THE VIETNAM SOCIAL SECURITY ------- | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- |
No. 505/QD-BHXH | Hanoi, March 27, 2020 |
DECISION
Amending and supplementing a number of articles of Procedures for collection of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums; management of social insurance books and health insurance cards issued together with Decision No. 595/QD-BHXH dated April 14, 2017 of the Director General of Vietnam Social Security
THE GENERAL DIRECTOR OF VIETNAM SOCIAL SECURITY
Pursuant to the Law No. 58/2014/QH13 dated November 20, 2014 on Social Insurance;
Pursuant to the Law No. 25/2008/QH12 dated November 14, 2008 on Health Insurance; the Law No. 46/2014/QH13 dated June 13, 2014 on Amending and Supplementing a number of Articles of the Law on Health Insurance;
Pursuant to the Law No. 38/2013/QH13 dated November 16, 2013 on Employment;
Pursuant to the Law No. 84/2015/QH13 dated June 25, 2015 on Occupational Safety and Health;
Pursuant to the Government's Decree No. 01/2016/ND-CP dated January 05, 2016, on defining the functions, tasks, powers and organizational structure of the Vietnam Social Security;
At the request of Heads of the Department of Contribution Collection and Department of Social Insurance Book and Health Insurance Card.
DECIDES:
Article 1. Amending and supplementing a number of articles of Procedures for collection of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums; management of social insurance books and health insurance cards issued together with Decision No. 595/QD-BHXH dated April 14, 2017 of the Director General of Vietnam Social Security as follows:
1. To amend and supplement Point 2.1, Clause 2, Article 2 as follows:
“2.1. Unit: refers to any agencies, units, enterprises or organizations employing employees or managing persons covered by the compulsory social insurance, health insurance, unemployment insurance, occupational accident and disease insurance.”
2. To amend and supplement Point 2.6, Clause 2, Article 2 as follows:
“Dossier-receiving section: refers to the section in charge of receiving dossiers for and notifying results of performance of administrative procedures according to the single-window and inter-agency single-window mechanism of a provincial-level or district-level social security department.”
3. To amend and supplement Point 2.11, Clause 2, Article 2 as follows:
“Social insurance, health insurance, unemployment insurance premium, occupational accident and disease insurance premium debt means to the amount of social insurance, health insurance, unemployment insurance premium, occupational accident and disease insurance premium paid late by a unit, agency of labor, invalids and social affairs, financial agency or participant (including late-payment interest) in accordance with law provisions.”
4. To amend and supplement Point 2.12, Clause 2, Article 2 as follows:
“2.12. Social insurance book confirmation means the period during which a participant’s paid social insurance, unemployment insurance premium, and occupational accident and disease insurance premium have been completely accounted and allocated.”
5. To add Item dd, Point 1.2, Clause 1, Article 3 as follows:
“dd) Collect voluntary social insurance premiums; collect health insurance premiums of participants residing in provinces.”
6. To amend and supplement Item a, Point 2.1, Clause 2, Article 3 as follows:
“a) Grant, re-grant, adjust and confirm social insurance books, record the period of payment of unemployment insurance premiums during which the participants have not yet received any unemployment allowance, and record the period of payment of social insurance, unemployment insurance and occupational accident and disease insurance premiums of participants at units directly collected by district-level social security departments; participants whose periods of payment of social insurance, unemployment insurance and occupational accident and disease insurance premiums are reserved in other districts or provinces.”
7. To amend and supplement Item a, Point 2.2, Clause 2, Article 3 as follows:
“a) Grant, re-grant, adjust and confirm social insurance books, record the period of payment of unemployment insurance premiums during which the participants have not yet received any unemployment allowance, and record the period of payment of social insurance, unemployment insurance and occupational accident and disease insurance premiums of participants at units directly collected by provincial-level social security departments; participants who have already received social insurance allowances or participants whose periods of payment of social insurance, unemployment insurance and occupational accident and disease insurance premiums are reserved in other districts or provinces.”
8. To amend and supplement Point 3.1, Clause 3, Article 3 as follows:
“3.1. District-level social security departments shall grant, re-grant or renew health insurance cards of participants whose health insurance premiums are directly collected by them.”
9. To amend and supplement Clause 2, Article 4 as follows:
“2. Employees who are foreign nationals working in Vietnam covered by compulsory social insurance when they possess work permits, practice certificates or practice licenses granted by competent Vietnamese agencies, or enter into indefinite-term labor contracts or labor contracts with a term of one year or more with employers in Vietnam. Employees complying with the company’s internal reassignments under Clause 1, Article 3 of the Government’s Decree No. 11/2016/ND-CP dated February 03, 2016, on detailing a number of articles of the Labor Code regarding foreign workers in Vietnam, and employees being at the retirement age in accordance with Clause 1, Article 187 of the Labor Code shall not be covered by compulsory social insurance.”
10. To amend and supplement Point 1.5, Clause 1, Article 5 as follows:
“1.5. For employees specified in Clause 2, Article 4: From January 01, 2022, on a monthly basis, they shall pay 8% of their monthly salary to the retirement and survivorship allowance fund.”
11. To add Point 2.3, Clause 2, Article 5 as follows:
“2.3. A unit shall, on a monthly basis, make payments calculated based on the salary funds on which social insurance premiums are based for employees defined in Clause 2, Article 4 as follows:
a) 3% to the sickness and maternity fund;
b) 14% to the retirement and survivorship allowance fund from January 01, 2022.”
12. To amend and supplement Point 1.2, Clause 1, Article 6 as follows:
“1.2. For employees defined at Point 1.6, Clause 1, Article 4, the monthly salary on which social insurance premiums are based shall be the basic salary (Vietnamese Dong).”
13. To amend and supplement Clause 2, Article 7 as follows:
“2. For units being enterprises, cooperatives, individual business households, cooperative groups engaged in the fields of agriculture, forestry, fishery or salt making with employees who enjoy product-based or piecework-based salaries, the payment of social insurance premiums may be made every 3 months or every 6 months by registering with social security agencies; social security agencies shall coordinate with labor agencies in implementing inspection in the units before deciding the units’ methods of payment. Depending on methods of payment, by the last day of the payment period at the latest, the units must sufficiently pay the premiums to the social insurance funds.”.
14. To amend and supplement Point 1.6, Clause 1, Article 9 as follows:
“1.6. Make lump sum payment of premiums for the insufficient years for persons fully satisfying the age requirement for pension enjoyment whose period of social insurance premium payment is short of 10 years (120 months) at most, they may pay additional insurance premiums for full 20 years for pension enjoyment. In case of participating in the compulsory social insurance, they may make lump sum payment of voluntary social insurance premium for unpaid years in the due month when they reach the age required for pension enjoyment.”
15. To amend and supplement Point 3.3, Clause 3, Article 17 as follows:
“3.3a. People with meritorious services to the revolution under the provisions of the Ordinance on preferential treatment for people with meritorious services to the revolution.
3.3b. Veterans, including:
a) Veterans engaged in wars from April 30, 1975 or earlier as specified in Clauses 1, 2, 3 and 4, Article 2 of Decree No. 150/2006/ND-CP dated December 12, 2006 of the Government, detailing and guiding the implementation of a number of articles of the Ordinance on Veterans, which is amended and supplemented in Clause 1, Article 1 of Decree No. 157/2016/ND-CP dated November 24, 2016 of the Government, on amending and supplementing the Government’s Decree No. 150/2006/ND-CP dated December 12, 2006, detailing and guiding the implementation of a number of articles of the Ordinance on Veterans.
b) Veterans engaged in wars after April 30, 1975 as specified in Clause 5, Article 2 of Decree No. 150/2006/ND-CP dated December 12, 2006 of the Government, detailing and guiding the implementation of a number of articles of the Ordinance on Veterans and Clause 1, Article 1 of Decree No. 157/2016/ND-CP dated November 24, 2016 of the Government, amending and supplementing the Government’s Decree No. 150/2006/ND-CP, including:
- Army men and defense workers and employees already receiving allowances in accordance with Decision No. 62/2011/QD-TTg dated November 9, 2011 of the Prime Minister on providing for regimes and policies for persons engaged in wars for protection of the nation and international services in Cambodia and Laos after April 30, 1975 who have already been retired, discharged from the army or cease working;
- Officers, professional army men, non-commissioned officers, soldiers, defense workers and employees directly engaged in wars for protection of the nation, international services in Cambodia and Laos after April 30, 1975, who are are transferred to work as civil servants in agencies, organizations and enterprises (not enjoy the allowances under the Decision No. 62/2011/QD-TTg);
- Officers, professional army men already fulfilling their tasks during construction and protection of the nation, who have been discharged from the army, retired or transferred to work as civil servants in agencies, organizations and enterprises;
- Militia and self-defense forces engaged in combats or combat services after April 30, 1975 who have already enjoyed the allowances under the Decision No. 62/2011/QD-TTg.
3.3c. Persons engaged in the war for protection of the nation, including:
a) Persons engaged in the war against the United States who have enjoyed the allowances in accordance with one of the following documents:
- Decision No. 290/2005/QD-TTg dated November 01, 2005 of the Prime Minister, providing for regimes and policies for a number of persons engaged in the war against the United States who have not yet received any policies of the Party and the State;
- Decision No. 188/2007/QD-TTg dated December 06, 2007 of the Prime Minister, on amending Decision No. 290/2005/QD-TTg dated November 01, 2005 of the Prime Minister, providing for regimes and policies for a number of persons engaged in the war against the United States who have not yet received any policies of the Party and the State;
- Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister, on performance of regimes for army men engaged in the war against the United States who have less than 20 years working in the army and are now discharged from the army or demobilized to return to their localities;
b) Persons who have already enjoyed the allowances in accordance with the Decision No. 62/2011/QD-TTg, but are not veterans defined at Point 3.3b, Clause 3 of this Article;
c) People’s Public Security officers and men engaged in the war against the United States who have less than 20 years working for the People’s Public Security who have cease working or returned from the People’s Public Security to their localities and have enjoyed the allowances under Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Prime Minister, on defining regimes for People’s Public Security officers and men engaged in the war against the United States who have less than 20 years working for the People’s Public Security who have cease working or returned to their localities;
d) Young volunteers who have enjoyed the allowances in accordance with Decision No. 170/2008/QD-TTg dated December 18, 2008 of the Prime Minister on health insurance, funeral allowance for young volunteers engaged in the war against France, the Decision No. 40/2011/QD-TTg dated July 27, 2011 of the Prime Minister, on defining regimes for young volunteers who have fulfilled their duties in the war and Decree No. 112/2017/ND-CP dated October 06, 2017 of the Government, on providing for regimes and policies applicable to South-based young volunteers engaged in the war during the 1965 -1975 period;
dd) Frontline laborers engaged in the war against France, the United States or international services who have already enjoyed the allowances under Decision No. 49/2015/QD-TTg dated October 14, 2015 of the Prime Minister, on providing for a number of regimes and policies applicable to frontline laborers engaged in the war against France, the United States or international services.”
