JOINT CIRCULAR No. 22/2003/TTLT-BQP-BLDTBXH-BYT-BTC Circular guiding the implementation of Decree No. 63/2002/ND-CP dated June 18, 2002 of the Government detailing regulations on medical examination and treatment for the relatives of serving officers

 

JOINT CIRCULAR

Guidelines for Implementing Decree No. 63/2002/NĐ-CP dated June 18, 2002 of the Government on Medical Examination and Treatment for Officers' Dependents Serving on Active Duty

To implement Decree No. 63/2002/NĐ-CP dated June 18, 2002 of the Government on Medical Examination and Treatment for Officers' Dependents Serving on Active Duty, the Joint Ministries of National Defense, Labor, Invalids and Social Affairs, Health, and Finance provide the following guidelines:

I-OBJECTS AND CONDITIONS:

1-Objects and Conditions for Application:

Officers' dependents serving on active duty (hereinafter referred to as officers' dependents) who do not have health insurance (BHYT) shall be entitled to medical examination and treatment under the provisions set forth in Decree No. 63/2002/NĐ-CP dated June 18, 2002 of the Government, including:

a) Parents, parents-in-law of officers serving on active duty (referred to as officers); adopted parents, legal guardians as provided by law of the officers' spouses;

b) Spouses of officers:

c) Biological children, adopted children (as provided by law) of officers under 18 years old, or children aged 18 or older but disabled and unable to work.

2-Cases Not Eligible for Application:

a) Officers' dependents specified in point a, b, Clause 1, Section 1 above who already have health insurance (BHYT) under one of the following circumstances:

- Civil servants, public officials, employees, and armed forces personnel receiving salaries from the state budget;

- Personnel working in people's representative bodies;

- Village-level cadres, ward-level cadres, town-level cadres (referred to as village-level cadres) receiving monthly living allowances;

- Persons with meritorious service to the revolution currently enjoying preferential benefits as stipulated in Decree No. 28/CP dated April 29, 1995 of the Government, including: persons who were engaged in revolutionary activities before August 1945; spouses, parents, and children of martyrs currently receiving monthly allowances; Heroes of the People's Armed Forces, Heroes of Labor, Mothers of Vietnam, persons with disabilities equivalent to those of war invalids with over 61% loss of labor capacity; persons who were engaged in revolutionary or anti-enemy resistance activities and were captured and imprisoned by the enemy; persons who helped the revolution and are currently receiving monthly allowances; persons receiving allowances for serving and the first two children under 18 years old of war invalids with over 81% loss of labor capacity.

- Personnel working in state-owned enterprises, including enterprises under the armed forces; economic organizations under administrative agencies, Party organizations, political-social organizations, foreign-invested enterprises; export processing zones, industrial parks; international organizations in Vietnam; non-state economic units purchasing health insurance cards for multiple workers;

- Persons currently receiving retirement benefits, disability benefits, compensation for work-related injuries, occupational diseases; monthly allowances for rubber plantation workers;

- Persons currently receiving social assistance and other individuals who have been issued health insurance cards.

b) Biological children, adopted children (as provided by law) of officers aged 18 or older who are not disabled and unable to work.

II-AMOUNT OF HEALTH INSURANCE CONTRIBUTIONS AND BENEFITS:

1-Amount of Health Insurance Contributions:

The amount of health insurance contributions for one officer's dependent as stipulated in Clause 1, Section 1 of this Circular shall be 3% of the minimum wage at the time of purchasing the health insurance card, guaranteed by the Ministry of National Defense from the state budget.

2-Benefits:

a) Officer's dependents meeting the conditions for health insurance benefits as stipulated above may choose to register for initial medical examination and treatment at one of the civilian, military hospitals, and other healthcare facilities that have signed contracts for medical examination and treatment with the Social Security agency (BHXH) within their residential area;

Officer's dependents may change their registration for initial medical examination and treatment at the end of each quarter according to the regulations of the local Social Security agency.

