Integrated Document No. 10/VBHN-VPQH dated December 31, 2015 of the Office of the National Assembly integrates the Laws on Health Insurance

THE OFFICE OF THE NATIONAL ASSEMBLY

Integrated Document No.  10/VBHN-VPQH dated December 31, 2015 of the Office of the National Assembly integrates the Laws on Health Insurance

The Law on Health Insurance No. 25/2008/QH12 dated November 14, 2008 of the National Assembly, coming into force as of July 01, 2009, is amended and supplemented by:

1. The Law No. 46/2014/QH13 dated June 13, 2014 of the National Assembly on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

2. The Law on Fees and Charges No. 97/2015/QH13 dated November 25, 2015 of the National Assembly, taking effect as of January 01, 2017.

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 which is amended under the Resolution No. 51/2001/QH10;

This Law on Health Insurance is promulgated by the National Assembly1.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1. This Law provides for policies on health insurance, including eligible participants of health insurance, health insurance premiums, responsibilities and methods of payment of health insurance premiums; health insurance cards; health insurance coverage; provision of medical services for policyholders; reimbursement of costs of covered medical services; health insurance fund; rights and obligations of the parties involved in health insurance.

2. This law applies to domestic and foreign organizations and individuals in Vietnam that are involved in health insurance.

3. The commercial health insurance is not governed by this Law.

The Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance is promulgated under the following grounds:

Article 2. Interpretation of terms

In this document, these terms are construed as follows:

1.2Health insuranceis a form of compulsory insurance which is organized by the State for non-profit purposes to look after the health of the entities prescribed in this Law.

2.Universal coverage of health insurance refers to the fact that all of the eligible participants of health insurance prescribed in this Law participate in health insurance.

3.Health insurance fund means a financial fund that is set up from collected health insurance premiums and other lawful collections and used to pay for medical expenses incurred by policyholders, managerial costs of health insurers and other lawful costs related to health insurance.

4.Employers include state agencies, public service providers, people’s armed forces, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, enterprises, cooperatives, household businesses and other organizations; foreign organizations and international organizations that are operating in the territory of Vietnam and responsible for making payment of health insurance premiums.

5.Initial provider of covered medical servicesrefers to the first health facility that is registered by policyholder and indicated in his/her health insurance card.

6.Health insurance assessment means professional activities conducted by a health insurer to evaluate the reasonableness of medical services provided to a policyholder serving as a basis for the reimbursement of costs of covered medical services.

7.3Household participating in health insurance(hereinafter referred to as the household) means all of the persons whose names are included in the family register or the temporary residence book of a household participate in health insurance.

8.4Basic medical services package covered by the health insurance fundincludes essential medical services provided to take care of the health of policyholders in conformity with payment capacity of the health insurance fund. 

Article 3. Health insurance principles

1. Risks are ensured to be shared between policyholders.

2.5Health insurance premium shall be expressed as a percentage of the salary which is used as the basis for paying contributions to compulsory social insurance fund as regulated by the Law on Social Insurance (hereinafter referred to as monthly salary), pension, allowance or statutory pay rate.

3.6Health insurance coverage rate depends on the seriousness of sickness and the group of eligible participants to which a policyholder belongs within the scope of the benefits and the period of paying health insurance premium.

4. Costs of covered medical services shall be jointly paid by the health insurance fund and policyholders.

5. The health insurance fund shall be managed in a concentrated, consistent, public and transparent manner for ensuring the balance between revenues and expenditures, and be protected by the State.

Article 4. State policies on health insurance

1. The State shall fully or partially pay health insurance premiums for people with meritorious services to the revolution and a number of social beneficiaries.

2. The State adopts incentive policies for the health insurance fund’s investments in order to preserve and increase the fund.  The health insurance fund’s revenues and profits from its investments are tax-free.

3. The State creates favorable conditions for organizations and individuals to participate in health insurance or pay health insurance premiums for several groups of eligible participants.

4. The investment in technological development and advanced technical facilities for health insurance management is also encouraged by the State.

Article 5. Health insurance authorities

1. The Government performs the consistent state management of health insurance.

2. Ministry of Health assumes responsibility before the Government for the state management of health insurance.

3. Ministries and ministerial-level agencies shall, within the ambit of their assigned tasks and powers, coordinate with Ministry of Health in performing the state management of health insurance.

4. People’s committees of all levels shall, within the ambit of their assigned tasks and powers, perform the state management of health insurance in their provinces.

Article 6. Ministry of Health’s responsibilities for health insurance

Lead and coordinate with relevant ministries, ministerial-level agencies, authorities and organizations in discharging the following duties:

1. Formulate policies and laws on health insurance, and organize medical system, professional medical routes and financial sources to serve the protection, caring and improvement of people’s health on the basis of universal coverage of health insurance.

2. Formulate strategies, planning and master plans for health insurance development.

3.7Promulgate regulations on professional and technical qualifications, medical examination and treatment procedures and guidance on medical treatment; referral of insured patients between health facilities.   

4. Work out and propose solutions for ensuring the balance of health insurance fund to the Government.

5. Propagate and disseminate policies and laws on health insurance.

6. Instruct the implementation of policies on health insurance.

7. Inspect and take actions against violations, complaints or denunciations in the field of health insurance.

8. Monitor, assess and review health insurance activities.

9. Carry out scientific research and international cooperation on health insurance.

10.8Promulgate the basic medical services package covered by the health insurance fund.  

Article 7. Ministry of Finance’s responsibilities for health insurance

1. Coordinate with Ministry of Health and relevant authorities and organizations in formulating policies and laws on health insurance.

2. Inspect the compliance with regulations of laws on financial policies for health insurance and health insurance fund.

Article 7a. Responsibilities of Ministry of Labor, War Invalids and Social Affairs9 
1. Provide instructions on the determination and administration of eligible participants under the management of the Ministry of Labor, War Invalids and Social Affairs as prescribed in the Points d, e, g, h, i and k Clause 3 and Clause 4 Article 12 of this Law.

2. Inspect the implementation of regulations of laws on responsibilities for participating in health insurance of employers and employees as prescribed in Clause 1 Article 12 of this Law and eligible participants under the management of the Ministry of Labor, War Invalids and Social Affairs as prescribed in Points d, e, g, h, i and k Clause 3 and Clause 4 Article 12 of this Law.

Article 7b. Responsibilities of Ministry of Education and Training10

1. Provide instructions on the determination and administration of eligible participants under the management of the Ministry of Education and Training as prescribed in Point n Clause 3 and Point b Clause 4 Article 12 of this Law.

2. Inspect the implementation of regulations of laws on responsibilities for participating in health insurance of eligible participants under the management of the Ministry of Education and Training as prescribed in Point n Clause 3 and Point b Clause 4 Article 12 of this Law.

