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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 46/2014/QH13
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Hanoi, June 13, 2014
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LAW
AMENDMENTS TO THE LAW
ON HEALTH INSURANCE
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam
The National Assembly promulgates the Law on amendments to some
articles of the Law on Health insurance No. 25/2008/QH12.
Article 1.
Amendments to some articles of the Law on Insurance:
1. Clause 1, Clause 7 and Clause 8 of Article 2 are
amended as follows:
“1. Health insurance is a form of compulsory insurance which is
implemented by the State to look after the health of the insured according to
this Law for non-profit purposes.”
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“8. Basic medical services package covered by the health insurance
fund” .
2. Clause 2 and Clause 3 of Article 3 are amended as
follows:
“2. Health insurance rates shall be determined according to the percentage
of the wages as the basis for paying for the compulsory health insurance in
accordance with the Law on Health insurance (hereinafter referred to as monthly
salaries), retirement pensions, allowances or base salaries.”
“3. Benefit levels depend on the seriousness of sickness, groups of the
insured within the scope of the benefits and the period of time that the
insured pay health insurance.”
3. Clause 3 and Clause 10 of Article 6 are amended as
follows:
“3. Promulgating the regulations on technical professions, medical
examination and treatment procedures and guidance on medical treatment;
transfer between inferior and superior hospitals related to medical examination
and treatment covered by health insurance;”
“10. Promulgating the basic medical services package covered by the health
insurance fund.”
4. Clauses 7a, 7b and 7c are supplemented to the Article
7 as follow:
Article 7a. Responsibilities of the Ministry of Labor, War Invalids and
Social Affairs
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2. To inspect the implementation of regulations of the law on the
responsibilities of the employers and employees to apply for health insurance
that are prescribes in Clause 1 Article 12 of this Law and the insured under
the management of the Ministry of Labor, War Invalids and Social Affairs that
are prescribed in the points d, e, g, h, i and k in the clause 3 and clause 4
Article 12 of this Law.
Article 7b. Responsibilities of the Ministry of Education and Training
1. To provide instructions on the determination and administration of the
insured under the management of the Ministry of Education and Training that are
prescribed in the point n in the clause 3 and point b clause 4 Article 12 of
this Law.
2. To inspect the implementation of regulations of the law on the
responsibilities of the insured under the management of the Ministry of
Education and Training that are prescribed in the point n in the clause 3 and
point b in the clause 4 Article 12 of this Law.
3. To take charge and cooperate with the Ministry of Health, relevant
Ministries and regulatory authorities in providing instructions on the
establishment and completion of the school medical system to provide the
primary healthcare for children and students.
Article 7c. Responsibilities of the Ministry of National Defense and
the Ministry of Public Security
1. To administer and provide instructions on the determination,
administration and compilation of the health insurance list of the insured
under the management of the Ministry of National Defense and the Ministry of
Public Security that are prescribed in the point a in the clause 1, point a and
point Decree in the Clause 3 and point b in the clause 4 Article 12 of this
Law.
2. To make a list of the insured that request for the issuance of the
health insurance cards prescribed in the point 1 Clause 3 Article 12 of this
Law and send that list to the health insurance organizations.
3. To inspect the implementation of regulations of the law on the responsibilities
of the insured under the management of the Ministry of Education and Training
to purchase health insurance that are prescribed in the point a Clause 1,point
a and point n in the clause 3, and point b in the clause 4 Article 12 of this
Law.
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5. Clause 2 and Clause 3 of Article 8 are amended as
follows:
“2. The People’s Committees of central-affiliated cities and provinces
(hereinafter referred to as provinces) shall provide instructions on mechanism
and manpower to perform role of the State in management of the local health
insurance, administer and use the budget as prescribed in the Clause 3 Article
35 of this Law, in addition to the fulfillment of the responsibilities
prescribed in the Clause 1 of this Article.
3. The People’s Committees of communes, wards and towns (hereinafter
referred to as the People’s Committees of communes) shall make a list of the
local household insured persons that are prescribed in the Clauses 2, 3, 4 and
5 in the Article 12 of this Law except for the insured prescribed in point a, i
and n Clause 3 and point b Clause 4 Article 12 of this Law in addition to the
performance of their duties prescribed in Clause 1 this Article; the People’s
Committee of communes shall make a list of children and request for the
issuance of health insurance cards as well as birth certificates to such
children.
