The DECREE of the Government issued the Charter for health insurance the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
According to the recommendation of the Minister of health, the DECREE: article 1. Now attached to this Decree the Charter for health insurance.
Article 2. The Decree has effect after 45 days from the date of signing. This Decree replaces Decree No. 299/dated August 15, 1992 of the Council of Ministers (the Government) issued the Charter for health insurance and Decree No. 47/CP dated 6 June 1994 from the Government to modify some articles of the Charter for health insurance.
Article 3. The Secretary of the Ministry: medical, financial, labour, invalids and Social Affairs, the Minister-head of the Organization Department of the Government officials responsible for guiding the implementation of this Decree.
Article 4. The Ministers, heads of ministerial agencies, government agencies and the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.
 
Medical INSURANCE CONDITIONS attached Decree No. 58/1998/ND-CP, dated 13 August 1998 by the Government.
 
Chapter I GENERAL PROVISIONS article 1. Health insurance (HEALTH INSURANCE) specified in this Charter is a social policy organized by the State to mobilize contributions from employers, employees, institutions and individuals, to pay medical expenses under the provisions of this Charter for the HEALTH INSURANCE card when sick.
Article 2. Compulsory health insurance is applicable to the following cases: 1. Employees working in Vietnam: a) State enterprises, including enterprises in the armed forces;
b) economic institutions in the administrative career, party, the social-political organization;
c) enterprises, foreign-invested export processing zones, industrial parks; the Agency, foreign organizations, international organizations in Vietnam, unless the international treaties to which the Socialist Republic of Vietnam signed or otherwise;
d) units, State economic organizations have from 10 or more workers.
2. Officials and public servants working in the agencies, career; people who work in the organs of the party, the social-political organization; Officer, Ward, the commune, the enjoyment of living expenses every month as stipulated in Decree No. 09/1998/ND-CP, dated 23 January 1998 of the Government; people who work in elected bodies from the central to the social level, ward.
3. Who is entitled to pension regimes, social insurance allowance every month due to the deterioration of labor.
4. People of the revolution under the provisions of the law.
5. The object of social protection are the State funding through social insurance.
Article 3. Voluntary health insurance is applicable to all investors wishing to participate in HEALTH INSURANCE.
Article 4.
1. HEALTH INSURANCE Fund formed from pay and HEALTH INSURANCE from other sources.
2. INSURANCE Fund be managed, used to pay the cost of treatment and HEALTH INSURANCE career management.
3. The operation of HEALTH INSURANCE do not have to pay tax.
Article 5. Vietnam health insurance agencies are organized according to vertical systems and managed from the central to local; State funding for the construction of infrastructure, engineering; be taken measures to conserve and increase HEALTH INSURANCE funds according to provisions of the law.
 