Officer's dependents holding health insurance cards are entitled to health insurance benefits when undergoing medical examination and treatment according to the laws on health insurance.

b) Health insurance cards are issued at the end of the previous year and are valid for one year; supplementary cards issued mid-year are valid for six months. In cases where one person is a dependent of multiple officers, only one health insurance card will be issued.

c) One hundred percent of medical examination and treatment costs according to hospital fees will be covered by the Social Security (health insurance).

d) Officer's dependents as stipulated in Clause 1, Section 1 of this Circular will cease to enjoy health insurance benefits from the following year when the officer ceases to serve on active duty or is no longer an officer on active duty.

III-FILES, PROCEDURES, AND RESPONSIBILITIES OF INDIVIDUALS, ORGANIZATIONS, AND LOCAL AUTHORITIES IN MANAGEMENT, REGISTRATION FOR MEDICAL EXAMINATION AND TREATMENT, AND ISSUANCE OF HEALTH INSURANCE CARDS

1-Basis for Issuing Health Insurance Cards:

- A declaration about eligible dependents for health insurance by the officer, confirmed by the head of the Brigade level or higher.

- "Certificate of Entitlement to Health Insurance Benefits for Officers' Dependents" (as stipulated in Section 1 of this Circular) issued by the unit managing the officer according to Clause 3 of this Section." 2-Procedures for Registration for Medical Examination and Treatment and Issuance of Health Insurance Cards:

- Individual officers prepare a declaration regarding the situation of eligible dependents for health insurance benefits; register the area for medical examination and treatment for dependents according to the provisions of this Circular.

- Division-level units, provincial military command, brigade, independent regiment, and equivalent units base on the list of eligible officers' dependents for health insurance benefits issue "Certificates of Entitlement to Health Insurance Benefits for Officers' Dependents" to each dependent of the officer for the officer to transfer to the dependent.

- Officers' dependents upon receipt of the "Certificate of Entitlement to Health Insurance Benefits for Officers' Dependents" sent by the officer, submit it to the district military command for listing and reporting to the county military command. The county military command compiles the number of officers' dependents in the districts, signs a contract with the county Social Security agency, purchases health insurance cards, and hands them over to the district military command to issue to officers' dependents." 3-Responsibilities of Individuals, Organizations, and Local Authorities in Managing and Registering for Medical Examination and Treatment for Officers' Dependents:

a) For Officers and Officers' Dependents:" - Officers prepare the initial declaration, register the place for medical examination and treatment for eligible dependents for health insurance benefits (Form No. 01); transfer the "Certificate of Entitlement to Health Insurance Benefits" issued by the unit to the dependent for submission to the district military command.

3- Individual responsibility, agencies, units, localities in managing and registering medical examinations and treatments for officers' dependents.

a) For officers and their dependents:

- Officers shall fill out the initial declaration form, register the place of medical examination and treatment for dependents who meet the conditions to enjoy health insurance benefits (form number 01); transfer the "Health Insurance Benefit Certificate"" issued by the unit to the dependent for submission to the People's Military Committee of the commune.

In case there are multiple officers serving in the military among the relatives, the following provisions shall apply:

+ If the relative has multiple children who are officers, the relative will be provided with and transferred the "Certificate for Enjoying Health Insurance Benefits" by the child with whom they reside; if not residing together, it shall follow the order: son, daughter, daughter-in-law, son-in-law; if there are two or more officers as children at the same rank or higher, the eldest child at that rank will be provided with and transferred the certificate to the relative." to be transferred to the dependent; if not living together, then in the following order: son, daughter, daughter-in-law, son-in-law; if there are two or more children who are officers at the same rank or higher, the eldest child will be issued and transferred the certificate to the dependent.

+ If both father and mother are officers, the mother will be issued the "Health Insurance Benefit Certificate" to be transferred to the child.

