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THE
OFFICE OF THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
10/VBHN-VPQH
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Hanoi,
December 31, 2015
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LAW
ON HEALTH INSURANCE
The Law on Health Insurance No. 25/2008/QH12
dated November 14, 2008 of the National Assembly, coming into force as of July
01, 2009, is amended and supplemented by:
1. The Law No. 46/2014/QH13 dated
June 13, 2014 of the National Assembly on amendments to a number of articles of
the Law on Health Insurance, taking effect as of January 01, 2015.
2. The Law on Fees and Charges No.
97/2015/QH13 dated November 25, 2015 of the National Assembly, taking effect as
of January 01, 2017.
Pursuant to the Constitution of
the Socialist Republic of Vietnam in 1992 which is amended under the Resolution
No. 51/2001/QH10;
This Law on Health Insurance is
promulgated by the National Assembly 1.
Chapter I
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Article 1.
Scope and regulated entities
1. This Law provides for policies
on health insurance, including eligible participants of health insurance,
health insurance premiums, responsibilities and methods of payment of health
insurance premiums; health insurance cards; health insurance coverage;
provision of medical services for policyholders; reimbursement of costs of
covered medical services; health insurance fund; rights and obligations of the
parties involved in health insurance.
2. This law applies to domestic and
foreign organizations and individuals in Vietnam that are involved in health
insurance.
3. The commercial health insurance
is not governed by this Law.
The Law No. 46/2014/QH13 on
amendments to a number of articles of the Law on Health Insurance is
promulgated under the following grounds:
Article 2.
Interpretation of terms
In this document, these terms are
construed as follows:
1. 2 Health insurance
is a form of compulsory insurance which is organized by the State for
non-profit purposes to look after the health of the entities prescribed in this
Law.
2. Universal coverage of health
insurance refers to the fact that all of the eligible participants of
health insurance prescribed in this Law participate in health insurance.
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4. Employers include
state agencies, public service providers, people’s armed forces, political
organizations, socio-political organizations, socio-political-professional
organizations, social organizations, socio-professional organizations,
enterprises, cooperatives, household businesses and other organizations;
foreign organizations and international organizations that are operating in the
territory of Vietnam and responsible for making payment of health insurance
premiums.
5. Initial provider of covered
medical services refers to the first health facility that is registered by
policyholder and indicated in his/her health insurance card.
6. Health insurance assessment means
professional activities conducted by a health insurer to evaluate the
reasonableness of medical services provided to a policyholder serving as a
basis for the reimbursement of costs of covered medical services.
7. 3 Household participating in health
insurance (hereinafter referred to as the household) means all of the
persons whose names are included in the family register or the temporary
residence book of a household participate in health insurance.
8. 4 Basic medical services package covered
by the health insurance fund includes essential medical services provided
to take care of the health of policyholders in conformity with payment capacity
of the health insurance fund.
Article 3.
Health insurance principles
1. Risks are ensured to be shared
between policyholders.
2. 5 Health insurance premium shall be
expressed as a percentage of the salary which is used as the basis for paying
contributions to compulsory social insurance fund as regulated by the Law on
Social Insurance (hereinafter referred to as monthly salary), pension,
allowance or statutory pay rate.
3. 6 Health insurance coverage rate depends on
the seriousness of sickness and the group of eligible participants to which a
policyholder belongs within the scope of the benefits and the period of paying
health insurance premium.
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5. The health insurance fund shall
be managed in a concentrated, consistent, public and transparent manner for
ensuring the balance between revenues and expenditures, and be protected by the
State.
Article 4.
State policies on health insurance
1. The State shall fully or
partially pay health insurance premiums for people with meritorious services to
the revolution and a number of social beneficiaries.
2. The State adopts incentive
policies for the health insurance fund’s investments in order to preserve and
increase the fund. The health insurance fund’s revenues and profits from
its investments are tax-free.
3. The State creates favorable
conditions for organizations and individuals to participate in health insurance
or pay health insurance premiums for several groups of eligible participants.
4. The investment in technological
development and advanced technical facilities for health insurance management
is also encouraged by the State.
Article 5.
Health insurance authorities
1. The Government performs the
consistent state management of health insurance.
2. Ministry of Health assumes
responsibility before the Government for the state management of health
insurance.
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4. People’s committees of all
levels shall, within the ambit of their assigned tasks and powers, perform the
state management of health insurance in their provinces.
Article 6.
Ministry of Health’s responsibilities for health insurance
Lead and coordinate with relevant
ministries, ministerial-level agencies, authorities and organizations in
discharging the following duties:
1. Formulate policies and laws on
health insurance, and organize medical system, professional medical routes and
financial sources to serve the protection, caring and improvement of people’s
health on the basis of universal coverage of health insurance.
2. Formulate strategies, planning
and master plans for health insurance development.
3. 7 Promulgate regulations on professional
and technical qualifications, medical examination and treatment procedures and
guidance on medical treatment; referral of insured patients between health
facilities.
4. Work out and propose solutions
for ensuring the balance of health insurance fund to the Government.
5. Propagate and disseminate
policies and laws on health insurance.
6. Instruct the implementation of
policies on health insurance.
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8. Monitor, assess and review
health insurance activities.
9. Carry out scientific research
and international cooperation on health insurance.
10. 8 Promulgate the basic medical services
package covered by the health insurance fund.
Article 7.
Ministry of Finance’s responsibilities for health insurance
1. Coordinate with Ministry of
Health and relevant authorities and organizations in formulating policies and
laws on health insurance.
2. Inspect the compliance with
regulations of laws on financial policies for health insurance and health
insurance fund.
Article 7a.
Responsibilities of Ministry of Labour, War Invalids and Social Affairs 9
1. Provide instructions on the determination and administration of eligible
participants under the management of the Ministry of Labour, War Invalids and
Social Affairs as prescribed in the Points d, e, g, h, i and k Clause 3 and
Clause 4 Article 12 of this Law.
2. Inspect the implementation of
regulations of laws on responsibilities for participating in health insurance
of employers and employees as prescribed in Clause 1 Article 12 of this Law and
eligible participants under the management of the Ministry of Labour, War
Invalids and Social Affairs as prescribed in Points d, e, g, h, i and k Clause
3 and Clause 4 Article 12 of this Law.
Article 7b.
Responsibilities of Ministry of Education and Training 10
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2. Inspect the implementation of
regulations of laws on responsibilities for participating in health insurance of
eligible participants under the management of the Ministry of Education and
Training as prescribed in Point n Clause 3 and Point b Clause 4 Article 12 of
this Law.
