Decree No. 153/2006/NĐ-CP stipulates on medical examination and treatment and material standards for healthcare for personnel engaged in confidential work; implements mandatory health insurance for their dependents.

DECREE

Regulations on medical examination, treatment, and material standards for healthcare

for personnel engaged in confidential work; implementation of mandatory health insurance for relatives of personnel engaged in confidential work

Based on the Confidential Work Ordinance dated April 4, 2001;

_________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Director of the Government Confidential Work Board.

Scope and regulated subjects

DECREE:

PART I

GENERAL PROVISIONS

Article 1. 1. This Decree stipulates regulations on medical examination, treatment, and material standards for healthcare for personnel engaged in confidential work; implementation of mandatory health insurance for relatives of personnel engaged in confidential work.

2. Personnel engaged in confidential work as specified in this Decree include:

a) Personnel engaged in confidential work who are officers and non-commissioned officers working at the Government Confidential Work Board;

b) Personnel engaged in confidential work receiving salaries according to the pay scale for officer ranks of the People's Army and the non-commissioned officer pay scale of the People's Army, but not being military or police personnel.

3. Relatives of personnel engaged in confidential work who are officers working at the Government Confidential Work Board and personnel engaged in confidential work receiving salaries according to the pay scale for officer ranks of the People's Army not participating in other mandatory health insurance schemes include the following categories: biological father, biological mother; father-in-law, mother-in-law; adoptive father, adoptive mother of the individual, spouse’s parents; spouse; biological children, adopted children under 18 years old; biological children, adopted children aged 18 or older but disabled and unable to work as defined by law.

4. Personnel engaged in other confidential work positions receiving salary and defense-security allowances, and confidential students receiving responsibility protection allowances for secret code (coefficient 0.1) are not within the scope of regulation of this Decree, and shall be subject to medical examination and treatment procedures applicable to defense workers and lower-ranking military personnel.

Medical Examination and Treatment System

Article 2. 1. Personnel engaged in confidential work are entitled to health care and medical examination and treatment at military healthcare facilities; when ill and far from military hospitals or suffering from diseases that military hospitals cannot treat, they may seek medical examination and treatment at civilian healthcare facilities.

2. Relatives of personnel engaged in confidential work as specified in Clause 3, Article 1 of this Decree shall implement mandatory health insurance as prescribed for the category specified in Clause 8, Article 3 of the Health Insurance Regulation issued together with Decree No. 63/2005/NĐ-CP dated May 16, 2005 of the Government.

Principles for Ensuring Material Standards for Healthcare for Personnel Engaged in Confidential Work

Article 3. Personnel engaged in confidential work are guaranteed material standards, disease prevention, medical examination, treatment, and health care based on the following principles:

1. Ensuring the satisfaction of regular living needs, training, field exercises, and readiness to perform assigned tasks;

2. Being consistent with the requirements and tasks of confidential work activities, economic and social conditions, and state budget capabilities during each period.

REGULATIONS ON MEDICAL EXAMINATION AND TREATMENT AND MATERIAL STANDARDS FOR HEALTHCARE FOR PERSONNEL ENGAGED IN CONFIDENTIAL WORK

3. Being consistent with overall development trends and specific characteristics of each region, locality, and particular group.

Chapter II

Management and Registration for Medical Examination and Treatment

The management and registration for medical examination and treatment for personnel engaged in confidential work shall be applied and implemented according to current regulations for military personnel.

Article 4. Medical Examination and Treatment System and Specific Provisions

Personnel engaged in confidential work are entitled to periodic health check-ups and medical examination and treatment at military hospitals like military personnel of the same rank and equivalent salary level.

Article 5. 1. The referral system for medical treatment at military hospitals for personnel engaged in confidential work is based on their location, military rank, and equivalent salary level as follows:

a) Military ranks and equivalent salaries from Major and above can be examined and treated at hospitals: Central Military Hospital 108/Military Region 1, 175/Military Region 1, Military Traditional Medicine Institute/Military Region 1, 17/Military Region 5; officers from Colonel rank and equivalent salaries and above can be examined and treated at high-level officer facilities;

b) Other individuals can be examined and treated at hospitals: 175/Military Region 1, 103/Military Academy of Medical Sciences, 354/Logistics General Department, 17/Military Region 5.