3. Lead and coordinate with Ministry of Health, relevant ministries and regulatory bodies in providing instructions in the establishment and improvement of school medical system to provide primary medical services to children and students. 

Article 7c. Responsibilities of Ministry of Defence and Ministry of Public Security11

1. Manage and instruct the determination, administration and compilation of lists of eligible participants under the management of Ministry of Defence and Ministry of Public Security as prescribed in Point a Clause 1, Point a and Point n Clause 3, and Point b Clause 4 Article 12 of this Law.

2. Make and send lists of eligible participants applying for health insurance cards as prescribed in Point 1 Clause 3 Article 12 of this Law to health insurers.

3. Inspect the implementation of regulations of laws on responsibilities for participating in health insurance of eligible participants under the management of Ministry of Defence and Ministry of Public Security as prescribed in Point a Clause 1, Point a and Point n Clause 3, and Point b Clause 4 Article 12 of this Law.

4. Cooperate with the Ministry of Health, relevant Ministries and regulatory bodies in instructing health facilities affiliated to Ministry of Defence and Ministry of Public Security to enter into contract for provision of covered medical services with health insurers to provide covered medical services for policyholders.

Article 8. Responsibilities of people’s committees at all levels for health insurance

1. Within the ambit of their assigned tasks and powers, people’s committees at all levels shall have the following responsibilities:

a) Instruct the implementation of policies and laws on health insurance;

b) Ensure funding to pay health insurance premiums incurred by policyholders whose health insurance premiums are fully or partially covered by state budget as regulated in this Law;

c) Propagate and disseminate policies and laws on health insurance;

d) Inspect and take actions against violations, complaints or denunciations in the field of health insurance.

2.12In addition to responsibilities mentioned in Clause 1 of this Article, people s committees of central-affiliated cities or provinces shall provide instructions on mechanism and manpower to perform the state management of health insurance in such provinces or cities, and manage and use funding as prescribed in Clause 3 Article 35 of this Law.

3.13In addition to responsibilities mentioned in Clause 1 of this Article, people’s committees of communes/ wards/ towns (hereinafter referred to as commune-level people’s committees) shall make list of local eligible participants of household-based health insurance as prescribed in Clauses 2, 3, 4 and 5 Article 12 of this Law, except for the entities prescribed in Points a, l and n Clause 3 and Point b Clause 4 Article 12 of this Law; Commune-level people’s committees must make list of children who must be granted health insurance cards at the same time when birth certificates are issued to such children.

Article 9. Health insurer

1. A health insurer is functioned to implement policies and laws on health insurance, and manage and use the balance of the health insurance fund.

2. The Government shall promulgate specific regulations on organizational structure, functions, duties and powers of health insurers.

Article 10. Audit of health insurance fund

The State Audit Office of Vietnam shall audit the health insurance fund and report results thereof to the National Assembly on a periodical basis of once for every three years.

Irregular audit of the health insurance fund may be conducted by the State Audit Office of Vietnam at the request of the National Assembly, the Standing Committee of the National Assembly or the Government.  

Article 11. Prohibited acts

1. Failing to pay or make insufficient payment of health insurance premiums as regulated in this Law.

2. Committing fraud related to or forging health insurance documents or cards.

3. Using collected health insurance premiums or the health insurance fund for improper purposes.

4. Obstructing, troubling or infringing upon the lawful rights and interests of policyholders and relevant parties.

5. Deliberately making false reports or providing false information and data on health insurance.

6. Abusing one’s position, powers or professional operations to act in contravention of the law on health insurance.

Chapter II

ELIGIBLE PARTICIPANTS, HEALTH INSURANCE PREMIUMS, RESPONSIBILITIES AND METHODS OF PAYING HEALTH INSURANCE PREMIUMS

Article 12. Eligible participants of health insurance14

1. The group of eligible participants whose insurance premiums are paid by employers and employees, consisting of:

a) Employees who work under indefinite or at least full three-month contracts; salaried business managers; officials and public employees (hereinafter referred to as employees);

b) Part-time officials of communes, wards or towns under relevant laws.

2. The group of eligible participants, whose insurance premiums are paid by social security agencies, including:

a) Persons receiving monthly retirement pension and disability benefits;

b) Persons receiving monthly social insurance benefits due to occupational accidents, occupational diseases or diseases requiring long-term treatment; beneficiaries of death benefits at the age of 80 or above;

c) Officials of communes, wards or towns who left their employment and are enjoying monthly social insurance benefits;

d) Persons receiving unemployment benefits.

3. The group of eligible participants, whose insurance premiums are covered by state budget, including:

a) Commissioned officers, professional soldiers, non-commissioned officers and soldiers on active duty; professional and technical commissioned officers and non-commissioned officers who work in people s public security forces, officer cadets, non-commissioned officers and soldiers who work under fixed term contract in people s public security forces; ciphers whose salaries are the same as salaries of servicemen; cipher trainees whose benefits are the same as the benefits of students in military or police academies;

b) Officials in communes, wards or towns who left their employment and are receiving monthly benefits from state budget;

c) Persons who stop receiving disability benefits and are enjoying monthly benefits from state budget;

d) People with meritorious services to the revolution, veterans;

dd) Incumbent deputies of the National Assembly and those of People’s Councils at all levels;

e) Children under the age of 6;

g) Persons receiving monthly social protection benefits;

h)  Poor household members; ethnics living in regions facing socio-economic difficulties or extreme socio-economic difficulties; persons living in island communes or districts;

i) Relatives of people with meritorious services to the revolution that are biological parents, spouses or children of revolutionary martyrs; persons rearing revolutionary martyrs;

k) Relatives of people with meritorious services to the revolution other than the entities prescribed in Point i of this Clause;

l) Relatives of the entities prescribed in Point as Clause 3 of this Article;

m) Persons donating their body organs as regulated by laws;

n) Foreigners who are granted scholarship with funding from the state budget for studying in Vietnam.

4. The group of eligible participants, whose insurance premiums are partially covered by state budget, consisting of:

a) Members of near-poor households;

b) Students.

5. The group of household-based participants including household members, except for the entities prescribed in Clauses 1, 2, 3 and 4 this Article.

6. The government shall promulgate regulations on other groups of eligible participants in addition to the eligible participants prescribed in Clauses 3, 4 and 5 this Article; regulations on the issuance of health insurance cards to the entities under the management of the Ministry of Defence, of the Ministry of Public Security and the entities prescribed in Point 1 Clause 3 of this Article; regulations on health insurance implementation route, scope of benefits, health insurance coverage rates, covered medical services, management and use of the funding used to pay for covered medical services, health insurance assessment, reimbursement of costs of covered medical services, and statement of costs of covered medical services for the participants prescribed in Point a Clause 3 of this Article.

Article 13. Health insurance premiums and responsibility for paying health insurance premiums15

1. Health insurance premiums and responsibility for paying health insurance premiums are provided for as follows:

a) The monthly premium paid by the policyholders prescribed in Point a Clause 1 Article 12 of this Law shall not exceed 6% of their monthly salaries, two thirds of which is paid by employers and the remains is paid by employees. In respect of female employees entitled to paid maternity leaves from work as stipulated by the Law on social insurance, the monthly premium rate shall not exceed 6% of monthly pay that they receive before taking their maternity leave and shall be paid by social security agencies;

b) The monthly premium paid by policyholders prescribed in Point b Clause 1 Article 12 of this Law shall not exceed 6% of their statutory pay rates, two thirds of which is paid by employers and the remaining one third is paid by employees;

c) The monthly premium paid by policyholders prescribed in Point a Clause 2 Article 12 of this Law shall not exceed 6% of their pensions or disability benefits and shall be paid by social security agencies; 

d) The monthly premium paid by policyholders prescribed in Point b and Point c Clause 2 Article 12 of this Law shall not exceed 6% of their statutory pay rates and shall be paid by social security agencies; 

dd) The monthly premium paid by policyholders prescribed in Point d Clause 2 Article 12 of this Law shall not exceed 6% of their unemployment benefits and shall be paid by social security agencies; 

e) The monthly premium paid policyholders prescribed in Point a Clause 3 Article 12 of this Law shall not exceed 6% of their monthly salaries with regard to salaried persons and of the statutory pay rates with regard to persons receiving subsistence allowances, and shall be paid by funding from state budget;  

g) The monthly premium paid by policyholders prescribed in Points b, c, d, dd, e, g, h, i, k, l and m c Clause 3 Article 12 of this Law shall not exceed 6% of their statutory pay rates and shall be paid by funding from state budget;

h) The monthly premium paid by policyholders prescribed in Point n Clause 3 Article 12 of this Law shall not exceed 6% of their statutory pay rates and shall be paid by the scholarship providers;

i) The monthly premium paid by policyholders prescribed in Clause 4 Article 12 of this Law shall not exceed 6% of their statutory pay rates and shall be paid by the participants with subsidies from state budget;

k) The monthly premium paid by policyholders prescribed in Clause 5 Article 12 of this Law shall not exceed 6% of their statutory pay rates and shall be paid by policyholders on the household basis.

2. If an individual concurrently belongs to several groups of eligible participants as prescribed in Article 12 of this Law, he/she shall pay insurance premium according to the rate provided for the first group to which he/she belongs according to the order of groups of eligible participants prescribed in Article 12 of this Law.

If an eligible participant prescribed in Point a Clause 1 Article 12 of this Law concludes one or more than one indefinite or 3-month labor contract, the labor contract of which the salary is the highest shall be used as the basis for paying insurance premium.

If an eligible participant prescribed in Point b Clause 1 Article 12 of this Law concurrently belongs to several groups of eligible participants as prescribed in Article 12 of this Law, the payment of his/her insurance premium shall be made according to the following order: payment by social security agency, payment by state budget, payment by the policyholder and commune-level people’s committee.

3. All members of households prescribed in Clause 5 Article 12 of this Law must participate in health insurance. The premium rate shall be lowered from the second member of a household. To be specific:

a) The premium paid by the first member shall not exceed 6% of his/her statutory pay rate;

b) The premiums paid by the second, the third and the fourth shall equal 70%, 60% and 50% of the premium paid by the first member respectively;

c) The premiums paid by the fifth and others shall equal 40% of the premium paid by the first member.

4. The Government shall promulgate regulations on premium rates and subsidies for entities prescribed in this Article.

Article 14. Salaries, wages and benefits used as the basis for paying health insurance premiums

1. Employees salaried under state regulations shall pay health insurance premiums based on their monthly salaries received according to their military ranks or grades, and position, extra-seniority or trade seniority allowances (if any).

2. Employees salaried or remunerated according to their employers’ regulations shall pay health insurance premiums based on their monthly salaries or remunerations indicated in their labor contracts.

3. Persons enjoying monthly pension, disability benefits or unemployment benefit shall pay health insurance premiums based on their monthly received pensions, disability benefits or unemployment benefits.

4.16Other entities shall base on their statutory pay rates to make payment of their health insurance premiums.

5.17The monthly salary which is used as the basis for calculating health insurance premium shall not exceed 20 times the statutory pay rate.

Article 15. Methods of paying health insurance premiums18

1. The employers shall monthly pay health insurance premiums for the employees and transfer the health insurance premiums deducted from the employees’ salaries to the health insurance fund concurrently.

2. With regard to the agricultural, forestry, fishery and salt-making enterprises that do not pay monthly salaries, the employers shall pay quarterly or biannual health insurance premiums for the employees and transfer the health insurance premiums deducted from the employees’ salaries to the health insurance fund concurrently.

3. Social security agencies shall monthly make payment of health insurance premiums as regulated in Points c, d and dd Clause 1 Article 13 of this Law to the health insurance fund.

4. Scholarship providers shall quarterly make payment of health insurance premiums as regulated in Point h Clause 1 Article 13 of this Law to the health insurance fund.

5. State budget-managing agencies shall quarterly transfer health insurance premiums and subsidies as regulated in Points e, g and i Clause 1 Article 13 of this Law to the health insurance fund.

6. Representatives of households and organizations, and individuals shall make full payment of health insurance premiums to the health insurance fund on a regular basis of every 03, 06 or 12 months.

Chapter III

HEALTH INSURANCE CARDS

Article 16. Health insurance cards

1. A health insurance card is granted to a policyholder and used as a basis for enjoying health insurance benefits under this Law.

2. A policyholder may hold only one health insurance card.

3.19The effective dates of the health insurance cards are prescribed as follows:

a) The health insurance cards of policyholders prescribed in Clauses 1, 2 and 3 Article 12 of this Law who purchase health insurance for the first time shall be effective from the payment for health insurance premiums;

b) The second health insurance card and the following ones of a policyholder who continuously purchases health insurance shall be effective as of the expiry of the previous one.

c) The health insurance card of any of policyholders prescribed in Clause 4 and Clause 5 Article 12 of this Law who purchases health insurance from the effective date of this Law or discontinuously purchase health insurance for at least 3 months in a financial year shall be effective after 30 days from the date on which his/her health insurance premium is paid;

d) The health insurance card of a child under the age of 6 shall be effective until that child reaches enough 72 months of age.  If a child reaches enough 72 months of age before the beginning of his/her school year, his/her health insurance card shall be effective up to September 30^thof that year.

4. A health insurance card shall be invalidated in the following cases:

a) It expires;

b) It is erased or modified;

c) The health insurance card holder no longer purchases health insurance.

5.20Each health insurer shall provide a specimen of the health insurance card after obtaining the consent from Ministry of Health.

