Decision No. 08/2015/QD-TTg dated March 09, 2015 of the Prime Minister on piloting e-transactions in implementation of procedures for participating in social, health and unemployment insurance and requesting the grant of social insurance books and health insurance cards

DECISION

On piloting e-transactions in implementation of procedures for participating in social, health and unemployment insurance and requesting the grant of social insurance books and health insurance cards[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Law on E-Transactions;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the June 29, 2006 Law on Social Insurance;

Pursuant to the November 14, 2008 Law on Health Insurance and the June 13, 2014 Law Amending and Supplementing a Number of Articles of the Law on Health Insurance;

Pursuant to the November 16, 2013 Law on Employment;

Pursuant to the Government’s Decree No. 26/2007/ND-CP of February 15, 2007, detailing the implementation of the Law on E-Transactions regarding digital signatures and digital signature-certification services; Decree No. 106/2011/ND-CP of November 23, 2011, amending and supplementing a number of articles of the Government’s Decree No. 26/2007/ND-CP; and Decree No. 170/2013/ND-CP of November 13, 2013, amending and supplementing a number of articles of the Government’s Decrees No. 26/2007/ND-CP of February 15, 2007, and No. 106/2011/ND-CP of November 23, 2011;

At the proposal of the General Director of Vietnam Social Security,

The Prime Minister promulgates the Decision on piloting e-transactions in implementation of procedures for participating in social, health and unemployment insurance and requesting the grant of social insurance books and health insurance cards.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decision provides for e-transactions in implementation of procedures for participating in social, health and unemployment insurance and requesting the grant of social insurance books and health insurance cards (below collectively referred to as e-transactions in the field of social insurance).

Article 2.Subjects of application

1. Enterprises, state agencies, non-business units and organizations participating in social, health and unemployment insurance in accordance with law (below referred to as employers) that choose to apply the mode of e-transactions in the field of social insurance.

2. Providers of e-transaction services in the field of social insurance (below referred to as I-VAN service providers).

3. Social insurance agencies.

Article 3.Interpretation of terms

In this Decision, the terms below are construed as follows:

1. E-transactions in the field of social insurance means the implementation by electronic means of procedures for participating in social, health and unemployment insurance and requesting the grant of social insurance books and health insurance cards.

2. Data messages of e-transactions in the field of social insurance means information created, sent, received and stored by electronic means.

3. Electronic social insurance dossier means data messages of an e-transaction for participating in social insurance, health insurance or unemployment insurance or requesting the grant of a social insurance book or health insurance card.

4. Electronic social insurance transaction account means an account granted by the Vietnam Social Security to an employer to log in to the portal of the Vietnam Social Security or an I-VAN service provider to conduct e-transactions in the field of social insurance.

5. I-VAN service provider means an organization operating in the field of information technology that signs a contract on provision of insurance-value added network services with the Vietnam Social Security.

6. Insurance-value added network services (below referred to as I-VAN services) means the services of receiving, transmitting, storing and restoring data messages of e-transactions in the field of social insurance conducted between employers and social insurance agencies via I-VAN service providers after employers pay a sum of money for use of e-transaction services.

7. The Vietnam Social Security website means the only network access point where information channels, applications and services of the Vietnam Social Security are linked and integrated for exploitation and use.

8. The Vietnam Social Security portal means the only network access point of the Vietnam Social Security’s information technology system set up to receive and transmit from/to I-VAN service providers, and store, data messages of e-transactions in the field of social insurance.

Article 4.Principles of e-transactions in the field of social insurance

1. To comply with the laws on e-transactions, social, health and unemployment insurance and relevant laws.

2. To ensure the non-interruption, timeliness, clearness, accuracy, equality, truthfulness, safeness and effectiveness and compliance with the law on confidentiality and integrity of information.

3. To possess valid digital certificates granted by digital signature certification service providers in accordance with law when conducting e-transactions in the field of social insurance.