2. When exceeding the capacity for treatment, hospitals are permitted to transfer patients to higher-level hospitals within the military treatment system or civilian hospitals with the capability to treat them.

3. When falling ill or having accidents while on duty or leave, they can seek medical examination and treatment at the nearest military or police hospital. In areas without military or police medical examination and treatment levels, they can seek medical examination and treatment at civilian healthcare facilities.

Documents and Procedures for Medical Examination and Treatment

When seeking medical examination and treatment at registered hospitals, personnel engaged in confidential work must present the following documents:

Article 6. 1. A medical examination and treatment referral letter issued by the unit's health department, signed by the head of the agency or organization employing the personnel engaged in confidential work and stamped;

2. In cases of emergency treatment at non-registered hospitals, all necessary procedures as specified in Clause 1 of this Article must be completed within the latest five working days from the date of admission.

Material Standards for Healthcare

1. Standards for commonly used medicines, consumable materials, chemicals used in healthcare, equipment, and medical supplies; hygiene miscellaneous expenses for personnel engaged in confidential work are specifically detailed in the list attached to this Decree.

Article 7. 2. Annually, when there are changes in the value of material standards for healthcare, the Government Confidential Work Board will coordinate with the Ministry of Finance to adjust them appropriately.

REGULATIONS ON MANDATORY HEALTH INSURANCE FOR RELATIVES OF PERSONNEL ENGAGED IN CONFIDENTIAL WORK

Implementation of Mandatory Health Insurance for Relatives of Personnel Engaged in Confidential Work

Chapter III

HEALTH INSURANCE REGIME FOR RELATIVES OF PERSONS ENGAGED IN CRUCIAL ADMINISTRATIVE WORK

IMPLEMENTATION OF COMPULSORY HEALTH INSURANCE FOR RELATIVES OF PERSONS ENGAGED IN CRUCIAL ADMINISTRATIVE WORK

Article 8. IMPLEMENTATION OF COMPULSORY HEALTH INSURANCE FOR RELATIVES OF PERSONS ENGAGED IN CRUCIAL ADMINISTRATIVE WORK

Relatives of individuals engaged in confidential work as stipulated in Clause 3, Article 1 of this Decree shall be entitled to mandatory health insurance benefits. When such individuals retire, transfer to another field, resign, are disciplined out of the confidential sector, or die, their relatives shall only be entitled to mandatory health insurance benefits as prescribed in this Decree until the expiry date of the health insurance cards issued to them.

Article 9. Premiums and sources for health insurance contributions

1. The monthly contribution rate for health insurance for relatives of individuals engaged in confidential work shall be three percent of the current minimum wage.

2. The State budget shall ensure the source of health insurance contributions for relatives of individuals engaged in confidential work as stipulated in Clause 3, Article 1 of this Decree, which shall be allocated annually in the state budget estimate for the Government Confidential Service Agency, state agencies, organizations, and units directly managing individuals engaged in confidential work.

Article 10. Health examination and treatment benefits under health insurance

Relatives of individuals engaged in confidential work who are issued health insurance cards pursuant to this Decree shall enjoy health examination and treatment benefits in accordance with the Health Insurance Regulations promulgated together with Decision No. 63/2005/NĐ-CP dated May 16, 2005 of the Government.

Article 11. Management and issuance of health insurance cards for medical examinations and treatments

1. The management of relatives of individuals engaged in confidential work who are entitled to mandatory health insurance benefits shall be the responsibility of the agency, organization, or unit directly managing individuals engaged in confidential work at that agency, organization, or unit.

