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OFFICE OF THE NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 47/VBHN-VPQH
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Hanoi, December 27, 2023
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LAW
HEALTH INSURANCE
Pursuant to the Law on
Health Insurance No. 25/2008/QH12 dated November 14, 2008 of the National
Assembly of Vietnam, effective as of July 1, 2009, amended by:
1. Law No. 32/2013/QH13
dated June 19, 2013 of the National Assembly of Vietnam on amendments to the
Law on Corporate Income Tax, effective as of January 1, 2014;
2. Law No. 46/2014/QH13
dated June 13, 2014 of the National Assembly of Vietnam on amendments to the
Law on Health Insurance, effective as of January 1, 2015;
3. Law on Fees and
Charges No. 97/2015/QH13 dated November 25, 2015 of the National Assembly of
Vietnam, effective as of January 1, 2017;
4. Law No. 35/2018/QH14
dated November 2018 of the National Assembly of Vietnam on amendments to 37
Laws concerning planning, effective as of January 1, 2019;
5. Law on Residence No.
68/2020/QH14 dated November 13, 2020 of the National Assembly of Vietnam,
effective as of July 1, 2021;
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Pursuant to the
Constitution of the Republic Socialist of Vietnam 1992 amended by Resolution
No. 51/2001/QH10;
The National Assembly
of Vietnam hereby promulgates the Law on Health Insurance[1].
Chapter I
GENERAL PROVISIONS
Article 1. Scope and
regulated entities
1. This Law provides for
health insurance regulations and policies, including policyholders, premiums,
responsibilities, and payment methods of health insurance premium payment;
health insurance cards; health insurance benefits; medical examination and
treatment for health insurance policyholders (hereinafter referred to as
“policyholders”); payments of medical service costs covered by health
insurance; health insurance funds; rights and responsibilities of parties
involved in health insurance.
2. This Law applies to
domestic organizations and individuals and foreign organizations and individuals
in Vietnam involved in health insurance.
3. This Law does not
apply to commercial health insurance.
Article 2.
Interpretation of terms
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1.[2] Health
insurance is a form of compulsory insurance which is implemented by the
State to look after the health of policyholders according to this Law for
non-profit purposes.
2. All-people health
insurance means health insurance joined by all persons prescribed in this
Law.
3. Health insurance
fund refers to a financial fund established from health insurance
premium revenues and other legal revenues, which is used to cover medical
service costs for policyholders, managerial costs of health insurance
institutions, and other legal costs related to health insurance.
4. Employers include
state agencies, public service providers, people’s armed forces, political
organizations, socio-political organizations, social-political-professional
organizations, social organizations, socio-professional organizations,
enterprises, cooperatives, household businesses, and other organizations;
foreign and international organizations operating in Vietnam’s territory
responsible for paying health insurance premiums.
5. Primary health
insurance-covered medical examination and treatment establishment (hereinafter
referred to as “primary health insurance-covered medical establishments”) refers
to the first medical examination and treatment establishment registered by a
policyholder, indicated on the health insurance card.
6. Health insurance assessment refers
to the specialized operations carried out by health insurance institutions to
assess the appropriateness of the provision of health insurance services for
policyholders, serving as the basis for paying medical service costs covered by
health insurance.
7.[3]
Households participating in health insurance (hereinafter referred to as
“households”) include all the persons whose names are included in the household
registration books or temporary residence registers according to the residence
law.
8.[4] Basic
medical service packages covered by the health insurance fund are essential
medical services for health care, conforming with the solvency of the health
insurance fund.
Article 3. Health
insurance principles
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2.[5] Health
insurance premiums shall be determined according to the percentage of the
salaries used as the basis for paying compulsory social insurance contributions
according to the Law on Social Insurance (hereinafter referred to as “monthly
salaries”), pensions, allowances, or base salaries.
3.[6] Health
insurance benefits shall be based on the severity of diseases, policyholders
within the beneficial scope, and health insurance participation time.
4. Medical service costs
covered by health insurance shall be jointly paid by the health insurance fund
and policyholders.
5. The health insurance
fund shall be managed in a centralized, consistent, public, and transparent
manner that ensures the balance between revenues and expenditures and be
guaranteed by the State.
Article 4. State
policies on health insurance
1. The State pays or
supports the payment of health insurance premiums for revolutionary
contributors and specific social beneficiaries.
2.[7] The State
adopts preferential policies for the health insurance fund’s investments to
preserve and increase the fund. The fund's revenues and profits from its
investments shall be exempted from tax.
3. The State creates
favorable conditions for organizations and individuals to participate in health
insurance or pay health insurance premiums for specific beneficiaries.
4. The State encourages
investment in the development of technologies and advanced technical equipment
for health insurance management.
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1. The government of
Vietnam shall ensure the consistent state management of health insurance.
2. The Ministry of Health
of Vietnam shall take responsibility for implementing the state management of
health insurance before the Government of Vietnam.
3. Ministries and
ministerial agencies shall, within their scope of tasks and entitlements,
cooperate with the Ministry of Health of Vietnam in implementing the state
management of health insurance.
4. People’s Committees at
all levels shall, within their scope of tasks and entitlements, implement the
state management of health insurance in their areas.
Article 6.
Responsibilities of the Ministry of Health of Vietnam
Take charge and cooperate
with ministries, ministerial agencies, and relevant agencies and organizations
in:
1. Developing policies
and laws on health insurance and re-organizing the health system, technical and
professional levels, and financial resources for the protection, care, and
improvement of the People's health based on all-people health insurance;
2. Developing strategies,[8],
and master plans for health insurance development;
3.[9] Promulgating
regulations on technical professions, medical examination and treatment procedures,
treatment guidelines, and guidelines on transfer between inferior and superior
hospitals concerning medical services covered by health insurance;
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5. Disseminating and
universalizing policies and laws on health insurance;
6. Directing and guiding
the implementation of health insurance regulations;
7. Inspecting, examining,
and handling violations and settling denunciations and complaints concerning
health insurance;
8. Monitoring, assessing,
and summarizing operations in the health insurance sector;
9. Organizing scientific
research and international cooperation in health insurance;
10.[10]
Promulgating basic medical service packages covered by the health insurance
fund.
Article 7.
Responsibilities of the Ministry of Finance of Vietnam
1. Cooperate with the
Ministry of Health of Vietnam and relevant agencies and organizations in
developing policies and laws on finance concerning health insurance.
2. Inspect and examine
the implementation of the law on financial regulations applicable to health
insurance and the health insurance fund.
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1. Direct and guide the
identification and management of policyholders under the management of the
Ministry of Labor - War Invalids and Social Affairs of Vietnam prescribed in
Points d, e, g, h, i, and k Clause 3 and Clause 4 Article 12 of this Law.
2. Inspect and examine
the implementation of the law on the health insurance participation
responsibility of employers and employees according to Clause 1 Article 12 of
this Law and policyholders under the management of the Ministry of Labor - War
Invalids and Social Affairs of Vietnam prescribed in Points d, e, g, h, i, and
k Clause 3 and Clause 4 Article 12 of this Law.
Article 7b.
Responsibilities of the Ministry of Education and Training of Vietnam[12]
1. Direct and guide the
identification and management of policyholders under the management of the
Ministry of Education and Training of Vietnam prescribed in Point n Clause 3
and Point b Clause 4 Article 12 of this Law.
2. Inspect and examine
the implementation of the law on the health insurance participation
responsibility of policyholders under the management of the Ministry of
Education and Training of Vietnam prescribed in Point n Clause 3 and Point b Clause
4 Article 12 of this Law.
3. Take charge and
cooperate with the Ministry of Health and relevant ministries and central
authorities in guiding the establishment and consolidation of the health
systems of schools to provide primary health care for children and students.