Article 5.Conditions for employers to be allowed to conduct, and options for conducting, e-transactions in the field of social insurance

1. An employer conducting e-transactions in the field of social insurance must fully satisfy the following conditions:

a/ Having a digital certificate as prescribed in Clause 3, Article 4 of this Decision;

b/ Having access to, and being able to use, the Internet; having registered with the Vietnam Social Security a permanent email address.

2. The employer may select to conduct e-transactions in the field of social insurance directly via the website of Vietnam Social Security under Article 18 of this Decision or via the portal of an I-VAN service provider under Article 22 of this Decision.

Article 6.Criteria for selection of organizations operating in the field of information technology to sign contracts on provision of I-VAN services

1. Entity:

a/ Being an enterprise established under the Law on Enterprises or the Law on Investment and operating in the field of information technology in Vietnam;

b/ Having at least 3 years’ experience in the field of information technology; having successfully established electronic data interchange systems with at least 10 agencies and organizations.

2. Finance and head office:

a/ Having sufficient financial capacity to establish an electronic data interchange system and possessing technical equipment and facilities to organize and maintain operations on par with the scale of I-VAN service provision;

b/ Having obtained a written guarantee of a credit institution lawfully operating in Vietnam for addressing risks and paying compensation for damage which might occur in the course of service provision;

c/ Having a head office and locations for safe installation of equipment suitable to the form of service provision.

3. Personnel:

a/ Having at least 5 employees possessing a university degree in information technology, practical experiences of network administration, electronic data interchange system confidentiality and database administration, and deep understanding of the laws on social, health and unemployment insurance;

b/ Having technical staff on standby 24/7 to maintain the electronic data interchange system and support I-VAN service users.

4. Techniques:

a/ Technical systems, equipment and facilities must meet the following conditions:

- Providing services to employers and connecting with the Vietnam Social Security portal 24 hours a day and seven days a week, even on weekends, holidays and New Year festivals, except maintenance periods. The time period for suspending the operation of the electronic data interchange system for maintenance in a year must not exceed 3% of the total number of hours of service provision in that year;

- Being capable of detecting, warning and preventing illegal access and different types of network attacks so as to assure the confidentiality and integrity of data exchanged among involved parties;

- Having data backup, online data backup and data recovery processes; being capable of restoring data within 8 hours after the electronic data interchange system breaks down.

b/ Transactions and storage of social insurance dossiers must meet the following conditions:

- Storing transaction results and electronic social insurance dossiers pending the completion of the transactions concerned;

- Storing original data messages of e-transactions at an online accessible electronic data interchange system;

- Having a backup plan and system to settle extraordinary situations and remedy incidents so as to maintain safe and uninterrupted operation of the electronic data interchange system.

c/ Requirements on e-transaction logs

- Storing e-transaction logs for at least 10 years since the time of successful completion of transactions;

- Facilitating the monitoring of e-transaction logs and search of information on the electronic data interchange system during the period of storage.

d/ Meeting data connection standards prescribed by the Vietnam Social Security.

Chapter II

RIGHTS AND OBLIGATIONS OF EMPLOYERS, I-VAN SERVICE PROVIDERS AND SOCIAL INSURANCE AGENCIES

Article 7.Rights of employers

1. To conduct e-transactions in the field of social insurance in accordance with the Law on E-Transactions, this Decision and relevant laws.

2. To select any of the social insurance portals defined in Clause 2, Article 5 of this Decision.

3. To receive guidance and assistance from the Vietnam Social Security or I-VAN service providers for timely settlement of incidents occurring in the course of conducting e-transactions.

4. To have the confidentiality and integrity of information on their e-transactions secured by the Vietnam Social Security and I-VAN service providers in accordance with law.

Article 8.Obligations of employers

1. To create, send and receive electronic social insurance dossiers directly through the website of the Vietnam Social Security or portals of I-VAN service providers.

2. Not to conduct transactions with paper dossiers for procedures which have already been registered for performance and are being performed by electronic means, except the case prescribed in Clause 6 of this Article.

