Nghị định 166/2016/NĐ-CP quy định về giao dịch điện tử trong lĩnh vực bảo hiểm xã hội, bảo hiểm y tế và bảo hiểm thất nghiệp do Chính Phủ ban hành

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIETNAM independence – Freedom – Happiness --------------
No.: 166/2016/ND-CP	Hanoi, December 24, 2016

 

DECREE

REGULATIONS ON ELECTRONIC TRANSACTIONS IN SOCIAL, HEALTH AND UNEMPLOYMENT INSURANCE

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Health Insurance dated November 14, 2008 and the Law on amendments to several articles of the Law on Health Insurance dated June 13, 2014;

Pursuant to the Law on Social Insurance dated November 20, 2014;

Pursuant to the Law on Employment dated November 16, 2013;

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

At the request of Minister of Labour, War Invalids and Social Affairs;

The Government promulgates a Decree to provide for electronic transactions in social, health and unemployment insurance.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree introduces regulations on electronic transactions in social, health and unemployment insurance, including registration of entering into electronic transactions in social, health and unemployment insurance; issuance of social insurance booklet and health insurance card; payment of social, health and unemployment insurance benefits; assessment and reimbursement of costs of covered medical services and exchange of information relating to the implementation of social, health and unemployment insurance policies (hereinafter referred to as electronic transactions in social insurance).

Article 2. Regulated entities

This Decree applies to authorities, organizations and individuals entering into electronic transactions in social insurance (hereinafter referred to as participants in electronic transactions in social insurance) and providers of electronic transaction services in social insurance.

Article 3. Interpretation of terms

In this document, these terms are construed as follows:

1. Electronic social insurance transactions refer to social insurance-related electronic transactions under the scope of regulation of this Decree.

2. Electronic social insurance applications refer to applications submitted electronically for participation in social insurance, issuance of social insurance booklet and health insurance card, settlement and payment of social, health and unemployment insurance benefits, assessment and reimbursement of costs of covered medical services submit as regulated by laws.

3. Electronic social insurance documentation refers to the information created, sent, received and stored electronically in order to conduct electronic transactions in social insurance.

4. Authentication number of an electronic transaction in social insurance refers to the one-time password used by the individual who enters into electronic transaction in social insurance when he/she does not have a digital certificate. This password is sent from the Portal of the Social Security Authority of Vietnam (hereinafter referred to as the “SSAV”) to the mobile number or email address of the individual who has registered with the social security office.

5. Electronic transaction account in social insurance is an account granted by the SSAV to an authority, organization or individual in order to log in to the SSAV’s portal of Vietnam or via I-VAN Organization for the purposes of conducting electronic transactions in social insurance.

6. Value-added services for electronic transactions in social insurance (hereinafter referred to as I-VAN services) refer to services of receiving, transmitting, storing and recovering data messages of electronic transactions in social insurance between an authority, organization or individual who enters into electronic transactions in social insurance and the social security office with the aim of conducting electronic transactions.

7. Organization providing I-VAN services (hereinafter referred to as I-VAN Organization) is an organization that operates in the field of information technology and has entered into contract for provision of I-VAN services with the SSAV.

8. The Portal of SSAV is a point of entry to the internet network of the SSAV’s information technology system in order to receive or transmit data messages of electronic transactions in social insurance from/to organizations or individuals entering into electronic transactions in social insurance and from/to I-VAN Organization.

Article 4. Principles for conducting electronic transactions in social insurance

1. The compliance with regulations of the law on electronic transactions, the laws on social insurance, health insurance and unemployment insurance, the law on occupational safety and hygiene, the law on protection of state secrets and relevant laws must be ensured.

2. Conducting electronic transactions in social insurance must ensure the obviousness, impartiality, integrity, safety, efficiency and compliance with regulations of the law on information security and integrity.

3. Authorities, organizations and individuals have the right to conduct transactions in social insurance by either electronic means or traditional transaction methods.

Article 5. Conditions and methods of conducting electronic transactions in social insurance

1. Any authorities, organizations and individuals that conduct electronic transactions in social insurance must ensure the following conditions:

a) Hold a valid digital certificate granted by the provider of digital signature authentication services in accordance with regulations of laws.

In case an individual conducts electronic transactions in social insurance when he/she does not have a digital certificate granted, he/she may use electronic transaction authentication number granted by the SSAV.

b) Have ability to access to/ use the Internet network; have a stable email address which has been registered with the SSAV.

2. Authorities, organizations and individuals may directly enter into electronic transactions in social insurance through the SSAV’s portal or via an I-VAN Organization in compliance with regulations herein.

Article 6. Selection of qualified information technology organization to enter into contract for provision of I-VAN services

1. Criteria for selecting information technology organization to enter into contract for provision of I-VAN services

a) Legal status:

It must be an enterprise that is established under the law of Vietnam and operates in the information technology sector.

b) Finance:

It must have a written guarantee of a credit institution that legally operates in Vietnam in order to face risks and compensate for damage that may occur in course of provision of I-VAN services.

c) Personnel:

It must employ technicians who possess bachelor’s degree in information technology and has practical experience of network management and database management.

Technicians must work 24 hours a day to maintain the stable operation of the electronic data exchange system and give assistance for users of I-VAN services.

d) Techniques:

Technical equipment and facilities must ensure the provision of services to participants in electronic transactions in social insurance, and the safe connection with the portal of SSVA during 24 hours a day and 7 days a week, except for maintenance period. The maintenance period shall not exceed 2% of total service hours per year; services may be provided through computers, tablets or smart phones of users.

Technical system must have the ability to detect, issue warning against and prevent any impermissible access or types of network attacks in order to ensure confidentiality and integrity of data exchanged between participants in electronic transactions.

 The data backup, online data backup and database storage processes must be available; data must be restored within 08 hours as from the failure of the electronic data exchange system. Electronic documentation must be stored over the time such transactions have been not yet completed and original electronic data messages must be stored on the system and may be accessed online. The electronic transaction log must be stored for the period of no less than 10 years from the time on which that transaction is completed. Data on the stored electronic transaction log must be assessable during the storage period.

The data connection must conform to the standards on data connection adopted by the SSVA.

2. The SSAV shall base on regulations in Clause 1 of this Article to enter into contracts for provision of I-VAN services with qualified information technology organizations according to the procedures prescribed in Clause 3 of this Article.

3. Procedures for entering into contract for provision of I-VAN services

a) The information technology organization that satisfies requirements specified in Clause 1 of this Article shall submit a written request for entering into contract for provision of I-VAN services, enclosed with the Scheme on provision of I-VAN services, including contents proving its satisfaction of requirements specified in Clause 1 of this Article, to the SSAV (hard copy or electronic copy).

b) Within 10 working days since the I-VAN Organization has satisfied all requirements specified in Clause 1 of this Article and successfully connected with the SSAV’s portal, the SSAV shall enter into contract with the I-VAN Organization.

4. Organizations that have provided I-VAN services before the entry into force of this Decree may continue their provision of I-VAN services and must comply with regulations herein.

Chapter II

ELECTRONIC SOCIAL INSURANCE DOCUMENTATION

Article 7. Legal validity of electronic social insurance documentation

Electronic social insurance documentation prescribed in this Decree obtains legal validity as paper applications, documents, notices and records as regulated by laws.

Article 8. Types of electronic social insurance documentation

Electronic social insurance documentation includes:

1. Electronic social insurance applications.

2. Electronic accounting documents as prescribed by accounting policies adopted by the SSAV.

3. Other documents and notices of authorities, organizations and individuals that conduct social insurance-related electronic transactions.

Article 9. Requirements for electronic social insurance documentation

1. Electronic social insurance documentation prescribed in Article 8 of this Decree requires digital signatures of persons who have the competence to sign such electronic social insurance documents in accordance with regulations of laws.

In case the electronic social insurance documentation only has signatures of authorized persons, the information system must have ability to identify and authenticate the processing of responsible persons as regulated by laws during the transfer of electronic social insurance documentation to the last signee.

2. In case the electronic social insurance documentation is enclosed with paper components, the authority, organization or individual that conducts electronic transactions in social insurance must convert such paper documents to electronic copies in accordance with regulations of the Law on electronic transactions. The conversion from paper documents into electronic copies must satisfy the following requirements:

a) Reflect the integrity of paper document contents;

b) Have signature and full name of the person who has carried out the conversion from paper documents into electronic copies;

c) Have particular signs confirming the conversion from paper documents into electronic copies.

