Joint Circular No. 05/2015/TTLT-BTP-BCA-BYT guiding the implementation of interlinked administrative procedures for birth registration, permanent residence registration, and issuance of health insurance cards for children under six years old.

CIRCULARJOINT CIRCULAR

Hguiding the implementation of interlinked administrative procedures for birth registration,residence registration, issuance of health insurance cards for children under six years old

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Pursuant to the Law on Residence 2006 amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Law on Residence 2013;

Pursuant to the Health Insurance Law 2008 amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Health Insurance Law 2014;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on registration and management of civil status records;

Pursuant to Decree No. 06/2012/NĐ-CP dated December 2, 2012 of the Government amending and supplementing certain provisions of the decrees on civil status records, marriage and family, and notarization;

The Minister of the Ministry of Science and Technology issues this Circular on the issuance of National Technical Regulations on Radioactive Waste Containing Naturally Occurring Radioactive Materials.The Minister of Justice, the Minister of Public Security, and the Minister of Health issue this Joint Circular guiding the implementation of interlinked administrative procedures for birth registration, residence registration, issuance of health insurance cards for children under six years old.This Joint Circular guides the principles, files, procedures, and responsibilities of state agencies, officials, civil servants, and employees related to receiving, transferring, processing, and delivering results during the implementation of interlinked administrative procedures for birth registration, residence registration, issuance of health insurance cards for children under six years old or birth registration and issuance of health insurance cards for children under six years old (hereinafter referred to collectively as interlinked administrative procedures) when the birth registration for children under six years old falls within the jurisdiction of the People's Committee of communes, wards, towns (hereinafter referred to collectively as the People's Committee of communes).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 3. Principles for Implementing Interlinked Administrative Procedures

Article 2. Applicability

These joint circulars apply to:

1. Compliance with the provisions of this Joint Circular and other relevant legal documents.

2. Individuals requesting the implementation of interlinked administrative procedures have the right to choose whether to apply or not apply for the implementation of interlinked administrative procedures.

3. Creating favorable conditions and reducing costs for individuals in the process of birth registration, residence registration, and issuance of health insurance cards for children under six years old.

4. Ensuring timely completion within the prescribed legal deadlines.

Article 4. Agencies Implementing Interlinked Administrative Procedures

1. The People's Committee of communes registers birth for children under six years old.

2. Agencies registering residence for children under six years old, specifically as follows:

a) Police stations of communes, towns under districts of provinces register permanent residence for children under six years old in the commune, town areas of districts under provinces;

b) Police stations of provincial cities, centrally-administered municipalities under provinces register permanent residence for children under six years old in the provincial city, centrally-administered municipality areas under provinces;

c) Police stations of districts, counties, provincial cities under centrally-administered municipalities register permanent residence for children under six years old in the district, county, provincial city areas under centrally-administered municipalities.

3. Social Insurance Departments at the county, town, provincial city level, Social Insurance Departments at the district, county, provincial city level under centrally-administered municipalities (hereinafter referred to collectively as Social Insurance Departments at the county level) issue health insurance cards for children under six years old.

4. Agencies authorized to implement interlinked administrative procedures as stipulated in Clauses 1, 2, and 3 of this Article must be located within the same county, town, provincial city under a province or within the same district, county, provincial city under a centrally-administered municipality.

b) The police of a town under a province shall register permanent residence for children under six years old within the town under that province;

c) The police of a district, town under a centrally governed city shall register permanent residence for children under six years old within the district, town under that centrally governed city.

3. Social Insurance of a district, town, city under a province, Social Insurance of a district, district, town under a centrally governed city (hereinafter referred to collectively as Social Insurance at the district level) shall issue health insurance cards for children under six years old.

4. Authorities with jurisdiction implementing interlinked administrative procedures prescribed in Clauses 1, 2, and 3 of this Article must all be within the same district, town, city under a province or within the same district, town under a centrally governed city.

Article 5. Responsibilities of the agency implementing interlinked administrative procedures

1. The People's Committee at the commune level is the focal point for receiving files, delivering results of interlinked administrative procedure resolutions; it is responsible for the completeness and validity of the files for interlinked administrative procedures; registering births for children under six years old; establishing and transferring files to the competent authority for permanent residence registration and the Social Insurance Office at the district level to issue health insurance cards for children under six years old.