CHAPTER II the health insurance REGIME and the PAYMENT of the COST of treatment for health insurance article 6. People who have HEALTH INSURANCE cards required to enjoy MEDICAL INSURANCE mode when treatment outpatient and inpatient, including: 1. Examination, diagnosis and treatment;
2. Tests, x-ray imaging, functional probe;
3. Smoking in the category according to the regulations of the Ministry of health;
4. Blood, fluids;
5. The procedure, surgical;
6. Use supplies, medical equipment and hospital bed.
Article 7. The cost of HEALTH INSURANCE clinics are paid according to the following levels: 1. HEALTH INSURANCE Funds pay 80% of the cost of healthcare by price hospital fees, the remaining 20% self pay patient base for examination. Private object in an social incentive provisions in the Ordinance of incentives the revolutionary activities, martyrs and martyrs families, invalids, sick soldiers, who operate the resistance, people help fund HEALTH INSURANCE are paid 100% of the costs of examination and treatment by price hospital fees;
2. If the amount that the patient self pays 20% of the cost of treatment in the year has exceeded 6 months minimum wage, then the costs of examination and treatment in the next year will be full payment of HEALTH INSURANCE Fund.
Article 8. People who have HEALTH INSURANCE card just enjoy HEALTH INSURANCE regime under the provisions of article 7 of the Charter when: 1. Examination and treatment in medical establishments have to register on the card to health care and management;
2. Examination and treatment in medical establishments according to introduce transfer institution consistent with online technical expertise according to the regulations of the Ministry of health;
3. Examination and treatment in any medical facility in the State of emergency.
Article 9. In the case of treatment according to the patient's own request: choose a physician, patient accommodations, buffet, buffet basis of examination and treatment, choose the medical services; examination and treatment beyond the online technical expertise according to the regulations of the Ministry of health; examination and treatment at medical institutions do not have contracts with HEALTH INSURANCE agency INSURANCE Fund shall only pay the cost of treatment according to the prices at the appropriate technical expertise according to the regulations of the Ministry of health and in accordance with article 7 of this Charter. The increased disparity part (if any) paid by the HEALTH INSURANCE card for examination and treatment facility.
Article 10. The Foundation of HEALTH INSURANCE of non-payment in the following cases: 1. The treatment of leprosy; the use of drugs in the treatment of tuberculosis, malaria, schizophrenia, epilepsy, family planning services (because the State budget has covered);
2. Prevention and curing rabies; prevention, screening, diagnosis, and treatment of HIV-AIDS, gonorrhea, syphilis;
3. preventive vaccinations, nursing, health resorts, health screenings, treatment of infertility;
4. Correcting and cosmetic, make prosthetics, eye, dentures, eyeglasses, hearing aids, artificial crystals, artificial joints, and artificial heart valves;
5. congenital diseases and birth defects;
6. Occupational diseases, accidents, traffic accidents, accidents of war and natural disasters;
7. Suicide, intentionally causing injury, drug addiction, violated the law.
Article 11. Costs of examination and treatment of HEALTH INSURANCE be paid under two forms: 1. payment of HEALTH INSURANCE agency with the treatment facility under contract.
2. SOCIAL INSURANCE agency paid for the cost of HEALTH INSURANCE patient examination and treatment under the provisions of article 7 and article 9 of the Charter.
 
CHAPTER III RESPONSIBILITIES, method and the LEVEL of COMPULSORY medical INSURANCE PREMIUMS article 12. The level of play and the responsibility of compulsory HEALTH INSURANCE at closing, as follows: 1. The specified object in points a, b, paragraph 1 article 2 of the Charter, the closing of HEALTH INSURANCE by 3% of salary rank, position, the difference in reserves (if any) stated in labor contracts and regional allowances the expensive, position, seniority, in which the employer is responsible for close to 2%, workers close to 1%.
2. The objects specified in points c, d, paragraph 1 article 2 of the Charter, the closing of HEALTH INSURANCE by 3% of salaries, wages and allowances (if any) stated in the employment contract according to the regulations of the State in which the employer is responsible for close to 2%, workers close to 1%.
3. The objects prescribed in clause 2 article 2 of the Charter: a) for those who enjoy salaries: levels of INSURANCE and by closing 3% of salary rank, position, salary disparities reserves (if any) and Office allowances, regional, expensive, seniority, according to regulations of the State. The agency uses public servants, officers are responsible for close to 2%, public servants close to 1%.

b) for those who enjoy living expenses as staff working on the party, the Government, the unions and his career in the communes, wards and towns: closing level of HEALTH INSURANCE by 3% living expenses and allowances (if any). Subsistence-level agency closed 2%, who enjoy living expenses close to 1%.
c) for those who enjoy living expenses is the quorum incumbent people's Council levels, not in the State payroll or are not entitled to social insurance regimes: closed level of HEALTH INSURANCE by 3% of the current minimum wage, subsistence-level agency by the close.
4. The objects prescribed in clause 3, article 2 of the Charter, the closed level of HEALTH INSURANCE by 3% of the amount of pensions, grants monthly social insurance, social insurance agency directly.
5. The objects specified in paragraphs 4, 5, article 2 of the Charter, the closed level of HEALTH INSURANCE by 3% of the current minimum wage due to direct agencies to manage the funds of the closed object.
6. The Ministry of finance is responsible for the balance on the budget estimates for implementing the health insurance regime required for objects specified in point b, c paragraph 3, article 12 of this regulation from 1 January 1999.
Article 13. The method of closing the HEALTH INSURANCE 1. The Agency, the unit and the employer specified in paragraphs 1, 2, 3, article 12 of the Charter, before the close of HEALTH INSURANCE funds and collect money to close HEALTH INSURANCE of workers according to the rate specified in the HEALTH INSURANCE Fund to pay for at least 3 months.
2. Organs, funds management unit of the object specified in the clause 4.5, article 12 of the Charter, HEALTH INSURANCE HEALTH INSURANCE Fund into closed paid periodically for 3 months.
3. Bodies, the unit, the employers and INSURANCE agencies may sign a contract regarding payment of HEALTH INSURANCE card and the long term.
 
CHAPTER IV RIGHTS and RESPONSIBILITIES of the PARTIES article 14 health insurance.
1. People have the HEALTH INSURANCE card has the right to: a) Are treatment according to the mode of HEALTH INSURANCE as defined in chapter II of this regulation;
b) choose one of the basis of the initial examination and treatment in place of residence or the place where the work under the guidance of HEALTH INSURANCE Agency to manage health care, and treatment;
c) changed the place of registration of the initial examination and treatment at the end of each quarter;
d) Are paying hospital fees according to the mode of HEALTH INSURANCE when the first and second born child;
DD) requires HEALTH INSURANCE Agency to guarantee rights under the provisions of this Charter;
e) complaints with the competent State agencies when the employers, INSURANCE agencies, the basis of treatment violated the Charter.
2. People who have HEALTH INSURANCE card is responsible for: a full MEDICAL INSURANCE) played, time;
b) check of HEALTH INSURANCE card;
c) preserving and not let others borrow the card of HEALTH INSURANCE.
Article 15.
1. The Agency, unit and the employer has the right to: a.) refused to implement the requirements of the HEALTH INSURANCE bodies and the treatment facility does not meet the provisions of this Charter;
b) complaints with the competent State agencies when HEALTH INSURANCE bodies and the basis of treatment violated the rules of HEALTH INSURANCE. In the time of the complaint still must carry liability INSURANCE and closed under the provisions of this Charter.
2. Agencies, units and the employer is responsible for: a) Close of HEALTH INSURANCE as prescribed by the Charter of HEALTH INSURANCE;
b) provides HEALTH INSURANCE Agency documents on labour, wages, remuneration and allowances related to the closed regime and the implementation of HEALTH INSURANCE;
c) Executive control, inspection of INSURANCE regimes of the competent State bodies.
Article 16.
1. HEALTH INSURANCE Agency has the right to: a) requires agencies, units, the user closed and workers HEALTH INSURANCE regimes, provided the documents related to the closed and HEALTH INSURANCE regimes;
b) held the card dealer;
c) contracted with the treatment facility to medical examination and treatment for people who are HEALTH INSURANCE;
d) requires examination and treatment facility providing records, medical documents relating to the payment of the examination and treatment of HEALTH INSURANCE;
DD) refuses to pay the cost of treatment is not properly regulated by the rules of HEALTH INSURANCE or not true to the terms stated in the contract has been signed between the SOCIAL INSURANCE agency with the basis of examination and treatment;
e) seized the fake HEALTH INSURANCE card and vouchers to transfer to the Agency processed under the provisions of the law;
g) recommendations to the competent bodies to handle the unit, individuals violating the rules of HEALTH INSURANCE.
2. SOCIAL INSURANCE Agency is responsible for: a HEALTH INSURANCE card, cash) and guide the management, use of HEALTH INSURANCE card;
b) provided information on the basis of examination and treatment and guide participants HEALTH INSURANCE options to subscribe;
c) funds management, INSURANCE and payment rules and timely;
d) test, the assessment of HEALTH INSURANCE regimes;
DD) Organization of information, advocacy of HEALTH INSURANCE;
e) resolve complaints about HEALTH INSURANCE regimes under the authority.
Article 17.
1. examination and treatment establishments have the right to: a HEALTH INSURANCE Agency) requires advance funding and payment of examination fees under the provisions of the Charter of HEALTH INSURANCE and treatment contract has been signed;
b) examination and treatment and provide medical services in accordance with professional principles;
c the required HEALTH INSURANCE Agency) provides the data on registered HEALTH INSURANCE card at the treatment facility;
d) refuse to make the requirements in addition to the provisions of the Charter of HEALTH INSURANCE and signed contract with HEALTH INSURANCE Agency;
e) complaints with the competent bodies when agency HEALTH INSURANCE violates the contract examination and treatment of HEALTH INSURANCE.
2. examination and treatment facility is responsible for: a) made the right contract examination and treatment of HEALTH INSURANCE;
b) make the records and provide the relevant documents to the examination and treatment for people who are HEALTH INSURANCE, as the basis for payment and settlement of the dispute over HEALTH INSURANCE;
c) specifies the use of drugs, biological products, tips, tests, surgery and medical services, according to reasonable regulations on the technical expertise of the Ministry of health;
d) create conditions conducive to the permanent HEALTH INSURANCE Agency officers at the base to perform advocacy work, explanation of HEALTH INSURANCE; check out the guaranteed rights and resolve complaints related to the medical examination and treatment for people who have HEALTH INSURANCE card;
HEALTH INSURANCE card, inspection) detect and notify HEALTH INSURANCE Vietnam the violation and abuse of HEALTH INSURANCE regime.
 
