Chương III Nghị định 166/2016/NĐ-CP: Quyền và nghĩa vụ của cơ quan, tổ chức, cá nhân khi tham gia giao dịch điện tử trong lĩnh vực bảo hiểm xã hội

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.