3. To manage their digital signatures and ensure the accuracy of their digital signatures on electronic social insurance dossiers; to manage names and passwords of their electronic social insurance transaction accounts so as to assure the safety and confidentiality of information and data on electronic data interchange systems of I-VAN service providers and the information technology system of the Vietnam Social Security.

4. To store and assure the integrity of electronic social insurance dossiers in accordance with the laws on archives, e-transactions, and social, health and unemployment insurance, and relevant laws.

5. To comply with regulations on assurance of safety and security for electronic data interchange systems of I-VAN service providers and the information technology systems of social insurance agencies.

6. To prepare and submit a paper social insurance dossier to their managing social insurance agencies within 5 working days after the deadline for submission of electronic social insurance dossiers in case the electronic data interchange system or technical infrastructure incident has not yet been handled by such deadline.

7. To comply with terms of contracts signed with I-VAN service providers and pay I-VAN service charges according to the signed contracts.

8. To submit to inspection and examination of implementation of social, health and unemployment insurance by competent state agencies in accordance with law.

9. To be liable before law for their declarations in electronic social insurance dossiers in accordance with the laws on e-transactions and social, health and unemployment insurance, and relevant laws.

10. To perform other obligations prescribed by law.

Article 9.Rights of I-VAN service providers

1. To be connected with the Vietnam Social Security’s portal so as to provide the services of e-transactions in the field of social security.

2. To be supported by the Vietnam Social Security in social, health and unemployment insurance operations for receipt and transmission of electronic social insurance data between employers and the Vietnam Social Security; to be provided with standard forms and formats for use in the provision of I-VAN services.

3. To be supported by the Vietnam Social Security in settlement of social, health and unemployment insurance operation-related problems arising in the course of I-VAN service provision.

4. To terminate I-VAN service provision contracts signed with the Vietnam Social Security according to contractual agreements in accordance with law.

5. To sign I-VAN service  provision and use contracts with employers and terminate such contracts in accordance with law; to collect service charges from employers under the signed contracts in accordance with law.

6. To refuse in accordance with law to provide I-VAN services to organizations ineligible for entering into e-transactions or having violated signed contracts.

Article 10.Obligations of I-VAN service providers

1. To establish channels connected to the Vietnam Social Security’s portal in conformity with connection standards issued by the Vietnam Social Security.

2. To publish on their service introduction websites information on the operation modes and quality of their services.

3. To provide I-VAN services to employers with whom they have signed contracts.

4. To assure constant connection, confidentiality and integrity of dossier information, and necessary conditions for conducting e-transactions in the field of social insurance.

5. To receive, transmit, store and restore data messages of e-transactions in the field of social insurance, assuring timeliness, accuracy and integrity of electronic social insurance dossiers; to forward electronic social insurance dossiers to the Vietnam Social Security’s portal within 2 hours after receipt from employers; to send notices of certification of receipt of electronic social insurance dossiers to employers using I-VAN services according to regulations.

6. To comply with the laws on information technology and telecommunications and technical, professional and information confidentiality regulations promulgated by competent agencies.

7. To store the results of every receipt and transmission of electronic social insurance data; to store electronic social insurance dossiers pending completion of transactions.

8. To store e-transaction logs on their electronic data interchange systems as prescribed at Point c, Clause 4, Article 6 of this Decision.

9. To notify employers and the Vietnam Social Security via email 10 days in advance in case of suspending their electronic data interchange systems for maintenance and take handling measures to assure the interests of involved parties.

10. To provide sufficient information and data and make regular and extraordinary reports on the provision of I-VAN services at the request of the Vietnam Social Security.

11. To regularly update new regulations of the Vietnam Social Security on standard forms and formats for use in e-transactions in the field of social insurance.

12. To coordinate with the Vietnam Social Security in supporting employers in using services and conducting e-transactions in the field of social insurance.