Chapter V management, USE of FUNDS and medical INSURANCE CARDS Articles 18. HEALTH INSURANCE funds are centralized management, unified system of medical insurance in Vietnam; independent accounting with the State budget and State protection.
Article 19. Pay your HEALTH INSURANCE compulsory HEALTH INSURANCE participants are distributed using the following: 1. Take the 91.5% for examination and treatment Fund, which spends 5% reserve fund set up examination and treatment.
a) examination and treatment Fund in years not used up the move into the reserve fund;
b) where examination and treatment costs in the year exceed the solvency of the Fund treatment shall be added from the reserve fund.
2. Set aside 8.5% for the regular management of the medical insurance system in Vietnam under the annual estimates are approved and authorized the spending regime of State regulation.
3. Money temporarily idle (if any) of the HEALTH INSURANCE Fund is buying the Bills, bonds by the State Treasury, the State commercial bank released and made other measures aimed at conservation, increase HEALTH INSURANCE Fund but must ensure payment source when needed.
Health Minister-Finance issued finance management regulation for HEALTH INSURANCE Vietnam.
Article 20.
1. The card of HEALTH INSURANCE by health insurance Vietnam released.
2. HEALTH INSURANCE Card worth using right and constantly closing the HEALTH INSURANCE regulation.
3. HEALTH INSURANCE Cards have the value to use after 30 days from the close of HEALTH INSURANCE in the following cases: a first HEALTH INSURANCE);
b) continued HEALTH INSURANCE after a period of interruption for any reason.
 
CHAPTER VI VOLUNTARY Medical Insurance

Article 21. Voluntary health insurance provisions of this Charter in order to implement social policies in treatment, not for business purposes, not to apply the provisions of the law on insurance business.
Article 22. Voluntary health insurance is applied to all objects in the society, including foreigners to work, study, tourism in Vietnam.
The Government encourages the expansion and diversification of the types of voluntary INSURANCE and, at the same time encourage the Red Cross, charity, mass organizations, the economic organization of the State and private donations to buy the card of HEALTH INSURANCE for the poor. The people's Committee responsible levels of interest, create favorable conditions for local people to be involved in voluntary HEALTH INSURANCE.
Article 23.
1. The types of voluntary HEALTH INSURANCE include: a) covered outpatient treatment;
b) insurance inpatient examination and treatment;
c) ACCOMMODATE the additional modes of compulsory HEALTH INSURANCE;
d) other voluntary HEALTH INSURANCE types.
2. voluntary HEALTH INSURANCE card HEALTH INSURANCE funds had been paid the costs of examination and treatment consistent with the level of play and the kind of voluntary HEALTH INSURANCE has selected. If the level of voluntary medical insurance premiums equal compulsory medical insurance premiums on average in the area, the people have voluntary health insurance cards will enjoy medical insurance mode as specified in chapter II of the Charter.
Contact the Health Ministry-prescribed financial close and enjoy HEALTH INSURANCE rate level frame voluntarily; The Minister of health the specific guide entitled HEALTH INSURANCE rates and closing levels voluntarily applied to the locality after having the agreement of provincial people's committees, the central cities.
Article 24. Voluntary HEALTH INSURANCE revenues are separate accounting and use to spend on the following: 1. Pay the cost of treatment for people who have INSURANCE and voluntary card as specified.
2. Read for the agent, the voluntary HEALTH INSURANCE card.
3. Spent Managing the Agency's regular HEALTH INSURANCE.
Vietnam health insurance responsible managed funds of voluntary HEALTH INSURANCE. Health Minister-finance detailed rules and instructions for use of HEALTH INSURANCE funds.
 
