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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 23 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