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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
92/2011/ND-CP
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Hanoi,
October 17, 2011
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DECREE
DEFINING ON ADMINISTRATIVE SANCTIONS IN THE FIELD OF HEALTH
INSURANCE
THE GOVERMENT
Pursuant to the Law on
Governmental Organization dated December 25, 2001;
Pursuant to the Law on Health
Insurance dated November 14, 2008;
Pursuant to Ordinance
No.44/2002/PL-UBTVQH10 dated July 02, 2002 of the National Assembly Standing
Committee on Handling of Administrative Violations, Ordinance
No.04/2008/UBTVQH12 dated April 02, 2008 of the National Assembly Standing
Committee amending and supplementing some Articles of Ordinance
No.44/2002/PL-UBTVQH10 dated July 02, 2002 of the National Assembly Standing
Committee on Handling of administrative Violations;
At the proposal of the
Minister of Health,
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Chapter 1.
GENERAL PROVISIONS
Article 1.
Scope of governing
1. This Decree provides for the
administrative violations, forms, and levels of sanction, remedies, competence
to sanction administrative violations in the field of health insurance (HI).
2. Act of administrative
violation on HI is an act committed intentionally or unintentionally by
individuals, agencies and organizations (hereinafter referred to as individuals
and organizations) the violations of the provisions of law on HI that are not
crimes and as prescribed by law, must be handled for administrative violations.
3. The administrative violations
in the field of HI, include:
a) Violation of regulations on
payment for HI premium and collection of HI premium;
b) Violation of regulations on
the grant, re-grant, renewal of card and use of HI card;
c) Violation of regulations on
organization of HI medical examination, treatment, HI appraisal;
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đ) Violation of regulations on
report, provision for information and data on HI;
e) Violation of regulations on
inspection, examination, obstruction of state management activities on HI.
Article 2.
Interpretation of terms
1. Abuse of health services
means the appointment and use of drugs, chemicals, medical materials, technical
services and other health services in medical examination and treatment in
excess of the necessary level compared to the provisions of medical technical
expertise damaging the patients with HI cards, HI fund, and establishments of
medical examination and treatment.
2. Information on HI card
relating to HI benefits and benefit levels means the information specified
by numbers, symbols, characters, or other forms on HI card for used as a basis
for determining the HI benefits and benefit levels for each object
participating in HI.
3. Acts of obstructing or
causing difficulties mean the acts failing to cooperate or failing to implement
requirement of cooperation or self-regulating, making unlawful requirements in
the implementation of HI for the parties involved in HI.
4. The level of
administrative violations prescribed in this Decree means the level of
financial losses (in Vietnam dong) for individuals and organizations related to
HI.
Article 3.
The principles for sanctioning, the prescription for sanctioning and time limit
considered as not yet sanctioned for administrative violations
1. Principles for sanctioning
administrative violations in the field of HI shall comply with the provisions
of Article 3 of the Ordinance on Handling of Administrative Violations
No.44/2002/PL-UBTVQH10 dated July 02, 2002 and Article 3 of Decree
No.128/2008/ND-CP dated December 16, 2008 of the Government detailing the
implementation of some Articles of the 2002 Ordinance on Handling of
Administrative Violations and the Ordinance amending and supplementing
some Articles of the 2008 Ordinance on Handling of administrative violations.
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3. The extenuating, aggravating
circumstances applied to sanction of administrative violations on HI are
reviewed and processed under the provisions of Article 8 and Article 9 of the
2002 Ordinance on Handling of Administrative Violations and Article 6 of
Decree No.128/2008/ND-CP dated December 16, 2008 of the Government detailing the
implementation of some Articles of the 2002 Ordinance on Handling of
Administrative Violations and the Ordinance amending and supplementing a number
of Articles of the 2008 Ordinance on Handling of Administrative Violations.
4. Prescription for sanctioning administrative
violations in the field of HI is 12 months from the date that administrative
violation is made. For administrative violations related to the collection,
payment, and management, use of HI fund, the prescription shall be 24 months
from the date of the administrative violation. If the time limit is over, the
violating individuals and organizations shall not be sanctioned, but still
subject to the remedies prescribed in Clause 3, Article 4 of this Decree.
5. Within the time limit
provided for in Clause 4 of this Article, individuals and organizations commit
new act of administrative violations in the field of HI or deliberately evade
or delay the sanction shall not apply to the above prescription, the
prescription for sanctioning administrative violation shall be recalculated
from the time of the new administrative violations or time of termination of
the act of evasion, delay of sanction.
6. For individuals to be sued,
prosecuted or had a decision to bring the case to trial in accordance with criminal
proceedings that have decided to suspend the investigation or suspend the case,
they shall be subject to administrative sanctions if there is evidence of
administrative violation, in this case, the prescription for sanctioning shall
be 03 months from the date of the decision to suspend the investigation or
suspend the case.
7. Organizations and individuals
sanctioned for administrative violations of HI law if after 12 months from the
date of completely serving the sanctioning decisions or from the date of expiry
of prescription for execution of sanctioning decisions that they do not violate
again, they shall be considered as not yet been sanctioned for administrative
violations in the field of HI.
Article 4.
The forms of sanction and remedies
1. Form of main sanction
Individuals and organizations
committing acts of administrative violations in the field of HI shall be
subject to one of the following sanctions:
a) Warning;
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2. Form of additional sanction:
Confiscating material evidences and means used for administrative violations in
the field of HI;
3. Remedies:
In addition to the forms of
sanction specified in Clauses 1 and Clause 2 of this Article, individuals and
organizations committing acts of administrative violations, shall be subject to
one or more following remedies:
a) Withdrawn HI cards;
temporarily kept HI cards;
b) Forced to retrospectively
pay, refund the violated amounts according to provisions of law on HI into
revenue account of HI fund within 10 working days from the date of delivery of
the decision to sanction for violation of HI premium payment;
c) Forced to pay interest of the
HI premium not yet been paid, or paid late according to the basic interest rate
announced by the state bank at the time of handling administrative violations;
d) Forced to reimburse the
violated amounts to the affected individuals and organizations within 10
working days from the date of delivery of the decision to sanction;
đ) Forced to regrant the HI
cards, renew the HI cards in accordance with regulations;
e) Forced to report, provide for
accurate information and data on HI;
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Chapter 2.
VIOLATIONS, FORMS AND
LEVELS OF SANCTION
SECTION 1.
VIOLATIONS OF PAYMENT, COLLECTION OF HI PREMIUM
Article 5.
Acts of failing to pay HI premium of the objects who are responsible for
participating HI
1. A warning shall be imposed;
2. A fine of between VND 50,000
and 100,000 shall be imposed.
3. Remedies:
a) Forced to participating in HI
in accordance with the law provisions on HI;
b) Forced to pay the payable
amount into the revenue accounts of HI fund.
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1. A fine shall be imposed by
the following levels:
a) Between VND 500,000 and 1,000,000,
when committing violation from 01 to 10 employees;
b) Between VND 1,000,000 and
5,000,000 when committing violation from 11 to 50 employees;
c) Between VND 5,000,000 and
10,000,000 when committing violation from 51 to 100 employees;
d) Between VND 10,000,000 and
15,000,000 when committing violation from 101 to 500 employees;
đ) Between VND 15,000,000 and
20,000,000 when committing violation from 501 to 1,000 employees;
e) Between VND 20,000,000 and
30,000,000 when committing violation from 1001 employees or more.
2. Remedies:
a) Forced to pay HI premium for
all the employees who are responsible for participating in the health insurance
according to law provisions on HI;
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c) Forced to make payment for
the unpaid anount and interest accrued by the unpaid amount, amount of late
payment into revenue account of the HI fund.
Article 7.
The acts of paying health insurance premium of inadequate number of persons who
are responsible for participating in the health insurance of employers
1. A fine of between 300,000 VND
and 1,000,000 VND shall be imposed when committing violation of failing to pay
HI premium for each employee.
2. Remedies:
a) Forced to pay for inadequate
number of laborers who are responsible for participating in the health
insurance under the provisions of the law on HI;
b) Forced to reimburse expenses
of medical examination and treatment under HI benefits and benefit levels that
HI participants had to be paid (if any).
c) Forced to make payment for
the payable amount and interest accrued by the payable amount into revenue
account of the HI fund.
Article 8.
The acts of paying health insurance of inadequate number of payable amount
1. A fine shall be imposed by
the following levels:
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b) Between VND 500,000 and
1,000,000 for the violations valued at VND 5,000,000 to less than VND
10,000,000;
c) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 10,000,000 to less than VND
20,000,000;
d) Between VND 2,000,000 and
4,000,000 for the violations valued at VND 20,000,000 to less than VND 40,000,000;
đ) Between VND 4,000,000 and VND
8,000,000 for the violations valued at VND 40,000,000 to less than VND
60,000,000;
e) Between VND 8,000,000 and
12,000,000 for the violations valued at VND 60,000,000 to less than VND
80,000,000;
g) Between VND 12,000,000 and
16,000,000 VND for the violations valued at VND 80,000,000 to less than VND
120,000,000;
h) Between VND 16,000,000 and
24,000,000 VND for the violations valued at VND 120,000,000 to less than VND
160,000,000;
i) Of between VND 24,000,000 and
VND 32,000,000 VND for the violation valued at VND 160,000,000 or more.
2. Remedies:
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b) Forced to make payment for the
payable amount and interest accrued by the payable amount into revenue account
of the HI fund.
Article 9.
The acts of permitting persons who are not belong to the management
responsibilities to the lists of agencies and organizations to participate in
health insurance
1. Fine shall be imposed for
agencies and organizations permitting participants of HI not in compliance with
provisions by the following levels:
a) Between VND 500,000 and
1,000,000 calculated on each HI card in case of violation but not harming the
HI fund;
b) Between VND 1,000,000 and
2,000,000 calculated on each HI card in case of used in the medical
examination, treatment of HI causing damage to HI fund.
2. Fine shall be imposed for
individuals participating in HI at the agency, organization not in compliance
with provisions by the following levels:
a) Between VND 300,000 and
1,000,000 VND calculated on each person having HI card but not using HI card
for medical examination, treatment of HI;
b) Between VND 1,000,000 and
2,000,000 calculated on each person having HI card and used HI card for medical
examination, treatment of HI.
3. Remedies:
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b) Forced to reimburse the
amount paid to HI fund in medical examination, treatment of HI.
Article 10.
Acts of confirming improper payment level of participants in health insurance
1. A fine shall be imposed by
the following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at less than VND 10,000,000;
b) Between VND 1,000,000 and
2,000,000 VND for the violations valued at VND 10,000,000 to less than VND
20,000,000;
c) Between VND 2,000,000 and
4,000,000 for the violations valued at VND 20,000,000 to less than VND
40,000,000;
d) Between VND 4,000,000 and
8,000,000 VND for the violations valued at VND 40,000,000 to less than VND
60,000,000;
đ) Between VND 8,000,000 and
12,000,000 for the violations valued at VND 60,000,000 to less than VND
80,000,000;
e) Between VND 12,000,000 and
16,000,000 VND for the violations valued at VND 80,000,000 to less than VND
100,000,000;
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h) Between VND 24,000,000 and
32,000,000 VND for the violations valued at VND 120,000,000 to less than VND 150,000,000;
i) Between VND 32,000,000 and
40,000,000 VND for the violations valued at VND 150,000,000 or more.
2. Remedies: Forced to determine
the correct payable amount of premium and to make payment for the payable
amount of premium in accordance with provisions as well as interest accrued by
unpaid amount into revenue account of the HI fund.
Article 11.
Acts of grant, transfer of funds from the state budget for paying health
insurance not in compliance with the specified amount
1. A warning shall be imposed
for first violations and not causing damage to the health insurance fund, the
interests of the objects participating in HI.
2. A fine of between 500,000 VND
and 1,000,000 VND shall be imposed for the cases of recidivism, but not harming
the health insurance fund, the interests of the objects participating in HI.
3. A fine shall be imposed for
the violations causing damage to the health insurance fund, the interests of
the objects participating in HI:
a) Between VND 1,000,000 and 2,000,000
VND for the violations valued at less than VND 500,000,000;
b) Between VND 2,000,000 and
4,000,000 VND for the violations valued at VND 500,000,000 to less than
1.000.000.000 VND;
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d) Between VND 8,000,000 and
16,000,000 for the violations valued at VND 5,000,000,000 VND or more.
4. Remedies:
a) Forced to grant, transfer
fully funding according to the premiums and the number of objects participating
in HI;
b) Forced to reimburse the
violated amounts, including interest incurred in revenue account of the health
insurance fund (if any).
Article 12.
The acts of granting, transferring funds from the state budget 30 days later
than the prescribed time after having all the procedures for the issuance,
transfer of funds according to provisions for paying HI premiums
1. Warning shall be imposed in
case of first violations and not causing damage to the interests of health
insurance fund, health insurance participants.
2. A fine of between 100,000 VND
and 300,000 VND shall be imposed for the cases of recidivism, but not harming
the health insurance fund, the interests of health insurance participants.
3. Fine shall be imposed for violations
causing damage to the interests of the health insurance fund, the interests of
health insurance participants by the following levels:
a) Between VND 1,000,000 and
2,000,000 VND for the violations valued at less than VND 500,000,000;
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c) Between VND 4,000,000 and VND
8,000,000 for the violations valued at 1,000,000,000 to less than
10,000,000,000 VND;
d) Between VND 8,000,000 and
16,000,000 for the violation valued at 10,000,000,000 VND or more.
4. Remedies:
a) Forced to grant, transfer
funding to pay the HI in accordance with the prescribed time;
b) Forced to reimburse expenses
for medical examination and treatment under health insurance benefits and
benefit levels that HI participants had to be paid (if any);
c) Forced to transfer the amount
of interest of the late payment into the revenue account of HI fund (if any)
within 10 days from the date of the sanctioning decision.
SECTION 2.
VIOLATIONS ON ISSUANCE OF CARDS, RENEWAL OF CARDS, AND USE OF CARDS OF HI
Article 13.
The acts of making and transferring the list of issuance of health insurance
cards to the participants in health insurance who are belong to the management
responsibility slower than the prescribed time
1. Warning shall be imposed in
case of first violations and not causing damage to the interests of health
insurance fund, health insurance participants.
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3. Fine shall be imposed for
violations causing damage to the interests of health insurance participants by
the following levels:
a) Between VND 300,000 and 500,000
in case of late less than 10 working days as prescribed;
b) Between VND 500,000 and
1,000,000 VND in case of late from 10 working days or more as prescribed.
4. Remedies:
a) Force to make and transfer
timely the list of HI participants under the provisions;
b) Forced to reimburse expenses
for medical examination and treatment under health insurance benefits and
benefit levels that HI participants had to be paid (if any).
Article 14.
The acts of making and transferring the list of issuance of health insurance
cards to the participants in health insurance who are belong to their
management responsibility inadequate number of persons as prescribed
1. Warning shall be imposed in
case of first violations and not causing damage to the interests of health
insurance participants.
2. A fine of between 100,000 VND
and 300,000 VND shall be imposed for the cases of recidivism, but not harming
the interests of health insurance participants.
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a) Between VND 300,000 and
500,000 VND for the case of missing less than 50 persons in the list;
b) Between VND 500,000 and
1,000,000 for the case of missing 50 persons to less than 100 persons in the
list;
c) Between VND 1,000,000 and
2,000,000 for the case of missing 100 persons to less than 500 persons in the
list;
d) Between VND 2,000,000 and
4,000,000 for the case of missing 500 persons to less than 1.000 persons in the
list;
đ) Between VND 4,000,000 and
8,000,000 for the case of missing 1,000 persons or more in the list.
4. Remedies:
a) Force to make and transfer
timely the list of HI participants under the provisions;
b) Forced to reimburse expenses
for medical examination and treatment under health insurance benefits and
benefit levels that HI participants had to be paid (if any).
Article 15.
The acts of issuing health insurance cards slower than the specified time
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2. A fine shall be imposed in
case of issuing health insurance cards late from 10 working days or more
compared with the specified time, by the following levels:
a) Between VND 300,000 and
500,000 in case of late issuance of 01 to less than 50 cards;
b) Between VND 500,000 and
1,000,000 in case of late issuance of 50 to less than 100 cards;
c) Between VND 1,000,000 and
2,000,000 in case of late issuance of 100 to less than 500 cards;
d) Between VND 2,000,000 and
4,000,000 in case of late issuance of 500 to less than 1,000 cards;
đ) Between VND 4,000,000 and VND
8,000,000 in case of late issuance of 1,000 cards or more.
2. Remedies:
a) Forced to issue health
insurance cards for the HI participants within 10 working days from the date of
delivery of the decision to handle violations;
b) Forced to reimburse expenses
for medical examination and treatment under health insurance benefits and
benefit levels that HI participants had to be paid (if any).
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1. Warning shall be imposed in
case of late re-grant or renewal of health insurance cards less than 10 working
days compared with the prescribed time.
2. A fine shall be imposed in
case of late re-grant or renewal of health insurance cards from 10 working days
or more compared with the specified time, by the following levels:
a) Between VND 300,000 and
500,000 in case of late re-grant or renewal of health insurance cards at less
than 50 cards;
b) Between VND 500,000 and
1,000,000 in case of late re-grant or renewal of health insurance cards from 50
to less than 100 cards;
c) Between VND 1,000,000 and
2,000,000 in case of late re-grant or renewal of health insurance cards from
100 to less than 500 cards;
d) Between VND 2,000,000 and
4,000,000 in case of late re-grant or renewal of health insurance cards from
500 to less than 1,000 cards;
đ) Between VND 4,000,000 and
8,000,000 in case of late re-grant or renewal of health insurance cards from
1,000 cards or more.
3. Remedies:
a) Forced to issue health
insurance cards for the HI participants within 10 working days from the date of
delivery of the decision to handle violations;
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Article 17.
The acts of issuing health insurance cards to improper objects to be issued
health insurance cards
1. A fine shall be imposed by
the following levels:
a) Between VND 1,000,000 and
2,000,000 on each health insurance card not yet used for medical examination,
treatment of health insurance;
b) Between VND 2,000,000 and
4,000,000 on each health insurance card used for medical examination, treatment
of health insurance.
2. Remedies:
a) Withdrawn health insurance
cards;
b) Forced to reimburse amount of
medical examination, treatment that health insurance fund has already paid (if
any) to the revenue account of the health insurance fund.
Article 18.
Acts of issuing HI cards wrongly on benefits, the levels of benefit of the HI
participants
1. A fine shall be imposed by
the following levels:
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b) Between VND 500,000 and
1,000,000 on each health insurance card used for medical examination, treatment
of health insurance.
2. Remedies:
a) Withdrawn health insurance
cards;
b) Forced to re-grant health
insurance card according to the correct information regarding rights and levels
of benefit for the HI participants;
c) Forced to reimburse expenses
for medical examination and treatment under the scope of rights and levels of
HI benefit that the HI participants had to be paid (if any);
d) Forced to refund the
difference of paid health insurance fund (if any) to the revenue account of the
health insurance fund.
Article 19.
The acts of issuing health insurance cards with use validity not in compliance
with the participation time of HI participants
1. A fine shall be imposed by
the following levels:
a) Between VND 300,000 and
500,000 on each health insurance card not yet used for medical examination,
treatment of health insurance;
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2. Remedies:
a) Withdrawn health insurance
cards;
b) Forced to re-grant health
insurance card with use validity in compliance with provisions;
c) Forced to reimburse expenses
for medical examination and treatment under the scope of rights and levels of
HI benefit that the HI participants had to be paid (if any);
d) Forced to reimburse the
amount used during the time of medical examination, treatment outside the valid
time of using health insurance card (if any) to the revenue account of the
health insurance fund.
Article 20.
The acts of erasing, fixing the health insurance cards for use in medical
examination and treatment of health insurance
1. A fine shall be imposed by
the following levels:
a) Between VND 500,000 and
1,000,000 for the violations but not harming the health insurance fund;
b) Between VND 1,000,000 and
2,000,000 VND for the violations causing damage to the health insurance fund.
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a) Withdrawn health insurance
cards;
b) Forced to reimburse the
amounts that health insurance fund has paid (if any) to the revenue account of
the health insurance fund.
Article 21.
The acts of permitting other people to borrow health insurance cards or using
health insurance cards for others to use in the medical examination and
treatment
1. A fine shall be imposed by
the following levels:
a) Between VND 500,000 and
1,000,000 for the violations but not harming the health insurance fund;
b) Between VND 1,000,000 and
2,000,000 VND for the violations causing damage to the health insurance fund.
2. Remedies:
a) Temporarily keep health
insurance cards within 30 days;
b) HI card users are responsible
for paying the full cost of medical examination, treatment paid by health
insurance fund (if any) to the revenue account of the health insurance fund;
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SECTION 3.
VIOLATION ON ORGANIZATION OF MEDICAL EXAMINATION AND TREATMENT, APPRAISAL OF
HEALTH INSURANCE
Article 22.
The acts of setting up the case history, making prescription of drug without
patients in reality but not serious enough for criminal prosecution
1. Warning shall be imposed for
the first violations and the violations valued at less than VND 1,000,000;
2. A fine shall be imposed by the
following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at VND 1,000,000 to less than VND
2,000,000;
b) Between VND 1,000,000 and
2,000,000 VND for the violations valued at VND 2,000,000 to less than VND
4,000,000;
c) Between VND 2,000,000 and
4,000,000 for the violations valued at VND 4,000,000 to less than VND
8,000,000;
d) Between VND 4,000,000 and
8,000,000 VND for the violations valued at VND 8,000,000 to less than VND
12,000,000;
đ) Between VND 8,000,000 and
12,000,000 for the violations valued at VND 12,000,000 to less than VND
24,000,000;
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g) Between VND 16,000,000 and
20,000,000 for the violations valued at VND 48,000,000 to less than VND
72,000,000;
h) Between VND 20,000,000 and
24,000,000 for the violations valued at VND 72,000,000 or more.
3. Remedies: Forced to reimburse
the full violated amount into the revenue account of HI fund.
Article 23.
The act of recording increase for the amount or adding volume or drugs, medical
materials, technical services, costs of hospital beds and other expenses that
patients do not use in reality
1. Warning shall be imposed for
first violations and the violations valued at less than VND 1,000,000.
2. A fine of between 300,000 VND
and 500,000 VND shall be imposed for the cases of recidivism and the violations
valued at less than VND 1,000,000.
3. A fine shall be imposed by
the following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at VND 1,000,000 to less than VND
2,000,000;
b) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 2,000,000 to less than VND
5,000,000;
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d) Between VND 4,000,000 and
8,000,000 for the violations valued at VND 10,000,000 to less than VND
20,000,000;
đ) Between VND 8,000,000 and
12,000,000 for the violations valued at VND 20,000,000 to less than VND
30,000,000;
e) Between VND 12,000,000 and
16,000,000 VND for the violations valued at VND 30,000,000 to less than VND
40,000,000;
g) Between VND 16,000,000 and
20,000,000 VND for the violations valued at VND 40,000,000 to less than VND
50,000,000;
h) Between VND 20,000,000 and
30,000,000 VND for the violations valued at VND 50,000,000 to less than VND
60,000,000;
i) Between VND 30,000,000 and
40,000,000 VND for the violations valued at VND 60,000,000 or more.
4. Remedies:
a) Forced to reimburse the
violated amount to revenue accounts of the health insurance fund;
b) Forced to reimburse expenses
for medical examination and treatment under the scope of rights and benefit
level of health insurance which the objects had to be paid (if any).
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1. Warning shall be imposed for
first violations and valued at less than VND 1,000,000.
2. Fine of between 300,000 VND
and 500,000 VND shall be imposed for the case of recidivism and the violations
valued at less than VND 1,000,000.
3. Fine shall be imposed by the
following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at VND 1,000,000 to less than VND
5,000,000;
b) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 5,000,000 to less than VND
10,000,000;
c) Between VND 2,000,000 and
3,000,000 for the violations valued at VND 10,000,000 to less than VND
15,000,000;
d) Between VND 3,000,000 and
4,000,000 for the violations valued at VND 15,000,000 to less than VND
20,000,000;
đ) Between VND 4,000,000 and
5,000,000 for the violations valued at VND 20,000,000 to less than VND
40,000,000;
e) Between VND 5,000,000 and
6,000,000 for the violations valued at VND 40,000,000 or more.
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a) Forced to reimburse expenses
for medical examination and treatment under the scope of benefit which the
objects had to be paid (if any);
b) Forced to reimburse the
amount that HI fund was damaged (if any) to revenue account of the health
insurance fund.
Article 25.
The acts of committing violations on the HI levels of participants in health
insurance
1. Warning shall be imposed for
first violations and valued at less than VND 1,000,000.
2. Fine of between 300,000 VND and
500,000 VND shall be imposed for the case of recidivism and the violations
valued at less than VND 1,000,000.
3. Fine shall be imposed by the
following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at VND 1,000,000 to less than VND
2,000,000;
b) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 2,000,000 to less than VND
5,000,000;
c) Between VND 2,000,000 and
3,000,000 for the violations valued at VND 5,000,000 to less than VND
10,000,000;
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đ) Between VND 4,000,000 and
5,000,000 for the violations valued at VND 20,000,000 to less than VND
40,000,000;
e) Between VND 5,000,000 and
6,000,000 for the violations valued at VND 40,000,000 or more.
