Decree No. 43/2021/ND-CP providing for the national database on insurance

DECREE

Providing the national insurance database^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 20, 2014 Law on Social Insurance;

Pursuant to the November 16, 2013 Law on Employment;

Pursuant to the June 25, 2015 Law on Occupational Safety and Health;

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 June 29, 2006 Law on Information Technology;

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

Pursuant to the November 19, 2015 Law on Cyberinformation Security;

Pursuant to the April 6, 2016 Law on Access to Information;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree providing the national insurance database.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the building, management, exploitation and use of the national insurance database; and responsibilities of agencies, organizations and individuals for the building, management, exploitation and use of the national insurance database.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the building, management, exploitation and use of the national insurance database.

Article 3. The national insurance database

1. The national  insurance database means a national database that stores information on social insurance, health insurance and unemployment insurance and information on health and social security in which competent agencies recognize and guarantee insurance-related benefits and obligations of citizens.

2. The national  insurance database is the Government’s database that is uniformly built nationwide and commonly used for agencies, organizations and individuals for the purpose of provision of accurate and prompt information on insurance  to serve state management work and meet socio-economic development requirements as well as legitimate demands of agencies, organizations and individuals.

Article 4. Principles of building, management, exploitation and use of the national insurance database 

1. The national insurance database shall be built and managed in a centralized and uniform manner from the central to local levels.

2. The national insurance database shall be fully, accurately and promptly updated right after relevant administrative and professional procedures are completed; and must maintain its continuous, stable and uninterrupted operation to meet the exploitation and use requirements of agencies, organizations and individuals in accordance with law.

3. The national insurance database shall be stored and have its confidentiality and information security ensured.

4. The building, management, exploitation and use of the national  insurance database must comply with the Law on Social Insurance, Law on Employment, Law on Occupational Safety and Health, Law on Health Insurance, Law on Information Technology, and Law on E-Transactions; regulations on the Vietnamese E-Government architecture; regulations on management, connection and sharing of digital data of state agencies; regulations on protection of privacy, personal secrets and family secrets, and other relevant regulations.

Article 5. Prohibited acts

1. Providing untruthful information.

2. Sabotaging the information infrastructure system or obstructing the operation, stability and continuity of the national insurance database.

3. Illegally accessing the national insurance database; illegally copying, falsifying, altering, deleting or destroying data in the national insurance database.

4. Exploiting, using or disclosing information in the national insurance database in contravention of regulations, infringing upon the rights concerning privacy, personal secrets or family secrets.

Chapter II

BUILDING, MANAGEMENT, EXPLOITATION AND USE OF THE NATIONAL INSURANCE DATABASE

Section 1

BUILDING OF THE NATIONAL INSURANCE DATABASE 

Article 6. Information in the national insurance database

1. The national insurance database must contain the following information:

a/ Basic personal data, including: first name, middle name and last name stated in the birth certificate; birthdate; gender, personal identification number or people’s identity card number; ethnicity; citizenship; place of birth registration; native place, place of permanent residence; first name, middle name and last name, and personal identification number or people’s identity card number of parent, spouse or lawful representative, of a citizen;

b/ Citizens’ contact information;

c/ Information on household: household identification number; address; list of household members;

d/ Information on social insurance: social insurance code; code of the unit managing social insurance participants; managing social insurance agency; categories of social insurance participants; method of premium payment; process of payment of social insurance and occupational accident and disease insurance premiums and enjoyment of social insurance and occupational accident and disease insurance benefits; tax identification numbers;

dd/ Information on health insurance: codes of health insurance benefit levels; categories of health insurance beneficiaries; registered place of health insurance-covered initial medical care; expiration time; the time marking a health insurance participant’s full payment of health insurance premiums for 5 consecutive years; process of payment of health insurance premiums and enjoyment of health insurance benefits;

e/ Information on unemployment insurance: process of payment of unemployment insurance premiums and enjoyment of unemployment insurance benefits;  period of unemployment insurance premium payment reserved as a basis for calculating the period of enjoyment of unemployment allowance;

g/ Information on employer: name; enterprise identification number/serial number of establishment decision; tax identification number; head office address; business line(s) (or main business line(s))/field(s) of operation; telephone number, email address; type of enterprise/type of organization; method of insurance premium payment;

h/ Basic information on health;

i/ Information on social security;

2. The information specified at Points d, dd and e, Clause 1 of this Article is the original data of the national insurance database.