3. Lead and coordinate with
Ministry of Health, relevant ministries and regulatory bodies in providing
instructions in the establishment and improvement of school medical system to
provide primary medical services to children and students.
Article 7c.
Responsibilities of Ministry of Defence and Ministry of Public Security 11
1. Manage and instruct the
determination, administration and compilation of lists of eligible participants
under the management of Ministry of Defence and Ministry of Public Security as
prescribed in Point a Clause 1, Point a and Point n Clause 3, and Point b
Clause 4 Article 12 of this Law.
2. Make and send lists of eligible
participants applying for health insurance cards as prescribed in Point 1
Clause 3 Article 12 of this Law to health insurers.
3. Inspect the implementation of
regulations of laws on responsibilities for participating in health insurance
of eligible participants under the management of Ministry of Defence and
Ministry of Public Security as prescribed in Point a Clause 1, Point a and
Point n Clause 3, and Point b Clause 4 Article 12 of this Law.
4. Cooperate with the Ministry of
Health, relevant Ministries and regulatory bodies in instructing health
facilities affiliated to Ministry of Defence and Ministry of Public Security to
enter into contract for provision of covered medical services with health
insurers to provide covered medical services for policyholders.
Article 8.
Responsibilities of people’s committees at all levels for health insurance
1. Within the ambit of their
assigned tasks and powers, people’s committees at all levels shall have the
following responsibilities:
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b) Ensure funding to pay health
insurance premiums incurred by policyholders whose health insurance premiums
are fully or partially covered by state budget as regulated in this Law;
c) Propagate and disseminate
policies and laws on health insurance;
d) Inspect and take actions against
violations, complaints or denunciations in the field of health insurance.
2. 12 In addition to responsibilities
mentioned in Clause 1 of this Article, people's committees of
central-affiliated cities or provinces shall provide instructions on mechanism
and manpower to perform the state management of health insurance in such
provinces or cities, and manage and use funding as prescribed in Clause 3
Article 35 of this Law.
3. 13 In addition to responsibilities
mentioned in Clause 1 of this Article, people’s committees of communes/ wards/
towns (hereinafter referred to as commune-level people’s committees) shall make
list of local eligible participants of household-based health insurance as
prescribed in Clauses 2, 3, 4 and 5 Article 12 of this Law, except for the
entities prescribed in Points a, l and n Clause 3 and Point b Clause 4 Article
12 of this Law; Commune-level people’s committees must make list of children
who must be granted health insurance cards at the same time when birth
certificates are issued to such children.
Article 9.
Health insurer
1. A health insurer is functioned
to implement policies and laws on health insurance, and manage and use the
balance of the health insurance fund.
2. The Government shall promulgate
specific regulations on organizational structure, functions, duties and powers
of health insurers.
Article 10.
Audit of health insurance fund
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Irregular audit of the health
insurance fund may be conducted by the State Audit Office of Vietnam at the
request of the National Assembly, the Standing Committee of the National
Assembly or the Government.
Article 11.
Prohibited acts
1. Failing to pay or make
insufficient payment of health insurance premiums as regulated in this Law.
2. Committing fraud related to or
forging health insurance documents or cards.
3. Using collected health insurance
premiums or the health insurance fund for improper purposes.
4. Obstructing, troubling or
infringing upon the lawful rights and interests of policyholders and relevant
parties.
5. Deliberately making false
reports or providing false information and data on health insurance.
6. Abusing one’s position, powers
or professional operations to act in contravention of the law on health
insurance.
Chapter II
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Article 12.
Eligible participants of health insurance 14
1. The group of eligible
participants whose insurance premiums are paid by employers and employees,
consisting of:
a) Employees who work under
indefinite or at least full three-month contracts; salaried business managers;
officials and public employees (hereinafter referred to as employees);
b) Part-time officials of communes,
wards or towns under relevant laws.
2. The group of eligible
participants, whose insurance premiums are paid by social security agencies,
including:
a) Persons receiving monthly
retirement pension and disability benefits;
b) Persons receiving monthly social
insurance benefits due to occupational accidents, occupational diseases or
diseases requiring long-term treatment; beneficiaries of death benefits at the
age of 80 or above;
c) Officials of communes, wards or
towns who left their employment and are enjoying monthly social insurance
benefits;
d) Persons receiving unemployment
benefits.
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a) Commissioned officers,
professional soldiers, non-commissioned officers and soldiers on active duty;
professional and technical commissioned officers and non-commissioned officers
who work in people's public security forces, officer cadets, non-commissioned
officers and soldiers who work under fixed term contract in people's public
security forces; ciphers whose salaries are the same as salaries of servicemen;
cipher trainees whose benefits are the same as the benefits of students in
military or police academies;
b) Officials in communes, wards or
towns who left their employment and are receiving monthly benefits from state
budget;
c) Persons who stop receiving
disability benefits and are enjoying monthly benefits from state budget;
d) People with meritorious services
to the revolution, veterans;
dd) Incumbent deputies of the
National Assembly and those of People’s Councils at all levels;
e) Children under the age of 6;
g) Persons receiving monthly social
protection benefits;
h) Poor household members;
ethnics living in regions facing socio-economic difficulties or extreme
socio-economic difficulties; persons living in island communes or districts;
i) Relatives of people with
meritorious services to the revolution that are biological parents, spouses or
children of revolutionary martyrs; persons rearing revolutionary martyrs;
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l) Relatives of the entities
prescribed in Point as Clause 3 of this Article;
m) Persons donating their body
organs as regulated by laws;
n) Foreigners who are granted
scholarship with funding from the state budget for studying in Vietnam.
4. The group of eligible participants,
whose insurance premiums are partially covered by state budget, consisting of:
a) Members of near-poor households;
b) Students.
5. The group of household-based
participants including household members, except for the entities prescribed in
Clauses 1, 2, 3 and 4 this Article.
6. The government shall promulgate
regulations on other groups of eligible participants in addition to the
eligible participants prescribed in Clauses 3, 4 and 5 this Article;
regulations on the issuance of health insurance cards to the entities under the
management of the Ministry of Defence, of the Ministry of Public Security and
the entities prescribed in Point 1 Clause 3 of this Article; regulations on
health insurance implementation route, scope of benefits, health insurance
coverage rates, covered medical services, management and use of the funding
used to pay for covered medical services, health insurance assessment,
reimbursement of costs of covered medical services, and statement of costs of
covered medical services for the participants prescribed in Point a Clause 3 of
this Article.
Article 13.