Article 11.Rights of social insurance agencies

1. To request I-VAN service providers to establish connection channels in conformity with the Vietnam Social Security’s regulations on connection standards so as to assure non-interruption, security and safety and provide I-VAN services to employers since the effective date of I-VAN service provision contracts signed with the Vietnam Social Security.

2. To request I-VAN service providers to forward electronic social insurance dossiers to the Vietnam Social Security’s portal within 2 hours after receipt from employers.

3. To request I-VAN service providers to provide services as agreed in the signed contracts.

4. To sign and terminate e-transaction contracts with I-VAN service providers in accordance with law.

Article 12.Responsibilities of social insurance agencies

1. To establish, maintain and assure connection between the Vietnam Social Security’s portal and I-VAN service providers as well as conformity with connection standards issued by the Vietnam Social Security serving the provision of the services of e-transactions in the field of social insurance. To operate the electronic social insurance data receipt and processing system, assuring non-interruption, integrity, security, safety and confidentiality.

2. To receive dossiers and settle employers’ requests for e-transactions in the field of social insurance.

3. To assist employers in receiving, transmitting, storing and restoring e-transaction data messages when requested.

4. To support I-VAN service providers in social insurance operations, serving the receipt, transmission, storage and recovery of e-transaction data messages between employers and the Vietnam Social Security.

5. To timely inform I-VAN service providers and employers of the Vietnam Social Security’s new regulations on standard forms and formats used for the services of e-transactions in the field of social insurance via the Vietnam Social Security’s portal.

6. To coordinate with I-VAN service providers in providing professional support for employers to conduct e-transactions in the field of social insurance when requested.

7. To support I-VAN service providers and employers in settling social, health and unemployment insurance operation-related problems arising in the course of conducting e-transactions in the field of social insurance when requested.

8. To notify and return transactions results in accordance with the laws on e-transactions, social, health and unemployment insurance and relevant laws.

9. To publish the list of I-VAN service providers on the Vietnam Social Security’s website for selection by employers.

10. To terminate transactions using electronic social insurance dossiers in case employers violate regulations on safety and security of the Vietnam Social Security’s information technology system.

11. To examine employers’ implementation of social, health and unemployment insurance in accordance with law.

Chapter III

ELECTRONIC SOCIAL INSURANCE DOSSIERS

Article 13.Electronic social insurance dossiers

1. An electronic social insurance dossier must comprise a declaration and documents specified in the laws on social, health and unemployment insurance, which are in the electronic form.

2. Accompanying paper documents shall be converted into the electronic form and must fully meet the following conditions:

a/ Reflecting the whole content of the paper documents;

b/ Having a specific symbol certifying that the documents have been converted into electronic transaction data messages;

c/ Containing the digital signature and full name of the person who converts paper documents into e-transaction data messages.

3. When paper documents become invalid, relevant contents of e-transaction data messages shall also become invalid.

Article 14.Requirements on and legal validity of electronic social insurance dossiers

1. Requirements on electronic social insurance dossiers

a/ An electronic social insurance dossier must meet management requirements and conform with the laws on e-transactions, social, health and unemployment insurance. In case the law requires a document to be signed, the e-transaction data message concerned is considered lawful if it is signed with a digital signature;

b/ An electronic social insurance dossier must contain the digital signature of the person in charge of signing e-transaction data messages according to regulations. In case the law requires a document to be sealed by a competent agency or organization, the e-transaction data message concerned is considered lawful if it is signed by a competent person using his/her digital signature in accordance with the law on management and use of digital seals and signatures.

2. Legal validity of electronic social insurance dossiers

Electronic social insurance dossiers are legally valid as paper dossiers if satisfying the conditions specified in Clauses 1 and 2, Article 13 and Clause 1, Article 14 of this Decision.

Article 15.Time for submission of electronic social insurance dossiers

1. Electronic social insurance dossier submitters may conduct e-transactions via the Vietnam Social Security’s website or I-VAN service providers’ portals 24 hours a day and 7 days a week, even on weekends, holidays and New Year festivals.