3. Where necessary, electronic documentation may be converted into paper documents provided such conversion must satisfy the following requirements:

a) Reflect the integrity of electronic documentation contents;

b) The person who has carried out the conversion from electronic documentation into paper documents must sign and write his/her full name on such paper documents, and affix the seal on paper documents requiring the seal as regulated.

c) Have particular signs confirming the conversion from electronic documentation into paper documents.

Article 10. Time for submission of electronic social insurance documentation

1. Authorities, organizations and individuals conducting electronic transactions may submit electronic social insurance documentation through the SSAV’s portal or via I-VAN Organization within 24 hours a day and 7 days a week.

2. The SSAV or I-VAN Organization shall send a notice confirming the receipt of electronic social insurance documentation to email address of the authority, organization or individual within 15 minutes as of the receipt of electronic social insurance documentation sent by that authority, organization or individual.

Article 11. Retention of electronic social insurance documentation

The retention period of electronic social insurance documentation shall conform to regulations of the law on archives. In case the retention period of electronic social insurance documentation expires as regulated by laws but such electronic social insurance documentation concerns the information integrity of the information system and retained electronic social insurance documentation, the retention of such electronic social insurance documentation shall be continued until the destruction of such electronic social insurance documentation causes no impact on other electronic transactions.

Chapter III

RIGHTS AND OBLIGATIONS OF PARTICIPANTS IN ELECTRONIC TRANSACTIONS IN SOCIAL INSURANCE

Article 12. Rights of participants in electronic transactions in social insurance

Any participants in electronic transactions in social insurance shall have the right to:
1. Conduct electronic transactions in social insurance in accordance with regulations of the Law on electronic transactions, this Decree and relevant laws.

2. Select any of the two methods prescribed in Clause 2 Article 5 of this Decree; sect qualified I-VAN Organization to enter into contract for provision of I-VAN services.

3. Receive instructions, assistance and response from the SSAV or I-VAN Organization in a timely manner if errors occur in course of conducting electronic transactions.

4. Have the security and integrity of their electronic transactions-related information and data guaranteed by the SSAV and/or the I-VAN Organization.

5. Electronically receive information about the premium payment and enjoyment of social, health and unemployment insurance benefits from social security offices.

Article 13. Obligations of participants in electronic transactions in social insurance

Any participants in electronic transactions in social insurance are obliged to:
1. Prepare, send and receive electronic social insurance documentation directly through the SSAV’s portal or via the I-VAN Organization.

2. Do not carry out paper-based transactions with respect of procedures for which the electronic transaction method has been registered during the period of conducting electronic transactions, except for cases prescribed in Clause 7 of this Article.

3. Manage digital signature and ensure the accuracy of such digital signature attached to the electronic social insurance documentation; manage name and password of electronic social insurance transaction account in order to ensure the safety and security of information and data stored on the electronic data exchange system of the I-VAN Organization and the information technology system of the SSAV.

4. Store and ensure the integrity of all of electronic social insurance documentation in accordance with regulations of the laws on archives, electronic transactions, social insurance, health insurance and unemployment insurance and relevant laws, except for individuals participating in electronic transactions in social insurance.

5. Store paper documentation which has been declared with the social security office but has not been converted into electronic documentation in accordance with regulations of the law on archives; present such documentation at the request of competent authorities for comparison.

6. Comply with regulations on guaranteeing the safety and security of the electronic data exchange system of I-VAN Organization and the information technology system of the SSAV.

7. Prepare paper social insurance application or convert electronic social insurance application into paper social insurance application in order to submit to the competent social security office within 03 working days since the deadline for submitting the application for social, health and unemployment insurance collections expires, or within 07 working days since the deadline for submitting applications for other transactions expires, in case the electronic data exchange system and technical infrastructure have not been recovered from breakdown by the deadline for submitting electronic social insurance application.

The electronic social insurance application must be sent to the SSAV’s portal or the selected I-VAN Organization after such breakdown has been remedied.

8. Perform provisions of the contract signed with the I-VAN Organization.

9. Bear the inspection of competent state agency of the compliance with regulations on social insurance, health insurance and unemployment insurance as regulated by laws.

10. Assume legal responsibility for enumerating their electronic social insurance documentation in accordance with regulations of the laws on electronic transactions, social insurance, health insurance, unemployment insurance, occupational safety and hygiene, and relevant laws.

11. Fulfill other obligations as required by laws.

Article 14. Rights of I-VAN Organization

I-VAN Organization shall have the right to:

1. Connect with the SSAV’s portal in order to provide services of electronic transactions in social insurance.

2. Receive professional assistance from Social Insurance Vietnam with social, health and unemployment insurance in order to receive and transmit electronic social insurance data between participants in electronic transactions in social insurance and the SSAV; be provided with standard forms or templates for providing I-VAN services.

3. Receive assistance from the SSAV in responding to queries about social, health and unemployment operations in course of provision of I-VAN services.

4. Terminate the contract for provision of I-VAN services signed with the SSAV as agreed upon in the contract and in conformity with regulations of relevant laws.

5. Sign or terminate contracts signed with participants into electronic transactions in social insurance for provision and use of I-VAN services in conformity with regulations of prevailing laws.

6. Refuse to provide I-VAN services to authorities, organizations or individuals that are not eligible for entering into electronic transactions or commit breach of signed contracts in conformity with regulations of prevailing laws.

7. Exercise other rights under the contract for provision of I-VAN services signed with the SSAV; contracts signed with participants in electronic transactions in social insurance.

Article 15. Obligations of I-VAN Organization

1. Establish channel to connect with the SSAV’s portal in conformity with connection standards adopted by the SSAV.

2. Publicly announce information about operating methods and service quality on the website of I-VAN Organization.

3. Provide I-VAN services to participants in electronic transactions in social insurance and have signed contracts with the I-VAN Organization.

4. Ensure the uninterrupted connection, security and integrity of information about applications and necessary conditions for conducting electronic transactions in social insurance. The plan for responding to failure that may occur while conducting electronic transactions must be available.

5. Receive, transmit, store and restore electronic transaction data messages in the field of social insurance on the basis of guaranteeing the timeliness, accuracy and integrity for electronic social insurance applications; transfer electronic social insurance applications to the SSAV’s portal within 02 hours from the receipt of such electronic social insurance applications from participants in electronic transactions in social insurance; send notification confirming the submission of electronic social insurance applications to authorities, organizations or individuals that use I-VAN services when entering into electronic transactions in social insurance as regulated by laws.

6. Comply with regulations of the laws on information technology and telecommunications, and regulations on technical or professional operations and information security promulgated by competent authorities.

7. Store the results of the receipt and transmission of electronic data in the fields of social insurance, health insurance and unemployment insurance; store electronic social insurance applications during the period when electronic transactions are uncompleted.

8. Store electronic transaction log on the electronic data exchange system in accordance with regulations in Point D Clause 1 Article 6 of this Decree.

9. Send notification to emails of participants in electronic transactions in social insurance and the SSAV 10 days before the electronic data exchange system is under maintenance, and recommend solutions for guaranteeing rights and benefits of relevant parties.

10. Provide sufficient information and data, and comply with regulations on regular and irregular reports on the provision of I-VAN services at the request of the SSAV.

11. Update new regulations announced by the SSAV on standard forms or templates concerning electronic transactions in social insurance.

12. Coordinate with the SSAV in giving assistance to participants in electronic transactions in social insurance in using services and conducting their electronic transactions.

13. Compensate for damage to participants in electronic transactions in social insurance if information security failures occur as regulated by laws.

14. Give an at least 30 days advance notice to the user of I-VAN services before the signed contract for provision of I-VAN services comes out of force.

15. Fulfill other obligations under the contract for provision of I-VAN services signed with the SSAV; contracts signed with participants in electronic transactions in social insurance.

Article 16. Rights of health facilities entering into electronic transactions in social insurance

1. Receive professional instructions and assistance from social security offices in course of conducting electronic transactions.

2. Have the security and integrity of their data guaranteed by social security offices in accordance with regulations of laws.

3. Have failures remedied by social security offices on a timely manner with respect of electronic transactions in social insurance under the responsibility of social security offices.

4. Request social security offices to publicly announce electronic transactions in health insurance assessment.

Article 17. Obligations of health facilities entering into electronic transactions in social insurance

1. Conduct electronic transactions in assessment and reimbursement of costs of covered medical services; comply with regulations of the law on personal information security.

2. Prepare electronic documentation concerning covered medical services and assume responsibility before the law for the legality and accuracy of such electronic documentation.

