Nghị định 43/2021/NĐ-CP quy định Cơ sở dữ liệu quốc gia về Bảo hiểm

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness -------------
No. 43/2021/ND-CP	Hanoi, March 31, 2021

 

DECREE

ON NATIONAL INSURANCE DATABASE

Pursuant to the Law on Organization of Government dated June 19, 2015; the Law on amendments to the Law on Organization of Government and the Law on Organization of Local Governments dated November 22, 2019;

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 Labor Safety and Hygiene dated June 25, 2015;

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

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

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

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

Pursuant to the Law on Information Access dated April 6, 2016;

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

The Government promulgates a Decree on National Insurance Database.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree set forth the creation, management, and use of the National Insurance Database; and the responsibilities of related agencies, organizations and individuals in the creation, management, and use of this database.

Article 2. Regulated entities

This Decree applies to agencies, organizations and individuals related to the creation, management, and use of the National Insurance Database.

Article 3. National Insurance Database

1. National Insurance Database is a national database that stores information about social insurance, health insurance and unemployment insurance and about health and social security recognized by competent authorities and to ensure the insurance rights and obligations of citizens.

2. National Insurance Database is a Government database that is uniformly built across the country and used by all agencies, organizations and individuals in order to provide accurate and timely information on insurance serving the state management, meeting socio-economic development requirements and legitimate requirements of agencies, organizations and individuals.

Article 4. Rules for creation, management and use of National Insurance Database

1. National Insurance Database is uniformly built and managed from central to local governments.

2. National Insurance Database is updated in an adequate, accurate and timely manner promptly after relevant administrative and practice procedures have been completed; is maintained in a continuous, stable and uninterrupted way to cater the need to use of agencies, organizations, and individuals as per the law.

3. National Insurance Database is stored and adequately secured.

4. The creation, management, and use of National Insurance Database shall comply with the Law on Social Insurance, Law on Employment, Law on Labor Safety and Hygiene, Law on Health Insurance, Law on Information Technology, Law on Electronic Transactions; regulations on architecture of e-Government of Vietnam; regulations on management, connection and sharing of digital data of regulatory agencies; regulations on protection of private life, personal secrets, family secrets and other relevant laws.

Article 5. Prohibited acts

1. Providing false information.

2. Sabotaging the information infrastructure system or obstructing the operation and maintenance that keeps the National Insurance Database stable and uninterrupted.

3. Gaining unauthorized access to the National Database of Insurance; copying, misleading information, changing, deleting or destroying data illegally in the National Database on Insurance.

4. Exploiting, using or revealing information from the National Database of Insurance against the regulations, infringing on the rights to private life, personal secrets and family secrets.

Chapter II

CREATION, MANAGEMENT AND USE OF NATIONAL INSURANCE DATABASE

Section 1. CREATION OF NATIONAL INSURANCE DATABASE

Article 6. Information in National Insurance Database

1. National Insurance Database contains the following:

a) Basic personal data, including: surname, middle name and first name; date of birth; gender, personal identity number or identity card number; ethnic minority; nationality; registered place of birth; place of origin, place of permanent residence; surname, middle name, and first name, personal identity number or identity card number of the father, mother, spouse or legal representative;

b) Citizen contact information;

c) Category of household information: household code; address; list of members in the household;

d) Category of social insurance information: social insurance code; the code of participant’s governing body; the social insurance agency in charge; type of social insurance entity; premium payment method; the record of premium payment and benefits received from social insurance, occupational accidents and occupational diseases, TIN (taxpayer identification number);

dd) Category of health insurance information: benefit level code; type of entity; registered primary healthcare provider; expiry date; valid date of 05 consecutive years; the record of premium payment and benefits received;

e) Category of unemployment insurance information: the record of premium payment and benefits received; period of premium payment as the basis for the duration of unemployment benefit receipt;

g) Category of employer information: Name; enterprise code/establishment decision number; TIN; head office address; line(s) of business (or major line(s) of business)/field of operation; telephone number, email; type of enterprise/type of organization; premium payment method;

h) Category of health basic information;

i) Category of social security information;

2. The information specified in points d, dd, and e clause 1 hereof is the original data of National Insurance Database.

Article 7. Collecting information to National Insurance Database

1. The information specified in point a clause 1 Article 6 is collected from the national population database.

2. The information specified in points b, c, d, dd and e clause 1 Article 6 is extracted, selected and synchronized from the specialized database of Vietnam Social Security.