Article 7c.
Responsibilities of the Ministry of National Defense of Vietnam and Ministry of
Public Security of Vietnam[13]
1. Direct, manage, guide,
and implement the identification, management, and formulation of health
insurance lists of policyholders under the management of the Ministry of
National Defense of Vietnam and the Ministry of Public Security of Vietnam
prescribed in Point a Clause 1, Point a and Point n Clause 3, and Point b
Clause 4 Article 12 of this Law.
2. Formulate lists
and provide lists of requests for health insurance card issuance regarding
policyholders prescribed in Point l Clause 3 Article 12 of this Law for health
insurance institutions.
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4. Cooperate with the
Ministry of Health of Vietnam and relevant ministries and central authorities
in guiding medical examination and treatment establishments of the Ministry of
National Defense of Vietnam and the Ministry of Public Security of Vietnam to
conclude health insurance-covered medical examination and treatment contracts
with health insurance institutions to provide medical examination and treatment
for policyholders.
Article 8.
Responsibilities of People’s Committees at all levels
1. Within their scope of
tasks and entitlements, People’s Committees at all levels shall:
a) Direct the
implementation of policies and laws on health insurance;
b) Ensure funding for
payment of health insurance premiums for policyholders eligible for premium
payment and support from the state according to this Law;
c) Disseminate and
universalize policies and laws on health insurance;
d) Inspect, examine, and
handle violations and settle denunciations and complaints concerning health
insurance.
2.[14] People’s
Committees of provinces and centrally affiliated cities shall, aside from
implementing the responsibilities prescribed in Clause 1 of this Article,
direct the development of apparatuses and resources to implement the state
management of health insurance in their areas and manage and use funding in
compliance with Clause 3 Article 35 of this Law.
3.[15] People’s
Committees of communes, wards, and commune-level towns (hereinafter referred to
as “commune-level People’s Committees”) shall, aside from implementing the
responsibilities prescribed in Clause 1 of this Article, formulate lists of
family-based health insurance policyholders in their areas regarding
policyholders prescribed in Clauses 2, 3, 4, and 5 Article 12 of this Law,
policyholders prescribed in Points a, l, and n Clause 3 and Point b Clause 4
Article 12 of this Law; commune-level People’s Committees shall formulate lists
of requests for health insurance card issuance for children at the same time as
the issuance of birth certificates.
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1. Health insurance
institutions shall implement health insurance regulations, policies, and laws
and manage and use the health insurance fund.
2. The Government of
Vietnam shall stipulate the organization, functions, tasks, and entitlements of
health insurance institutions.
Article 10. Health
insurance fund audit
Every 3 years, the State
Audit Office of Vietnam shall audit the health insurance fund and submit
reports on the results to the National Assembly of Vietnam.
Upon request from the
National Assembly of Vietnam, the Standing Committee of the National Assembly
of Vietnam, or the Government of Vietnam, the State Audit Office of Vietnam
shall carry out an irregular audit of the health insurance fund.
Article 11. Prohibited
acts
1. Failing to pay or
insufficiently paying health insurance premiums according to this Law.
2. Committing fraud
related to or forging health insurance documentation or cards.
3. Using amounts for
health insurance premium payment or the health insurance fund for improper
purposes.
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5. Deliberately
formulating false reports or providing false information and data on health
insurance.
6. Abusing one’s
position, entitlement, or professional operations to act in contravention of
the health insurance law.
Chapter II
POLICYHOLDERS, PREMIUMS, RESPONSIBILITIES,
AND PAYMENT METHODS OF HEALTH INSURANCE PREMIUMS
Article 12.
Policyholders[16]
1. Policyholders whose
health insurance premiums are paid by employees and employers:
a) Employees working
under indefinite labor contracts or labor contracts with a term of 3 months or
more; salaried managers of enterprises; officials and public employees
(hereinafter referred to as "employees");
b) Part-time officials in
communes, wards, and commune-level towns according to the law.
2. Policyholders whose
health insurance premiums are paid by social insurance institutions:
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b) Persons receiving
monthly social insurance allowances due to occupational accidents, occupational
diseases, or diseases included in the list of long-term treatment diseases;
beneficiaries of monthly death benefits who are at least 80 years old;
c) Retired officials of
communes, wards, and commune-level towns receiving monthly social insurance
allowances;
d) Persons receiving
unemployment allowances.
3. Policyholders whose
health insurance premiums are paid by the state:
a) Commissioned officers,
professional soldiers, non-commissioned officers, and army soldiers on active
duty; operational commissioned and non-commission officers and technical
commissioned and non-commissioned officers working in people’s public security
forces, people’s public security learners, and non-commissioned officers and
soldiers under fixed-term contracts in people’s public security forces; cipher
officers whose salaries are the same as soldiers; cipher learners whose
benefits are the same as the benefits for learners in military or public
security academies;
b) Retired officials of
communes, wards, and commune-level towns receiving monthly allowances from the
state budget;
c) Persons who are no
longer receiving compensations for loss of capacity for work and are receiving
monthly allowances from the state budget;
d) Revolutionary
contributors and veterans;
dd) Incumbent deputies of
the National Assembly of Vietnam or People's Councils at all levels;
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g) Beneficiaries of
monthly social protection allowances;
h) Poor household
members; ethnic minorities living in areas with disadvantaged socio-economic
situations; persons living in areas with extremely disadvantaged socio-economic
situations; persons living in island communes or districts;
i) Relatives of
revolutionary contributors who are biological parents, spouses, or children of
martyrs; persons who have nurtured martyrs;
k) Relatives of
revolutionary contributors, excluding those prescribed in Point i of this
Clause;
l) Relatives of those
prescribed in Point a Clause 3 of this Article;
m) Persons who have
donated body parts under the law;
n) Foreign learners in
Vietnam whose scholarships are granted by the state budget of Vietnam.
4. Policyholders whose
health insurance premiums are paid by the state budget:
a) Near-poor household
members;
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c)[17] Persons
participating in grassroots-level security and order protection forces.
5. Family-based health
insurance policyholders, excluding those prescribed in Clauses 1, 2, 3, and 4
of this Article.
6. The Government of
Vietnam shall stipulate other policyholders aside from those prescribed in
Clauses 3, 4, and 5 of this Article; regulations on the issuance of health
insurance cards regarding policyholders managed by the Ministry of National
Defense of Vietnam and the Ministry of Public Security of Vietnam and
policyholders prescribed in Point l Clause 3 of this Article; roadmaps for the
implementation of health insurance, beneficial scope, health insurance
benefits, health insurance-covered medical examination and treatment,
management and use of funding for health insurance-covered medical examination
and treatment, health insurance assessment, and health insurance payment and
settlement for policyholders prescribed in Point a Clause 3 of this Article.
Article 13. Health
insurance premiums and responsibilities to pay health insurance premiums[18]
1. Health insurance
premiums and responsibilities to pay health insurance premiums are stipulated
as follows:
a) The monthly premiums
of policyholders prescribed in Point a Clause 1 Article 12 of this Law must not
exceed 6% of their monthly salaries, 2/3 of which is paid by the employers and
the remaining 1/3 is paid by the employees. During the time the employees are
on maternity leave under the law on health insurance, the maximum monthly
premiums shall be equal to 6% of their monthly salaries before the maternity
leave, paid by the health insurance institutions.
b) The monthly premiums
of policyholders prescribed in Point b Clause 1 Article 12 of this Law must not
exceed 6% of their base salaries, 2/3 of which is paid by the employers and the
remaining 1/3 is paid by the employees;
c) The monthly premiums
of policyholders prescribed in Point a Clause 2 Article 12 of this Law must not
exceed 6% of their pensions or compensations for loss of capacity for work, and
such premiums shall be paid by the health insurance institutions;
d) The monthly premiums
of policyholders prescribed in Point b and Point c Clause 2 Article 12 of this
Law must not exceed 6% of the base salaries, and such premiums shall be paid by
the health insurance institutions;
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e) The monthly premiums
of policyholders prescribed in Point a Clause 3 Article 12 of this Law must not
exceed 6% of their monthly salaries regarding the salaried persons and of the
base salaries regarding persons receiving welfare, and such premiums shall be paid
by the state budget;
g) The monthly premiums
of policyholders prescribed in Points b, c, d, dd, e, g, h, I, k, l, and m
Clause 3 Article 12 of this Law must not exceed 6% of the base salaries, and
such premiums shall be paid by the state budget;
h) The monthly premiums
of policyholders prescribed in Point n Clause 3 Article 12 of this Law must not
exceed 6% of the base salaries, and such premiums shall be paid by the
scholarship providers;
i) The monthly premiums
of policyholders prescribed in Clause 4 Article 12 of this Law must not exceed
6% of the base salaries, and such premiums shall be paid by such policyholders
with partial support from the state budget;
k) The monthly premiums
of policyholders prescribed in Clause 5 Article 12 of this Law must not exceed
6% of the base salaries, and such premiums shall be paid by such policyholders.
2. Where a person
qualifies as multiple categories of policyholders defined under Article 12
hereof simultaneously, he/she shall pay premiums corresponding to whichever
category mentioned first in Article 12 hereof.
In case a policyholder
prescribed in Point a Clause 1 Article 12 of this Law concludes one or more
indefinite labor contracts or contracts with a term of at least 3 months,
his/her premiums shall be paid according to the labor contract with the highest
salary.
Where a policyholder
prescribed in Point b Clause 1 Article 12 of this Law qualifies as multiple
categories of policyholders defined under Article 12 hereof simultaneously,
his/her premiums shall be paid by the social insurance institution, state
budget, his/herself, and the People's Committee of the commune respectively.
3. All members of a
household prescribed in Clause 5 Article 12 of this Law shall participate in
health insurance. The premiums shall decrease from the second member
specifically as follows:
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b) The premiums of the
second, third, and fourth ones shall be respectively equal to 70%, 60%, and 50%
of the premiums of the first one;
c) From the fifth one
onward, the premiums shall be equal to 40% of the premiums of the first one.
4. The Government of
Vietnam shall elaborate on the premiums and support rates prescribed in this
Article.
Article 14. Salaries,
remunerations, and allowances serving as the basis for health insurance premium
payment
1. Employees salaried
under regulations of the State shall pay health insurance premiums based on
their monthly salaries paid according to their ranks or military ranks or
position allowances, extra-seniority allowances, and professional 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 prescribed
in their labor contracts.
3. Persons receiving
monthly pensions, working capacity loss allowances, and unemployment allowances
shall pay health insurance premiums based on their monthly pensions, working
capacity loss allowances, and unemployment allowances.
4.[19] Other
policyholders shall pay health insurance premiums based on their base salaries.
5.[20] Monthly
salaries used for health insurance payments shall be up to 20 times the base
salaries.
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1. Every month, employers
shall pay health insurance premiums for their employees and transfer the health
insurance premiums deducted from employees' salaries to the health insurance
fund concurrently.
2. Regarding
agricultural, forestry, fishery, and salt-making enterprises that do not pay
monthly salaries, employers shall pay quarterly or biannual health insurance
premiums for their employees and transfer the health insurance premiums
deducted from employees' salaries to the health insurance fund concurrently.
3. Every month, social
insurance institutions prescribed shall transfer health insurance premiums
according to Points c, d, and dd Clause 1 Article 13 of this Law to the health
insurance fund.
4. Every quarter,
scholarship providers shall transfer health insurance premiums according to
Point h Clause 1 Article 13 of this Law to the health insurance fund.
5. Every quarter, the
state budget shall transfer health insurance premiums and support according to
Points e, g, and i Clause 1 Article 13 of this Law to the health insurance
fund.
6. Every 3 months, 6
months, or 12 months, representatives of households, organizations, and
individuals shall transfer health insurance premiums under their
responsibilities to the health insurance fund.
Chapter III
HEALTH INSURANCE CARDS
Article 16. Health
insurance cards
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2. Each policyholder may
only hold one health insurance card.
3.[22] Validity
periods of health insurance cards are as follows:
a) Health insurance cards
of policyholders prescribed in Clauses 1, 2, and 3 Article 12 of this Law who participate
in health insurance for the first time shall be valid from the payment for
health insurance premiums;
b) The validity period of
a health insurance card of a policyholder continuously participating in health
insurance shall be renewed from the expiry date of the previous validity
period;
c) Health insurance cards
of policyholders prescribed in Clauses 4 and 5 Article 12 of this Law
participating in health insurance from the effective date of this Law or
discontinuously participating in health insurance for at least 3 months in a
fiscal year shall be valid after 30 days from the payment of health insurance
premiums;
d) Health insurance cards
of children under 6 years old shall be valid until they are 72 months old.
Health insurance cards of 72-month-old children before the beginning of an
academic year shall be valid until September 30 of such a year.
4. A health insurance
card is invalid in the following cases:
a) Its validity period
expires;
b) It has been modified
or erased;
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5.[23] Health
insurance institutions shall issue samples of health insurance cards after the
Ministry of Health of Vietnam reaches a consensus.
Article 17. Health
insurance card issuance[24]
1. An application for
health insurance card issuance includes:
a) A statement on health
insurance participation of the applicant regarding (applicable to first-time
applicants);
b) A list of
policyholders prescribed in Clause 1 Article 12 of this Law formulated by the
employer.
A list of policyholders
prescribed in Clauses 2, 3, 4, and 5 Article 12 of this Law formulated by the
commune-level People’s Committee, except for policyholders prescribed in Points
a, l, and n Clause 3 and Point b Clause 4 Article 12 of this Law.
A list of policyholders
under the management of the Ministry of Education and Training of Vietnam and
the Ministry of Labor – War Invalids and Social Affairs of Vietnam prescribed
in Point n Clause 3 and Point b Clause 4 Article 12 of this Law formulated by
education and training facilities and vocational training facilities.
A list of policyholders
under the management of the Ministry of National Defense of Vietnam and the
Ministry of Public Security of Vietnam prescribed in Point a Clause 1, Points a
and n Clause 3, and Point b Clause 4 Article 12 of this Law and a list of
policyholders prescribed in Point l Clause 3 Article 12 of this Law formulated
by the Ministry of National Defense of Vietnam and the Ministry of Public
Security of Vietnam.
2. Within 10 working days
from the date of receipt of the adequate application prescribed in Clause 1 of
this Article, the health insurance institution shall transfer health insurance
cards to policyholders or their organizations and agencies.
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Article 18. Health
insurance card re-issuance
1. A health insurance
card shall be re-issued if it is lost.
2. A policyholder who
loses his/her health insurance card shall apply for re-issuance.
3.[25] Within 7
working days from the date of receipt of the application for health insurance
card re-issuance, the health insurance institution shall re-issue the card to
the policyholder. During the processing time for the re-issuance of the health
insurance card, the policyholder is still eligible for health insurance
benefits.
4.[26] (annulled)
Article 19. Health
insurance card exchange
1. A health insurance
card shall be exchanged in the following cases:
a) It is torn, crumpled,
or damaged;
b) The registered primary
medical treatment and examination establishment is changed;
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2. An application for
health insurance card exchange includes:
a) An application for the
card exchange of the policyholder;
b) The health insurance
card.
3. Within 7 working days
from the date of receipt of the adequate application prescribed in Clause 2 of
this Article, the health insurance institution shall exchange the card for the
policyholder. During the processing time for the exchange, the cardholder is
still eligible for health insurance benefits.
4. Policyholders shall
pay for the exchange of torn, crumpled, or damaged health insurance cards. The
minister of Finance of Vietnam shall stipulate fees for health insurance card
exchange.
Article 20. Health
insurance card revocation and temporary suspension
1. A health insurance
card shall be revoked in the following cases:
a) There is fraud in its
issuance;
b) The cardholder no
longer participates in health insurance;
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2. A health insurance
card shall be temporarily suspended if the person using medical services uses
another person’s health insurance card. The cardholder of the suspended health
insurance card shall retrieve the card and pay fines as prescribed by the law.
Chapter IV
SCOPE OF HEALTH INSURANCE BENEFITS
Article 21. Scope of
health insurance benefits
1. A policyholder shall
have the following costs covered by the health insurance fund:
a) Costs of medical
services, functional rehabilitation, periodic antenatal examinations, and
childbirth;
b)[28] (annulled)
b)[29] Costs of
the transfer of patients from district-level hospitals to superior hospitals
regarding policyholders prescribed in Points a, d, e, g, h, and i Clause 3
Article 12 of this Law in case of medical emergencies or during inpatient
treatment requiring such a transfer.
2.[30] The Minister of
Health of Vietnam shall take charge and cooperate with relevant ministries and
central authorities in promulgating the list, proportion, and payment
conditions for drugs, chemicals, medical supplies, and medical services within
the beneficial scope of policyholders.
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1. Medical service costs
of a policyholder receiving medical examination and treatment according to
Articles 26, 27, and 28 of this Law shall be covered by the health insurance
fund within his/her beneficial scope as follows:
a) 100% of the medical
service costs regarding policyholders prescribed in Points a, d, e, g, h, and i
Clause 3 Article 12 of this Law. Medical service costs outside of the scope of
health insurance benefits of policyholders prescribed in Point a Clause 3
Article 12 of this Law shall be covered by the health insurance funding for
medical examination and treatment of such policyholders; if the mentioned
funding is insufficient, the state budget shall guarantee such medical service
costs;
b) 100% of the medical
service costs regarding any medical examination and treatment at commune-level
hospitals and costs that are lower than the costs prescribed by the Government
of Vietnam;
c) 100% of the medical
service costs regarding policyholders participating in health insurance for at
least 5 consecutive years whose medical service costs exceed the total amount
of their base salaries in 6 months, except for policyholders who receive
medical services at hospitals different from the registered ones;
d) 95% of the medical
service costs regarding policyholders prescribed in Point a Clause 2, Point k
Clause 3, and Point a Clause 4 Article 12 of this Law;
dd) 80% of the medical
service costs regarding other policyholders.
2. Where a person
qualifies as multiple categories of policyholders defined under Article 12
hereof simultaneously, the highest health insurance benefits shall be applied.
3. If a cardholder goes
to a hospital different from the registered one, except for the case prescribed
in Clause 5 of this Article, his/her medical service costs shall be covered by
the health insurance fund according to the benefits prescribed in Clause 1 of
this Article as follows:
a) 40% of inpatient
treatment costs at a central hospital;
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c) 70% of medical service
costs at a district-level hospital from the effective date of this Law until
December 31, 2015; 100% of medical service costs from January 1, 2016.
4. From January 1, 2016,
policyholders registering commune-level medical stations, polyclinics, or
district-level hospitals as primary medical examination and treatment
establishments may receive medical examination and treatment at other
commune-level medical stations, polyclinics, or district-level hospitals in the
same province with health insurance benefits prescribed in Clause 1 of this
Article.
5. Policyholders who are
ethnic minorities and members of poor households living in areas with
disadvantaged socio-economic situations and areas with extremely disadvantaged
socio-economic situations and policyholders living in island communes or island
districts, when going to hospitals different from the registered ones, shall
have their medical service costs (at district-level hospitals) or inpatient
treatment costs (at provincial or central hospitals) covered by the health
insurance fund according to the health insurance benefits prescribed in Clause
1 of this Article.
6. From January 1, 2021,
the health insurance fund shall pay the inpatient treatment costs following the
health insurance benefits prescribed in Clause 1 of this Article for
policyholders who go to any provincial medical examination and treatment
establishment in Vietnam different from their registered ones.
7. The Government of
Vietnam shall stipulate specific health insurance benefits for health
insurance-covered medical examination and treatment in bordering areas, cases
of medical examination and treatment upon request, and other cases not
prescribed in Clause 1 of this Article.
Article 23. Cases
ineligible for health insurance benefits
1. Cases prescribed in
Clause 1 Article 21 in which the state budget has covered costs.
2. Convalescence at sanatoria
or convalescence establishments.
3. Health check-ups.
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5. Use of obstetric
support, family planning services, or abortion services, except for cases of
pregnancy termination due to fetal or maternal diseases.
6. Use of aesthetic
services.
7.[32] Treatment
of strabismus, myopia, and refractive errors, except for children under 6 years
old.
8. Use of prosthetics,
dentures, eyeglasses, hearing aids, and mobility aids in medical examination and
treatment and functional rehabilitation.
9.[33] Medical
examination and treatment for functional rehabilitation in case of
catastrophes.
10.[34] (annulled)
11. Medical examination
and treatment for addictions to drugs, alcohol, or other addictive substances.
12.[35] (annulled)
13. Medical assessments,
forensic examinations, and forensic psychological evaluations.
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Chapter V
ORGANIZATION OF MEDICAL EXAMINATION AND
TREATMENT FOR POLICYHOLDERS
Article 24. Health
insurance-covered medical examination and treatment establishments[36]
Health insurance-covered
medical examination and treatment establishments (hereinafter referred to as
“health insurance-covered medical establishments”) are medical establishments
as prescribed by the Law on Medical Examination and Treatment concluding
medical examination and treatment contracts with health insurance institutions.
Article 24. Health
insurance-covered medical examination and treatment contracts
1. A health
insurance-covered medical examination and treatment contract is a written
agreement between a health insurance institution and a medical examination and
treatment establishment regarding the provision of medical services and payment
of medical service costs covered by health insurance.
2. A health
insurance-covered medical examination and treatment contract includes:
a)[37]
Policyholders and requirements for the scope of service provision; expected
number of cards and structure of policyholders regarding primary health
insurance-covered medical establishments;
b) Payment methods of
medical service costs;
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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 a contract as
prescribed in Point e Clause 2 of this Article shall not interrupt
policyholders’ medical examination and treatment processes.
4.[38] The
Ministry of Health of Vietnam shall take charge and cooperate with the Ministry
of Finance of Vietnam in stipulating the form of the health insurance-covered
medical examination and treatment contract.
Article 24.
Registration for health insurance-covered medical examination and treatment
1. Policyholders may
register for the provision of primary health insurance-covered medical
examination and treatment at medical examination and treatment establishments
of communes, districts, and equivalents, except for cases in which they are
entitled to register at provincial or central medical examination and treatment
establishments as prescribed by the Minister of Health of Vietnam.
Regarding a
policyholder who works on a mobile basis or moves to a different province for
temporary residence, he/she may receive primary medical examination and
treatment at a medical examination and treatment establishment with appropriate
technical and professional levels in such a province as prescribed by the
Minister of Health of Vietnam.
2. Policyholders may
change their registered primary medical examination and treatment
establishments at the start of every quarter.