CHAPTER VII HELD health insurance MANAGEMENT, article 25. Vietnam health insurance was established on the basis of the unified system of HEALTH INSURANCE agencies from central to local HEALTH departments to manage and implement the policy of HEALTH INSURANCE under this Charter.
Article 26. The Government assigned the Health Ministry implement state management functions on HEALTH INSURANCE. The content of State management is: 1. Construction of the policy and legislation on the supply of HEALTH INSURANCE issued or issued by the authority.
2. In coordination with the Ministry of finance and the Chairman of the provincial people's Committee, the city of centrally implemented voluntary HEALTH INSURANCE Guide.
3. Guide to inspection, inspection of the implementation of the provisions of the law on HEALTH INSURANCE.
Article 27. Vietnam health insurance is organized and managed by centralized, unified system from central to local level.
1. Central: health insurance Vietnam Ministry of health.
2. At the provincial level: provincial health insurance, central cities and affiliated industry health insurance health insurance Vietnam;
3. At the district level, district, city, or town in the (district) organized into branch directly under HEALTH INSURANCE health insurance province, central cities.
Vietnam health insurance have the task and powers: the organization implementing the Charter of HEALTH INSURANCE; incomes and expenses of HEALTH INSURANCE fund managers in the country; the proposed conservation, HEALTH INSURANCE funds and organized growth made after approval; printing, publishing and management of HEALTH INSURANCE card; organizational management, officers, servants, employees, the technical infrastructure in the whole system of HEALTH INSURANCE agency under the provisions of the State.
Regulations of the Organization and operations of the Vietnam health insurance by the Minister of Health issued after obtaining the agreement of the Minister, head of the Organization-Government officials.
Article 28. The Council administers health insurance Vietnam's authorities, monitoring the activities of Vietnam medical insurance.
The Council administers health insurance Vietnam mission, powers: directing, monitoring, checks the implementation management, currency, HEALTH INSURANCE funds; approval of HEALTH INSURANCE fund a/c system; decision on measures of conservation and growth of HEALTH INSURANCE Fund; through the estimation and payment of HEALTH INSURANCE Vietnam; approval organization, proposed split, enter, disbanded the unit members, recommend the appointment, dismissal, General Director of HEALTH INSURANCE Vietnam.
The Council manages Vietnam health insurance have the Chairman, Deputy Chairman and members.
Chairman of the Board of management is a leader in the Ministry of Health appointed by the Prime Minister on the advice of the Minister of health and Minister, head of the Organization-Government officials. The members are representatives of competent ministries: health, finance, labor, invalids and Social Affairs, the Vietnam General Confederation of labor and the Vietnam health insurance.
The Minister of Health appointed Vice Chairman of the Board of management and the members of the Management Council of the Vietnam health insurance after the agreement of the ministries.
Article 29. Vietnam health insurance due to the Director General of the management and operating modes of the heads. Help the General Manager has the Vice President.
Appointed Health Minister, dismissed the General Director of Vietnam medical insurance under the proposal of the Council of Vietnam medical insurance management and agreement of the Minister, head of the Organization-Government officials.
The Deputy General Director of the Vietnam health insurance by Health Minister appointed, dismissed the proposal of the Director General of Vietnam medical insurance.
Provincial health Director, central cities and the Director of the health insurance industry by the General Director of Vietnam medical insurance appointed, dismissed after the opinion of the Committee of the central cities, and industry leaders.
 
CHAPTER VIII REWARDED, RESOLVE COMPLAINTS and HANDLE breach of article 30. Agencies, units and individual HEALTH INSURANCE career achievements are rewarded according to common rules.
Article 31. When going on to claim about HEALTH INSURANCE then depending on the nature of the incident will ACCOMMODATE agency levels, State regulators have authority or court shall resolve in accordance with the law.
Article 32. The Agency, the unit or individual that violates the provisions of this Charter shall, depending on the level of violation will be dealt with according to the provisions on sanctioning administrative violations in the field of HEALTH INSURANCE, if the damage to compensation under the provisions of the law.