16. To amend and supplement Point 3.7, Clause 3, Article 17 as follows:
“3.7. Members of poor households determined according to the criteria of incomes, members of multi-dimensionally poor households that suffer a shortage of health insurance as defined in Decision No. 59/2015/QD-TTg dated November 19, 2015 of the Prime Minister, on promulgating the multi-dimensional poverty framework for the 2016-2020 period and other decisions of competent agencies to amend, supplement or replace the poverty line applied for each period; ethnic minorities currently living in areas with socio-economic difficulties; persons currently living in areas with extreme socio-economic difficulties; persons currently living at island communes or districts as defined in the Government's Resolutions and the Prime Minister’s Decisions.”
17. To amend and supplement Point 3.15, Clause 3, Article 17 as follows:
“3.15. Relatives of officers, professional army men, non-commissioned officers and soldiers on service, professional officers and non-commissioned officers and specialized and technical officers and non-commissioned officers who are working in the people’s public security force, people’s public security trainees, non-commissioned officers, persons doing cipher work who are salaried For army men, trainee cipher officers entitled to regimes and policies applicable to trainees of army and public security schools, including:
a) Natural parents; natural parents-in-law of beneficiaries; legal caregivers of their own, their spouses;
b) Their spouses;
c) Their biological children or legally adopted children aged from above 6 years to under 18 years; biological children and legally adopted children aged full 18 years or older if they are receiving the general education.”
18. To add Point 3.16, Clause 3, Article 17 as follows:
“3.16. Persons aged 80 years or older who are on monthly survivorship allowance under law provisions on social insurance.”
19. To add Point 4.1a, Clause 4, Article 17 as follows:
“4.1a. Members of multi-dimensionally poor households other than those defined at Point 3.7, Clause 3 of this Article.”
20. To add Point 5.3, Clause 5, Article 17 as follows:
“5.3. The following persons shall be eligible for payment of health insurance premiums by household:
a) Dignitaries, religious officers and clergypersons;
b) Persons residing in social relief establishments whose payment of health insurance premiums is supported by the state budget.”
21. To add Clause 8, Article 17 as follows:
“8. Persons whose health insurance premiums are paid by employers
8.1. Relatives of defense workers and employees being on active service in the People’s Army.
8.2. Relatives of People’s Public Security workers being on active service in the People’s Public Security.
8.3. Relatives of persons performing other jobs in cipher organizations.”
22. To amend and supplement Clauses 4 and 7, Article 18 as follows:
“4. For persons specified at Points 2.2, 2.3 and 2.5, Clause 2, Article 17: the premium rate shall be equal to 4.5% of the basic salary, which is paid at the Social Security agency’s expense.
7. For persons specified at Points 3.1, 3.3a, 3.3b, 3.3c, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.12, 3.13, 3.15 and 3.16, Clause 3, Article 17, and those being members of near-poor households whose health insurance premiums are fully supported by the state budget defined at Point 4.1, Clause 4, Article 17: the premium rate shall be equal to 4.5% of the basic salary, which is paid by the state budget.”
23. To amend and supplement Clause 10, Article 18 as follows:
“10. For persons defined at Points 4.1 and 4.1a, Clause 4, Article 17, the premium rate shall be equal to 4.5% of the basic salary, which is paid by these persons with the state budget supporting part of 70% of the premiums.
The state budget shall cover 100% of health insurance premiums as its support for members of near-poor household residing in poor districts defined in the Government’s Resolution No. 30a/2008/NQ-CP dated December 27, 2008, on the program for quick and sustainable poverty reduction, and districts eligible for regimes and policies defined in the Resolution No. 30a/2008/NQ-CP.”
24. To add Point d, Clause 13, Article 18 as follows:
“d) Any deduction for the health insurance premium rate defined at this Point shall be implemented if all of members of household pay their health insurance premiums by household in the same fiscal year.”
25. To add Clause 14, Article 18 as follows:
“14. For persons defined in Clause 8, Article 17: the monthly premium rate shall be equal to 4.5% of the basic salary, which is paid by their employers by using the following funds:
a) In case such employers are state budget-funded units, their health insurance premiums payment shall be covered by the state budget;
b) In case such employers are non-business units, their health insurance premiums shall be covered by the units’ funds in accordance with law on autonomy regime of public non-business units;
c) In case such employers are enterprises, their health insurance premiums shall be covered b the enterprises’ funding.
d) In case a person specified in this Clause is classified into various groups of participants in the health insurance defined in Clause 1, 2, 3 and 4 of this Decision, his/her health insurance premium shall be paid in the following order: By both the employee and his/her employer; by the social security agency; by the state budget; by his/her employer.”
26. To amend and supplement Clause 3, Article 19 as follows:
“3.3. For persons defined at Points 3.1, 3.3b, 3.3c, 3.4, 3.5, 3.7, 3.10, 3.13, 3.15 and 3.16, Clause 3, Article 17 and those whose insurance premiums are fully paid by the state budget as specified at Point 4.1, Clause 4, Article 17: finance agencies shall, on a quarterly basis, transfer the payment for premiums to the health insurance fund; such transfer must be completed by December 15 at the latest.
For persons defined at Points 3.3a, 3.6, 3.7, 3.8, 3.9 and 3.12, Clause 3, Article 17: agencies of labor, invalids and social affairs shall, on a quarterly basis, transfer the payment for premiums to the health insurance fund; such transfer must be completed by December 15 at the latest.”
27. To amend and supplement Clause 5, Article 19 as follows:
“5. For persons specified at Points 4.1, 4.1a and 4.3, Clause 4, Article 17: every three months, every six months or on an annual basis, representatives of households or individuals shall pay their premiums payable on their part to collecting agents or at social security agencies. For those who fail to make payment within the period of entitlement to the policy under the approving decision by the competent authority, they shall, upon participation, have to pay such premiums during the remaining period defined in the decision on policy entitlement. In case they participate on any day of a month, their health insurance premiums shall be calculated monthly from the day of paying the premiums.”
28. To add Clause 7a to Article 19 as follows:
“7a. For persons specified in Clause 6, Article 17: employers shall, on a monthly basis, pay such persons’ health insurance premiums on the same day of payment of their employees’ health insurance premiums.”
29. To amend and supplement the title of Clause 1, Article 21 and to add Point 1.5, Clause 1, Article 21 as follows:
“1. Cadres, civil servants, public employees and employees working under labor contracts who are covered by compulsory occupational accident and disease insurance, including:”
“1.5. Employees being foreign nationals working in Vietnam who are required to participate in the occupational accident and disease insurance when they possess work permits, practice certificates or practice licenses granted by Vietnamese competent agencies, or enter into indefinite-term labor contracts or labor contracts with the definite term of full one year or more with employers in Vietnam.”
30. To amend and supplement Point 1.2, Clause 1, Article 25 as follows:
“1.2. For units; commune-level People’s Committees; social assistance establishments, institutions taking care of invalids and people with meritorious services to the revolution; vocational education institutions in the sector of labor, invalids and social affairs; collecting agents/schools; Divisions/Teams of Social Insurance Implementation: List of persons only participating in the health insurance (made using Form D03-TS); List of participants in the health insurance (made using Form No. 2 issued together with Decree No. 146/2018/ND-CP dated October 17, 2018 of the Government), for participants within the management of the Ministry of Labor, Invalids and Social Affairs.”
31. To amend and supplement Clause 1, Article 27 as follows:
“1. Re-grant social insurance books due to loss, damage or combination of the books
1.1. Components of a dossier:
a) In case of re-grant of a social insurance book due to loss or damage: A declaration form for social insurance, health insurance participation or adjustment of social insurance or health insurance information (made using Form No. TK1-TS).
b) Combination of social insurance books:
- A declaration form for social insurance, health insurance participation or adjustment of social insurance or health insurance information (made using Form No. TK1-TS).
- Social insurance books of which combination is demanded (if any).
1.2. Quantity of dossier: 01.”
32. To amend and supplement Point 2.1, Clause 2, Article 30 as follows:
“2.1. In case of no change in information, a health insurance card shall be re-granted or renewed on the day of receipt of the complete dossier as specified.”
33. To amend and supplement the title of Item c, Point 1.1, Clause 1, Article 31 as follows:
“c) For cases of re-grant, combination or change of information of social insurance books or health insurance cards; accumulation of payment periods without being required to pay social insurance premiums, the dossier components shall comply with Article 27 and the submission shall be as follows:”
34. To amend and supplement the second bullet point of Item c, Point 1.1, Clause 1, Article 31 as follows:
“- In case persons who have their social insurance premium payment period reserved or persons whose receipt of pensions and social insurance allowances have been handled request for re-grant or adjustment of their social insurance books: they shall submit their dossiers of request to social security agencies nationwide.”
35. To amend and supplement Item c, Point 1.3, Clause 1, Article 31 as follows:
“b) Writing notification and confirmation of social insurance premium payment period on an annual basis.”
36. To amend and supplement Item c, Point 2.3, Clause 2, Article 31 as follows:
“b) Writing notification and confirmation of social insurance premium payment period on an annual basis.”
37. To amend and supplement Point 2.1, Clause 2, Article 31 as follows:
“2.1. Declaration and submission of dossiers: Participants shall complete dossiers in accordance with Articles 24 and 27, and submit them to collecting agents or social security agencies.”
38. To amend and supplement Point 2.2, Clause 2, Article 31 as follows:
“2.2. Social insurance premium payment: the payment of social insurance premiums to collecting agents or social security agencies shall be made by the registered payment methods or via banks or smart facilities according to the registered payment methods.”
39. To amend and supplement Point 3.1, Clause 3, Article 31 as follows:
“3.1. Declaration of dossiers: the declaration shall comply with Article 25 and Clause 4, Article 27 and the submission shall be as follows:”
40. To amend and supplement contents of the first bullet point of Point 3.2, Clause 3, Article 31 as follows:
“For household-based health insurance participants and persons whose health insurance premiums are partially paid by the state budget: they shall pay their insurance premiums to collecting agents or social security agencies according to the registered payment methods or via banks or smart facilities.”