3. Send electronic documentation concerning covered medical services to social security offices immediately when patients who are policyholders are discharged from hospitals in conformity with professional regulations of hospitals and laws; send electronic documentation concerning the reimbursement of costs of covered medical services in accordance with regulations of prevailing laws.

4. Store and ensure the integrity of all of electronic documentation concerning social insurance and health insurance; comply with regulations of the laws on guaranteeing the safety and security of electronic data system.

5. Bear the inspection of competent state agencies in accordance with regulations of prevailing laws.

Article 18. Rights of employment centers entering into electronic transactions in social insurance

1. Receive professional instructions and assistance from social security offices in course of conducting electronic transactions.

2. Have the security and integrity of their data guaranteed by social security offices in accordance with regulations of laws.

3. Have failures remedied by social security offices on a timely manner with respect of electronic transactions in social insurance under the responsibility of social security offices.

Article 19. Obligations of employment centers entering into electronic transactions in social insurance

1. Conduct electronic transactions in making payment of unemployment insurance benefits.

2. Electronically provide the list of decisions on unemployment insurance benefits, persons who fail to make monthly declaration of employment status, persons who register for vocational training courses and job consultancy and introduction, persons who register for reservation of period of payment of unemployment insurance premiums, persons who do not receive decisions on unemployment insurance benefits (cancellation of decisions on unemployment insurance benefits).

3. Store and ensure the integrity of all of electronic documentation concerning unemployment insurance benefits; comply with regulations of the laws on guaranteeing the safety and security of electronic data system.

4. Bear the inspection of competent state agencies in accordance with regulations of prevailing laws.

Article 20. Rights of social security offices

1. Request I-VAN Organizations to establish their own connection channels in conformity with regulations on connection standards adopted by the SSAV in order to ensure the continuity, security and safety, and provide I-VAN services to participants in electronic transactions in social insurance from the effective date of the contract for provision of I-VAN services signed with the SSAV.

2. Request I-VAN Organizations to transfer electronic social insurance applications to the SSAV’s portal within 02 hours as of the receipt of electronic social insurance applications submitted by participants in electronic transactions in social insurance.

3. Sign and terminate contracts for provision of I-VAN services signed with I-VAN Organizations in accordance with regulations of laws.

4. Request I-VAN Organizations to provide I-VAN services in conformity with the signed contracts.

5. Receive sharing and connect with necessary information and data of relevant authorities/ organizations for conducting electronic transactions in social insurance.

Article 21. Obligations of social security offices

1. Establish, maintain and guarantee the connection and connection standards between the SSAV’s portal and I-VAN Organizations in order to render electronic transaction services in social insurance. Operate the system on receiving and processing electronic social insurance data in order to ensure the continuity, integrity, security and safety.

2. Receive social insurance applications and handle requests made by participants in electronic transactions in social insurance.

3. Assist participants in electronic transactions in social insurance in receiving, transmitting, storing and recovering electronic transaction data messages at their requests.

4. Provide professional assistance in social insurance to I-VAN Organizations in order to receive, transmit, store and recover electronic transaction data messages between participants in electronic transactions in social insurance and the SSAV.

5. Promptly inform I-VAN Organizations and participants in electronic transactions in social insurance of the SSAV’s new regulations on standard forms or templates of electronic social insurance transactions through the SSAV’s portal.

6. Coordinate with the I-VAN Organizations in giving professional assistance to participants in electronic transactions in social insurance for conducting electronic transactions at their requests.

7. Assist the I-VAN Organizations and participants in electronic transactions in social insurance in handling queries about social, health and unemployment insurance operations when they conduct electronic transactions in social insurance at their requests.

8. Post the list of I-VAN Organizations on the SSAV’s portal to serve the selection by participants in electronic transactions in social insurance.

9. Inform and return problem-handling results in accordance with regulations of the laws on electronic transactions, social insurance, health insurance, unemployment insurance, occupational safety and hygiene, and relevant laws.

10. Give advance notice to participants in electronic transactions in social insurance via I-VAN Organization at least 45 days before terminating the effect of the contract for provision of I-VAN services signed with I-VAN Organization.

11. Provide information about the payment of social insurance premiums and benefits electronically.

12. Withhold the permission for electronic transactions in social insurance applications when participants in electronic transactions in social insurance infringe regulations on the safety and security of the SSAV’s information technology system.