4. Remedies:
a) Forced to reimburse expenses
for medical examination and treatment under the level of HI benefit which the
objects had to be paid (if any);
b) Forced to reimburse the
amount that HI fund was damaged (if any) to revenue account of the health
insurance fund.
Article 26.
Acts of incomplete supply of drugs, chemicals, medical materials, technical
services in medical examination and treatment of health insurance
1. Warning shall be imposed for
first violations and valued at less than VND 1,000,000.
2. Fine of between 300,000 VND
and 500,000 VND shall be imposed for the case of recidivism and the violations
valued at less than VND 1,000,000.
3. Fine shall be imposed by the
following levels:
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b) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 10,000,000 to less than VND
20,000,000;
c) Between VND 2,000,000 and
4,000,000 for the violations valued at VND 20,000,000 to less than VND
40,000,000;
d) Between VND 4,000,000 and
8,000,000 for the violations valued at VND 40,000,000 to less than VND
80,000,000;
đ) Between VND 8,000,000 and
16,000,000 for the violations valued at VND 80,000,000 to less than VND
120,000,000;
e) Between VND 16,000,000 and
32,000,000 for the violations valued at VND 120,000,000 to less than VND
160,000,000;
g) Between VND 32,000,000 and
40,000,000 for the violations valued at VND 160,000,000 or more.
4. Remedies:
a) Forced to supply fully drugs,
chemicals, medical materials, technical service as prescribed;
b) Forced to reimburse expenses
for medical examination and treatment which the objects had to be paid (if
any).
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1. Warning shall be imposed for
first violations and valued at less than VND 1,000,000.
2. A fine of between 300,000 VND
and 500,000 VND shall be imposed for the case of recidivism and the violations
valued at less than VND 1,000,000.
3. A fine shall be imposed by
the following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at VND 1,000,000 to less than VND
5,000,000;
b) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 5,000,000 to less than VND
10,000,000;
c) Between VND 2,000,000 and
4,000,000 for the violations valued at VND 10,000,000 to less than VND
20,000,000;
d) Between VND 4,000,000 and
8,000,000 for the violations valued at VND 20,000,000 to less than VND
40,000,000;
đ) Between VND 8,000,000 and
16,000,000 for the the violations valued at VND 40,000,000 to less than VND
60,000,000;
e) Between VND 16,000,000 and
32,000,000 VND for the violations valued at VND 60,000,000 to less than VND
80,000,000;
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4. Remedies:
a) Forced to reimburse the
amount that HI participants were damaged (if any);
b) Forced to reimburse the
violated amount into the revenue account of the health insurance fund (if any).
Article 28.
The acts of applying false prices, writing wrong category, unit, name of
technical services in payment of the costs and medical examination, treatment
of health insurance
1. Warning shall be imposed for
first violations and valued at less than VND 1,000,000.
2. A fine of between 300,000 VND
and 500,000 VND shall be imposed for the case of recidivism and the violations
valued at less than VND 1,000,000.
3. A fine shall be imposed by
the following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at VND 1,000,000 to less than VND
5,000,000;
b) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 5,000,000 to less than VND
10,000,000;
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d) Between VND 4,000,000 and
8,000,000 for the violations valued at VND 20,000,000 to less than VND
40,000,000;
đ) Between VND 8,000,000 and
16,000,000 for the violations valued at VND 40,000,000 to less than VND
80,000,000;
e) Between VND 16,000,000 and
32,000,000 for the violations valued at VND 80,000,000 to less than VND
120,000,000;
g) Between VND 32,000,000 and
40,000,000 for the violations valued at VND 120,000,000 or more.
4. Remedies:
a) Forced to reimburse the
violated amount into the revenue account of the health insurance fund;
b) Forced to reimburse expenses
for medical examination and treatment under the scope of right and benefit
level of HI which the objects had to be paid (if any).
Article 29.
The acts of wrong determination of benefits in the medical examination,
treatment of medical insurance compared with information in the HI card
1. Warning shall be imposed for
first violations and valued at less than VND 1,000,000.
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3. Fine shall be imposed by the
following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at VND 1,000,000 to less than VND
5,000,000;
b) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 5,000,000 to less than VND 10,000,000;
c) Between VND 2,000,000 and
3,000,000 for the violations valued at VND 10,000,000 to less than VND
15,000,000;
d) Between VND 3,000,000 and
4,000,000 for the violations valued at VND 15,000,000 to less than VND
20,000,000;
đ) Between VND 4,000,000 and
5,000,000 for the violations valued at VND 20,000,000 to less than VND
40,000,000;
e) Between VND 5,000,000 and
6,000,000 for the violations valued at VND 40,000,000 or more.
4. Remedies:
a) Forced to reimburse expenses
for medical examination and treatment under the scope of right which the
objects had to be paid (if any);
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c) Forced to reimburse the
violated amount into the revenue account of the health insurance fund (if any).
Article 30.
The acts of causing difficulties or obstacles to medical examination and
treatment of health insurance
1. Warning shall be imposed for
first violations and not harming the interests of the HI participants,
establishments of medical examination and treatment of health insurance.
2. A fine of between 300,000 VND
and 500,000 VND shall be imposed for cases of recidivism, but not harming the
interests of the HI participants, establishments of medical examination and
treatment of health insurance.
3. A fine shall be imposed for
violations of causing damage by the following levels:
a) Between VND 500,000 and
1,000,000 for the violations valued at VND 1,000,000 to less than VND
5,000,000;
b) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 5,000,000 to less than VND
10,000,000;
c) Between VND 2,000,000 and
3,000,000 for the violations valued at VND 10,000,000 to less than VND
15,000,000;
d) Between VND 3,000,000 and
4,000,000 for the violations valued at VND 15,000,000 to less than VND
20,000,000;
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e) Between VND 5,000,000 and
6,000,000 for the violations valued at VND 40,000,000 or more.
4. Remedies:
a) Forced to reimburse expenses
for medical examination and treatment under the scope of right and benefit
level which the objects had to be paid (if any);
b) Forced to reimburse the
amount that the establishments of medical examination and treatment are damaged
(if any).
Article 31.
Acts of violation of regulations, specialized regulations in the establishments
of medical examination and treatment when conducting appraisal of health
insurance
1. Warning shall be imposed for
first violations and not harming the interests of the HI participants,
establishments of medical examination and treatment.
2. A fine of between 300,000 VND
and 500,000 VND shall be imposed for cases of recidivism, but not harming the
interests of the HI participants, establishments of medical examination and
treatment.