Health insurance premiums and responsibility for paying health insurance
premiums 15
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a) The monthly premium paid by the
policyholders prescribed in Point a Clause 1 Article 12 of this Law shall not
exceed 6% of their monthly salaries, two thirds of which is paid by employers
and the remains is paid by employees. In respect of female employees entitled
to paid maternity leaves from work as stipulated by the Law on social
insurance, the monthly premium rate shall not exceed 6% of monthly pay that
they receive before taking their maternity leave and shall be paid by social
security agencies;
b) The monthly premium paid by
policyholders prescribed in Point b Clause 1 Article 12 of this Law shall not
exceed 6% of their statutory pay rates, two thirds of which is paid by
employers and the remaining one third is paid by employees;
c) The monthly premium paid by
policyholders prescribed in Point a Clause 2 Article 12 of this Law shall not
exceed 6% of their pensions or disability benefits and shall be paid by social
security agencies;
d) The monthly premium paid by
policyholders prescribed in Point b and Point c Clause 2 Article 12 of this Law
shall not exceed 6% of their statutory pay rates and shall be paid by social
security agencies;
dd) The monthly premium paid by
policyholders prescribed in Point d Clause 2 Article 12 of this Law shall not
exceed 6% of their unemployment benefits and shall be paid by social security
agencies;
e) The monthly premium paid
policyholders prescribed in Point a Clause 3 Article 12 of this Law shall not
exceed 6% of their monthly salaries with regard to salaried persons and of the
statutory pay rates with regard to persons receiving subsistence allowances,
and shall be paid by funding from state budget;
g) The monthly premium paid by
policyholders prescribed in Points b, c, d, dd, e, g, h, i, k, l and m c Clause
3 Article 12 of this Law shall not exceed 6% of their statutory pay rates and
shall be paid by funding from state budget;
h) The monthly premium paid by
policyholders prescribed in Point n Clause 3 Article 12 of this Law shall not
exceed 6% of their statutory pay rates and shall be paid by the scholarship
providers;
i) The monthly premium paid by
policyholders prescribed in Clause 4 Article 12 of this Law shall not exceed 6%
of their statutory pay rates and shall be paid by the participants with
subsidies from state budget;
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2. If an individual concurrently
belongs to several groups of eligible participants as prescribed in Article 12
of this Law, he/she shall pay insurance premium according to the rate provided
for the first group to which he/she belongs according to the order of groups of
eligible participants prescribed in Article 12 of this Law.
If an eligible participant
prescribed in Point a Clause 1 Article 12 of this Law concludes one or more
than one indefinite or 3-month labor contract, the labor contract of which the
salary is the highest shall be used as the basis for paying insurance premium.
If an eligible participant
prescribed in Point b Clause 1 Article 12 of this Law concurrently belongs to
several groups of eligible participants as prescribed in Article 12 of this
Law, the payment of his/her insurance premium shall be made according to the
following order: payment by social security agency, payment by state budget,
payment by the policyholder and commune-level people’s committee.
3. All members of households
prescribed in Clause 5 Article 12 of this Law must participate in health
insurance. The premium rate shall be lowered from the second member of a
household. To be specific:
a) The premium paid by the first
member shall not exceed 6% of his/her statutory pay rate;
b) The premiums paid by the second,
the third and the fourth shall equal 70%, 60% and 50% of the premium paid by
the first member respectively;
c) The premiums paid by the fifth
and others shall equal 40% of the premium paid by the first member.
4. The Government shall promulgate
regulations on premium rates and subsidies for entities prescribed in this
Article.
Article 14.
Salaries, wages and benefits used as the basis for paying health insurance
premiums
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2. Employees salaried or
remunerated according to their employers’ regulations shall pay health
insurance premiums based on their monthly salaries or remunerations indicated
in their labor contracts.
3. Persons enjoying monthly
pension, disability benefits or unemployment benefit shall pay health insurance
premiums based on their monthly received pensions, disability benefits or
unemployment benefits.
4. 16 Other entities shall base on their statutory
pay rates to make payment of their health insurance premiums.
5. 17 The monthly salary which is used as the
basis for calculating health insurance premium shall not exceed 20 times the
statutory pay rate.
Article 15.
Methods of paying health insurance premiums 18
1. The employers shall monthly pay
health insurance premiums for the employees and transfer the health insurance
premiums deducted from the employees’ salaries to the health insurance fund
concurrently.
2. With regard to the agricultural,
forestry, fishery and salt-making enterprises that do not pay monthly salaries,
the employers shall pay quarterly or biannual health insurance premiums for the
employees and transfer the health insurance premiums deducted from the
employees’ salaries to the health insurance fund concurrently.
3. Social security agencies shall
monthly make payment of health insurance premiums as regulated in Points c, d
and dd Clause 1 Article 13 of this Law to the health insurance fund.
4. Scholarship providers shall
quarterly make payment of health insurance premiums as regulated in Point h
Clause 1 Article 13 of this Law to the health insurance fund.
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6. Representatives of households
and organizations, and individuals shall make full payment of health insurance
premiums to the health insurance fund on a regular basis of every 03, 06 or 12
months.
Chapter III
HEALTH INSURANCE CARDS
Article 16.
Health insurance cards
1. A health insurance card is
granted to a policyholder and used as a basis for enjoying health insurance
benefits under this Law.
2. A policyholder may hold only one
health insurance card.
3. 19 The effective dates of the health
insurance cards are prescribed as follows:
a) The health insurance cards of
policyholders prescribed in Clauses 1, 2 and 3 Article 12 of this Law who
purchase health insurance for the first time shall be effective from the
payment for health insurance premiums;
b) The second health insurance card
and the following ones of a policyholder who continuously purchases health
insurance shall be effective as of the expiry of the previous one.
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d) The health insurance card of a
child under the age of 6 shall be effective until that child reaches enough 72
months of age. If a child reaches enough 72 months of age before the
beginning of his/her school year, his/her health insurance card shall be
effective up to September 30th of that year.
4. A health insurance card shall be
invalidated in the following cases:
a) It expires;
b) It is erased or modified;
c) The health insurance card holder
no longer purchases health insurance.
5. 20 Each health insurer shall provide a
specimen of the health insurance card after obtaining the consent from Ministry
of Health.
Article 17.
Issuance of health insurance cards 21
1. An application for issuance of
health insurance card includes:
a) The declaration of new health
insurance policyholders made by the applying organization, individual or
household;
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The list of policyholders as
prescribed in Clauses 2, 3, 4 and 5 Article 12 of this Law shall be made by the
Commune-level People’s Committee on the household basis, except for the
entities prescribed in Point a, l and n Clause 3 and Point b Clause 4 Article
12 of this Law.