2. The registration authority specified in Clause 2, Article 4 of this Joint Circular and the Social Insurance Office at the district level are responsible for handling administrative procedures within their jurisdiction.

Chapter II

FILES, PROCEDURES FOR RECEIVING, TRANSFERRING, HANDLING AND DELIVERING RESULTS OF IMPLEMENTATION OF INTERLINKED ADMINISTRATIVE PROCEDURES

Article 6. Files for implementation of interlinked administrative procedures for birth registration, permanent residence registration, and issuance of health insurance cards

The files for implementation of interlinked administrative procedures for birth registration, permanent residence registration, and issuance of health insurance cards for children under six years old include the following documents:

1. Birth registration form according to the prescribed model.

2. Birth certificate issued by the healthcare facility where the child was born; if the child was born outside a healthcare facility, the birth certificate can be replaced with a confirmation document from a witness; in cases where there is no witness, the person registering the birth must provide a sworn statement confirming the actual birth. In cases where the child is abandoned, a report on the abandonment of the child shall be submitted instead of a birth certificate.

In cases of birth registration for children born through surrogacy, additional documentation proving the surrogacy arrangement as stipulated by law must be submitted.

3. Change of household registration and population notification form (according to the prescribed model).

4. Household register.

If the child has parents but does not register permanent residence with them and registers with another person, written consent from the parents, confirmed by the People's Committee at the commune level, and the household register of the head of the household must be provided.

5. Health insurance participation registration form according to the prescribed model.

Article 7. Files for implementation of interlinked administrative procedures for birth registration and issuance of health insurance cards

Individuals requesting the implementation of interlinked administrative procedures for birth registration and issuance of health insurance cards for children under six years old must submit the types of documents specified in Clauses 1, 2, and 5 of Article 6 of this Joint Circular.

Article 8. Submission of files for implementation of interlinked administrative procedures

1. Individuals requesting the implementation of interlinked administrative procedures must submit one set of files as prescribed in Articles 6 and 7 of this Joint Circular to the People's Committee at the commune level.

2. Individuals requesting the implementation of interlinked administrative procedures who do not have the conditions to directly submit files to the People's Committee at the commune level may authorize another person to submit on their behalf. Such authorization shall be carried out in accordance with current laws.

Article 9. Acceptance of Registration Documents

1. Judicial and Civil Registration Officers of the People's Committee at the commune level, upon receiving files, are responsible for checking the files; based on the list of primary healthcare facilities provided by the Social Insurance Office and posted at the People's Committee at the commune level, they guide citizens in selecting and registering primary healthcare facilities. The guidance must be accurate, complete, and clear.

2. In cases where citizens do not have the Birth Registration Form, Change of Household Registration and Population Notification Form, or Health Insurance Participation Registration Form, the Judicial and Civil Registration Officer provides these forms to the citizens according to the prescribed models.

3. In cases where the citizen's file is complete and meets the requirements of Articles 6 and 7 of this Joint Circular, the Judicial and Civil Registration Officer is responsible for receiving the file and temporarily collecting fees for registering permanent residence for the child (if applicable); issuing a receipt for the file and scheduling a time to deliver the result to the citizen. The delivery schedule must clearly state the citizen's request, the documents submitted in the file, and the time for delivering the result of the interlinked administrative procedures.

4. In cases where the request for implementation of interlinked administrative procedures does not fall within the jurisdiction of the agency to receive and handle according to this Joint Circular, the Judicial and Civil Registration Officer is responsible for explaining and guiding the citizen to the correct authority with jurisdiction as stipulated by law.

Article 10. Registration of birth, establishment and transfer of files for permanent residence registration and issuance of health insurance cards at the People's Committee of the commune level

1. Upon receiving the file, the judicial and household registrar of the People's Committee of the commune shall immediately register the birth on the same day; in cases where the file is received after 15:00 and cannot be processed on the same day, it shall be processed on the next working day.

2. After completing the birth registration, the judicial and household registrar of the People's Committee of the commune shall be responsible for:

a) Establishing the file for permanent residence registration for children under six years old including the types of documents specified in Clauses 3 and 4, Article 6 of this Joint Circular and a copy of the Birth Certificate;

b) Establishing the file for issuing health insurance cards for children under six years old including: Application for health insurance participation, list of requests for health insurance cards for children under six years old of the People's Committee of the commune according to the prescribed model.