41. To amend and supplement the title of Article 32 and the title of Clause 1, Article 32 as follows:
“Article 32. Units; agencies of labor, invalids and social affairs, commune-level People’s Committees; collecting agents/schools, social assistance establishments, institutions taking care of invalids and people with meritorious services to the revolution; vocational education institutions in the sector of labor, invalids and social affairs, Divisions/Teams of Social Insurance Implementation”
“1. Units”
42. To amend and supplement the second bullet point of Item c, Point 1.2, Clause 1, Article 32 as follows:
“- For persons who have not been granted a social insurance number or forgot their social insurance numbers: they shall coordinate with social security agencies where they register to pay their insurance premiums to confirm their social security numbers.”
43. To amend and supplement Point 1.3, Clause 1, Article 32 as follows:
“1.3. Submission of dossiers: the dossiers shall be submitted to social security agencies via public-utility postal services.”
44. To amend and supplement Item a, Point 1.5, Clause 1, Article 32 as follows:
“a) Monthly notice on results of payment of social insurance, health insurance, unemployment insurance, and occupational accident and disease insurance premiums (using the Form C12-TS) that is sent via public-utility postal services for inspection and comparison. In case of any incorrect information, the employers shall coordinate with social security agencies in handling such issue.”
45. To amend and supplement Item c, Point 1.5, Clause 1, Article 32 as follows:
“c) Coordinate with social security agencies/public-utility postal service providers in directly delivering social insurance books to participants and receiving health insurance cards to send them to participants.”
46. To add Item c, Point 2.2, Clause 2, Article 32 as follows:
“c) Document on payment of remunerations to collecting agents (made using Form C66-HD issued together with Circular No. 102/2018/TT-BTC dated November 14, 2018 of the Ministry of Finance).”
47. To amend and supplement Point 2.3, Clause 2, Article 32 as follows:
“2.3. Submission of dossiers: the dossiers shall be submitted to social security agencies or via public-utility postal services.”
48. To amend and supplement Item a, Point 2.5, Clause 2, Article 32 as follows:
“a) Health insurance cards given to participants; coordinate with social security agencies/public-utility postal service providers in delivering social insurance books to participants.”
49. To add Item c, Point 2.5, Clause 2, Article 32 as follows:
“c) Receiving remunerations as defined.”
50. To amend and supplement Point 3.1, Clause 3, Article 32 as follows:
“3.1. Receipt of dossiers
Dossiers of participants as specified.”
51. To amend and supplement Item a, Point 3.2, Clause 3, Article 32 as follows:
“a) Declaration: the declaration of dossiers shall comply with Article 25 and Clause 4, Article 27. In case of interoperability of birth registration data of children aged under 6 years old on the Ministry of Justice’s system of civil status registration and management, the list of participants receiving health insurance cards (Form D03-TS) is not required.”
52. To amend and supplement Point 3.3, Clause 3, Article 32 as follows:
“3.3. Submission of dossiers:
a) For persons defined at Points 3.3a, 3.3b, 3.3c, 3.5, 3.6, 3.7, 3.8, 3.9, 3.12 and 3.16, Clause 3; Points 4.1, 4.1a and 4.3, Clause 4, Article 17 and other persons (if any), their dossiers shall be submitted to agencies of labor, invalids and social affairs under decentralization.
b) For other persons, their dossiers shall be submitted via public-utility postal services.”
53. To amend and supplement Item a, Point 3.4, Clause 3, Article 32 as follows:
“a) List of participants receiving health insurance cards (Form D10a-TS) and health insurance cards that are delivered to participants.”
54. To add Item c, Point 3.4, Clause 3, Article 32 as follows:
“c) Receive the support for formulation of lists of health insurance participants.”
55. To amend and supplement Clauses 4, 5 and 6, Article 32 as follows:
“4. Agencies of labor, invalids and social affairs
4.1. Receive the list of persons only participating in the health insurance (made using Form D03-TS) sent by commune-level People’s Committees, and coordinating with social security agencies for comparison and confirmation, and send such list to social security agencies to calculate collections and grant health insurance cards.
4.2. On a quarterly basis
a) Receive the Form C12-TS of managed subjects via public-utility postal services for inspection and comparison, remit the funding or request financial agencies to remit the funding to the health insurance fund in accordance with regulations.
b) Formulate the list of participants receiving health insurance cards (made using Form D10a-TS) for managed subjects for monitoring and management.
5. Social assistance establishments, institutions taking care of invalids and people with meritorious services to the revolution; vocational education institutions in the sector of labor, invalids and social affairs
5.1. Receipt of dossiers from participants under provisions.
5.2. Declaration of dossiers
a) Declaration of dossiers: to comply with Article 25 and Clause 4, Article 27.
b) Entering of social insurance numbers: to implement in the same manner as at Item c, Point 1.2, Clause 1 of this Article.
5.3. Submission of dossiers: the dossiers shall be submitted to social security agencies via public-utility postal services.
5.4. Payment: to collect, remit or request agencies of labor, invalids and social affairs or financial agencies to remit insurance premiums to the health insurance fund in accordance with provisions.
5.5. Receipt of results: List of participants receiving health insurance cards (Form D10a-TS) and health insurance cards delivered to participants.
6. Divisions/Teams of Social Insurance Implementation
6.1. Receipt of dossiers from participants according to regulations.
6.2. Declaration of dossiers
a) Make the List of persons only participating in the health insurance (Form D03-TS), for health insurance participants whose premiums are paid by social insurance institutions (including persons awaiting decisions on enjoyment of pensions).
b) Prepare the list and dossiers of employees receiving the lump sum social insurance allowances with periods of not enjoying unemployment allowances; participants that enjoy, cease to enjoy or terminate enjoyment of unemployment allowances and send them to Divisions/Teams of Contribution Collection for comparison and reconfirmation of data on total period of not enjoying unemployment allowances on the national collection database.
c) Dossier of request for adjustment in collection of social insurance and unemployment insurance premiums for enjoyment of social insurance and unemployment insurance regimes.
6.3. Submission of dossiers: The dossiers shall be submitted to dossier-receiving sections.”
56. To amend and supplement Article 33 as follows:
“Article 33a. Handling of dossiers and grant of social security numbers
1. Dossier-receiving sections
1.1. Receive dossiers from participants; units, social assistance establishments, institutions taking care of invalids and people with meritorious services to the revolution; vocational education institutions in the sector of labor, invalids and social affairs, commune-level People’s Committees, collecting agents/schools sent by public-utility postal service providers or Divisions/Teams of Social Insurance Implementation; including dossiers received via the National Public Service Portal, the Public Service Portal of Vietnam Social Security or via the Vietnam Social Security’s e-transaction software; check the number of submitted dossiers and information in forms against their administrative data in accordance with provisions.
a) If the administrative data and information in the dossiers are incorrect or incomplete: to make the written request for completion of dossiers (made using Form No. 02) or the written notice on refusal to accept and handle dossiers (made using Form No. 03) issued together with Decision No. 2192/QD-BHXH dated December 10, 2019 of the Vietnam Social Security, on promulgating the Regulations on organization and operation of sections in charge of receiving dossiers for and notifying results of performance of administrative procedures according to the single-window and inter-agency single-window mechanism in the social security sector.
b) If their administrative data and information in the dossiers are correct or complete: to grant the notice on result return (made using Form No. 01 issued together with Decision No. 2192/QD-BHXH).
c) In case persons submit their dossiers directly at social security agencies:
- Guide them to prepare their dossiers in accordance with Articles 23, 24, 25 and 27. In case of any attachment to the dossiers, make copies, give confirmation and return the originals.
- Guide participants to pay the premiums as defined.
- Grant the notice on result return (made using Form No. 01) issued together with Decision No. 2192/QD-BHXH.
1.2. Transfer the dossiers and data to Divisions/Teams of Social Insurance Book and Health Insurance Card Management.
In case of interoperability of birth registration data of children aged under 6 years old on the Ministry of Justice’s system of civil status registration and management, the software for dossier receipt and management automatically sends the List of participants receiving health insurance cards (made using Form D03-TS) to Divisions/Teams of Social Insurance Book and Health Insurance Card Management.
1.3. Receive from Divisions/Teams of Social Insurance Book and Health Insurance Card Management, or Divisions/Teams of Contribution Collection: results of performance of administrative procedures of units, participants (social insurance books, health insurance cards); dossiers of units, participants; dossiers for determination of premiums payable, grant of social insurance books and health insurance cards of social security agencies.
a) Deliver social insurance books to participants, or send health insurance cards to units so that units can deliver them to participants via public-utility postal services.
b) Store the dossiers according to provisions.
2. Divisions/Teams of Social Insurance Book and Health Insurance Card Management
2.1. Receive e-transaction dossiers and data sent by dossier-receiving sections, the Divisions/Teams of Contribution Collection or Divisions/Teams of Social Insurance Implementation; check data in the forms and dossiers against their administrative data.
a) For dossiers for accumulation of social insurance premium payment periods without requiring the additional payment; adjustment of positions of heavy, hazardous or dangerous occupations or jobs, extremely heavy, hazardous or dangerous occupations or jobs before 1995; combination of social insurance books: coordinate with relevant divisions in appraising these dossiers, grant the written request for updating information on the working period in which the insurance premium payment is not required (made using Form C09-TS), the List of persons requesting combination of social insurance books (made using Form C18-TS) and submit them to the leaders for approval; scan the dossier with the approval of leaders of the provincial-level Social Security Offices in the collection management software.
b) Classify and transfer dossiers
- Promptly transfer the dossiers with social insurance numbers of units and participants to Divisions/Teams of Contribution Collection.
- For a dossier in which at least one participant has not possessed a social insurance number, complete his/her social insurance number according to provisions on the household database, enter the social insurance number in the column “social insurance number” in Form D02-TS, D03-TS and D05-TS, and transfer it to the Divisions/Teams of Contribution Collection.
- In case where a unit or participant submits a dossier arising in the succeeding month on the last day of the previous month, ensure that the health insurance card is valid on the first day of the month in which these changes arise.
2.2. Based on the localities’ actual conditions, Directors of provincial-level Social Security Offices shall set time limits for dossier handling for relevant professional divisions, ensuring that the time limit of completing of social security numbers, updating the data on collection of insurance premiums and grant of social insurance books and health insurance cards of participants is 02 days at most.