3. A fine of between 500,000 VND
and 2,000,000 VND shall be imposed for the violations harming the interests of
the HI participants, establishments of medical examination and treatment.
4. Remedies:
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b) Forced to reimburse the
violated amounts to the establishments of medical examination and treatment (if
any).
Article 32.
The acts of not publicizing, not being transparent when conducting appraisal of
health insurance
1. Warning shall be imposed for
first violations and not harming the interests of the HI participants,
establishments of medical examination and treatment and HI fund.
2. Fine of between 300,000 VND
and 500,000 VND shall be imposed for cases of recidivism, but not harming the
interests of the HI participants, establishments of medical examination and
treatment and HI fund.
3. A fine of between 500,000 VND
and 2,000,000 VND shall be imposed for the violations harming the interests of
the HI participants, establishments of medical examination and treatment or HI
fund.
4. Remedies:
a) Forced to comply with
regulations and provisions;
b) Forced to reimburse the
violated amounts to the establishments of medical examination and treatment (if
any);
c) Forced to reimburse the
violated amounts to the HI participants (if any);
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Article 33.
The acts of obstructing the appraisal of health insurance
1. Warning shall be imposed for
first violations and not harming the interests of the HI participants,
establishments of medical examination and treatment and HI fund.
2. Fine of between 300,000 VND
and 500,000 VND shall be imposed for cases of recidivism, but not harming the
interests of the HI participants, establishments of medical examination and
treatment and HI fund.
3. A fine of between 500,000 VND
and 2,000,000 VND shall be imposed for the violations harming the interests of
the HI participants, establishments of medical examination and treatment or HI
fund.
4. Remedies:
a) Forced to comply with the
appraisal of HI in accordance with provisions;
b) Forced to reimburse expenses
for medical examination and treatment under the scope of right and benefit
level of HI which the objects had to be paid (if any);
c) Forced to reimburse the
violated amounts to the revenue account of HI fund (if any).
Article 34.
The acts of putting the contents contrary to the provisions of law into the
contract of medical examination and treatment of health insurance
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2. A fine shall be imposed for
violations by the following levels:
a) Between VND 1,000,000 and
5,000,000 for the violations valued at less than VND 50,000,000;
b) Between VND 5,000,000 and
10,000,000 for the violations valued at VND 50,000,000 to less than VND
100,000,000;
c) Between VND 10,000,000 and
15,000,000 for the violations valued at VND 100,000,000 to less than VND
500,000,000;
d) Between VND 15,000,000 and
20,000,000 for the violations valued at VND 500,000,000 to less than VND
1,000,000,000;
đ) Between VND 20,000,000 and
30,000,000 for the violations valued at VND 1,000,000,000 to less than VND
10,000,000,000;
e) Between VND 30,000,000 and
40,000,000 for the violations valued at VND 10,000,000,000 or more.
3. Remedies:
a) Forced to cancel the contents
in the contract of HI medical examination and treatment contrary to
regulations;
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c) Forced to reimburse the
amounts that the establishments of medical examination and treatment are
damaged (if any);
d) Forced to reimburse expenses
for medical examination and treatment under the scope of right and benefit
level of HI which the objects had to be paid (if any).
Article 35.
The acts of unilaterally terminating contract of medical examination and
treatment of health insurance
1. Warning shall be imposed for
first violations and not harming the interests of the HI participants,
establishments of medical examination and treatment and HI fund.
2. A fine of between 500,000 VND
and 1,000,000 VND shall be imposed for cases of recidivism, but not harming the
interests of the HI participants, establishments of medical examination and
treatment and HI fund.
3. Fine shall be imposed for
cases of violation harming the interests of the HI participants, establishments
of medical examination and treatment or HI fund by the following levels:
a) Between VND 1,000,000 and
5,000,000 for the violations valued at less than VND 50,000,000;
b) Between VND 5,000,000 and
10,000,000 for the violations valued at VND 50,000,000 to less than VND
1,000,000,000;
c) Between VND 10,000,000 and
15,000,000 for the violations valued at VND 100,000,000 to less than VND
500,000,000;
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đ) Between VND 20,000,000 and
30,000,000 for the violations valued at VND 1,000,000,000 to less than VND
10,000,000,000;
e) Between VND 30,000,000 and
40,000,000 for the violations valued at VND 10,000,000,000 or more.
4. Remedies:
a) Forced to comply with the
contents of signed contract;
b) Forced to comply with the
decision of the competent authority on settlement of dispute of contract of HI
medical examination, treatment;
c) Forced to reimburse the
damaged amount to revenue account of the health insurance fund or medical
examination and treatment (if any);
d) Forced to reimburse the
amounts that HI participants are damaged (if any).
SECTION 4.
VIOLATIONS OF MANAGEMENT AND USE OF HEALTH INSURANCE FUND
Article 36.
The acts of advance, payment of the costs of medical examination, treatment of
health insurance to the establishments of medical examination, and treatment
not in compliance with the correct amount as prescribed
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2. A fine of between VND 500,000
and VND 1,000,000 for the cases of recidivism and the violations are valued at
less than VND 20,000,000.
3. A fine shall be imposed by
the following levels:
a) Between VND 1,000,000 and
2,000,000 for the violations valued at VND 20,000,000 to less than VND
40.000.000;
b) Between VND 2,000,000 and
4,000,000 for the violations valued at VND 40,000,000 to less than VND
80.000.000;
c) Between VND 4,000,000 and
8,000,000 for the violations valued at VND 80,000,000 to less than VND
100.000.000;
d) Between VND 8,000,000 and
12,000,000 for the violations valued at VND 100,000,000 to less than VND
500.000.000;
đ) Between VND 12,000,000 and
16,000,000 for the violations valued at VND 500,000,000 or more.
4. Remedies:
a) Forced to make advance,
payment for costs of HI medical examination, treatment according to
regulations;
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Article 37.
The acts of advance, payment for the costs of medical examination, treatment of
health insurance for the establishments of medical examination and treatment
slower than the specified time
1. Warning shall be imposed for
first violations and not harming the interests of establishments of medical
examination and treatment, HI participants.
2. A fine of between 1,000,000
VND and 5,000,000 VND shall be imposed for cases of recidivism, but not harming
the interests of establishments of medical examination and treatment, HI
participants.
