Circular No. 57/2019/TT-BCA guiding the implementation of health insurance for workers, students, and dependents of officers, non-commissioned officers, and soldiers serving in the People's Public Security Force.

CIRCULAR

Guidelines for implementing health insurance for workers, students,

college students, and relatives of trainees,officers, soldiers, police workers servingserve, 

in the People's Public Security Force

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 Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 146/2018/ND-CP dated October 17, 2018 of the Government detailing and guiding methods for implementing certain provisions of the Health Insurance Law;

At the proposal of the Director of the Cadre and Civil Servant Management Department;

The Minister of Public Security issues this Circular to guide the implementation of health insurance for workers, students, college students, and relatives of officers, soldiers serving and working in the People's Public Security Force, police workers,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides guidance on the subjects participating in health insurance; contribution levels, responsibility for contributions, methods of contributing to health insurance; issuing health insurance cards and the responsibilities of organizations and individuals in implementing health insurance for workers, students at Cultural Schools, civilian college students, foreign students studying at Public Security Colleges, relatives of officers, non-commissioned officers, conscript soldiers, police workers, Public Security College trainees receiving living expenses from the state budget.

Article 2. Applicability

1. Workers under labor contracts; police workers; citizens temporarily recruited before being officially selected into the People's Public Security Force (hereinafter referred to as temporarily recruited citizens);

2. Relatives of officers, non-commissioned officers, conscript soldiers currently working and serving in the People's Public Security Force, relatives of Public Security College trainees receiving living expenses from the state budget (hereinafter referred to as relatives of officers and soldiers);

3. Relatives of police workers;

5. Students at Public Security Cultural Schools;

6. Civilian college students studying at Public Security Colleges;

7. Units directly under the Ministry of Public Security, provincial public security forces, centrally administered municipalities, enterprises, public service units within the People's Public Security Force (hereinafter collectively referred to as public security units and localities);

8. Social Insurance Authority;

9. Organizations and individuals related to the implementation of health insurance for workers, students, and college students, and relatives of officers, soldiers, and police workers.

Chapter II

SUBJECTS, CONTRIBUTION LEVELS, RESPONSIBILITY FOR CONTRIBUTIONS

AND METHODS OF CONTRIBUTING TO HEALTH INSURANCE

Article 3. Subjects participating in health insurance

1. Subjects whose health insurance is paid by workers and public security units and localities (hereinafter collectively referred to as workers), including:

a) Workers under indefinite-term labor contracts or labor contracts with a term of three months or more;

b) Police workers;

c) Temporarily recruited citizens.

2. Subjects whose health insurance is paid by the state budget, including:

a) Relatives of officers and soldiers, including: biological father, biological mother; biological father, biological mother of spouse; legally adopted person of oneself, spouse; spouse; biological child, legally adopted child aged over six but under eighteen; biological child, legally adopted child aged eighteen or older if still attending secondary school;

b) Foreign students studying at Public Security Colleges receiving scholarships from the state budget.

3. Subjects supported by the state budget for health insurance contributions, including:

a) Students at Public Security Cultural Schools;

b) Civilian college students studying at Public Security Colleges.

4. Subjects whose health insurance is paid by public security units and localities are relatives of police workers serving in the People's Public Security Force as specified in point a, Clause 2 of this Article.

5. Subjects not participating in health insurance under this Circular, including:

a) Subjects specified in Clause 3, Article 3 of this Circular who are already participating in health insurance as stipulated in Article 3, Clause 1, Clause 2 of Article 4 of Decree No. 146/2018/ND-CP dated October 17, 2018 of the Government detailing and guiding the implementation of certain provisions of the Health Insurance Law (hereinafter referred to as Decree No. 146/2018/ND-CP);

b) Relatives of officers, soldiers, and police workers who are already participating in health insurance according to Articles 2 and 3 and Clause 1, Clause 2 of Article 4 of Decree No. 146/2018/ND-CP and have been fully supported by the state (including central and local budgets) for their health insurance contributions or are subjects as stipulated in Article 1 of Decree No. 146/2018/ND-CP;

c) Relatives of police workers who are already participating in health insurance according to Clause 1 and Clause 3 of Article 6 of Decree No. 146/2018/ND-CP.

