Chương IV Nghị định 105/2014/NĐ-CP: Điều khoản thi hành

Chapter IV

IMPLEMENTARY PROVISIONS

Article 11. Transitional provisions

1. Where persons participating in the health insurance keep health insurance cards that are still valid after the date on which the Law on amending and supplementing the Health Insurance Law takes effect, the limit on insurance benefits and coverage rates shall comply with the regulations laid down in the Law on amending and supplementing the Health Insurance Law and in Article 4 hereof.

2. Where the holders of health insurance cards take the medical care provided by a healthcare provider but their health insurance cards have expired, their medical expenses incurred until they are discharged from the hospital or finish their outpatient treatment shall be covered within the limit on insurance benefits and coverage rates.

3. Where persons participating in the health insurance are hospitalized before January 01, 2015 but have been discharged from the hospital since January 01, 2015, their medical expenses shall be covered within the limit on insurance benefits and coverage rates in accordance with the regulations set out in the Law on amending and supplementing the Health Insurance Law and in Article 4 hereof.

4. In respect of the entities stipulated in amended and supplemented Point a Clause 3 Article 12 of the Health Insurance Law, who are retired, discharged from military service, change or quit their jobs, the length of time when they study or work in the people's army, public security and cipher organizations shall be counted in the insurance time span.

5. Learners or students who pay their health insurance contributions for the entire academic year 2014 – 2015 shall not be obliged to retrospectively pay the differential amount of health insurance contributions as stipulated at Point g Clause 1 Article 2 hereof.

6. Educational institutions affiliated to the national education system that have already received a portion of medical funds to provide the primary healthcare for their learners or students before January 01, 2015 must comply with instructions of the Ministry of Finance till the end of the academic year 2014 – 2015.

Article 12. Effect

This Decree shall come into force from January 01, 2015.

The Government’s Decree No. 62/2009/ND-CP dated July 27, 2009 on specifying and guiding the implementation of a number of articles of the Law on Health Insurance shall become defunct from the date on which this Decree takes effect.

Article 13. Responsibility for providing guidance on the implementation of this Decree

1. The Ministry of Health shall preside over their coordination with the Ministry of Finance to provide guidance on the implementation of binding provisions set out in this Decree, the individual participation in the family household’s health insurance policies, and study and make a proposal for solutions to involving all of the population in the health insurance.

2. The Ministry of Finance shall be responsible for properly distributing the central budget to assist local insurance administrators that do not have ability to carry out the budget self-control for the purpose of implementing the health insurance policy as stipulated in this Decree; providing guidance on transferring expenditures derived from the administrative expenditures of the health insurance fund to the People’s Committees of communes in order to compile a list of health insurance policy holders in the given area; providing instructions on implementing binding provisions laid down in this Decree.

3. The Ministry of National Defense and the Ministry of Public Security shall preside over the coordination with the Ministry of Health and the Ministry of Finance to provide guidance on the health insurance policies for the entities stipulated in amended and supplemented Point a, Point 1, Point n Clause 3 and Point b Clause 4 Article 12 enshrined in the Law on Social Insurance.

4. Vietnam Social Security shall be responsible for determining the amount of co-payments accrued every month which serves as the basis for the determination of insurance benefit amounts to which policy holders participating in the health insurance for 05 continuous year are entitled.

5. The Ministry of Labor, War Invalids and Social Affairs shall consider and set criteria for determining family households that work in agriculture, forestry and salt farming sectors, and only afford an average standard of living, which shall be then submitted to the Prime Minister for enforcement.

Provide instructions on compiling the list of family members who work in agriculture, forestry, aquaculture and salt farming sectors, and only afford the average standard of living.

6. Other relevant ministries and agencies within their functions, tasks and powers shall be responsible for providing guidance on the implementation of this Decree.

Article 14. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces shall assume their responsibility for implementing this Decree./.