3. The People's Committee of the commune shall be responsible for transferring the file and the fee for permanent residence registration to the competent authority for residence registration as stipulated in Clause 2, Article 4 of this Joint Circular, and transferring the file for issuing health insurance cards to the Social Insurance Office of the district. Depending on actual conditions, the People's Committee of the commune may forward the information of health insurance participants to the Social Insurance Office of the district through electronic networks.

Article 11. Processing of permanent residence registration for children under six years old

1. Upon receiving the file and the fee for permanent residence registration (if applicable) transferred from the People's Committee of the commune, the competent authority for residence registration shall check the legality and completeness of the file. In cases where the file and the fee are complete and comply with regulations, within fifteen days from the date of receipt of all necessary documents, the residence registration authority shall process the permanent residence registration for the child and return the result of the permanent residence registration along with the receipt for the fee for permanent residence registration (if applicable) to the People's Committee of the commune for delivery to the people. The person assigned to transfer the file of the People's Committee of the commune shall be responsible for checking the information recorded in the Household Register and signing to acknowledge the record in the tracking book.

2. In cases where the file does not comply with regulations, upon receiving the file, the residence registration authority shall notify the People's Committee of the commune to complete the file in accordance with regulations and resubmit it to the residence registration authority for the permanent residence registration of the child.

3. In cases where the file does not meet the conditions for permanent residence registration, the residence registration authority shall issue a written response together with the file returned to the People's Committee of the commune for handling in accordance with regulations.

Article 12. Issuance of health insurance cards for children under six years old at the Social Insurance Office of the district

1. The Social Insurance Office of the district shall be responsible for providing a list of primary healthcare facilities for public display at the People's Committee of the commune.

2. Upon receiving the file transferred from the People's Committee of the commune, the Social Insurance Office of the district shall be responsible for checking the received file. In cases where the file is complete and complies with regulations, within ten working days from the date of receipt of all necessary documents, the Social Insurance Office of the district shall issue the health insurance card for the child and deliver it to the People's Committee of the commune at the One-Stop Service Center of the Social Insurance Office of the district. Depending on actual conditions and circumstances, localities may choose other appropriate methods for delivering the health insurance card to the People's Committee of the commune.

3. In cases where the file is incomplete or does not comply with regulations, upon receiving the file, the Social Insurance Office of the district shall notify the People's Committee of the commune to complete the file and resubmit it to the Social Insurance Office of the district for the issuance of the health insurance card for the child. In cases where the file is received after 15:00, the notification shall be made on the next working day.

Article 13. Time limit for completing the dossier

After receiving the notification from the registration authority or the Social Insurance agency regarding the incompleteness or non-compliance with regulations of the dossier, within the latest two working days, the judicial-civil registrar of the People's Committee at the commune level shall be responsible for checking, reviewing, self-completing the dossier or contacting the citizen to request completion of the dossier; thereafter, transferring the dossier back to the competent authority for permanent residence registration, and transferring it back to the Social Insurance office at the district level to issue health insurance cards for children under six years old.

Article 14. Time limit for implementing interlinked administrative procedures and receiving results

1. The time limit for implementing interlinked administrative procedures is calculated from the date when the People's Committee at the commune level receives the dossier, issues the receipt of the dossier, and sets the date for returning the result to the citizen; in cases where there is no result on the scheduled date due to the need to complete the dossier, the People's Committee at the commune level shall be responsible for informing the citizen and rescheduling the date for returning the result.

2. The specific time limits for implementing interlinked administrative procedures are as follows:

a) The maximum time limit for implementing interlinked administrative procedures for birth registration, permanent residence registration, and issuing health insurance cards for children under six years old is twenty working days from the date of submitting the complete dossier according to regulations.

b) The maximum time limit for implementing interlinked administrative procedures for birth registration and issuing health insurance cards for children under six years old is fifteen working days from the date of submitting the complete dossier according to regulations.

c) In cases where the dossier is incomplete or non-compliant and the People's Committee at the commune level must complete the dossier based on the requirements of the registration authority or the Social Insurance agency, the processing time may be extended by up to two additional working days.

d) For communes located more than fifty kilometers away from the headquarters of the Social Insurance office at the district level or the registration authority, with difficult transportation and without internet connectivity, the time limit for returning the result may be extended but not exceeding five additional working days.

đ) Based on actual conditions, localities may specify shorter time limits for implementing interlinked administrative procedures than those specified in points a, b, c, and d of this Clause.

