Decree No. 92/2011/ND-CP on administrative sanctions for violations in the field of health insurance

DECREE

On administrative penalties for violations in the field of health insurance

____________________

 

THE GOVERNMENT

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

Pursuant to the Health Insurance Law dated November 14, 2008;

Pursuant to Ordinance No. 44/2002/PL-UBTVQH10 dated July 2, 2002 of the Standing Committee of the National Assembly on Administrative Violation Handling; and Ordinance No. 04/2008/UBTVQH12 dated April 2, 2008 of the Standing Committee of the National Assembly amending and supplementing certain articles of Ordinance No. 44/2002/PL-UBTVQH10 dated July 2, 2002 of the Standing Committee of the National Assembly on Administrative Violation Handling;

Considering the proposal of the Minister of Health,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms and levels of penalties, measures to remedy consequences, and the authority to impose administrative penalties in the field of health insurance (HI).

2. An act of administrative violation concerning HI is an intentional or negligent act by an individual, agency, or organization (hereinafter referred to collectively as individuals or organizations) that violates the provisions of the law on HI which is not a criminal offense and must be subject to administrative violation handling according to the law.

3. Acts of administrative violation in the field of HI include:

a) Violations of regulations on paying HI contributions and collecting HI contributions;

b) Violations of regulations on issuing, reissuing, exchanging, and using HI cards;

c) Violations of regulations on organizing medical examinations, treatments under HI, and HI appraisal work;

d) Violations of regulations on managing and using the HI fund;

đ) Violations of regulations on reporting, providing information, and data on HI;

e) Violations of regulations on inspection, supervision, and obstructing state management activities in the field of HI.

Article 2. Interpretation of Terms

1. Abuse of medical services refers to the designation and use of medicines, chemicals, medical supplies, technical services, and other medical services in medical examinations and treatments beyond the necessary level as prescribed by medical technical regulations, causing damage to insured patients, the HI fund, and medical examination and treatment facilities.

2. Information on the HI card related to rights and benefits under HI is the information specified by number, symbol, character, or other form on the HI card serving as the basis for determining the rights and benefits under HI for each participating group.

3. Obstructive behavior refers to actions that do not cooperate, fail to comply with cooperation requirements, or self-impose illegal requirements in implementing HI among relevant parties.

4. The degree of administrative violation prescribed in this Decree is the financial loss (in Vietnamese dong) suffered by individuals or organizations related to HI.

Article 3. Principles of penalty imposition, statute of limitations for penalties, period considered as not having been administratively penalized

1. The principles of imposing administrative penalties in the field of HI shall be applied in accordance with Article 3 of Ordinance No. 44/2002/PL-UBTVQH10 dated July 2, 2002 on Administrative Violation Handling and Article 3 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain articles of the 2002 Ordinance on Administrative Violation Handling and the 2008 Ordinance amending and supplementing certain articles of the 2002 Ordinance on Administrative Violation Handling.

2. The imposition of administrative penalties in the field of HI shall be carried out by those authorized to do so in accordance with Articles 45, 46, 47, 48, and 49 of this Decree.

3. Mitigating and aggravating circumstances applicable in the imposition of administrative penalties for HI violations shall be considered and handled in accordance with Article 8 and Article 9 of the 2002 Ordinance on Administrative Violation Handling and Article 6 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain articles of the 2002 Ordinance on Administrative Violation Handling and the 2008 Ordinance amending and supplementing certain articles of the 2002 Ordinance on Administrative Violation Handling.

4. The statute of limitations for administrative penalties in the field of HI is twelve months from the date of the administrative violation. For violations related to collection, payment, and management and use of the HI fund, the statute of limitations is twenty-four months from the date of the violation. If the time limit has passed, individuals or organizations committing the violation will not be subject to administrative penalties but will still be subject to remedial measures prescribed in Clause 3 of Article 4 of this Decree.

5. Within the time limit prescribed in Clause 4 of this Article, if individuals or organizations commit new administrative violations in the field of HI or intentionally evade or delay the imposition of penalties, the statute of limitations mentioned above will not apply, and the statute of limitations for administrative penalties will be recalculated from the date of the new violation or the date when the evasion or delay ends.

6. In cases where an individual is indicted, prosecuted, or has a decision to bring a case to trial under criminal procedure and there is a decision to terminate the investigation or terminate the case, they will be subject to administrative penalties if there are signs of administrative violations, in such cases, the statute of limitations for penalties is three months from the date of the decision to terminate the investigation or terminate the case.

7. Organizations or individuals who have been administratively penalized for violating HI laws, if within twelve months from the date of fully executing the penalty decision or from the expiration date of the enforcement of the penalty decision, do not reoffend, shall be considered as not having been administratively penalized in the field of HI.

Article 4. Forms of punishment and measures to remedy consequences

1. Principal forms of punishment

Individuals and organizations committing administrative violations in the field of health insurance shall be subject to one of the following forms of punishment:

a) Warning;

b) Fine: The maximum amount of fine for administrative violations in the field of health insurance is 40,000,000 VND (forty million VND).

2. Supplementary forms of punishment: Confiscation of objects and means used to commit administrative violations in the field of health insurance;

3. Measures to remedy consequences:

In addition to the forms of punishment prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations must also bear one or more of the following measures to remedy consequences:

a) Recovery of health insurance cards; temporary detention of health insurance cards;

b) Compel the payment of overdue amounts according to the provisions of the law on health insurance into the revenue account of the health insurance fund within ten working days from the date of issuing the decision on administrative punishment for the violation of health insurance contributions;

c) Compel the payment of interest on the overdue health insurance contributions at the basic interest rate published by the State Bank at the time of administrative violation handling;

d) Compel the return of the amount of the violation to the individual or organization that has been harmed within ten working days from the date of issuing the decision on administrative punishment;

đ) Compel issuance, reissuance, or replacement of health insurance cards in accordance with regulations;

e) Compel reporting and providing accurate information and data on health insurance;

g) Compel compliance with inspection, examination, and regulations set by competent authorities regarding health insurance.

Chapter II

VIOLATIONS, FORMS OF PENALTIES AND AMOUNTS OF FINES

Section 1

VIOLATIONS IN PAYING HEALTH INSURANCE

Article 5. Failure to pay health insurance by the responsible subjects for participating in health insurance

1. Warning;

2. Fine from 50,000 VND to 100,000 VND.

3. Measures to remedy consequences:

a) Compel participation in health insurance in accordance with the law on health insurance;

b) Compel payment of the amount due into the revenue account of the health insurance fund.

Article 6. Failure to pay health insurance for all employees who are required to participate in health insurance by employers

1. Fine according to the following levels:

a) From 500,000 VND to 1,000,000 VND, when violating from one to ten employees;

b) From 1,000,000 VND to 5,000,000 VND, when violating from eleven to fifty employees;

c) From 5,000,000 VND to 10,000,000 VND, when violating from fifty-one to one hundred employees;

d) From 10,000,000 VND to 15,000,000 VND, when violating from one hundred and one to five hundred employees;

đ) From 15,000,000 VND to 20,000,000 VND, when violating from five hundred and one to one thousand employees;

e) From 20,000,000 VND to 30,000,000 VND, when violating from one thousand and one employees or more.

2. Measures to remedy consequences:

a) Compel payment of health insurance for all employees who are required to participate in health insurance in accordance with the law on health insurance;

b) Compel repayment of medical examination and treatment costs according to the benefits and entitlements under health insurance that the participating subjects have had to pay out-of-pocket (if any);

c) Compel payment of the unpaid amount and accrued interest on the unpaid amount into the revenue account of the health insurance fund.

Article 7. Failure to pay health insurance for the full number of employees who are required to participate in health insurance by employers

1. Fine from 300,000 VND to 1,000,000 VND for each employee not covered by health insurance.

2. Measures to remedy consequences:

a) Compel payment of health insurance for the full number of employees who are required to participate in health insurance in accordance with the law on health insurance;

b) Compel repayment of medical examination and treatment costs according to the benefits and entitlements under health insurance that the participating subjects have had to pay out-of-pocket (if any).

c) Compel payment of the amount due and accrued interest on the amount due into the revenue account of the health insurance fund.

Article 8. Acts of failing to pay health insurance premiums in full

1. Fine according to the following levels:

a) From VND 300,000 to VND 500,000 for violations with a value under VND 5,000,000;

b) From VND 500,000 to VND 1,000,000 for violations with a value from VND 5,000,000 to under VND 10,000,000;

c) From VND 1,000,000 to VND 2,000,000 for violations with a value from VND 10,000,000 to under VND 20,000,000;

d) From VND 2,000,000 to VND 4,000,000 for violations with a value from VND 20,000,000 to under VND 40,000,000;

đ) From VND 4,000,000 to VND 8,000,000 for violations with a value from VND 40,000,000 to under VND 60,000,000;

e) From VND 8,000,000 to VND 12,000,000 for violations with a value from VND 60,000,000 to under VND 80,000,000;

g) From VND 12,000,000 to VND 16,000,000 for violations with a value from VND 80,000,000 to under VND 120,000,000;

h) From VND 16,000,000 to VND 24,000,000 for violations with a value from VND 120,000,000 to under VND 160,000,000;

i) From VND 24,000,000 to VND 32,000,000 for violations with a value from VND 160,000,000 or more.

2. Measures to remedy consequences:

a) Compel payment of the full amount of health insurance premiums due for all employees;

b) Compel payment of the amount due and interest accrued on the amount due into the health insurance fund's revenue account.

Article 9. Acts of including persons not within the scope of management in the list of agencies and organizations to participate in health insurance

1. Imposing fines on agencies and organizations that include persons participating in health insurance in violation of regulations, at the following levels:

a) From VND 500,000 to VND 1,000,000 per health insurance card for cases of violation but without causing damage to the health insurance fund;

b) From VND 1,000,000 to VND 2,000,000 per health insurance card for cases where the health insurance card has been used for medical examination and treatment, causing damage to the health insurance fund.

2. Imposing fines on individuals participating in health insurance at agencies and organizations in violation of regulations, at the following levels:

a) From VND 300,000 to VND 1,000,000 per person holding a health insurance card but not using it for medical examination and treatment;

b) From VND 1,000,000 to VND 2,000,000 per person holding a health insurance card who has used it for medical examination and treatment.

3. Measures to remedy consequences:

a) Revoke the health insurance card;

b) Compel repayment of the amount paid by the health insurance fund for medical examination and treatment.

Article 10. Acts of incorrectly certifying the contribution level of health insurance participants

1. Fine according to the following levels:

a) From VND 500,000 to VND 1,000,000 for violations with a value under VND 10,000,000;

b) From VND 1,000,000 to VND 2,000,000 for violations with a value from VND 10,000,000 to under VND 20,000,000;

c) From VND 2,000,000 to VND 4,000,000 for violations with a value from VND 20,000,000 to under VND 40,000,000;

d) From VND 4,000,000 to VND 8,000,000 for violations with a value from VND 40,000,000 to under VND 60,000,000;

đ) From VND 8,000,000 to VND 12,000,000 for violations with a value from VND 60,000,000 to under VND 80,000,000;

e) From VND 12,000,000 to VND 16,000,000 for violations with a value from VND 80,000,000 to under VND 100,000,000;

g) From VND 16,000,000 to VND 24,000,000 for violations with a value from VND 100,000,000 to under VND 120,000,000;

h) From VND 24,000,000 to VND 32,000,000 for violations with a value from VND 120,000,000 to under VND 150,000,000;

i) From VND 32,000,000 to VND 40,000,000 for violations with a value from VND 150,000,000 or more.

2. Measures to remedy consequences: Compel correct determination of the contribution level and payment of the full amount of health insurance premiums due together with interest accrued on the unpaid amount into the health insurance fund's revenue account.

Article 11. Acts of issuing and transferring funds from the state budget to pay for health insurance premiums not in accordance with the prescribed amount

1. Warning for the first violation and where no damage has been caused to the health insurance fund or the rights of insured persons.

2. A fine of VND 500,000 to VND 1,000,000 for repeated violations where no damage has been caused to the health insurance fund or the rights of insured persons.

3. A fine for violations causing damage to the health insurance fund or the rights of insured persons:

a) VND 1,000,000 to VND 2,000,000 for violations involving amounts under VND 500,000,000;

b) VND 2,000,000 to VND 4,000,000 for violations involving amounts from VND 500,000,000 to less than VND 1,000,000,000;

c) VND 4,000,000 to VND 8,000,000 for violations involving amounts from VND 1,000,000,000 to less than VND 5,000,000,000;

d) VND 8,000,000 to VND 16,000,000 for violations involving amounts of VND 5,000,000,000 or more.

4. Measures to remedy consequences:

a) Compel issuance and transfer of full funds according to the contribution level and number of insured persons;

b) Compel repayment of the amount of the violation, including accrued interest, into the health insurance fund's revenue account (if applicable).

Article 12. Acts of issuing and transferring funds from the state budget to pay for health insurance premiums later than the prescribed time limit by thirty days after all required procedures have been completed.

1. Warning for the first violation and where no damage has been caused to the rights of the health insurance fund or insured persons.

2. A fine of VND 100,000 to VND 300,000 for repeated violations where no damage has been caused to the health insurance fund or the rights of insured persons.

3. A fine for violations causing damage to the rights of the health insurance fund or insured persons at the following levels:

a) VND 1,000,000 to VND 2,000,000 for violations involving values under VND 500,000,000;

b) VND 2,000,000 to VND 4,000,000 for violations involving values from VND 500,000,000 to less than VND 1,000,000,000;

c) VND 4,000,000 to VND 8,000,000 for violations involving values from VND 1,000,000,000 to less than VND 10,000,000,000;

d) VND 8,000,000 to VND 16,000,000 for violations involving values of VND 10,000,000,000 or more.

4. Measures to remedy consequences:

a) Compel issuance and transfer of health insurance premium funds within the prescribed time;

b) Compel repayment of medical examination and treatment costs according to the benefits and entitlements under health insurance that the participating subjects have had to pay out-of-pocket (if any);

c) Compel transfer of accrued interest on delayed transferred funds into the health insurance fund's revenue account (if applicable) within ten days from the date of issuance of the penalty decision.

Section 2

VIOLATIONS REGARDING THE ISSUE, REISSUE, EXCHANGE OF HEALTH INSURANCE CARDS AND USE OF HEALTH INSURANCE CARDS

Article 13. Acts of establishing and transferring lists for issuing health insurance cards to insured persons under management responsibility later than the prescribed time.

1. Warning for the first violation and where no damage has been caused to the rights of insured persons.

2. A fine of VND 100,000 to VND 300,000 for repeated violations where no damage has been caused to the rights of insured persons.

3. A fine for violations causing damage to the rights of insured persons at the following levels:

a) VND 300,000 to VND 500,000 for delays of less than ten working days as prescribed;

b) VND 500,000 to VND 1,000,000 for delays of ten working days or more as prescribed.

4. Measures to remedy consequences:

a) Compel timely establishment and transfer of lists of insured persons as prescribed;

b) Compel reimbursement of medical examination and treatment costs paid out-of-pocket by insured persons according to their health insurance benefits and entitlements (if applicable).

Article 14. The act of establishing and transferring a list for health insurance card issuance for insured persons under the management responsibility that does not meet the required number of people as prescribed

1. Warning for the first violation and where no damage has been caused to the rights of insured persons.

2. A fine of VND 100,000 to VND 300,000 for repeated violations where no damage has been caused to the rights of insured persons.

3. A fine shall be imposed on cases of violation causing damage to the rights and interests of insured persons under health insurance, at the following levels:

a) VND 300,000 to VND 500,000 for cases where the list is missing less than 50 people;

b) VND 500,000 to VND 1,000,000 for cases where the list is missing from 50 to less than 100 people;

c) VND 1,000,000 to VND 2,000,000 for cases where the list is missing from 100 to less than 500 people;

d) VND 2,000,000 to VND 4,000,000 for cases where the list is missing from 500 to less than 1,000 people;

đ) VND 4,000,000 to VND 8,000,000 for cases where the list is missing 1,000 people or more;

4. Measures to remedy consequences:

a) Compel the establishment and transfer of a complete list of insured persons under health insurance as prescribed;

b) Compel reimbursement of medical examination and treatment costs paid out-of-pocket by insured persons according to their health insurance benefits and entitlements (if applicable).

Article 15. The act of issuing health insurance cards later than the prescribed time

1. Warning shall be given for cases where the issuance of health insurance cards is delayed by less than 10 working days compared to the prescribed time.

2. A fine shall be imposed on cases where the issuance of health insurance cards is delayed by 10 working days or more compared to the prescribed time, at the following levels:

a) VND 300,000 to VND 500,000 when the issuance is delayed from 01 to less than 50 cards;

b) VND 500,000 to VND 1,000,000 for cases where the issuance is delayed from 50 to less than 100 cards;

c) VND 1,000,000 to VND 2,000,000 for cases where the issuance is delayed from 100 to less than 500 cards;

d) VND 2,000,000 to VND 4,000,000 for cases where the issuance is delayed from 500 to less than 1,000 cards;

đ) VND 4,000,000 to VND 8,000,000 for cases where the issuance is delayed from 1,000 cards or more;

2. Measures to remedy consequences:

a) Compel the issuance of health insurance cards for insured persons within 10 working days from the date of delivering the decision on handling violations;

b) Compel compensation for medical examination and treatment costs within the scope of health insurance benefits and entitlements that the insured person has had to pay out-of-pocket (if any);

Article 16. The act of reissuing or replacing health insurance cards later than the prescribed time

1. Warning shall be given for cases where the reissuance or replacement of health insurance cards is delayed by less than 10 working days compared to the prescribed time.

2. A fine shall be imposed on cases where the reissuance or replacement of health insurance cards is delayed by 10 working days or more compared to the prescribed time, at the following levels:

a) VND 300,000 to VND 500,000 for cases where the reissuance or replacement of health insurance cards is delayed by less than 50 cards;

b) VND 500,000 to VND 1,000,000 for cases where the reissuance or replacement of health insurance cards is delayed from 50 to less than 100 cards;

c) VND 1,000,000 to VND 2,000,000 for cases where the reissuance or replacement of health insurance cards is delayed from 100 to less than 500 cards;

d) VND 2,000,000 to VND 4,000,000 for cases where the reissuance or replacement of health insurance cards is delayed from 500 to less than 1,000 cards;

đ) VND 4,000,000 to VND 8,000,000 for cases where the reissuance or replacement of health insurance cards is delayed from 1,000 cards or more;

3. Measures to remedy consequences:

a) Compel the issuance of health insurance cards for insured persons within 10 working days from the date of delivering the decision on handling violations;

b) Compel repayment of medical examination and treatment costs within the scope of health insurance benefits and entitlements that the insured person has had to pay out-of-pocket (if any);

Article 17. The act of issuing health insurance cards to persons who are not eligible for such cards

1. Fine according to the following levels:

a) VND 1,000,000 to VND 2,000,000 per health insurance card but the health insurance card has not been used for medical examination and treatment under health insurance;

b) VND 2,000,000 to VND 4,000,000 per health insurance card that has been used for medical examination and treatment under health insurance;

2. Measures to remedy consequences:

a) Revoke the health insurance card;

b) Compel repayment of the amount of medical examination and treatment costs paid by the health insurance fund (if any) into the revenue account of the health insurance fund.

Article 18. Acts of issuing health insurance cards with incorrect benefits or entitlement levels for insured participants

1. Fine according to the following levels:

a) A fine of from VND 300,000 to VND 500,000 per health insurance card for unused health insurance cards;

b) A fine of from VND 500,000 to VND 1,000,000 per health insurance card that has been used for health insurance medical examinations and treatments.

2. Measures to remedy consequences:

a) Revoke the health insurance card;

b) Compel the issuance of a new health insurance card with correct information related to the benefits and entitlement levels of the insured participant;

c) Compel the repayment of medical examination and treatment costs within the scope of health insurance benefits that the insured participant had to pay out-of-pocket (if applicable);

d) Compel the repayment of the difference in the amount paid by the health insurance fund (if applicable) into the health insurance fund's revenue account.

Article 19. Acts of issuing health insurance cards with usage validity periods not matching the participation period of the insured participant

1. Fine according to the following levels:

a) A fine of from VND 300,000 to VND 500,000 per health insurance card for unused health insurance cards;

b) A fine of from VND 500,000 to VND 1,000,000 per health insurance card that has been used for health insurance medical examinations and treatments.

2. Measures to remedy consequences:

a) Revoke the health insurance card;

b) Compel the issuance of a new health insurance card with the correct usage validity period;

c) Compel the repayment of medical examination and treatment costs within the scope of health insurance benefits that the insured participant had to pay out-of-pocket (if applicable);

d) Compel the repayment of the amount used outside the valid usage period of the health insurance card (if applicable) into the health insurance fund's revenue account.

Article 20. Acts of erasing or altering health insurance cards for use in health insurance medical examinations and treatments

1. Fine according to the following levels:

a) A fine of from VND 500,000 to VND 1,000,000 for violations that have not caused damage to the health insurance fund;

b) A fine of from VND 1,000,000 to VND 2,000,000 for violations that have caused damage to the health insurance fund.

2. Measures to remedy consequences:

a) Revoke the health insurance card;

b) Compel the repayment of the amount paid by the health insurance fund (if applicable) into the health insurance fund's revenue account.

Article 21. Acts of lending health insurance cards to others or using another person’s health insurance card for medical examinations and treatments

1. Fine according to the following levels:

a) A fine of from VND 500,000 to VND 1,000,000 for violations that have not caused damage to the health insurance fund;

b) A fine of from VND 1,000,000 to VND 2,000,000 for violations that have caused damage to the health insurance fund.

2. Measures to remedy consequences:

a) Temporarily seize the health insurance card for a period of thirty days;

b) The user of the health insurance card shall be responsible for repaying the full cost of medical examinations and treatments paid by the health insurance fund (if applicable) into the health insurance fund's revenue account;

c) The lender of the card may only enjoy health insurance benefits after thirty days from the date the card was temporarily seized and the penalty has been paid as prescribed.

Section 3

VIOLATIONS IN ORGANIZING MEDICAL EXAMINATIONS AND TREATMENTS, HEALTH INSURANCE AUDITS

Article 22. Acts of creating medical records or prescribing medications where there is no actual patient but not reaching the level of criminal liability

1. Warning for first-time violations with a value under VND 1,000,000;

2. Imposing fines at the following levels:

a) From VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to under VND 2,000,000;

b) From VND 1,000,000 to VND 2,000,000 for violations with a value from VND 2,000,000 to under VND 4,000,000;

c) From VND 2,000,000 to VND 4,000,000 for violations with a value from VND 4,000,000 to under VND 8,000,000;

d) From VND 4,000,000 to VND 8,000,000 for violations with a value from VND 8,000,000 to under VND 12,000,000;

đ) From VND 8,000,000 to VND 12,000,000 for violations with a value from VND 12,000,000 to under VND 24,000,000;

e) From VND 12,000,000 to VND 16,000,000 for violations with a value from VND 24,000,000 to under VND 48,000,000;

g) From VND 16,000,000 to VND 20,000,000 for violations with a value from VND 48,000,000 to under VND 72,000,000;

h) From VND 20,000,000 to VND 24,000,000 for violations with a value from VND 72,000,000 or more.

3. Measures to remedy consequences: Compel the repayment of the entire amount of the violation into the health insurance fund's revenue account.

Article 23. Acts of increasing the quantity or adding types of medicines, medical supplies, technical services, bed costs, and other expenses that the patient did not actually use

1. Warning for the first violation and the value of the violation is less than VND 1,000,000.

2. A fine of VND 300,000 to VND 500,000 for repeat violations where the value of the violation is less than VND 1,000,000.

3. The fine shall be imposed at the following levels:

a) VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to less than VND 2,000,000;

b) VND 1,000,000 to VND 2,000,000 for violations with a value from VND 2,000,000 to less than VND 5,000,000;

c) VND 2,000,000 to VND 4,000,000 for violations with a value from VND 5,000,000 to less than VND 10,000,000;

d) VND 4,000,000 to VND 8,000,000 for violations with a value from VND 10,000,000 to less than VND 20,000,000;

đ) VND 8,000,000 to VND 12,000,000 for violations with a value from VND 20,000,000 to less than VND 30,000,000;

e) VND 12,000,000 to VND 16,000,000 for violations with a value from VND 30,000,000 to less than VND 40,000,000;

g) VND 16,000,000 to VND 20,000,000 for violations with a value from VND 40,000,000 to less than VND 50,000,000;

h) VND 20,000,000 to VND 30,000,000 for violations with a value from VND 50,000,000 to less than VND 60,000,000;

i) VND 30,000,000 to VND 40,000,000 for violations with a value of VND 60,000,000 or more.

4. Remedying consequences:

a) Compel the return of the amount of the violation to the revenue account of the health insurance fund;

b) Compel repayment of medical examination and treatment costs within the scope of health insurance benefits and entitlements that the insured person has had to pay out-of-pocket (if any);

Article 24. Violations concerning the scope of benefits enjoyed by insured persons

1. Warning for the first violation and the value of the violation is less than VND 1,000,000.

2. A fine of VND 300,000 to VND 500,000 for repeat violations where the value of the violation is less than VND 1,000,000.

3. The fine shall be imposed at the following levels:

a) VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to less than VND 5,000,000;

b) VND 1,000,000 to VND 2,000,000 for violations with a value from VND 5,000,000 to less than VND 10,000,000;

c) VND 2,000,000 to VND 3,000,000 for violations with a value from VND 10,000,000 to less than VND 15,000,000;

d) VND 3,000,000 to VND 4,000,000 for violations with a value from VND 15,000,000 to less than VND 20,000,000;

đ) VND 4,000,000 to VND 5,000,000 for violations with a value from VND 20,000,000 to less than VND 40,000,000;

e) VND 5,000,000 to VND 6,000,000 for violations with a value of VND 40,000,000 or more.

4. Measures to remedy consequences:

a) Compel the return of the examination and treatment costs within the scope of benefits that the insured person had to pay out-of-pocket (if any);

b) Compel the return of the amount that the health insurance fund was damaged (if any) to the revenue account of the health insurance fund.

Article 25. Violations concerning the level of health insurance benefits enjoyed by insured persons

1. Warning for the first violation and the value of the violation is less than VND 1,000,000.

2. A fine of VND 300,000 to VND 500,000 for repeat violations where the value of the violation is less than VND 1,000,000.

3. The fine shall be imposed at the following levels:

a) From VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to under VND 2,000,000;

b) VND 1,000,000 to VND 2,000,000 for violations with a value from VND 2,000,000 to less than VND 5,000,000;

c) VND 2,000,000 to VND 3,000,000 for violations with a value from VND 5,000,000 to less than VND 10,000,000;

d) VND 3,000,000 to VND 4,000,000 for violations with a value from VND 10,000,000 to less than VND 20,000,000;

đ) VND 4,000,000 to VND 5,000,000 for violations with a value from VND 20,000,000 to less than VND 40,000,000;

e) VND 5,000,000 to VND 6,000,000 for violations with a value of VND 40,000,000 or more.

4. Measures to remedy consequences:

a) Compel the return of the examination and treatment costs within the level of health insurance benefits that the insured person had to pay out-of-pocket (if any);

b) Compel the return of the amount that the health insurance fund was damaged (if any) to the revenue account of the health insurance fund.

Article 26. Acts of supplying insufficient medicines, chemicals, medical materials, and technical services in health insurance medical examinations and treatments

1. Warning for the first violation and the value of the violation is less than VND 1,000,000.

2. A fine of VND 300,000 to VND 500,000 for repeat violations where the value of the violation is less than VND 1,000,000.

3. The fine shall be imposed at the following levels:

a) A fine of VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to less than VND 10,000,000;

b) From VND 1,000,000 to VND 2,000,000 for violations with a value from VND 10,000,000 to under VND 20,000,000;

c) From VND 2,000,000 to VND 4,000,000 for violations with a value from VND 20,000,000 to under VND 40,000,000;

d) A fine of VND 4,000,000 to VND 8,000,000 for violations with a value from VND 40,000,000 to less than VND 80,000,000;

đ) A fine of VND 8,000,000 to VND 16,000,000 for violations with a value from VND 80,000,000 to less than VND 120,000,000;

e) A fine of VND 16,000,000 to VND 32,000,000 for violations with a value from VND 120,000,000 to less than VND 160,000,000;

g) A fine of VND 32,000,000 to VND 40,000,000 for violations with a value from VND 160,000,000 or more;

4. Measures to remedy consequences:

a) Compel to supply sufficient medicines, chemicals, medical materials, and technical services as prescribed;

b) Compel to refund the costs of medical examinations and treatments that the subject had to pay out-of-pocket (if any).

Article 27. Acts of abusing medical services in health insurance medical examinations and treatments

1. Warning for the first violation and the value of the violation is less than VND 1,000,000.

2. A fine of VND 300,000 to VND 500,000 for repeat violations where the value of the violation is less than VND 1,000,000.

3. The fine shall be imposed at the following levels:

a) A fine of VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to less than VND 5,000,000;

b) VND 1,000,000 to VND 2,000,000 for violations with a value from VND 5,000,000 to less than VND 10,000,000;

c) A fine of VND 2,000,000 to VND 4,000,000 for violations with a value from VND 10,000,000 to less than VND 20,000,000;

d) A fine of VND 4,000,000 to VND 8,000,000 for violations with a value from VND 20,000,000 to less than VND 40,000,000;

đ) A fine of VND 8,000,000 to VND 16,000,000 for violations with a value from VND 40,000,000 to less than VND 60,000,000;

e) A fine of VND 16,000,000 to VND 32,000,000 for violations with a value from VND 60,000,000 to VND 80,000,000;

g) A fine of VND 32,000,000 to VND 40,000,000 for violations with a value from VND 80,000,000 or more;

4. Measures to remedy consequences:

a) Compel to refund the amount of money that the health insurance participant was damaged (if any);

b) Compel to refund the amount of money violated into the revenue account of the health insurance fund (if any).

Article 28. Acts of misapplying prices, incorrectly recording types, units, and names of technical services in the settlement of medical examination and treatment costs under health insurance

1. Warning for the first violation and the value of the violation is less than VND 1,000,000.

2. A fine of VND 300,000 to VND 500,000 for repeat violations where the value of the violation is less than VND 1,000,000.

3. The fine shall be imposed at the following levels:

a) A fine of VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to less than VND 5,000,000;

b) VND 1,000,000 to VND 2,000,000 for violations with a value from VND 5,000,000 to less than VND 10,000,000;

c) A fine of VND 2,000,000 to VND 4,000,000 for violations with a value from VND 10,000,000 to less than VND 20,000,000;

d) A fine of VND 4,000,000 to VND 8,000,000 for violations with a value from VND 20,000,000 to less than VND 40,000,000;

đ) A fine of VND 8,000,000 to VND 16,000,000 for violations with a value from VND 40,000,000 to less than VND 80,000,000;

e) A fine of VND 16,000,000 to VND 32,000,000 for violations with a value from VND 80,000,000 to less than VND 120,000,000;

g) A fine of VND 32,000,000 to VND 40,000,000 for violations with a value from VND 120,000,000 or more.

4. Measures to remedy consequences:

a) Compel the return of the amount of the violation to the revenue account of the health insurance fund;

b) Compel repayment of medical examination and treatment costs within the scope of health insurance benefits and entitlements that the insured person has had to pay out-of-pocket (if any);

Article 29. Acts of determining benefits in health insurance medical examinations and treatments that are inconsistent with information on the health insurance card

1. Warning for the first violation and the value of the violation is less than VND 1,000,000.

2. A fine of VND 300,000 to VND 500,000 for repeat violations where the value of the violation is less than VND 1,000,000.

3. The fine shall be imposed at the following levels:

a) A fine of VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to less than VND 5,000,000;

b) VND 1,000,000 to VND 2,000,000 for violations with a value from VND 5,000,000 to less than VND 10,000,000;

c) VND 2,000,000 to VND 3,000,000 for violations with a value from VND 10,000,000 to less than VND 15,000,000;

d) VND 3,000,000 to VND 4,000,000 for violations with a value from VND 15,000,000 to less than VND 20,000,000;

đ) VND 4,000,000 to VND 5,000,000 for violations with a value from VND 20,000,000 to less than VND 40,000,000;

e) VND 5,000,000 to VND 6,000,000 for violations with a value of VND 40,000,000 or more.

4. Measures to remedy consequences:

a) Compel the return of the examination and treatment costs within the scope of benefits that the insured person had to pay out-of-pocket (if any);

b) Compel to refund the amount of money that the medical examination and treatment facility was damaged (if any);

c) Compel to refund the amount of money violated into the revenue account of the health insurance fund (if any).

Article 30. Acts of causing difficulties and hindrances to health insurance medical examinations and treatments

1. Warning for the first violation and not causing damage to the rights and interests of health insurance participants and health insurance medical examination and treatment facilities.

2. A fine of VND 300,000 to VND 500,000 for repeated violations but not causing damage to the rights and interests of health insurance participants and health insurance medical examination and treatment facilities.

3. A fine for violations causing damage according to the following levels:

a) A fine of VND 500,000 to VND 1,000,000 for violations with a value from VND 1,000,000 to less than VND 5,000,000;

b) VND 1,000,000 to VND 2,000,000 for violations with a value from VND 5,000,000 to less than VND 10,000,000;

c) VND 2,000,000 to VND 3,000,000 for violations with a value from VND 10,000,000 to less than VND 15,000,000;

d) VND 3,000,000 to VND 4,000,000 for violations with a value from VND 15,000,000 to less than VND 20,000,000;

đ) VND 4,000,000 to VND 5,000,000 for violations with a value from VND 20,000,000 to less than VND 40,000,000;

e) VND 5,000,000 to VND 6,000,000 for violations with a value of VND 40,000,000 or more.

4. Measures to remedy consequences:

a) Compel to refund the costs of medical examinations and treatments within the scope of health insurance benefits and entitlements that the subject had to pay out-of-pocket (if any);

b) Compel to refund the amount of money that the medical examination and treatment facility was damaged (if any).

Article 31. Violations of regulations and professional rules at medical examination and treatment facilities when conducting health insurance appraisal

1. Warning for the first violation that does not cause damage to the rights and interests of health insurance participants or medical examination and treatment facilities.

2. A fine of VND 300,000 to VND 500,000 for repeated violations that do not cause damage to the rights and interests of health insurance participants or medical examination and treatment facilities.

3. A fine of VND 500,000 to VND 2,000,000 for violations causing damage to the rights and interests of health insurance participants or medical examination and treatment facilities.

4. Measures to remedy consequences:

a) Compel compliance with all regulations and rules;

b) Compel repayment of the amount violated to the medical examination and treatment facility (if applicable).

Article 32. Non-transparent actions when conducting health insurance appraisal

1. Warning for the first violation that does not cause damage to the rights and interests of health insurance participants, medical examination and treatment facilities, and the health insurance fund.

2. A fine of VND 300,000 to VND 500,000 for repeated violations that do not cause damage to the rights and interests of health insurance participants, medical examination and treatment facilities, and the health insurance fund.

3. A fine of VND 500,000 to VND 2,000,000 for violations causing damage to the rights and interests of health insurance participants, medical examination and treatment facilities, or the health insurance fund.

4. Measures to remedy consequences:

a) Compel compliance with all regulations and rules;

b) Compel repayment of the amount violated to the medical examination and treatment facility (if applicable);

c) Compel repayment of the amount violated to the health insurance participant (if applicable);

d) Compel repayment of the amount violated into the revenue account of the health insurance fund (if applicable).

Article 33. Obstructing health insurance appraisal work

1. Warning for the first violation that does not cause damage to the rights and interests of health insurance participants, medical examination and treatment facilities, and the health insurance fund.

2. A fine of VND 300,000 to VND 500,000 for repeated violations that do not cause damage to the rights and interests of health insurance participants, medical examination and treatment facilities, and the health insurance fund.

3. A fine of VND 500,000 to VND 2,000,000 for violations causing damage to the rights and interests of health insurance participants, medical examination and treatment facilities, or the health insurance fund.

4. Measures to remedy consequences:

a) Compel compliance with health insurance appraisal according to regulations;

b) Compel repayment of medical examination and treatment costs within the scope of health insurance benefits that the participant has had to pay out-of-pocket (if applicable);

c) Compel to refund the amount of money violated into the revenue account of the health insurance fund (if any).

Article 34. Including contents contrary to legal provisions in medical examination and treatment contracts under health insurance

1. Warning for violations that do not cause damage to the rights and interests of health insurance participants, medical examination and treatment facilities, and the health insurance fund.

2. Imposing fines at the following levels:

a) VND 1,000,000 to VND 5,000,000 for violations with a value below VND 50,000,000;

b) VND 5,000,000 to VND 10,000,000 for violations with a value from VND 50,000,000 to less than VND 100,000,000;

c) VND 10,000,000 to VND 15,000,000 for violations with a value from VND 100,000,000 to less than VND 500,000,000;

d) VND 15,000,000 to VND 20,000,000 for violations with a value from VND 500,000,000 to less than VND 1,000,000,000;

đ) VND 20,000,000 to VND 30,000,000 for violations with a value from VND 1,000,000,000 to less than VND 10,000,000,000;

e) VND 30,000,000 to VND 40,000,000 for violations with a value of VND 10,000,000,000 or more.

3. Measures to remedy consequences:

a) Compel cancellation of contents in medical examination and treatment contracts under health insurance that contravene regulations;

b) Compel repayment of the amount violated (if applicable) into the revenue account of the health insurance fund;

c) Compel repayment of losses suffered by the medical examination and treatment facility (if applicable);

d) Compel repayment of medical examination and treatment costs within the scope of health insurance benefits that the participant has had to pay out-of-pocket (if applicable).

Article 35. Unilateral acts of terminating medical examination and treatment insurance contracts

1. Warning for the first violation that does not cause damage to the rights and interests of health insurance participants, medical examination and treatment facilities, and the health insurance fund.

2. A fine of from VND 500,000 to VND 1,000,000 for repeated violations that do not cause damage to the rights and interests of health insurance participants, medical examination and treatment facilities, and the health insurance fund.

3. A fine shall be imposed on violations causing damage to the rights and interests of health insurance participants, medical examination and treatment facilities, or the health insurance fund, as follows:

a) From VND 1,000,000 to VND 5,000,000 for violations with a value under VND 50,000,000;

b) From VND 5,000,000 to VND 10,000,000 for violations with a value from VND 50,000,000 to under VND 100,000,000;

c) From VND 10,000,000 to VND 15,000,000 for violations with a value from VND 100,000,000 to under VND 500,000,000;

d) From VND 15,000,000 to VND 20,000,000 for violations with a value from VND 500,000,000 to under VND 1,000,000,000;

đ) From VND 20,000,000 to VND 30,000,000 for violations with a value from VND 1,000,000,000 to under VND 10,000,000,000;

e) From VND 30,000,000 to VND 40,000,000 for violations with a value from VND 10,000,000,000 or more.

4. Measures to remedy consequences:

a) Compel the performance of the contents of the signed contract;

b) Compel the implementation of the decision of the competent authority regarding the resolution of disputes over medical examination and treatment insurance contracts;

c) Compel the repayment of the amount of loss into the revenue account of the health insurance fund or the medical examination and treatment facility (if applicable);

d) Compel the repayment of the amount of loss suffered by the health insurance participant (if applicable).

Section 4

VIOLATIONS IN THE MANAGEMENT AND USE OF HEALTH INSURANCE FUNDS

Article 36. Acts of temporarily advancing or settling medical examination and treatment costs for medical examination and treatment facilities in excess of the prescribed amount

1. Warning for the first violation and the value of the violation under VND 20,000,000.

2. A fine of from VND 500,000 to VND 1,000,000 for repeated violations and the value of the violation under VND 20,000,000.

3. The fine shall be imposed at the following levels:

a) From VND 1,000,000 to VND 2,000,000 for violations with a value from VND 20,000,000 to under VND 40,000,000;

b) From VND 2,000,000 to VND 4,000,000 for violations with a value from VND 40,000,000 to under VND 80,000,000;

c) From VND 4,000,000 to VND 8,000,000 for violations with a value from VND 80,000,000 to under VND 100,000,000;

d) From VND 8,000,000 to VND 12,000,000 for violations with a value from VND 100,000,000 to under VND 500,000,000;

đ) From VND 12,000,000 to VND 16,000,000 for violations with a value from VND 500,000,000 or more.

4. Measures to remedy consequences:

a) Compel the temporary advance or settlement of medical examination and treatment costs in accordance with regulations;

b) Compel the repayment of the amount of loss suffered by the medical examination and treatment facility (if applicable).

Article 37. Acts of temporarily advancing or settling medical examination and treatment costs for medical examination and treatment facilities later than the prescribed time

1. Warning for the first violation that does not cause damage to the rights and interests of medical examination and treatment facilities and health insurance participants.

