Chương II Nghị định 43/2021/NĐ-CP: Xây dựng, quản lý, khai thác và sử dụng cơ sở dữ liệu quốc gia về bảo hiểm

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.