The list of policyholders under the
management of Ministry of Education and Training or Ministry of Labour, War
Invalids and Social Affairs as regulated in Point n Clause 3 and Point b Clause
4 Article 12 of this Law shall be made by the education and training
institution or vocational training institution.
The list of policyholders under the
management of Ministry of National Defence or Ministry of Public Security as
regulated in Point a Clause 1, Point a and Point n Clause 3, Point b Clause 4
Article 12 of this Law, and the list of policyholders as prescribed in Point l
Clause 3 Article 12 of this Law shall be made by Ministry of National Defence
or Ministry of Public Security.
2. Health insurers shall provide
health insurance cards to health insurance policyholders or their governing
organizations within 10 working days as of the receipt of sufficient
application as regulated in Clause 1 of this Article.
3. The health insurer shall promulgate
forms included in an application for issuance of health insurance card
prescribed in Clause 1 of this Article after obtaining the consent from
Ministry of Health.
Article 18.
Re-issuance of health insurance cards
1. A health insurance card may be
re-issued in case of loss.
2. The person whose health
insurance card was lost must apply for re-issuance of health insurance card.
3. 22 The health insurer must re-issue health
insurance card to the policyholder within 07 working days from the receipt of
his/her application for re-issuance of health insurance card. The policyholder
is still enjoyed all health insurance benefits pending the re-issuance of
his/her health insurance card.
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Article 19.
Replacement of health insurance cards
1. A health insurance card may be
replaced in the following cases:
a) The health insurance card is
damaged;
b) There is a change in the initial
provider of covered medical services;
c) Information specified in the
issued health insurance card is not accurate.
2. An application for replacement
of a health insurance card consists of:
a) The application form for
replacement of health insurance card made by the policyholder;
b) The issued health insurance
card.
3. The health insurer must issue
another health insurance card to the policyholder within 07 working days as of
the receipt of sufficient application as regulated in Clause 2 of this Article.
The policyholder is still enjoyed all health insurance benefits pending the
replacement of his/her health insurance card.
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Article 20.
Revocation or seizure of health insurance card
1. A health insurance card may be
revoked in the following cases:
a) Fraud related to the issuance of
health insurance card is committed;
b) The health insurance card holder
no longer purchases health insurance;
c) 24 A policyholder is issued with more than
one health insurance card.
2. A health insurance card may be
seized in case it is used by a person other than its holder to use covered
medical services. The person whose health insurance card is seized must present
to pay fines and retrieve his/her health insurance card in accordance with
laws.
Chapter IV
HEALTH INSURANCE
COVERAGE
Article 21.
Health insurance coverage
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a) Costs of medical examination and
treatment, functional rehabilitation, antenatal care and giving birth;
b) 25 (abrogated)
b) 26 Costs of the referral of the insured
patient who is any of the entities prescribed in Points a, d, e, g, h and i
Clause 3 Article 12 of this Law from a district-level health facility to a
superior-level health facility in case of medical emergency or in case the
inpatient needs such referral for specialized treatment.
2. 27 Minister of Health shall take charge and
cooperate with relevant ministries and regulatory authorities in promulgating the
lists, percentage and conditions for reimbursement of costs of covered
medicines, chemicals, medical equipment and services for policyholders.
Article 22.
Reimbursement rates by the health insurance fund 28
1. When a policyholder uses covered
medical services as prescribed in Articles 26, 27 and 28 of this Law, his/her
costs of covered medical services shall be reimbursed by the health insurance
fund at the following rates:
a) 100% of costs of covered medical
services if that policyholder is any of the entities prescribed in Points a, d,
e, g, h and I Clause 3 Article 12 of this Law. Costs of non-covered medical
services incurred by a policyholder who is any of the entities prescribed in
Point a Clause 3 Article 12 of this Law shall be covered by the health
insurance funding for medical services allocated to this group of entities. If
this funding is not enough to cover such costs, such costs shall be covered by
state budget;
b) 100% of costs of covered medical
services per visit at a commune-level health facility if the sum of such costs
remains lower than the rate promulgated by the Government;
c) 100% of costs of covered medical
services if the policyholder has consecutively participated in health insurance
for at least 05 years and his/her copayment amount incurred during a year
exceeds the sum of his/her statutory-pay-rate salaries of 6 months, except for
the case where he/she uses medical services in improper manner;
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dd) 80% of costs of covered medical
services incurred by other policyholders.
2. If an individual concurrently
belongs to more than one group of participants of health insurance, he/she
shall enjoy health insurance benefits according to the group of participants
having the highest reimbursement rate.
3. If a health insurance card
holder takes medical examination and treatment at a health facility other than
the covered one, he/she shall only have medical expenses reimbursed by the
health insurance fund as prescribed in Clause 1 this Article according to the
following rates, except for cases regulated in Clause 5 of this Article:
a) 40% of inpatient treatment
expenses at a central hospital;
b) 60% of inpatient treatment
expenses at a provincial hospital from the effective date of this Law to
December 31, 2020; 100% of inpatient treatment expenses as of January 01, 2021
at all hospitals in Vietnam;
c) 70% of medical expenses at a
district hospital from the effective date of this Law to December 31, 2015;
100% of medical expenses as of January 01, 2016.
4. A policyholder whose registered
initial provider of covered medical services is a communal health facility or a
general clinic or a district hospital may use covered medical services at any
commune health facilities or general clinics or district hospitals within the
territory of that province and shall have costs of covered medical services
reimbursed as regulated in Clause 1 of this Article as of January 01, 2016.
5. If a policyholder who is an
ethnic or a member of a poor household and is living at a region facing
socio-economic difficulties or extreme socio-economic difficulties or a
policyholder who is living at an island commune/district uses medical services
at a health facility other than the covered one, he/she may have medical
expenses incurred at a district hospital or inpatient treatment costs at a
provincial or central hospital reimbursed by the health insurance fund
according to the reimbursement rates prescribed in Clause 1 of this Article.
6. The inpatient treatment expenses
incurred by a policyholder using covered medical services at any of provincial
hospitals in the territory of Vietnam shall be reimbursed by the health
insurance fund according to the reimbursement rates prescribed in Clause 1 of
this Article as of January 01, 2021.
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Article 23.
Non-covered events
1. Cases specified in Clause 1
Article 21 in which medical expenses are covered by state budget.
2. Convalescence at sanatoria or
convalescence establishments.
3. Medical check-ups.
4. Prenatal tests and diagnosis for
non-treatment purposes.
5. Use of assisted reproductive
technologies, family planning services or abortion services, except for cases
of discontinuation of pregnancy due to fetal or maternal diseases.
6. Use of aesthetic services.
7. 29 Treatment of squint, myopia and eye
refraction defect, except for the children under age 6.