3. A fine shall be imposed for
cases of violation harming the interests of establishments of medical
examination and treatment, HI participants by the following levels:
a) Between VND 5,000,000 and
10,000,000 for the cases slower than the specified time 30 days;
b) Between VND 10,000,000 and
20,000,000 for the cases slower than the specified time 30 days or more.
4. Remedies:
a) Forced to make advance,
payment for costs of HI medical examination, treatment according to the
prescribed time;
b) Forced to reimburse expenses
for medical examination and treatment under the scope of right and benefit
level of HI which the objects had to be paid (if any).
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1. A fine of between VND 500,000
and 1,000,000 shall be imposed for the first violations and not causing harm to
the health insurance fund.
2. A fine of between 1,000,000
VND and 2,000,000 VND shall be imposed for cases of recidivism, but not harming
the health insurance fund.
3. A fine shall be imposed for
the violations damaging the health insurance fund by the following levels:
a) Between VND 2,000,000 and
5,000,000 for the violations valued at less than VND 50,000,000;
b) Between VND 5,000,000 and
10,000,000 for the violations valued at VND 50,000,000 to less than VND
100,000,000;
c) Between VND 10,000,000 and
20,000,000 for the violations valued at VND 100,000,000 to less than VND
500,000,000;
d) Between VND 20,000,000 and
less than VND 30,000,000 for the violations valued at VND 500,000,000 to less
than VND 1,000,000,000;
đ) Between VND 30,000,000 and
40,000,000 for the violations valued at VND 1,000,000,000 or more.
4. Remedies:
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b) Forced to remit the violated
amount to the revenue account of the health insurance fund (if any).
SECTION 5.
VIOLATIONS ON REPORT, PROVISION FOR INFORMATION AND DATA OF HEALTH INSURANCE
Article 39.
The acts of reporting the implementation of health insurance not in compliance
with the specified time, failing to provide for data and providing inaccurate
data to the competent state agencies.
1. Warning shall be imposed for
first violations and not affecting the management, implementation organization,
and formation of health insurance policies.
2. A fine of between 1,000,000
VND and 5,000,000 VND shall be imposed for cases of recidivism, but not
affecting the management, implementation organization, and formation of health
insurance policies.
3. A fine of between 5,000,000
VND and 10,000,000 VND shall be imposed for the violations affecting the
management, implementation organization, and formation of health insurance
policies.
4. Remedies:
a) Forced to comply with the
provisions on report of the competent state agencies;
b) Forced to provide for
sufficient, accurate content, correct forms and correct data within 10 working days
from the date of delivery of sanctioning decisions.
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1. Warning shall be imposed for
first violations and not causing damages to funds of HI medical examination and
treatment used at the establishments of medical examination and treatment.
2. A fine of between 300,000 VND
and 500,000 VND shall be imposed for cases of recidivism, but not causing
damages to funds of HI medical examination and treatment used at the
establishments of medical examination and treatment.
3. A fine shall be imposed for
the violations causing damages to funds of HI medical examination and treatment
used at the establishments of medical examination and treatment by the
following levels:
a) Between VND 1,000,000 and
2,000,000 for the violations valued at less than VND 50,000,000;
b) Between 2,000,000 and
4,000,000 for the violations valued at VND 50,000,000 to less than VND
100,000,000;
c) Between 4,000,000 and
8,000,000 for the violations valued at VND 100,000,000 to less than VND
200,000,000;
d) Between 8,000,000 and
16,000,000 for the violations valued at VND 200,000,000 or more.
4. Remedies:
Forced to provide for adequate
and accurate information on the HI participants, funds of HI medical
examination and treatment used at the establishments of medical examination and
treatment.
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1. Warning shall be imposed for
first violations and not causing damages to the benefits of the HI
participants.
2. A fine of between 100,000 VND
and 300,000 VND shall be imposed for cases of recidivism, but not causing
damages to the interests of the HI participants.
3. A fine of between 500,000 VND
and 1,000,000 VND shall be imposed for the violations harming the interests of
the HI participants.
4. Remedies:
a) Forced to provide for
adequate and accurate contents of information relating to the settlement of
benefits of the HI participants at the establishments of medical examination
and treatment or direct payment for the HI participants;
b) Forced to reimburse expenses
for medical examination and treatment under the scope of right and benefit
level of HI which the objects had to be paid (if any).
Article 42.
The acts of sending settlement report of costs of HI medical examination and
treatment slower than the specified time
1. Warning shall be imposed for
the first violations.
2. A fine shall be imposed in
case of recidivism by the following levels:
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b) Between VND 10,000,000 and
20,000,000 for the cases slower than the specified time 15 days or more.
3. Remedies:
Forced to send settlement report
on expenses for medical examination and treatment of health insurance according
to the prescribed time.
SECTION 6.
VIOLATION OF PROVISIONS ON INSPECTION, EXAMINATION CAUSING INTERFERENCE FOR THE
OPERATION OF STATE MANAGEMENT ON HEALTH INSURANCE
Article 43.
The acts of failing to comply with or obstructing the inspection, examination
of the implementation of provisions of law on health insurance
1. Warning shall be imposed for
first violations.
2. A fine of between 1,000,000
VND and 5,000,000 VND shall be imposed for the cases of recidivism.
3. Remedies: Forced to comply
with the inspection, examination of the competent authorities under the
provisions of law on inspection.
Article 44.
The acts of failing to comply with provisions of the competent state agencies
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2. A fine of between 300,000 VND
and 500,000 VND shall be imposed for cases of recidivism, but not causing
damages to the interests of the HI participants, the establishments of medical
examination and treatment and health insurance fund.
3. Fine shall be imposed for the
violations damaging the interests of the HI participants, the establishments of
medical examination and treatment and health insurance fund by the following
levels:
a) Between VND 1,000,000 and
5,000,000 for the violations valued at less than VND 20,000,000;
b) Between 5,000,000 and
10,000,000 for the violations valued at VND 20,000,000 to less than VND
40,000,000;
c) Between 10,000,000 and
20,000,000 for the violations valued at VND 40,000,000 to less than VND
80,000,000;
d) Between 20,000,000 and
30,000,000 for the violations valued at VND 80,000,000 to less than VND
160,000,000;
đ) Between 30,000,000 and
40,000,000 for the violations valued at VND 160,000,000 or more.
4. Remedies:
a) Forced to comply with
provisions of the competent state agencies;
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Chapter 3.
COMPETENCE, PROCEDURES
FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Article 45.