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Article 27. Treatment
transference
Regarding a case
exceeding the professional and technical level of a health insurance-covered
medical establishment, such an establishment shall promptly transfer the
patient to another competent health insurance-covered medical establishment
according to relevant regulations.
Article 28. Procedures
for health insurance-covered medical examination and treatment
1. A policyholder seeking
medical examination and treatment shall present his/her health insurance card
with his/her photo; if the card does not have such a photo, it shall be
presented with documents proving the policyholder’s identity. Regarding a child
under 6 years old, only the health insurance card shall be presented.
2. In case of a medical
emergency, the policyholder shall be entitled to medical examination and
treatment at any medical examination and treatment establishment and shall
present his/her health insurance card with the documents prescribed in Clause 1
of this Article before being discharged.
3. In case of a treatment
transference, the policyholder shall have a transference record of the medical
examination and treatment establishment.
4. In case of a re-examination
according to treatment requirements, the policyholder shall have an appointment
letter for the re-examination of the medical examination and treatment
establishment.
Article 29. Health
insurance assessment
1. Health insurance
assessment includes:
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b) Inspection and
assessment of treatment indication, use of drugs, chemicals, supplies, medical
equipment, and medical services for patients;
c) Inspection and
determination of health insurance-covered medical service costs.
2. Health insurance
assessment shall ensure accuracy, publicity, and transparency.
3. Health insurance
institutions shall carry out health insurance assessments and take legal liability
for the assessment conclusions and results.
Chapter VI
PAYMENT OF HEALTH INSURANCE-COVERED
MEDICAL SERVICE COSTS
Article 30. Payment
methods of health insurance-covered medical service costs
1. Payments of health
insurance-covered medical service costs shall be made using the following
methods:
a)[39] Capitation
payment is a payment of predetermined fees for the scope of services of a
health insurance card registered at a medical service provider within a
specific period;
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c) Illness-based payment
is a payment of medical service costs predetermined for each case based on
diagnoses.
2. The Government of
Vietnam shall stipulate the application of payment methods prescribed in Clause
1 of this Article.
Article 31. Payment of
health insurance-covered medical service costs
1. Health insurance
institutions shall pay health insurance-covered medical service costs to
medical examination and treatment establishments according to health
insurance-covered medical examination and treatment contracts.
2.[40] Health
insurance-covered medical service costs of health insurance cardholders shall
be paid directly by health insurance institutions when:
a) The policyholder
receives medical examination and treatment at a medical examination and
treatment establishment without health insurance-covered medical examination
and treatment contracts;
b) The policyholder
receives medical examination and treatment in breach of Article 28 of this Law;
c) Other special cases
prescribed by the Minister of Health of Vietnam.
3. The Ministry of Health
of Vietnam shall take charge and cooperate with the Ministry of Finance of
Vietnam in stipulating procedures and payments for cases prescribed in Clause 2
of this Article.
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5.[41] The Minister
of Health of Vietnam shall take charge and cooperate with the Minister of
Finance of Vietnam in stipulating consistent health insurance-covered medical
service fees among same-level hospitals in Vietnam.
Article 32. Advance,
payment, and settlement of health insurance-covered medical service costs[42]
1. A health
insurance-covered medical establishment shall receive a quarterly advance from
a health insurance institution as follows:
a) The health
insurance-covered medical establishment shall receive an advance payment of 80%
of the health insurance-covered medical service costs according to the report
on the financial settlement of the previous quarter of such establishment
within 5 working days from the date on which the health insurance institution receives
such a report;
b) Regarding a medical
examination and treatment establishment concluding a health insurance-covered
medical examination and treatment contract for the first time and having
registered for the provision of primary health insurance-covered medical
examination and treatment, it shall receive an advance payment of 80% of its
funding according to the announcement issued by the health insurance
institution at the start of the term; if such an establishment does not
register for the provision of primary health insurance-covered medical
examination and treatment, the health insurance institution shall pay an
advance payment of 80% of the establishment's health insurance-covered medical
service costs according to the expenditures on medical examination and
treatment after one month from the execution of the contract;
c) If amounts advanced to
health insurance-covered medical establishments in a province exceed the
quarterly funding, the health insurance institution of the province or centrally
affiliated city shall submit a report to Vietnam Social Security for
supplements.
2. The payment and
settlement between a health insurance-covered medical establishment and a
health insurance institution shall be carried out as follows:
a) Within the first 15
days of every month, the health insurance-covered medical establishment shall
send a summary of requests for payment of health insurance-covered medical
service costs of the previous month to the health insurance institution; within
the first 15 days of every quarter, the health insurance-covered medical
establishment shall submit a report on the settlement of health
insurance-covered medical service costs of the previous quarter to the health
insurance institution;
b) Within 30 days from
the date on which the health insurance institution receives the report on the
settlement of the previous quarter from the health insurance-covered medical
establishment, it shall notify the health insurance-covered medical
establishment of the assessment result and the verified health
insurance-covered medical service costs, including the actual medical service
costs within the establishment's scope of health insurance benefits;
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d) The verification of
annual settlement for the health insurance fund and handling of unused funding
(if any) for provinces and centrally affiliated cities shall be carried out
before January 10 of the following year.
3. Within 40 days from
the date of receipt of the adequate applications for payments from
policyholders as prescribed in Clause 2 Article 31 of this Law, the health
insurance institution shall pay medical service costs directly to such
policyholders.
Chapter VII
HEALTH INSURANCE FUND
Article 33. Sources
for establishing the health insurance fund
1. Health insurance
premiums prescribed in this Law.
2. Profits from
investments made by the fund.
3. Aid and sponsorships
from domestic and foreign organizations and individuals.
4. Other legal revenues.
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1.[43] The health
insurance fund shall be managed centrally, consistently, publicly, and
transparently. There must be decentralization of management in the system of
health insurance institutions.
The Management Board of
Vietnam Social Security shall manage the health insurance fund and provide
consultancy on social insurance policies according to the Law on Social
Insurance.
2. The Government of
Vietnam shall stipulate the management of the health insurance fund and decide
on financial sources to ensure health insurance-covered medical examination and
treatment in case the health insurance fund faces a revenue-expenditure
imbalance.
3.[44] Annually,
the Government of Vietnam shall submit a report on the health insurance fund
management and use to the National Assembly of Vietnam.
Article 35. Allocation
and use of health insurance fund[45]
1. The health insurance
fund shall be allocated and used as follows:
a) 90% of the health
insurance premiums shall be used for medical examination and treatment;
b) 10% of the health
insurance premiums shall be contributed to the reserve fund and administrative
expenses of the health insurance fund, with at least 5% of which is contributed
to the reserve fund.
2. The temporary spare
amount of the health insurance fund shall be used for investment according to
the forms prescribed in the Law on Social Insurance. The Management Board of
Vietnam Social Security shall decide on and take responsibility before the
Government of Vietnam for the investment forms and structure based on the
request of Vietnam Social Security.
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a) From the effective
date of this Law to the end of December 31, 2020, 80% of the remaining funding
shall be transferred to the reserve fund, and 20% of it shall be transferred to
the local authority to be used according to this following order of priority:
The fund for the
provision of medical examination and treatment for the poor shall be supported;
the health insurance premiums of specific policyholders shall be supported in
conformity with the local socio-economic conditions; health officials shall be
equipped with suitable medical equipment; district-level hospitals shall be
equipped with transport vehicles for transporting patients.
Within 1 month from the
settlement verification of Vietnam Social Security, 20% of the remaining
funding shall be transferred to the local authority by Vietnam Social Security.
Within 12 months from the
settlement verification of Vietnam Social Security, the remaining funding shall
be transferred to the reserve fund;
b) From January 1, 2021,
the remaining funding shall be included in the reserve fund for general
management.