Article 33b. Recording of data and management of collection data
1. Distribution of amounts receivable
1.1. Collecting cadress
Receiving dossiers and data from Divisions/Teams of Social Insurance Book and Health Insurance Card Management; check the information in the submitted forms and dossiers against their administrative data:
a) If the information in the dossiers are inconsistent with their administrative data: Make a written request for supplementation of dossier (using Form No. 02).
b) If the information in the dossiers are consistent with their administrative data: Enter the information in collection management software:
- For dossiers defined at Item a, Point 2.1, Clause 2, Article 33a, check the information entered in Form C09-TS, Form C18-TS against data in the scanned dossiers stored in the collection management software; the consistent data shall be update in the collection database.
- For the data changed over time, update the data in the collection management software, enter the process of social insurance, health insurance, unemployment insurance premiums, occupational accident and disease insurance premiums paid to respective insurance funds to calculate amounts to be paid, the period of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium participation, enter the validity period of each health insurance card; determine the amount of remuneration paid to social insurance and health insurance premium-collecting agents.
For employees who are transferred to other units, shifting data on Social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums from their previous units to new ones for controlling and monitoring purposes (ensuring that each participant has the only one set of Social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums contribution data for monitoring of past premiums from the beginning).
Before 17:00 every day, the synthesis of data on changes arising within a day and amounts of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums contribution receivable from participants must be completed (using Form C69a-HD).
- Before 8:30 every day, complete the signature of the preceding day’s Form C69a-HD for units in charge of managing and storing data in the collection management software.
The collection management software will automatically block data in case the Form C69a-HD is not signed within 05 minutes after such time.
1.2. Directors of district-level Social Security Offices, Heads of Divisions of Contribution Collection:
By 8:45 every day:
+ Synthesize the amounts of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums receivable of all units in the preceding day (made using Form C69b-HD) for collecting cadress; sign and store the form in the collection management software.
The collection management software will automatically block data in case the Form C69b-HD is not signed within 05 minutes after such time.
1.3. Directors of provincial-level Social Security Offices: By 9:00 every day, synthesize the amounts of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums receivable of the provinces (made using Form C69c-HD) and amounts of remuneration paid to social insurance, health insurance premium-collecting agents (made using Form D11c-TS); sign and store these forms in the collection management software.
+ The collection management software will automatically block data in case the Form C69a-HD and Form D11c-TS are not signed within 05 minutes after such time.
1.4. Director of the Department of Contribution Collection
By 9:30 every day, perform the synthesis, using Form C69d-HD, Form C83d-HD, Form D11d-TS and Form D12d-TS nationwide from the collection management software; sign them and report on them to the Social Security Leader, store them in the collection management software and automatically compare the data in these forms with the data in the accounting software.
2. Distribution of collections
2.1. Planning and finance officers
a) Based on daily documents of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium payment of units, agencies of labor, invalids and social affairs, financial agencies and participants (including recording collection of premiums from health insurance participants that are covered by the central budget and social insurance and unemployment insurance funds), they shall promptly distribute the collections and late-payment interest to each participant (made using Form C83a-HD) in the following order:
- Distribute to employees who are eligible for social insurance allowances or whose working contracts or labor contracts are terminated (including social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums and late-payment interest) in order to promptly handle the regime of social insurance, unemployment insurance, occupational accident and disease insurance to employees in accordance with law provision (if any);
- The remaining amounts shall be accounted as follows:
+ Fully collect premiums payable to the health insurance fund and late-payment interest or penalties for payment shirking of health insurance premiums (if any);
+ Fully collect premiums payable to the unemployment insurance fund and late-payment interest or penalties for payment shirking of unemployment insurance premiums (if any);
+ Fully collect premiums payable to the occupational accident and disease insurance fund and late-payment interest or penalties for payment shirking of occupational accident and disease insurance premiums (if any);
+ Collect premiums payable to the social insurance fund (sickness, maternity, retirement and survivorship allowance funds) and late-payment interest or penalties for payment shirking of social insurance premiums (if any).
+ In case where amounts of insurance premiums are not enough to be distributed into the above-mentioned funds, such amounts shall be distributed on a pro rata basis, according to the ratio receivable in Form C69a-HD.
- By 17:00 every day shall the data on distribution of collections of units in a day must be closed. For documents issued after 17:00, the software shall automatically perform distribution until 23:59.
b) By 8:30 every day:
- Perform the data synthesis and sign the Form C83a-HD of the preceding day.
- Close data in the table of remuneration paid to collecting agents (made using Form D12b-TS) of the preceding day.
The accounting software will automatically block data in case the Form C83a-HD is not signed within 05 minutes after such time.
2.2. Heads of Division of Planning and Finance/Directors of district-level Social Security Offices: By 8:45 every day, sign the table of contribution of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium collections (made using Form C83b-HD), Form D12b-TS of the preceding day, and store them in the accounting software.
The accounting software will automatically block data in case the Form C83b-HD or Form D12b-TS is not signed within 05 minutes after such time.
2.3. Directors of provincial-level Social Security Offices: By 9:00 every day, sign the table of contribution of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium collections (made using Form C83c-HD), the table of remuneration paid to collecting agents (made using Form D12c-TS), and store them in the accounting software.
The accounting software will automatically block data in case the Form Form C83c-HD or Form D12c-TS is not signed within 05 minutes after such time.
2.4. Store dossiers and documents as definedc.
3. Director of the Department of Finance and Accounting
By 9:00 every day, gather Form C69d-HD, Form C83d-HD, Form D11d-TS and Form D12d-TS nationwide from the accounting software; sign them, report on them to the Social Security Leader, and automatically check data in these forms against those available in the collection management software.
Article 33c. Using collection data
- Divisions/Teams of Social Insurance Book and Health Insurance Card Management
Receive dossiers and data transferred by the Divisions/Teams of Contribution Collection; compare the information in forms and dossiers with the administrative data; if they are not consistent: Make the written request for supplementation dossiers (made using Form No. 02); based on collection management data already recorded in the collection database:
1.1. Print social insurance books and health insurance cards out; sign the List of participants receiving social insurance books (made using Form D09a-TS), the List of health insurance cards (made using Form D10a-TS) in the collection management software, enclosing dossiers of units or participants, send them to the dossier-receiving section in order to deliver them on to units, participants, and implement the archives in accordance with provisions.
1.2. Print confirmation of payment period on social insurance books returned to employees in the following cases:
a) Provide social insurance book confirmation to employees when they cease to pay social insurance and unemployment insurance premiums; handle the regime of social insurance and unemployment insurance.
b) Confirm the payment of occupational accident and disease insurance premiums until the time participants are involved in occupational accidents or suffer occupational diseases.
c) Confirm the payment of social insurance and unemployment insurance premiums at the request of units or inspection agencies.
d) Social insurance books, for participants receiving lump sum social insurance allowances and having their unemployment insurance premium payment period reserved.
dd) Adjust information related to social insurance and unemployment insurance participation (including cases where the social insurance regime has been handled).
e) For cases of social insurance book confirmation for receiving retirement regimes, reserving social insurance premium payment period and transfer all the data on payment of insurance premiums to monitor them separately for handling of social insurance, health insurance, unemployment insurance, occupational accident and disease insurance regimes.
1.3. On a monthly basis: Gather reports on collection management targets; grant of social insurance books and health insurance cards (made using Form B01-TS), and perform the signature on the collection management software.
1.4. On an annual basis, print (or order the printing of):
a) Notice on confirmation of social insurance and unemployment insurance premium payment period of each employee (made using Form C14-TS), for employees providing addresses without phone numbers shown in the database; sent to each participant via public-utility postal services by March 31 every year. Examine and supervise the delivery of the written confirmation of social insurance and unemployment insurance premium payment period (made using Form C14-TS) by public postal service providers.
For social insurance participants with phone numbers available in the database, send messages about confirmation of social insurance and unemployment insurance premium payment period to their phone numbers.
b) Notice on results of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium payment (made using Form C13-TS) sent to units via public-utility postal services. Examine and supervise the delivery and receipt of Form C13-TS by public postal service providers and the posting of the form at units.
1.5. Make the sheet of blank social insurance book use (made using Form C06-TS), the sheet of blank health insurance card use (made using Form C07-TS), and make a book recording information about grant of social insurance books and expiration date of health insurance cards; use of blank social insurance books and blank health insurance cards (made using Forms No. S04-TS, S05-TS, S06-TS, S07-TS). Sheets and books shall be managed in the database and are printed only at the request of a leader, inspectorate or competent agency.
2. Divisions/Teams of Contribution Collection
2.1. On a monthly basis, Directors of provincial-level and district-level Social Security Offices shall approve and store the followings in the collection management software:
a) Notice on results of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium payment (made using Form C12-TS) sent to units via public-utility postal services. Examine and supervise the delivery and receipt of Forms No. C12-TS via public-utility postal services.
b) Notice on results of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium payment (made using Form C12-TS) of participants with their health insurance premiums paid by social insurance institutions, sent to the Divisions/Teams of Planning and Finance.
c) Report on collection management targets; grant of social insurance books and health insurance cards (made using Form B01-TS); report on collection of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums (made using Form B06-TS).
d) Form C69b-HD, Form D11b-TS with the data synthesized on a monthly basis.
dd) List of persons only participating in the health insurance (made using Form D03-TS) whose social insurance premiums are paid by social insurance institutions; organ donors, children aged under 6 years (if any), sent to commune-level People’s Committees for confirmation.
e) List of health insurance cards (made using Form D10a-TS) of participants under the management of the Ministry of Labor, Invalids and Social Affairs, sent to agencies of labor, invalids and social affairs for monitoring and management.
2.2. On a quarterly basis, Directors of provincial-level and district-level Social Security Offices shall approve and store the followings in the collection management software:
a) Form C12-TS, sent to agencies of labor, invalids and social affairs; table of participants and the funding from the state budget for full health insurance premium payment or assistance in health insurance premium payment (made using Form No. 1 issued together with Decree No. 146/2018/ND-CP dated October 17, 2018 of the Government), sent to financial agencies for transferring the corresponding payment to the health insurance fund.
b) Form of quantity of health insurance cards and insurance premiums receivables by registered primary care provider (made using Form B05-TS).
c) Report on professional activities (made using Form B02a-TS, Form B02a-TS for amounts accumulated from the beginning of the year, Form B04a-TS).
d) Report on professional activities in the province (made using Form B02b-TS, Form B02b-TS for amounts accumulated from the beginning of year, Form B04b-TS).
dd) Table of voluntary social insurance participants, social insurance participants with the state budget’s insurance premium payment support (made using Form B09-TS), sent to financial agencies for transferring the corresponding payment to the social insurance fund.