Competence to sanction administrative violations in the field of HI of the
Presidents of the People's Committees at all levels
Presidents of People's
Committees at all levels are competent to sanction administrative violations in
the field of health insurance under their management scope, as follows:
1. Presidents of commune-level
People's Committees are competent to:
a) Impose warning;
b) Impose a fine of up to VND
2,000,000;
c) Confiscate material evidences
and means used for administrative violations in the field of health insurance
valued at up to VND 2,000,000;
d) Withdraw and temporary keep
health insurance cards.
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a) Impose warning;
b) Impose a fine of up to VND
30,000,000;
c) Confiscate material evidences
and means used for administrative violations in the field of health insurance;
d) Withdraw and temporary keep
health insurance cards;
đ) Force to apply the remedies
prescribed at Points a, b and c, Clause 3, Article 4 of this Decree.
3. Presidents of provincial-level
People's Committees are competent to:
a) Impose warning;
b) Impose a fine of up to VND
40,000,000;
c) Confiscate material evidences
and means used for administrative violations in the field of health insurance;
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đ) Force to apply the remedies
prescribed in Clause 3, Article 4 of this Decree.
Article 46.
Competence to sanction administrative violations in the field of health
insurance of health inspectorate
1. Health inspectors who are on
duty may:
a) Impose warning;
b) Impose a fine of up to VND
500,000;
c) Confiscate material evidences
and means used for administrative violations in the field of health insurance
valued at up to VND 2,000,000;
d) Withdraw and temporary keep
health insurance cards;
đ) Force to apply the remedies
prescribed in Clause 3, Article 4 of this Decree.
2. Chief inspector of Health
Department may:
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b) Impose a fine of up to VND
30,000,000;
c) Confiscate material evidences
and means used for administrative violations in the field of health insurance;
d) Withdraw and temporary keep
health insurance cards;
đ) Force to apply the remedies
prescribed in Clause 3, Article 4 of this Decree.
3. Chief Inspector of the
Ministry of Health may:
a) Impose warning;
b) Impose a fine of up to VND
40,000,000;
c) Confiscate material evidences
and means used for administrative violations in the field of health insurance;
d) Withdraw and temporary keep
health insurance cards;
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Article 47.
Competence to sanction administrative violations of financial regime for health
insurance, health insurance fund of financial inspectorate
1. Financial inspectors who are
on duty within their scope of functions may:
a) Impose warning;
b) Impose a fine of up to VND
500,000;
c) Confiscate material evidences
and means used for administrative violations in the field of health insurance
valued at up to VND 2,000,000;
d) Withdraw and temporary keep health
insurance cards;
đ) Force to apply the remedies
prescribed in Clause 3, Article 4 of this Decree.
2. Chief Inspector of the
Department of Finance may:
a) Impose warning;
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c) Confiscate material evidences
and means used for administrative violations in the field of health insurance;
d) Withdraw and temporary keep
health insurance cards;
đ) Force to apply the remedies
prescribed in Clause 3, Article 4 of this Decree.
3. Chief Inspector of the
Ministry of Finance:
a) Impose warning;
b) Impose a fine of up to VND
40,000,000;
c) Confiscate material evidences
and means used for administrative violations in the field of health insurance;
d) Withdraw and temporary keep
health insurance cards;
đ) Force to apply the remedies
prescribed in Clause 3, Article 4 of this Decree.
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1. In addition to the
sanctioning competence prescribed in Article 45 and Article 46 and Article 47
of this Decree, other competent persons under the provisions of the Ordinance
on Handling of Administrative Violations within their functions, tasks assigned
detect the administrative violations stipulated in this Decree, under the field
or area of their management may sanction.
2. In cases of administrative
violations under the jurisdiction of many agencies, the handling shall be
conducted by the agency which first received.
3. Within the implementation of
health insurance if Vietnam Social Insurance, Social Insurance at provincial
and district levels detect administrative violations in the field of health
insurance, they shall make minutes and recommend to the competent agencies to
sanction administrative violations according to regulations. Upon receipt of
the minute of administrative violation and a written request for sanctioning of
Social Insurance, within 10 days the competent authorities shall handle the
violations as prescribed.
Article 49.
Authorization to sanction administrative violations
In the case of absence of
persons who are competent to sanction administrative violations specified in
Article 45, Article 46, Article 47 and Article 48 of this Decree, their
authorized deputies shall have competence to sanction administrative violations
and must take responsibility for their decisions.
Article 50.
Procedures for sanctioning administrative violations and execution of the
sanctioning decisions
1. Procedures for sanctioning
administrative violations and the execution of decisions to sanction
administrative violations in the field of health insurance shall comply with
the Ordinance No.44/2002/PL-UBTVQH10 dated July 02, 2002 of the National
Assembly Standing Committee on Handling of Administrative Violations, Ordinance
No.04/2008/UBTVQH12 dated April 02, 2008 amending and supplementing some
Articles of Ordinance No.44/2002/PL-UBTVQH10 dated July 02, 2002 and Decree
No.128/2008/ND-CP of the Government detailing the implementation of some
Articles of the Ordinance on Handling of Administrative Violations
No.04/2008/UBTVQH12 dated April 02, 2008.
2. Forms of minutes, decisions
used in the sanction of administrative violations in the field of health
insurance are issued with this Decree.
Article 51.
Deduction of money from deposit accounts of agencies, organizations, employers
who are responsible for paying health insurance premiums for remittance of
unpaid amount and interest of this amount to health insurance fund
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2. Persons who are competent to
request banks, state treasuries, credit institutions to deduct money from
deposit accounts of agencies, organizations, employers who are responsible for
paying health insurance premiums as prescribed in Clause 1 of this Article are:
a) The Presidents of
district-level People's Committees;
b) The Presidents of provincial-level
People's Committees;
c) The Chief Inspectors of the
Departments of Health;
d) The Chief Inspector of the
Ministry of Health;
đ) The chief inspectors of the
Departments of Finance;
e) The Chief Inspector of the
Ministry of Finance;
g) Other competent persons as
prescribed.
3. Ministry of Health shall
coordinate with the Ministry of Finance, State Bank to specifically guide the
order and procedures for deducting money from deposit accounts of agencies,
organizations, employers who are responsible for paying health insurance
premiums as prescribed in Clause 1, Clause 2 of this Article.
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IMPLEMENTATION
PROVISIONS
Article 52.
Effect
This Decree takes effect from
December 01, 2011.
Article 53.
Responsibility for implementation
1. Minister of Health is
responsible for organizing and supervising the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of governmental agencies, the presidents of
the People’s Committees of provinces and cities directly under the Central
Government shall implement this Decree./.
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