6. Article 12 is amended as follows:
“Article 12. Persons eligible for health insurance
1. The group whose insurance are paid by the employers and employees,
including:
a) Employees on indefinite or at least full three-month contracts;
salaried business managers; officials and civil servants (hereinafter referred
to as employees).
b) Part-time officers in communes, wards and towns under the regulations
of the law.
2. The group of the insured whose insurance is paid by the social
insurance organizations, including:
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b) Persons receiving monthly social insurance pensions due to occupational
accidents or diseases or diseases needing long-term treatment; beneficiaries at
the age of 80 or above;
c) Officers in communes, wards and towns who have left employment and been
receiving monthly social insurance benefits.
d) Persons receiving unemployment benefits.
3. The group of the insured whose insurance is paid by the State budget,
including:
a) Commissioned officers, professional soldiers, non-commissioned soldiers
on active duty; commissioned police officers and non-commissioned police
officers; police students, non-commissioned police officers or soldiers on
fixed term contracts; ciphers whose salaries are the same as the salaries as
the servicemen; cipher students whose benefits are the same as the benefits of
students in military or police academies.
c) Officers in communes, wards and towns who have left employment and been
receiving monthly pensions funded by the State budget.
c) Persons no longer receiving compensation for loss of capacity for work
and being receiving monthly pensions funded by the State budget;
d) Persons performing meritorious services in the wars, war veterans;
dd) Incumbent deputies of the National Assembly or the People’s Councils
at all levels;
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g) Persons receiving monthly social protection pensions;
h) Poor household members, ethnics living in regions facing socio-economic
difficulties, persons living in regions facing extreme socio-economic
difficulties; persons living in island communes or districts.
i) Relatives of persons performing meritorious services in the wars such
as biology parents, husbands, wives or children of revolutionary martyrs;
persons rearing revolutionary martyrs;
k) Relatives of persons performing meritorious services in the wars,
except for the insured prescribed at point i this Clause;
k) Relatives of the insured prescribed in point a clause 3 this Article;
m) Persons who have donated body parts under the regulations of the law;
n) Foreigners studying in Vietnam that are granted scholarships funded by
the Vietnam State budget.
4. The group of the insured whose insurance are supported by the State
budget, including:
a) Members of households living above the poverty line;
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5. Group of the household insured including household members except for
the ones prescribed in Clauses 1, 2, 3 and 4 this Article.
6. The government shall prescribed the insured different from the ones
prescribed in Clauses 3, 4 and 5 this Article; regulate the issuance of the
health insurance cards to the insured under the management of the Ministry of
National Defense and the Ministry of Public Security and the insured prescribed
in point 1 Clause 3 this Article; regulate the medical insurance procedures,
scope of benefits, benefit levels , medical examination and treatment covered
by health insurance, management and use of the budget used for medical
examination and treatment covered by health insurance, health insurance
inspection, payment for health insurance of the insured prescribed in point a
Clause 3 this Article.
7. Article 13 is amended as follows:
“Article 13. Health insurance rates and responsibilities to pay health
insurance premiums
1. Health insurance rates and responsibilities to pay health insurance are
prescribed as follows:
a) The monthly premiums of the insured prescribed in point a Clause 1
Article 12 of this Law must not exceed 6% of the monthly salaries, two thirds
of which is paid by the employers and the remaining one third is paid by the
employees. During the time the employees are entitled to maternity leave due to
maternity benefits under the regulations of law on health insurance, the
maximum premiums equal to 6% of their monthly salaries before the maternity
leave shall be paid by the health insurance organizations.
b) The monthly premiums of the insured prescribed in point b Clause 1
Article 12 of this Law must not exceed 6% of the base salaries, two thirds of
which is paid by the employers and the remaining one third is paid by the
employees;
c) The monthly premiums of the insured prescribed in point a Clause 2
Article 12 of this Law must not exceed 6% of the retirement pensions,
compensation for loss of capacity for work and such premiums shall be paid by
the health insurance organizations;
d) The monthly premiums of the insured 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 organizations;
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e) The monthly premiums of the insured prescribed in point a Clause 3
Article 12 of this Law must not exceed 6% of the monthly salaries with regard
to the salaried persons and of the base salaries with regard to persons
receiving welfare and such premiums shall be paid by the State budget;
g) The monthly premiums of the insured 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 the insured 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 the insured prescribed in Clause 4 Article 12
of this Law must not exceed 6% of the base salaries and such premiums shall be
paid by the insured, part of them shall be paid by the State budget;
k) The monthly premiums of the insured prescribed in Clause 5 Article 12
of this Law must not exceed 6% of the base salaries and such premiums shall be
paid by households;
2. In case an individual concurrently prescribed as more than one
policy-holder in Article 12 of this Law, his or her premium shall be paid due
to the first prescribed policy-holder according to the order of the
policy-holders prescribed in Article 12 of this Law.
In case an insured person prescribed in point a Clause 1 Article 12 of
this Law concludes one or more than one indefinite or at least full 3 month
labor contract, his or her premium shall be paid according to the labor
contract of which the salary is the highest.
In case an individual prescribed in point b clause 1 Article 12 of this
Law is concurrently prescribed as different policy holder in Article 12 of this
Law, his or her premium shall be paid by the social insurance organization, the
State budget and the People’s Committees of the commune respectively.
3. All of the members of the households as prescribed in Clause 4 Article
12 of this Law must purchase health insurance. The premiums shall decrease from
the second member of a household, in particular:
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b) The premiums of the second, third, forth ones shall be equal to 70%,
60%, 50% of the premiums of the first ones respectively;
c) The premiums of fifth ones and the followings shall be equal to 40% of
the premiums of the first ones;
4. The government regulates the specific insurance rates and financial
support rates prescribed in this Article”.
8. Clause 4 and Clause 5 in Article 14 are amended as
follows:
“4. With regard to other insured, their premiums shall be paid according
to their base salaries.
5. The premiums shall be paid according to the monthly salaries that must
not exceed 20 times base salaries.”
9. Article 15 is amended as follows:
“ Article 15. Payment methods for health insurance
1. The employers shall pay monthly health insurance premiums for the
employees and transfer the health insurance premiums deducted from the
employees’ salaries to the health insurance fund concurrently.
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3. The health insurance organizations shall pay monthly health insurance
premiums in accordance with points c, d and dd Clause 1 Article 13 of this Law
to the health insurance fund.
4. The scholarship providers shall pay the quarterly health insurance
premiums in accordance with point h Clause 1 Article 13 of this Law to the
health insurance fund.
5. The State budget shall transfer the quarterly health insurance premiums
and support prescribed in point e and point g Clause 1 Article 13 of this Law
to the health insurance fund.
6. The representatives of the households, organizations and individuals
shall periodically send the quarterly, biannual or annual payments subject to
their responsibilities to the health insurance fund.
10. Clause 3 and Clause 5 in Article 16 are amended as
follows:
“3. The effective dates of the health insurance cards are prescribed as
follows:
a) The health insurance cards of the insured prescribed in Clauses 1, 2
and 3 Article 12 of this Law who purchase health insurance for the first time
shall be effective from the payment for health insurance;
b) The second health insurance cards and the following ones of the insured
who continuously purchase health insurance shall be effective from the expiry
of the previous ones.
c) The insurance cards of the insured, prescribed in Clause 4 and Clause 5
Article 12 of this Law who purchase health insurance from the effective date of
this Law or discontinuously purchase the health insurance for at least 3 months
in the financial year, shall be effective after 30 days from the payment for
the health insurance.
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“5. The health insurance organizations shall provide the sample health
insurance cards after the Ministry of Health reach a consensus.
11. Article 17 is amended as follows:
“ Article 17. Issuance of health insurance cards
1. An application for the issuance of health insurance cards includes:
a) A written request for the provision of health insurance of the
applicant with regard to the first-time applicant.
b) A list of the insured prescribed in Clause 1 Article 12 of this Law
which is compiled by the employer.
A list of the household insured prescribed in clauses 2, 3, 4 and 5
Article 12 which is compiled by the People’s Committee of such commune except
for the insured prescribed in point a, 1 and Decree Clause 3 and point b Clause
4 Article 12 of this Law.
A list of the insured under the management of The Ministry of Education
and Training and the Ministry of Labor, War Invalids and Social Affairs which
are prescribed in point n Clause 3 and point b Clause 4 of this Law, which is
compiled by the education and vocational training centres.
A list of the insured under the management of the Ministry of National
Defense and the Ministry of Public Security which are prescribed in point a
Clause 1, point a and point n Clause 3, point b Clause 4 Article 12 of this
Law, which is compiled by the Ministry of National Defense and the Ministry of
Public Security.
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3. The health insurance organizations shall provide the sample health
insurance cards which is prescribed in Clause 1 this Article after the Ministry
of Health reach a consensus.
12. Clause 3 and Clause 4 in Article 18 are amended as
follows:
The insured shall be re-issued with the health insurance cards by the
health insurance organizations within 7 working days from the receipt of the
written requests for the re-issuance of such cards. During the processing time
for the issuance of the health insurance cards, the insured are eligible to
receive the health insurance benefits.
4. The fees for the re-issuance of the health insurance cards shall be
paid by the insured. The fees for the issuance of the health insurance cards
are prescribed by the Minister of Finance. In case of any error occurring due
to the health insurance organizations or the agencies making the lists, the
insured are not required to pay the fees for the re-issuance of the health
insurance cards.
13. Point c Clause 1 in Article 20 is amended as
follows:
“c) An individual is concurrently issued with more than one health
insurance cards.
14. Point b Clause 1 in Article 21 is annulled; point c
Clause 1 and Clause 2 in Article 21 are amended as follows:
“b) Costs of the transfer of the patients from district hospitals to
superior hospitals with regard to the insured prescribed in points a, d, e, g,
h and i Clause 3 Article 12 of this Law in case of medical emergency or
inpatients needing such transfer.
2. The Minister of Health shall take charge and cooperate with the
relevant Ministries and regulatory authorities in providing the list,
proportion and payment conditions for the medicines, chemicals, medical
equipments and services within the scope of benefits of the insured.
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“ Article 22. Benefit levels of health insurance
1. The benefit levels of the insured receiving medical examination and
treatment in accordance with the regulations in Articles 26, 27 and 28 of this
Law whose medical examination and treatment expenditures are covered by the
health insurance fund shall be:
a) Total medical examination and treatment expenditures with regard to the
insured prescribed in points a, d, e, g, h and i Clause 3 Article 12 of this
Law. The costs of the non-covered medical services of the insured prescribed in
point a Clause 3 Article 12 of this Law shall be paid by the health insurance
budget used for medical examination and treatment of these insured persons; if
this budget is insufficient, the State budget shall be in charge.
b) Total medical examination and treatment expenditures with regard to any
medical examination and treatment at commune hospitals whose cost is lower than
the cost prescribed by the Government.
c) Total medical examination and treatment expenditures with regard to the
at least 5-year-insured whose medical examination and treatment expenditures
exceed the total amount of the base salaries in 6 months, except for the
insured who go to the hospitals different from the registered hospitals;
d) 95% of the medial examination and treatment expenditures with regard to
the insured prescribed in point a Clause 2, point k Clause 3 and point a Clause
4 Article 12 of this Law;
dd) 80 % of the medial examination and treatment expenditures with regard
to other insured persons;
2. In case an insured person belongs to different groups of the insured,
(s)he shall be provided with the highest health insurance benefits.
3. In case any card holder goes to a hospital different from the
registered hospital except for the insured prescribed in Clause 1 this Article,
his or her costs shall be covered by the health insurance fund according to the
benefit levels prescribed in Clause 1 this Article as follows:
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b) 60% of the inpatient treatment expenditures at the provincial hospitals
from the effective date of this Law to December 31, 2020; total inpatient
treatment costs from January 01, 2021 at all hospitals in Vietnam.
c) 70% of the medical examination and treatment expenditures at the
district hospitals from the effective date of this Law to December 31, 2015;
total medical examination and treatment expenditures from January 01, 2016.
4. The insured applying for medical examination and treatment at commune
medical facilities, clinics or district hospitals can receive medical
examination and treatment at any commune medial facility, clinic or district
hospital in the same province according to the benefit levels prescribed in
Clause 1 this Article from January 01, 2016.
5. The insured who are poor household members or ethnics living in regions
facing socio-economic difficulties, regions facing extreme socio-economic
difficulties; the insured living in island communes or islands districts who go
to the hospitals different from the registered hospital shall be paid for their
medical examination and treatment expenditures at the commune hospitals, their
inpatient treatment costs at the provincial and central hospital by the health
insurance fund according to the benefit levels prescribed in Clause 1 this
Article.