2. Individuals engaged in confidential work shall have the responsibility to register with the agency, organization, or unit directly managing them regarding the place of residence and the healthcare facility registered for health insurance examination and treatment of their relatives. When the relatives of individuals engaged in confidential work no longer meet the criteria for health examination and treatment benefits as prescribed in this Decree, the individuals engaged in confidential work must promptly report to the agency, organization, or unit directly managing them for resolution in accordance with regulations.

3. The purchase and issuance of health insurance cards for relatives of individuals engaged in confidential work shall be the responsibility of the agency, organization, or unit directly managing individuals engaged in confidential work in accordance with current regulations.

Article 12. Documents for issuing health insurance cards

1. Initial documents for issuing health insurance cards:

a) A declaration form by individuals engaged in confidential work on their relatives entitled to health insurance, confirmed by the agency, organization, or unit directly managing individuals engaged in confidential work;

b) A list of applications for purchasing health insurance cards for relatives of individuals engaged in confidential work residing in the same area and not in the same working area (province, centrally governed city) signed and stamped by the head of the agency, organization, or unit directly managing individuals engaged in confidential work.

2. Documents for issuing health insurance cards in subsequent years:

a) A declaration form by individuals engaged in confidential work when there are changes or additions to their relatives entitled to health insurance benefits;

b) A list of applications for purchasing health insurance cards for relatives of individuals engaged in confidential work residing in the same area and not in the same working area (province, centrally governed city), based on the initial list adjusted and supplemented with the number of relatives increased or decreased in that year, signed and stamped by the head of the agency, organization, or unit directly managing individuals engaged in confidential work.

Article 13. Procedures for registration, time for registration, purchase, and issuance of health insurance cards

1. Procedures for registering to purchase health insurance cards:

a) Individuals engaged in confidential work shall prepare a declaration form on their relatives entitled to health insurance benefits and register primary healthcare facilities for their relatives;

b) Agencies, organizations, or units directly managing individuals engaged in confidential work shall prepare a list of applications for purchasing health insurance cards for relatives of individuals engaged in confidential work residing in the same area and not in the same working area to organize the purchase of health insurance cards.

2. Time for registration for health examination and treatment; purchase and issuance of health insurance cards: declarations for registering healthcare facilities for health insurance for relatives of individuals engaged in confidential work shall be made in September; the purchase and issuance of health insurance cards for relatives of individuals engaged in confidential work shall be completed in December of the previous year.

3. Responsibilities of individuals engaged in confidential work, relatives of individuals engaged in confidential work, and agencies, organizations, or units directly managing individuals engaged in confidential work in the declaration, registration for health examination and treatment; purchase and issuance of health insurance cards for relatives of individuals engaged in confidential work:

a) For individuals engaged in confidential work:

- To declare about relatives entitled to health insurance benefits according to the prescribed format by the competent authority responsible for health insurance; to register primary healthcare facilities and bear responsibility for the truthfulness of the declaration;

- To deliver health insurance cards to relatives residing in the same area and monitor the issuance of health insurance cards to relatives residing in different areas (province, centrally governed city);

- In cases where relatives live with multiple individuals engaged in confidential work, the registration and purchase of health insurance cards shall be carried out as follows:

+ If relatives reside with an individual engaged in confidential work, that person shall declare and register;

+ If relatives reside with multiple individuals engaged in confidential work, they shall be registered in the following order: sons, daughters, daughters-in-law, sons-in-law, adopted children (if in the same generation, the eldest child shall declare and register);

+ If both parents are individuals engaged in confidential work, the mother shall declare and register for the children;

+ If relatives of one or more individuals engaged in confidential work do not reside with those individuals, the eldest child among the individuals engaged in confidential work shall be responsible for declaring and registering.

- Quarterly, individuals engaged in confidential work shall report to the head of the agency, organization, or unit directly managing them on any changes in relatives entitled to health insurance benefits (if any); report to the head of the agency, organization, or unit on the registration for purchasing, receiving health insurance cards, and health examination and treatment of relatives at the registered healthcare facility.

b) As for the relatives of personnel engaged in confidential work:

- Relatives of personnel engaged in confidential work residing outside the same administrative area (province, centrally administered city) as the personnel will be notified to the People's Committee of the commune, ward, town where the relative resides to receive the Health Insurance card;

- Safeguard and maintain the Health Insurance card for medical examination and treatment; if any errors, loss, or theft of the Health Insurance card is discovered, report it to the People's Committee of the commune, ward, town where they reside to report to the competent authority for review and issuance of a new card.

c) As for the agencies, organizations, and units managing personnel engaged in confidential work:

Propagate, implement, and guide the registration of initial medical examination and treatment locations for the relatives of personnel engaged in confidential work in accordance with this Decree.

Chapter IV

RESPONSIBILITIES OF MINISTRIES AND SECTORS

AND ORGANIZATIONS ENGAGED IN CONFIDENTIAL WORK AT ALL LEVELS

Article 14. Responsibilities of Ministries, agencies at the ministerial level, and government agencies

1. The Ministry of Health shall be responsible for coordinating with the Vietnam Social Security to implement the mandatory Health Insurance regime for the relatives of personnel engaged in confidential work in accordance with this Decree and the laws on Health Insurance; guiding the procedures and documents for medical examination and treatment for the relatives of personnel engaged in confidential work at healthcare facilities that have signed health insurance medical examination and treatment contracts with the provincial or centrally administered city-level Social Security agency.

2. The Ministry of Finance shall be responsible for ensuring the timely and full provision of budgetary resources for the implementation of this Decree in accordance with the law.

3. The Ministry of National Defense shall be responsible for leading and coordinating with the Government Confidentiality Office and related agencies to guide and organize the implementation of medical examination and treatment for personnel engaged in confidential work and their relatives under the Government Confidentiality Office and agencies, organizations, and units directly subordinate to ministries, sectors, and localities using personnel engaged in confidential work in accordance with this Decree.

4. Agencies, organizations, and units directly managing personnel engaged in confidential work shall be responsible for coordinating with the Government Confidentiality Office to guide and organize the implementation of medical examination and treatment for personnel engaged in confidential work and their relatives in accordance with this Decree.

5. Based on the provisions of this Decree, the Vietnam Social Security shall guide agencies, organizations, and units employing personnel engaged in confidential work to purchase and issue Health Insurance cards for the relatives of personnel engaged in confidential work in accordance with the prescribed regulations and timeframes.

Article 15. Responsibilities of organizations engaged in confidential work at all levels

1. The Government Confidentiality Office shall be responsible for:

a) Based on the treatment lines of the Ministry of National Defense for personnel engaged in confidential work, the Government Confidentiality Office shall be responsible for registering the signatures of unit heads and health officers, unit seals, and letters of introduction. When there are changes in personnel, seals, and letters of introduction, promptly notify the hospitals;

b) Issuing letters of introduction for medical examination and treatment at registered hospitals for individuals under the Government Confidentiality Office. The issuance of letters of introduction for medical examination and treatment must ensure accuracy regarding the person and the object according to the regulations and bear full legal responsibility for these documents.

2. Agencies, organizations engaged in confidential work at all levels within ministries, sectors, and localities shall be responsible for coordinating with the provincial or centrally administered city-level Social Security agency to monitor the organization of medical examination and treatment for personnel engaged in confidential work; resolving issues related to registration of medical examination and treatment locations, purchasing and issuing Health Insurance cards for the relatives of personnel engaged in confidential work within their management scope.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Handling of violations

1. The medical examination and treatment rights of personnel engaged in confidential work and their relatives stipulated in this Decree shall be revoked if fraudulent documents and files are discovered and do not comply with current laws.

2. Agencies, organizations, units, and individuals violating the provisions of this Decree shall be subject to disciplinary action, administrative handling, reimbursement of medical examination and treatment costs, or criminal liability depending on the nature and severity of the violation.

Article 17. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 18. Responsibility for Implementation

Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial and centrally administered city-level People's Committees, and heads of agencies, organizations, and units using confidential services are responsible for implementing this Decree./.