2. A fine of from VND 1,000,000 to VND 5,000,000 for repeated violations that do not cause damage to the rights and interests of medical examination and treatment facilities and health insurance participants.

3. A fine shall be imposed on violations causing damage to the rights and interests of medical examination and treatment facilities or health insurance participants, as follows:

a) From VND 5,000,000 to VND 10,000,000 for cases exceeding the prescribed time by less than 30 days;

b) From VND 10,000,000 to VND 20,000,000 for cases exceeding the prescribed time by 30 days or more.

4. Measures to remedy consequences:

a) Compel the temporary advance or settlement of medical examination and treatment costs in accordance with the prescribed time.

b) Compel repayment of medical examination and treatment costs within the scope of health insurance benefits and entitlements that the insured person has had to pay out-of-pocket (if any);

Article 38. Acts of misusing the health insurance fund in violation of regulations

1. A fine of from VND 500,000 to VND 1,000,000 for the first violation that has not caused damage to the health insurance fund.

2. A fine of from VND 1,000,000 to VND 2,000,000 for repeated violations that have not caused damage to the health insurance fund.

3. A fine for violations causing damage to the health insurance fund shall be imposed according to the following levels:

a) From VND 2,000,000 to VND 5,000,000 for violations with a value under VND 50,000,000;

b) From VND 5,000,000 to VND 10,000,000 for violations with a value from VND 50,000,000 to under VND 100,000,000;

c) From VND 10,000,000 to VND 20,000,000 for violations with a value from VND 100,000,000 to under VND 500,000,000;

d) From VND 20,000,000 to under VND 30,000,000 for violations with a value from VND 500,000,000 to under VND 1,000,000,000;

đ) From VND 30,000,000 to VND 40,000,000 for violations with a value from VND 1,000,000,000 or more.

4. Measures to remedy consequences:

a) Compel the correct use of the health insurance fund;

b) Compel the payment of the amount of the violation into the revenue account of the health insurance fund (if applicable).

Section 5

VIOLATIONS REGARDING REPORTING, PROVIDING INFORMATION AND DATA ON HEALTH INSURANCE

Article 39. Acts of reporting on the implementation of health insurance not in accordance with the prescribed time limit, failure to provide data, or provision of inaccurate data to competent state agencies.

1. Warning for the first violation that has not affected management work, organization of implementation, and policy development for health insurance.

2. A fine of from VND 1,000,000 to VND 5,000,000 for repeated violations that have not affected management work, organization of implementation, and policy development for health insurance.

3. A fine of from VND 5,000,000 to VND 10,000,000 for violations that have affected management work, organization of implementation, and policy development for health insurance.

4. Remedying consequences:

a) Compel compliance with the reporting regulations of competent state agencies;

b) Compel the full and accurate provision of content, in the correct form, and with accurate data within ten working days from the date of issuance of the penalty decision.

Article 40. Acts of failing to provide, providing incorrect, or failing to provide timely information about insured persons, the health insurance fund used for medical examination and treatment at healthcare facilities.

1. Warning for the first violation that has not caused damage to the health insurance fund used for medical examination and treatment at healthcare facilities.

2. A fine of from VND 300,000 to VND 500,000 for repeated violations that have not caused damage to the health insurance fund used for medical examination and treatment at healthcare facilities.

3. A fine for violations causing damage to the health insurance fund used for medical examination and treatment at healthcare facilities shall be imposed according to the following levels:

a) From VND 1,000,000 to VND 2,000,000 for violations with a value under VND 50,000,000;

b) From VND 2,000,000 to VND 4,000,000 for violations with a value from VND 50,000,000 to under VND 100,000,000;

c) From VND 4,000,000 to VND 8,000,000 for violations with a value from VND 100,000,000 to under VND 200,000,000;

d) From VND 8,000,000 to VND 16,000,000 for violations with a value from VND 200,000,000 or more.

4. Measures to remedy consequences:

Compel the full and accurate provision of information on insured persons and the health insurance fund used for medical examination and treatment at healthcare facilities.

Article 41. Acts of not providing, providing insufficiently, or providing inaccurate information in the resolution of patient benefits at healthcare facilities or direct payment to health insurance participants

1. Warning for the first violation and where no damage has been caused to the rights of insured persons.

2. A fine of VND 100,000 to VND 300,000 for repeated violations where no damage has been caused to the rights of insured persons.

3. A fine of VND 500,000 to VND 1,000,000 for violations causing damage to the rights and interests of health insurance participants.

4. Measures to remedy consequences:

a) Compel to provide fully and accurately all relevant information related to the resolution of benefits for health insurance participants at healthcare facilities or direct payment to health insurance participants.

b) Compel to refund the costs of medical examination and treatment within the scope of health insurance benefits that the health insurance participant has had to pay out-of-pocket (if applicable).

Article 42. Acts of submitting settlement reports on medical examination and treatment costs under health insurance later than the prescribed time

1. Warning for the first violation.

2. A fine for repeated violations according to the following levels:

a) From VND 5,000,000 to VND 10,000,000 for cases where the submission is delayed by less than 15 days from the prescribed time.

b) From VND 10,000,000 to VND 20,000,000 for cases where the submission is delayed by 15 days or more from the prescribed time.

3. Measures to remedy consequences:

Compel to submit settlement reports on medical examination and treatment costs under health insurance within the prescribed time.

Chapter 6

VIOLATIONS OF REGULATIONS ON INSPECTION AND AUDIT THAT OBSTRUCT THE MANAGEMENT ACTIVITIES OF THE STATE IN HEALTH INSURANCE

Article 43. Acts of not complying with or obstructing inspection and audit activities to implement laws and regulations on health insurance

1. Warning for the first violation.

2. A fine of VND 1,000,000 to VND 5,000,000 for repeated violations.

3. Measures to remedy consequences: Compel compliance with the inspection and audit activities of authorized agencies as stipulated by the law on inspection.

Article 44. Acts of not complying with the provisions of state agencies with authority

1. Warning for the first violation and no damage to the rights and interests of health insurance participants, healthcare facilities, and the health insurance fund.

2. A fine of VND 300,000 to VND 500,000 for repeated violations without causing damage to the rights and interests of health insurance participants, healthcare facilities, and the health insurance fund.

3. A fine for violations causing damage to the rights and interests of health insurance participants, healthcare facilities, or the health insurance fund according to the following levels:

a) From VND 1,000,000 to VND 5,000,000 for violations with a value below VND 20,000,000.

b) From VND 5,000,000 to VND 10,000,000 for violations with a value from VND 20,000,000 to below VND 40,000,000.

c) From VND 10,000,000 to VND 20,000,000 for violations with a value from VND 40,000,000 to below VND 80,000,000.

d) From VND 20,000,000 to VND 30,000,000 for violations with a value from VND 80,000,000 to below VND 160,000,000.

đ) From VND 30,000,000 to VND 40,000,000 for violations with a value of VND 160,000,000 or more.

4. Measures to remedy consequences:

a) Compel compliance with the provisions of state agencies with authority.

b) Compel to refund the amount of loss suffered by individuals or organizations (if applicable).

