On June 13th, 2023, Ho Chi Minh’s Social Insurance On June 13, 2023, Ho Chi Minh City Social Security issued Official Letter No. 2747/BHXH-TST ("Official Letter 2747") guide the signing of contracts for voluntary social insurance collection services, self-closing health insurance (hereinafter referred to as "Service organizations").
Accordingly, Ho Chi Minh City Social Insurance guides the signing and implementation of the contract authorizing the collection of social insurance and health insurance in Ho Chi Minh City as follows:
1. Conditions for service organizations to enter into contracts authorizing the collection of social insurance and health insurance ("Contract")
a. Having a business license;
b. Register to participate in and pay social insurance and health insurance for employees, including the legal representative of the service organization.
- In case the legal representative has participated in compulsory social insurance elsewhere or is receiving a pension, the social insurance code shall be provided for inspection and review by the social insurance agency.
- In case you are not subject to compulsory social insurance, register for voluntary social insurance.
c. Having a Letter Guarantee/ Guarantee Contract from a credit institution as prescribed.
d. There are at least 03 collection points in the area. Including 01 collection point at the registered business address. Each collection point has at least 01 collection staff to campaign for the collection.
e. Ensure premises, technical, financial, and human resources to develop and retain participants in voluntary social insurance and household health insurance.
2. Service organizations must deposit at least VND 150 million
- The first deposit (first year) is VND 150 million.
- Next year's deposit will be adjusted upwards if the average value of voluntary social insurance and health insurance collection last year is greater than VND 150 million.
- The Social Insurance Agency reviews and redetermines the deposit amount before January 15 every year.
This regulation is quite specific, not in the Regulation on Management of Activities of social insurance and health insurance collection service organizations issued under Decision 1155/QD-BHXH dated May 12th, 2022 of Vietnam Social Insurance. Thus, in addition to the condition that a guaranteed contract from a credit institution is required when signing the contract, Ho Chi Minh City Social Insurance also requires the service organization to maintain the deposit amount at the credit institution during the entire service fee collection process. However, Official Letter 2747 does not provide specific instructions on the form, duration, and issues related to this deposit. This will leave service organizations confused in the implementation process.
3. Where the registered address is only tolled and campaigned for toll collection in that area
- Address registered on the business license in any district or district, the service organization shall sign a contract with the social insurance agency of that district or district and may only mobilize and develop participants and collect in that district or district.
- Service organizations may only collect inter-district fees when approved by the Ho Chi Minh City Social Insurance and signed an inter-district toll collection contract.
4. Do not renew the contract that expires on June 30, 2023, if the number of people participating in voluntary social insurance or household health insurance at this date is lower than the number on December 31, 2022
- If the Contract expires on June 30, 2023, and the number of people participating in voluntary social insurance and household health insurance on June 30, 2023, is lower than on December 31, 2022, the District Social Insurance shall liquidate the Contract.
- The letter of guarantee will be returned to the service organization at least 03 months from the date of liquidation of the Contract.
5. Review and evaluate valid contracts to consider and terminate contracts when service organizations violate regulations
- Failure to comply with the provisions of Vietnam Social Insurance.
- Do not compare receipts with the social insurance agency no later than the 15th of every month for 02 consecutive months.
- No social insurance and health insurance collectors have been trained and issued employee cards at each collection point registered with the social insurance agency.
- Do not use receipts issued by the issuing social insurance agency.
- Failing to meet participant development targets assigned by the social insurance agency.
- Failure to pay money or improper payment of the amount collected as prescribed.
Official Letter 2747 is effective from the date of issuance.
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