In cases where the above order cannot be followed, the person with the most favorable conditions shall be provided with the "Certificate for Enjoying Health Insurance Benefits" to transfer to the relative, but must submit a written explanation of the reasons and have it confirmed by the Head of the Unit before being resolved." Any request to transfer the certificate to the dependent must be made in writing with confirmation from the Unit Head to be processed.

- Officers shall report to their directly managing unit every six months on the situation of the relatives enjoying health insurance benefits (if applicable); reflect to the unit about receiving health insurance cards, medical examinations, and treatment of relatives in the locality;

- Shall bear legal responsibility for the truthfulness of the declaration regarding the situation of relatives enjoying health insurance benefits.

b) For units managing officers

- The Head of the Regiment-level unit and equivalent:

+ Propagate and guide officers to fill out declarations and register the areas for medical examination and treatment for relatives according to the provisions of this Circular;

+ Confirm the declarations of officers regarding relatives enjoying health insurance benefits (Form 01) and bear legal responsibility for the accuracy of such confirmation;

+ Compile a list of relatives of officers eligible for health insurance benefits (Form 02);

+ Aggregate the number of individuals meeting the eligibility criteria for health insurance benefits, classify them by area (Form 03), and report to the directly superior unit.

- Division, Provincial Military Command, Regiment, Independent Brigade, and equivalent:

+ Collect lists of relatives of officers enjoying health insurance benefits reported by subordinate units;

+ Aggregate the number of individuals, classify them by area (Form 03), and report to the Military Region, Corps, Main Force, Service Branch, Academy, and General Department (collectively referred to as subordinate units under the Ministry of National Defense);

+ Provide the "Certificate for Enjoying Health Insurance Benefits" to relatives of officers eligible for health insurance benefits once a year according to regulations (Form 04);

- Units under the Ministry of National Defense:

+ Direct and implement management, registration for medical examination and treatment according to the provisions of this Circular;

+ Aggregate the number of individuals, classify them by area (Form 03), and report to the Ministry of National Defense (through the Policy Bureau);

+ Direct local units under its authority to provide the "Certificate for Enjoying Health Insurance Benefits";"receive and issue health insurance cards to relatives of officers; settle the health insurance fund expenses according to regulations.

c) For the People's Military Command of the district

- Collect lists of relatives of officers at the commune level reported, accompanied by the "Certificate for Enjoying Health Insurance Benefits," aggregate the number of individuals, and contract with the Social Security Office of the district to purchase health insurance cards and hand over to the People's Military Command of the commune to issue to relatives of officers.

- Settle the health insurance fund expenses with the financial authority of the upper level according to regulations.

- Coordinate with the local Social Security Office, healthcare facilities to monitor, inspect, and resolve issues related to receiving and issuing health insurance cards and health insurance benefits for relatives of officers when seeking medical care and treatment.

In addition to the responsibilities mentioned above, the People's Military Command of the district shall perform tasks similar to those of the regiment-level unit managing officers.

d) For the People's Military Command of the commune:

- Collect "Certificates for Enjoying Health Insurance Benefits" sent back by officers to their relatives.

- Handle cases where multiple certificates for enjoying health insurance benefits are mistakenly issued to the same relative due to errors from multiple officers, ensuring that each relative receives only one health insurance card.

- Compile a list of relatives of officers enjoying health insurance benefits and report to the People's Military Command of the district (Form 05); receive and issue health insurance cards to relatives of officers.

đ) For functional agencies under the Ministry of National Defense:

- Personnel Department:

Direct personnel agencies at all levels to confirm the status of officers and their relatives based on officer files.

