In order to institutionalize the Party's policy in Resolution No. 28-NQ/TW dated May 23, 2018 of the 7th Conference of the 12th Central Executive Committee on social insurance reform, on June 29, 2024, the 15th National Assembly passed the Social Insurance Law No. 41/2024/QH15 (referred to as the Social Insurance Law 2024) and it will take effect from July 1, 2025.
The Law continues to affirm the position, functions and powers of the Social Insurance Management Council organized at the national level, responsible for assisting the Government and the Prime Minister in directing and supervising the activities of social insurance agencies and advising on social insurance, unemployment insurance and health insurance policies.
In order to "consolidate and enhance the operational capacity of the Social Insurance Management Council" with the goal of not delaying or missing work, serving people and businesses better, while ensuring thorough understanding and conformity with the Central's orientation and direction on consolidating, arranging and streamlining the apparatus of the State agency system, meeting the requirements and tasks of the country in the new context and situation, the Ministry of Home Affairs has submitted to the Government for promulgation Decree No. 197/2025/ND-CP dated July 7, 2025 stipulating the order and procedures for establishment, working regime, responsibilities, operating expenses and supporting apparatus of the Social Insurance Management Council.
The Decree is issued on the basis of inheriting the relevant contents for the Social Insurance Management Board in Decree No. 19-CP dated February 16, 1995 on the establishment of Vietnam Social Insurance and stipulating the functions, tasks, powers, and organizational structure of Vietnam Social Insurance and providing more guidance and specificity to the regulations related to the Social Insurance Management Board stipulated in the Law on Social Insurance 2024.
The Decree also stipulates the procedures for establishment, working regime, responsibilities, operating expenses and supporting apparatus of the Social Insurance Management Council with many new points, specifically as follows:
The Social Insurance Management Board has the duties, powers and responsibilities to approve the social insurance industry development strategy, long-term and 5-year plans on implementing policies and laws on social insurance, unemployment insurance, health insurance, long-term investment strategies before the social insurance agency submits them to competent authorities for approval; Annual plans on implementing policies and laws on social insurance, unemployment insurance, health insurance.
Along with that are annual reports on the implementation of policies and laws on social insurance, unemployment insurance, health insurance; the management and use of social insurance, unemployment insurance, health insurance funds before the social insurance agency submits them to competent authorities.
Annual estimates of revenue and expenditure of social insurance, unemployment insurance, and health insurance funds; expenditure levels for organization and operation of social insurance, unemployment insurance, and health insurance; final settlement reports on expenditures for organization and operation of social insurance before the social insurance agency submits them to the competent authority. Projects and plans for preservation and growth of social insurance, unemployment insurance, and health insurance funds.
In addition, the operation of the Social Insurance Management Council under the new model has overcome the problem of sharing the seal with the National Emblem of Vietnam Social Security and ensuring the independent operation of the Social Insurance Management Council with the role of assisting the Government and the Prime Minister in supervising the activities of social insurance agencies and advising on social insurance, unemployment insurance, and health insurance policies.
The Decree is expected to be a strong and drastic solution to remove institutional barriers, overcome bottlenecks, and unblock resources, helping the Social Insurance Management Council to facilitate its direction in accordance with the new legal position for the activities of Vietnam Social Insurance.
The structure of the Social Insurance Management Council ensures the participation rate of the tripartite mechanism (State, employer, employee). In which, there is a full-time Vice Chairman of the Social Insurance Management Council to improve operational efficiency and ensure a certain independence and objectivity when "the Social Insurance Management Council is established by the Government, including the Chairman who is the Minister of Finance, a Vice Chairman and members".
Members of the Social Insurance Management Council include: Representatives of deputy heads of agencies, ministries and branches including: Vietnam General Confederation of Labor, Ministry of Home Affairs, Ministry of Health, Ministry of National Defense, Ministry of Public Security, State Bank of Vietnam, Vietnam Farmers' Association, Vietnam Cooperative Alliance, Vietnam Federation of Commerce and Industry and Director of Vietnam Social Insurance (no longer an independent agency under the Government).
Decree No. 197/2025/ND-CP continues to inherit and promote the advantages when stipulating that members of the Social Insurance Management Council are representatives of ministries, branches, and agencies and are allowed to use cadres, civil servants, and public employees of their ministries, branches, and agencies to provide advice and assistance.
The operating budget of the Social Insurance Management Board and its supporting apparatus is arranged in the budget for the organization and operation of social insurance, unemployment insurance, health insurance and other legal funding sources according to the provisions of law... This is a concrete step, innovating thinking in law-making, ensuring the requirements of State management while encouraging creativity, liberating all productive forces, unleashing all resources in accordance with the direction of General Secretary To Lam, restructuring the team of cadres, civil servants and public employees in the direction of being lean, compact, strong, operating effectively, efficiently and effectively without creating additional focal points and staffing in the spirit of Resolution 18-NQ/TW.
Source: https://nhandan.vn/kien-toan-nang-cao-nang-luc-hoi-dong-quan-ly-bao-hiem-xa-hoi-post891931.html
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