4. In case the collected
health insurance premiums for medical examination and treatment of a province
or centrally affiliated city are less than its expenditures on medical
examination and treatment in a year, Vietnam Social Security shall use the
reserve fund to make up such differences after the settlement verification.
5. The Government of
Vietnam shall elaborate Clause 1 of this Article.
Chapter VIII
RIGHTS AND RESPONSIBILITIES OF PARTIES
INVOLVED IN HEALTH INSURANCE
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1. To be issued with
health insurance cards after paying health insurance premiums.
2.[46] To be able
to pay family-based health insurance premiums at any health insurance agent in
Vietnam; to choose any primary health-insurance covered medical establishment
according to Clause 1 Article 26 of this Law.
3. To be entitled to
medical examination and treatment.
4. To have their medical
service costs paid by health insurance institutions under health insurance
regulations.
5. To request health
insurance institutions, health insurance-covered medical establishments, and
relevant agencies to provide explanations and information on health insurance.
6. To complain and
denounce any act of violating the law on health insurance.
Article 37.
Obligations of policyholders
1. To promptly pay health
insurance premiums.
2. To use health
insurance cards properly and avoid lending them to others.
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4. To comply with
regulations and guidelines of health insurance institutions and medical
examination and treatment establishments when seeking medical examination and
treatment.
5. To pay medical service
costs not covered by health insurance to medical examination and treatment
establishments.
Article 38. Rights of
organizations and individuals paying health insurance premiums
1. To request health
insurance institutions and competent state authorities to provide explanations
and information on health insurance.
2. To complain and
denounce any act of violating the law on health insurance.
Article 39.
Responsibilities of organizations and individuals paying health insurance
premiums
1. To formulate
applications for health insurance card issuance.
2. To promptly pay health
insurance premiums.
3. To hand over health
insurance cards to policyholders.
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5. To comply with the
inspection and examination of the implementation of the law on health
insurance.
Article 40. Rights of
health insurance institutions
1. To request employers,
representatives of policyholders, and policyholders to sufficiently and
accurately provide information and documents concerning their health insurance
responsibilities.
2. To inspect and assess
the implementation of health insurance-covered medical examination and
treatment; to revoke and suspend health insurance cards in cases prescribed in
Article 20 of this Law.
3. To request health
insurance-covered medical establishments to provide medical records and
documents concerning medical examination and treatment for health insurance
assessment.
4. To refuse to pay
health insurance-covered medical service costs contrary to this Law or contents
of health insurance-covered medical examination and treatment contracts.
5. To request persons
responsible for paying compensations for damage to policyholders to refund the
medical service costs paid by health insurance institutions.
6. To suggest competent
state authorities to amend health insurance policies and laws and handle any
organization or individual violating the law on health insurance.
Article 41.
Responsibilities of health insurance institutions
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2.[47] Enable
policyholders prescribed in Clause 5 Article 12 of this Law to pay family-based
health insurance premiums at any health insurance agent. To provide guidelines
on applications, procedures, and locations of registrations for health
insurance and provide health insurance benefits for policyholders while
ensuring swiftness, simplicity, and convenience. To review, summarize, and
conform the list of policyholders to avoid providing multiple health insurance
cards for any policyholder prescribed in Article 12 of this Law, except for
those under the management of the Ministry of National Defense of Vietnam and
the Ministry of Public Security of Vietnam.
3. To collect health
insurance premiums and issue health insurance cards.
4. To manage and use the
health insurance fund.
5. To conclude health
insurance-covered medical examination and treatment contracts with medical
examination and treatment establishments.
6. To pay health
insurance-covered medical service costs.
7. To provide information
on health insurance-covered medical establishments and instruct policyholders
to select primary medical examination and treatment establishments.
8. To inspect the quality
of medical examination and treatment; to conduct health insurance assessment.
9. To protect the rights
of policyholders; to settle any suggestion, complaint, or denunciation
concerning health insurance within their jurisdiction.
10.[48] To
retain documents and data as prescribed by the law; to determine health
insurance registration time to ensure the rights of policyholders; to apply
information technology to health insurance management; to develop national
databases on health insurance.
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12. To organize training,
advanced training, scientific research, and international cooperation in health
insurance.
Article 42. Rights of
health insurance-covered medical establishments
1. To request health
insurance institutions to sufficiently and accurately provide information on
policyholders and medical service costs for policyholders at medical examination
and treatment establishments.
2. To be entitled to
advanced funding and payment of medical service costs made by health insurance
institutions according to concluded medical examination and treatment
contracts.
3. To suggest competent
state authorities to handle any organization or individual violating the law on
health insurance.
Article 43.
Responsibilities of health insurance-covered medical establishments
1. To provide
policyholders with quality medical examination and treatment with simple and convenient
procedures.
2.[49] To provide
medical records and documents on medical examination and treatment and pay
medical service costs of policyholders as requested by health insurance
institutions and competent state authorities; to provide medical records and
documents on medical examination and treatment of policyholders regarding
applications for direct payment within 5 working days after being requested by
health insurance institutions.
3. To ensure necessary
conditions for health insurance institutions to conduct assessment; to
cooperate with health insurance institutions in disseminating and explaining
health insurance regulations to policyholders.
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5. To manage and use
funding from the health insurance fund according to the law.
6. To implement
statistics and reports on health insurance according to the law.
7.[50] To provide
declarations of health insurance-covered medical costs and take legal liability
for the legality and accuracy of such declarations.
8.[51] To provide
policyholders with declarations of medical service costs upon request.
Article 44. Rights of
representative organizations of employees and employers
1. To request health
insurance institutions, medical examination and treatment establishments, and
employers to sufficiently and accurately provide information on employees'
health insurance.
2. To request competent
state authorities to handle acts of violating the law on health insurance that
affect legitimate rights and benefits of employees and employers.
Article 45.
Responsibilities of representative organizations of employees and employers
1. To disseminate and
universalize health insurance policies and laws to employees and employers.
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3.[52] To
participate in the supervision of the implementation of the law on health
insurance, urge employers to pay health insurance premiums for employees, and
participate in the settlement of cases of avoiding paying or failing to pay
health insurance premiums.
Chapter IX
INSPECTION, COMPLAINT, DENUNCIATION,
DISPUTE SETTLEMENT, AND HANDLING OF VIOLATIONS AGAINST HEALTH INSURANCE
REGULATIONS
Article 46. Health
insurance inspection
Health inspectors shall
carry out specialized inspections concerning health insurance.
Article 47. Health
insurance denunciations and complaints
Complaints and settlement
of complaints about administrative decisions or administrative actions
concerning health insurance and denunciations and settlement of denunciations
of violations of the law on health insurance shall be carried out in compliance
with the law on complaints and denunciations.
Article 48. Health
insurance disputes
1. Health insurance
disputes are disputes over health insurance rights, obligations, and
responsibilities among the following entities:
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b) Organizations and
individuals paying health insurance premiums according to Clause 1 Article 13
of this Law;
c) Health insurance
institutions;
d) Health
insurance-covered medical establishments.
2. Health insurance
disputes shall be settled as follows:
a) Disputing parties
shall reconcile with each other;
b) If the reconciliation
fails, disputing parties may initiate a lawsuit at a court according to the
law.
Article 49. Handling
of violations[53]
1. Any person who
violates this Law or any law concerning health insurance shall, according to
the severity and nature of the violation, be disciplined or fined for
administrative violations or liable to criminal prosecution. In case of any
damage, compensation shall be offered under the law.
2. Any agency or
organization that violates this Law and any law concerning health insurance
shall be fined for administrative violations. In case of any damage,
compensation shall be offered under the law.
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a) Pay the unpaid
premiums and the late payment interest equal to two times the inter-bank
interest rate based on the late payment amount and time. In case of failure to
carry out the mentioned action, at the request of competent persons, banks, or
other credit institutions, the Vietnam State Treasury shall deduct money from
the deposit accounts of agencies, organizations, or employers responsible for
paying health insurance premiums to pay the unpaid premiums and late payment interests
to the account of the health insurance fund;
b) Refund all employees'
costs within their scope of health insurance benefits during the time they are
not provided with health insurance cards.
Chapter X
IMPLEMENTATION PROVISIONS[54]
Article 50. Transitional
provision
1. Health insurance cards
and free medical examination and treatment cards for children under 6 years old
issued before the effective date of this Law shall be valid:
a) Until their expiry
dates for cards valid until December 31, 2009;
b) Until December 31,
2009 for cards valid after December 31, 2009.
2. The beneficial scope
of persons with health insurance cards issued before the effective date of this
Law shall comply with the current law on health insurance until December 31,
2009.
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Article 51. Entry into
force
1. This Law comes into
force as of July 1, 2009.
2. The roadmap for
achieving all-people health insurance is stipulated as follows:
a) Policyholders
prescribed in Clause 1 through Clause 20 Article 20 of this Law shall
participate in health insurance from the effective date of this Law;
b) Policyholders
prescribed in Clause 21 Article 12 of this Law shall participate in health
insurance from January 1, 2010;
c) Policyholders prescribed
in Clause 22 Article 12 of this Law shall participate in health insurance from
January 1, 2012;
d) Policyholders
prescribed in Clauses 23 and 24 Article 12 of this Law shall participate in
health insurance from January 1, 2014;
dd) Policyholders prescribed
in Clause 25 Article 12 of this Law shall participate in health insurance under
the regulations of the Government of Vietnam by January 1, 2014.
Article 52.
Elaboration and implementation guidelines
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VERIFICATION OF INTEGRATED DOCUMENT
HEAD
Bui Van Cuong
[1] Law No. 32/2013/QH13 on amendments to the Law on Corporate
Income Tax has the following promulgation grounds:
“Pursuant to the
Constitution of the Republic Socialist of Vietnam 1992 amended by Resolution
No. 51/2001/QH10;
The National Assembly
of Vietnam hereby promulgates a Law on amendments to the Law on Corporate
Income Tax No. 14/2008/QH12.”.
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“Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam hereby promulgates a Law on amendments to the Law on Health
Insurance No. 25/2008/QH12.”.
The Law on Fees and
Charges No. 97/2015/QH13 has the following promulgation grounds:
“Pursuant to the Constitution
of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam hereby promulgates the Law on Fees and Charges.”.
Law No. 35/2018/QH14 on
amendments to some Articles concerning planning of 37 Laws has the following
promulgation grounds:
“Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam hereby promulgates the Law on amendments to some Articles concerning
planning of the Law on Road Traffic No. 23/2008/QH12, Vietnam Maritime Code No.
95/2015/QH13, Law on Railway Transport No. 06/2017/QH14, Law on Inland Waterway
Transport No. 23/2004/QH11 whose Articles are amended by the Law No.
48/2014/QH13 and Law No. 97/2015/QH13, Law on Water Resources No. 17/2012/QH13
whose Articles are amended by the Law No. 08/2017/QH14, Law on Land No.
45/2013/QH13, Law on Environmental Protection No. 55/2014/QH13, Law on Minerals
No. 60/2010/QH12, Law on Hydrometeorology No. 90/2015/QH13, Law on Biodiversity
No. 20/2008/QH12, Law on Natural Resources and Environment Of Sea and Islands
No. 82/2015/QH13, Law on Measurement No. 04/2011/QH13, Law on Technical
Standards and Regulations No. 68/2006/QH11, Law on Quality of Products and
Goods No. 05/2007/QH12, Law on Cyberinformation Security No. 86/2015/QH13, Law
on Publishing No. 19/2012/QH13, Press Law No. 103/2016/QH13, Law on National
Defense and Security Education No. 30/2013/QH13, Law on Management and
Utilization of State Capital Invested in the Enterprises’ Manufacturing and
Business Operations No. 69/2014/QH13, Law on Thrift Practice and Waste Combat
No. 44/2013/QH13 whose Articles are amended by the Law No. 21/2017/QH14, Law on
Securities No. 70/2006/QH11 whose Articles are amended by the Law No.
62/2010/QH12, Law on Cinematography No. 62/2006/QH11 whose Articles are amended
by the Law No. 31/2009/QH12, Law on Advertising No. 16/2012/QH13, Law on
Construction No. 50/2014/QH13 whose Articles are amended by the Law No.
03/2016/QH14, Law on Urban Planning No. 30/2009/QH12 whose Articles are amended
by the Law No. 77/2015/QH13, Law on Petroleum 1993 whose Articles are amended
by the Law No. 19/2000/QH10 and the Law No. 10/2008/QH12, Labor Code No.
10/2012/QH13 whose Articles are amended by the Law No. 92/2015/QH13, Law on
Social Insurance No. 58/2014/QH13, Law on Health Insurance No. 25/2008/QH12
whose Articles are amended by the Law No. 32/2013/QH13, Law No. 46/2014/QH13
and Law No. 97/2015/QH13, Law on Prevention and Control of Infectious Diseases
No. 03/2007/QH12, Law on Judicial Expertise No. 13/2012/QH13 and Law on Protection
of Consumers’ Rights No. 59/2010/QH12.”.
The Law on Residence No.
68/2020/QH14 has the following promulgation grounds:
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The National Assembly
of Vietnam hereby promulgates the Law on Residence.”.
The Law on Grassroots
Security and Order Protection Forces No. 30/2023/QH15 has the following
promulgation grounds:
“Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam hereby promulgates the Law on Grassroots Security and Order
Protection Forces.”.
[2] This Clause is amended by Clause 1 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[3] This Clause is supplemented for the first time by Clause 1
Article 1 of Law No. 46/2014/QH13, effective as of January 1, 2015.
This Clause is amended
for the second time by Clause 2 Article 37 of the Law on Residence No.
68/2020/QH14, effective as of July 1, 2021.
[4] This Clause is supplemented by Clause 1 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[5] This Clause is amended by Clause 2 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
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[7] The corporate income tax content in this Clause is
annulled by Point b Clause 4 Article 2 of Law No. 32/2013/QH13, effective as of
January 1, 2014.
[8] The word “quy hoạch” (planning) is removed by Point dd
Clause 1 Article 30 of Law No. 35/2018/QH14, effective as of January 1, 2019.
[9] This Clause is amended by Clause 3 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[10] This Clause is supplemented by Clause 3 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[11] This Clause is supplemented by Clause 4 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[12] This Clause is supplemented by Clause 4 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[13] This Clause is supplemented by Clause 4 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[14] This Clause is amended by Clause 5 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[15] This Clause is supplemented by Clause 5 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
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[17] This Point is supplemented by Clause 2 Article 32 of the
Law on Grassroots Security and Order Protection Forces No. 30/2023/QH15,
effective as of July 1, 2024.
[18] This Article is amended by Clause 7 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[19] This Clause is amended by Clause 8 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[20] This Clause is amended by Clause 8 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[21] This Article is amended by Clause 9 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[22] This Clause is amended by Clause 10 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[23] This Clause is amended by Clause 10 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[24] This Article is amended by Clause 11 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[25] This Clause is amended by Clause 12 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
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This Clause is annulled
by Point d Clause 2 Article 23 of the Law on Fees and Charges No. 97/2015/QH13,
effective as of January 1, 2017.