Article 17. Issuance of health insurance cards21

1. An application for issuance of health insurance card includes:

a) The declaration of new health insurance policyholders made by the applying organization, individual or household;

b) The list of health insurance policyholders as prescribed in Clause 1 Article 12 of this Law made by the employer.   

The list of policyholders as prescribed in Clauses 2, 3, 4 and 5 Article 12 of this Law shall be made by the Commune-level People’s Committee on the household basis, except for the entities prescribed in Point a, l and n Clause 3 and Point b Clause 4 Article 12 of this Law.

The list of policyholders under the management of Ministry of Education and Training or Ministry of Labour, War Invalids and Social Affairs as regulated in Point n Clause 3 and Point b Clause 4 Article 12 of this Law shall be made by the education and training institution or vocational training institution.

The list of policyholders under the management of Ministry of National Defence or Ministry of Public Security as regulated in Point a Clause 1, Point a and Point n Clause 3, Point b Clause 4 Article 12 of this Law, and the list of policyholders as prescribed in Point l Clause 3 Article 12 of this Law shall be made by Ministry of National Defence or Ministry of Public Security.

2. Health insurers shall provide health insurance cards to health insurance policyholders or their governing organizations within 10 working days as of the receipt of sufficient application as regulated in Clause 1 of this Article.

3. The health insurer shall promulgate forms included in an application for issuance of health insurance card prescribed in Clause 1 of this Article after obtaining the consent from Ministry of Health.

Article 18. Re-issuance of health insurance cards 

1. A health insurance card may be re-issued in case of loss.  

2. The person whose health insurance card was lost must apply for re-issuance of health insurance card.

3.22The health insurer must re-issue health insurance card to the policyholder within 07 working days from the receipt of his/her application for re-issuance of health insurance card. The policyholder is still enjoyed all health insurance benefits pending the re-issuance of his/her health insurance card.

4.23(Abrogated)

Article 19. Replacement of health insurance cards

1. A health insurance card may be replaced in the following cases:  

a) The health insurance card is damaged;

b) There is a change in the initial provider of covered medical services;

c) Information specified in the issued health insurance card is not accurate.

2. An application for replacement of a health insurance card consists of:

a) The application form for replacement of health insurance card made by the policyholder;

b) The issued health insurance card.

3. The health insurer must issue another health insurance card to the policyholder within 07 working days as of the receipt of sufficient application as regulated in Clause 2 of this Article. The policyholder is still enjoyed all health insurance benefits pending the replacement of his/her health insurance card.

4. The policyholder applying for replacement of a damaged health insurance card must pay fees. Minister of Finance shall stipulate the rate of fees for replacement of health insurance card.

Article 20. Revocation or seizure of health insurance card

1. A health insurance card may be revoked in the following cases:  

a) Fraud related to the issuance of health insurance card is committed;

b) The health insurance card holder no longer purchases health insurance;

c)24A policyholder is issued with more than one health insurance card.

2. A health insurance card may be seized in case it is used by a person other than its holder to use covered medical services. The person whose health insurance card is seized must present to pay fines and retrieve his/her health insurance card in accordance with laws.

Chapter IV

HEALTH INSURANCE COVERAGE

Article 21. Health insurance coverage

1. A policyholder has the following costs reimbursed by the health insurance fund:

a) Costs of medical examination and treatment, functional rehabilitation, antenatal care and giving birth;

b)25(Abrogated)

b)26Costs of the referral of the insured patient who is any of the entities prescribed in Points a, d, e, g, h and i Clause 3 Article 12 of this Law from a district-level health facility to a superior-level health facility in case of medical emergency or in case the inpatient needs such referral for specialized treatment.

2.27Minister of Health shall take charge and cooperate with relevant ministries and regulatory authorities in promulgating the lists, percentage and conditions for reimbursement of costs of covered medicines, chemicals, medical equipment and services for policyholders.

Article 22. Reimbursement rates by the health insurance fund28

1. When a policyholder uses covered medical services as prescribed in Articles 26, 27 and 28 of this Law, his/her costs of covered medical services shall be reimbursed by the health insurance fund at the following rates:

a) 100% of costs of covered medical services if that policyholder is any of the entities prescribed in Points a, d, e, g, h and I Clause 3 Article 12 of this Law. Costs of non-covered medical services incurred by a policyholder who is any of the entities prescribed in Point a Clause 3 Article 12 of this Law shall be covered by the health insurance funding for medical services allocated to this group of entities. If this funding is not enough to cover such costs, such costs shall be covered by state budget;

b) 100% of costs of covered medical services per visit at a commune-level health facility if the sum of such costs remains lower than the rate promulgated by the Government;

c) 100% of costs of covered medical services if the policyholder has consecutively participated in health insurance for at least 05 years and his/her copayment amount incurred during a year exceeds the sum of his/her statutory-pay-rate salaries of 6 months, except for the case where he/she uses medical services in improper manner;

d) 95% of costs of covered medical services if the policyholder is any of the entities prescribed in Point a Clause 2, Point k Clause 3 and Point a Clause 4 Article 12 of this Law;

dd) 80% of costs of covered medical services incurred by other policyholders.

2. If an individual concurrently belongs to more than one group of participants of health insurance, he/she shall enjoy health insurance benefits according to the group of participants having the highest reimbursement rate.

3. If a health insurance card holder takes medical examination and treatment at a health facility other than the covered one, he/she shall only have medical expenses reimbursed by the health insurance fund as prescribed in Clause 1 this Article according to the following rates, except for cases regulated in Clause 5 of this Article:

a) 40% of inpatient treatment expenses at a central hospital;

b) 60% of inpatient treatment expenses at a provincial hospital from the effective date of this Law to December 31, 2020; 100% of inpatient treatment expenses as of January 01, 2021 at all hospitals in Vietnam;

c) 70% of medical expenses at a district hospital from the effective date of this Law to December 31, 2015; 100% of medical expenses as of January 01, 2016.

4. A policyholder whose registered initial provider of covered medical services is a communal health facility or a general clinic or a district hospital may use covered medical services at any commune health facilities or general clinics or district hospitals within the territory of that province and shall have costs of covered medical services reimbursed as regulated in Clause 1 of this Article as of January 01, 2016.

5. If a policyholder who is an ethnic or a member of a poor household and is living at a region facing socio-economic difficulties or extreme socio-economic difficulties or a policyholder who is living at an island commune/district uses medical services at a health facility other than the covered one, he/she may have medical expenses incurred at a district hospital or inpatient treatment costs at a provincial or central hospital reimbursed by the health insurance fund according to the reimbursement rates prescribed in Clause 1 of this Article.

6. The inpatient treatment expenses incurred by a policyholder using covered medical services at any of provincial hospitals in the territory of Vietnam shall be reimbursed by the health insurance fund according to the reimbursement rates prescribed in Clause 1 of this Article as of January 01, 2021.

