who begins receiving the monthly pension or social insurance allowance at the s residence settled by the social insurance body of another province: receives the monthly pension or social insurance allowance and the health insurance card (if subject to participating in health insurance) according to the time and location specified in the Notice (Form No. 18C-HSB); returns the health insurance card which has been issued before.

For the person who begins receiving the monthly pension or social insurance allowance settled by the social insurance body of the Ministry of Defense or the People’s Police and relocates and receives it at the new residence shall receive the sealed dossier from the employer (where the employer hands over the dossier directly to the employee) to submit it to the provincial social insurance body of the residence to receive the monthly pension or social insurance allowance.

7.2. For the person who is receiving the monthly pension or social insurance allowance relocates and receives it at his new residence in another province: prepares dossier as specified under Point 1.1, Clause 1, Article 24, submits or sends it by post to the district or provincial social insurance body which is paying the monthly pension or social insurance allowance; comes to receive the monthly pension or social insurance allowance and the health insurance card (if subject to participating in health insurance) according to the time and location specified in the Notice (Form No. 18C-HSB); returns the health insurance card which has been issued before.

8. For the person who is waiting for the age condition to receive the monthly pension or social insurance allowance for communal officials transferring dossier to the new residence in another province: prepares dossiers as specified under Point 2.1, Clause 2 of Article 24 and submit it to the provincial social insurance body which is managing dossier pending the age condition for receiving monthly pension or social insurance allowance; receives notice of receipt of relocation dossier (Form No. 18B-HSB).

9. Number of dossier: 01 copy for each type of paper.

10. Time limit for submission:

10.1. Within 30 days to the time the employee receives the pension and is eligible for receiving the one-time social insurance allowance, the employee is reserving the time of payment of social insurance premium and the participant of voluntary social insurance should submit the prescribed dossiers to the social insurance body.

10.2. Wihin 90 days after the person reserves the time of payment of social insurance premium, participant of voluntary social insurance or person is receiving the monthly pension, occupational accident or occupational disease benefit but died, his relative shall submit the prescribed dossier to the district or provincial social insurance body where the monthly social insurance allowance are paid or where the employee is residing.

10.3. Within 90 days from the date the employee is paying the compulsory social insurance premium but died, his relative shall submit the prescribed dossier to his employer.

Article 27. Responsibility of the employers

1. Instruct the employees their relatives to prepare dossier specified in Section 1, Chapter III of this document; verify and compare the personal factors between the dossier for participation in social insurance and certificate of birth, ID card, family booklet….of the employees to ensure the consistency of dossier before submission to the social insurance body; introduce the employees who are paying the social insurance premium to the medical examination Council to examine the reduced work capacity as a basis for receiving the retirement benefits or occupational accident or occupational disease benefit (including the case where the employee has resigned but during the time, he suffered from occupational disease or had occupational accident) except for the case of examination of recurrent occupational disease or occupational accident.

2. Receive dossiers from the employees for completion as specified in Article 14 or 15 or 17 or 18 or Clause 1 of Article 19 or 22 and send them to the social insurance body where the employers are paying the social insurance premium; where the employers issue the Decision on resignation for retirement benefits under the Form issued with Decree No. 46/2010/ND-CP of the Government and do not provide information to show the receipt of pension through the deposit account at the bank and address of initial registration for health checkup with health insurance, the social insurance body shall pay the pension through the service organization authorized by the social insurance body and determine the address of initial registration for health checkup with health insurance; receive the additional documents to request the modification of entitlement or re-settle the social insurance allowance of the employees of the employers’ units in order to coordinate with the social insurance body to review and settle according to regulations.

3. Number of dossier: 01

4. Time limit for submission:

4.1. Within 30 days to the time the employees receive their pension, the employers must submit dossier to the social insurance body where the social insurance premium is paid.

4.2. Within 30 days after fully receiving dossier from the employees’ relatives, the employers shall submit the dossier for survivorship allowance entitlement to the social insurance body where the social insurance premium is paid.

5. Receive the settled dossiers from the social insurance body, return them to the employees or their relatives and retain the decision on occupational accident or occupational disease benefits according to regulations. Where the employment unit requests to receive the employees’ dossiers for pension entitlement, it should register with the social insurance body upon submission of dossiers.

Article 28. Responsibility of district social insurance body

1. Dossier receiving and managing Group

1.1. Instructs the dossier preparation as specified in Section 1, Chapter III of this document to the employees or their relatives and the employers subject to submission of dossier to the district social insurance body specified in Article 26 and 27.

1.2. Receives the dossiers of occupational accident or occupational disease; dossiers of retirement and survivorship from the employers (where the employees are participating in social insurance) which the district social insurance body manages the collection; receive dossiers according to regulation from the employees or their relatives; verifies or compares dossiers to ensure the legality and completion of composition; if the dossier are not proper, writes the Slip of dossier completion instruction and returns the dossiers to the submitting persons for prescribed completion.

When receiving dossiers for settlement of survivorship allowance, if detecting the declared contents of the relatives are not clear or do not ensure the grounds for settlement or when the provincial social insurance body requires the verification, the district social insurance body shall coordinate with the local government and relevant organizations and individuals for verification (Form No.09B-HSB) within 03 working days from the date of receiving the dossier and addition of verification result to the survivorship dossier to be sent to the provincial social insurance body for review and settlement.