[27] This Point is supplemented by Clause 13 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[28] This Point is annulled by Clause 14 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[29] This Point is amended by Clause 14 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[30] This Clause is amended by Clause 14 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[31] This Article is amended by Clause 15 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[32] This Clause is amended by Clause 16 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[33] This Clause is amended by Clause 16 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[34] This Clause is annulled by Clause 16 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
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[36] This Article is amended by Clause 17 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[37] This Point is amended by Clause 18 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[38] This Clause is amended by Clause 18 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[39] This Point is amended by Clause 19 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[40] This Clause is amended by Clause 20 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[41] This Clause is supplemented by Clause 20 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[42] This Article is amended by Clause 21 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[43] This Clause is amended by Clause 22 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[44] This Clause is supplemented by Clause 22 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
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[46] This Clause is amended by Clause 24 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[47] This Clause is amended by Clause 25 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[48] This Clause is amended by Clause 25 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[49] This Clause is amended by Clause 26 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[50] This Clause is supplemented by Clause 26 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[51] This Clause is supplemented by Clause 26 Article 1 of Law
No. 46/2014/QH13, effective as of January 1, 2015.
[52] This Clause is amended by Clause 27 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
[53] This Article is amended by Clause 28 Article 1 of Law No.
46/2014/QH13, effective as of January 1, 2015.
54[54]
Article 2 of Law No. 32/2013/QH13 on
amendments to the Law on Corporate Income Tax, effective as of January 1, 2014,
stipulates as follows:
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1. This Law comes into
force as of January 1, 2024, except for Clause 2 of this Article.
2. Clauses 6 and 7 Article 1 of this Law take effect on
July 1, 2013.
3. The enterprises
having investment projects that are still eligible for corporate income tax
incentives after the end of the tax period 2013 (tax rate, tax exemption or
reduction duration) according to the legislative documents on corporate income
tax before this Law takes effect are still eligible for such incentives for the
remaining time according to such documents. Where the conditions for tax
incentives in this Law are satisfied, enterprises may choose between the
incentives they are having or the incentives in this Law for the remaining
time, applicable to new investments or expansion investments.
By the end of the tax
period 2015, enterprises having investment projects that are eligible for the
preferential tax rate of 20% prescribed in Clause 3 Article 13 of the Law on
Corporate Income Tax No. 14/2008/QH12, amended by Clause 4 Article 1 of this
Law are eligible for the tax rate of 17% for the remaining time from January 1,
2016.
4. The following
regulations on corporate income tax shall be annulled:
a) Clause 2 Article 7
of the Law on Deposit Insurance No. 06/2012/QH13;
b) Clause 2 Article 4
of the Law on Health Insurance No. 25/2008/QH12;
c) Clause 1 Article
10; Clause 1 Article 12; Clause 2 Article 18; Clause 2 Article 19; Clauses 1
and 2 Article 22; Clause 3 Article 24 and Clause 2 Article 28 of the Law on
High Technologies No. 21/2008/QH12;
d) Clauses 1, 4, 5, 6,
7, and 8 Article 44 and Article 45 of the Law on Technology Transfer No.
80/2006/QH11;
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e) Clause 1 Article 68
of the Law on Vietnamese Guest Workers No. 72/2006/QH11;
g) Clause 2 Article 6
of the Law on Social Insurance No. 71/2006/QH11;
h) Clause 3 Article 8
of the Law on Legal Aid No. 69/2006/QH11;
i) Clause 3 Article 66
of the Law on Higher Education No. 08/2012/QH13;
k) Article 34 of the
Law on Persons with Disabilities No. 51/2010/QH12;
l) Clause 4 Article 33
of the Law on Investment No. 59/2005/QH11;
m) Clause 2 Article
58, Clause 2 Article 73, Clause 3 Article 117, and Clause 3 Article 125 of the
Law on Enterprises No. 60/2005/QH11.
5. The Government of
Vietnam shall elaborate and provide guidelines on the implementation of this
Law.”.
Article 2 of Law No.
46/2014/QH13, effective as of January 1, 2015, stipulates as follows:
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1. This Law comes into
force as of January 1, 2015.
2. The Government of
Vietnam shall elaborate this Law.”.
Articles 23, 24, and 25
of the Law on Fees and Charges No. 97/2015/QH13, effective as of January 1,
2017, stipulate as follows:
“Article 23. Entry
into force
1. This Law comes into force as of January 1, 2017.
2. The following regulations shall be amended or annulled:
a) Clause 3 Article 75
of the Law on Inland Waterway Navigation No. 23/2004/QH11, amended by Law No.
48/2014/QH13, is annulled;
b) Point a Clause 2
Article 74 of the Law on Railway No. 35/2005/QH11 is annulled;
c) Phrases
"Admission fee" in Articles 101 and 105 of the Law on Education No.
38/2005/QH11, amended by Law No. 44/2009/QH12, Articles 64, 65 of the Law on
Higher Education No. 08/2012/QH1, and Articles 28 and 29 of the Law on
Vocational Education No. 74/2014/QH13 are annulled.
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dd) Article 25 and
Clause 3 Article 15 of the Law on Independent Audit No. 67/2011/QH12 is
annulled;
e) Chapter IV – A on
license tax as prescribed in the Standing committee of the National Assembly’s
Resolution No. 200/NQ-TVQH dated January 18, 1966, amended by Ordinance No.
10-LCT/HDNN7 dated February 26, 1983, and Ordinance dated November 17, 1987,
Ordinance dated March 3, 1989 is annulled.
3. Ordinance No. 38/2001/PL-UBTVQH10 and Ordinance No.
10/2009/PL-UBTVQH12 shall be annulled from the effective date of this Law.
Article 24.
Transitional provisions
Fees in the list of
fees and charges enclosed with Ordinance No. 38/2001/PL-UBTVQH10 subject to the
implementation of regulations on prices defined by the State according to the
list in Appendix 2 enclosed herewith shall be implemented in compliance with
the Law on Prices from the effective date of this Law.
The Government of
Vietnam shall specify authorities competent to stipulate prices and pricing
methods.
Article 25.
Detailed provisions
The Government of
Vietnam shall elaborate this Law.”.
Article 31 of Law No.
35/2018/QH14, effective as of January 1, 2019 stipulates as follows:
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This Law comes into
force as of January 1, 2019.”.
Article 38 of the Law on
Residence No. 68/2020/QH14, effective as of July 1, 2021, stipulates as
follows:
“Article 38.
Implementation provisions
1. This Law comes into
force as of July 1, 2021.
2. The Law on
Residence No. 81/2006/QH11, amended by Law No. 36/2013/QH13, shall be annulled
from the effective date of this Law.
3. From the effective
date of this Law, issued household registration books and temporary residence
registers may continue to be used and are equivalent to written confirmations
of residence according to this Law until the end of December 31, 2022.
In case information in
a household registration book or temporary residence register differs from
information in the residence database, the latter shall be used.
When a citizen carries
out a residence registration procedure that changes information in their
household registration book or temporary residence register, the registration
authority shall revoke the issued household registration book or temporary
residence register, update information in the residence database in compliance
with regulations of this Law and not issue a new household registration book or
temporary residence register or reissue the old household registration book or
temporary residence register to the citizen.
4. The Government of Vietnam, ministries, ministerial
agencies, and other relevant authorities shall review legislative documents
promulgated or to be promulgated by them and related to household
registration books and/or temporary residence registers or concerning
the presentation of written confirmations of residence to amend these documents
in consistency with regulations of this Law, and avoid naming information on
places of residence as a requirement for administrative procedures.”.
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“Article 33. Entry
into force
1. This Law comes into
force as of July 1, 2024.
2. Ordinance No.
06/2008/PL-UBTVQH12 shall be annulled as of the effective date of this Law.”.