8. Use of alternative medical
equipment, including prosthetic limbs, eyes, teeth, glasses, hearing aids or
movement aids in medical examination, treatment and function rehabilitation
activities.
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10. 31 (abrogated)
11. Medical examination and
treatment for addiction to drugs, alcohol or other narcotics.
12. 32 (abrogated)
13. Medical assessment, forensic
examination, forensic psychiatric examination.
14. Participation in clinical
testing or scientific research.
Chapter V
PROVISION OF MEDICAL
SERVICES FOR HEALTH INSURANCE POLICYHOLDERS
Article 24.
Providers of covered medical services 33
Providers of covered medical
services are the health facilities that are prescribed in the Law on medical
examination and treatment and have entered into contracts for provision of
covered medical services with health insurers.
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1. A contract for provision of
covered medical services is a written agreement made between the health insurer
and a health facility on the provision of covered medical services and
reimbursement of costs of these services.
2. A contract for provision of
covered medical services shall consist of the following main contents:
a) 34 The users of covered medical services
and requirements for the scope of provision of covered medical services;
estimated quantity of health insurance cards and policyholders using covered
medical services if the contractual party is an initial provider of covered
medical services.
b) Method of reimbursement of
covered medical services;
c) Rights and responsibilities of
the contractual parties;
d) Term of the contract;
dd) Liabilities for breach of the
contract;
e) Conditions for modification,
liquidation and termination of the contract.
3. Any agreement on conditions for
modification, liquidation and termination of the contract defined in Point e
Clause 2 of this Article must not interrupt the policyholder’s use of covered
medical services.
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Article 26.
Registration for covered medical services
1. A health insurance policyholder
may register for covered primary medical services at a health facility of
commune or district or equivalent levels, except for cases in which he/she is
entitled to register for covered medical services at a provincial or central
health facility in accordance with regulations of the Minister of Health.
If a health insurance policyholder
works on a mobile basis or moves to another locality, he/she may use covered
primary medical services at a health facility of corresponding technical line
in the locality where he/she works or resides in accordance with regulations of
the Minister of Health.
2. A health insurance policyholder
may change the initial provider of covered medical services at the beginning of
every quarter.
3. The name of the initial provider
of covered medical services shall be specified in the health insurance card.
Article 27.
Referral between health facilities
A provider of covered medical
services must send the insured patient in need of specialized treatment beyond
its capacity to another provider of covered medical services in accordance with
regulations on referral between health facilities.
Article 28.
Procedures for covered medical services
1. A policyholder must present
his/her health insurance card with photo when he/she wants to use covered
medical services; a health insurance card without photo must be presented
together with a written proof of personal identity of its holder; children
under 6 years old shall present health insurance cards only.
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3. In case of referral, a
policyholder must present referral-related documents made by the initiating
health facility.
4. In case of follow-up
examination, a policyholder must present his/her appointment note made by the
health facility.
Article 29.
Health insurance assessment
1. A health insurance assessment
consists of the following contents:
a) Checking procedures for using
covered medical services;
b) Checking and assessing the
medical treatment, prescription, and the use of chemicals, medical equipment,
and technical services for the insured patient;
c) Checking and determining costs
of covered medical services.
2. The health insurance assessment
must be conducted in an accurate, open and transparent manner.
3. The health insurance assessment
shall be conducted by health insurers that assume liabilities for results
thereof.
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REIMBURSEMENT OF COSTS
OF COVERED MEDICAL SERVICES
Article 30.
Methods of reimbursement of costs of covered medical services
1. Costs of covered medical
services shall be reimbursed upon the following methods:
a) 36 Rate-based reimbursement refers to the
reimbursement of predetermined costs of covered medical services for each
policyholder at a health facility over a certain period of time;
b) Service charge-based
reimbursement means the reimbursement of costs of covered medical services made
on the basis of costs of medicines, chemicals, medical supplies and equipment
as well as technical services used by an insured patient;
c) Disease-based reimbursement
refers to the reimbursement of costs of covered medical services predetermined
according to the physician’s diagnosis.
2. The Government promulgates
specific regulations on the application of methods of reimbursement of costs of
covered medical services as regulated in Clause 1 of this Article.
Article 31.
Reimbursement of costs of covered medical services
1. The health insurer shall make
payment of costs of covered medical services to the health facility providing
such covered medical services according to the signed contract for provision of
covered medical services.
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a) The health insurance card holder
uses covered medical services at a health facility that does not sign contract
for provision of covered medical services with the health insurer;
b) The health insurance card holder
gets medical examination and treatment in breach of Article 28 of this Law;
c) Other special cases are
prescribed by Minister of Health.
3. Ministry of Health shall take
charge and cooperate with Minister of Finance in regulating procedures and
reimbursement rates for the cases prescribed in Clause 2 of this Article.
4. Medical expenses shall be
covered by the health insurer on the basis of hospital fees as regulated by the
Government.
5. 38 Ministry of Health shall take charge and
cooperate with Minister of Finance in regulating the consistent costs of
covered medical services at the same-level hospitals nationwide.
Article 32.
Advance funding, reimbursement and settlement of costs of covered medical
services 39
1. The provider of covered medical
services shall receive quarterly advance funding from the health insurer as
follows:
a) Within 05 working days from the
receipt of the statement of costs of covered medical services provided in the
previous quarter by the provider of covered medical services, the health
insurer shall pay an advance funding of 80% of costs of covered medical
services as defined in the said statement to that provider of covered medical
services;
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c) In case the advance funding paid
to providers of covered medical services of a province exceeds the allocated
funding in a quarter, the health insurer of that central-affiliated city or
province must report to the Vietnam Social Security Administration for
allocating additional funding.
2. The reimbursement and settlement
of costs between a provider of covered medical services and the health insurer
is made as follows:
a) Within the first 15 days of
every month, a provider of covered medical services shall send a written
request for reimbursement of costs of covered medical services of the previous
month to the health insurer; within the first 15 days of every quarter, that
provider of covered medical services must also send the statement of costs of
covered medical services of the previous quarter to the health insurer;
b) Within 30 days from the receipt
of the statement of costs of covered medical services of the previous quarter
made by the provider of covered medical services, the health insurer shall
notify that provider of the verification result and verified costs of covered
health care services, including actual medical expenses within the health
insurance coverage and reimbursement rate;
c) Within 10 days from the
notification of verified costs of covered medical services, the health insurer
must make reimbursement of costs to that provider of covered medical
services;
d) The verification of annual
financial statements of the health insurance fund and allocation of the
remaining funding (if any) by the health insurers of central-affiliated cities
or provinces must be completed before October 01st of the following
year.