While receiving dossiers, if detecting falsifying dossiers or fraudulent dossiers, reports to the Director for timely handling.

1.3. For the dossiers under the settlement authority of district social insurance body, the district social insurance body shall transfers such dossiers to the social insurance policy implementation Group or the book and card collection – issue and inspection Group if the dossiers are related to the modification of information in the social insurance book or transfers them to the provincial social insurance body if the dossiers for social insurance allowance entitlement are not under the settlement authority of district social insurance body

1.4. Receives the dossiers for social insurance allowance entitlement which have been settled from the social insurance policy implementation Group or the book and card collection – issue and inspection Group or from the provincial social insurance body and:

1.4.1. Manage and retain 01 dossier for one-time social insurance allowance entitlemen as follows: Dossier specified in Article 20 and Decision on one-time social insurance allowance entitlement with the payment Process of social insurance premium and Decision on modification of one-time social insurance (if any) or Decision on cancellation of Decision on one-time social insurance allowance entitlement (if any) with the copy or replica of parpers as the grounds for modification or cancellation;

1.4.2. Returns 01 dossier to the employee, including: Decision on one-time social insurance allowance entitlement with the payment Process of social insurance premium and Decision on modification or cancellation of Decision on one-time social insurance allowance entitlement (if any), re-issued social insurance book in case the employee has the time of payment of unemployment insurance but not yet received its benefits.

1.4.3. Returns the dossier settled by the provincial social insurance body with the dossier composition specified under Item 1.2.1, Point 1.2, Clause 1 of Article 29.

2. Social insurance policy implementation Group

Receives the dossiers for one-time social insurance allowance entitlement from the dossier receiving and managing Group or the book and card collection – issue and inspection Group in order to:

2.1. Verifies and compares the dossier relating to the number, legality, consistency, completeness and properness; if the dossier is improper, gives specific instructions and sends it back to the dossier receiving and managing Group to return it to the submitting person for completion of dossier according to regulations (attached to the Slip of dossier completion instruction).

2.2. Carries out the settlement of one-time social insurance allowance entitlement as follows: Prepares the process of payment of social insurance premium under the Form No. 04-HSB and reviews the one-time social insurance allowance; submits it to the Director to issue decision on one-time social insurance allowance entitlement under the Form No. 07B-HSB; makes certification in the social insurance book under the regulations on content of one-time social insurance allowance entitlement.

When carrying out the settlement of one-time social insurance allowance entitlement, the district social insurance body must verify and compare the personal factors, social insurance book number and data of process of payment of social insurance premium of the employees to ensure no identical entitlement settlement.

While settling dossiers, if detecting falsifying dossiers or fraudulent dossiers, reports to the Director for timely handling.

2.3. Transfers the dossier for one-time social insurance allowance entitlement as specified under Point 1.4, Clause 1 of this Article to the dossier receiving and managing Group; in case the person who receives the one-time social insurance allowance and has the time of payment of unemployment insurance but not yet received the unemployment insurance benefits, his dossier shall be transferred to the book and card collection – issue and inspection Group.

2.4. Makes a list of settlement of one-time social insurance allowance entitlement (under the Form No. 19G-HSB) and transfers it to the Accounting – Payment and Health Insurance Inspection Group.

2.5. Modifies the social insurance allowance:

2.5.1. Modifies in line with general regulation the one-time social insurance allowance entitlement for the dossiers which the district social insurance body has settled.

2.5.2. Specific modification in cases settled by district social insurance body: Based on the documents specified in Article 25 or the modified social insurance book to issue the modification Decision (Form No. 06A-HSB); in case of improper settlement or the added documents ensure sufficient legal grounds to cancel the settlement decision, the district social insurance body shall issue decision on cancellation of decision on social insurance allowance entitlement (Form No. 06B-HSB); in case of improper settlement which must be corrected or cancelled, there must be a report from the operational division specifying the improper content and which operational phasewith the approval of the leader of district social insurance body and must be retained with the cancelled dossier after settlement (not consider the cancellation of dossier of one-time social insurance allowance entitlement in case the employee has received the benefit with settlement in line with regulation on dossier, procedure and authority except with the conclusions of the competent authority).

The authority and procedures for modification of information in the social insurance book must comply with the current regulations on management of social insurance book.

2.6. Transfers the database of settlement of entitlement, modification or cancellation of decision on one-time social insurance allowance entitlement to the provincial social insurance body according to regulation. Before the 3rd date of each month, makes 02 Lists of settlement of modification or cancellation of social insurance allowance (Form 23A-HSB) and 02 Lists of one-time social insurance allowance entitlement of the previous month (Form No. 19G-HSB) for retaining 01 List and sends 01 List to the provincial social insurance body.

3. Book and card collection – issue and inspection Group

3.1. Receives dossier for modification pertaining to the information in the social insurance book for modification and transfer of dossier to the social insurance policy implementation Group;

3.2. Receives dossiers for one-time social insurance allowance entitlement of the person having the time of payment of unemployment insurance but not yet received its benefits in order to re-issue the social insurance book and transfers it to the dossier receiving and managing Group.