2. The Vietnam Social Security or I-VAN service providers shall send submitters notices of certification of receipt of electronic social insurance dossiers via email within 15 minutes after receipt.

Article 16.Storage of electronic social insurance dossiers

The duration of storage of electronic social insurance dossiers shall comply with the law on archives. An electronic social insurance dossier which can affect the integrity of the information system and other existing electronic social insurance dossiers shall continue to be stored until the time when its destruction no longer affects other e-transactions, even though its storage duration has expired.

Article 17.Cancellation and destruction of electronic social insurance dossiers

1. An electronic social insurance dossier may only be cancelled provided the cancellation is agreed and certified by involved parties and conforms with law or conclusion of competent state agencies. Electronic social insurance dossiers which have been cancelled shall still be stored for reference by competent state agencies.

2. Past its prescribed storage duration, an electronic social insurance dossier may be destroyed unless otherwise provided for by competent state agencies. The destruction of electronic social insurance dossiers must not affect the integrity of electronic social insurance dossiers not yet destroyed and assure the normal operation of the information system.

Chapter IV

PERFORMANCE OF E-TRANSACTIONS IN THE FIELD OF SOCIAL INSURANCE VIA THE VIETNAM SOCIAL SECURITY’S WEBSITE

Article 18.Registration for e-transactions

1. Employers shall fill in a declaration of registration for e-transactions according to form No. 01/DK-GD provided in the Appendix to this Decision and send it to the Vietnam Social Security’s website.

2. Within 3 working days after receiving from an employer a declaration of registration for e-transactions, in case of acceptance, the Vietnam Social Security shall notify and grant via email an e-transaction account to the employer. In case of refusal, the Vietnam Social Security shall notify the employer of the reason.

Article 19.Change and supplementation of information on declarations of registration for e-transactions

1. In case of changing or supplementing information on digital certificate, email address, telephone number or contact person in the declaration of registration for e-transactions, within 5 working days from the date of change or supplementation, the employer shall log in to its/his/her e-transaction account to fill in the declaration of change or supplementation of information on registration for e-transactions according to form No. 02/SD-GD provided in the Appendix to this Decision.

2. Within 3 working days after receiving a declaration of change or supplementation of information on registration for e-transactions, the Vietnam Social Security shall send via email to the employer a notice of certification of change or supplementation of information.

Article 20.Registration for termination of e-transactions in the field of social insurance

1. An employer that wishes to terminate e-transactions in the field of social insurance shall fill in a declaration of registration for termination of e-transactions according to form No. 03/NG-GD provided in the Appendix to this Decision and send it to the Vietnam Social Security’s website.

2. With 3 working days after receiving the declaration, the Vietnam Social Security shall send via email to the employer a notice of certification of termination of e-transactions.

3. From the time the Vietnam Social Security sends the notice of certification of termination of e-transactions in the field of social insurance, the employer shall conduct social insurance transactions with paper dossiers according to regulations. When the employer once again wishes to conduct e-transaction in the field of social insurance, it/he/she shall make registration according to Article 18 of this Decision.

Article 21.Submission of electronic social insurance dossiers via the Vietnam Social Security’s website

1. An employer shall submit electronic social insurance dossiers by either of the following two modes:

a/ The employer shall log in to his/her/its electronic social insurance transaction account, make an electronic social insurance dossier online at the Vietnam Social Security’s website and send it to the Vietnam Social Security;

b/ The employer shall make an electronic social insurance dossier using  software and electronic social insurance transaction supporting instruments meeting the data format standards issued by the Vietnam Social Security and then log in to its/his/her electronic social insurance transaction account to send such dossier to the Vietnam Social Security.

2. Within 2 hours after receiving an electronic social insurance dossier from the employer, the Vietnam Social Security shall send via email to the employer a notice of certification of dossier receipt.

