Solutions to Improve the Efficiency of Handling Violations of Social Insurance Law

It is necessary to supplement the full specialized inspection function for the social insurance sector, accordingly, it is necessary to study and amend and supplement the 2014 Social Insurance Law in the direction of supplementing the specialized inspection function on settlement, payment, settlement of social insurance regimes and appraisal, settlement of health insurance medical examination and treatment costs for social insurance agencies and study and amend and supplement Decree No. 21/2016/ND-CP dated March 31, 2016 regulating the implementation of the specialized inspection function on social insurance, unemployment insurance, and health insurance contributions of social insurance agencies in the direction of supplementing the full specialized function for social insurance agencies, because social insurance agencies have a vertical inspection and examination organization structure from the central to provincial levels and have a sufficient team of specialized inspectors on social insurance, unemployment insurance, and health insurance contributions, and have been fully trained and fostered in inspection skills; have expertise and skills in social insurance and health insurance policies and regimes, have sufficient capacity to perform the task of inspecting the implementation of health insurance contracts, and manage payments to ensure the regime for employees at the employer.

3.3. Solutions to improve the effectiveness of handling violations of social insurance laws

3.3.1. Reforming administrative procedures in handling social insurance regimes

Creating favorable conditions for employers and employees to participate in and enjoy social insurance regimes in accordance with the provisions of law should continue to be considered an important political task of the Social Insurance Industry to contribute to stabilizing the material and spiritual life of employees, ensuring political security and social security.

In 5 years (from 2013-2017), the number of administrative procedures in the field of social insurance has been sharply reduced from 115 procedures to 28 procedures (a reduction of over 75%). In 2017 alone, it was reduced from 32 procedures to 28 procedures and by 2019 to 27 procedures [3] (currently these 27 procedures have all been updated).

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update the national database on administrative procedures, publicize it on the Social Insurance sector's electronic information page and organize the listing at the Department of receiving and returning administrative procedure results of the Social Insurance agencies at the provincial and district levels, ensuring that organizations and individuals can easily access and conveniently handle their work); shorten the time limit for issuing social insurance books from 20 days to 5 days, health insurance cards from 7 days to 5 days (for unemployment benefit beneficiaries, no more than 2 days from the date of receiving complete documents as prescribed), re-issuing health insurance cards without changing information is done within the day.

In particular, the number of hours for administrative procedures decreased from 335 hours in 2016 to 49 hours/year in 2017. With the implementation of electronic transactions in all stages (from collection, payment to payment management), the number of times performing electronic transactions decreased from 12 times/year to 1 time/year. Notably, in 2017, Vietnam Social Security ranked 2nd/20 among ministries and branches in terms of readiness to apply information technology, up 18 places compared to 2016 and was the leading unit among government agencies in applying information technology to develop e-Government in 2018.

To continue to improve the effectiveness of administrative procedure reform in resolving social insurance regimes, the Social Insurance Industry needs to continue to consider administrative procedure reform as one of the important tasks to save costs and time for organizations and individuals when conducting social insurance transactions. Accordingly, it is necessary to strengthen the review and assessment of the necessity, legality, rationality and effectiveness of current administrative procedure regulations, proactively cut unnecessary procedures and minimize the cost of compliance with administrative procedures, strictly control the issuance of new regulations on administrative procedures and the emergence of administrative procedures outside of regulations, create all favorable conditions for people to access services and resolve social insurance regimes and policies in a public and transparent manner, ensuring the legitimate rights and interests of workers.

Along with the implementation of the "one-stop" mechanism for interconnection and electronic transactions, it is necessary to supplement and amend the regulations on decentralization in the operation, management and settlement of procedures related to social insurance and health insurance. It is necessary to continue to improve the process of receiving, returning documents and settling each type of work related to reviewing the regime, printing and issuing social insurance books and health insurance cards at the provincial and district levels (to clarify the implementation steps, implementation time and responsibilities of each organization and individual), to promote the responsibility of social insurance agencies in ensuring full rights of participants and beneficiaries of social insurance, health insurance and unemployment insurance regimes (reviewing documents for benefits, paying social insurance and health insurance regimes; printing and issuing social insurance books and health insurance cards).