13. Conduct inspection of conduct of electronic transactions in social insurance by participants in electronic transactions in social insurance in accordance with regulations of prevailing laws.

Conduct regular or unscheduled inspection of the quality of services provided by I-VAN Organizations under contracts signed by and between I-VAN Organizations and the SSAV.

14. Fulfill other obligations under the contracts signed with I-VAN Organizations.

15. Submit annual reports on the conduct of electronic transactions in social insurance to the Prime Minister, Ministry of Labour, War Invalids and Social Affairs, Ministry of Health and Ministry of Finance.

Chapter IV

CONDUCT OF ELECTRONIC TRANSACTIONS IN SOCIAL INSURANCE

Section 1. CONDUCT OF ELECTRONIC TRANSACTIONS THROUGH THE SSAV’S PORTAL

Article 22. Registration of use of electronic transaction method

1. A participant in electronic transactions in social insurance shall complete the Declaration of registration of use of electronic transaction method in social insurance using the Form No. 01/DK-GD stated in the Appendix enclosed herewith, and send the electronic copy thereof to the SSAV’s portal or the paper copy to the SSAV's office.

2. Within 03 working days as of the receipt of such declaration, the SSAV must send a notification, enclosed with the grant of an electronic transaction account, to email of the participant in electronic transactions in social insurance; in case of refusal, the SSAV must also send a notification stating reasons thereof.

Article 23. Change or supplementation of information provided in the declaration of registration of use of electronic transaction method

1. If there is any change or supplementation of information provided in the Declaration of registration of use of electronic transaction method, the participant in electronic transactions in social insurance shall log in his/her electronic transaction account for creating the Declaration of change or supplementation of registration information of use of electronic social insurance transaction method by using the Form No. 02/SD-GD stated in the Appendix enclosed herewith.

2. Within 03 working days as of the receipt of the Declaration of change or supplementation of registration information of use of electronic social insurance transaction method, the SSAV must send a notification confirming changed or supplemented information to email of the participant in electronic transactions in social insurance.

Article 24. Registration of cessation of using electronic transaction method

1. The participant in electronic transactions in social insurance who wants to cease electronic transactions in social insurance must complete the Declaration of cessation of electronic transactions in social insurance by using the Form No. 03/NG-GD stated in the Appendix enclosed herewith and send it to the SSAV's portal.

2. Within 03 working days as of the receipt of the Declaration of cessation of electronic transactions in social insurance, the SSAV shall send a notification confirming the cessation of electronic transactions in social insurance to the email of the participant in electronic transactions in social insurance.

3. Since the cessation of electronic transactions in social insurance is certified by the SSAV, the participant in social insurance shall conduct paper-based transactions with social security offices in accordance with regulations. If a participant in social insurance wants to resume the use of electronic transaction method in social insurance, that participant must carry out registration procedures as prescribed in Article 22 of this Decree.

Article 25. Submission of electronic social insurance applications through the SSAV’s portal

1. Participants in electronic transactions in social insurance prepare and submit electronic social insurance applications by adopting any of the following methods:

a) Log in to electronic transaction account in social insurance, prepare electronic social insurance application online at the SSAV’s portal and send the complete application to the SSAV’s portal.

b) Prepare electronic social insurance application by using supporting tools and software which must meet data format standards stipulated by the SSAV; then log in to the electronic transaction account in social insurance to send the complete electronic social insurance application to the SSAV’s portal.

2. Within 02 hours as of the receipt of the electronic social insurance application, the SSAV shall send a notification confirming such receipt to the email of the participant in electronic transactions in social insurance.

Article 26. Processing of applications by social security offices

Upon the receipt of electronic social insurance applications, social security offices shall be responsible for processing such applications within the period prescribed by regulations of the laws on social insurance, health insurance, unemployment insurance, and occupational safety and hygiene.

Section 2. CONDUCT OF ELECTRONIC TRANSACTIONS THROUGH I-VAN ORGANIZATION

Article 27. Registration of use of I-VAN services

1. A requester for use of I-VAN services must complete the Declaration of registration of use of I-VAN services by using the Form No. 04/DK-IVAN stated in the Appendix enclosed herewith and send the electronic copy thereof to the I-VAN Organization. Within 02 hours as of the receipt of the Declaration of registration of use of I-VAN services, the I-VAN Organization shall transfer such Declaration to the SSAV’s portal.