3. Within 40 days from the receipt
of complete application for reimbursement of costs of covered medical services
submitted by policyholders regulated in Clause 2 Article 31 of this Law, the
health insurer must make direct reimbursement of costs of covered medical services
to these policyholders.
Chapter VII
HEALTH INSURANCE FUND
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1. Health insurance premiums paid
as regulated in this Law.
2. The health insurance fund’s
profits from its investment activities.
3. Financial support/aid provided
by domestic and foreign entities.
4. Other lawful sources of
revenues.
Article 34.
Management of health insurance fund
1. 40 The health insurance fund shall be
managed in a concentrated, consistent, open and transparent manner according to
the mechanism of decentralized administration between health insurers.
The Management Board of Vietnam
Social Security Administration shall, pursuant to regulations of the Law on
social insurance, assume responsibility for managing the health insurance fund
and provide consultancy on health insurance policies.
2. The Government shall provide for
the management of the health insurance fund; decide on financial sources to
ensure the provision of covered medical services in case the health insurance
fund faces the imbalance between revenues and expenditures.
3. 41 The Government shall send an annual report on the
management and use of the balance of the health insurance fund to the National
Assembly.
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1. The balance of the health
insurance fund shall be allocated and used as follows:
a) 90% of the health insurance
premiums shall be used for covering costs of covered medical services;
b) 10% of the health insurance
premiums shall be contributed to the reserve fund and used to cover
administrative expense for the health insurance fund, at least 5% of which must
be contributed to the reserve fund.
2. The spare amount of the health
insurance fund is used to make investments under investment methods regulated
in the Law on Social Insurance. The Management Board of Vietnam Social Security
Administration shall, at the request of Vietnam Social Security Administration,
make decisions on and assume responsibility before the Government for the
health insurance fund’s investment methods and structure.
3. If the amount of collected
health insurance premiums of a central-affiliated city or province exceeds the
funding for covering costs of covered medical services in the same year upon
the verification by Vietnam Social Security Administration, the remaining
budget shall be used as follows:
a) From the effective date of this Law
to the end of December 31, 2020, 80% of that remaining budget shall be
transferred to the reserve fund and the remains shall be allocated to the
provincial government to use according to the following order of priority:
Make contribution to the fund for
provision of medical services to the poor; give support for health insurance
premiums paid by a certain groups of entities in conformity with the
socio-economic conditions of such province; purchase medical equipment suitable
for the capacity and qualification of local health staff; purchase vehicles for
sending patients by district hospitals.
Within 01 month from the
verification of the financial statements by the Vietnam Social Security
Administration, the Vietnam Social Security Administration shall allocate 20%
of the remaining budget to the provincial government.
Within 12 months from the
verification of the financial statements by the Vietnam Social Security
Administration, the remaining budget shall be transferred to the reserve fund;
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4. If the amount of collected
health insurance premiums of a central-affiliated city or province is less than
the expenditure for costs of covered medical services in the same year upon the
verification by Vietnam Social Security Administration, the Vietnam Social
Security Administration shall use the reserve fund to make up that deficiency.
5. The Government provides for
details of Clause 1 of this Article.
Chapter VIII
RIGHTS AND RESPONSIBILITIES
OF THE PARTIES INVOLVED IN HEALTH INSURANCE
Article 36.
Rights of health insurance policyholders
A policyholder is entitled to:
1. Be granted health insurance card
if paying health insurance premiums.
2. 43 Purchase health insurance on a household
basis at any health insurance agency in Vietnam; choose initial provider of
covered medical services as regulated in Clause 1 Article 26 of this Law.
3. Use covered medical services.
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5. Request health insurer, provider
of covered medical services and relevant agencies to explain and provide
information about health insurance policies.
6. File complaints or lawsuits
against violations in the field of health insurance.
Article 37.
Responsibilities of health insurance policyholders
A policyholder has the
responsibility to:
1. Pay health insurance premiums in
full and on schedule.
2. Use the health insurance card for
proper purposes; not lend the health insurance card to others.
3. Abide by regulations in Article
28 of this Law when using covered medical services.
4. Comply with regulations and
instructions by the health insurer and the health facility when using covered
medical services.
5. Co-pay the costs of used medical
services to the health facility in case of copayment.
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A payer of health insurance
premiums is entitled to:
1. Request health insurers and
competent state authorities to explain and provide information about the health
insurance policies.
2. File complaints or lawsuits
against violations in the field of health insurance.
Article 39.
Responsibilities of payers of health insurance premiums
A payer of health insurance premium
has the responsibility to:
1. Prepare applications for
issuance of health insurance cards.
2. Pay health insurance premiums in
full and on schedule.
3. Deliver health insurance cards
to participants of health insurance.
4. Provide full and accurate
information and documents related to the health insurance duties of the
employer or the representative of the participant of health insurance at the
request of the health insurer, the employee or his/her representative.
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Article 40.
Rights of health insurers
A health insurer is entitled to:
1. Request employers, policyholders
and their representatives to provide full and accurate information and
documents related to their health insurance duties.
2. Inspect the provision of covered
medical services; revoke or seize health insurance cards in cases defined in
Article 20 of this Law.
3. Request providers of covered
medical services to provide medical records and documents related to the
provided medical services to serve the health insurance assessment.
4. Refuse to reimbursed costs of
covered medical services provided against regulations of this Law or the
contract for provision of covered medical services.
5. Request persons who are liable
to pay damages to policyholders to return the costs of medical services which
have been paid by health insurers.
6. Propose revision to policies or
laws on health insurance and actions against violations against the law on
health insurance to competent authorities.
Article 41.
Responsibilities of health insurers
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1. Propagate and disseminate
policies and laws on health insurance.
2. 44 Facilitate the entities prescribed in
Clause 5 Article 12 of this Law to pay their health insurance premiums
according to households at health insurance agencies. Give instructions on
applications, procedures and registration of participation in health insurance,
and provide policyholders with health insurance benefits in a quick, simple and
convenient manner. Review and confirm the list of policyholders to avoid
granting more than one health insurance card to a policyholder as prescribed in
Article 12 of this Law, except for the policyholders under the management of
Ministry of National Defence and others under the management of Ministry of
Public Security.
3. Collect health insurance
premiums and grant health insurance cards.
4. Manage and use the balance of
health insurance fund.
5. Enter into contract for
provision of covered medical services with qualified health facilities.
6. Make reimbursement of costs of
covered medical services.
7. Provide information about
providers of covered medical services and instruct policyholders in choosing
suitable initial providers of covered medical services.
8. Examine the quality of medical
services provided by relevant health facilities; carry out health insurance
assessment.
9. Protect rights and interests of
health insurance policyholders; handle, within its competence, complaints or
denunciations of health insurance policies.
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11. Organize statistical and
reporting works, and provide professional guidance on health insurance; make
reports on the management and use of the health insurance fund on a periodical
basis or upon request.
12. Organize professional training
and improvement courses, scientific research and international cooperation on
health insurance.
Article 42.
Rights of providers of covered medical services
A provider of covered medical
services is entitled to:
1. Request health insurers to provide
full and accurate information related to policyholders and the funding for
their covered medical services.
2. Receive advance funding and
reimbursement of costs of covered medical services according to the signed
contract for provision of covered medical services.
3. Propose actions against
violations in the field of health insurance to competent authorities.
Article 43.
Responsibilities of providers of covered medical services
A provider of covered medical
services has the responsibility to:
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2. 46 Provide medical records and documents
related to medical services and payment of costs of medical services by
policyholders upon the request of health insurers and competent state
authorities; with regard to request for direct reimbursement of costs of
medical services, provide medical records and documents related to medical
services used by policyholders within 05 working dates from the receipt of the
health insurer’s request.
3. Enable health insurers to
conduct assessment works; coordinate with health insurers in propagating and
explaining health insurance policies to health insurance policyholders.
4. Check and inform health insurers
of violations against regulations on use of health insurance cards; coordinate
with health insurers in revoking or seizing health insurance cards in cases
prescribed in Article 20 of this Law.
5. Manage and use the funding
provided by health insurance fund in accordance with applicable laws.
6. Organize statistical and
reporting works on health insurance in accordance with applicable laws.
7. 47 Make statements of costs of covered
medical services and assume liabilities for the accuracy and legality thereof.
8. 48 Provide the statements of costs of
medical services at the request of health insurance policyholders.
Article 44.
Rights of representatives of employers and employees
1. Request health insurers, health
facilities and employers to provide full and accurate information related to
the health insurance benefits of employees.
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Article 45.
Responsibilities of representatives of employers and employees
1. Propagate and disseminate
policies and laws on health insurance with regard of employees and employers.
2. Participate in the formulation
of policies or laws on health insurance and propose amendments or supplements
thereto.
3. 49 Take part in the supervision of the
implementation of regulations of laws on health insurance, expedite the payment
of health insurance premiums for the employees by the employers and take action
against payers who fail to make payment of health insurance premiums as
regulated.
Chapter IX
INSPECTION, COMPLAINT,
DENUNCIATION, SETTLEMENT OF DISPUTES AND ACTIONS AGAISNT VIOLATIONS IN THE
FIELD OF HEALTH INSURANCE
Article 46.
Health insurance inspection
Health inspectorate shall conduct
specialized inspection of health insurance.
Article 47.
Complaints and denunciations of health insurance
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Article 48.
Disputes over health insurance
1. Disputes over health insurance
are disputes about rights, obligations and responsibilities for health
insurance between the following entities:
a) Health insurance policyholders
as regulated in Article 12 of this Law or their representatives;
b) Payers of health insurance
premiums as regulated in Clause 1 Article 13 of this Law;
c) Health insurers;
d) Providers of covered medical
services.
2. A dispute over health insurance
shall be settled as follows:
a) The disputing parties shall
reconcile their dispute;
b) In case of unsuccessful
reconciliation, the disputing parties may initiate a lawsuit at a court in
accordance with law.
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1. Any person who violates the
regulations of this Law or relevant law regulations on health insurance shall
be disciplined, incur administrative penalties or liable to criminal
prosecution according to the nature and severity of his/her violation. He/she
also make compensation if causing damage in accordance with law regulations.
2. Any agency or organization that
violates the regulations of this Law or relevant law regulations on health
insurance shall incur administrative penalties and must make compensation if
causing damage in accordance with law regulations.
3. Any agency, organization or
employer in charge of paying health insurance premiums that fail to discharge their
duties shall have to:
a) Pay the unpaid health insurance
premiums and the interest as twice as the inter-bank interest rate calculated
according to the unpaid premiums and period of late payment; failing that, the
bank, other credit institution or the state treasury shall, at the request of a
competent person, extract money from deposit account of that agency,
organization or employer in charge of paying health insurance premiums to
transfer the unpaid premiums and interests thereof to the account of the health
insurance fund;
b) Reimburse the employee within
the health insurance coverage and reimburse rates for all costs of medical
services covered by the employee pending the issuance of health insurance card.
Chapter X
IMPLEMENTATION
PROVISIONS 51
Article 50.
Transitional clause
1. Health insurance cards and
free-of-charge medical cards granted to children under the age of 6 before the
effective date of this law shall be valid:
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b) Until December 31, 2009 in cases
where their expiration dates are later than December 31, 2009.
2. Benefits of a holder of health
insurance card which is granted before the effective date of this law shall be
performed in accordance with prevailing law on health insurance until December
31, 2009 inclusively.
3. The entities prescribed in
Clauses 21, 22, 23, 24 and 25 Article 12 of this Law may, pending the entry
into force of regulations in Points b, c, d and dd Clause 2 Article 51 of this
law, voluntarily purchase health insurance in accordance with the Government's
regulations.
Article 51.
Effect
1. This law comes into force as of
July 01, 2009.
2. The road map for achieving
universal coverage of health insurance is provided for as follows:
a) The entities prescribed from
Clause 1 to Clause 20 Article 12 of this Law shall participate in health
insurance as of the effective date of this law;
b) The entities prescribed in
Clause 21 Article 12 of this Law shall participate in health insurance as of
January 01, 2010;
c) The entities prescribed in
Clause 22 Article 12 of this Law shall participate in health insurance as of
January 01, 2012;
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dd) The entities prescribed in
Clause 25 Article 12 of this Law must participate in health insurance in
accordance with the Government's regulations before January 01, 2014.
Article 52.
Detailed regulations and guidance for implementation
The Government provides for details
and guidance on the implementation of articles and clauses in this law; provide
other necessary guidance on this law to serve the state management./.
THIS
CONSOLIDATED DOCUMENT IS CERTIFIED
CHAIRMAN
Nguyen Hanh Phuc
1 “Pursuant
to the Constitution of the Socialist Republic of Vietnam;
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The Law on fees and charges No.
97/2015/QH13 is promulgated under the following grounds:
“Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates
the Law on fees and charges.”