2.3. Coordinate with agencies of labor, invalids and social affairs in reviewing the List of persons only participating in the health insurance (made using Form D03-TS).
2.4. Coordinate with Divisions/Teams of Social Insurance Book and Health Insurance Card Management, Divisions/Teams of Planning and Finance in making dossiers of reimbursement cases and submit them to the Directors of Social Security Offices for approval.
3. Divisions/Teams of Planning and Finance
3.1. Receive Form C12-TS from participants whose social insurance premiums are paid by social insurance institutions for inspection and comparison. In case of any discrepancy, coordinate with Divisions/Teams of Social Insurance Implementation or Divisions/Teams of Contribution Collection for settlement.
3.2. On a monthly basis: Directors of provincial-level and district-level Social Security Offices shall sign Form C83b-HD and Form D12b-TS monthly synthesized in the accounting software and store them in the accounting software.
4. Divisions/Teams of Information and Communication and participant expansion
4.1. By 8:30 every day: cadres in charge of participant expansion shall complete the detailed tables of remuneration paid to social insurance and health insurance premium collecting agents (made using Form D11a-TS), sign and store them in the collection management software.
The collection management software will automatically block data in case the Form D11a-TS is not signed within 05 minutes after such time.
4.2. By 8:45 every day: Heads of Divisions/Teams of Information and Communication and participant expansion/ Directors of district-level Social Security Offices shall complete the tables of remuneration paid to social insurance and health insurance premium-collecting agents (made using Form D11b-TS) of the preceding day; sign and store them in the collection management software.
The collection management software will automatically block data in case the Form D11b-TS is not signed within 05 minutes after such time.
4.3. On a monthly basis, print out:
- List of voluntary social insurance or health insurance participants 30 days prior to the payment due date (made using Form D08a-TS), sent to collecting agents for collection of insurance premiums.
- Written comparison of receipt and collections made using the Form C17-TS and table of remuneration paid to social insurance and health insurance contribution premium-collecting agents (made using Form D12b-TS), compared with data of Divisions/Teams of Planning and Finance and collecting agents/schools.
5. Divisions/Teams of Social Insurance Implementation
5.1. If the information in a dossier is consistent with the collection data, handle social insurance, occupational accident and disease insurance and unemployment insurance regimes.
5.2. If the data in the collection management software and the information in a dossier are not consistent, coordinate with Divisions/Teams of Contribution Collection, Divisions/Teams of Social Insurance Book and Health Insurance Card Management in data confirmation in accordance with provisions before settlement.
5.3. Make a list of employees whose retrospective collection period coincides with the period of unemployment insurance enjoyment or with the one-year leave period for which the lump sum enjoyment of social insurance allowances (made using Form C19-TS) for recovering the paid unemployment insurance allowances or lump sum social insurance allowances.
6. Divisions/Teams of Medical Claim Review
6.1. Print out the comprehensive table of insurance premiums payable and the number of cards of registration for primary care services (made using Form B05-TS) from the collection management software and send it to medical examination and treatment establishments.
6.2. Update the list of primary care service providers after entering into contracts with them in the collection management software according to their decentralization.”
57. To amend and supplement the third bullet point of Item a, Point 1.1, Clause 1, Article 34 as follows:
“- List of units that are dissolved, go bankrupt, have their business registration certificates revoked, cease their operation or suspend their operation (made using Form D04c-TS).”
58. To amend and supplement Item a, Point 1.2, Clause 1, Article 34 as follows:
“a) Based on the authorization granted by the Information Technology Center, review, compare, analyze and process the data and make a list of units of subject to extraordinary inspection (made using Form D04m-TS).”
59. To amend and supplement Item a, Point 1.3, Clause 1, Article 34 as follows:
“a) Make plans for inspection in accordance with provisions, based on the List transferred by the Department of Contribution Collection.”
60. To amend and supplement the third bullet point of Item a, Point 2.1, Clause 2, Article 34 as follows:
“- List of units that are dissolved, go bankrupt, have their business registration certificates revoked, cease their operation or suspend their operation (made using Form D04c-TS).”
61. To amend and supplement Point 2.2, Clause 2, Article 34 as follows:
“2.2. Procedures for reviewing, investigating and urging collection of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums
a) Divisions/Teams of Contribution Collection
- Coordinate with Divisions/Teams of Information and Communication and participant expansion and other relevant units in: Comparing Form D04a-TS and Form D04b-TS with data of units in charge of collection, planning and expansion of social insurance, health insurance, unemployment insurance, occupational accident and disease insurance participants.
+ Send employers:
Form D04e-TS and Form D04a-TS to units that have not yet paid social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for their employees.
Form D04e-TS and Form D04b-TS to units that is insufficiently paying social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for their employees.
The second delivery shall be carried out if any unit fails to pay the social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for their employees within 15 days after the first delivery.
+ Coordinate with Divisions/Teams of Information and Communication and participant expansion and relevant units in directly working with units, reviewing, investigating and urging them to participate and fully pay social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for their employees; make the minutes (using Form D04h-TS) to request the units to pay social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for their employee within 05 days.
For units complying with the request for payment of their employee’ social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums: guide the units and employees to make dossiers for registration for payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums in accordance with Article 23 for submission to social security agencies (or guide the units to perform e-transactions).
For units failing to comply with the request for payment of their employees’ social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums or refusing to sign the minutes: 5 days after making of the minutes, coordinate with the Inspection Divisions/Teams or Divisions/Teams of Information and Communication and participant expansion in preparing Form D04m-TS for submitting to the Director to issue the decision on the extraordinary inspection of payment of social insurance, health insurance and unemployment insurance premiums, or coordinate with labor or tax agencies in establishing an interdisciplinary inspection team.
- On a monthly basis, coordinate with Divisions/Teams of Information and Communication and participant expansion and Inspection Divisions/Teams in monitoring and urging units’ payment of their employees’ social insurance, health insurance and unemployment insurance premiums. Disclose the information about enterprises that have not yet paid social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums premiums for their employees through mass media (newspapers, radio, television).
- On a quarterly basis:
+ Coordinate with Divisions/Teams of Information and Communication and participant expansion and the Inspection division/team in consulting with the Director on reporting to People's Committees at all levels on observance of law provisions on social insurance, health insurance and unemployment insurance, occupational accident and disease insurance, collection of insurance premiums and grant of health insurance cards to employees of units in the localities.
+ Recommend and propose the handling for violations of law provisions on payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums: failure to register the participation or registration for payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for the inadequate number of employees or payment of the premiums in excess of the prescribed deadline.
- On a yearly basis: Submit reports on expansion of participants of units jointly participating in the social insurance, health insurance, unemployment insurance, occupational accident and disease insurance (made using Form D04k-TS).
b) Inspection Divisions/Teams:
- Based on dossiers and data transferred by other divisions/teams, review and compare them with competent agencies’ plans for inspection:
+ Send a written request for coordination in inspection of observance of law provisions on social insurance, health insurance, unemployment insurance, occupational accident and disease insurance (enclosed with the list of units subject to inspection) to the units subject to inspection under the plan.
+ For units not subject to inspection and units refusing to comply with the written request for coordination in inspection, complete Form No. D04m-TS to organize the specialized inspection in accordance with provisions.
- Coordinate with Divisions/Teams of Contribution Collection and Divisions/Teams of Information and Communication and participant expansion in:
+ Carry out the extraordinary inspection of payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums.
+ Compile dossiers and consult with the Director to transfer dossiers to police offices to request investigation of acts showing signs of crime of evading payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for the employees in accordance with criminal law.
c) Divisions/Teams of Information and Communication and participant expansion: Coordinate with Divisions/Teams of Contribution Collection, Inspection Divisions/Teams in reviewing, investigating and urging collection of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums.”
62. Amending Article 35 as follows:
“Article 35. Expansion of voluntary social insurance participants and health insurance participants whose health insurance premiums are partially supported by the state budget and household-based health insurance participants
1. Divisions/Teams of Information and Communication and participant expansion
1.1. Based on the economic and social development situation, population and the number of persons having participated in the social insurance and health insurance, data on households participating in health insurance and data managed by the local tax agencies:
a) Set and assign targets for expanding participants in voluntary social insurance or health insurance for district-level Social Security Offices/collecting agents.
b) Guide, inspect and urge collecting agents and their staff to propagandize and mobilize the participation in voluntary social insurance and health insurance in residential areas.
1.2. Regularly provide collecting agents’ staff with training courses on skills at promoting the collection of insurance premiums, propaganda skills, social insurance and health insurance regimes and policies.
1.3. Promptly provide the approved list of poor households and near-poor households for collecting agents for determination of voluntary social insurance participants in poor households or near-poor households whose voluntary social insurance premiums are supported by the state budget.
2. Divisions/Teams of Contribution Collection: On a monthly basis, coordinate with Divisions/Teams of Information and Communication and participant expansion in reviewing and comparing the number of participants and people that have not participated in health insurance in order to request collecting agents to carry out the collection.”
63. To amend and supplement Article 36 as follows:
“Article 36. Management of insurance arrears; acceleration of collection of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium arrears
1. Classification of arrears
1.1. Less than one month in arrears refer to monthly amounts payable of units, agencies of labor, invalids and social affairs, financial agencies and participants but having not yet paid.
1.2. From one month to less than three months in arrears
1.3. Three months or more in arrears and other than the cases specified at Point 1.4 of this Clause.
1.4. Other cases:
a) An unit goes bankrupt;
b) An unit is dissolved;
c) An unit cease its product or business;
d) An unit is permitted to suspend its payment to the retirement and survivorship allowance fund.
dd) An unit’s owner takes flight.
2. Dossiers on determination of arrears
2.1. For units with arrears defined at Points 1.1, 1.2 and 1.3, Clause 1 of this Article:
a) Notice on results of payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums (made using Form C12-TS).
b) Working minutes on payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for employees (made using Form D04h-TS), if any.
2.2. For other cases defined at Point 1.4, Clause 1 of this Article:
a) For units prescribed at Item a: Decision on declaration of bankruptcy issued by the People's Court.
b) For units prescribed at Item b: Notice on enterprise dissolution published on the National Business Registration Portal;
c) For units prescribed at Item c: One of the following documents:
The People's Court's decision to initiate bankruptcy procedures; Decision on enterprise dissolution or Notice on enterprise undergoing dissolution procedures on the National Business Registration Portal; Interdisciplinary working minutes certified by local authorities.
d) For units prescribed at Item d: Written permission for suspension of payment granted by competent agencies.
dd) For units prescribed at Item dd: The written determination issued by the provincial-level People's Committees or the written determination issued by the unit authorized by the provincial-level People's Committees.
