Decree 21/2016/ND-CP on Social Insurance Inspection

DECREE

PROVISIONS ON IMPLEMENTATION OF THE FUNCTION OF SPECIALIZED INSPECTION OF SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE, HEALTH INSURANCE BY SOCIAL INSURANCE AGENC

Pursuant to the Law on Government Organization dated June 19, 6;

Pursuant to the November 15, 11 Law on Inspection;

Pursuant to the November 20, 11 Law on Social Insurance;

Pursuant to the November 14, 11 Law on Health Insurance, the June 2008, 13 Law amending and supplementing a number of articles of the Law on Health Insurance;

Pursuant to the Employment Law dated November 16, 11;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

The Government promulgates a Decree stipulating the performance of the specialized inspection function on payment of social insurance, unemployment insurance and health insurance by the social insurance agency.

Chapter I

GENERAL PROVISIONS #

Article 1. Scope

This Decree prescribes the tasks and powers of the agency and the head of the social insurance agency in performing the specialized inspection function on payment of social insurance, unemployment insurance and health insurance. ; standards and regimes of persons assigned to perform specialized inspection tasks on payment of social insurance, unemployment insurance and health insurance; specialized inspection activities on payment of social insurance, unemployment insurance and health insurance.

Article 2. Subject of application

1. Vietnam Social Insurance, Social Insurance of provinces and centrally run cities in performing the function of specialized inspection on payment of social insurance, unemployment insurance and health insurance; The inspection team, the person assigned to perform the specialized inspection task of paying social insurance, unemployment insurance and health insurance.

2. Domestic agencies, organizations and individuals; foreign agencies, organizations and individuals in Vietnam related to the payment of social insurance, unemployment insurance and health insurance in accordance with the law on social insurance and unemployment insurance , health insurance, except for those related to the payment of social insurance, unemployment insurance and health insurance under the state management competence of the Ministry of National Defense and the Ministry of Public Security.

3. State management agencies in charge of social insurance, unemployment insurance and health insurance.

Article 3. Principles of specialized inspection activities on payment of social insurance, unemployment insurance and health insurance

1. Specialized inspection activities on payment of social insurance, unemployment insurance and health insurance shall be carried out by the specialized inspection team.

2. Obey the law; ensuring accuracy, objectivity, honesty, publicity, democracy and timeliness.

3. There is no overlap in inspection scope, subjects, contents and time between agencies performing the inspection function; not obstruct the normal operation of agencies, organizations and individuals being inspected.

4. Conduct regularly, associated with the performance of tasks of the social insurance agency; detect, prevent and promptly handle violations of the law on payment of social insurance, unemployment insurance and health insurance; contributing to strengthening the effectiveness of state management in the fields of social insurance, unemployment insurance, and health insurance.

Chapter II

DUTIES AND POWERS OF AGENCIES IMPLEMENTING THE INDUSTRY SPECIALIZED INSPECTION ON SOCIAL INSURANCE PAYMENT, UNEMPLOYMENT INSURANCE, HEALTH INSURANCE #

Article 4. Agencies performing the specialized inspection function on payment of social insurance, unemployment insurance and health insurance

1. Vietnam Social Insurance.

2. Social insurance of provinces and centrally run cities (hereinafter abbreviated as Provincial Social Insurance).

Article 5. Duties and powers of Vietnam Social Insurance in performing the specialized inspection function on payment of social insurance, unemployment insurance and health insurance

1. Annually, based on the orientation of inspection program of the Government Inspectorate, state management agencies in charge of social insurance, unemployment insurance, health insurance and Vietnam Social Insurance, formulating, approving and organizing the implementation of specialized inspection plans on payment of social insurance, unemployment insurance and health insurance; submit inspection plans to report to the Government Inspectorate and state management agencies on social insurance, unemployment insurance, and health insurance.

2. Inspecting cases when detecting signs of violations of the law on payment of social insurance, unemployment insurance, health insurance or when approved by the head of the state management agency in charge of social insurance , unemployment insurance, health insurance assigned.

3. Monitor, urge and examine the implementation of conclusions, recommendations and post-inspection handling decisions of the Vietnam Social Security and the provincial Social Security.

4. Summarize and report on the results of specialized inspection on payment of social insurance, unemployment insurance and health insurance in accordance with the law on inspection with state management agencies in charge of insurance social insurance, unemployment insurance, health insurance.

5. Other duties and powers as prescribed by law.

Article 6. Duties and powers of the General Director of Vietnam Social Insurance in performing the function of specialized inspection on payment of social insurance, unemployment insurance and health insurance

1. Lead, direct, inspect and take responsibility before the Prime Minister, state management agencies in charge of social insurance, unemployment insurance and health insurance for specialized inspection activities. pay social insurance, unemployment insurance and health insurance according to the provisions of this Decree.

2. Decide on inspection according to the plan or as prescribed in Clause 2, Article 5 of this Decree and establish a specialized inspection team on payment of social insurance, unemployment insurance and health insurance.

3. Proposing the agencies specified in Clause 1, Article 5 of this Decree to handle the overlap in subjects, contents and time of inspection on payment of social insurance, unemployment insurance and health insurance.

4. Propose to competent authorities to amend, supplement and promulgate legal regulations in accordance with management requirements on social insurance, unemployment insurance, health insurance, and suspend or cancel remove illegal regulations discovered through inspection.

5. Sanctions of administrative violations according to the provisions of law.

6. Perform other tasks and exercise other powers as prescribed by law.

Article 7. Duties and powers of provincial Social Insurance in performing the specialized inspection function on payment of social insurance, unemployment insurance and health insurance

1. Annually, based on the orientation of inspection program of Vietnam Social Security, provincial inspectors, local state management agencies in charge of social insurance, unemployment insurance and health insurance , Provincial Social Insurance to develop, approve and organize the implementation of specialized inspection plans on payment of social insurance, unemployment insurance and health insurance in the province; submit the inspection plan to report to Vietnam Social Security, the provincial Inspectorate and the state management agency in charge of social insurance, unemployment insurance, and health insurance in the province.

2. To inspect cases when detecting signs of violations of the law on payment of social insurance, unemployment insurance, health insurance or when assigned by the head of the agency specified in Clause 1 of this Article.

3. Monitor, urge and inspect the implementation of conclusions, recommendations and decisions on handling after inspection on payment of social insurance, unemployment insurance and health insurance premiums of the provincial Social Insurance.

4. Summarize and report on results of specialized inspection on payment of social insurance, unemployment insurance and health insurance according to the provisions of the inspection law to the agencies specified in Clause 1 of this Article .

5. Other duties and powers as prescribed by law.

Article 8. Duties and powers of provincial-level Social Insurance Directors in performing the specialized inspection function on payment of social insurance, unemployment insurance and health insurance

1. Lead, direct, inspect and take responsibility before state management agencies in charge of social insurance, unemployment insurance and health insurance in the province and the General Director of Vietnam Social Insurance on specialized inspection activities on payment of social insurance, unemployment insurance and health insurance in the province.

2. Decide on inspection according to the plan or as prescribed in Clause 2, Article 7 of this Decree and establish a specialized inspection team on payment of social insurance, unemployment insurance and health insurance.

3. Proposing the agencies specified in Clause 1, Article 7 of this Decree to handle the overlapping of subjects, contents and time of inspection on payment of social insurance, unemployment insurance and health insurance premiums on province area.

4. Propose to competent authorities to amend, supplement and promulgate legal regulations in accordance with management requirements on social insurance, unemployment insurance, health insurance, and suspend or cancel remove illegal regulations discovered through inspection.

5. Sanctions of administrative violations according to the provisions of law.

6. Perform other tasks and exercise other powers as prescribed by law.

Article 9. Standards, regimes, uniforms and specialized inspection cards of persons assigned to perform specialized inspection tasks on payment of social insurance, unemployment insurance and health insurance

1. Criteria of the person assigned to perform the task of specialized inspection on payment of social insurance, unemployment insurance and health insurance:

a) Possessing a university degree or higher in a discipline relevant to the assigned specialized inspection task;

b) Understanding the guidelines and lines of the Party, policies and laws of the State;

c) Master the professional regulations, management rules related to the functions and tasks of the agency where they work;

d) Having a certificate of professional training in inspection issued by a competent state agency;

dd) Having at least 01 year of professional work related to the payment of social insurance, unemployment insurance, health insurance (excluding the probationary period).

2. Persons assigned to perform specialized inspection duties on payment of social insurance, unemployment insurance and health insurance premiums shall be granted specialized inspection uniforms and cards according to regulations of the General Director of Social Insurance. Vietnam; be entitled to a retraining regime when performing inspection tasks in accordance with law; be trained and retrained in the profession of specialized inspectors on payment of social insurance, unemployment insurance, and health insurance.

Chapter III

SPECIALIZED INSPECTION ACTIVITIES ON SOCIAL INSURANCE PAYMENT, UNEMPLOYMENT INSURANCE, HEALTH INSURANCE #

Article 10. Contents of specialized inspection on payment of social insurance, unemployment insurance and health insurance

1. Closed object.

2. Closing level.

3. Close method.

Article 11. Specialized inspection team on payment of social insurance, unemployment insurance and health insurance

1. The specialized inspection team on payment of social insurance, unemployment insurance and health insurance has the head of the inspection team and members of the inspection team; in case of necessity, have the deputy head of the inspection team; in which at least one member is the person assigned to perform the task of specialized inspection on payment of social insurance, unemployment insurance and health insurance.

2. The head of the specialized inspection team on payment of social insurance, unemployment insurance and health insurance shall perform the tasks and exercise the powers prescribed in Article 53 of the Inspection Law; take responsibility before law and inspection decision issuers for the performance of assigned specialized inspection tasks.

3. The head of a specialized inspection team on payment of social insurance, unemployment insurance and health insurance established by the decision of the General Director of Vietnam Social Insurance has the authority to sanction administrative violations according to regulations. in Clause 3, Article 46 of the Law on Handling of Administrative Violations.

4. The head of a specialized inspection team on payment of social insurance, unemployment insurance and health insurance established under the decision of the Director of the provincial Social Insurance is competent to propose the Director of the provincial Social Insurance or a person competent to handle violations of the law discovered through inspection.

5. Members of specialized inspection teams on payment of social insurance, unemployment insurance and health insurance have the duties and powers as prescribed in Article 54 of the Law on Inspection; take responsibility before law, head of inspection team and inspection decision issuer for the performance of assigned specialized inspection tasks.

6. The organization and operation of the specialized inspection team on payment of social insurance, unemployment insurance and health insurance shall comply with the provisions of Articles 16 to 28 of Decree No. 07/2012/ND-CP dated February 09, 02 of the Government on regulations on agencies assigned to perform the specialized inspection function and specialized inspection activities.

7. Forms of documents in specialized inspection activities on payment of social insurance, unemployment insurance and health insurance shall comply with regulations of the Government Inspector.

Article 12. Assurance of operating funds of the social insurance agency in performing the function of specialized inspection on payment of social insurance, unemployment insurance and health insurance

1. Operational funds of the social insurance agency in performing the function of specialized inspection on payment of social insurance, unemployment insurance and health insurance shall be included in the estimate of insurance management expenses. social insurance, unemployment insurance, health insurance according to the provisions of the law on financial management for Vietnam Social Insurance.

2. The social insurance agency is entitled to deduct a part of the late payment interest penalty detected through the inspection to support the capacity building of inspection activities, strengthen facilities and reward and motivate organizations and individuals. individuals with achievements in specialized inspection work on payment of social insurance, unemployment insurance, and health insurance. The above expenditures shall be made in accordance with the provisions of law.

Chapter IV

TERMS ENFORCEMENT #

Article 13. Enforcement

This Decree comes into force from July 01, 6.

Article 14. Responsible for implementing

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and centrally-run cities, and the relevant organizations and individuals shall be responsible for the implementation of this Decree. ./