4. The time limit for settlement and payment of one-time social insurance allowance: Within 10 days after fully receiving the prescribed dossier. In case of no settlement, replies in writing and specifies the reason.

Article 29. Responsibility of provincial social insurance body

1. Department receiving and returning the result of administrative procedures

1.1. Instructs the employers, employees and employees’ relatives to prepare dossier as specified in Section 1, Chapter III of this document; receives dossiers for settlement of social insurance allowance entitlement from the employers, employees and employees’ relatives under the settlement authority of provincial social insurance body according to regulation; verifies and compares dossiers about the number and legality and transfers to the Department of social insurance benefits if the dossier is valid or returns the dossier with the Slip of dossier completion instruction to the submitting person for prescribed completion if the dossier is invalid.

While receiving dossiers, if detecting falsifying dossiers or fraudulent dossiers, reports to the Director for timely handling.

1.2. Gives notice under the Form No. 18C-HSB to the employees and their relatives of the receipt of monthly pension or social insurance allowance (except for the case of entitlement at the new residence in another province); manages, retains and returns dossiers for social insurance allowance entitlement to the employers, employees and employees’ relatives:

Receives the dossiers for social insurance allowance entitlement transferred to by the Department of social insurance benefits, including: 02 set dossiers in case of one-time social insurance allowance entitlement for retaining 01 set and returning 01 set to the employees or their relatives; 03 sets of dossier in case of monthly social insurance allowance entitlement for the provincial social insurance body to retain 01 set, returns 01 set to the employees or their relatives and transfers 01 set to the Vietnam Social Insurance; where the employer requests and registers to receive dossier for employees’ pension, returns 01 set of dossier, including: Decision on benefits and the Process of payment of social insurance premium to be handed over to the employers.

Returns the dossier for social insurance entitlement to the employers, employees and employees’ relatives for each benefit as follows:

1.2.1. Dossier managed by the employees and their relatives:

a) Dossier for occupational accident or occupational disease benefits comprises of:

- Social insurance book;

- Decision on occupational accident or occupational disease benefits, decision on modification of occupational accident or occupational disease benefits (if any); decision on money allocation to buy the assistive tools for daily activity and orthopedic devices (if any); decision on suspension or continued entitlement to monthly occupational accident or occupational disease benefit (if any); decision cancelling the entitlement decision (if any);

- Process of payment of social insurance premium;

- Notice of receipt of monthly benefit to the persons who receive the monthly occupational accident or occupational disease benefit (Form No. 18C-HSB).

b) Dossier for monthly pension or benefit for communal official comprises of:

- Decision on monthly retirement benefit or benefits for communal officials; decision on modification of monthly retirement benefits or benefit (if any); decision on suspension or continued entitlement to monthly retirement benefits or benefit (if any); decision cancelling the decision on monthly retirement benefits or benefits (if any);

- Process of payment of social insurance premium;

- Notice of receipt of monthly pension or benefits (Form No. 18C-HSB) except for the case of entitlement in another province.

c) Dossier for one-time social insurance: As specified under Item 1.4.2, Point 1.4, Clause 1 of Article 28.

d) Dossier for survivor benefits comprises of:

- Decision on funeral allowance entitlement for the relatives (including death benefits due to occupational accident or occupational disease and one-time regional benefits); decision on monthly survivorship allowance entitlement; decision on one-time survivorship allowance entitlement; decision on modification of one-time survivorship allowance (if any); decision on suspension or continued entitlement to monthly survivorship allowance (if any); decision on cancelling the decision on monthly survivorship allowance ( if any);

- Process of payment of social insurance premium;

- Notice of receipt of monthly benefits (Form No. 18C-HSB).

e) Decision on one-time benefits in case the person is receiving the monthly pension or social insurance allowance and go abroad for settlement.

g) Where the employment unit requests and registers to receive dossier for employees’ pension, the employer shall receive the decision on retirement benefits and the process of payment of social insurance premium of the employees.

1.2.2. Dossier of managed and retained by provincial social insurance body: In addition to the documents for each type of benefit as specified under Item 1.2.1, Point 1.2 of this Clause, the additional documents are required:

a) Dossier for occupational accident or occupational disease benefits: Documents specified in Article 14, 15, 16 and 17 (excluding the social insurance book) and Clause 2 and 3 of Article 18;

b) Dossier for monthly pension and benefits for communal officials: Documents specified in Article 19;

c) Dossier for one-time social insurance allowance entitlement: Documents specified in Article 20;

d) Dossier for survivorship allowance entitlement: Documents specified in Article 22 (dossier with social insurance book must include it; dossier for monthly survivorship allowance includes the decision on funeral allowance entitlement) and the verification result of relative entitled to the survivorship allowance under the Form No. 09B-HSB (if any); in case of many relatives who receive the monthly survivorship allowance, only a copy of each paper in the dossier is retained;

dd) Dossier for one-time benefits (where the person who is receiving his monthly pension or social insurance allowance go abroad for settlement): Documents specified in Clause 1 and 2 of Article 21;

e) In case of specific modification, cancellation of entitlement decision according to the provisions under Item 2.4.2, Point 2.4, Clause 2 of this Article, in addition to the types of documents mentioned above, there should be additional copy or replica of papers or documents as a basis for modification or cancellation of entitlement decision specified in Article 25.

