Chương I Nghị định 166/2016/NĐ-CP: Quy định chung

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.