3. The information specified in point g clause 1 Article 6 is synchronized from the national enterprise registration database and relevant database.

4. The information specified in point h clause 1 Article 6 is extracted, selected and synchronized from the database of the Ministry of Health.

5. The information specified in point i clause 1 Article 6 is extracted, selected and synchronized from the specialized database of the Ministry of Labor, War Invalids and Social Affairs.

6. If any data specified in clause 1 Article 6 cannot be collected as prescribed in clauses 1, 2, 3, 4 and 5 hereof, it will be synchronized from the specialized database of Vietnam Social Security and relevant sources of data.

Article 8. Updating information in National Insurance Database

1. Information in National Insurance Database shall be updated from the following sources:

a) Results from performance of administrative procedures and practices;

b) Requests for amendments made by agencies, organizations, and individuals upon any change to or detection of insufficient or inaccurate information in National Insurance Database;

c) Updates from relevant database.

2. Governing bodies of relevant national databases and specialized databases shall update the information specified in clause 1 hereof.

Article 9. Funding for National Insurance Database

1. Regarding ministries, central agencies and local governments: the funding is regulated in the Government's Decree No. 73/2019/ND-CP of September 5, 2019, on management of investment in information technology application funded by state budget capital.

2. Regarding tasks assigned to Vietnam Social Security: the funding is set aside from the fund for management of social insurance, unemployment insurance, health insurance and other management fund as per the law.

Section 2. USE OF NATIONAL INSURANCE DATABASE

Article 10. Users of data

1. Vietnam Social Security shall use the data from National Insurance Database for insurance professional practices.

2. The Ministry of Labor, War Invalids and Social Affairs shall use the data for state management of social insurance, employment and social security.

3. The Ministry of Health shall use the data for state management of health sector, including health insurance data.

4. The Government's Office shall use the data for direction and administration of the Government and the Prime Minister.

5. Ministry of Information Technology and Communications shall use the data in combination with other sources of data to create increased information for the purpose of advising and supporting the promulgation of policies in e-Government and digital Government.

6. The Ministry of Public Security and the Ministry of National Defense shall use the data for state management of national defense and security.

7. Regulatory agencies shall, within their ambit of functions and tasks, use the data for state management.

8. Agencies, organizations and individuals are permitted use their own information; or personal information of another person if the consent is given in accordance with the law.

Article 11. Methods of using data

1. Agencies, organizations and individuals shall use data from National Insurance Database via National Data Portal, National Public Service Portal, VSS Portal and other forms provided by the competent authority.

2. Agencies, organizations and individuals have the right to extract their information from the National Insurance Database. The extracted data is digitally signed by the Vietnam Social Security and is valid as certified by a competent authority.

3. Agencies and organizations are not allowed to request an individual to provide relevant documents if they have obtained the personal information from the National Insurance Database.

Article 12. Connection and sharing of data

The connection and sharing of information between the National Insurance Database and other national databases and specialized databases shall comply with the Government's Decree No. 47/2020/ND-CP dated April 9, 2020 on management, connection and sharing of digital data in regulatory agencies (hereinafter referred to as Decree No. 47/2020/ND-CP).

Section 3. MANAGEMENT OF NATIONAL INSURANCE DATABASE

Article 13. State management of National Insurance Database

1. The Government shall perform centralized state management of the National Insurance Database.

2. The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health shall, within their scope and powers, assist the Government in performing the state management of the National Insurance Database.

3. Ministries and ministerial-level agencies shall, within their scope and powers, assist the Government in performing the state management of the National Insurance Database.

Article 14. Inspection, evaluation, maintenance of data in National Insurance Database

1. National Insurance Database shall be inspected, evaluated, and maintained as prescribed in Article 16 of Decree No. 47/2020/ND-CP.

2. Vietnam Social Security shall do the routine inspection, evaluation and maintenance of the data on their own and then send a report to the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, and the Ministry of Information Technology and Communications prior to December 31 every year.

Chapter III

IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. Provide the information specified in point i clause 1 Article 6 hereof in an accurate and timely manner.

2. Cooperate with the Ministry of Health, the Ministry of Information Technology and Communications, Vietnam Social Security and relevant agencies in management and use of National Insurance Database.