1.2.3. Dossier retained or managed by Vietnam Social Insurance: Is the replica of dossier for monthly pension or social insurance allowance entitlement retained and managed by the provincial social insurance body (excluding the social insurance book).

In case of having received the one-time occupational accident or occupational disease benefits but due to recurrent injury or disease or additional occupational accident or occupational disease and the one-month benefits are modified, the provincial social insurance body shall make copy of dossier for one-time occupational accident or occupational disease benefits to be retained at the Vietnam Social Insurance.

1.2.4. Dossier managed by employer:

a) Dossier for occupational accident or occupational disease benefits: Decision on occupational accident or occupational disease benefits; decision on cancelling the entitlement decision (if any); process of payment of social insurance premium;

b) Dossier for monthly pension entitlement ( in case of request): Decision on monthly retirement benefits; decision on modification of monthly retirement benefits (if any); decision on cancelling the decision on monthly retirement benefits (if any); process of payment of social insurance premium;

1.3. Prepares dossier of relocation for social insurance allowance, dossier pending social insurance allowance transferred to the social insurance body of another province in accordance with the provisions in Article 30.

1.4. Before the 10th date of each month, 01 set of dossier for the monthly pension or social insurance allowance settled in the previous month shall be sent to the Archives Center as specified under Item 1.2.3, Point 1.2, Clause 1 of this Article and the list of settlement of each benefit (Form No. 19A-HSB, Form No. 19C-HSB, Form No. 19E-HSB, Form No. 19H-HSB) and the list of modification or cancellation of decision on monthly pension or social insurance allowance (Form No. 23B-HSB).

1.5. Carries out the retention and use of dossier according to regulations.

2. Department of social insurance benefits

Receives dossiers under its settlement authority from the Department receiving and returning the result of administrative procedures, Department issuing social insurance books and cards of other districts and provinces and:

2.1. Verifies and compares to ensure dossier completeness and legality

When reviewing dossier for survivorship allowance, if detecting the relative’s declaration content is not clear or insufficient grounds for settlement, coordinates with the local government or relevant organizations or individuals or assigns the district social insurance body to carry out the verification (Form No. 09B-HSB) within 03 working days after receiving dossier and adds the verification result into the survivorship dossier for review and settlement.

2.2. Settlement of social insurance allowance entitlement

2.2.1. Occupational accident or occupational disease benefits:

- Prepares the process of payment of social insurance premium under the Form No. 04-HSB and reviews the occupational accident or occupational disease benefits;

- Submits it to the Director to issue the decision on the monthly or one-time occupational accident benefits under the Form No.03A-HSB or Form No.03B-HSB, decision on the monthly or one-time occupational disease benefits under the Form No.03C-HSB or Form No.03D-HSB, decision on modification of occupational accident or occupational disease benefits due to recurrent injury or disease or from the general examination under the Forms No. 03E-HSB, 03G-HSB, 03H-HSB, 03K-HSB, 03M-HSB, 03N-HSB and 06A-HSB, decision on money allocation to buy the assistive tools for daily activity and orthopedic devices under the Form No. 03P-HSB;

Issues 01 additional decision on occupational accident or occupational disease benefits and the process of payment of social insurance premium to be delivered to the employer for management.

2.2.2. Retirement benefits:

- For receiving the monthly pension and benefits for communal officials:

+ Prepares the process of payment of social insurance premium under the Form No. 04-HSB and reviews the monthly retirement benefits and monthly allowance for communal officials;

+ Submits it to the Director to issue decision on monthly retirement benefits under the Form No. 07A-HSB and decision on monthly allowance for communal officials under the Form No. 07C-HSB.

Where the employer requests to receive the employee’s dossier for pension entitlement, makes additional decision on monthly retirement benefits and the process of payment of social insurance premium.

- For one-time social insurance allowance entitlement: complies with the provisions under Point 2.2, Clause 2 of Article 28;

- One-time allowance for persons who are receiving the monthly pension or allowance and go abroad for settlement: Based on the dossier for monthly pension or social insurance allowance and employee’s application, reviews and submits it to the Director for issuing decision on one-time allowance entitlement under the Form No. 07D-HSB.

2.2.3. Survivorship benefits:

- Prepares the process of payment of social insurance premium under the Form No. 04-HSB and reviews the survivorship allowance for the persons who are paying or reserving the time of payment of social insurance premium;

- Submits it to the Director for issuing decision on funeral allowance under the Form No. 08A-HSB or 08B-HSB, decision on monthly survivorship allowance for each relative eligible for entitlement residing in provincial areas under the Form No. 08C-HSB or decision on one-time survivorship benefits under the Form No. 08D-HSB, Form No. 08E-HSB or decision on modification of one-time survivorship benefits under the Form No. 06A-HSB;

- Where the relatives entitled to the monthly allowance do not reside in the same province:

+ The provincial social insurance body which receives the initial dossier for settlement of one-time funeral allowance, regional allowance (if any), death allowance due to occupational accident or occupational disease (if any) and monthly survivorship allowance for the relatives residing in the area (if any); within 02 working days after issuing the decision on survivorship benefits, prepares the procedures for transfer of dossier for the remaining relatives to the provincial social insurance body where the relatives are residing for review and settlement of monthly survivorship allowance if they meet the prescribed conditions. The dossier comprises of: Replica of settled dossier for survivorship allowance with certification of the provincial social insurance body, letter of introduction (Form No. 15A-HSB). Where the relatives are receiving the monthly survivorship allowance while receiving the funeral allowance, transfer the dossier to the provincial social insurance body where those relatives are receiving the monthly survivorship allowance to pay the survivorship allowance; in addition to the above document, the letter of introduction (Form No. C77-HD) is required.