3. Collection and recovery of arrears at provincial-level or district-level Social Security Offices
3.1. Divisions/Teams of Contribution Collection
a) On a monthly basis, the collecting cadres shall urge units to pay insurance premiums as defined.
b) In cases units are more than 02 months in arrears, for the method of monthly payment; 04 months in arrears, for the method of three-month payment; 07 months in arrears, for the method of biannual payment:
- The collecting cadres shall come to the units to urge and make the minutes on payment of social insurance, health insurance, unemployment insurance premiums, occupational accident and disease insurance premiums for their employees (made using Form D04h-TS);
- Send a reminder to urge the payment of arrears every 15 days.
- If the unit does not pay social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums in the insurance funds after sending the second reminder and taking measures, coordinate with Inspection Divisions/Teams in making the list of units to be inspected by the extraordinary inspection team (made using Form No. D04m-TS) to organize the specialized inspection as defined or coordinate with Inspection Divisions/Teams.
c) Receive inspection conclusions for monitoring and urging of implementation of units.
d) On a monthly basis: Announce the list of units deliberately not paying social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums on mass media.
dd) On a quarterly basis: Make the assessment report on recovery of arrears (made using Form B03a-TS), sign in the collection management software; automatically send electronic data of units in arrears with social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums (made using Form B03-TS) of the last month of the quarter as an attachment to the Vietnam Social Security.
3.2. Inspection Divisions/Teams:
a) Receive dossiers from Divisions/Teams of Contribution Collection, coordinate in the extraordinary specialized inspection of social insurance, health insurance and unemployment insurance premium, occupational accident and disease insurance premium payment; sanction administrative violations in accordance with provisions.
b) Send a copy of the inspection conclusion to the Divisions/Teams of Contribution Collection for monitoring and urging the implementation of the units.
c) In case a unit commits an act showing signs of crime of evading payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums for its employees, take coordination in transferring case files to competent agencies to request the investigation and settlement in accordance with criminal law.
4. Procedures for management of units that go bankrupt, are dissolved, cease their production and business or are in suspension from payment to the retirement and survivorship allowance fund.
4.1. Input updated status of the units in the collection management software .
- Collecting cadres: Based on dossiers defined at Point 2.2, Clause 2 of this Article, update the units’ status, enclosing with the scanned copy of dossiers on determination of status of the unit, in the collection management software (particularly, the units specified at Item d, Clause 1 of this Article shall comply with Decision on permission of suspension from insurance premium payment by the competent agency), record the decrease in the number of the units’ participants, temporarily suspend calculation of interest, record participants’ insurance premium payment period at the units until the payment date and make reports (using Form B12-TS, B12a-TS) for signature for approval.
- Director of Social Security Offices shall implement the inspection and approval in the collection management software, and storage in the participants’ database.
4.2. Update changes
a) Changes to be updated
- Units submitting dossiers of request for settlement of survivorship allowance, retirement and lump-sum social insurance regimes for their employees;
- Units paying social insurance, health insurance and unemployment insurance premiums for their employees eligible to enjoy pensions or moving (reserving the payment period);
- Other cases where employees continue to pay social insurance premiums at other units or localities or whose social insurance regimes are settled in other districts or provinces.
b) Implementation procedures
- Collecting cadres:
+ Update data, scan dossiers to be approved, submit them to Directors of provincial-level Social Security Offices to sign and approve before sending them to Vietnam Social Security for approval.
+ Receive the dossiers approved by the Vietnam Social Security and perform the settlement in accordance with provisions.
- Department of Contribution Collection:
+ Receive data sent by provincial-level Social Security Offices, consider and approve the update of adjusted data in the collection management software. In case the submitted dossiers are inadequate or the data contain errors, return these dossiers to provincial-level Social Security Offices.”
64. To amend and supplement Point 2.3, Clause 2, Article 38 as follows:
“2.3. The dossiers are adequate and correct as defined in Appendix 02.
a) In case a unit subject to retrospective collection with the accumulated period of less than 03 months: the collecting cadre shall check the dossier according to Appendix 02 before collection.
b) In case a unit subject to retrospective collection with the accumulated period of between 3 months and 6 months: within 07 days from the date of receiving a complete dossier, the collecting cadre shall submit a minutes (made using Form D04h-TS) to the Director of Social Security Office for approval.
c) In case a unit subject to retrospective collection with the accumulated period of more than 6 months: within 07 days from the date of receiving a complete dossier, the collecting cadre shall submit a minutes (made using Form D04h-TS) to the Director of Social Security Office for extraordinary inspection and settlement as defined.”
65. To add Clause 4, Article 38 as follows:
“4. When updating collection data as defined in Clause 1, Article 33b, the collecting cadres shall check and compare them with data on unemployment insurance and lump-sum social insurance settlement nationwide. If the arrears recovery period coincides the period of enjoyment of unemployment insurance allowances or the one-year leave period for which the lump sum social insurance allowances is received, Form C19-TS must be signed and sent to the Divisions/Teams of Social Insurance Implementation.”
66. To amend and supplement Point 1.1, Clause 1, Article 43 as follows:
“1.1. Bank transfer: Transfer the insurance premiums to collection accounts of social security agencies opened by banks or state treasuries or via smart facilities.”
67. To amend and supplement Item e of Point 3.1, Clause 3, Article 43 as follows:
“e) If any participant has 2 social insurance books or more with the same payment period of social insurance and unemployment insurance premiums, the social security agency shall refund premiums which the employee has paid to the retirement and survivorship allowance fund and the unemployment insurance fund by himself/herself and unit (including social insurance and unemployment insurance premiums paid on his/her employer’s part), excluding interest. The social security agency of the place where the employee is working or living shall refund such amount to the employee in accordance with Clause 2, Article 46.”
68. To amend and supplement Point 3.3, Clause 3, Article 43 as follows:
“3.3. Refund procedures
a) Dossiers of request for refund
- For the cases defined at Item a of Point 2.1 of this Clause, units shall make a dossier prescribed in Article 23.
- For the cases defined at Items b and e of Point 2.1 of this Clause, the unit shall complete Form TK1-TS enclosed with:
+ Social insurance books of voluntary social insurance participants, and all of social insurance books of participants whose social insurance and unemployment insurance premium payment periods coincide.
+ A certified copy or a copy attached to the original of the death certificate in case of participants’ death.
- For cases of refunding health insurance premiums to multiple persons classified into the same group of participants, commune-level People’s Committees, collecting agents/schools shall send lists of participants requesting refund, made using the Form D03-TS to the social security agencies.
- For other cases, the units, banks or state treasury shall make written requests.
b) Divisions/Teams of Contribution Collection
- The collecting cadres shall compare the information in social insurance books and health insurance cards with the national collection database. If the data is correct, synthesize and transfer it to reserved social insurance data store for settlement. After completion of the settlement, the data shall be automatically stored in the field of refunded dossiers.
- Coordinate with Divisions/Teams of Planning and Finance to determine causes, overpaid amounts or amounts wrongfully transferred and accounted into the collection account.
- Directors of Social Security Offices shall send a decision on refund (made using Form C16-TS) to the Divisions/Teams of Planning and Finance, proceed the transfer of money and store a copy of the decision in the Divisions/Teams of Contribution Collection. If the bank or state treasury accounts the premiums incorrectly, a copy of the decision shall be sent to the bank or state treasury for control.
c) Directors of Social Security Offices shall check, sign for approval and store the dossiers in the reserved data store of the collection management software for reporting to the superior Social Security Offices in accordance with provisions.
69. To amend and supplement the title of Section 3, Chapter VI as follows:
“GRANT AND MANAGEMENT OF BLANK SOCIAL INSURANCE BOOKS AND BLANK HEALTH INSURANCE CARDS”
70. To amend and supplement Articles 44 and 45 as follows:
“Article 44. Management of blank social insurance books and blank health insurance cards
1. Blank social insurance books and blank health insurance cards shall be printed by the Vietnam Social Security and and dispensed to Social Security Offices of provinces, the Ministry of National Defense and the People’s Public Security.
2. Printing, stocking, delivery, inventory, destruction and accounting for blank social insurance books and blank health insurance cards shall comply with applicable regulations.
3. Responsibilities for management of blank social insurance books and blank health insurance cards
3.1. Department of Social Insurance Book and Health Insurance Card
- Gather demands for use of blank social insurance books and blank health insurance cards nationwide and submit the procurement plan to the Director General.
- Coordinate in urging and inspecting the quality and progress of printing of blank social insurance books and blank health insurance cards in accordance with provisions.
- Monitor and regulate the dispensing and use of blank social insurance books and blank health insurance cards.
3.2. Units assigned to print blank social insurance books and blank health insurance cards
- Implement plans for printing blank social insurance books and blank health insurance cards approved by the Director General in accordance with provisions.
- Assume the prime responsibility for, and coordinate with the Department of Social Insurance Book and Health Insurance Card in, urging and inspecting the progress of printing and quality of blank social insurance books and blank health insurance cards under contracts.
- Monitor and urge printing service providers’ sufficient transfer of blank social insurance books and blank health insurance cards to Social Security Offices of provinces within the prescribed period.
- Send a copy of bill of transfer of blank social insurance books and blank health insurance cards to the Department of Social Insurance Book and Health Insurance Card for monitoring of the delivery.
3.3. Provincial-level/district-level Social Security Offices
- Offices/Divisions/Teams of Planning and Finance
- Receive blank social insurance books and blank health insurance cards; submit a report on blank books and cards of which quantity, serial numbers or quality are not be assured to the Vietnam Social Security (the Department of Social Insurance Book and Health Insurance Card).
- Deliver the blank books and cards from the warehouse in accordance with provisions, based on the plan for dispensing blank social insurance books and blank health insurance cards approved by the leader.
- Assume the prime responsibility for receiving and managing the received blank books and cards; storing the damaged social insurance books and health insurance cards transferred by Divisions of Social Insurance Book and Health Insurance Card Management/district-level Social Security Offices in accordance with provisions.
b) Divisions/Teams of Social Insurance Book and Health Insurance Card Management
- Synthesize the quantity of blank social insurance books and blank health insurance cards, monitor and regulate the use of the blank books and cards.