7. The Government shall stipulate the reimbursement rates of costs of covered medical services incurred by policyholders living in bordering regions; costs of on-demand and other medical services shall not be governed by regulations in Clause 1 this Article.

Article 23. Non-covered events

1. Cases specified in Clause 1 Article 21 in which medical expenses are covered by state budget.

2. Convalescence at sanatoria or convalescence establishments.

3. Medical check-ups.

4. Prenatal tests and diagnosis for non-treatment purposes.

5. Use of assisted reproductive technologies, family planning services or abortion services, except for cases of discontinuation of pregnancy due to fetal or maternal diseases. 

6. Use of aesthetic services.

7.29Treatment of squint, myopia and eye refraction defect, except for the children under age 6.

8. Use of alternative medical equipment, including prosthetic limbs, eyes, teeth, glasses, hearing aids or movement aids in medical examination, treatment and function rehabilitation activities.

9.30Medical examination, treatment and functional rehabilitation in case of disasters.

10.31(Abrogated)

11. Medical examination and treatment for addiction to drugs, alcohol or other narcotics.

12.32(Abrogated)

13. Medical assessment, forensic examination, forensic psychiatric examination.   

14. Participation in clinical testing or scientific research.  

Chapter V

PROVISION OF MEDICAL SERVICES FOR HEALTH INSURANCE POLICYHOLDERS

Article 24. Providers of covered medical services33

Providers of covered medical services are the health facilities that are prescribed in the Law on medical examination and treatment and have entered into contracts for provision of covered medical services with health insurers.

Article 25. Contracts for provision of covered medical services

1. A contract for provision of covered medical services is a written agreement made between the health insurer and a health facility on the provision of covered medical services and reimbursement of costs of these services.

2. A contract for provision of covered medical services shall consist of the following main contents:

a)34The users of covered medical services and requirements for the scope of provision of covered medical services; estimated quantity of health insurance cards and policyholders using covered medical services if the contractual party is an initial provider of covered medical services.

b)  Method of reimbursement of covered medical services;

c) Rights and responsibilities of the contractual parties;

d) Term of the contract;

dd) Liabilities for breach of the contract;

e) Conditions for modification, liquidation and termination of the contract.

3. Any agreement on conditions for modification, liquidation and termination of the contract defined in Point e Clause 2 of this Article must not interrupt the policyholder’s use of covered medical services.

4.35Ministry of Health shall take charge and cooperate with Ministry of Finance in providing the specimen of the contract for provision of covered medical services.

Article 26. Registration for covered medical services

1. A health insurance policyholder may register for covered primary medical services at a health facility of commune or district or equivalent levels, except for cases in which he/she is entitled to register for covered medical services at a provincial or central health facility in accordance with regulations of the Minister of Health.

If a health insurance policyholder works on a mobile basis or moves to another locality, he/she may use covered primary medical services at a health facility of corresponding technical line in the locality where he/she works or resides in accordance with regulations of the Minister of Health.

2. A health insurance policyholder may change the initial provider of covered medical services at the beginning of every quarter.

3. The name of the initial provider of covered medical services shall be specified in the health insurance card.

Article 27. Referral between health facilities

A provider of covered medical services must send the insured patient in need of specialized treatment beyond its capacity to another provider of covered medical services in accordance with regulations on referral between health facilities.  

Article 28. Procedures for covered medical services

1. A policyholder must present his/her health insurance card with photo when he/she wants to use covered medical services; a health insurance card without photo must be presented together with a written proof of personal identity of its holder; children under 6 years old shall present health insurance cards only.

2. In case of emergency, a policyholder may use covered medical services at any health facility and must present his/her health insurance card together with papers prescribed in Clause 1 of this Article before he/she is discharged from hospital.

3. In case of referral, a policyholder must present referral-related documents made by the initiating health facility.

4. In case of follow-up examination, a policyholder must present his/her appointment note made by the health facility.

Article 29. Health insurance assessment

1. A health insurance assessment consists of the following contents:

a) Checking procedures for using covered medical services;

b) Checking and assessing the medical treatment, prescription, and the use of chemicals, medical equipment, and technical services for the insured patient;

c) Checking and determining costs of covered medical services.

2. The health insurance assessment must be conducted in an accurate, open and transparent manner.

3. The health insurance assessment shall be conducted by health insurers that assume liabilities for results thereof.

Chapter VI

REIMBURSEMENT OF COSTS OF COVERED MEDICAL SERVICES

Article 30. Methods of reimbursement of costs of covered medical services

1. Costs of covered medical services shall be reimbursed upon the following methods:

a)36Rate-based reimbursement refers to the reimbursement of predetermined costs of covered medical services for each policyholder at a health facility over a certain period of time;

b) Service charge-based reimbursement means the reimbursement of costs of covered medical services made on the basis of costs of medicines, chemicals, medical supplies and equipment as well as technical services used by an insured patient;

c) Disease-based reimbursement refers to the reimbursement of costs of covered medical services predetermined according to the physician’s diagnosis.

2. The Government promulgates specific regulations on the application of methods of reimbursement of costs of covered medical services as regulated in Clause 1 of this Article.

Article 31. Reimbursement of costs of covered medical services

1. The health insurer shall make payment of costs of covered medical services to the health facility providing such covered medical services according to the signed contract for provision of covered medical services.

2.37The health insurer shall make reimbursement of costs of covered medical services directly to the health insurance card holder in the following cases:

a) The health insurance card holder uses covered medical services at a health facility that does not sign contract for provision of covered medical services with the health insurer;

b) The health insurance card holder gets medical examination and treatment in breach of Article 28 of this Law;

c) Other special cases are prescribed by Minister of Health.

3. Ministry of Health shall take charge and cooperate with Minister of Finance in regulating procedures and reimbursement rates for the cases prescribed in Clause 2 of this Article.

4. Medical expenses shall be covered by the health insurer on the basis of hospital fees as regulated by the Government.

5.38Ministry of Health shall take charge and cooperate with Minister of Finance in regulating the consistent costs of covered medical services at the same-level hospitals nationwide.

Article 32. Advance funding, reimbursement and settlement of costs of covered medical services39

1. The provider of covered medical services shall receive quarterly advance funding from the health insurer as follows:

a) Within 05 working days from the receipt of the statement of costs of covered medical services provided in the previous quarter by the provider of covered medical services, the health insurer shall pay an advance funding of 80% of costs of covered medical services as defined in the said statement to that provider of covered medical services;

b) A health facility that signs the first contract for provision of covered medical services with the health insurer and has registered as initial provider of covered medical services may receive an advance funding as 80% of its expenditure on medical services according to the health insurer s announcement at the beginning of each term; if a health facility does not register as initial provider of covered medical services, the health insurer shall, on the basis of the expenditure on medical services after one month from the effective date of the signed contract, estimate and provide an advance funding as 80% of expenditures on medical services for that quarter;

c) In case the advance funding paid to providers of covered medical services of a province exceeds the allocated funding in a quarter, the health insurer of that central-affiliated city or province must report to the Vietnam Social Security Administration for allocating additional funding.