+ Based on the dossier, the provincial social insurance body where the relatives are residing receives and reviews the conditions for entitlement and settlement of monthly survivorship allowance according to regulation; where the relatives are not eligible for receiving the monthly survivorship allowance, send a notice to the provincial social insurance body which introduced the relocation for information and coordinated settlement.

- Whre the relatives receiving the one-time funeral allowance or survivorship allowance are not residing in the same province with the employees who are paying the social insurance premium, the persons reserving the time of payment of social insurance premium, the persons are waiting for the monthly social insurance benefits, the persons are receiving the monthly pension or allowance:

+ The provincial social insurance body which receives the initial dossier for settlement of one-time funeral allowance, one-time survivorship allowance, one-time regional allowance (if any) and death allowance due to occupational accident or occupational disease (if any); within 02 working days after issuing the decision on survivorship benefits and preparing the introduction procedures (under the Form No. C77-HD) to the provincial social insurance body where the relative representating the relatives to receive the residence allowance to pay the allowance immediately to the relatives. The dossier comprises of the replica of dossier as stipulated under sub-Item d, Item 1.2.1, Point 1.2, Clause 1 of this Article, letter of introduction (Form No. C77-HD); in case of receiving notice from the provincial social insurance body relating to the relative ineligible for one-time survivorship allowance, the coordinated settlement shall be based on the dossier according to regulation.

+ The provincial social insurance body where the relative representing the other relatives to receive the residence allowance shall, based on the dossier, receive and manage the subjects and make payment; where the relatives are not eligible for one-time survivorship allowance, the provincial social insurance body which introduced the relocation for information and coordinated settlement shall be re-informed for coordinated settlement according to regulation.

When carrying out the settlement of social insurance benefits, it is required to verify and compare the personal factors, social insurance book number and data of payment of social insurance premium of the employee to ensure no identical entitlement settlement.

While settling the dossiers, if detecting falsifying dossiers or fraudulent dossiers, reports to the Director for timely handling.

2.2.4. Settlement of suspension and continued entitlement to the monthly pension or social insurance allowance:

a) Requests the Director to issue decision on suspension of monthly social insurance benefits (Form No. 10A-HSB) for the person serving prison term without suspended sentence (in case of beginning the prison term before 01/01/2016), person going abroad illegally and person declared missing by the Court.

b) Requests the Director to issue decision on continued entitlement to monthly social insurance benefits (Form No.10B-HSB) for the persons who have completed his prison term, persons who went abroad illegally and returned to legally settle down and the persons whose missing declaration is cancelled by the Court.

2.3. Inspects the settlement of one-time social insurance benefits of the district social insurance body; carries out the post check of dossier for entitlement to retirement or survivorship benefits.

2.4. Modification and cancellation.

2.4.1. General modification of pension or social insurance allowance for the persons who are managed, paid and the persons who were settled for one-time allowance in accordance with regulations of policies and guiding documents at the time of modification.

2.4.2. Specific modification or cancellation of entitlement decision: Based on the documents specified in Article 25 or the modified social insurance book, requests the Director to issue decision on modification (Form No. 06A-HSB); In case of improper settlement or the added documents ensure sufficient legal grounds to cancel the settlement decision, the district social insurance body shall issue decision on cancellation of decision on social insurance allowance entitlement (Form No. 06B-HSB); in case of improper settlement which must be corrected or cancelled, there must be a report from the operational division specifying the improper content and which operational phasewith the approval of the leader of provincial social insurance body and must be retained with the cancelled or modified dossier after settlement.

The modification or cancellation for these cases is done by the provincial social insurance body which is managing dossiers; for the persons whose one-time social insurance benefits were settled, the social insurance body which has settled shall carry out the modification or cancellation.

For dossier which has been settled by the social insurance body of another province, when reviewing dossier for modification, if the verification is necessary, the social insurance body which has settled the dossier should be discussed by written document. When receiving the written discussion, the social insurance body which has settled the dossier shall verify and reply in writing within 05 working days (from the date of receipt of written request). Based on the dossier and comments of provincial social insurance body which has settled the dossier, the provincial social insurance body which is managing the payment shall carry out the modification or cancellation as stipulated above.

The authority and order to modify the information in the social insurance book must comply with the current regulations on management of social insurance book.

The modification or cancellation of decision on social insurance benefits of social insurance of Ministry of Defense, Ministry of People’s Police shall be done by the social insurance body which has settled while transferring the modified or cancelled dossier to the provincial social insurance body which is paying the benefits for management and payment.

2.4.3. In case of modification of personal information of the persons who are receiving the monthly pension or social insurance allowance, if their dossiers ensure the legality and conditions, submits them to the Director to issue the decision on modification of personal information (Form No. 11-HSB) and modification on the subject management software; the modification of personal information must not change the original dossier and the social insurance benefits of the employees and their relatives.