- Dispense blank books and cards to each cadre in charge of printing social insurance books and health insurance cards for use. Upon dispensation, issue a receipt of blank books and cards (made using Form C08-TS).
- Cadres directly printing social insurance books and health insurance cards shall maintain the dispensed blank books and cards (including damaged blank books and cards upon working; in case of a blank book or card is printed wrongly, it’s corner must be cut).
- Before February 01 every year, the Divisions of Social Insurance Book and Health Insurance Card Management/district-level Social Security Offices shall make a list of damaged social insurance books and health insurance cards of the previous year (due to the printing or storage process) to transfer it to provincial-level Social Security Offices.
Article 45. Inventorying and destruction of blank social insurance books and blank health insurance cards
1. Inventorying of blank social insurance books and blank health insurance cards
a) At the end of every quarter and year, a provincial-level/district-level Social Security Office shall make an inventory of the blank books and cards to confirm the quantity and serial number of the blank books and cards actually in stock and the discrepancy between data on the quantity of the blank books and cards and those specified in accounting records.
b) An inventorying group of a provincial-level/district-level Social Security Office comprises the leader of the provincial-level/district-level Social Security Office; the Division/Team of Social Insurance Book and Health Insurance Card Management; the Division/Team of Planning and Finance; and the Office. The inventorying must be recorded in a minutes (made using Form C63-HD issued together with the Circular No. 107/2017/TT-BTC), clearly stating reasons for the excess or shortage of the blank books and cards and responsibilities of collectives and individuals and proposal for settlement.
2. Destruction of damaged social insurance books and health insurance cards
a) A council of destruction of social insurance books and health insurance cards shall be established and comprises the chairperson being the leader of the provincial-level Social Security Office, and members being leaders of the Division of Planning and Finance, Division of Social Insurance Book and Health Insurance Card Management, Inspection Division and Office.
b) Before March 15 every year, damaged social insurance books and health insurance cards kept at the Office’s warehouse for more than 1 year shall be destroyed and a minutes on destruction of social insurance books and health insurance cards shall be made, using Form C10-TS.”
c) The Department of Social Insurance Book and Health Insurance Card shall supervise and inspect such destruction by the provincial-level Social Security Office.”
71. To amend and supplement the title of Section 4, Chapter VI as follows:
“RECORDING AND MANAGEMENT OF DATA OF SOCIAL INSURANCE BOOKS AND HEALTH INSURANCE CARDS”
72. To amend and supplement Article 46 as follows:
“Article 46. Contents of social insurance books and combination of social insurance books
Contents of a social insurance book and the combination of social insurance books applicable to a person possessing two social insurance books or more shall be managed in accordance with Article 33b.
1. Recording and confirmation of the social insurance and unemployment insurance premium, occupational accident and disease insurance premium contribution period in a social insurance book
1.1. Contents of a social insurance book must be adequate in each stage corresponding with the premium amount and working conditions of the participant of social insurance, unemployment insurance, occupational accident and disease insurance (including the duration of at least 14 working days in a month he/she does not work and receive wages such as the sickness leave or maternity leave; unpaid leaves; suspension of his/her labor contract).
1.2. For a unit in arrears on social insurance, unemployment insurance, occupational accident and disease insurance premiums, if an employee is eligible to receive social insurance allowances or terminates the labor or working contract, the unit must fully pay the insurance premiums, including late-payment interest as defined, and the social security agency shall implement the confirmation of social insurance book for prompt handling of social insurance and unemployment insurance regimes.
If the unit has not made fully payment, implement the confirmation of social insurance book until the date of payment of social insurance, unemployment insurance, occupational accident and disease insurance premiums. After successfully recovering the unit’s insurance premiums in arrears, the additional confirmation shall be recorded in the social insurance book.
1.3. When making a decrease in payment period or payment amount of social insurance, unemployment insurance, occupational accident and disease insurance premiums stated in the social insurance book, state in detail the adjusted contents, confirmation of accumulated premium payment period or total insurance premium payment period.
2. Combination of social insurance books and refund
In case where a person possessing two social insurance books or more requests the combination of his/her books, the cadre of the Divisions/Teams of Social Insurance Book and Health Insurance Card Management shall check and compare contents of social insurance books and the database; send a list of person requesting the combination of social insurance books (made using Form C18-TS) to the cadre of the Divisions/Teams of Contribution Collection to perform as follows:
+ In case the social insurance premium payment periods recorded in social insurance books do not coincide: the social insurance premium payment periods stated in social insurance books shall be combined in the database and numbers of combined social insurance books shall be cancelled.
+ In case the social insurance premium payment periods recorded in social insurance books coincide, issue the decision on refund (made using Form C16-TS) to refund the employee in accordance with Point 2.3, Clause 2, Article 43.
3. In case an employee who possesses the social insurance book with the reserved payment period, including cases of the book issued by the social security agency of the Ministry of National Defence or the Ministry of Public Security, registers to continue participating in the insurance or requests for insurance regimes, the Divisions/Teams of Contribution Collection shall update data and compare contents of the social insurance book with the data on the insurance premium payment period provided by the social security agency of the Ministry of National Defence or the Ministry of Public Security.
4. The payment periods recorded in the social insurance book of the employee transferred to other unit shall be transferred to the receiving unit for recording the succeeding payment period.
5. Competence of signing in social insurance books
5.1. Directors of provincial-level and district-level Social Security Offices shall scan their signatures in the software for printing the social insurance books out.
5.2. Directors of provincial-level and district-level Social Security Offices shall be responsible for managing their seals in accordance with the Vietnam Social Security’s current provisions.”
73. To amend and supplement Article 47 as follows:
“Article 47. Validity of health insurance cards
1. Data on health insurance cards shall be centrally managed and connected with the collection data. Upon receipt of health insurance cards from patients, medical examination and treatment establishments shall search for information on health insurance cards on the data receipt portal of health insurance assessment information system to determine the validity of health insurance cards.
2. Validity of a health insurance card shall be proportionate to the paid health insurance premium (except for cases of children aged under 6 years). The effective date of a health insurance card shall be as follows:
2.1. For persons defined in Clauses 1, 2 and 3; Points 4.1, 4.1a and 4.2, Clause 4, Article 17: Health insurance cards shall be valid from the day on which health insurance premium is paid, except for:
a) Employees enjoying the unemployment allowances: A health insurance card shall be valid from the first month in which the employee receives the unemployment allowances stated in the decision issued by a competent state agency.
b) Persons defined at Point 3.5, Clause 3, Article 17:
- For children born before September 30: A health insurance card shall be valid until the end of September 30 of the year when the child reaches full 72 months of age;
- For children born after September 30: A health insurance card shall be valid until the end of the last day of the month when the child reaches full 72 months of age.
c) Persons entitled to monthly social welfare allowances: A health insurance card shall be valid from the date of receipt of social welfare allowances stated in the decision approving the list of eligible persons of the district-level People’s Committee.
d) Poor household members; ethnic minority people living in areas with difficult socio-economic conditions, people living in areas with exceptionally difficult socio-economic conditions, island communes or districts; near-poor household members of whom health insurance premiums are fully paid by the state budget: A health insurance card shall be valid from the date stated in the decision on approval of the list approving the list of eligible persons issued by a competent state agency.
dd) Holders of the people’s artisan or outstanding artisan title who are members of households with a monthly per-capital income lower than the basic salary level: A health insurance card shall be valid from the date stated in the decision on approval of the list approving the list of eligible persons issued by a competent state agency.
e) Organ donors: A health insurance card shall be valid immediately after body organ donation.
g) Pupils and students:
- For pupils of general education institutions, in which:
+ For grade-1 pupils, their health insurance cards shall be valid from October 1 of the first year of the primary education level;
+ For grade-12 pupils, their health insurance cards shall be valid through September 30 of the year of the twelfth grade.
- Students of higher education institutions and vocational education institutions, in which:
+ For students of the first year of a training program, their health insurance cards shall be valid from the first date of their school attendance, unless their grade-12 pupil cards remain valid;
+ For students of the last year of a training program, their health insurance cards will be valid through the last day of the month when the program finishes.
2.2. For persons defined at Point 4.3 Clause 4, Clause 5 and Clause 8, Article 17 with the consecutive period of health insurance premium payment, their health insurance cards shall be valid from the date of payment of health insurance premiums. For persons who participate in health insurance for the first time or pay health insurance premiums inconsecutively for 3 months or more in a fiscal year, their health insurance cards shall be valid 30 days after the day of paying the health insurance premiums.
2.3. In cases the persons defined in Clause 1, Article 17 delay their payment of health insurance premiums for 30 days or more, the employers must take the responsibility in accordance with Article 49 of the amended and supplemented Law on Health Insurance.
3. Health insurance participants may change their registered primary care providers in the first month of each quarter.
4. Employees enjoying the sickness and maternity regimes shall continue to use granted health insurance cards and shall not be allowed to have their health insurance cards replaced. In cases employees take unpaid leave during which their units complete dossiers for maternity regime, the validity period between the month of maternity leave to the expiration date of such health insurance cards shall be recorded.
Example 18: Ms. Nguyen Thi A works for and pays her social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums to Company M from July 2016. In February 2017, Ms. A requests unpaid leave from March 2017 and is permitted by Company M. Company M notifies a decrease in Ms. A’s insurance premium payment due to her unpaid leave to the social security agency from March 2017, the social insurance agency reduces the validity of Ms. A’s health insurance card from March 01, 2017. In May 2017, Company M submit a dossier for Ms. A’s leave of maternity regime enjoyment from May 01, 2017. The social security agency records the validity period of from May 01, 2017 to the expiration date stated in the Ms. A’s granted card.
5. For employees taking long-time sickness leave or leaving for retirement regime, their granted health insurance cards shall continue to be in use until the end of the month in which their units notify the decrease. The new health insurance cards shall be valid from the first day of the month succeeding the month of notification of the decrease.
6. If employees still pay monthly health insurance premiums when being in temporary detention or custody or suspended from work to serve investigation for concluding whether he/she commits violations, their granted health insurance cards shall continue to be used. In cases competent agencies determine that they are guilty, their health insurance cards shall be used until the end of the month in which their units notify decreases.
7. Provincial-level Social Security Offices shall extend the validity period of health insurance cards in the administrative database, and shall not print out any new health insurance cards for renewal (except for cases where health insurance cards are lost, damaged or have the information changed).”