6. The inpatient treatment expenditures of the insured who go to any
provincial hospital in Vietnam different from their registered hospitals shall
be paid by the health insurance fund from January 01, 2021.
7. The Government shall prescribe the specific benefit levels of the
medical examination and treatment at bordering areas; medical services and
other kinds of medical examination and treatment which is not prescribed in
Clause 1 this Article.
16. Clause 10 and Clause 12 in Article 21 is annulled;
Clause 7 and Clause 9 in Article 23 are amended as follows:
“7. Treatment of squint, myopia and eye refraction defect except for the
children under age 6.”
“9. Medical examination, treatment and functional rehabilitation in case
of disasters.”
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”Article 24. Medical facilities covered by health insurance
Medical facilities covered by health insurance (hereinafter referred to as
covered medical facilities) are the medical facilities that have signed medical
examination and treatment contracts with the health insurance organizations.”
18. Clause 2 and Clause 4 of Article 25 are amended as
follows:
a) The insured and requirements for the scope of the service provision;
estimated quantity of cards and the framework of the groups of the insured with
regard to the first registered medical facilities.”
4. The Ministry of Health shall take charge and cooperate with the
Ministry of Finance in providing the form for the contract for medical services
covered by health insurance.”
19. Point a, Clause 1 of Article 30 is amended as
follows:
“a) Rate-based payment is a payment of fixed charges for covered services
of an insurance policy registered at a medical facility over a certain period
of time.
20. Clause 2 and Clause 5 in Article 31 are amended as
follows:
“2. The medical examination and treatment expenditures covered by health
insurance of the health insurance card holders shall be directly paid by the
health insurance organizations when:
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b) The insured getting medical examination and treatment in breach of
Article 28 of this Law;
c) Other special cases shall be prescribed by the Minister of Health.”
“5. The Minister of Health shall take charge and cooperate with the
Minister of Finance in regulating the consistent medical service fees covered
by health insurance at the same-level hospitals in Vietnam.”
21. Article 32 is amended as follows:
” Article 32. Advance and payment of costs of medical examination and
treatment covered by health insurance
1. The covered medical facilities shall receive a quarterly advance from
the health insurance organizations as follows:
a) The medical facilities shall receive an advance payment of 80% of the
expenditures on medical examination and treatment covered by health insurance
according to the financial settlements of the previous quarter of such medical
facilities within 5 working days from the receipt of such financial
settlements.
b) Any medical facility that signs the first contract for medical services
covered by health insurance and has registered the provision of medical
services covered by health insurance shall receive an advance payment of 80% of
its budget according to the announcement issued by the health insurance
organizations at the beginning of the term; if a medical facility does not
register the provision of covered medical services, the health insurance organizations
shall pay an advance of 80% of its quarterly budget according to the
expenditures on medical examination and treatment after one month from the
execution of the contract.
c) If the covered medical facilities in province are advanced the amounts
which outweighs the quarterly budget, the health insurance organizations of
such province shall send a report to the Vietnam social insurance to make up
such difference.
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a) Within the first 15 days of every month, the covered medical facilities
shall send a written request for the payment for the medical examination and
treatment expenditures covered by health insurance in the previous month to the
health insurance organizations; within the first 15 days of every quarter, the
covered medical facilities shall submit the financial statements on the medical
examination and treatment expenditures in the previous quarter to the health
insurance organizations.
b) Within 30 days from the receipt of the previous quarter financial
statements of the covered medical facilities, the health insurance
organizations shall notify the medical facilities of the verification result
and the verified medical examination and treatment expenditures covered by
health insurance including the factual medical examination and treatment
expenditures within their scope of benefits and benefit levels
c) Within 10 days from the notification of the verified medical
examination and treatment expenditures covered by health insurance, the health
insurance organizations must completely pay for the medical facilities;
d) The yearly verification of financial statements of the health insurance
fund and handling of the remaining amounts (if any) of the provinces must be
conducted before January 10 in the following year.
3. Within 40 days from the receipt of the complete request application for
the payment of any insured person who undergoes medial examination and
treatment according to the regulations in Clause 2 Article 31 of this Law, the
health insurance organizations must directly pay this insured person the
medical examination and treatment expenditures.”
22. Clause 1 and Clause 3 in Article 34 are amended as
follows:
“1. The health insurance fund shall be managed centrally, consistently,
publicly and transparently. There must be division of authority among the units
in the health insurance system.
The Vietnam management board of social insurance shall administer the
health insurance fund and provide consultancy on the health insurance policies
under the regulations of the Law on social insurance .
“3. The Government shall send an annual report on the administration and
use of the health insurance fund.
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“ Article 35. Allocation and use of health insurance fund:
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 expense for the health insurance fund, at least
5% of which is contributed to the reserve fund.
2. The temporary spare amount of the health insurance fund is used in
investment according to the prescribed methods in the Law on social insurance.
The Vietnam management board of social insurance shall give decision and take
responsibility for the investment methods and mechanism based on the request of
the Vietnam Social insurance to the Government.
3. In case the receipts of health insurance of any province exceeds the
medical examination and treatment spending of such province in a same year, the
remaining budget after the verification of its financial statements shall be
allocated as follows:
a) From the effective date of this Law to the end of December 31, 2020,
80% of such remaining budget shall be allocated to the reserve fund, 20% of it
shall be allocated to such local authority in order to be used based on this
following order of priority:
The fund for the provision of healthcare services for the poverty shall be
supported; the health insurance rates of some insured groups shall be supported
conformable with the socio-economic conditions of such province; medical
officials shall be equipped with suitable medical equipment; districts
hospitals shall be equipped with means of transportation to transport patients.
Within 1 month, from the verification of the financial statements of the
Vietnam Social insurance, 20% of such remaining budget shall be allocated to
such local authority by the Vietnam Social insurance.
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b) The remaining budget shall be included in the reserve fund from January
01, 2021.
4. In case the receipts of health insurance of any province is less than
the medical examination and treatment expenditures of such province in a same
year, the Vietnam social insurance shall use the reserve fund to make up such
difference after the financial statements are verified.
5. The Government shall specifically regulate Clause 1 this Article."
24. Clause 2 of Article 36 is amended as follows:
“2. To pay the household health insurance at any health insurance agency
in Vietnam; to choose any covered medical provider in accordance with Clause 1
Article 26 of this Law."
25. Clause 2 and Clause 10 in Article 41 are amended as
follows:
“2. To facilitate the household insured prescribed in Clause 5 Article 12
of this Law to pay their health insurance in any health insurance agency. To
give instructions on the health insurance applications, procedures, registries
and to provide the insured with the health insurance benefits quickly, simply
and conveniently. To review and confirm the list of the insured to avoid the
provision of several medical insurance cards for any insured person prescribed
in Article 12 of this Law, except for the insured under the management of the
Ministry of National Defense and the Ministry of Public Security.
“10. To store the health insurance applications and data under the
regulations of the law; to specify the time for the registration of health
insurance to ensure the benefits for the insured; to apply the information
technology in the management of the health insurance and create the national
database of health insurance.”
26. Clauses 2, 7, 8 Article 43 are amended as follows:
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“7. To provide the declaration forms for the medical examination and
treatment expenditures covered by health insurance and take responsibility for
the validity and accuracy of this form.
8. To provide the insured with declaration forms for the medial
examination and treatment costs when required.
27. Clause 3 of Article 45 is amended as follows:
“3. To take part in the supervision of the implementation of the
regulations of the law on health insurance, to expedite the payment for health
insurance of the employees by the employers and take part in the handling of
payers who fail to discharge their duties to pay health insurance.
28. Article 49 is amended as follows:
“Article 49. Handling of violations
1. Any person who violates the regulations of this Law or relevant law
regulations on health insurance shall be disciplined, penalized for
administrative violations or liable to criminal prosecution according to nature
and severity of the violations. In case of any damage, compensation must be
offered under the regulations of the law.
2. Any organization and association that violates the regulations of this
Law or relevant law regulations on health insurance shall be penalized for
administrative violations. In case of any damage, a compensation must be
offered under the regulations of the law.
3. The employers in charge of paying health insurance that fail to
discharge their duties shall be penalized as follows:
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b) The employers must pay all the expenditures for the employees within
their scope of benefits, benefit levels that the employees pay during the time
they are not provided with the health insurance cards.
Article 2.
1. This Law takes effect from January 01, 2015.
2. The Government regulates the specific articles and clauses in this Law.
This Law is adopted by the eighth National Assembly of the Socialist
Republic of Vietnam in the 7th Conference on June 13, 2014.
NATIONAL ASSEMBLY PRESIDENT
Nguyen Sinh Hung