2.4.4. Where there are the grounds that the social insurance entitlement is not in line with the regulations of law as stipulated under Point c, Clause 1, Article 64 of the Law on social insurance, coordinates with the relevant bodies to inspect and verify and give specific conclusion on the improper social insurance entitlement to consider and decide if the social insurance benefit entitlement is stopped or not; if there is a conclusion about improper social insurance benefit entitlement, submits it to the Director to issue the decision on cancelling the decision on social insurance benefit entitlement in case of benefit entitlement which is settled by the social insurance body (Form No. 06B-HSB) or decision on terminating the social insurance benefit entitlement (Form No. 06C-HSB) in case of benefit entitlement which is not settled by the social insurance body.

2.5. Makes certification of content of settlment of social insurance benefits in the social insurance book.

2.6. Transfers the settled dossiers to the Department receiving and returning the result of administrative procedures

2.7. Makes a complaint in order of re-examination of decision of medical examination Council in case the examination result is not consistent with the health, injury or disease of the employees or their relatives; makes a complaint in case the result of occupational accident investigation does not comply with regulations.

2.8. Makes a list of one-time social insurance benefits settled by the provincial social insurance body (Form No. 21A-HSB and No. 21B-HSB) for allowance payment.

2.9. Regulation on report on database transfer:

2.9.1. Receives the database of one-time social insurance benefits transferred to by the district social insurance body and database of one-time survivorship allowance in order to update it in the review program for one-time social insurance benefit entitlement in the province, transfers it to the Department of Information Technology for transferring to the Information technology Center according to regulation. Before the 5th date of each month, all database of entitlement settlement, modification of entitlement, cancellation of decision on social insurance benefit entitlement in the previous month for transferring to the Information technology Center.

2.9.2. Before the 5th date of each month, based on the dossiers settled by the district and province social insurance body, makes a general report on settlement of social insurance benefits in the previous month (Form No. 20-HSB) and a list of settlement of modification, cancellation, suspension, continued entitlement to pension or social insurance allowances (Form No. 23A-HSB) for transferring to the social insurance policy Implementation Committee with the electronic file of the report.

2.10. Makes a list of settlement of social insurance entitlement for each type of benefit (Form No. 19A-HSB, 19B-HSB, 19C-HSB, 19D-HSB, 19E-HSB, 19H-HSB, 19K-HSB and 19M-HSB) and transfers it to the Department receiving and returning the result of administrative procedures for retention and management with the List of settlement of one-time social insurance benefits (Form No. 19G-HSB) transferred to by the district social insurance body and the List of settlement of modification, cancellation, suspension and continued entitlement to social insurance benefits (Form No. 23A-HSB).

3. Department issuing social insurance books and cards

3.1. Receives dossiers for modification of social insurance benefits relating to the information specified in the social insurance book; makes modification of social insurance book (including the social insurance book with the one-time or monthly benefits settled) and transfers them to the Department of social insurance benefits.

3.2. Receives dossier for entitlement to social insurance benefits from the Department of social insurance benefits in order to:

3.2.1. Issue the health insurance card to the persons entitled to the monthly pension or social insurance allowance subject to participating in health insurance (except the case of relocation to another province).

Based on the actual conditions at locality, Director of provincial social insurance body shall decide the provincial social insurance body or district social insurance body shall issue the health insurance card to the employees to guarantee their interests of health examination and treatment.

3.2.2. Re-issue the social insurance book or coordinate with the collection management Department to verify information about the time of payment of unemployment insurance premium for re-issue of social insurance book to the persons entitled to one-time social insurance benefits. These persons has a period of time to pay the unemployment insurance premium but not yet received the benefits.

3.2.3. Transfer the employee’s dossier for social insurance benefits with the health insurance card and the social insurance book (re-issued) to the Department receiving and returning the result of administrative procedures.

4. Time limit for settlement of social insurance benefits

4.1. Carry out the settlement of occupational accident or occupational disease benefits within 15 days after fully receiving the valid dossier; carry out the settlement of survivorship benefits within 15 days after fully receiving the valid dossier;

4.2. Carry out the settlement of retirement benefits within 20 days after fully receiving the valid dossier; carry out the settlement of one-time social insurance benefits within 10 days after fully receiving the valid dossier;

4.3. Carry out the continued entitlement to monthly pension or social insurance allowance after finishing the prison term, illegally going abroad and returning to legally settle down or missing declaration cancelled by the Court within 15 days after fully receiving the valid dossier;

4.4. The time limit for modification or cancellation of decision on social insurance benefits is the same as the time limit for each benefit specified under Points 4.1, 4.2, 4.3 of this Clause.

4.5. In case of required modification of information in social insurance book, the time limit for modification is the same as the time limit for modification of social insurance book under the current regulations. In case of no settlement, reply in writing and specifies the reason.

Article 30. Responsibility of provincial social insurance body in relocation of monthly pension or social insurance allowance entitlement, pending the monthly pension or social insurance allowance entitlement for communal officials

1. Responsibility of provincial social insurance body from which the persons move away

1.1. Receives application for relocation of place to receive the monthly pension or allowance for communal officials, application for relocation of dossier pending the monthly pension or social insurance allowance entitlement from district social insurance body or for employees who are receiving their monthly pension or social insurance allowance or persons pending the monthly pension or allowance entitlement.