Chapter V

PERFORMANCE OF E-SOCIAL INSURANCE TRANSACTIONS VIA  I-VAN SERVICE PROVIDERS

Article 22.Registration for use of I-VAN services

1. An employer shall fill in the declaration of registration for use of I-VAN services according to form No. 04/DK-IVAN provided in the Appendix to this Decision and send it to the portal of an I-VAN service provider. Within 2 hours after receiving the declaration, the I-VAN service provider shall send it to the Vietnam Social Security’s portal.

2. Within 3 working days after receiving the employer’s declaration of registration for use of I-VAN services, the Vietnam Social Security shall send a notice of certification to the I-VAN service provider. In case of refusal, the Vietnam Social Security shall notify the I-VAN service provider of the reason.

3. Within 2 hours after receiving the Vietnam Social Security’s notice, the I-VAN service provider shall forward such notice to the employer.

Article 23.Change and supplementation of information on declaration of registration for use of I-VAN services

1. In case of changing or supplementing information on the declaration of registration for use of I-VAN services, an employer shall log in to its/his/her electronic social insurance transaction account to make an declaration of change or supplementation of information on registration for use of I-VAN services according to form No.05/SD-IVAN provided in the Appendix to this Decision and send such declaration to the portal of the I-VAN service provider concerned. The I-VAN service provider shall forward such declaration to the Vietnam Social Security’s portal within 2 hours after receiving it.

2. In case of change of the I-VAN service provider, the employer shall register for terminating the use of I-VAN services under Article 24 and carry out procedures for registering the use of I-VAN services under Article 22 of this Decision.

Article 24.Registration for terminating the use of I-VAN services

1. An employer wishing to terminate the use of I-VAN services shall make a declaration of registration for terminating the use of  I-VAN services according to form No. 06/NG-IVAN provided in the Appendix to this Decision and send it to the portal of its/his/her I-VAN service provider; the I-VAN organization shall forward such declaration to the Vietnam Social Security’s portal within 2 hours after receiving it.

2. Within 3 working days after receiving the declaration of registration for terminating the use of I-VAN services, the Vietnam Social Security shall send a notice of certification of termination of the use of I-VAN services to the employer via its/his/her I-VAN service provider.

3. Within 2 hours after receiving the notice of certification of termination of  the use of I-VAN services from the Vietnam Social Security, the I-VAN service provide shall send the notice to the employer.

4. From the time of receiving the notice of certification of termination of the use of I-VAN services, the employer shall carry out social insurance transaction registration procedures with paper dossiers.

Article 25.Submission of electronic social insurance dossiers via I-VAN service providers

1. An employer shall declare and submit an electronic social insurance dossier by either of the following two ways:

a/ The employer shall log in to its/his/her electronic social insurance transaction account and make an electronic social insurance dossier online at the portal of its/his/her I-VAN service provider for submission to the I-VAN service provider;

b/ The employer shall make an electronic social insurance dossier using  software and electronic social insurance transaction supporting instruments meeting data format standards issued by the Vietnam Social Security and then log in to its/his/her electronic social insurance transaction account to send such dossier to its/his/her I-VAN service provider.

2. After receiving the electronic social insurance dossier from the employer, the I-VAN service provider shall send such dossier to the Vietnam Social Security portal and send via email a notice of certification of dossier receipt to the employer within 2 hours.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 26.Effect

This Decision is effective from May 1, 2015, to the effective date of the Government’s Decree  stipulating the order and procedures for participation in, and settlement of benefits under, social security regimes by the mode of e- transaction.

Article 27.Organization of implementation

1. The Vietnam Social Security shall guide dossiers, procedures and processes of e-transaction in the field of social insurance in accordance with the laws on e-transactions, social, health and unemployment insurance and relevant laws for the implementation of this Decision.

2. The Vietnam Social Security shall review and evaluate the results of the pilot implementation of e-transactions in the field of social insurance and propose its recommendations to the Prime Minister before January 1, 2016, and concurrently to the Ministries of Labor, War Invalids and Social Affairs; Health; and Finance.-

Prime Minister
NGUYEN TAN DUNG