2. The reimbursement and settlement of costs between a provider of covered medical services and the health insurer is made as follows:

a) Within the first 15 days of every month, a provider of covered medical services shall send a written request for reimbursement of costs of covered medical services of the previous month to the health insurer; within the first 15 days of every quarter, that provider of covered medical services must also send the statement of costs of covered medical services of the previous quarter to the health insurer;

b) Within 30 days from the receipt of the statement of costs of covered medical services of the previous quarter made by the provider of covered medical services, the health insurer shall notify that provider of the verification result and verified costs of covered health care services, including actual medical expenses within the health insurance coverage and reimbursement rate;  

c) Within 10 days from the notification of verified costs of covered medical services, the health insurer must make reimbursement of costs to that provider of covered medical services; 

d) The verification of annual financial statements of the health insurance fund and allocation of the remaining funding (if any) by the health insurers of central-affiliated cities or provinces must be completed before October 01^stof the following year.

3. Within 40 days from the receipt of complete application for reimbursement of costs of covered medical services submitted by policyholders regulated in Clause 2 Article 31 of this Law, the health insurer must make direct reimbursement of costs of covered medical services to these policyholders.

Chapter VII

HEALTH INSURANCE FUND

Article 33. Sources of funding for setting up the health insurance fund

1. Health insurance premiums paid as regulated in this Law.

2. The health insurance fund’s profits from its investment activities.

3. Financial support/aid provided by domestic and foreign entities.

4. Other lawful sources of revenues.

Article 34. Management of health insurance fund

1.40The health insurance fund shall be managed in a concentrated, consistent, open and transparent manner according to the mechanism of decentralized administration between health insurers.

The Management Board of Vietnam Social Security Administration shall, pursuant to regulations of the Law on social insurance, assume responsibility for managing the health insurance fund and provide consultancy on health insurance policies.

2. The Government shall provide for the management of the health insurance fund; decide on financial sources to ensure the provision of covered medical services in case the health insurance fund faces the imbalance between revenues and expenditures.

3. 41The Government shall send an annual report on the management and use of the balance of the health insurance fund to the National Assembly.

Article 35. Allocation and use of balance of health insurance fund42

1. The balance of the health insurance fund shall be allocated and used as follows:

a) 90% of the health insurance premiums shall be used for covering costs of covered medical services;

b) 10% of the health insurance premiums shall be contributed to the reserve fund and used to cover administrative expense for the health insurance fund, at least 5% of which must be contributed to the reserve fund.

2. The spare amount of the health insurance fund is used to make investments under investment methods regulated in the Law on Social Insurance. The Management Board of Vietnam Social Security Administration shall, at the request of Vietnam Social Security Administration, make decisions on and assume responsibility before the Government for the health insurance fund’s investment methods and structure.

3. If the amount of collected health insurance premiums of a central-affiliated city or province exceeds the funding for covering costs of covered medical services in the same year upon the verification by Vietnam Social Security Administration, the remaining budget shall be used as follows:

a) From the effective date of this Law to the end of December 31, 2020, 80% of that remaining budget shall be transferred to the reserve fund and the remains shall be allocated to the provincial government to use according to the following order of priority:

Make contribution to the fund for provision of medical services to the poor; give support for health insurance premiums paid by a certain groups of entities in conformity with the socio-economic conditions of such province; purchase medical equipment suitable for the capacity and qualification of local health staff; purchase vehicles for sending patients by district hospitals.

Within 01 month from the verification of the financial statements by the Vietnam Social Security Administration, the Vietnam Social Security Administration shall allocate 20% of the remaining budget to the provincial government.

Within 12 months from the verification of the financial statements by the Vietnam Social Security Administration, the remaining budget shall be transferred to the reserve fund;

b) The remaining budget shall be included in the reserve fund as of January 01, 2021.

4. If the amount of collected health insurance premiums of a central-affiliated city or province is less than the expenditure for costs of covered medical services in the same year upon the verification by Vietnam Social Security Administration, the Vietnam Social Security Administration shall use the reserve fund to make up that deficiency.

5. The Government provides for details of Clause 1 of this Article.

Chapter VIII

RIGHTS AND RESPONSIBILITIES OF THE PARTIES INVOLVED IN HEALTH INSURANCE

Article 36. Rights of health insurance policyholders 

A policyholder is entitled to:

1. Be granted health insurance card if paying health insurance premiums.

2.43Purchase health insurance on a household basis at any health insurance agency in Vietnam; choose initial provider of covered medical services as regulated in Clause 1 Article 26 of this Law.

3. Use covered medical services.

4. Receive reimbursement of medical expenses by the health insurer according to health insurance policies.

5. Request health insurer, provider of covered medical services and relevant agencies to explain and provide information about health insurance policies.

6. File complaints or lawsuits against violations in the field of health insurance.

Article 37. Responsibilities of health insurance policyholders 

A policyholder has the responsibility to:

1. Pay health insurance premiums in full and on schedule.

2. Use the health insurance card for proper purposes; not lend the health insurance card to others.

3. Abide by regulations in Article 28 of this Law when using covered medical services.

4. Comply with regulations and instructions by the health insurer and the health facility when using covered medical services.

5. Co-pay the costs of used medical services to the health facility in case of copayment.

Article 38. Rights of payers of health insurance premiums 

A payer of health insurance premiums is entitled to:

1. Request health insurers and competent state authorities to explain and provide information about the health insurance policies.

2. File complaints or lawsuits against violations in the field of health insurance.

Article 39. Responsibilities of payers of health insurance premiums 

A payer of health insurance premium has the responsibility to:

1. Prepare applications for issuance of health insurance cards.

2. Pay health insurance premiums in full and on schedule.

3. Deliver health insurance cards to participants of health insurance.

4. Provide full and accurate information and documents related to the health insurance duties of the employer or the representative of the participant of health insurance at the request of the health insurer, the employee or his/her representative.  

5. Facilitate the inspection of the compliance with regulations of the law on health insurance.

Article 40. Rights of health insurers 

A health insurer is entitled to:

1. Request employers, policyholders and their representatives to provide full and accurate information and documents related to their health insurance duties.

2. Inspect the provision of covered medical services; revoke or seize health insurance cards in cases defined in Article 20 of this Law.

3. Request providers of covered medical services to provide medical records and documents related to the provided medical services to serve the health insurance assessment.

4. Refuse to reimbursed costs of covered medical services provided against regulations of this Law or the contract for provision of covered medical services.

5. Request persons who are liable to pay damages to policyholders to return the costs of medical services which have been paid by health insurers.

6. Propose revision to policies or laws on health insurance and actions against violations against the law on health insurance to competent authorities.