1.2. Verify dossiers to ensure the completeness and properness of benefits and policies; for dossiers pending the monthly pension or allowance, make comprehensive vertification, including: participants, personal information, time of participation in social insurance, title, salary rate, living expenses…to ensure sufficient grounds for settlement of benefit entitlement. During the verification, if detecting that:

- Dossier has errors of benefits, policies or does not ensure sufficient grounds for settlement of monthly pension or allowance (for dossier pending the monthly pension or allowance), make modification according to regulations.

- Dossier has no consistency of last name, first name, middle name, date of birth between papers in the same dossier, between dossier for social insurance benefits and certificate of birth, ID card or family booklet, make a written certification to insert it in the relocation dossier;

- Falsifying dossier or with fraudulent signs, report to the Director for timely handling; suspend introduction of relocation while noitifying the person submitting dossier for information.

1.3. Prepare dossier procedures, including: Documents specified in Article 24 for persons who are receiving the monthly pension or social insurance allowance, persons pending the monthly pension or social insurance allowance as specified under Item 1.2.2, Point 1.2, Clause 1 of Article 29 for the persons who begin the entitlement; list of documents (Form No. 17-HSB), letter of introduction of pension or social insurance allowance (Form No.C77-HD); seal the dossier and send it by way of registered service to the provincial social insurance body where such persons are residing by the address specified in the Receipt of dossier and result return or in the entitlement dossier.

Where the relative entitled to the monthly survivorship benefits relocates but another relative in the same decision decides not to relocate, the dossier for survivorship benefits is the replica from the retained dossier which the provincial social insurance has certified.

1.4. When receiving the notice from the social insurance body which receives the dossier (Form No. 18A-HSB), verify the person introduced for relocation. If the person is determined correctly, then certify “ Correct person” in the notice (the person verifying and comparing shall sign, specify full name, date of comparison) and retain it; where the relocation dossier is not complete or has insufficient ground for settlement, within 5 working days after receiving the notice, review, modify or complete it for sending back to the provincial social insurance body which receives the dossier with the official letter; if detecting the person is not the one settled for relocation, send an official letter at one to the social insurance body which receives the dossier.

1.5. Make copy of dossier of relocating person on computer as the grounds for review and settlement in case of loss of relocation dossier; retain the copy of application for relocation of person at the location of dossier retention before relocation. In case the dossier for social insurance benefits is settled before 01/01/1995, make copy of all dossier for retention with the replica of dossier receipt.

1.6. Make record in the book monitoring the dossier for monthly social insurance benefit entitlement of the persons relocating to other cities or provinces (Form No. 25A-HSB).

1.7. The time limit for preparing the relocation dossier is within 05 days after receiving the relocation application.

1.8. Before 1/07 of each year, make a report on relocating persons of quarter I and II in the year; before 10/01 of each year, make a report on relocating persons of quarter III and IV of the previous year (Form No. 25C-HSB) and send it to the social insurance policy Implementation Committee with the electronic file of the report.

2. Responsibility of the provincial social insurance body where the persons relocate

2.1. Receives the relocation dossiers (dossiers of the persons who begin receiving their monthly pension or social insurance allowance settled and transferred to by the social insurance body of the Ministry of Defense, People’s Police as specified under Point 6.1, Clause 6 of Article 31); dossiers transferred to by the other provincial social insurance bodies as specified under Point 1.3, Clause 1 of this Article.

2.2. Verify and compare dossiers to ensure their completeness and properness. If through verification, detect that:

- Dossiers of persons who are receiving their monthly pension or social insurance allowance are not complete without any written confirmation of the provincial social insurance body where such persons moved away or the entitlement decision without the opinions from the Vietnam Social Insurance or dossiers of persons who begin receiving their monthly pension or social insurance allowance are not complete, still receive these dossiers and inform such persons of the reasons why the payment is not yet made; when receiving the official letter with the added documents from the social insurance body where the employees moved away, make payment of monthly pension or social insurance allowance to them.

- Dossiers which have not been modified according to the general regulations shall be modified in accordance with the provisions under Item 2.4.1, Point 2.4, Claus 2 Điều 29. Receive the dossiers with errors and modify them as stipulated under Item 2.4.2, Point 2.4, Clause 2 of Article 29 for payment.

- Do not receive the falsifying dossiers, fraudulent dossiers, dossiers ineligible for entitlement and dossiers with insufficient grounds for settlement and inform the submitting persons for information while sending a return document to the provincial social insurance body which introduced the relocating persons for settlement or completion according to regulation and send 01 copy with the replica of dossier for monitoring.

- For the dossiers which are improperly or incomplely settled by the social insurance body of Ministry of Defense, People’s Police, do not receive them and send a return document to the social insurance body which has settled, specify reasons and notify the persons submitting dossiers of the nonreceipt of dossier.

2.3. Within 03 working days after receiving the relocation dossier, make notice under the Form No.18A-HSB to the social insurance body which introduced the relocation and to the persons who come to receive their montly pension or social insurance allowance; make notice under the Form No. 18B-HSB to the social insurance body which introduced the relocation and to the persons who are waiting to receive their benefits of having received dossiers; manage the dossiers and persons and pay the one-time pension or allowance upon retirement (if any), one-time regional allowance (if any) and monthly social insurance allowance. Where the persons do not go through the procedures for receiving their montly pension or social insurance allowance, based on the address which the requester of dossier relocation for entitlement has written on application for prescribed management and payment.