Article 4. Contribution levels and responsibility for health insurance contributions

1. For the subjects specified in Clause 1, Article 3 of this Circular, the following shall apply:

a) The monthly health insurance contribution rate is 4.5% of the salary according to rank and grade and additional allowances for position and seniority above the ceiling (for employees under the state-prescribed salary system) or 4.5% of the salary recorded in the labor contract (for employees receiving salaries as stipulated by their employers); of which, the local police unit contributes two-thirds, and the employee contributes one-third;

For employees receiving salaries from the state budget, the health insurance contribution amount that falls under the responsibility of the local police unit shall be deducted from the state budget;

For employees not receiving salaries from the state budget working at enterprises or public institutions within the People's Public Security force, the health insurance contribution amount that falls under the responsibility of the enterprise or institution shall be accounted for as production and business expenses according to the law;

b) In cases where the subjects specified in Point a, Clause 1, Article 3 of this Circular have one or more indefinite-term labor contracts or fixed-term labor contracts with a duration of three months or longer, they shall contribute to health insurance based on the labor contract with the highest salary level;

c) During the period when employees are on maternity leave or adoption leave as prescribed by the social insurance law, the monthly health insurance contribution rate is 4.5% of the employee's salary before taking maternity leave, guaranteed by the Vietnam Social Security;

d) During the period when employees are on sick leave for fourteen days or more in a month as prescribed by the social insurance law, they are exempt from health insurance contributions but still enjoy health insurance benefits;

đ) During the period when employees are detained, held in custody, or temporarily suspended from work for investigation and examination to determine whether there has been a violation of the law, the monthly contribution rate is 4.5% of fifty percent of the employee's monthly salary. If the competent authority concludes that there has been no violation of the law, the employee must make up the health insurance contributions based on the salary recovered, without interest on the make-up contributions;

2. For the subjects specified in Clauses 2, 3, and 4 of Article 3 of this Circular, the monthly health insurance contribution rate is 4.5% of the base salary, of which:

a) The health insurance contribution costs for the subjects specified in Clause 2 of Article 3 of this Circular are covered by the state budget;

b) The health insurance contribution costs for the subjects specified in Clause 3 of Article 3 of this Circular are supported by the state budget at a minimum of 30% of the health insurance contribution rate, with the remainder self-funded by individuals. When the state adjusts the health insurance contribution rate or the base salary, neither the participants nor the state budget need to make additional payments or be refunded the difference due to adjustments in the health insurance contribution rate or base salary for the remaining time the participant has already paid health insurance contributions;

c) The health insurance contribution costs for the subjects specified in Clause 4 of Article 3 of this Circular are sourced from the following:

- For units using the state budget, it is covered by the state budget;

- For enterprises or public institutions within the People's Public Security force not using the state budget, the health insurance contribution amount is accounted for as production and business expenses according to the law.

Article 5. Methods of Paying Health Insurance Contributions

1. For subjects specified in Clause 1, Article 3 of this Circular: Monthly, the unit police force or local police force shall pay health insurance contributions and deduct health insurance contribution amounts from employees' salaries to submit at once, no later than the last day of the month, to the social insurance agency issuing the health insurance card.

2. For subjects specified in Clause 2, Article 3 of this Circular: Quarterly, the unit police force or local police force shall transfer health insurance contribution funds for these subjects to the social insurance agency issuing the health insurance card. By no later than November each year, the transfer of health insurance contribution funds for that year must be completed.

3. For subjects specified in Clause 3, Article 3 of this Circular: Periodically every three months, six months, or twelve months, public security schools shall collect health insurance contribution amounts due from the subjects specified in Clause 3, Article 3 of this Circular and submit them to the social insurance agency issuing the health insurance card.

4. For subjects specified in Clause 4, Article 3 of this Circular: Monthly, the unit police force or local police force shall pay health insurance contributions for these subjects concurrently with the payment of health insurance contributions for employees.