Article 41. Responsibilities of health insurers

A health insurer has the responsibility to:

1. Propagate and disseminate policies and laws on health insurance.

2.44Facilitate the entities prescribed in Clause 5 Article 12 of this Law to pay their health insurance premiums according to households at health insurance agencies. Give instructions on applications, procedures and registration of participation in health insurance, and provide policyholders with health insurance benefits in a quick, simple and convenient manner. Review and confirm the list of policyholders to avoid granting more than one health insurance card to a policyholder as prescribed in Article 12 of this Law, except for the policyholders under the management of Ministry of National Defence and others under the management of Ministry of Public Security.

3. Collect health insurance premiums and grant health insurance cards.

4. Manage and use the balance of health insurance fund.

5. Enter into contract for provision of covered medical services with qualified health facilities.

6. Make reimbursement of costs of covered medical services.

7. Provide information about providers of covered medical services and instruct policyholders in choosing suitable initial providers of covered medical services.

8. Examine the quality of medical services provided by relevant health facilities; carry out health insurance assessment.

9. Protect rights and interests of health insurance policyholders; handle, within its competence, complaints or denunciations of health insurance policies.

10.45Retain the health insurance-related documents and data in accordance with regulations and laws; determine period of paying health insurance premiums to ensure legitimate rights and interests of policyholders; apply information technology to the management of health insurance and build the national database of health insurance.

11. Organize statistical and reporting works, and provide professional guidance on health insurance; make reports on the management and use of the health insurance fund on a periodical basis or upon request.

12. Organize professional training and improvement courses, scientific research and international cooperation on health insurance.

Article 42. Rights of providers of covered medical services

A provider of covered medical services is entitled to:

1. Request health insurers to provide full and accurate information related to policyholders and the funding for their covered medical services.

2. Receive advance funding and reimbursement of costs of covered medical services according to the signed contract for provision of covered medical services.

3. Propose actions against violations in the field of health insurance to competent authorities.

Article 43. Responsibilities of providers of covered medical services

A provider of covered medical services has the responsibility to:

1. Provide quality medical services with simple and convenient formalities for policyholders.

2.46Provide medical records and documents related to medical services and payment of costs of medical services by policyholders upon the request of health insurers and competent state authorities; with regard to request for direct reimbursement of costs of medical services, provide medical records and documents related to medical services used by policyholders within 05 working dates from the receipt of the health insurer’s request.

3. Enable health insurers to conduct assessment works; coordinate with health insurers in propagating and explaining health insurance policies to health insurance policyholders.

4. Check and inform health insurers of violations against regulations on use of health insurance cards; coordinate with health insurers in revoking or seizing health insurance cards in cases prescribed in Article 20 of this Law.

5. Manage and use the funding provided by health insurance fund in accordance with applicable laws.

6. Organize statistical and reporting works on health insurance in accordance with applicable laws.

7.47Make statements of costs of covered medical services and assume liabilities for the accuracy and legality thereof.

8.48Provide the statements of costs of medical services at the request of health insurance policyholders.

Article 44. Rights of representatives of employers and employees

1. Request health insurers, health facilities and employers to provide full and accurate information related to the health insurance benefits of employees.

2. Request competent state authorities to handle violations against regulations of the law on health insurance, which cause adverse influence on legitimate rights and interests of employees and those of employers.

Article 45. Responsibilities of representatives of employers and employees

1. Propagate and disseminate policies and laws on health insurance with regard of employees and employers.

2. Participate in the formulation of policies or laws on health insurance and propose amendments or supplements thereto.

3.49Take part in the supervision of the implementation of regulations of laws on health insurance, expedite the payment of health insurance premiums for the employees by the employers and take action against payers who fail to make payment of health insurance premiums as regulated.

Chapter IX

INSPECTION, COMPLAINT, DENUNCIATION, SETTLEMENT OF DISPUTES AND ACTIONS AGAISNT VIOLATIONS IN THE FIELD OF HEALTH INSURANCE

Article 46. Health insurance inspection 

Health inspectorate shall conduct specialized inspection of health insurance.

Article 47. Complaints and denunciations of health insurance

Complaints and settlement of complaints against administrative decisions or behaviors on health insurance, and the denunciation and settlement of denunciations of violations against regulations of the law on health insurance shall be performed in accordance with regulations of the law on complaint and denunciation.

Article 48. Disputes over health insurance 

1. Disputes over health insurance are disputes about rights, obligations and responsibilities for health insurance between the following entities:

a) Health insurance policyholders as regulated in Article 12 of this Law or their representatives;

b) Payers of health insurance premiums as regulated in Clause 1 Article 13 of this Law;

c) Health insurers;

d) Providers of covered medical services.

2. A dispute over health insurance shall be settled as follows:

a) The disputing parties shall reconcile their dispute;

b) In case of unsuccessful reconciliation, the disputing parties may initiate a lawsuit at a court in accordance with law.

Article 49. Actions against violations50

1. Any person who violates the regulations of this Law or relevant law regulations on health insurance shall be disciplined, incur administrative penalties or liable to criminal prosecution according to the nature and severity of his/her violation. He/she also make compensation if causing damage in accordance with law regulations.

2. Any agency or organization that violates the regulations of this Law or relevant law regulations on health insurance shall incur administrative penalties and must make compensation if causing damage in accordance with law regulations.  

3. Any agency, organization or employer in charge of paying health insurance premiums that fail to discharge their duties shall have to:

a) Pay the unpaid health insurance premiums and the interest as twice as the inter-bank interest rate calculated according to the unpaid premiums and period of late payment; failing that, the bank, other credit institution or the state treasury shall, at the request of a competent person, extract money from deposit account of that agency, organization or employer in charge of paying health insurance premiums to transfer the unpaid premiums and interests thereof to the account of the health insurance fund;   

b) Reimburse the employee within the health insurance coverage and reimburse rates for all costs of medical services covered by the employee pending the issuance of health insurance card.

Chapter X

IMPLEMENTATION PROVISIONS51

Article 50. Transitional clause

1. Health insurance cards and free-of-charge medical cards granted to children under the age of 6 before the effective date of this law shall be valid:

a) Until their expiration dates in cases where their expiration dates are not later than December 31, 2009;

b) Until December 31, 2009 in cases where their expiration dates are later than December 31, 2009.

2. Benefits of a holder of health insurance card which is granted before the effective date of this law shall be performed in accordance with prevailing law on health insurance until December 31, 2009 inclusively.

3. The entities prescribed in Clauses 21, 22, 23, 24 and 25 Article 12 of this Law may, pending the entry into force of regulations in Points b, c, d and dd Clause 2 Article 51 of this law, voluntarily purchase health insurance in accordance with the Government s regulations.