If receiving notice of no relocating person, make copy of dossier and transfer it (the original) to the policy body for verification and handling in accordance with regulations of law.

2.4. Revoke the old health insurance card of the relocating persons and issue new health insurance card according to regulations.

2.5. Retain the dossiers according to regulations.

2.6. Make record in the book monitoring the dossier for monthly social insurance benefit transferred from other provinces (Form No. 25B-HSB).

2.7. Before 10/7 of each year, make a report on the relocating persons of Quarter I and II in the year; before 10/01 of the subsequent year, make a report on relocating persons in Quarter III and IV of the previous year (Form No. 25D-HSB) and send such reports to the social insurance policy Implementation Committee with the electronic file of the report.

Article 31. Responsibility of social insurance body of Ministry of Defense and People’s Police

1. Comply with general regulations and based on dossier and time limit for settlement of social insurance benefits to settle the social insurance benefits to the employees subject to management.

2. Make certification in the social insurance book of the contents about the entitlement to retirement benefits, occupational accident or occupational disease and survivorship allowance.

3. Based on the Forms in this Regulation, make modification in line with the regulations on employment management of their ministries and sectors to issue dossiers and procedures for settlement of social insurance benefits after obtaining the agreement of Vietnam social Insurance.

4. Manage and retain the settled dossiers as specified under Item 1.2.2, Point 1.2, Clause 1, Article 29; based on the particularity in activities and organization of sector, the social insurance body of Ministry of Defense and People’s Police shall specify a number of dossiers in need of preparation and management.

5. Reporting regulation and time limit for submission of retained dossiers:

5.1. Before 20/1 annually, make a general report on settlement of social insurance benefits in the previous year and send it to the social insurance policy Implementation Committee.

5.2. Before the 10th date of each month, send 01 dossier for monthly pension or social insurance allowance settled in the previous month as specified under Item 1.2.3, Point 1.2, Clause 1, Article 29 with the List of settlement for each benefit for retention and management.

6. Carry out the relocation of dossiers of persons who were settled for monthly pension or social insurance allowance entitlement to their residence as follows:

6.1. About dossier: In addition to documents specified under Item 1.2.2, Point 1.2, Clause 1, Article 29 (excluding the social insurance book), there should be a letter of introduction for payment of pension or social insurance allowance.

6.2. About the procedure:

- The social insurance body of Ministry of Defense and People’s Police shall directly seal or authorize the employment unit (competent level) to seal the dossiers and send by service way or hand them over to the employment unit or beneficiaries to transfer to the provincial social insurance where the beneficiaries reside.

- Comply with the contents specified under Points 1.4, 1.6, 1.8, Clause 1, Article 30.

Article 32. Responsibility of operational units under the management of Vietnam Social Insurance

1. Information Technology Center

1.1. Receives the database of settlement of entitlement, modification of entitlement, cancellation of decision on entitlement to retirement, occupational accident, occupational disease or survivorship benefits transferred by the provincial social insurance body to integrate into the general database of the whole sectore.

1.2. Develop the software programs to review and manage the retirement, occupational accident, occupational disease or survivorship benefits to transfer to the localities for implementation; develop the softwares for the social insurance bodies of provinces to extract data for operational reports specified in this Chapter before the 5th date of each month. Before the 5th date of each month, extract the reporting indicators of the whole sector under the Form No. 20-HSB, 22C-HSB, 22D-HSB, 22E-HSB, 22G-HSB, 22H-HSB, 22K-HSB, 22M-HSB and 22N-HSB for management.

2. The units under the management of Vietnam Social Insurance: the social insurance policy Implementation Committee shall coordinate with the operational units to direct, instruct and inspect the provincial social insurance body in settlement of social insurance benefits in accordance with the provisions in this document.

Any problem arising during the implementation, the social insurance bodies of provinces should report to the Vietnam Social Insurance for study and instruction./.

 

 

 

 


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Thuộc tính Văn bản pháp luật 636/QD-BHXH

Loại văn bảnQuyết định
Số hiệu636/QD-BHXH
Cơ quan ban hành
Người ký
Ngày ban hành22/04/2016
Ngày hiệu lực01/06/2016
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Số công báo
Lĩnh vựcLao động - Tiền lương, Bảo hiểm
Tình trạng hiệu lựcHết hiệu lực 01/05/2019
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        Decision 636/QD-BHXH dossier procedures settlement social insurance benefits
        Loại văn bảnQuyết định
        Số hiệu636/QD-BHXH
        Cơ quan ban hànhBảo hiểm xã hội Việt Nam
        Người kýNguyễn Thị Minh
        Ngày ban hành22/04/2016
        Ngày hiệu lực01/06/2016
        Ngày công báo...
        Số công báo
        Lĩnh vựcLao động - Tiền lương, Bảo hiểm
        Tình trạng hiệu lựcHết hiệu lực 01/05/2019
        Cập nhật3 năm trước

        Văn bản gốc Decision 636/QD-BHXH dossier procedures settlement social insurance benefits

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