Chapter III

ISSUING HEALTH INSURANCE CARDS

Article 6. Health Insurance Cards

1. The health insurance cards for subjects specified in Article 3 of this Circular shall be issued by the social insurance agency where the unit police force or local police force has officers, soldiers, and workers stationed or working.

2. Information on the health insurance card and the validity period of the health insurance card shall be implemented according to Articles 12 and 13 of Decree No. 146/2018/ND-CP.

Article 7. Documents for Issuing, Replacing, and Reissuing Health Insurance Cards

1. Documents for issuing health insurance cards shall be carried out according to Article 17 of the Health Insurance Law 2008, amended and supplemented in 2014 (hereinafter referred to as the Health Insurance Law), specifically:

a) Application form for participating in health insurance;

b) List of participants in health insurance.

2. Documents for replacing and reissuing health insurance cards shall be carried out according to Articles 18 and 19 of the Health Insurance Law, including:

a) Application for replacing or reissuing a health insurance card;

b) Health insurance card (for replacement cases).

3. Forms for issuing health insurance cards shall be implemented according to guidelines provided by the Vietnam Social Security.

Article 8. Issuing Health Insurance Cards

1. Declaration for issuing health insurance cards:

a) Subjects specified in Clause 1, Point b Clause 2, and Clause 3 of Article 3 of this Circular shall declare the contents on the application form for participating in health insurance and submit it to the direct management unit;

b) For subjects specified in Point a Clause 2 and Clause 4 of Article 3 of this Circular, officers, soldiers, and workers of the police shall declare the information on the application form for participating in health insurance on behalf of their relatives and submit it to the direct management unit. In case a person is a relative of multiple officers, soldiers, or workers of the police or a relative of both officers, soldiers, or workers of the police and military personnel on active duty or persons engaged in confidential work receiving salary equivalent to military personnel or students in confidential training receiving subsistence allowance from the state budget, or other personnel in confidential organizations, then they shall declare in the following order:

- If a person is simultaneously a relative of both officers and workers of the police, they shall declare only once according to the first category they belong to in the following order: relative of officers; relative of workers of the police receiving salary from the state budget; relative of workers of the police not receiving salary from the state budget;

- At the time of declaration, if the relative lives with an officer or worker of the police, that officer or worker of the police shall be responsible for declaring; if they do not live together or live with multiple officers or workers of the police, the order of responsibility is: son, daughter, daughter-in-law, son-in-law, legally adopted child (if in the same generation, the eldest child declares);

- If the relative is a biological or legally adopted child of both an officer or worker of the police and a military personnel or person engaged in confidential work receiving salary equivalent to military personnel, or a worker of the police and a national defense worker or person engaged in other work in a confidential organization, the mother shall be responsible for declaring;

- If the declaration is not made in accordance with the above order, the officer or worker of the police who makes the declaration must report specifically to the declaration unit and clearly state the reasons.

2. The direct management unit shall be responsible for checking the legality and accuracy of the information on the application form for participating in health insurance and submitting the documents to the Personnel Department (or the unit responsible for personnel work) under the unit police force or local police force.

3. After receiving the application form for participating in health insurance transferred by the direct management unit, the Personnel Department (or the unit responsible for personnel work) under the unit police force or local police force shall be responsible for compiling a list to submit to the head of the unit police force or local police force (with the seal) to send to the social insurance agency to issue the health insurance card according to regulations.

4. In cases where the health insurance card's usage period has expired, subjects specified in Article 3 of this Circular do not need to resubmit the application form for participating in health insurance (except in cases of changes in information on the card). The unit police force or local police force shall be responsible for reviewing and compiling a list to request the social insurance agency issuing the card to extend the validity of the health insurance card according to regulations.

Article 9. Replacement and reissue of health insurance cards

When replacing or reissuing health insurance cards, the subjects specified in Article 3 of this Circular may choose one of the following two forms:

1. Directly requesting the social insurance agency that issued the health insurance card: Individuals submit a request form along with the health insurance card (in case of replacement) to the social insurance agency that issued the card.