3.3.2. Applying information technology in management to limit violations of social insurance laws

Applying information technology in management is considered one of the important solutions to limit violations of social insurance laws, focusing on building a software system for managing social insurance activities, building a centralized database of the entire social insurance industry.

Building modern, interconnected business software to share information and perform social insurance review and management operations on software in a complete, automatic, unified, public, and transparent manner is an important measure to limit violations of social insurance laws. It is necessary to build and gradually use electronic social insurance cards to replace current social insurance books, accordingly, all data on social insurance participation, salary fluctuations, contribution levels, personal changes, etc. are managed on unified software nationwide, the settlement of social insurance regimes will not depend on social insurance books as at present, upgrading existing software to ensure business applications, maintain stable operations and meet urgent requirements on changes and arising business operations; in addition, it is necessary to soon complete

Improving the connection of the social insurance beneficiary database with the social insurance regime review program and other databases, this has a practical effect in looking up information when resolving requests for re-issuance of social insurance books as well as in resolving social insurance regimes. In addition, this is also the basis for conducting reviews (post-audits) at Vietnam Social Security. Upgrading security features and decentralization in performing operations to ensure that traces are kept when there are interventions to edit program data also contributes to determining the responsibilities of individuals in performing operations.

In particular, it is necessary to continue to improve and upgrade the inspection and examination software - a software in the application software system of Vietnam Social Security to modernize management work, reduce the use of paper documents and handwritten books; save time for staff in reporting and summarizing; support utilities to improve the efficiency of inspection and examination work, at the same time, the management of inspection and examination activities is more comprehensive, comprehensive and synchronous from district and town Social Security to provincial Social Security and Vietnam Social Security...

3.3.3. Improving the capacity of the inspection and examination staff of the Social Insurance sector

The main factor affecting the results of inspection, examination and handling of violations in the field of social insurance is the human factor doing the inspection and examination work, including the political qualities, professional capacity and sense of responsibility of the staff.

Strengthening the training and professional development for officers doing inspection and examination work in general and officers doing inspection and examination work in the social insurance sector in particular to have moral qualities, skills and experience to complete assigned tasks well is a job of long-term significance for consolidating and developing human resources to improve the effectiveness of development work.

detect and handle violations in the field of social insurance. Every year, it is necessary to organize training courses, refresher courses, and professional training courses on inspection and examination in each specific field to provide practical and useful content, equip with a lot of necessary and specialized knowledge and skills, at the same time, exchange and answer specific situations and problems arising in the process of implementing inspection and examination in practice at the unit, thereby helping staff improve their qualifications, professional skills, learn from inspection and examination experiences in the field of social insurance and equip them with basic knowledge about the order and procedures for conducting an inspection and examination, principles of implementation, rights and obligations of inspection and examination subjects, sample documents in inspection and administrative sanctioning activities; the collection, verification, collection of documents and evidence, the implementation of order and procedures when violations show signs of crime, ...

It is necessary to continue to organize professional training for social insurance and health insurance officers at labor-using units to grasp the regulations and guidelines to coordinate well the implementation of regimes and policies in each unit; promote the movement of studying the ideology and moral example of Ho Chi Minh to become a regular task; effectively implement the Regulations on "Ethical standards for cadres, party members, civil servants and public employees of the social insurance sector" to improve moral qualities, sense of responsibility, professional qualifications, management and operation capacity to better serve the people. Raise awareness of social insurance officers about the mindset of serving and providing public services to beneficiaries who are social insurance participants and receive assessments of satisfaction with the products and services that the social insurance sector provides to them. The satisfaction level of these customers is the basis for evaluating the capacity, work efficiency as well as reward policies for officers.

In addition, it is necessary to periodically evaluate and classify the staff, civil servants and public employees and arrange jobs suitable to their qualifications, abilities and experience.