2 This
Clause is amended by regulations in Clause 1 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
3 This
Clause is amended by regulations in Clause 1 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
4 This
Clause is amended by regulations in Clause 1 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
5 This
Clause is amended by regulations in Clause 2 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
6 This Clause
is amended by regulations in Clause 2 Article 1 of the Law No. 46/2014/QH13 on
amendments to a number of articles of the Law on Health Insurance, taking
effect as of January 01, 2015.
7 This
Clause is amended by regulations in Clause 3 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
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9 This
Clause is amended by regulations in Clause 4 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
10 This
Clause is amended by regulations in Clause 4 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
11 This
Clause is amended by regulations in Clause 4 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
12 This
Clause is amended by regulations in Clause 5 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
13 This
Clause is amended by regulations in Clause 5 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
14 This
Clause is amended by regulations in Clause 6 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
15 This
Clause is amended by regulations in Clause 7 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
16 This
Clause is amended by regulations in Clause 8 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
17 This
Clause is amended by regulations in Clause 8 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
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19 This
Clause is amended by regulations in Clause 10 Article 1 of the Law No. 46/2014/QH13
on amendments to a number of articles of the Law on Health Insurance, taking
effect as of January 01, 2015.
20 This
Clause is amended by regulations in Clause 10 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
21 This
Clause is amended by regulations in Clause 11 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
22 This
Clause is amended by regulations in Clause 12 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance,
taking effect as of January 01, 2015.
23 This
Clause is amended for the first time by regulations in Clause 12 Article 1 of
the Law No. 46/2014/QH13 on amendments to a number of articles of the Law on
Health Insurance, taking effect as of January 01, 2015.
“4. The person whose health
insurance card is re-issued must pay fees. Minister of Finance shall stipulate
the fee rate for re-issuance of health insurance card. The person whose health
insurance card is reissued due to the mistake of the health insurer or the
agency preparing the list of participants of health insurance must not pay
reissuance fees.”
This Clause is abrogated by
regulations in Point d Clause 1 Article 23 of the Law on fees and charges No.
97/2015/QH13, taking effect as of January 01, 2017.
24 This
Clause is amended by regulations in Clause 13 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
25 This
Clause is abrogated by regulations in Clause 14 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
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27 This
Clause is amended by regulations in Clause 14 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
28 This
Clause is amended by regulations in Clause 15 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
29 This
Clause is amended by regulations in Clause 16 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
30 This
Clause is amended by regulations in Clause 16 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
31 This
Clause is abrogated by regulations in Clause 16 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
32 This
Clause is abrogated by regulations in Clause 16 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
33 This
Clause is amended by regulations in Clause 17 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
34 This
Clause is amended by regulations in Clause 18 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health Insurance,
taking effect as of January 01, 2015.
35 This
Clause is amended by regulations in Clause 18 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
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37 This
Clause is amended by regulations in Clause 20 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
38 This
Clause is supplemented by regulations in Clause 20 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
39 This
Clause is amended by regulations in Clause 21 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
40 This
Clause is amended by regulations in Clause 22 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
41 This
Clause is supplemented by regulations in Clause 22 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
42 This
Clause is amended by regulations in Clause 23 Article 1 of the Law No. 46/2014/QH13
on amendments to a number of articles of the Law on Health Insurance, taking
effect as of January 01, 2015.
43 This
Clause is amended by regulations in Clause 24 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
44 This
Clause is amended by regulations in Clause 25 Article 1 of the Law No. 46/2014/QH13
on amendments to a number of articles of the Law on Health Insurance, taking
effect as of January 01, 2015.
45 This
Clause is amended by regulations in Clause 25 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
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47 This
Clause is supplemented by regulations in Clause 26 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
48 This
Clause is supplemented by regulations in Clause 26 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
49 This
Clause is amended by regulations in Clause 27 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
50 This
Clause is amended by regulations in Clause 28 Article 1 of the Law No.
46/2014/QH13 on amendments to a number of articles of the Law on Health
Insurance, taking effect as of January 01, 2015.
51 Article
2 of the Law No. 46/2014/QH13 on amendments to a number of articles of the Law
on Health Insurance, taking effect as of January 01, 2015, provides for as
follows:
Article 2
1. This law comes into force as
of January 01, 2015.
2. The Government provides for
details of assigned articles and clauses in this Law.”
Chapter VI (Implementation
provisions), including Articles 23, 24 and 25 of the Law on fees and charges
No. 97/2015/QH13, taking effect as of January 01, 2017, provides for as
follows:
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1. This law comes into force as
of January 01, 2017.
2. The following regulations are
amended and abrogated:
a) Clause 3 Article 75 of the Law
on inland waterway No. 23/2004/QH11 which has a number of articles amended by
the Law No. 48/2014/QH13 is abrogated;
b) Point a Clause 2 Article 74 of
the Law on railway No. 35/2005/QH11 is abrogated;
c) The phrase “lệ phí tuyển
sinh”(enrolment fees) in Article 101 and Article 105 of the Law on Education
No. 38/2005/QH11 which has a number of articles amended by the Law No.
44/2009/QH12, Article 64 and Article 65 of the Law on Higher Education No.
08/2012/QH13, Article 28 and Article 29 of the Law on Vocational Training No.
74/2014/QH13 is deleted;
d) Clause 4 Article 18 of the Law
on Health Insurance No. 25/2008/QH12 which has a number of articles amended by
the Law No. 46/2014/QH13 is abrogated;
dd) Article 25 and Clause 3
Article 15 of the Law on independent auditing No. 67/2011/QH12 is abrogated;
e) Chapter IV-A regarding the
license tax in the Resolution No. 200/NQ-TVQH dated January 18, 1966 of the
Standing Committee of the National Assembly on imposition of industrial and
commercial tax on industrial and commercial cooperatives, organizations and
household businesses, which has a number of articles amended by the Ordinance
No. 10-LCT/HDNN7 on amendments to a number of articles on industrial and
commercial tax dated February 26, 1983, the Ordinance on amendments to a number
of articles on industrial and commercial tax and regulations on tax on goods
dated November 17, 1987 and the Ordinance on amendments to the Ordinance and
regulations on industrial and commercial tax and tax on goods dated March 03,
1989.
3. The Ordinance on fees and
charges No. 38/2001/PL-UBTVQH10 and the Ordinance on the court fees and charges
No. 10/2009/PL-UBTVQH12 shall be null and void as of the effective date of this
law.
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Fees in the list of fees and
charges accompanied by the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 transferred
into price mechanism defined by the State according to the list in Appendix 2
enclosed herewith shall be executed according to the Law on Price since this
Law takes effect.
The Government shall promulgate
specific regulations on the power to stipulate prices and valuation methods.
Article 25. Detailed
regulations
The Government provides for
details of articles and clauses in this Law.”