Article 51. Effect

1. This Law takes effect on July 01, 2009.

2. The road map for achieving universal coverage of health insurance is provided for as follows:

a) The entities prescribed from Clause 1 to Clause 20 Article 12 of this Law shall participate in health insurance as of the effective date of this law;

b) The entities prescribed in Clause 21 Article 12 of this Law shall participate in health insurance as of January 01, 2010;

c) The entities prescribed in Clause 22 Article 12 of this Law shall participate in health insurance as of January 01, 2012;

d) The entities prescribed in Clause 23 and Clause 24 Article 12 of this Law shall participate in health insurance as of January 01, 2014;

dd) The entities prescribed in Clause 25 Article 12 of this Law must participate in health insurance in accordance with the Government s regulations before January 01, 2014.

Article 52. Detailed regulations and guidance for implementation

The Government provides for details and guidance on the implementation of articles and clauses in this law; provide other necessary guidance on this law to serve the state management./.

Certification of Integrated Document

The Chairman

Nguyen Hanh Phuc

1“Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on amendments to certain articles of the Law on Health Insurance No. 25/2008/QH12.”

The Law on fees and charges No. 97/2015/QH13 is promulgated under the following grounds:

 “Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on fees and charges.”

2This Clause is amended by regulations in Clause 1 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

3This Clause is amended by regulations in Clause 1 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

4This Clause is amended by regulations in Clause 1 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

5This Clause is amended by regulations in Clause 2 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

6This Clause is amended by regulations in Clause 2 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

7This Clause is amended by regulations in Clause 3 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

8This Clause is amended by regulations in Clause 3 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

9This Clause is amended by regulations in Clause 4 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

10This Clause is amended by regulations in Clause 4 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

11This Clause is amended by regulations in Clause 4 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

12This Clause is amended by regulations in Clause 5 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

13This Clause is amended by regulations in Clause 5 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

14This Clause is amended by regulations in Clause 6 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

15This Clause is amended by regulations in Clause 7 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

16This Clause is amended by regulations in Clause 8 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

17This Clause is amended by regulations in Clause 8 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

18This Clause is amended by regulations in Clause 9 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

19This Clause is amended by regulations in Clause 10 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

20This Clause is amended by regulations in Clause 10 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

21This Clause is amended by regulations in Clause 11 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

22This Clause is amended by regulations in Clause 12 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

23This Clause is amended for the first time by regulations in Clause 12 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

“4. The person whose health insurance card is re-issued must pay fees. Minister of Finance shall stipulate the fee rate for re-issuance of health insurance card. The person whose health insurance card is reissued due to the mistake of the health insurer or the agency preparing the list of participants of health insurance must not pay reissuance fees.”

This Clause is abrogated by regulations in Point d Clause 1 Article 23 of the Law on fees and charges No. 97/2015/QH13, taking effect as of January 01, 2017.

24This Clause is amended by regulations in Clause 13 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

25This Clause is abrogated by regulations in Clause 14 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

26This Clause is amended by regulations in Clause 14 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

27This Clause is amended by regulations in Clause 14 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

28This Clause is amended by regulations in Clause 15 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

29This Clause is amended by regulations in Clause 16 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

30This Clause is amended by regulations in Clause 16 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

31This Clause is abrogated by regulations in Clause 16 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

32This Clause is abrogated by regulations in Clause 16 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

33This Clause is amended by regulations in Clause 17 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

34This Clause is amended by regulations in Clause 18 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

35This Clause is amended by regulations in Clause 18 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

36This Clause is amended by regulations in Clause 19 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

37This Clause is amended by regulations in Clause 20 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

38This Clause is supplemented by regulations in Clause 20 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

39This Clause is amended by regulations in Clause 21 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

40This Clause is amended by regulations in Clause 22 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

41This Clause is supplemented by regulations in Clause 22 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

42This Clause is amended by regulations in Clause 23 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

43This Clause is amended by regulations in Clause 24 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

44This Clause is amended by regulations in Clause 25 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

45This Clause is amended by regulations in Clause 25 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

46This Clause is amended by regulations in Clause 26 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

47This Clause is supplemented by regulations in Clause 26 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

48This Clause is supplemented by regulations in Clause 26 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

49This Clause is amended by regulations in Clause 27 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

50This Clause is amended by regulations in Clause 28 Article 1 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015.

51Article 2 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance, taking effect as of January 01, 2015, provides for as follows:

Article 2

1. This Law takes effect on  January 01, 2015.

2. The Government provides for details of assigned articles and clauses in this Law.”

Chapter VI (Implementation provisions), including Articles 23, 24 and 25 of the Law on fees and charges No. 97/2015/QH13, taking effect as of January 01, 2017, provides for as follows:

 “Article 23. Effect

1. This law comes into force as of January 01, 2017.

2. The following regulations are amended and abrogated:

a) Clause 3 Article 75 of the Law on inland waterway No. 23/2004/QH11 which has a number of articles amended by the Law No. 48/2014/QH13 is abrogated;

b) Point a Clause 2 Article 74 of the Law on railway No. 35/2005/QH11 is abrogated;

c) The phrase “enrolment fee”  in Article 101 and Article 105 of the Law on Education No. 38/2005/QH11 which has a number of articles amended by the Law No. 44/2009/QH12, Article 64 and Article 65 of the Law on Higher Education No. 08/2012/QH13, Article 28 and Article 29 of the Law on Vocational Training No. 74/2014/QH13 is deleted;

d) Clause 4 Article 18 of the Law on Health Insurance No. 25/2008/QH12 which has a number of articles amended by the Law No. 46/2014/QH13 is abrogated;

dd) Article 25 and Clause 3 Article 15 of the Law on independent auditing No. 67/2011/QH12 is abrogated;

e) Chapter IV-A regarding the license tax in the Resolution No. 200/NQ-TVQH dated January 18, 1966 of the Standing Committee of the National Assembly on imposition of industrial and commercial tax on industrial and commercial cooperatives, organizations and household businesses, which has a number of articles amended by the Ordinance No. 10-LCT/HDNN7 on amendments to a number of articles on industrial and commercial tax dated February 26, 1983, the Ordinance on amendments to a number of articles on industrial and commercial tax and regulations on tax on goods dated November 17, 1987 and the Ordinance on amendments to the Ordinance and regulations on industrial and commercial tax and tax on goods dated March 03, 1989.

3. The Ordinance on fees and charges No. 38/2001/PL-UBTVQH10 and the Ordinance on the court fees and charges No. 10/2009/PL-UBTVQH12 shall be null and void as of the effective date of this law.

Article 24. Transitional provisions

Fees in the list of fees and charges accompanied by the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 transferred into price mechanism defined by the State according to the list in Appendix 2 enclosed herewith shall be executed according to the Law on Price since this Law takes effect.

The Government shall promulgate specific regulations on the power to stipulate prices and valuation methods.

Article 25. Detailed regulations 

The Government provides for details of articles and clauses in this Law.”