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 45. The Authority of the Chairpersons of People's Committees at All Levels to Impose Administrative Sanctions in the Field of Health Insurance

The Chairpersons of People's Committees at all levels have the authority to impose administrative sanctions in the field of health insurance within their jurisdiction as follows:

1. The Chairperson of the People's Committee at the commune level has the authority to impose sanctions:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) Confiscate objects and means used in administrative violations in the field of health insurance with a value up to VND 2,000,000.

d) Revoke or temporarily seize health insurance cards.

2. The Chairperson of the People's Committee at the district level has the authority to impose sanctions:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate objects and means used in administrative violations in the field of health insurance.

d) Revoke or temporarily seize health insurance cards.

đ) Apply measures to remedy consequences as provided for in point a, b, and c, Clause 3, Article 4 of this Decree.

3. The Chairperson of the People's Committee at the provincial level has the authority to impose sanctions:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Confiscate objects and means used in administrative violations in the field of health insurance.

d) Revoke or temporarily seize health insurance cards.

đ) Compel the implementation of measures to remedy consequences as provided for in Clause 3, Article 4 of this Decree.

Article 46. Competence to impose administrative sanctions for violations in the field of health insurance of the Health Inspectorate

1. Health inspectors when performing their duties have the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate objects and means used in administrative violations in the field of health insurance with a value up to VND 2,000,000.

d) Revoke or temporarily seize health insurance cards.

đ) Compel the implementation of measures to remedy consequences as provided for in Clause 3, Article 4 of this Decree.

2. The head of the Health Inspectorate of the Department of Health has the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate objects and means used in administrative violations in the field of health insurance.

d) Revoke or temporarily seize health insurance cards.

d) To compel the implementation and application of measures to remedy consequences prescribed in Clause 3, Article 4 of this Decree.

3. The head of the Health Inspectorate of the Ministry of Health has the right:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Confiscate objects and means used in administrative violations in the field of health insurance.

d) Revoke or temporarily seize health insurance cards.

đ) Compel the implementation of measures to remedy consequences as provided for in Clause 3, Article 4 of this Decree.

Article 47. Competence to impose administrative sanctions concerning financial systems for health insurance of the Financial Inspectorate

1. Financial inspectors when performing their duties within their functions have the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate objects and means used in administrative violations in the field of health insurance with a value up to VND 2,000,000.

d) Revoke or temporarily seize health insurance cards.

đ) Compel the implementation of measures to remedy consequences as provided for in Clause 3, Article 4 of this Decree.

2. The Director of the Department of Finance's Inspectorate has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate objects and means used in administrative violations in the field of health insurance.

d) Revoke or temporarily seize health insurance cards.

d) To compel the implementation and application of measures to remedy consequences prescribed in Clause 3, Article 4 of this Decree.

3. The head of the Financial Inspectorate of the Ministry of Finance:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Confiscate objects and means used in administrative violations in the field of health insurance.

d) Revoke or temporarily seize health insurance cards.

đ) Compel the implementation of measures to remedy consequences as provided for in Clause 3, Article 4 of this Decree.

Article 48. Competence to impose administrative sanctions for violations in the field of health insurance of other agencies

1. In addition to the competence to impose sanctions prescribed in Articles 45, 46, and 47 of this Decree, other authorized persons according to the Administrative Violation Handling Ordinance in their assigned functions and tasks who discover violations stipulated in this Decree within their management areas shall have the right to impose sanctions.

2. In cases where administrative violations fall under the jurisdiction of multiple agencies, the agency that first receives the case shall handle it.

3. The Vietnam Social Security, provincial and district-level social security organizations during the process of organizing the implementation of health insurance, if they discover administrative violations in the field of health insurance, shall be responsible for preparing records and recommending competent authorities to impose administrative sanctions according to regulations. Upon receiving the violation record and the penalty recommendation from the social security organization, the competent authority must handle the violation within 10 days according to regulations.

Article 49. Delegation of Authority to Impose Administrative Sanctions

In cases where those authorized to impose administrative sanctions as prescribed in Articles 45, 46, 47, and 48 of this Decree are absent, their deputies shall be delegated with the authority to impose administrative sanctions and shall bear responsibility for their decisions.

Article 50. Procedures for Imposing Administrative Sanctions and Compliance with Penalty Decisions

1. The procedures for imposing administrative sanctions and compliance with decisions on administrative penalties in the field of health insurance shall be applied according to Resolution No. 44/2002/PL-UBTVQH10 dated July 2, 2002 of the Standing Committee of the National Assembly on Handling Administrative Violations; Resolution No. 04/2008/UBTVQH12 dated April 2, 2008 amending and supplementing certain articles of Resolution No. 44/2002/PL-UBTVQH10 dated July 2, 2002; and Decree No. 128/2008/NĐ-CP of the Government detailing the implementation of some provisions of Resolution No. 04/2008/UBTVQH12 dated April 2, 2008 on Handling Administrative Violations.

2. Templates for violation records and decisions used in imposing administrative sanctions in the field of health insurance are issued together with this Decree.

Article 51. Deduction of Funds from Accounts of Agencies, Organizations, and Employers Responsible for Paying Health Insurance Contributions to Pay Unpaid Amounts and Interest Thereon into the Health Insurance Fund

1. After the expiration of the 10-day period from the date of issuance of the decision on administrative penalties, if agencies, organizations, or employers responsible for paying health insurance contributions do not voluntarily pay the arrears or have paid but not fully covered the unpaid contributions, late payments, and interest accrued thereon into the health insurance fund, the person authorized to handle administrative violations shall request banks, state treasuries, and credit institutions to deduct funds from the accounts of agencies, organizations, or employers responsible for paying health insurance contributions to pay the unpaid amounts and interest accrued thereon into the health insurance fund account.

2. The person authorized to request banks, state treasuries, and credit institutions to deduct funds from the accounts of agencies, organizations, or employers responsible for paying health insurance contributions as prescribed in Clause 1 of this Article is:

a) Chairman of the People's Committee at the district level;

b) Chairman of the People's Committee at the provincial level;

c) Head of the Health Inspectorate of the Department of Health;

d) Head of the Health Inspectorate of the Ministry of Health;

đ) Head of the Financial Inspectorate of the Department of Finance;

e) Head of the Financial Inspectorate of the Ministry of Finance;

g) Other authorized persons as prescribed.

3. The Ministry of Health shall take the lead in coordinating with the Ministry of Finance and the State Bank to provide detailed guidance on the procedures and formalities for deducting funds from the accounts of agencies, organizations, or employers responsible for paying health insurance contributions as prescribed in Clauses 1 and 2 of this Article.

Chapter IV

Article IMPLEMENTATION PROVISIONS

Article 52. Effective Date

This Decree takes effect from December 1, 2011.

Article 53. Responsibility for Implementation

1. The Minister of Health is responsible for organizing and supervising the implementation of this Decree.

2. The Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairpersons of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.