Article 7. Collection of information in the national insurance database

1. The information specified at Point a, Clause 1, Article 6 shall be exploited from the national population database.

2. The information specified at Points b, c, d, dd and e, Clause 1, Article 6 shall be extracted, selected, and synchronized with data, from specialized databases managed by the Vietnam Social Security.

3. The information specified at Point g, Clause 1, Article 6 shall be synchronized with data from the national business registration database and other relevant databases.

4. The information specified at Point h, Clause 1, Article 6 shall be extracted, selected, and synchronized with data, from databases managed by the Ministry of Health.

5. The information specified at Point i, Clause 1, Article 6 shall be extracted, selected, and synchronized with data, from specialized databases managed by the Ministry of Labor, Invalids and Social Affairs.

6. In case the data specified in Clause 1, Article 6 cannot be collected under Clauses 1, 2, 3, 4 and 5 of this Article, they shall be synchronized with specialized data sources managed by the Vietnam Social Security and other relevant data sources.

Article 8. Updating and modification of information in the national insurance database

1. Information in the national insurance database shall be updated and modified from the following sources:

a/ Results derived from the performance of administrative and professional procedures;

b/ Modification proposals of agencies, organizations and individuals upon changing information or detecting incomplete or inaccurate information in the national insurance database;

c/ Other relevant databases upon any change.

2. Agencies managing relevant national databases and specialized databases shall update and modify the information specified in Clause 1 of this Article.

Article 9. Funds for the national insurance database 

1. For ministries, central agencies and localities, funds must comply with the Government’s Decree No. 73/2019/ND-CP of September 5, 2019, prescribing the management of investment in information technology application funded by the state budget.

2. For tasks assigned to the Vietnam Social Security, funds shall be allocated from funding sources reserved for expenses for management of social insurance, unemployment insurance and health insurance, and other funds for management work in accordance with law.

Section 2

EXPLOITATION AND USE OF DATA IN THE NATIONAL INSURANCE DATABASE

Article 10. Subjects eligible for data exploitation and use

1. The Vietnam Social Security may exploit and use data in the national insurance database to serve specialized professional activities in the field of insurance.

2. The Ministry of Labor, Invalids and Social Affairs may exploit and use data to serve the state management of social insurance, employment and social security.

3. The Ministry of Health may exploit and use data to serve the state management in the field of health, including also information and data on health insurance.

4. The Government Office may exploit data to serve the direction and administration work of the Government and Prime Minister.

5. The Ministry of Information and Communications may exploit and use data in the national insurance database together with other data sources to create added information for the purposes of providing advice and assistance in issuance of policies in e-government and digital government.

6. The Ministry of Public Security and Ministry of National Defense may exploit and use data to serve the state management in the fields of security and national defense.

7. State management agencies may, within the ambit of their functions and tasks, exploit and use data to serve state management activities according to their competence.

8. Agencies, organizations and individuals may exploit and use their information or personal information of others if so agreed by the latter in accordance with law.

Article 11. Modes of data exploitation and use

1. Agencies, organizations and individuals shall exploit and use data in the national insurance database via the National Data Portal, the National Public Service Portal, and the Portal of the Vietnam Social Security, and by other modes to exploit and use data provided by competent agencies.

2. Agencies, organizations and individuals may extract their information from the national insurance database. The extracted data shall be digitally signed by the Vietnam Social Security and are as valid as written certifications issued by competent agencies.

3. Agencies and organizations may not request individuals to provide relevant documents if they have exploited information of such individuals in the national insurance database.

Article 12. Connection and sharing of data

The connection and sharing of information between the national insurance database and other national databases and specialized databases must comply with the Government’s Decree No. 47/2020/ND-CP of April 9, 2020, on the management, connection and sharing of digital data in state agencies (below referred to as Decree No. 47/2020/ND-CP).

Section 3

MANAGEMENT ON THE NATIONAL INSURANCE DATABASE

Article 13. State management of the national insurance database 

1. The Government shall perform the unified state management of the national insurance database.

2. The Ministry of Labor, Invalids and Social Affairs and Ministry of Health shall, within the ambit of their powers, assist the Government in performing the state management of the national insurance database.

3. Ministries and ministerial-level agencies shall, within the ambit of their powers, assist the Government in performing the state management of the national insurance database.

Article 14. Examination, evaluation and maintenance of data in the national insurance database 

1. The national insurance database shall be examined, evaluated and maintained under Article 16 of Decree No. 47/2020/ND-CP.

2. The Vietnam Social Security shall organize periodical examination, evaluation and maintenance of data, and send before December 31 every year reports thereon to the Ministry of Labor, Invalids and Social Affairs, Ministry of Health and Ministry of Information and Communications.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To provide the information specified at Point i, Clause 1, Article 6 of this Decree and ensure the accuracy and timeliness of the provided information.

2. To coordinate with the Ministry of Health, Ministry of Information and Communications, Vietnam Social Security and related agencies in managing, exploiting and using the national insurance database.

Article 16. Responsibilities of the Ministry of Health

1. To provide the information specified at Point h, Clause 1, Article 6 of this Decree and ensure the accuracy and timeliness of the provided information.

2. To coordinate with the Ministry of Labor, Invalids and Social Affairs, Ministry of Information and Communications, Vietnam Social Security and related agencies in managing, exploiting and using the national insurance database.

Article 17. Responsibilities of the Ministry of Information and Communications

1. To connect the national insurance database with the national data exchange platform in order to provide data services for information systems of state agencies.

2. To connect the national insurance database with the National Data Portal and the Data Sharing Service Management System to assist state agencies in carrying out procedures for, and handling, requests for data connection and sharing.

3. To research and exploit data in the national insurance database and other national databases and databases of ministries, sectors and localities in order to provide information serving direction and administration work and formulation of policies and strategies for e-government development.

4. To coordinate with the Vietnam Social Security and related agencies in formulating and promulgating according to its competence regulations and national technical regulations on the structure of data to be exchanged between information systems/databases and the national insurance database.

Article 18. Responsibility of the Ministry of Public Security

To coordinate with the Vietnam Social Security in formulating regulations on connection and sharing of information related to social insurance, health insurance and unemployment insurance managed by the Ministry of Public Security in accordance with regulations on information confidentiality and security and assurance of national security.

Article 19. Responsibility of the Ministry of National Defense

To coordinate with the Vietnam Social Security in formulating regulations on connection and sharing of information related to social insurance, health insurance and unemployment insurance managed by the Ministry of National Defense in accordance with regulations on information confidentiality and security and assurance of national defense and security.

Article 20. Responsibilities of the Government Office

1. To connect and share data certified from e-copies and public service data related to the national insurance database under current regulations.

2. To connect the Government Report Platform and Center for Information and Directions from the Government and Prime Minister with the national insurance database to serve the direction and administration work of the Government and Prime Minister.

Article 21. Responsibilities of the Vietnam Social Security

1. To act as the agency managing the national insurance database.

2. To assume the prime responsibility for building, updating, maintaining, exploiting and using the national insurance database.

3. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, developing the process of collection, updating and modification of information in the national insurance database.

4. To provide data in the national insurance database in accordance with Decree No. 47/2020/ND-CP.

5. To connect and provide data from the national insurance database to the National  Data Portal to assist agencies, organizations and individuals in exploiting information in accordance with this Decree. The connection and sharing of information must ensure protection of state secrets, personal secrets, family secrets and privacy in accordance with Articles 5 and 6 of Decree No. 47/2020/ND-CP.

6. To review regulations and procedures in the fields of social insurance, unemployment insurance and health insurance for simplifying personal papers on the basis of using data in the national insurance database.

7. To manage and operate the system to ensure its uninterrupted and continuous operation; to ensure infrastructure conditions for data connection and exchange in accordance with Article 27 of Decree No. 47/2020/ND-CP.

8. To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, formulating plans and solutions to respond to information security and cyber security incidents of the national insurance database; to develop and implement solutions on security surveillance for the information system of the national insurance database.

9. To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, formulating and promulgating according to its competence technical regulations on the structure of data to be exchanged, and regulations on, and process of, sharing of specialized data under its management; to promulgate regulations on exploitation and use of data in national databases which it is assigned to manage and databases of ministries and sectors under its management.

Article 22. Responsibilities of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees

1. To share and connect information in national databases and specialized databases under their management with the national insurance database.

2. To review regulations and procedures under their management for simplifying personal papers on the basis of using data from the national insurance database.

Article 23. Rights and responsibilities of organizations and individuals

1. To exploit and use data in the national insurance database in accordance with this Decree.

2. To lodge complaints and denunciations according to the law on complaints and denunciations when having their rights to exploit and use data infringed upon.

3. To comply with the principles specified in Article 4 of this Decree and competent authorities’ regulations on the building, management, exploitation and use of the national insurance database.

4. To ensure the completeness and accuracy of the data they provide. To update and promptly notify data-managing agencies of changes or errors of the data they provide.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 24. Effect

This Decree takes effect on June 1, 2021.

Article 25. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC