Consolidated Document number 5236/VBHN-BLDTBXH Decree stipulates electronic transactions in the field of social insurance, health insurance, and unemployment insurance.

DECREE

REGULATIONS ON ELECTRONIC TRANSACTIONS IN THE SOCIAL INSURANCE, HEALTH INSURANCE AND UNEMPLOYMENT INSURANCE SECTORS

Decree No. 166/2016/ND-CP dated December 24, 2016 on electronic transactions in the social insurance, health insurance, and unemployment insurance sectors, which took effect from March 1, 2017, has been amended and supplemented by:

Decree No. 140/2018/ND-CP dated October 8, 2018 amending and supplementing related decrees concerning investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs, which took effect from October 8, 2018.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

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

Pursuant to the Health Insurance Law dated November 14, 2008 and the Law Amending and Supplementing Certain Provisions of the Health Insurance Law dated June 13, 2014;

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 Law on Occupational Safety and Health dated June 25, 2015;

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

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree on electronic transactions in the social insurance, health insurance, and unemployment insurance sectors.^[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates electronic transactions in the social insurance, health insurance, and unemployment insurance sectors, including registration for participation in electronic transactions in the social insurance, health insurance, and unemployment insurance sectors; issuance of social insurance books and health insurance cards; settlement and payment of social insurance, health insurance, and unemployment insurance benefits; medical examination and cost reimbursement for health insurance; and information exchange related to the implementation of social insurance, health insurance, and unemployment insurance benefits (hereinafter referred to as electronic transactions in the social insurance sector).

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals using electronic transactions in the social insurance sector and service providers of electronic transactions in the social insurance sector.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Electronic transactions in the social insurance sector are transactions within the scope regulated by this Decree that are conducted through electronic means.

2. Electronic social insurance dossier is the application form for participation, issuance of social insurance books and health insurance cards, settlement and payment of social insurance, health insurance, and unemployment insurance benefits, medical examination, and cost reimbursement for health insurance according to the provisions of the law conducted through electronic means.

3. Electronic social insurance document is information created, sent, received, and stored through electronic means to conduct transactions in the social insurance sector.

4. Electronic transaction authentication code in the social insurance sector is a one-time password used for each transaction by individuals participating in electronic transactions in the social insurance sector who do not have a digital certificate. This password is sent from the Vietnam Social Security's electronic portal to the mobile phone number or email address registered with the social security agency.

5. Electronic transaction account in the social insurance sector is an account issued by the Vietnam Social Security for agencies, organizations, and individuals to log into the Vietnam Social Security's electronic portal or through the I-VAN organization to conduct electronic transactions in the social insurance sector.

6. Value-added services for electronic transactions in the social insurance sector (hereinafter referred to as I-VAN services) are services for receiving, transmitting, storing, and recovering transaction data messages in the social insurance sector between agencies, organizations, and individuals participating in electronic transactions in the social insurance sector and the social security agency to conduct transactions through electronic means.

7. Organizations providing I-VAN services (hereinafter referred to as I-VAN organizations) are information technology organizations contracted by the Vietnam Social Security to provide value-added services for electronic transactions in the social insurance sector.

8. The Vietnam Social Security's electronic portal is the point of access on the network environment of the Vietnam Social Security's information technology system to receive and transmit transaction data messages in the social insurance sector with organizations and individuals participating in electronic transactions and with I-VAN organizations.

Article 4. Principles of electronic transactions in the field of social insurance

1. Compliance with the provisions of the law on electronic transactions; the provisions of the law on social insurance, health insurance, unemployment insurance, labor safety and hygiene, laws on protecting state secrets, and related laws.

2. The implementation of electronic transactions in the field of social insurance must ensure clarity, equality, honesty, security, effectiveness, and compliance with the provisions of the law on information confidentiality and integrity.

3. Organizations, individuals have the right to choose to conduct transactions using electronic means or traditional methods in the field of social insurance.

Article 5. Conditions and methods for implementing electronic transactions in the field of social insurance

1. Organizations, individuals conducting electronic transactions in the field of social insurance must meet the following conditions:

a) Possessing valid digital certificates issued by organizations providing digital signature certification services in accordance with the provisions of the law.

In cases where individuals conduct electronic transactions in the field of social insurance but have not been issued digital certificates, they may use transaction authentication codes provided by the Vietnam Social Security.

b) Having the ability to access and use the Internet; having a stable email address and registering with the Vietnam Social Security.

2. Organizations, individuals participating in electronic transactions in the field of social insurance may choose to implement such transactions directly through the Vietnam Social Security's electronic portal or through the I-VAN organization in accordance with this Decree.

Article 6. Selection of organizations operating in the field of information technology to sign contracts for providing I-VAN services

1. Conditions for selecting organizations operating in the field of information technology to sign contracts for providing I-VAN services

a) Regarding the subject:

It is a business established in accordance with Vietnamese law operating in the field of information technology.

b) Regarding finance:

Having a guarantee commitment from a legally operating credit institution in Vietnam to resolve risks and compensate for possible losses during the service provision process.

c) Regarding personnel:

Having technical staff with bachelor’s degrees in information technology, with practical experience in network management and database administration.

Having technical staff continuously monitoring and checking 24 hours a day to maintain the stable operation of the electronic data exchange system and support users of the I-VAN service.

d) Regarding technology:

The equipment and technology systems must ensure service provision to organizations, individuals participating in electronic transactions in the field of social insurance and ensure secure connection with the Vietnam Social Security's electronic portal 24 hours a day and seven days a week, except for maintenance time. Maintenance time shall not exceed 2% of the total service provision hours in a year; capable of providing services through various devices such as computers, tablets, smartphones of users.

Ensuring the capability to detect, warn, and prevent unauthorized access and attacks on the network to ensure data confidentiality and integrity exchanged between parties.

Having procedures for data backup, online data backup, and data recovery; capable of restoring data within the shortest time of eight hours from the moment the electronic data exchange system encounters an issue. Storing electronic documents during ongoing transactions with the requirement that original electronic data messages be retained on the system and accessible online. Electronic transaction logs must be stored for a minimum of ten years from the date of successful transaction completion. Ensuring that information stored in transaction logs can be searched online during the storage period.

Meeting the requirements for data connection standards of the Vietnam Social Security.

2. The Vietnam Social Security shall base on the provisions of Clause 1 of this Article to sign contracts for providing I-VAN services according to the procedures stipulated in Clause 3 of this Article for organizations operating in the field of information technology that meet all conditions.

3. Procedures for signing contracts for providing I-VAN services

a) Organizations operating in the field of information technology that fully meet the conditions stipulated in Clause 1 of this Article shall submit a written request to sign a contract for providing I-VAN services along with a proposal for providing I-VAN services reflecting the fulfillment of the conditions stipulated in Clause 1 of this Article to the Vietnam Social Security (submitting either a paper copy or an electronic version).

b) Within ten working days from the date when the I-VAN service provider meets the conditions stipulated in Clause 1 of this Article and successfully connects to the Vietnam Social Security's electronic portal, the Vietnam Social Security shall sign a contract with the I-VAN service provider.

4. Organizations currently providing I-VAN services before the effective date of this Decree shall continue to provide I-VAN services and must comply with all provisions of this Decree.

Chapter II. ELECTRONIC SOCIAL INSURANCE DOCUMENTS

Article 7. Legal Value of Electronic Social Insurance Documents

The electronic social insurance documents prescribed in this Decree shall have the same legal value as paper-based files, documents, notifications, and other written documents as stipulated by law.

Article 8. Types of Electronic Social Insurance Documents

Electronic social insurance documents include:

1. Electronic social insurance files.

2. Accounting documents in accordance with the accounting regulations of the Vietnam Social Security implemented through electronic means.

3. Other documents and notifications of agencies, organizations, and individuals conducting social insurance transactions via electronic means.

Article 9. Requirements for Electronic Social Insurance Documents

1. The electronic social insurance documents as prescribed in Article 8 of this Decree must bear the digital signatures of those responsible for signing the electronic social insurance documents as required by law.

In cases where the electronic social insurance document only bears the signature of the authorized person, the information system must be capable of recognizing and confirming the processing actions of those responsible according to the law during the circulation of the electronic social insurance document until the final signature.

2. Where the electronic social insurance document includes attached components in paper form, the agencies, organizations, and individuals participating in electronic transactions in the field of social insurance must convert them to electronic form in accordance with the Law on Electronic Transactions. The conversion from paper documents to electronic documents must meet the following requirements:

a) Fully reflect the content of the paper documents;

b) There must be the signature and full name of the person converting the paper document to the electronic document;

c) There must be a specific mark confirming that it has been converted from a paper document to an electronic document.

3. When necessary, electronic documents may be converted to paper documents, but they must satisfy the following conditions:

a) Fully reflect the content of the electronic document;

b) The person converting the electronic document to a paper document must sign and write their full name on the paper document; additional stamps must be affixed if the type of document requires it.

c) There must be a specific mark confirming that it has been converted from an electronic document to a paper document.

Article 10. Time for Submitting Electronic Social Insurance Documents

1. Agencies, organizations, and individuals submitting electronic social insurance documents can conduct electronic transactions through the Vietnam Social Security's electronic portal or the I-VAN organization 24 hours a day, 7 days a week.

2. The Vietnam Social Security and the I-VAN organization will send confirmation notifications of receipt of electronic social insurance documents to the email address of the agency, organization, or individual within the latest 15 minutes after receiving the electronic social insurance document submitted by the agency, organization, or individual.

Article 11. Storage of Electronic Social Insurance Documents

The retention period for electronic social insurance documents shall be carried out in accordance with the legal provisions on storage. In cases where the electronic social insurance document has exceeded its retention period as prescribed but is related to the integrity of the information system and currently circulating electronic social insurance documents, it shall continue to be stored until the cancellation of the electronic social insurance document does not affect other electronic transactions.

Chapter III. RIGHTS AND OBLIGATIONS OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS WHEN PARTICIPATING IN ELECTRONIC TRANSACTIONS IN THE SOCIAL INSURANCE FIELD

Article 12. Rights of agencies, organizations, and individuals when participating in electronic transactions in the social insurance sector

1. To conduct electronic transactions in the social insurance sector in accordance with the Law on Electronic Transactions, this Decree, and relevant laws.

2. To choose one of the two forms prescribed in Clause 2, Article 5 of this Decree; to select the I-VAN Organization to sign a service provision contract for I-VAN.

3. To be guided, supported, and have issues resolved promptly by the Vietnam Social Security or the I-VAN Organization when encountering problems during the implementation of electronic transactions.

4. To have the Vietnam Social Security and the I-VAN Organization ensure the confidentiality and integrity of data related to electronic transaction information in accordance with the law.

5. To be provided by the social insurance agency with information about contributions and benefits under social insurance, health insurance, unemployment insurance through electronic means.

Article 13. Obligations of agencies, organizations, and individuals when participating in electronic transactions in the social insurance sector

1. To establish, send, and receive electronic social insurance documents directly at the Vietnam Social Security's electronic portal or through the I-VAN Organization.

2. Not to carry out transactions using paper documents for procedures that have been registered for electronic transactions during the period of implementing electronic transactions, except in cases stipulated in Clause 7 of this Article.

3. To manage digital signatures and ensure the accuracy of digital signatures on electronic social insurance documents; to manage usernames and passwords of electronic transaction accounts in the social insurance sector to ensure the security and confidentiality of information data on the I-VAN Organization's electronic data exchange system and the Vietnam Social Security's information technology system.

4. To store and ensure the integrity of all electronic social insurance documents in accordance with the law on recordkeeping, electronic transactions, social insurance, health insurance, unemployment insurance, and related laws, except in cases where individuals participate in electronic transactions in the social insurance sector.

5. To store paper documents in accordance with the law on recordkeeping for declarations made to the social insurance agency but not yet converted to electronic documents; to present them for comparison and inspection by authorized authorities.

6. To comply with regulations ensuring the safety and security of the I-VAN Organization's electronic data exchange system and the Vietnam Social Security's information technology system.

7. To prepare social insurance records on paper or convert electronic social insurance records to paper records and submit them to the directly managing social insurance agency no later than three working days from the date of expiration of the submission deadline for social insurance, health insurance, and unemployment insurance contributions; no later than seven working days from the date of expiration of the submission deadline for other transactions, if the electronic data exchange system and technical infrastructure fail to resolve the issue within the submission deadline for electronic social insurance records.

After the issue has been resolved, agencies and organizations shall be responsible for submitting electronic social insurance records to the Vietnam Social Security's electronic portal or the selected I-VAN Organization.

8. To fulfill the terms agreed upon in the contract with the I-VAN Organization.

9. To comply with inspections, audits, and verifications conducted by state authorities with jurisdiction over the implementation of social insurance, health insurance, and unemployment insurance in accordance with the law.

10. To be responsible for declaring electronic social insurance documents in accordance with the law on electronic transactions, social insurance, health insurance, unemployment insurance, occupational safety and health, and related laws.

11. To fulfill other obligations as prescribed by law.

Article 14. Rights of the I-VAN Organization

1. To connect to the electronic information portal of the Vietnam Social Security to provide electronic transaction services in the social insurance field.

2. To receive business support from the Vietnam Social Security regarding social insurance, health insurance, unemployment insurance to implement electronic data transmission activities in the social insurance field between agencies, organizations, and individuals participating in electronic transactions in the social insurance field with the Vietnam Social Security; to be provided with standard templates for implementing I-VAN service activities.

3. To receive support from the Vietnam Social Security to resolve issues related to social insurance, health insurance, and unemployment insurance business arising during the provision of I-VAN services.

4. To terminate the I-VAN service provision contract with the Vietnam Social Security according to the agreement in the contract in compliance with the provisions of the law.

5. To sign, terminate contracts with agencies, organizations, and individuals participating in electronic transactions in the social insurance field regarding the provision and use of I-VAN services in accordance with the law.

6. To refuse to provide I-VAN services to agencies, organizations, and individuals who do not meet the conditions for participation in transactions or violate signed contracts in compliance with the law.

7. To enjoy other rights stipulated in the I-VAN service provision contracts signed with the Vietnam Social Security; contracts signed with agencies, organizations, and individuals participating in electronic transactions in the social insurance field.

Article 15. Obligations of the I-VAN Organization

1. To establish a connection channel with the electronic information portal of the Vietnam Social Security in accordance with the connection standards prescribed by the Vietnam Social Security.

2. To publicly announce the operating methods and service quality on the website introducing I-VAN services of the organization.

3. To provide I-VAN services to agencies, organizations, and individuals participating in electronic transactions in the social insurance field that have signed contracts with the organization.

4. To ensure continuous, secure, and complete information about files and necessary conditions for conducting electronic transactions in the social insurance field. To have solutions to immediately address incidents occurring during electronic transactions.

5. To perform the receipt, transmission, storage, and recovery of electronic transaction data messages in the social insurance field accurately and completely within the specified deadlines; to transfer electronic social insurance files to the electronic information portal of the Vietnam Social Security within two hours from receiving electronic social insurance files from agencies, organizations, and individuals participating in electronic transactions in the social insurance field; to notify confirmation of submission of electronic social insurance files to agencies, organizations, and individuals participating in electronic transactions in the social insurance field using I-VAN services in accordance with regulations.

6. To comply with laws and technical, business, and information security regulations issued by competent authorities regarding information technology and telecommunications.

7. To retain results of each receipt and transmission of electronic data in the fields of social insurance, health insurance, and unemployment insurance; to retain electronic social insurance files during ongoing transactions.

8. To store electronic transaction logs on the electronic data exchange system in accordance with point d, Clause 1, Article 6 of this Decree.

9. To notify via email to agencies, organizations, and individuals participating in electronic transactions in the social insurance field and the Vietnam Social Security ten days before stopping the electronic data exchange system for maintenance and to take measures to ensure the interests of all parties involved.

10. To provide full information and data and to implement regular and ad hoc reporting systems on I-VAN service provision activities as required by the Vietnam Social Security.

11. To regularly update new regulations of the Vietnam Social Security concerning standard templates related to electronic transactions in the social insurance field.

12. To cooperate with the Vietnam Social Security to support agencies, organizations, and individuals participating in electronic transactions in the social insurance field to use services and conduct electronic transactions in the social insurance field.

13. To compensate for losses suffered by agencies, organizations, and individuals participating in electronic transactions in the social insurance field when information security incidents occur in accordance with the law.

14. To notify agencies, organizations, and individuals using I-VAN services thirty days prior to the expiration date of the I-VAN service usage contract.

15. To fulfill other obligations stipulated in the I-VAN service provision contracts signed with the Vietnam Social Security; contracts signed with agencies, organizations, and individuals participating in electronic transactions in the social insurance field.

Article 16. Rights of medical examination and treatment facilities when participating in electronic transactions in the field of social insurance

1. To be guided and supported by the social insurance agency in business operations during the process of electronic transactions.

2. To have the social insurance agency ensure the confidentiality and integrity of data in accordance with the provisions of the law.

3. To have the social insurance agency promptly address any incidents within the scope of responsibility of the social insurance agency during electronic transactions.

4. To request the social insurance agency to publicly conduct electronic transactions in health insurance appraisal.

Article 17. Obligations of medical examination and treatment facilities when participating in electronic transactions in the field of social insurance

1. To carry out electronic transactions in health insurance appraisal and payment of medical examination and treatment costs; to comply with and implement legal regulations on personal information protection.

2. To create electronic documents for health insurance medical examination and treatment and bear legal responsibility for their legality and accuracy.

3. To send electronic documents for health insurance medical examination and treatment to the social insurance agency immediately upon discharge of insured patients in compliance with hospital professional rules and legal provisions; to send electronic documents related to social insurance benefit processing in accordance with legal provisions.

4. To store and ensure the integrity of all electronic documents in the fields of social insurance and health insurance; to implement legal regulations on ensuring the security and safety of electronic data systems.

5. To comply with inspections, audits, and verifications conducted by authorized agencies in accordance with legal provisions.

Article 18. Rights of Employment Service Centers when participating in electronic transactions in the field of social insurance

1. To be guided and supported by the social insurance agency in business operations during the process of electronic transactions.

2. To have the social insurance agency ensure the confidentiality and integrity of data in accordance with the provisions of the law.

3. To have the social insurance agency promptly address any incidents within the scope of responsibility of the social insurance agency during electronic transactions.

Article 19. Obligations of Employment Service Centers when participating in electronic transactions in the field of social insurance

1. To carry out electronic transactions in processing unemployment insurance benefits.

2. To provide lists of unemployment insurance decisions, individuals who fail to report employment monthly, those registering for vocational training and job counseling, and those applying to retain unemployment insurance without receiving a decision (canceling the unemployment insurance benefit decision) through electronic means.

3. To store and ensure the integrity of all electronic documents in implementing unemployment insurance benefits; to implement legal regulations on ensuring the security and safety of electronic data systems.

4. To comply with inspections and audits conducted by authorized agencies in accordance with legal provisions.

Article 20. Rights of Social Insurance Agencies

1. To require the I-VAN Organization to establish connection channels in accordance with the prescribed standards for continuous, secure, and safe operation and to provide I-VAN services to entities participating in electronic transactions in the field of social insurance from the date the service provision contract signed with the Vietnam Social Security becomes effective.

2. To require the I-VAN Organization to transfer electronic social insurance files to the Vietnam Social Security's online portal within two hours of receipt of electronic social insurance files from entities participating in electronic transactions in the field of social insurance.

3. To enter into and terminate contracts for service provision with the I-VAN Organization in accordance with legal provisions.

4. To require the I-VAN Organization to provide services in accordance with the signed contract.

5. To receive sharing and connection of necessary information and data from relevant agencies and organizations to facilitate electronic transactions in the field of social insurance.

Article 21. Obligations of the Social Insurance Agency

1. Establish, maintain, ensure connectivity, and connection standards between the Vietnam Social Security's electronic information portal and the I-VAN Organization to implement electronic transaction services in the social insurance field. Operate the system for receiving and processing electronic social insurance data continuously, completely, securely, safely, and confidentially.

2. Receive applications and resolve requests from agencies, organizations, and individuals participating in electronic transactions in the social insurance field.

3. Assist agencies, organizations, and individuals participating in electronic transactions in the social insurance field in receiving, transmitting, storing, and recovering electronic transaction data messages when requested.

4. Provide support on social insurance operations for the I-VAN Organization to carry out electronic transaction data message receipt, transmission, storage, and recovery between agencies, organizations, and individuals participating in electronic transactions in the social insurance field and the Vietnam Social Security.

5. Timely inform the I-VAN Organization and agencies, organizations, and individuals participating in electronic transactions in the social insurance field about new regulations of the Vietnam Social Security regarding standard formats of electronic transaction services in the social insurance field on the Vietnam Social Security's electronic information portal.

6. Coordinate with the I-VAN Organization to provide operational support for agencies, organizations, and individuals participating in electronic transactions in the social insurance field to perform electronic transactions in the social insurance field when requested.

7. Support the I-VAN Organization and agencies, organizations, and individuals participating in electronic transactions in the social insurance field in resolving issues arising during the implementation of electronic transactions in the social insurance field related to social insurance, health insurance, unemployment insurance operations when requested.

8. Publicize the list of I-VAN Organizations on the Vietnam Social Security's electronic information portal for agencies, organizations, and individuals participating in electronic transactions in the social insurance field to choose from.

9. Notify and deliver results of resolution according to laws on electronic transactions, social insurance, health insurance, unemployment insurance, occupational safety and health, and related laws.

10. Notify agencies, organizations, and individuals implementing electronic transactions in the social insurance field through the I-VAN Organization forty-five days prior to the termination date of the service provision contract with the I-VAN Organization.

11. Provide information on social insurance contributions and benefits via electronic means.

12. Cease electronic social insurance file transactions when agencies, organizations, and individuals participating in electronic transactions in the social insurance field violate regulations on information technology system security and safety of the Vietnam Social Security.

13. Inspect and supervise the implementation of electronic transactions in the social insurance field by agencies, organizations, and individuals participating in electronic transactions in the social insurance field according to the law.

Regularly or at random inspect and monitor the quality of service provision of the I-VAN Organization according to the I-VAN service provision contract signed between the Vietnam Social Security and the I-VAN Organization.

14. Have other obligations according to the service provision contract signed with the I-VAN Organization.

15. Annually report to the Prime Minister, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Finance on the implementation of electronic transactions in the social insurance field.

Chapter IV. ELECTRONIC TRANSACTIONS IN THE SOCIAL INSURANCE FIELD

Section 1: CONDUCTING ELECTRONIC TRANSACTIONS THROUGH THE ELECTRONIC INFORMATION PORTAL OF THE VIETNAMESE SOCIAL INSURANCE

Article 22. Registration for Use, Adjustment of Information, and Termination of Electronic Transaction Methods in the Field of Social Insurance^[2]

1. When there is a need to register for participation in electronic transactions, adjust information, or terminate the use of electronic transaction methods in the field of social insurance, the agency, organization, or individual shall prepare the Application Form for Registration of Use, Adjustment of Information, and Termination of Electronic Transaction Methods in the Field of Social Insurance according to Model Number 01 attached as Appendix III of this Decree and send the electronic version to the Electronic Information Portal of the Vietnamese Social Insurance or submit the paper version to the Vietnamese Social Insurance.

2. Within three working days from the date of receipt of the Application Form for Registration of Use, Adjustment of Information, and Termination of Electronic Transaction Methods in the Field of Social Insurance from the agency, organization, or individual, the Vietnamese Social Insurance shall send a notification of approval to the email address of the agency, organization, or individual; in cases where approval is not granted, the Vietnamese Social Insurance must notify and specify the reasons.

3. In the case of registration for termination of the use of electronic transaction methods, from the time the Vietnamese Social Insurance sends a notification of approval, the agency, organization, or individual shall conduct transactions with the social insurance agency using paper documents as prescribed. If the agency, organization, or individual wishes to resume the use of electronic transaction methods, they must re-register in accordance with Clause 1 of this Article.

Article 23.^[3] (Repealed)

Article 24.^[4] (Repealed)

Article 25. Submission of Electronic Social Insurance Documents through the Electronic Information Portal of the Vietnamese Social Insurance

1. Agencies, organizations, and individuals participating in electronic transactions in the field of social insurance shall prepare and submit electronic social insurance documents in one of the following two ways:

a) Accessing the electronic transaction account in the field of social insurance, preparing electronic social insurance documents online at the Electronic Information Portal of the Vietnamese Social Insurance, and sending the electronic social insurance documents to the Electronic Information Portal of the Vietnamese Social Insurance.

b) Preparing electronic social insurance documents using software or tools supporting electronic transactions in the field of social insurance that meet the data format standards of the Vietnamese Social Insurance; then accessing the electronic transaction account in the field of social insurance to send the electronic social insurance documents to the Electronic Information Portal of the Vietnamese Social Insurance.

2. Within two hours from the time of receiving the electronic social insurance documents from the agency, organization, or individual, the Vietnamese Social Insurance shall send a confirmation notification of submission of electronic social insurance documents to the email address of the agency, organization, or individual participating in electronic transactions in the field of social insurance.

Article 26. Responsibilities of the Social Insurance Agency in Handling

After receiving the electronic social insurance documents from agencies, organizations, or individuals participating in electronic transactions in the field of social insurance, the social insurance agency has the responsibility to handle them within the time limit stipulated by laws on social insurance, health insurance, unemployment insurance, and occupational safety and health.

Section 2: IMPLEMENTATION OF ELECTRONIC TRANSACTIONS THROUGH THE I-VAN ORGANIZATION

Article 27. Registration for Use, Adjustment of Information, and Termination of I-VAN Service^[5]

1. When there is a need to register for use, adjust information, or terminate the I-VAN service, agencies, organizations, and individuals shall fill out the Application Form for Registration of Use, Adjustment of Information, and Termination of I-VAN Service according to Model No. 02 attached as Appendix III of this Decree and send the electronic version to the I-VAN Organization. Within two hours from the time of receiving the Application Form for Registration of Use, Adjustment of Information, and Termination of I-VAN Service, the I-VAN Organization shall send it to the Electronic Portal of the Vietnam Social Security.

2. Within three working days from the date of receipt of the Application Form for Registration of Use, Adjustment of Information, and Termination of I-VAN Service, the Vietnam Social Security shall notify the I-VAN Organization of its approval; if not approved, the Vietnam Social Security must notify and specify the reasons.

3. Within two hours from the time of receiving the notification from the Vietnam Social Security, the I-VAN Organization shall notify the agencies, organizations, and individuals participating in electronic transactions in the social insurance field.

4. In case of changing the I-VAN Organization, the agencies, organizations, and individuals participating in electronic transactions in the social insurance field must cease using the I-VAN service and follow the procedures for registering to use the I-VAN service as stipulated in Clause 1 of this Article.

5. For cases of registering to terminate the I-VAN service, from the date of receiving the approval notification, the agencies, organizations, and individuals participating in electronic transactions in the social insurance field shall proceed with the procedures for registering social insurance transactions through paper documents.

Article 28.^[6] (Repealed)

Article 29.^[7] (Repealed)

Article 30. Submission of Electronic Social Insurance Documents Through the I-VAN Organization

1. Agencies, organizations, and individuals participating in electronic transactions in the field of social insurance shall prepare and submit electronic social insurance documents in one of the following two ways:

a) Access the electronic transaction account in the social insurance field, prepare the electronic social insurance document of the I-VAN Organization, and submit the electronic social insurance document to the I-VAN Organization;

b) Prepare the electronic social insurance document using software and tools supporting electronic transactions in the social insurance field that meet the data format standards of the Vietnam Social Security; then access the electronic transaction account in the social insurance field to submit the electronic social insurance document to the I-VAN Organization.

2. After receiving the electronic social insurance document from the agencies, organizations, and individuals participating in electronic transactions in the social insurance field, the I-VAN Organization shall forward the document to the Electronic Portal of the Vietnam Social Security and send a confirmation notification of submission of the electronic social insurance document via email to the agencies, organizations, and individuals participating in electronic transactions in the social insurance field within two hours.

Article 31. Responsibilities of Social Insurance Authorities in Processing

After receiving the electronic social insurance document from the agencies, organizations, and individuals participating in electronic transactions in the social insurance field, forwarded by the I-VAN Organization, the social insurance authority shall be responsible for processing the document within the time limit prescribed by laws on social insurance, health insurance, unemployment insurance, and labor safety and hygiene, starting from the time when the I-VAN Organization confirms the submission of the document.

Chapter V. SHARING AND CONNECTING INFORMATION AND DATA TO IMPLEMENT ELECTRONIC TRANSACTIONS IN THE SOCIAL INSURANCE FIELD

Article 32. Ensuring Connectivity between Information Systems in Electronic Transactions in the Social Insurance Field

1. Information systems serving the implementation of electronic transactions in the social insurance field must comply with regulations applicable to information systems with scale and scope from central to local levels.

2. The National Database on Social Insurance is the primary database for implementing electronic transactions in the social insurance field. The National Database on Social Insurance must meet the following requirements:

a) Compliance with legal provisions regarding the National Database.

b) It must have a data architecture. The Vietnam Social Security is responsible for building the data architecture for the National Database on Social Insurance.

c) Compliance with technical regulations on connecting information systems and databases to the National Database on Social Insurance, consistent with the Government Electronic Framework Architecture of Vietnam.

3. Shared and exchanged data in electronic transactions in the social insurance field must be standardized in the form of structured message data exchange.

Article 33. Responsibilities for Sharing and Connecting Information and Data between Ministries, Sectors, Localities, and the Vietnam Social Security

1. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with the Vietnam Social Security to connect necessary information and data for the implementation of electronic transactions in the unemployment insurance field.

Guide and direct specialized agencies to share and connect necessary information and data related to their management fields with social insurance agencies to implement electronic transactions in the social insurance field.

2. The Ministry of Health shall take the lead and coordinate with the Vietnam Social Security to establish regulations on connecting necessary information and data for the implementation of electronic transactions in medical examination and treatment cost review and payment under health insurance.

Guide and direct medical examination and treatment facilities, Medical Examination and Treatment Review Councils to share and connect necessary information and data related to their management fields with social insurance agencies to implement electronic transactions in the social insurance field.

3. The Ministry of Planning and Investment shall direct specialized agencies to develop mechanisms for sharing and interconnecting necessary information related to enterprises with social insurance agencies.

4. The Ministry of Finance shall direct specialized agencies to share and connect information and data on employer tax identification numbers; employer wage costs for tax calculation with social insurance agencies.

5. The Ministry of Public Security shall cooperate with the Vietnam Social Security to share and connect necessary information and data in the national population database to implement electronic transactions in the social insurance field.

6. Ministries, ministerial-level agencies, and government agencies within their respective functions and authorities shall fully share and connect necessary information and data to implement electronic transactions in the social insurance field.

7. People's Committees at all levels shall be responsible for directing functional agencies at the local level to fully share and connect necessary information and data with social insurance agencies to implement electronic transactions in the social insurance field.

Article 34. Responsibilities of the Ministry of Information and Communications

1. Guide interconnection and data exchange between information systems to implement electronic transactions in the social insurance sector.

2. Guide the development of standards, technical regulations, and connection regulations for information systems and databases to be integrated into the National Social Insurance Database, ensuring compatibility, smooth operation, and information security.

3. Inspect and supervise compliance with standards, technical regulations, and connection regulations for information systems within state agencies participating in electronic transactions in the social insurance sector.

4. Manage and develop technological infrastructure for electronic transactions in the social insurance sector in accordance with Clause 5, Article 7 and Clause 2, Article 8 of the Law on Electronic Transactions.

Chapter VI. IMPLEMENTING PROVISIONS

Article 35. Effective Date^[8]

This Decree takes effect from March 1, 2017.

Article 36. Responsibility for Implementation

1. The Ministry of Labor, Invalids and Social Affairs shall guide procedures, business practices, and prepare necessary conditions to implement electronic transactions related to unemployment insurance, work-related accident and occupational disease insurance within its scope of duties and powers as prescribed by laws on employment, labor safety and hygiene.

2. The Ministry of Health shall guide procedures, business practices, and prepare necessary conditions to implement electronic transactions related to health insurance within its scope of duties and powers as prescribed by laws on health insurance.

The Ministry of Health shall take the lead in establishing standards and data formats for medical examination and treatment under health insurance provided by healthcare facilities nationwide.

3. The Vietnam Social Security shall take the lead and coordinate with relevant ministries and sectors to implement:

a) Building a national database on social insurance, health insurance, and unemployment insurance that can be interconnected; connecting information and data with relevant agencies and organizations to implement electronic transactions in the social insurance sector.

b) Issuing procedures and business practices for electronic transactions in the social insurance sector according to laws on electronic transactions, social insurance, health insurance, unemployment insurance, labor safety and hygiene, and other relevant laws to organize the implementation of this Decree.

c) Developing plans to implement electronic transactions in the social insurance sector as stipulated in this Decree and ensure compliance with Clause 2, Article 9 and Clause 2, Article 96 of the Social Insurance Law.

4. The Ministry of Defense and the Ministry of Public Security shall guide the implementation of electronic transactions in the social insurance sector for subjects under their jurisdiction.

5. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees shall, based on their assigned functions and tasks, be responsible for implementing this Decree.

ANNEX

SOCIAL INSURANCE FORM

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

…, day ... month ... year ...

Application for registration of groundwater extraction works (for cases of extracting water for purposes with a scale not exceeding 10 m

Registration for Use, Adjustment of Information, and Termination of Use of Electronic Transaction Methods in the Social Insurance Sector

Respectfully submitted to: Vietnam Social Security.

Name of organization/person: …

Social Insurance Number: …

Contact Address: …

Digital Certificate Number of Organization/Person: …

Name of Digital Signature Certification Organization: …

Validity Period of Digital Certificate: From ... day ... month ... year ... to ... day ... month ... year ^(*)

I do not have a digital certificate (do not fill in the content at item ^(*)), I request the Social Security agency to issue an electronic transaction authentication code at the email address or mobile phone number below:

Contact Person: …

Email Address: …

Mobile Phone Number: …

According to Government Decree No. 166/2016/NĐ-CP dated December 24, 2016, my organization/person has all the conditions to use electronic transaction methods. My organization/person registers, adjusts information, and terminates the use of electronic transaction methods in the social insurance sector with the Social Security agency as follows:

1. Registration for Use:

- Register to use electronic transaction methods in the social insurance sector from ... day ... month ... year ...

- Transaction at:

+ Vietnam Social Security’s Online Portal □

+ I-VAN Organization □

(Name of I-VAN Organization: … in case of transactions through the I-VAN Organization).

2. Adjustment of Information:

- Digital Certificate Number of Organization/Person: …

Name of Digital Signature Certification Organization: …

Validity Period of Digital Certificate: From ... day ... month ... year ... to ... day ... month ... year

- Email Address: …

- Mobile Phone Number: …

(Only fill in changed or additional content)

3. Termination of Use of Electronic Transaction Method:

- Terminate electronic transactions in the social insurance sector from ... day ... month ... year ...

- Reason for Termination: …

My organization/person fully assumes responsibility under the law for the accuracy and truthfulness of the above content and will conduct electronic transactions in the social insurance sector in accordance with the law./.

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

…, day ... month ... year ...

Application for registration of groundwater extraction works (for cases of extracting water for purposes with a scale not exceeding 10 m

Registration for Use, Adjustment of Information, and Termination of Use of I-VAN Service

Respectfully submitted to: Vietnam Social Security.

Name of organization/person: …

Social Insurance Number: …

Contact Address: …

After reviewing and finding that we meet the conditions to use the I-VAN service, we register for use, adjustment of information, and termination of use of the I-VAN service with the Social Security agency to implement electronic transactions in the social insurance sector, specifically as follows:

1. Registration for Use

- Digital Certificate Number of Organization/Person: …

Name of Digital Signature Certification Organization: …

Validity Period of Digital Certificate: From ... day ... month ... year ... to ... day ... month ... year ... ^(*)

- I do not have a digital certificate (do not fill in the content at item ^(*)), I request the Social Security agency to issue an electronic transaction authentication code at the email address or mobile phone number below:

Email Address: …

Mobile Phone Number: …

- Information about the I-VAN Organization:

Name of Organization: (Write full name of the organization) …

2. Adjustment of Information:

- Digital Certificate Number of Organization/Person (if applicable): …

Name of Digital Signature Certification Organization: …

Validity Period of Digital Certificate: From ... day ... month ... year ... to ... day ... month ... year

- Email Address: …

- Mobile Phone Number: …

(Only fill in changed or additional content)

3. Termination of Use of Service:

- Terminate use of the I-VAN service from ... day ... month ... year ...

- Reason for Termination: …

My organization/person fully assumes responsibility under the law for the accuracy and truthfulness of the above content and will comply with the law on electronic transactions in the social insurance sector./.

----------------

^[1] DECREE NO. 140/2018/ND-CP dated October 8, 2018 amending and supplementing Decrees related to business investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs is based on the following:

"Based on the Government Organization Law dated June 19, 2015;

BASED ON THE LABOR CODE dated June 18, 2012;

BASED ON THE DRUG PREVENTION AND CONTROL LAW 2000; THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DRUG PREVENTION AND CONTROL LAW 2008;

BASED ON THE LAW ON THE ELDERLY dated November 23, 2009;

BASED ON THE LAW ON PERSONS WITH DISABILITIES dated June 17, 2010;

BASED ON THE EMPLOYMENT LAW dated November 16, 2013;

BASED ON THE SOCIAL INSURANCE LAW dated November 20, 2014;

BASED ON THE VOCATIONAL EDUCATION AND TRAINING LAW dated November 27, 2014;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

BASED ON THE INVESTMENT LAW dated November 26, 2014 and THE LAW AMENDING AND SUPPLEMENTING ARTICLE 6 AND ANNEX 4 ON THE LIST OF BUSINESS INVESTMENT SECTORS WITH CONDITIONS OF THE INVESTMENT LAW dated November 22, 2016;

BASED ON THE PROSTITUTION PREVENTION AND CONTROL ORDINANCE dated March 14, 2003;

Decree No. 07/2021/NĐ-CP

THE GOVERNMENT ISSUES THIS DECREE AMENDING AND SUPPLEMENTING DECREES RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS.”

^[2] THIS PROVISION IS AMENDED AND SUPPLEMENTED AS PROVIDED FOR IN CLAUSE 1, ARTICLE 14 OF DECREE NO. 140/2018/ND-CP DATED OCTOBER 8, 2018 AMENDING AND SUPPLEMENTING DECREES RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS, WHICH SHALL TAKE EFFECT FROM OCTOBER 8, 2018.

^[3] THIS PROVISION IS REPEALED AS PROVIDED FOR IN ARTICLE 15 OF DECREE NO. 140/2018/ND-CP DATED OCTOBER 8, 2018 AMENDING AND SUPPLEMENTING DECREES RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS, WHICH SHALL TAKE EFFECT FROM OCTOBER 8, 2018.

^[4] THIS PROVISION IS REPEALED AS PROVIDED FOR IN ARTICLE 15 OF DECREE NO. 140/2018/ND-CP DATED OCTOBER 8, 2018 AMENDING AND SUPPLEMENTING DECREES RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS, WHICH SHALL TAKE EFFECT FROM OCTOBER 8, 2018.

^[5] THIS PROVISION IS AMENDED AND SUPPLEMENTED AS PROVIDED FOR IN CLAUSE 2, ARTICLE 14 OF DECREE NO. 140/2018/ND-CP DATED OCTOBER 8, 2018 AMENDING AND SUPPLEMENTING DECREES RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS, WHICH SHALL TAKE EFFECT FROM OCTOBER 8, 2018.

^[6] THIS PROVISION IS REPEALED AS PROVIDED FOR IN ARTICLE 15 OF DECREE NO. 140/2018/ND-CP DATED OCTOBER 8, 2018 AMENDING AND SUPPLEMENTING DECREES RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS, WHICH SHALL TAKE EFFECT FROM OCTOBER 8, 2018.

^[7] THIS PROVISION IS REPEALED AS PROVIDED FOR IN ARTICLE 15 OF DECREE NO. 140/2018/ND-CP DATED OCTOBER 8, 2018 AMENDING AND SUPPLEMENTING DECREES RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS, WHICH SHALL TAKE EFFECT FROM OCTOBER 8, 2018.

^[8] ARTICLE 19 OF DECREE NO. 140/2018/ND-CP DATED OCTOBER 8, 2018 AMENDING AND SUPPLEMENTING DECREES RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS, WHICH SHALL TAKE EFFECT FROM OCTOBER 8, 2018, PROVIDES AS FOLLOWS:

"ARTICLE 19. EFFECTIVE DATE AND IMPLEMENTATION

1. This Decree takes effect from the date of issuance.

2. THE MINISTERS, HEADS OF GOVERNMENTAL AGENCIES AT THE MINISTERIAL LEVEL, HEADS OF GOVERNMENT AGENCIES, AND CHAIRMEN OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT ARE RESPONSIBLE FOR GUIDING AND ENFORCING THIS DECREE."