- Policy Department:

+ Direct and guide subordinate units under the Ministry of National Defense to implement registration for medical examination and treatment, receipt and issuance of health insurance cards to relatives of officers;

+ Aggregate the number of relatives of officers eligible for health insurance benefits, classify them by place of residence, report to the Ministry of National Defense for approval; coordinate with the Financial Department of the Ministry of National Defense to prepare budgets and allocate funds to units, and settle health insurance fund expenses according to regulations;

+ Take the lead in coordinating with relevant functional agencies to manage, inspect, and supervise the registration for medical examination and treatment, receipt and issuance of health insurance cards to relatives of officers serving in the military.

- Financial Department:

+ Take the lead in coordinating with the Policy Department to prepare budgets, promptly notify health insurance funds to units; settle health insurance fund expenses for relatives of officers with the Ministry of Finance according to regulations;

+ Coordinate to inspect and monitor the receipt and issuance of health insurance cards, use of funds for relatives of officers.

- Military Health Service:

Direct healthcare facilities in the military to register for medical examination and treatment according to health insurance regulations in compliance with laws on health insurance.

c) For healthcare facilities providing medical examination and treatment under health insurance:

- Receive and register for medical examination and treatment for relatives of officers holding health insurance cards.

- Ensure fairness and equality for all patients seeking medical care at the facility according to laws on health insurance.

IV- IMPLEMENTATION

1- Ministry of National Defense:

- Direct and oversee the management, registration for medical examination and treatment for relatives of officers;

- Direct local military authorities to timely and accurately receive and issue health insurance cards to relatives of officers;

- Manage the funding source for implementing health insurance for relatives of officers provided by the state and settle accounts with the Ministry of Finance according to regulations.

2- Ministry of Finance:

Based on the approved budget estimate of the Ministry of National Defense, the Ministry of Finance is responsible for ensuring the funding for implementing health insurance benefits for relatives of officers and managing the budget according to legal regulations.

3- Ministry of Health:

Direct healthcare facilities providing medical examination and treatment for relatives of officers according to laws on health insurance.

4- Ministry of Labor, Invalids and Social Affairs:

Coordinate with relevant ministries and sectors to inspect the implementation of health insurance for relatives of officers.

5. Regarding the Vietnam Social Security Agency:

Direct the provincial social security agencies to guide the county health insurance bases:

- Provide information on healthcare facilities under the health insurance scheme;

- Receive lists and quantities of officers' dependents entitled to health insurance benefits, sign contracts, and issue health insurance cards for the County People's Committee for Armed Forces to distribute to officers' dependents.

- Coordinate with local military authorities, healthcare facilities to resolve issues related to issuing health insurance cards and providing medical services to officers' dependents.

- Ensure full payment of 100% of medical examination and treatment costs according to hospital fees for officers' dependents holding health insurance cards to healthcare facilities.

6. Timeframe for registering medical examinations and treatments, and issuing health insurance cards for officers' dependents:

- Officers complete registration forms for medical examinations and treatments for their dependents for the following year in September of the current year; update dependents entitled to health insurance benefits in March each year;

- Dependents receive health insurance cards in December of the current year and enjoy medical examination and treatment benefits under health insurance from January of the following year; newly added dependents receive cards in June and enjoy health insurance benefits from July each year;

7. Funding for the health insurance scheme for officers' dependents is provided from the state budget within the annual budget plan of the Ministry of National Defense, including health insurance contributions and administrative fees.

Administrative fees for organizing and implementing registration for medical examinations and treatments, and issuing health insurance cards for officers' dependents (including publicity, implementation, printing forms, compiling lists, reviewing, receiving, and issuing health insurance cards to each dependent officer) amount to 2% of the total health insurance contribution for officers' dependents.

8. Any acts of false declaration or incorrect certification by individual officers, unit commanders, or local authorities during the implementation of this Circular shall be subject to administrative responsibility, disciplinary action, or criminal liability and compensation for damages as prescribed.

9. This Circular takes effect 15 days from the date of publication in the Official Gazette.

During the implementation process, if there are any difficulties, relevant agencies, units, and localities should report them to the Joint Board for consideration and resolution./.