Decree No. 43/2021/NĐ-CP on the National Database on Insurance

DECREE

REGULATIONS ON THE NATIONAL INSURANCE DATABASE

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Pursuant to the Labor Law dated November 16, 2013;

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Resolution No. 142/2024/QH15 dated June 29, 2024 of the seventh session of the 15th National Assembly;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

Pursuant to the Law on Access to Information dated April 6, 2016;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree to regulate the National Insurance Database.

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates the construction, management, exploitation, and use of the National Insurance Database; the responsibilities of agencies, organizations, and individuals in constructing, managing, exploiting, and using the National Insurance Database.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the construction, management, exploitation, and use of the National Insurance Database.

Article 3. National Insurance Database

1. The National Insurance Database is a national database storing information on social insurance, health insurance, unemployment insurance, and healthcare and social welfare information recorded and ensuring citizens' rights and obligations regarding insurance by competent authorities.

2. The National Insurance Database is a government database built uniformly nationwide for shared use by agencies, organizations, and individuals to provide accurate and timely insurance information for state management work, meeting economic and social development requirements, and legitimate demands of agencies, organizations, and individuals.

Article 4. Principles for Constructing, Managing, Exploiting, and Using the National Insurance Database

1. The National Insurance Database is constructed and managed centrally and uniformly from central to local levels.

2. The National Insurance Database is updated fully, accurately, and promptly immediately after relevant administrative and business procedures are completed; it maintains continuous, stable, and smooth operation to meet exploitation and usage requirements of agencies, organizations, and individuals as prescribed by law.

3. The National Insurance Database is stored securely, ensuring information safety.

4. Construction, management, exploitation, and use of the National Insurance Database comply with provisions of the Social Insurance Law, Labor Law, Occupational Safety and Health Law, Health Insurance Law, Information Technology Law, Electronic Transactions Law; regulations on Vietnam's Government Digital Architecture; regulations on data management, connection, and sharing among state agencies; regulations on protecting private life, personal privacy, family secrets, and other relevant laws.

Article 5. Acts that are not allowed

1. Providing false information.

2. Damaging the information infrastructure system or obstructing the operation and maintenance stability and continuity of the National Insurance Database.

3. Illegally accessing the National Insurance Database; copying, distorting, altering, deleting, or destroying data in the National Insurance Database.

4. Illegally exploiting, using, or disclosing information from the National Insurance Database, infringing upon private life, personal privacy, and family secrets.

Chapter II

CONSTRUCTION, MANAGEMENT, EXPLOITATION, AND USE OF THE NATIONAL INSURANCE DATABASE

Section 1. CONSTRUCTION OF THE NATIONAL INSURANCE DATABASE

Article 6. Information in the National Insurance Database

1. The National Insurance Database includes the following information:

a) Basic personal data including: surname, middle name, given name at birth; date of birth; gender; individual identification number or ID card number; ethnicity; nationality; place of birth registration; place of origin, place of residence; surname, middle name, given name, individual identification number or ID card number of father, mother, spouse, or legal representative;

b) Contact information of citizens;

c) Household information group: household code; address; list of household members;

d) Social insurance information group: social insurance number; management unit code; social insurance administration agency; type of social insurance object; payment method; social insurance contribution and benefit history, occupational accident and disease benefit history; tax identification number;

đ) Health insurance information group: benefit level code; type of object; primary healthcare facility registration; expiration date; date of five consecutive years; contribution and benefit history;

e) Unemployment insurance information group: Unemployment insurance contribution and benefit history; unemployment insurance contribution period retained as a basis for calculating unemployment benefits;

g) Employer information group including: name; enterprise code/establishment decision number; tax identification number; main office address; industry, business sector (or main industry, business sector)/field of activity; telephone number, email; type of enterprise/organization; payment method;

h) Basic healthcare information group;

i) Social security information group;

2. The information specified in points d, đ, and e of Clause 1 of this Article is the original data of the National Insurance Database.

Article 7. Collection of Information in the National Database on Insurance

1. The information specified in point a, Clause 1, Article 6 shall be extracted from the National Population Database.

2. The information specified in points b, c, d, đ, and e, Clause 1, Article 6 shall be selected and synchronized with data from specialized databases managed by the Vietnam Social Security.

3. The information specified in point g, Clause 1, Article 6 shall be synchronized with data from the National Enterprise Registration Database and other related databases.

4. The information specified in point h, Clause 1, Article 6 shall be selected and synchronized with data from databases managed by the Ministry of Health.

5. The information specified in point i, Clause 1, Article 6 shall be selected and synchronized with data from specialized databases managed by the Ministry of Labor, Invalids and Social Affairs.

6. In cases where the data specified in Clause 1, Article 6 cannot be collected according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article, such data shall be synchronized with data from specialized databases managed by the Vietnam Social Security and other related sources.

Article 8. Updating and Adjusting Information in the National Database on Insurance

1. Information in the National Database on Insurance shall be updated and adjusted from the following sources:

a) Results of administrative and business procedures;

b) Proposals for amendments and supplements made by agencies, organizations, and individuals when changes or inaccuracies in the information in the National Database on Insurance are detected;

c) Changes from other related databases.

2. The managing agencies of the National Database and related specialized databases shall be responsible for updating and adjusting the information specified in Clause 1 of this Article.

Article 9. Funding for the National Database on Insurance

1. For ministries, central agencies, and localities: funding shall be implemented in accordance with the provisions of Decree No. 73/2019/NĐ-CP dated September 5, 2019, of the Government on the management of investment in the application of information technology using state budget funds.

2. For tasks assigned to the Vietnam Social Security: funding shall be sourced from the costs of managing social insurance, unemployment insurance, health insurance, and other management expenses as prescribed by law.

Section 2. EXPLOITATION AND USE OF DATA FROM THE NATIONAL DATABASE ON INSURANCE

Article 10. Subjects Exploiting and Using Data

1. The Vietnam Social Security shall exploit and use data from the National Database on Insurance to serve specialized business activities in the field of insurance.

2. The Ministry of Labor, Invalids, and Social Affairs shall exploit and use data to manage state affairs regarding social insurance, employment, and social welfare.

3. The Ministry of Health shall exploit and use data to manage state affairs in the healthcare sector, including information and data on health insurance.

4. The Office of the Government shall exploit data to support the direction and management of the Government and the Prime Minister.

5. The Ministry of Information and Communications shall exploit and use data to combine with other data sources to create additional information to serve advisory and policy support purposes in electronic government and digital government.

6. The Ministry of Public Security and the Ministry of Defense shall exploit and use data to manage state affairs in the fields of security and defense.

7. State management agencies shall exploit and use data to serve their state management activities within their jurisdiction.

8. Agencies, organizations, and individuals permitted to exploit and use their own information; personal information of others if consented to by the person concerned in accordance with the law.

Article 11. Methods for Exploitation and Use of Data

1. Agencies, organizations, and individuals exploit and use data from the National Database on Social Insurance through the National Data Portal, the National Public Service Portal, the Electronic Information Portal of the Vietnam Social Security, and other forms provided by competent authorities.

2. Agencies, organizations, and individuals have the right to extract their own information from the National Database on Social Insurance. Extracted data shall be digitally signed by the Vietnam Social Security and shall have the same effect as a confirmation document issued by the competent authority providing the data.

3. Agencies and organizations shall not require individuals to provide related documents if they have already obtained the individual's information from the National Database on Social Insurance.

Article 12. Connection and Sharing of Data

The connection and sharing of information between the National Database on Social Insurance and other national databases and specialized databases shall be carried out in accordance with the provisions of Government Decree No. 47/2020/NĐ-CP dated April 9, 2020, on management, connection, and sharing of digital data within state agencies (hereinafter referred to as Decree No. 47/2020/NĐ-CP).

Section 3. MANAGEMENT OF THE NATIONAL DATABASE ON SOCIAL INSURANCE

Article 13. State Management over the National Database on Social Insurance

1. The Government shall uniformly manage the state administration of the National Database on Social Insurance.

2. The Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, within their respective scope and powers, assist the Government in performing its functions of state management over the National Database on Social Insurance.

3. Ministries and ministerial-level agencies, within their respective tasks and powers, assist the Government in performing its functions of state management over the National Database on Social Insurance.

Article 14. Inspection, Evaluation, and Maintenance of Data in the National Database on Social Insurance

1. The National Database on Social Insurance shall be inspected, evaluated, and maintained according to Article 16 of Government Decree No. 47/2020/NĐ-CP.

2. The Vietnam Social Security shall be responsible for organizing regular inspections, evaluations, and maintenance of data and submitting reports to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Information and Communications before December 31 each year.

Chapter III

IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Provide information as stipulated at point i, Clause 1, Article 6 of this Decree and ensure the accuracy and timeliness of the information it provides.

2. Coordinate with the Ministry of Health, the Ministry of Information and Communications, the Vietnam Social Security, and relevant agencies in managing, exploiting, and using the National Database on Social Insurance.

Article 16. Responsibilities of the Ministry of Health

1. Provide information as stipulated at point h, Clause 1, Article 6 of this Decree and ensure the accuracy and timeliness of the information it provides.

2. Coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Information and Communications, the Vietnam Social Security, and relevant agencies in managing, exploiting, and using the National Database on Social Insurance.

Article 17. Responsibilities of the Ministry of Information and Communications

1. Connect the National Database on Social Insurance to the national data integration and sharing platform to provide data services for information systems within state agencies.

2. Connect the National Database on Social Insurance to the National Data Portal and the System for Managing Shared Data Services to serve state agencies in handling procedures and processing requests for connection and data sharing.

3. Study and exploit data in the National Database on Social Insurance with national databases, databases of ministries, sectors, and localities to provide information for guidance and implementation, policy development, and strategic planning for e-Government development.

4. Coordinate with the Vietnam Social Security and relevant agencies to develop and promulgate technical regulations on the structure of data exchange between information systems and databases and the national database on social insurance, within their respective jurisdictions.

Article 18. Responsibilities of the Ministry of Public Security

Coordinate with the Vietnam Social Security to establish regulations on connecting and sharing information related to social insurance, health insurance, and unemployment insurance managed by the Ministry of Public Security, in accordance with regulations on confidentiality and information security, ensuring national security.

Article 19. Responsibilities of the Ministry of National Defense

Coordinate with the Vietnam Social Security to establish regulations on connecting and sharing information related to social insurance, health insurance, and unemployment insurance managed by the Ministry of National Defense, in accordance with regulations on confidentiality and information security, ensuring national defense and security.

Article 20. Responsibilities of the Government Office

1. Connect and share authentication data from electronic copies and related public service data to the National Database on Social Insurance in accordance with current regulations.

2. Connect the Government Information Reporting System, the Government Information and Management Center, and the Prime Minister's Office with the National Database on Social Insurance to serve government and Prime Minister directives and management.

Article 21. Responsibilities of the Vietnam Social Security

1. The Vietnam Social Security is the managing agency of the National Database on Social Insurance.

2. Lead the establishment, updating, maintenance, exploitation, and utilization of the National Database on Social Insurance.

3. Lead and coordinate with ministries, ministerial-level agencies, and government agencies in developing procedures for collecting, updating, and adjusting information in the National Database on Social Insurance.

4. Provide data from the National Database on Social Insurance according to the provisions of Decree No. 47/2020/NĐ-CP.

5. Connect and provide data from the National Database on Social Insurance to the National Data Portal to serve agencies, organizations, and individuals in exploiting information in accordance with this Decree. The connection and sharing of information must ensure state secrets, personal secrets, family secrets, and private lives in accordance with Articles 5 and 6 of Decree No. 47/2020/NĐ-CP.

6. Review regulations and procedures in the fields of social insurance, unemployment insurance, and health insurance to simplify personal documents based on the use of data from the National Database on Social Insurance.

7. Manage and operate the system to ensure smooth and continuous operation; ensure infrastructure conditions for connecting and exchanging data in accordance with Article 27 of Decree No. 47/2020/NĐ-CP.

8. Lead and coordinate with the Ministry of Information and Communications to develop contingency plans and solutions for information security incidents and cybersecurity for the database information system; develop and implement monitoring solutions for the security of the National Database on Social Insurance.

9. Lead and coordinate with the Ministry of Information and Communications and relevant agencies to establish and issue technical regulations on data structure exchange, rules, and procedures for sharing data within the scope of specialized data under their management authority; issue rules for exploiting and using data of the national database they manage, and the databases of ministries and sectors under their management.

Article 22. Responsibilities of Ministries, Ministerial-Level Agencies, Government Agencies, and Provincial People's Committees under Central Government Direct Control

1. Share and connect information in the National Database and specialized databases they manage with the National Database on Social Insurance.

2. Review regulations and procedures within their management scope and functions to simplify personal documents based on the use of data from the National Database on Social Insurance.

Article 23. Rights and responsibilities of organizations and individuals

1. Have the right to exploit and use data from the National Database on Social Insurance in accordance with this Decree.

2. Have the right to lodge complaints and denunciations in accordance with the law when their rights to exploit and use data are violated.

3. Adhere to the principles stipulated in Article 4 of this Decree and the regulations of competent authorities regarding the construction, management, exploitation, and use of the National Database on Social Insurance.

4. Ensure the completeness and accuracy of the data provided by themselves. Timely update and notify the managing authority of the data when there are changes or errors in the provided data.

Chapter IV

IMPLEMENTING PROVISIONS

Article 24. Effectiveness of Implementation

This Decree takes effect from June 1, 2021.

Article 25. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees under central jurisdiction, and related agencies, organizations, and individuals are responsible for implementing this Decree.