2. Within 03 working days as of the receipt of the Declaration of registration of use of I-VAN services from the requester, the SSAV shall send a notification giving approval thereof to the I-VAN Organization; if a Declaration is refused, the SSAV shall also send a notification specifying reasons thereof.

3. Within 02 hours as of the receipt of the notification from the SSAV, the I-VAN Organization shall inform the requester who is also the participant in electronic transactions in social insurance.

Article 28. Change or supplementation of information provided in the declaration of registration of use of I-VAN services

1. If there is any change or supplementation of information provided in the Declaration of registration of use of I-VAN services, the participant in electronic transactions in social insurance shall log in to his/ her electronic transaction account to make the Declaration of change or supplementation of registration information of use of I-VAN services by using the Form No. 05/SD-IVAN stated in the Appendix enclosed herewith and send it to the I-VAN Organization; within 02 hours as of the receipt of such Declaration, the I-VAN Organization shall transfer such Declaration to the SSAV’s portal.

2. Within 03 working days as of the receipt of the Declaration of change or supplementation of registration information of use of I-VAN services, the SSAV shall send a notification confirming such change or supplementation of information to the I-VAN Organization.

3. Within 02 hours as of the receipt of the notification from the SSAV, the I-VAN Organization shall send a notification to the participant in electronic transactions in social insurance.

4. In case of change of I-VAN Organization, the participant in electronic transactions in social insurance must carry out the registration of cessation of use of I-VAN services in accordance with regulations in Article 29 and re-carry out the registration of use of I-VAN services in accordance with regulations in Article 27 herein.

Article 29. Registration of cessation of I-VAN services

1. The participant in electronic transactions in social insurance who wants to cease the use of I-VAN services must complete the Declaration of cessation of the use of I-VAN services by using the Form No. 06/NG-IVAN stated in the Appendix enclosed herewith and send it to the I-VAN Organization; within 02 hours as of the receipt of such Declaration of cessation of the use of I-VAN services, the I-VAN Organization shall transfer it to the SSAV's portal.

2. Within 03 working days as of the receipt of such Declaration of cessation of the use of I-VAN services, the SSAV shall send a notification confirming the cessation of the use of I-VAN services to the participant in electronic transactions in social insurance via the I-VAN Organization providing services to that participant.

3. Within 02 hours as of the receipt of the notification confirming the cessation of the use of I-VAN services from the SSAV, the I-VAN Organization shall inform the participant in electronic transactions in social insurance.

4. The participant in electronic transactions in social insurance shall, as of the receipt of the notification confirming the cessation of the use of I-VAN services, carry out procedures for registration of paper-based social insurance transactions.

Article 30. Submission of electronic social insurance applications through I-VAN Organization

1. Participants in electronic transactions in social insurance prepare and submit electronic social insurance applications by adopting any of the following methods:

a) Log in to electronic transaction account in social insurance, prepare electronic social insurance application online on the website of the I-VAN Organization, and send the complete electronic social insurance application to the I-VAN Organization.

b) Prepare electronic social insurance application by using supporting tools and software which must meet data format standards stipulated by the SSAV; then log in to the electronic transaction account in social insurance to send the complete electronic social insurance application to the I-VAN Organization.

2. Within 02 hours as of the receipt of the electronic social insurance application, the I-VAN Organization shall transfer such application to the SSAV’s portal and at the same time send a notification confirming the receipt of the electronic social insurance application to email of the participant in electronic transactions in social insurance.

Article 31. Processing of applications by social security offices

Upon the receipt of electronic social insurance applications transferred by I-VAN Organizations, social security offices shall be responsible for processing such applications within the period prescribed by regulations of the laws on social insurance, health insurance, unemployment insurance, and occupational safety and hygiene, as of the time the submission of applications is confirmed by I-VAN Organizations.

Chapter V

SHARING AND CONNECTION BETWEEN INFORMATION AND DATA SYSTEMS FOR CONDUCTING ELECTRONIC TRANSACTIONS IN SOCIAL INSURANCE

Article 32. Guaranteeing connection between information systems for conducting electronic transactions in social insurance

1. Information systems serving the conduct of electronic transactions in social insurance must comply with regulations applicable to information systems with scale and scope from central to local level.

2. The national insurance database shall be the original database for conducting electronic transactions in social insurance. The national insurance database must satisfy the following requirements:

a) Comply with regulations of the law on national database.

b) Have data architecture. The SSAV shall assume responsibility to design the data architecture of the national insurance database.

c) Comply with technical regulations on connection between information systems and database with the national insurance database in conformity with the Architectural Framework of Vietnam E-Government.

3. Data shared or exchanged for conducting electronic transactions in social insurance must be standardized under the structure of exchange data messages.

Article 33. Responsibility for sharing and connection between information and data systems of ministries, regulatory bodies, local governments and the SSAV

1. Ministry of Labour, War Invalids and Social Affairs shall preside over and coordinate with the SSAV in connection to share necessary information and data for conducting electronic transactions in unemployment insurance.

Instructing professional authorities/ divisions to share necessary information and data in management sector with social security offices in order to conduct electronic transactions in social insurance.

2. Ministry of Health shall preside over and coordinate with the SSAV in regulating the connection of necessary information and data for conducting electronic transactions in assessment and reimbursement of medical services covered by health insurance.

Instructing health facilities and medical assessment councils to share information and data in management sector with social security offices for conducting electronic transactions in social insurance.

3. Ministry of Planning and Investment instruct authorities/ divisions specializing in construction to share necessary information about enterprises with social security offices.

4. Ministry of Finance instructs its professional authorities/ divisions to share necessary information and data about tax codes of employers and salary expenses of employers used as the basis for tax calculation with social security offices.

5. Ministry of Public Security shall coordinate with the SSAV in connecting and sharing necessary information and data in the national population database for conducting electronic transactions in social insurance.

6. Ministries, ministerial-level agencies and affiliates of the Government shall, within the ambit of assigned duties and powers, make connection and share necessary information and data for conducting electronic transactions in social insurance.

7. People’s Committees at all levels shall be responsible for instructing local functional authorities to make connection and share necessary information and data with social security offices for conducting electronic transactions in social insurance.

Article 34. Responsibility of Ministry of Information and Communications

1. Instruct the connection and exchange of information and data between information systems for conducting electronic transactions in social insurance.

2. Instruct the formulation of technical standards and regulations, and regulations on connection between information systems, databases and the national insurance database for ensuring the compatibility, continuity and safety of information.

3. Inspect the compliance with technical standards and regulations on information systems of state authorities that enter into electronic transactions in social insurance.

4. Manage and develop technological infrastructure serving the conduct of electronic transactions in social insurance in conformity with regulations in Clause 5 Article 7 and Clause 2 Article 8 of the Law on electronic transactions.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 35. Effect

This Decree shall come into force as of March 01, 2017.

Article 36. Responsibility for implementation

1. Ministry of Labour, War Invalids and Social Affairs shall instruct procedures/ processes and prepare necessary conditions for conducting electronic transactions in unemployment insurance, insurance for occupational accidents and occupational diseases within the ambit of duties and powers prescribed by the laws on employment and occupational safety and hygiene.

2. Ministry of Health shall instruct procedures/ processes and prepare necessary conditions for conducting electronic transactions in health insurance within the ambit of duties and powers prescribed by the law on health insurance.

Ministry of Health shall take charge of formulating regulations on standards and format of output data about medical examination and treatment services covered by health insurance of health facilities nationwide.

3. The SSAV shall preside over and coordinate with relevant ministries/ regulatory bodies in:

a) Setting up databases on social insurance, health insurance and unemployment insurance nationwide; making connection between information systems of relevant authorities/ organizations for conducting electronic transactions in social insurance.

b) Promulgating procedures on electronic transactions in social insurance in accordance with regulations of the laws on electronic transactions, social insurance, health insurance, unemployment insurance, occupational safety and hygiene, and relevant laws in order to implement this Decree.

c) Formulating plans for conducting electronic transactions in social insurance in compliance with regulations in this Decree and guaranteeing the implementation of regulations in Clause 2 Article 9 and Clause 2 Article 96 of the Law on social insurance.

4. Ministry of National Defence and Ministry of Public Security shall instruct the conduct of electronic transactions in social insurance to the entities under their management.

5. Ministers, heads of ministerial-level agencies, heads of affiliates of the Government, and Chairpersons of people’s committees of provinces/ central-affiliated cities shall base on their assigned functions and duties to organize the implementation of this Decree./.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc