Chapter II
DOCUMENTATION, PROCESS OF RECEIVING, TRANSFERRING, SETTLING AND RETURNING RESULTS OF JOINT EXECUTION OF ADMINISTRATIVE PROCEDURES
Article 6. Documentation (joint execution of administrative procedures) of registration for births, permanent residence and health insurance
Documentation of registration for births, permanent residence and health insurance to children under six consists of the following papers:
1. Birth registration form according to prescribed forms;
2. Notice of birth issued by medical facility where a child is born; if the child is born outside the medical facility, notice of birth can be replaced by a written confirmation by witnesses; in case no witness is available, the person who makes registration must give a guarantee that the birth is true; In case of an abandoned child, a written record of the abandoned child can be used as a substitute for notice of birth.
In case of surrogacy, registration for birth must be added with a written proof of the surrogacy according to the law provisions.
3. Notice of change of population (according to prescribed forms)
4. Family register
In case of registration for permanent residence with persons other than a child’s biological parents, it is required to include written opinions from biological parents with People’s Committees of communes’ confirmations; written consent of householder and family register of the householder.
5. Declaration form for participating in social insurance according to prescribed forms;
Article 7. Documentation (joint execution of administrative procedures) for registration of births and health insurance
Persons who choose joint execution of administrative procedures for registration for births, health insurance to children under six must make submission of papers as prescribed in Clauses 1, 2, 5, Article 6 of this Joint Circular.
Article 8. Submission of documentation with joint execution of administrative procedures
1. Any individual that chooses joint execution of administrative procedures must hand in one set of documentation as prescribed in Articles 6, 7 of this Joint Circular at People’s Committees of communes.
2. Any individual that chooses joint execution of administrative procedures and can not make the People’s Committee of commune for submission of the documentation can empower other persons to do instead. Empowerment can be done according to applicable regulations.
Article 9. Receipt of documentation
1. Judicial, civil status officers of People’s Committees of communes upon receipt of the documentation shall be responsible for inspecting the documentation, and providing guidance to residents on choice and registration for prime medical examination and treatment facilities in reliance on the lists of prime medical examination and treatment facilities provided by social insurance agencies. Instructions must be accurate, adequate and explicit.
2. In case individuals are yet to have birth registration forms, notice of change of population, registration form for social insurance, judicial, civil status officers shall provide such forms as prescribed.
3. In case documentation is adequate and meets the provisions set out in Articles 6, 7 of this Joint Circular, judicial, civil status officers shall be responsible for receiving the documentation and collecting fees for registration of permanent residence to children (if any); issuing a receipt of documentation and an appointment note. The appointment note must specify residents’ requirements, papers included in documentation and the date for returning results.
4. In case requests for joint execution of administrative procedures are not within the competence of the agencies as prescribed hereof, judicial, civil status officers thereto shall be responsible for providing specific explanations and instructions to the residents.
Article 10. Registration for births, formulation and transfer of documentation of registration for permanent residence and health insurance at People’s Committees of communes;
1. Upon receipt of documentation, judicial, civil status officers of People’s Committees of communes shall carry out settlement of the registration within the day; any documentation that is received after 15 hours and can not be settled within the day shall be handled in the following day.
2. Upon completion of birth registration, judicial, civil status officers of People’s Committees of communes shall:
a) Formulate documentation of registration for permanent residence to children under six including papers prescribed in Clauses 3, 4, Article 6 hereof and copy of birth certificate;
b) Formulate documentation for issuance of health insurance cards to children under six including registration form for health insurance, lists of children (under six) proposed for issuance of health insurance cards issued by People’s Committees of communes according to prescribed forms;
3. People’s Committees of communes shall be responsible for transferring documentation and permanent residence registration fees to competent agencies for residence registration as prescribed in Clause 2, Article 4 hereof, and transferring documentation to the Social insurance organization of district level for issuance of health insurance cards. Depending on actual conditions, People’s Committees of communes shall transfer information about social insurance participants to Social Insurance agencies of district level in advance through electronic network.
Article 11. Settling registration for permanent residence to children under six
1. Upon receipt of documentation and permanent residence registration fees (if any) transferred to by People’s Committees of communes, the competent agencies for residence registration shall carry out inspection of legitimacy and adequacy of documentation. In case the documentation and fees are sufficient and meet the provisions set out hereof, within 15 days since receipt of adequate documentation, residence registration agencies shall register permanent residence to children and return results along with receipt of fees (if any) to People’s Committees of communes for returning to residents. Persons charged with transfer of documentation from People’s Committees of communes shall be responsible for inspecting information written in familiy register and countersign logbook for handling.
2. In case documentation is found improper, upon receipt of the documentation, residence registration agencies shall issue a written notice to People’s Committees of communes for completion of the documentation as prescribed and returning it to residence registration agencies for registration.
3. In case the documentation fails to meet the conditions for permanent residence registration, residence registration agencies shall issue a written notice and return the documentation to People’s Committees of communes for handling as prescribed.
Article 12. Issuance of health insurance cards to children under six at district-level social insurance agencies
1. District-level social insurance agencies shall be responsible for providing and posting the lists of medical examination and treatment facilities at People’s Committees of communes.
2. Upon receipt of the documentation transferred by People’s Committees of communes, district-level social insurance agencies shall be responsible for inspection of the documentation. In case the documentation is adequate and meets the requirements, within 10 working days since receipt of adequate documentation, district-level social insurance agencies shall carry out issuance of health insurance cards to children and transfer to People’s Committees of communes through the single-window department of district-level social insurance agencies. Depending on actual conditions and situations, local governmental agencies may choose to transfer health insurance cards to People’s Committees of communes in other manners as appropriate.
3. In case documentation is found improper, upon receipt of the documentation, district-level social insurance agencies shall make a written notice to People’s Committees of communes for completion of the documentation as prescribed and returning it to district-level social insurance agencies for issuance of health insurance cards to children. In case the documentation is received after 15 hours, notification shall be made in the following day.
Article 13. Time limit for completion of documentation
Upon receipt of notification from residence registration agencies, social insurance agencies regarding inadequacy or ineligibility of the documentation, within two working days at the latest, the judicial, civil status officers of People’s Committees of communes shall be responsible for conducting inspection, examination and completion of the documentation or making contact with residents for completion of the documentation; after that the documentation shall be transferred to competent agencies for permanent residence registration, then transferred to district-level social insurance agencies for issuance of health insurance cards to children under six.
Article 14. Time limit for joint execution of administrative procedures and receipt of results
1. Time limit for joint execution of administrative procedures is calculated from the date People’s Committees of communes receive documentation, issue the receipt and appointment note to residents; in case results of handling documentation are not available due to fulfillment of the documentation, People’s Committees of communes shall be responsible for making public announcement to residents.
2. Time limit for joint execution of administrative procedures as follows:
a) Time limit for joint execution of administrative procedures for registration for births, permanent residence, issuance of health insurance cards to children under six does not exceed 20 working days since documentation is fully submitted as prescribed.
b) Time limit for joint execution of administrative procedures for registration for births, issuance of health insurance cards to children under six does not exceed 15 working days since documentation is fully submitted as prescribed.
c) In case documentation is found improper or fails to meet the requirements and it takes People’s Committees of communes some time to fulfill at the request of residence registration agencies, social insurance agencies, the time limit for handling may be extended for another two working days.
d) For communes lying at least 50 km distant from district-level social insurance agencies or residence registration agencies, facing difficulties in traveling, no internet connection being set up, the time limit for returning results is extended for another five working days at the maximum.
dd) Depending on actual situations, local governmental agencies can stipulate time limit for joint execution of administrative procedures being shorter than maximum time limit as prescribed in Points a, b, c, d of this Clause.
3. Residents who have made submission of documentation (hereinafter referred to as applicants) must come to People’s Committees of communes for receiving results of joint execution of administrative procedures. Applicants who request receipt of results through EMS should make registration with People’s Committees of communes and pay a fee for such service.
4. if applicants request receipt of results direct from competent agencies, when making submission of documentation to People’s Committees of communes, they must give specific requests on the appointment note to be able receive results as requested at competent agencies.
Article 15. Budget for joint execution of administrative procedures
1. Budget for joint execution of administrative procedures shall be guaranteed by state budget according to applicable regulations on decentralization of state budget and other legal sources.
2. Annually, in reliance on the assigned tasks as prescribed hereof, agencies, units shall formulate cost estimates for joint execution of administrative procedures for incorporation into the cost estimates of agencies, units, then make submission to financial agencies for compiling and submission to competent authorities for allocation of budget; at the same time be able to seek sponsorships of organizations, individuals at home and abroad according to the law provisions.
Tìm kiếm
Thông tư liên tịch 05/2015/TTLT-BTP-BCA-BYT (Bản Word)
Thông tư liên tịch 05/2015/TTLT-BTP-BCA-BYT (Bản Pdf)
