Nghị định 21/2016/NĐ-CP thanh tra chuyên ngành về đóng BHXH, BHYT

THE GOVERNMENT

Decree No. 21/2016/ND-CP dated March 31, 2016 of the Government on specialized inspection by social insurance agencies of contribution to social insurance, unemployment insurance and health insurance

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Inspection dated November 15, 2010;

Pursuant to the Law on Social insurance dated November 20, 2014;

Pursuant to the Law on Health insurance dated November 14, 2008 and the Law on amendments to certain articles of the Law on Health insurance dated June 13, 2014;

Pursuant to the Law on Employment dated November 16, 2013;

At the request of the Minister of Labor, Invalids and Social affairs,

The government issues the Decree on specialized inspection by social insurance agencies of contribution to social insurance, unemployment insurance and health insurance.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree regulates missions and authority of social insurance agencies and heads of such agencies with regard to specialized inspection of contribution to social insurance, unemployment insurance and health insurance. Moreover, it regulates criteria and policies for individuals who conduct missions of specialized inspection of contribution to social insurance. Finally, it regulates activities concerning such specialized inspection.

Article 2. Subject of application

1.Vietnam Social Security, provincial Departments of Social Insurance, inspection teams and inspectors with regard to specialized inspection of contribution to social insurance, unemployment insurance and health insurance.

2.Local and foreign entities taking part in contribution to social insurance, unemployment insurance and health insurance as per relevant legal regulations, except those involved in contribution to social insurance, unemployment insurance and health insurance under the state management of the Ministry of National Defense and Ministry of Public Security.

3.State management agencies concerning social insurance, unemployment insurance and health insurance.

Article 3. Principles of specialized inspection of contribution to social insurance, unemployment insurance and health insurance

1.Specialized inspection teams shall carry out specialized inspection(s) of contribution to social insurance, unemployment insurance and health insurance.

2.Legal regulations are obeyed while accuracy, impartiality, integrity, openness, democracy and promptness are maintained.

3.Competent agencies inspection activities shall not overlap with regard to scope, subject, content or time while ordinary activities of entities inspected are not obstructed.

4.Inspections shall be regularly conducted in association with social insurance agencies’ missions. Such inspections shall expose, prevent and handle promptly violations of legal regulations on contribution to social insurance, unemployment insurance and health insurance. Moreover, they shall strengthen the effect of state management in the sector of social insurance, unemployment insurance and health insurance.

Chapter II

MISSIONS AND COMPETENCY OF AGENCIES CONDUCTING SPECIALIZED INSPECTIONS OF CONTRIBUTION TO SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE AND HEALTH INSURANCE

Article 4. Agencies conducting specialized inspection of contribution to social insurance, unemployment insurance and health insurance

1.Vietnam Social Security.

2.Departments of Social Insurance in provinces and centrally affiliated cities (referred to as provincial departments of social insurance)

Article 5. Missions and competency of Vietnam Social Security in specialized inspection of contribution to social insurance, unemployment insurance and health insurance

1.Vietnam Social Security shall establish, verify and implement plans for specialized inspection of contribution to social insurance, unemployment insurance and health insurance on annual basis in accordance with the aims of inspection programs as defined by the Government Inspectorate and relevant statement management authorities. Moreover, it shall report such plans to the Government Inspectorate and state management authorities concerning social insurance, unemployment insurance and health insurance.

2.It shall inspect incidents that denote violations of legal regulations on contribution to social insurance, unemployment insurance and health insurance or upon requests by heads of relevant state management agencies.

3.It shall supervise, expedite and examine the compliance with post-inspection conclusions, recommendations and remedial decisions that Vietnam Social Security and provincial Departments of Social Insurance have made.

4.It shall summarize and report the results of specialized inspections of contribution to social insurance, unemployment insurance and health insurance to relevant state management authorities as per legal regulations on inspection.

5.It shall bear other missions and powers according to the laws.

Article 6. Missions and competency of General Director of Vietnam Social Security in specialized inspection of contribution to social insurance, unemployment insurance and health insurance

1.Lead, direct and examine specialized inspections of contribution to social insurance, unemployment insurance and health insurance as per this Decree and assume liabilities to the Prime Minister and relevant state management authorities.

2.Make inspection decisions according to the plan or according to Section 2, Article 5 of this Decree and form specialized inspection teams that inspect contributions to social insurance, unemployment insurance and health insurance.

3.Make recommendations to agencies as defined in Section 1, Article 5 of this Decree with regard to elimination of duplication of subject, content and time of inspections of contribution to social insurance, unemployment insurance and health insurance.

4.Make recommendations to competent authorities for amendment and issuance of legal regulations pertinent to the management of social insurance, unemployment insurance and health insurance and for suspension or abrogation of invalid regulations that come to light through inspections.

5.Impose penalties against administrative violations according to the laws.

6.Implement other missions and exercise other rights as per the laws.

Article 7. Missions and competency of provincial Departments of Social Insurance in specialized inspection of contribution to social insurance, unemployment insurance and health insurance

1.Provincial departments of social insurance shall establish, verify and implement plans for specialized inspection of contribution to social insurance, unemployment insurance and health insurance in local areas on annual basis in accordance with the aims of inspection programs as defined by Vietnam Social Security, provincial inspectorate and relevant statement management authorities. Moreover, it shall report such plans to Vietnam Social Security, provincial inspectorate and state management authorities concerning local social insurance, unemployment insurance and health insurance.

2.They shall inspect incidents that denote violations of legal regulations on contribution to social insurance, unemployment insurance and health insurance or upon requests by heads of agencies as defined in Section 1 of this Article.

3.They shall supervise, expedite and examine the compliance with post-inspection conclusions, recommendations and remedial decisions that provincial Departments of Social Insurance have made.

4.They shall summarize and report the results of specialized inspections of contribution to social insurance, unemployment insurance and health insurance to agencies as defined in Section 1 of this Article as per legal regulations on inspection.

5.They shall bear other missions and powers according to the laws.

Article 8. Missions and competency of Directors of provincial Departments of Social Insurance in specialized inspection of contribution to social insurance, unemployment insurance and health insurance

1.Lead, direct and examine specialized inspections of contributions to social insurance, unemployment insurance and health insurance in the province as per this Decree and assume liabilities to relevant state management authorities and the General Director of Vietnam Social Security.

2.Make inspection decisions according to the plan or according to Section 2, Article 7 of this Decree and form specialized inspection teams that inspect contributions to social insurance, unemployment insurance and health insurance.

3.Make recommendations to agencies as defined in Section 1, Article 7 of this Decree with regard to elimination of duplication of subject, content and time of provincial inspections of contributions to social insurance, unemployment insurance and health insurance.

4.Make recommendations to competent authorities for amendment and issuance of legal regulations pertinent to the management of social insurance, unemployment insurance and health insurance and for suspension or abrogation of invalid regulations that come to light through inspections.

5.Impose penalties against administrative violations according to the laws.

6.Implement other missions and exercise other rights as per the laws.

Article 9. Criteria, policies, dress code and inspection cards for individuals conducting specialized inspection of contribution to social insurance, unemployment insurance and health insurance

1.Criteria for individuals who conduct specialized inspection of contribution to social insurance, unemployment insurance and health insurance:

a) Have a bachelor or higher degree from a university, which is pertinent to specialized inspection assignments;

b) Have thorough knowledge of the Vietnam Communist Party’s policies and the Government’s laws;

c) Have firm knowledge of professional regulations and management principles in connection with the functions and missions of the agency where they work;

d) Have a certificate of inspection training from a competent government authority;

dd) Have at least 01 year’s work experience (excluding the apprenticeship) in contribution to social insurance, unemployment insurance and health insurance.

2.Uniform and inspection card shall be granted to individuals designated to conduct specialized inspection of contribution to social insurance, unemployment insurance and health insurance as per regulations by the General Director of Vietnam Social Security. Furthermore, they shall receive regulated benefits upon specialized inspections and undergo training on specialized inspection of contribution to social insurance, unemployment insurance and health insurance.

Chapter III

SPECIALIZED INSPECTION OF CONTRIBUTION TO SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE AND HEALTH INSURANCE

Article 10. Coverage of specialized inspection of contribution to social insurance, unemployment insurance and health insurance

1.Payers.

2.Level of contribution.

3.Method of contribution.

Article 11. Specialized inspection teams that inspect contributions to social insurance, unemployment insurance and health insurance

1.There are a leader and members in a specialized inspection team that inspect contributions to social insurance, unemployment insurance and health insurance. A deputy leader may be appointed, if necessary. At least one member of the team is designated to carry out missions of specialized inspection of contribution to social insurance, unemployment insurance and health insurance.

2.The leader of the team shall carry out missions and rights as defined in Article 53 of the Law on Inspection and shall assume liabilities to the law and the maker of inspection decision(s) for implementation of specialized inspection assignments.

3.The leader of a specialized inspection team that forms as per a decision by the General Director of Vietnam Social security shall be empowered to impose penalties against administrative violations according to Section 3, Article 46 of the Law on penalties against administrative violations.

4.The leader of a specialized inspection team that forms as per a decision by a Director of a provincial Department of Social Insurance shall be authorized to recommend to such Director or competent individuals the penalties against administrative violations that inspections expose.

5.Members of a specialized inspection team shall bear missions and rights as defined in Article 54 of the Law on Inspection and shall assume liabilities to the law, the team leader and the maker of inspection decision(s) for implementation of specialized inspection assignments.

6.The organization and operation of a specialized inspection team shall be governed by Article 16 to Article 28 of the Government’s Decree No. 07/2012/ND-CP dated February 09, 2012 on agencies that carry out functions and activities of specialized inspection.

7.The format of documents for specialized inspection of contribution to social insurance, unemployment insurance and health insurance shall be subject to regulations of the Government Inspectorate.

Article 12. Operational finances for social insurance agencies to conduct specialized inspections of contribution to social insurance, unemployment insurance and health insurance

1.The estimate of costs for management of social insurance, unemployment insurance and health insurance, as per legal regulations on financial management of Vietnam Social Security, shall stipulate operational finances for social insurance agencies to conduct specialized inspections of contribution to social insurance, unemployment insurance and health insurance.

2.Social insurance agencies can use a part of penalties against deferment of contributions, which inspections expose, to enhance the capacity of inspection, improve facilities and commend organizations and individuals that gain achievements in specialized inspection of contribution to social insurance, unemployment insurance and health insurance. The use of such finances shall be subject to the laws.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Effect

This Decree takes effect on June 01, 2016.

Article 14. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People’s Committees and relevant entities are responsible for implementing this Decree./.

For the Government

The Prime Minister

Nguyen Tan Dung