Article 16. Responsibilities of the Ministry of Health

1. Provide the information specified in point h clause 1 Article 6 hereof in an accurate and timely manner.

2. Cooperate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Information Technology and Communications, Vietnam Social Security and relevant agencies in management and use of National Insurance Database.

Article 17. Responsibilities of Ministry of Information Technology and Communications

1. Connect National Insurance Database with National Data Exchange Platform (NDXP) to provide data services for information systems in regulatory agencies.

2. Connect National Insurance Database to the National Data Portal, the Data Sharing Service Management System to serve regulatory agencies in requesting and processing requests for connection and data sharing.

3. Research and use data in National Database on Insurance with national databases and databases of ministries, central authorities and local governments to provide information in service of administration and development of policies and strategies for e-Government development.

4. Cooperate with Vietnam Social Security and relevant agencies in elaborating and promulgating national regulations and technical regulations on data structure exchanged between information systems and databases and National Insurance Database.

Article 18. Responsibilities of the Ministry of Public Security

Cooperate with Vietnam Social Security in elaborating regulations on connection and sharing of information related to social insurance, health insurance and unemployment insurance under management of the Ministry of Public Security in accordance with regulations on information security and national security.

Article 19. Responsibilities of the Ministry of National Defense

Cooperate with Vietnam Social Security in elaborating regulations on connection and sharing of information related to social insurance, health insurance and unemployment insurance under management of the Ministry of National Defense in accordance with regulations on information security and national defense and security.

Article 20. Responsibilities of the Government's Office

1. Connect and share data about certification from e-copies and public services relevant to National Insurance Database in accordance with applicable regulations and laws.

2. Connect the reporting system to government, information and administration center of the Government and Prime Minister with the National Insurance Database in service of the direction and administration of the Government and Prime Minister.

Article 21. Responsibilities of Vietnam Social Security

1. Vietnam Social Security is the agency in charge of the National Insurance Database.

2. To be in charge of creating, updating, maintaining, and using the National Insurance Database.

3. Take charge and cooperate with ministries, ministerial-level agencies and Government agencies in the elaboration of the process of gathering and updating information on the National Insurance Database.

4. Provide data of the National Insurance Database in accordance with the provisions of Decree No. 47/2020/ND-CP.

5. Connect and supply data from the National Insurance Database to the National Data Portal to enable agencies, organizations and individuals to obtain information according to the provisions of this Decree. The connection and sharing of information must ensure the confidentiality of the state, personal secrets, family secrets and private lives according to the provisions of Article 5 and Article 6 of Decree No. 47/2020/ND-CP.

6. Review regulations and procedures in the areas of social insurance, unemployment insurance and health insurance to simplify personal papers on the basis of using data from the National Insurance Database.

7. Manage and operate the systems to run smoothly and continuously; ensure infrastructure conditions for data connection and exchange according to the provisions of Article 27 of Decree No. 47/2020/ND-CP.

8. Take charge and cooperate with the Ministry of Information and Communications in formulating plans and solutions for incident responses as to information safety and cybersecurity for the national insurance database system; develop and adopt a security monitoring solution for the information system of the National Insurance Database.

9. Take charge and cooperate with the Ministry of Information and Communications and related agencies in formulating and promulgating technical regulations on data exchange structures, data sharing regulations and procedures within specialized data under its management authority; promulgating regulations on data use of national databases and databases of ministries and branches under their respective management.

Article 22. Responsibilities of ministries, ministerial-level agencies, Governmental agencies and People’s Committees of provinces or central-affiliated cities

1. Share and connect information in national databases and specialized databases under their management with National Insurance Database.

2. Review regulations and procedures within their ambit of authority to simplify personal papers on the basis of using data from the National Insurance Database.

Article 23. Rights and obligations of organizations and individuals

1. They are entitled to use the data from National Insurance Database as per this Decree.

2. They are entitled to file a claim or whistleblowing report, in accordance with the law on claims and whistleblowing, upon any breach of their right to use the data.

3. They are obliged to abide by the rules as prescribed in Article 4 hereof and regulations of the competent authorities on creation, management, and use of National Insurance Database.

4. They are obliged to provide adequate and accurate data. Update and/or  promptly notify the governing body of the data in case of any change or error to the data provided.

Chapter IV

IMPLEMENTATION

Article 24. Entry into force

This Decree comes into force as of June 1, 2021.

Article 25. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces or central-affiliated cities and relevant agencies, organizations, and individuals shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc