The Court of the People's Court in Thanh Hoa has been the first test of a lawsuit on the & # 39; Administrative case of "Law against the Determination of Postponement, Social Insurance" and "Decision on the" situation of objections "between: Huu Hien (SN 1960, in Thuong Xuan, Thuong Xuan district), defendant Ngo Dinh Hung, Director of Taxation Division Thanh Hoa area.
Tune Division of Thanh Hoa area.
According to the petition and settlement process at the Court of Justice, Mr Hien added: Mr Hien is a public officer, working at Thuong Xuan District Taxation Division and his / her; holds the post of Head of Department. Mr Hien's birth certificate and other identity such as ID, Citizenship and Identity Card (DCCC), home registration book, party membership record and all types of professional certificates show her birthday day 8/8/1960. The date, month, birthdays recorded in the civil servant and social insurance register Mr Hien, dated March 27, 1958.
Mr Hien asked her Tax and Social Insurance Agency to review her date, month and month. birthday in civil servant and social insurance registers according to their birth certificate but unresolved.
On January 15, 1818, Mr Hien obtained an Àir decision. 15QD-CT dated 5/1/2018 when he retired to enjoy the social insurance system at the Thanh Hoa District Taxation Director.
Acknowledging that this decision was unlawful, Mr Hien complained to the Thanh Hoa District Taxation Department to consider his legitimate duties. 13 March 1818, the Thanh Hoa Taxation Department passed a Decision 292 / QD-CT regarding the situation of objections by Mr Hien.
Determination above Determination: Thanh Hoa Taxation Department is not authorized to be able to; birth certificate of birth certificate and records of members of the parties called Hu Hu Hien and they are not authorized to change their birth date in the public records. officers.
Mr Hien said he was born on 8/8/1960, on 8/8/2020 he was only 60 years old. Currently (in 2018), he is 58 years old, without being entitled to retire from law. The Thanh Hoa Taxation Department, based on the date of birth in the civil servant's file for retiring when he was under 60, was illegal, preventing his or her rights and his legitimate interests.
Combining a complaints procedure from the Director of Thanh Hoa Taxation Department, Mr Hien has sent a lawsuit to the Thanh Hoa People's Court, requesting the decision to be erased on his / her. retirement and decision to do & # 39; Situation of objections from the Director of Thanh Hoa Taxation Division. South Westerly
After checking the documents and the source file evidence, which will be checked at & # 39; the trial and based on the result of the debate, the Panel decides that a & # 39; case under the jurisdiction of the Provincial Thanh Hoa Court; The legal status of Mr Le Huu Hien's birth certificate is correct.
Personal papers in the name, birth date of Mr Le Huu Hien, such as: ID card, IDC, university diploma, secondary graduation certificate, family record book, party party records are consistent with the birth certificate which was given to Mr Hien on 1/6/2016 of the Tho Thanh commune People's Committee, Thuong Xuan area.
Mr Hien's official records are handled by the Thanh Hoa Taxation Department, without birth certificates and basic documents that show Mr Hien, born in 1960, as his military army, his party.
According to the court of the People's Court in Thanh Hoa, in the management of civil service registrations, there are many documents that are in place; shows different years of birth and the Thanh Hoa Taxation Department has received an official letter requesting the change of day, month, year of birth, he must ask Mr Hien to give birth certificate to determine Mr Hien's periodic rights registers by content the birth certificate as specified in Clause 3, Article 6, Schedule 123/2015 / ND-CP dated 15/11/2015 of the Government. However, the Thanh Hoa Taxation Department has not been complying with these regulations.
Check the date, month and year of Mr Hien's birth as stated in the birth certificate and provisions Article 54 – Law on Social Insurance No. 58/2014 / QH13, at the time of the Thanh Hoa Taxation Division Determination of Mr Hien Dispensation Depending on Social Insurance from April 1, 2018, when Mr Hien is more Less than 60 years of age are illegal today.
At the same time, the Thanh Hoa Taxation Department requested Mr Hien to comply with the QD No. 15QD-CT January 5, 1818 when no document of the relevant authority changes the date, month, year of Mr Hien is also illegal.
Mr Hien was a member at the time he filed an application on his date, his month and birthday, which did not block the rules and date of Mr Hien's birth The birth certificate amended by 8/8/1960 It was also the original image of the parties when it was admitted to the Party on 8 March 1982 at the 27th Regiment Party Committee, Section 390, Corps 1, Ministry of Defense.
HĐXX found Mr Hien's lawsuit opposed the unannounced head of the Thanh Hoa Taxation Division. So, there must be an Àir Determination. 15 / QD-CT closing date 5/1/2018 and No. Decision. 292 / QD-CT dated 13 March, 1818 of Thanh Hoa Taxation Department. To restore the Thanh Hoa Taxation Department to bring all the benefits and rules back to Mr Hien.
Thanh Hoa People's Conclusion: Agreeing a full-time legal campaign by Mr Le Huu Hien.
Thanh Hoa's People's Court department decided: To accept the petition made by Mr Le Huu Hien; Decision 15 / QD-CT dated 5/1/2018 on Mr Hien retiring from Social Insurance scheme by 1/4/2018 and Legislation No. 292 / QD-CT 13 March 1818 with the Thanh Hoa Taxation Department to Mr Hien.
By expressing the Thanh Hoa Taxation Department for its revision of all the benefits and regulations for Mr Hien, he is entitled to Thuong Xuan District Charges Department as before April 1,
Acknowledging Mr Hien's agreement and representative of Thanh Hoa's social insurance: When the judge has a legal impact, Mr Hien will give him the pension and other money he has received for the return of social insurance. The social insurance insurance will issue Decision 868 / QD-BHXH, 1/4/2018.