Each person has a defined job position; assign tasks clearly and specifically in conjunction with the authority and responsibility of each organization and individual; regularly train and improve the qualifications of staff, civil servants and public employees to meet the work requirements of each position in order to improve work quality and efficiency.

3.3.4. Strengthening propaganda, legal education and publicizing information on the handling of violations of the law in the field of social insurance.

It is necessary to promote the dissemination and education of social insurance laws to all people participating in social insurance, especially employers and employees, so that they understand their rights and obligations when implementing social insurance regulations, thereby minimizing violations due to lack of understanding of the provisions of the law. When they know the strict sanctions applied to illegal acts in the field of social insurance, they will be more cautious when implementing them to avoid falling into cases of violating regulations. When violations occur, they will strictly comply with the sanctioning decisions of competent state agencies and remedy the consequences caused. Accordingly, the content of propaganda needs to focus on acts considered as violations of the law in the field of social insurance, the authority to impose sanctions, forms of sanctions, levels of sanctions, remedial measures, etc. The forms of propaganda and education also need to be more diverse and rich, combining many different ways of expression: Through Central and local television and radio stations, creating websites, organizing competitions to learn about violations of the law in the field of social insurance, hanging banners and posters with slogans of strictly complying with the law on social insurance, etc.

It is necessary to strengthen the role of information tools, publicize information on violations and handle violations in the field of social insurance. The content of information disclosure is to praise entities that perform well and criticize those that do not.

The purpose of this is to put pressure on entities that have not strictly implemented the law and to encourage entities that have strictly implemented the law in the field of social insurance.

3.3.5. Strengthening coordination between competent authorities in handling violations in the field of social insurance.

Actively implementing coordination regulations, especially coordination in sharing information between the Social Insurance agency and relevant agencies in the work of preventing and combating crimes and illegal acts related to Social Insurance, contributes significantly to protecting economic management order and ensuring social order and safety: Coordinate with tax agencies in exchanging information about organizations and individuals paying income from wages participating in compulsory social insurance contributions and paying taxes to coordinate in managing the collection of social insurance contributions, ...

It is necessary to strengthen the coordination between functional units in the management and fight against crimes and illegal acts in the field of social insurance, through the signing and implementation of coordination regulations, especially the coordination between Vietnam Social Security and the Ministry of Public Security to continue to maintain and improve the effectiveness of the fight against crimes (Coordination regulation No. 3461/QCPH-TCCS-BHXH dated August 16, 2017 between the General Department of Police and Vietnam Social Security in the work of preventing and fighting crimes and illegal acts in social insurance, health insurance, unemployment insurance, accordingly: It is necessary to seriously implement the principles, contents and methods of coordination at all levels (central, provincial, district levels) between the police force for crime prevention and fighting and administrative management of social order and safety and Vietnam Social Security to strengthen, improve the responsibility and effectiveness of crime prevention and fighting and illegal acts, contributing to ensuring security, maintaining order and safety in activities. Social insurance, unemployment insurance, health insurance.

In addition, it is necessary to fully implement the coordination contents: Coordination

Prevent and combat crimes and violations of law in the fields of social insurance, unemployment insurance and health insurance; coordinate in detecting, investigating and handling criminal violations in the fields of social insurance, unemployment insurance and health insurance; coordinate in protecting the assets of the State, collectives and individuals, the legitimate rights and interests of social insurance agencies at all levels and coordinate in ensuring safety for the operations of social insurance agencies.

The coordination relationship between the two sides is a mutual support relationship based on compliance with the provisions of law and in accordance with the functions, tasks and powers of each side. The coordination must be regular, timely and effective; at the same time, ensuring the initiative, positivity, synchronization and unity in the direction and management of the General Department of Police and the Vietnam Social Security. Regularly provide and exchange information on activities related to crime prevention and combat and illegal acts in the fields of social insurance, unemployment insurance and health insurance. The exchange of information and documents related to crime prevention and combat and illegal acts in the fields of social insurance, unemployment insurance and health insurance must be approved by competent leaders and in accordance with the provisions of law.

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