Chương II Luật bảo hiểm y tế 2008: Đối tượng, mức đóng, trách nhiệm và phương thức đóng bảo hiểm y tế

Chapter II

THE INSURED, RATES, LIABILITIES AND METHODS OF PAYMENT OF HEALTH INSURANCE PREMIUMS

Article 12. The insured

1. Laborers working under indefinite-term labor contracts or labor contracts of full three-month or longer term according to the labor law; business managers who enjoy salaries or remunerations under the salary and remuneration law; cadres, civil servants and employees prescribed by law (below collectively referred to as employees).

2. Professional officers and non-commissioned officers and officers and non-commissioned officers specialized in technical areas who are serving in the people’s security force.

3. Persons on pension or monthly working capacity loss allowance.

4. People on monthly social insurance allowance for labor accident or occupational disease.

5. People who have stopped enjoying working capacity loss allowances and are enjoying monthly allowances from the state budget.

6. Commune, ward or township cadres who have stopped working and are enjoying monthly social insurance allowances.

7. Commune, ward or township cadres who have stopped working and are enjoying monthly allowances from the state budget.

8. People on unemployment allowance.

9. People with meritorious services to the revolution.

10. War veterans as defined by the war veteran law.

11. People who personally participated in the anti-US resistance war for national salvation under the Government’s regulations.

12. Incumbent National Assembly deputies and People’s Council deputies at all levels.

13. People on monthly social welfare allowance as prescribed by law.

14. Poor household members; ethnic minority people living in areas with difficult or exceptionally difficult socio-economic conditions.

15. Relatives of people with meritorious services to the revolution as prescribed by the law on preferential treatment toward people with meritorious services to the revolution.

16. Relatives of the following people as prescribed in the laws on People’s Army officers, military service, people’s public security and cipher officers:

a/ On-service officers, career army men of the People’s Army; non-commissioned officers and soldiers who are serving in the People’s Army;

b/ Professional officers and non-commissioned officers and specialized technical officers and non-commissioned officers who are working in the people’s security force; non-commissioned officers and soldiers who are serving in the people’s security force for a given period;

c/ Career officers and army men doing cipher work in the Government Cipher Committee and those doing cipher work and salaried according to the stafe payroll of People’s Army officers or the state payroll of People’s Army career men who are neither army men nor policemen.

17. Children aged under 6 years.

18. People who have donated parts of their bodies under the law on donation, taking and transplantation of tissues and human organs and donation and taking of cadavers.

19. Foreigners studying in Vietnam who are granted scholarships from the Vietnamese State’s budget.

20. Members of households living just above the poverty line.

21. Pupils and students.

22. Members of agricultural, forestry, fishery and salt-making households.

23. Relatives of employees defined in Clause 1 of this Article whom the employees have to rear and who live together with them in the same families.

24. Members of cooperatives or individual business households.

25. Other persons according to the Government’s regulations.

Article 13. Health insurance premium rates and responsibilities to pay health insurance premiums

1. Health insurance premium rates and responsibilities to pay health insurance premiums are prescribed as follows:

a/ The monthly premium rate applicable to persons defined in Clauses 1 and 2, Article 12 of this Law is equal up to 6% of the employee’s monthly salary or remuneration, with the employer paying two thirds of the amount and the employee one-third. In the period when the employee takes maternity leave or rears an adopted child of under 4 months according to the social insurance law, the employee and employer are not required to pay health insurance premium and this period is still counted in their consecutive health insurance participation time for entitlement to health insurance benefits;

b/ The monthly premium rate applicable to persons defined in Clause 3, Article 12 of this Law is equal up to 6% of their pension or working capacity loss allowance, and such premiums shall be paid by the social insurance institution;

c/ The monthly premium rate applicable to persons defined in Clauses 4,5 and 6, Article 12 of this Law is equal up to 6% of the minimum salary and such premiums shall be paid by the social insurance institution;

d/ The monthly premium rate applicable to persons defined in Clause 8, Article 12 of this Law is equal up to 6% of their unemployment allowance and such premiums shall be paid by the social insurance institution;

e/ The monthly premium rate applicable to persons defined in Clauses 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, Article 12 of this Law is equal up to 6% of the minimum salary and such premiums shall be paid by the state budget;

f/ The monthly premium rate applicable to persons defined in Clause 19, Article 12 of this Law is equal up to 6% of the minimum salary and such premiums shall be paid by the scholarship-awarding agencies, organizations or units;

g/ The monthly premium rate applicable to persons defined in Clauses 20, 21 and 22, Article 12 of this Law is equal up to 6% of the minimum salary and such premiums shall be paid by these persons;

The state budget shall pay part of health insurance premiums for persons defined in Clauses 20 and 21, Article 12 of this Law and those defined in Clause 22, Article 12 of this Law who have average living standards;

h/ The monthly premium rate applicable to persons defined in Clause 23, Article 12 of this Law is up to 6% of the minimum salary and paid by the employees;

i/ The monthly premium rate applicable to persons defined in Clause 24, Article 12 of this

Law is equal up to 6% of the minimum salary and such premiums shall be paid by these persons;

j/ The monthly premium rate applicable to persons defined in Clause 25, Article 12 of this Law is equal up to 6% of the minimum salary.

2. In case an insured concurrently belongs to different categories specified in Article 12 of this Law, he/she shall pay health insurance premiums like those in the first category which he/she belongs to in the order of priority defined in Article 12 of this Law.

In case a person defined in Clause 1, Article 12 of this Law has additionally one or several indefinite-term labor contracts or labor contracts of 3-month or longer term, he/she shall pay health insurance premium according to the contract with the highest salary or remuneration level.

3. The Government shall specify premium and support rates referred to in Clause 1 of this Article.

Article 14. Salaries, remuneration, allowances serving as a basis for health insurance premium payment

1. Employees salaried under state regulations shall pay health insurance premiums based on their monthly salaries paid according to their ranks or grades, and position, extra-seniority or trade seniority allowances (if any).

2. Employees salaried or remunerated according to their employers’ regulations shall pay social insurance premiums based on their monthly salaries or remunerations indicated in their labor contracts.

3. Persons on monthly pension, working capacity loss allowance or job-loss allowance shall pay health insurance premiums based on their monthly pensions, working capacity loss allowances or job-loss allowances.

4. Other persons shall pay health insurance premiums based on the minimum salary.

5. The maximum remuneration or salary level used for the calculation of health insurance premiums is 20 times the minimum salary.

Article 15. Methods of payment of health insurance premiums

1. Monthly, employers shall pay health insurance premiums for employees and make deductions from the latter’s salaries and remuneration for payment of health insurance premiums into the health insurance fund.

2. For agricultural, forestry, fishery and salt-making enterprises which do not pay salaries on a monthly basis, employers shall, once every three or six months, pay health insurance premiums for employees and make health insurance premiums from the latter’s salaries or remuneration for paying into the health insurance fund.

3. Monthly, social insurance institutions shall pay health insurance premiums for persons defined in Clauses 3, 4, 5, 6 and 8, Article 12 of this Law, into the health insurance fund.

4. Annually, agencies and organizations managing persons defined in Clauses 7, 9, 10, 11. 12, 13, 14, 17 and 18, Article 12 of this Law shall pay health insurance premiums for these persons into the health insurance fund.

5. Annually, agencies and organizations managing people with meritorious services to the revolution and persons defined at Points a, b and c, Clause 16, Article 12 of this Law shall pay health insurance premiums for their relatives into the health insurance fund.

6. Monthly, scholarship-awarding agencies, organizations and units shall pay health insurance premiums for persons defined in Clause 19, Article 12 of this Law, into the health insurance fund.

7. The Government shall specify methods of payment of health insurance premiums for persons defined in Clauses 20, 21, 22, 23, 24 and 25, Article 12 of this Law.