2. Through local police units: Individuals or police officers, workers representing family members submit a request form along with the health insurance card (in case of replacement) to the direct management unit for submission to the Personnel Organization Department (or the unit responsible for personnel organization work) of the local police unit to compile a list for replacement or reissuance of health insurance cards, which will be submitted to the head of the local police unit to request the social insurance agency that issued the card to replace or reissue the health insurance card according to regulations.

Chapter IV

IMPLEMENTATION

Article 10. Responsibility for Implementation

1. The responsibility of the Personnel Organization Bureau is to coordinate with the Planning and Finance Bureau to inspect and guide the budgeting and settlement of funds provided by the state budget for health insurance premiums for the subjects specified in Clauses 1, 2, and 4 of Article 3 of this Circular.

2. The responsibility of the Planning and Finance Bureau

a) To prepare the budget and ensure timely and full funding from the state budget for health insurance premiums for the subjects specified in Clauses 1, 2, and 4 of Article 3 of this Circular; to direct financial agencies of local police units to collect, pay, and settle health insurance finances in accordance with regulations; to inspect the implementation of financial regulations on health insurance within the People's Public Security Force;

b) To settle the health insurance premium funding from the state budget for the subjects specified in Clauses 1, 2, and 4 of Article 3 of this Circular with the Ministry of Finance in accordance with the State Budget Law, Health Insurance Law, and guiding documents.

3. Responsibilities of Local Police Units

a) In November each year, to settle the health insurance premium funding for the subjects specified in Article 3 of this Circular for the year; at the same time, report the results of health insurance implementation to the Social Insurance of the People's Public Security Force and the Planning and Finance Bureau;

b) In June each year, to prepare the budget for the state budget contribution for health insurance premiums for the next year for the subjects specified in Article 3 of this Circular (along with the budget for social insurance and health insurance revenue and expenditure for the following year), and report to the Social Insurance of the People's Public Security Force and the Planning and Finance Bureau;

c) To compile a list and notify the social insurance agency that issued the card to reduce the health insurance premium funding in cases where:

- The subject specified in Clause 1 of Article 3 of this Circular does not continue to participate in health insurance in the People's Public Security Force; takes leave due to maternity or adoption;

- The subject specified in point b Clause 2 and Clause 3 of Article 3 of this Circular discontinues studies at public security schools (upon completion of the course, forced to withdraw, or transferred to non-Ministry of Public Security schools);

- Police officers, workers who cease service in the People's Public Security Force (retirement, transfer to another profession, discharge, demotion, forced termination of employment, forced withdrawal from studies) or transfer to other subjects not entitled to health insurance benefits for family members;

d) Based on actual circumstances, local police units may delegate subordinate units to review and compile lists to request the social insurance agency to implement issuance, extension, replacement, and reissuance of health insurance cards according to regulations.

4. Responsibilities of workers, students, and police officers in the People's Public Security Force:

a) To fully comply with regulations on application for issuance, replacement, and reissuance of health insurance cards and bear responsibility for the contents declared;

b) To use and guide family members to use health insurance cards for their intended purposes.

Article 11. Effectiveness and transitional provisions

1. This Circular takes effect from December 25, 2019.

2. Abolish Joint Circular No. 09/2015/TTLT-BCA-BYT-BTC dated December 28, 2015, of the Ministry of Public Security, Ministry of Health, and Ministry of Finance guiding the implementation of health insurance for workers, students, and family members of officers, non-commissioned officers, and soldiers in the People's Public Security Force.

3. If referenced documents in this Circular are replaced or amended, the referenced content shall be adjusted and implemented according to the new document.

4. Health insurance cards of subjects specified in Article 3 of this Circular issued before the effective date of this Circular and still within their validity period shall remain valid until the expiration date indicated on the card.

Article 12. Responsibility for Implementation

1. The Director of the Personnel Organization Bureau is responsible for guiding and inspecting the implementation of this Circular.

2. Heads of subordinate units under the Ministry; Directors of provincial and centrally-administered city police forces; heads of enterprises and public institutions in the People's Public Security Force are responsible for implementing this Circular.

During implementation, if difficulties or obstacles arise, local police units should report to the Ministry of Public Security (through the Personnel Organization Bureau) for prompt guidance./.