3. The person submitting the dossier to the People's Committee at the commune level where the dossier was submitted shall come to receive the results of the interlinked administrative procedures. If the person submitting the dossier requests to receive the results of the interlinked administrative procedures through delivery service, they shall register with the People's Committee at the commune level and pay the delivery service fee.

4. In cases where the person submitting the dossier requests to directly receive the results of each type of procedure at the competent authority, they must specifically request this to be recorded on the appointment slip when submitting the dossier to the People's Committee at the commune level, and the person submitting the dossier will directly receive the results according to their request at the competent authorities.

Article 15. Funding for Implementing Interlinked Administrative Procedures

1. The funding for implementing interlinked administrative procedures is guaranteed by the state budget according to current regulations on state budget decentralization and other legitimate sources of funding.

2. Annually, based on the assigned tasks in this Circular, agencies and units shall prepare the budget estimate for implementing interlinked administrative procedures to be included in their overall budget estimates and submitted to the financial department for consolidation and submission to the competent authority for allocation of funds; at the same time, they may mobilize financial support from domestic and foreign organizations and individuals in accordance with the law.

Chapter III

RESPONSIBILITIES FOR IMPLEMENTING INTERLINKED ADMINISTRATIVE PROCEDURES

Article 16. Responsibilities of the Ministry of Justice

1. Directing, inspecting, and guiding the implementation of interlinked administrative procedures within the scope of their administrative management.

2. Taking the lead and coordinating with the Ministry of Public Security, the Ministry of Health, and the Vietnam Social Insurance to review and summarize the implementation of interlinked administrative procedures.

3. Reporting periodically and ad hoc as required by the competent authority.

Article 17. Responsibilities of the Ministry of Public Security, the Ministry of Health, and the Vietnam Social Security

1. Directing, inspecting, and guiding the implementation of interlinked administrative procedures within the scope of their administrative management.

2. Coordinate with the Ministry of Justice and relevant ministries and sectors to review and summarize the implementation of interlinked administrative procedures.

3. Reporting periodically and ad hoc as required by the competent authority.

Article 18. Responsibilities of the People's Committees of provinces and centrally governed cities, People's Committees of districts, towns, and provincial-level cities

1. Organize the implementation of interlinked administrative procedures at the local level.

2. Organize training and provide guidance on business operations for officials, civil servants, and employees implementing interlinked administrative procedures within their jurisdiction.

3. Inspect and promptly address any difficulties or obstacles arising during the implementation of interlinked administrative procedures at the local level.

4. Create favorable conditions regarding funding and physical infrastructure to implement interlinked administrative procedures in accordance with the local budgetary conditions.

5. Report periodically or ad hoc as required by competent authorities.

Article 19. Responsibilities of Commune-level People's Committees

1. Organize the implementation of interlinked administrative procedures at the local level.

2. Assign personnel with sufficient qualifications and capabilities to implement interlinked administrative procedures at the local level.

3. Provide favorable conditions for investment in equipment and physical infrastructure, supporting officials and civil servants in implementing interlinked administrative procedures in accordance with the local budgetary conditions.

4. Publicly post the procedures for implementing interlinked administrative procedures at the Commune-level People's Committee, service fees, and lists of primary healthcare facilities provided by the Social Insurance agency.

5. Timely report to higher-level People's Committees about any difficulties or obstacles arising during the implementation of interlinked administrative procedures for consideration and guidance in resolving them.

6. Annually, based on guidance from higher-level People's Committees, prepare a budget estimate for implementing interlinked administrative procedures, consolidate it into the overall budget of their own agency, and submit it to the financial authority for consolidation and presentation to the competent authority for allocation of funds.

7. Report periodically or ad hoc as required by competent authorities.

Chapter IV

IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Circular takes effect from July 1, 2015.

Article 21. Responsibility for Implementation

1. Heads of agencies and units under the Ministry of Justice, the Ministry of Public Security, the Ministry of Health; Chairpersons of People's Committees at all levels, Directors of Departments of Justice, Directors of Social Insurance, Directors of Public Security of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Joint Circular.

2. In the course of implementation, if there are any difficulties or obstacles, organizations and individuals shall report to the Ministry of Justice (through the Administrative Procedure Control Department), the Ministry of Public Security (through the Police General Corps), and the Ministry of Health (through the Legal Affairs Department) for timely guidance./.