74. To amend and supplement Article 48 as follows:
“Article 48. System of documents, books and forms
System of documents, books and forms shall be open on the interlinked software system for collation and reporting purposes according to the enclosed Appendix.”
75. To amend and supplement Point 1.6, Clause 1, Article 51 as follows:
“1.6. Directors of district-level Social Security Offices shall assign their cadres, civil servants, public employees and employees according to tasks in the professional teams defined in this Document to carry out the procedures for collection of insurance premiums, grant of social insurance books and health insurance cards. Cadres, civil servants, public employees and employee shall take responsibility before Directors of provincial-level and district-level Social Security Offices and before the laws for their assigned tasks even when they leave for enjoyment their insurance regimes or are reassigned to other position.”
76. To add Point 2.6, Clause 2, Article 51 as follows:
“2.6. Strictly manage the receipt and use of blank social insurance books and blank health insurance cards in accordance with this Document.”
77. To amend and supplement Point 2.10, Clause 2, Article 51 as follows:
“2.10. Directors of the provincial-level Social Security Offices shall be responsible for participants’ benefits and late-payment interest of the unit (if any) due to the delayed handling of units or participants’ dossiers between their professional divisions, grant of social insurance numbers, update of collection data and documents related to payment of social insurance, health insurance and unemployment insurance premiums, or grant of social insurance books and health insurance cards. Cadres, civil servants, public employees and employees shall take responsibility before Directors of provincial-level Social Security Offices and before the laws for assigned tasks even when they leave for enjoyment their insurance regimes or are reassigned to other position.”
78. To amend and supplement Point 3.1, Clause 1, Article 51 as follows:
“3.1. Department of Contribution Collection, Department of Finance and Accounting, Department of Social Insurance Book and Health Insurance Card”
79. To add Item dd, Point 3.1, Clause 3, Article 51 as follows:
“dd) Coordinate with the Information Technology Center to update and take acceptance test of the collection management software to ensure that it meets administrative demands and conforms to the collection procedures defined in this Regulations, use and train social security cadres at all levels to use functions of the collection management software.”
80. To amend and supplement the title of Point 3.4, Clause 3, Article 51 as follows:
“3.4. Department of Planning and Investment, Department of Social Insurance Implementation, Department of Health Insurance Implementation, Legal Department, Offices and Information Technology Center shall coordinate with the Department of Contribution Collection and Department of Social Insurance Book and Health Insurance Card in:”
81. To amend and supplement Point 1.6, Clause 1 of Appendix 01 as follows:
“- Decision on demobilization or retirement (In case an army man loses his/her demobilization or retirement decision, a written certification granted by the head of the Regiment or equivalent or higher level that directly manages the army man before his/her demobilization or directly manages the army man after demobilization in the locality is required).”
82. To amend and supplement Item 1.1, Point 1, Section I of Appendix 03
“1.1. People with meritorious services to the revolution specified in the Ordinance on preferential treatment for people with meritorious services to the revolution, including: Revolutionary activists before January 01, 1945; revolutionary activists between January 01, 1945, and the August 1945 Uprising date; Vietnamese heroic mothers; war invalids, persons entitled to policies like war invalids, grade-B war invalids, and diseased soldiers suffering a working capacity decrease of 81% or more; persons participating in resistance wars and infected with agent orange who suffer a working capacity decrease of 81% or more. A dossier used as a basis for adjustment of health insurance insurance coverage stated in a health insurance card may be one of the following papers:
a) War invalid or diseased soldier identity card;
b) Certificate of eligibility for policies like war invalid;
c) Decision on recognition of revolutionary activists before January 01, 1945; revolutionary activists between January 01, 1945, and the August 1945 Uprising date, issued by a Standing Committee of a provincial or municipal Party Committee;
d) Decision on payment of allowances issued by a provincial-level Department of Labor, Invalids and Social Affairs.
dd) Written certification of a provincial-level Department of Labor, Invalids and Social Affairs where the person is receiving monthly allowances or has already received lump-sum allowances (in accordance with the guidance on bases for determination of people with meritorious services to the revolution defined in the Official Dispatch No. 467/NCC dated June 17, 2010 of the Ministry of Labor, Invalids and Social Affairs).
e) Decision on enjoyment of allowances for persons participating in resistance wars and infected with agent orange, clearly stating the working capacity decrease of 81% or more in accordance with the Circular No. 05/2013/TT-BLDTBXH dated May 15, 2013 of the Ministry of Labor, Invalids and Social Affairs.”
83. To amend and supplement the title of Clause 2, Section I of Appendix 03
“2. Veterans defined in the Decree No. 150/2006/ND-CP and Decree No. 157/2016/ND-CP”
84. To amend and supplement Item a, Point 2.2, Clause 2, Section I of Appendix 03
“a) Decision on demobilization or retirement or transfer to work as civil servants, clearly stating the time and place of being directly engaged in and served combat as prescribed in the Decision No. 62/2011/QD-TTg dated November 09, 2011 of the Prime Minister. In case the decision on demobilization or retirement or transfer to work as civil servants does not state the time and place of being directly engaged in and served combat, the written certification on the military service area granted by the Regiment or equivalent or higher level that directly manages him/her before demobilization, made using the Form No. 04B-HBKV - Written personal declaration on the time and location of military service with enjoyment of region-based allowance (issued together with Circular No. 181/2016/TT-BQP for persons serving in the army before January 01, 2007) shall be additionally required.”
85. To amend and supplement the title of Point 2.3, Clause 2, Section I of Appendix 03
“2.3. Veterans who are officers, professional army men retired after being on active duty.
The social security agency shall, based on their records and data who are retired by the military agency, issue health insurance cards according to the interests of veterans.”
86. To amend and supplement the title of Point 2.4, Clause 1, Section I of Appendix 03
“2.4. Officers, professional army men already fulfilling their tasks during construction and protection of the nation, who have been discharged from the army, retired or transferred to work as civil servants.
A dossier used as a basis for adjustment of the coverage stated in a health insurance card may be one of the following papers: Decision on demobilization or retirement.”
87. To amend and supplement Clause 4, Section I, Appendix 03
“4. Ethnic minority people currently living in areas with difficult socio-economic conditions; people currently living in areas with exceptionally difficult socio-economic conditions, people currently living in island communes or districts. Social security agencies shall, based on their household books, make changes in the health insurance coverage stated in health insurance cards.”
88. To amend and supplement Clause 7, Section I of Appendix 03
“7. Members of poor households and near-poor households:
A dossier used as a basis for adjustment of the coverage stated in health insurance cards may be one of the following papers:
a) Certificate of pupils or students from poor households under the Joint Circular No. 18/2009/TTLT-BGDDT-BTC-BLDTBXH
b) Written certification granted the Chairperson of a People's Committee of the commune, ward or township, for a person being member of a poor household or near-poor household according to regular review results (defined in Article 5 of Circular No. 17/2016/TT-BLDTBXH) and Circular No. 14/2018/TT-BLDTBXH).”
89. To amend and supplement Clause 1, Section II, Appendix 03
“1. Participants or units requesting changes to information in health insurance cards
1.1. In cases of changes in personal information due to participants’ wrong declaration in comparison to information in original dossiers
The dossier used as a basis for adjustment of information in health insurance cards may be one of the following papers: People identity card, citizen identity card, passport or other photo-stuck personal identification papers issued by a competent agency or organization such as: Written certification granted by a commune-level Public Security agency or written certification granted by the educational institution that manages the student, etc.
1.2. If changes in personal information due to their units’ wrong declaration in comparison to information in participants’ dossiers:
Social security agencies shall review, notify and coordinate with the units in making any adjustment in information in health insurance cards.
1.3. Add codes of local jurisdictions where participants are residing, for participants being ethnic minority people and poor household members currently living in areas with difficult socio-economic conditions, areas with exceptionally difficult socio-economic conditions; or people currently living in island communes or districts.
The dossier used as a basis for adjustment of information in health insurance cards may be one of the following papers:
a) For employees: The social security agencies shall be responsible for coordinating with relevant units in reviewing and determining locations where participants are working to grant appropriate codes of residence.
b) For other participants: their household books.”
90. To amend and supplement Clause 2, Section II, Appendix 03
“People identity card, citizen identity card, passport or other photo-stuck personal identification papers issued by a competent agency or organization such as: Written certification granted by a commune-level Public Security agency or written certification granted by the educational institution that manages the student, etc.”
91. To amend and supplement forms issued together with Decision No. 595/QD-BHXH, Decision No. 888/QD-BHXH dated July 16, 2018 of the Director General of the Vietnam Social Security, on amending and supplementing a number of articles of Procedures for collection of social insurance, health insurance premiums, occupational accident and disease insurance premiums; management of social insurance books and health insurance cards which is issued together with Decision No. 595/QD-BHXH (attached forms).
92. To annul: Point 2.3 Clause 2 Article 2; Clause 4 Article 3; Point 2.4 Clause 2 Article 17; Article 26; Item a Point 1.3 Clause 1, Item a Point 2.3 Clause 2, Item a Point 3.3 Clause 3 Article 31; Clause 2 Article 43; Items b, c, d, e, g, h, i, k, l and m, Point 2.1, Section I; Items b, c, d and e, Point 2.2, Section I of Appendix 03 issued together with Decision No. 595/QD-BHXH, Appendix 03 issued together with Decision No. 888/QD-BHXH dated July 16, 2018 of the Director General of the Vietnam Social Security, on amending and supplementing a number of articles of Procedures for collection of social insurance, health insurance premiums, occupational accident and disease insurance premiums; management of social insurance books and health insurance cards issued together with Decision No. 595/QD-BHXH; Decision No. 618/QD-BHXH dated May 30, 2019 of the Vietnam Social Security, on promulgating the form of Notice on results of payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums (Form C12-TS); Official Dispatch No. 2326/BHXH-BT dated June 27, 2019 of the Vietnam Social Security, on providing the details about payment of social insurance, health insurance and unemployment insurance premiums, occupational accident and disease insurance premiums.
Article 2. This Decision takes effect on May 01, 2020. Relevant documents previously promulgated by the Vietnam Social Security that are contrary to this Decision shall cease to be effective.
Article 3. Head of the Department of Contribution Collection, Head of Department of Social Insurance Book and Health Insurance Card, Heads of units under the Vietnam Social Security and Directors of Social Security Offices of provinces and centrally-run cities shall be responsible for implementing this Decision./.
| FOR THE DIRECTOR GENERAL DEPUTY DIRECTOR GENERAL Tran Dinh Lieu |
* All Appendices are not translated herein.