Bn dch khng chnh thc

Unofficial copy
LUT
BO HIM Y T
CA QUC HI KHA XII, K HP TH T
S 25/2008/QH12 NGY 14 THNG 11 NM 2008

LAW
ON SOCIAL HEALTH INSURANCE
FROM THE 4
TH
MEETING OF XII
TH
NATIONAL ASSEMBLY
NO.25/2008/QH12 ON NOV 14, 2008

Cn c Hin php nc Cng ha x hi ch ngha Vit Nam nm 1992 c sa i, b
sung theo Ngh quyt s 51/2001/QH10;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended
and supplemented under Resolution No.51/2001/QH10;
Quc hi ban hnh Lut bo him y t.
National Assembly promulgate this Law on social health insurance


CHNG I NHNG QUY NH CHUNG
CHAPTER I GENERAL PROVISIONS

iu 1. Phm vi iu chnh v i tng p dng
Article 1. Regulation scope and subjects of application
1. Lut ny quy nh v ch , chnh sch bo him y t, bao gm i tng,
mc ng, trch nhim v phng thc ng bo him y t; th bo him y t;
phm vi c hng bo him y t; t chc khm bnh, cha bnh cho ngi
tham gia bo him y t; thanh ton chi ph khm bnh, cha bnh bo him y t;
qu bo him y t; quyn v trch nhim ca cc bn lin quan n bo him y
t.
1. This Law provides the social health insurance regime and policies including
the coverage, premiums rates, resposibilities and methods contribution; social
health insurance card; scope of social health insurance benefits; medical care
for insureds; payment for medical care fees under scope of social health
insurance benefits; social health insurance fund; rights and responsibilities of
parties involved in social health insurance.
2. Lut ny p dng i vi t chc, c nhn trong nc v t chc, c nhn
nc ngoi ti Vit Nam c lin quan n bo him y t.
2. This Law applies to domestic and overseas individuals, organizations in
Vietnam that are involved in social health insurance.
3. Lut ny khng p dng i vi bo him y t mang tnh kinh doanh.
3. This Law does not apply to business health insurance.

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iu 2. Gii thch t ng
Article 2. Difinitions
Trong Lut ny, cc t ng di y c hiu nh sau:
In this Law, the following terms shall be construed as follows:
1. Bo him y t l hnh thc bo him c p dng trong lnh vc chm sc
sc khe, khng v mc ch li nhun, do Nh nc t chc thc hin v cc
i tng c trch nhim tham gia theo quy nh ca Lut ny.
1. Social health insurance means a kind of insurance applying in medical care
sector, non profits goal, organize by State and participants must take the
provisions of this Law.
2. Bo him y t ton dn l vic cc i tng quy nh trong Lut ny u
tham gia bo him y t.
2. Universal Coverage means all of participants stipulated in this Law shall be
covered by this Law.
3. Qu bo him y t l qu ti chnh c hnh thnh t ngun ng bo him y
t v cc ngun thu hp php khc, c s dng chi tr chi ph khm bnh,
cha bnh cho ngi tham gia bo him y t, chi ph qun l b my ca t chc
bo him y t v nhng khon chi ph hp php khc lin quan n bo him y
t.
3. Social Health Insurance Fund means a financial fund is established by
collected premiums and other revenues of lawful sources, paying for medical
care costs of the insureds, spending for administrative management of social
health insurance organizations and other lawful charges.
4. Ngi s dng lao ng bao gm c quan nh nc, n v s nghip cng
lp, n v v trang nhn dn, t chc chnh tr, t chc chnh tr - x hi, t
chc chnh tr x hi - ngh nghip, t chc x hi, t chc x hi - ngh nghip,
doanh nghip, hp tc x, h kinh doanh c th v t chc khc; t chc nc
ngoi, t chc quc t hot ng trn lnh th Vit Nam c trch nhim ng
bo him y t.
4. Employers involves state bodies, state units, security services, polictical
organizations, social-polictical organizations, societies, professional
associations, entrepreneur, cooperatives, business individuals and other
organizations; foreign organizations, international organizations operating in
Vietnam land responsible for contributing premium.
5. C s khm bnh, cha bnh bo him y t ban u l c s khm bnh, cha
bnh u tin theo ng k ca ngi tham gia bo him y t v c ghi trong
th bo him y t.
5. Primary health care provider means a health care establishment is chosen by
the insured and is shown on his/her social health insurance card.

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6. Gim nh bo him y t l hot ng chuyn mn do t chc bo him y t
tin hnh nhm nh gi s hp l ca vic cung cp dch v y t cho ngi
tham gia bo him y t, lm c s thanh ton chi ph khm bnh, cha bnh
bo him y t.
6. Social health insurance assessment means a professional work is performed by
social health insurance organizations to assess the services of providers for the
insureds and those services shall be paid on the basic of the assessment.

iu 3. Nguyn tc bo him y t
Article 3. Priciples of social health insurance
1. Bo m chia s ri ro gia nhng ngi tham gia bo him y t.
1. Assure the sharing among the risk of social health insurance participants.
2. Mc ng bo him y t c xc nh theo t l phn trm ca tin lng,
tin cng, tin lng hu, tin tr cp hoc mc lng ti thiu ca khu vc
hnh chnh (sau y gi chung l mc lng ti thiu).
2. Social health insurance contribution shall be difined by percentage of, salary,
remuneration, old-age pension, allowances, minimum salary of administrative
sector (hereinafter refer as minimum salary).
3. Mc hng bo him y t theo mc bnh tt, nhm i tng trong phm
vi quyn li ca ngi tham gia bo him y t.
3. The level of social health insurance entitlement depends on the participant
group, extent of diseases involved in scope of social health insurance benefits.
4. Chi ph khm bnh, cha bnh bo him y t do qu bo him y t v ngi
tham gia bo him y t cng chi tr.
4. Social health insurance expenditures shall be co-paid by social health
insurance fund and the insureds
5. Qu bo him y t c qun l tp trung, thng nht, cng khai, minh bch,
bo m cn i thu, chi v c Nh nc bo h.
5. The social health insurance fund shall be managed in a concentrate, uniform,
open and transparent manner, be assured in a balance of collecting and
spending account, and be protected by State.

iu 4. Chnh sch ca Nh nc v bo him y t
Article 4. State policies on social health insurance
1. Nh nc ng hoc h tr tin ng bo him y t cho ngi c cng vi
cch mng v mt s nhm i tng x hi.
1. The State shall pay or support premiums to the merit and some social groups
2. Nh nc c chnh sch u i i vi hot ng u t t qu bo him y t
bo ton v tng trng qu. Ngun thu ca qu v s tin sinh li t hot
ng u t t qu bo him y t c min thu.
2. The State shall adopt preferential policies of investment in social health
insurance fund to preserve and grow the fund. The collected premiums and the
revenues from activities investment of social health insurance fund are tax
free.
3. Nh nc to iu kin t chc, c nhn tham gia bo him y t hoc ng
bo him y t cho cc nhm i tng.
3. The State shall create conditions for individuals and organizations to
participate in social health insurance or to pay premium for some participant
groups.
4. Nh nc khuyn khch u t pht trin cng ngh v phng tin k thut
tin tin trong qun l bo him y t.
4. The State shall encourage investment in development of technologies and
advanced technical equipments in social health insurance management.

iu 5. C quan qun l nh nc v bo him y t
Article 5. State management agencies in charge of social health insurance
1. Chnh ph thng nht qun l nh nc v bo him y t.
1. The Government shall perform the uniform state management of social health
insurance.
2. B Y t chu trch nhim trc Chnh ph thc hin qun l nh nc v bo
him y t.
2. The Ministry of Health shall take responsibility on behalf of the Government
for performing the state management of social health insurance.
3. B, c quan ngang b trong phm vi nhim v, quyn hn ca mnh phi hp
vi B Y t thc hin qun l nh nc v bo him y t.
3. Ministries, ministerial-level agencies shall, within the ambit of their
respective tasks and powers, cooperate Ministry of Health performing the state
management of social health insurance.
4. U ban nhn dn cc cp trong phm vi nhim v, quyn hn ca mnh thc
hin qun l nh nc v bo him y t ti a phng.
4. People's Committees at all levels shall, within the ambit of their respective
tasks and powers, perform the state management of social health insurance
within their localities.

iu 6. Trch nhim ca B Y t v bo him y t
Article 6. Responsibilities of Ministry of Health for social health insurance

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Ch tr, phi hp vi cc b, c quan ngang b, c quan, t chc c lin quan thc hin
nhim v sau y:
Chair, cooperate with ministries, ministries-level agencies, related bodies,
organizations performing the tasks as follows:
1. Xy dng chnh sch, php lut v bo him y t, t chc h thng y t, tuyn
chuyn mn k thut y t, ngun ti chnh phc v cng tc bo v, chm sc v
nng cao sc khe nhn dn da trn bo him y t ton dn;
1. Elaborate the legislation, policies on social health insurance; organize the
healthcare systems, the technical and professional healthcare line, the financial
resources for improving, protecting peoples health base on universal coverage;
2. Xy dng chin lc, quy hoch, k hoch tng th pht trin bo him y t;
2. Formulate in general the plan, strategies, schemes, developing social health
insurance;
3. Ban hnh danh mc thuc, vt t y t, dch v k thut thuc phm vi c
hng ca ngi tham gia bo him y t v cc quy nh chuyn mn k thut
lin quan n khm bnh, cha bnh bo him y t;
3. Promulgate the list of social health insurance benefits in medicines, technical
services, medical materials; and the professional, technical regulations relating
to medical care on social health insurance;
4. Xy dng v trnh Chnh ph cc gii php nhm bo m cn i qu bo
him y t;
4. Formulate and submit to Government the solutions for ensuring social health
insurance balance;
5. Tuyn truyn, ph bin chnh sch, php lut v bo him y t;
5. Propagate and disseminate, policies and legislation on social health
insurance;
6. Ch o, hng dn t chc trin khai thc hin ch bo him y t;
6. Conduct the performing social health insurance schemes;
7. Thanh tra, kim tra, x l vi phm v gii quyt khiu ni, t co v bo him
y t;
7. Inspect, check, handle violations, and settle complaints and denunciations
about social health insurance;
8. Theo di, nh gi, tng kt cc hot ng trong lnh vc bo him y t;
8. Monitor, assess, and sum up activities of social health insurance sector;
9. T chc nghin cu khoa hc v hp tc quc t v bo him y t.
9. Organize science research and international cooperation on social health
insurance.


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iu 7. Trch nhim ca B Ti chnh v bo him y t
Article 7. Responsibilities of Ministry of Finance for social health insurance
1. Phi hp vi B Y t, c quan, t chc c lin quan xy dng chnh sch,
php lut v ti chnh lin quan n bo him y t.
1. Cooperate with Ministry of Health, related bodies, organizations establishing
financial policies, legilation on social health insurance.
2. Thanh tra, kim tra vic thc hin cc quy nh ca php lut v ch ti
chnh i vi bo him y t, qu bo him y t.
2. Inspect and check the implementation of the financial regulations on social
health insurance and social health insurance fund.

iu 8. Trch nhim ca U ban nhn dn cc cp v bo him y t
Article 8. Responsibilities of People's Committees at all levels for social health
insurance
1. Trong phm vi nhim v, quyn hn ca mnh, U ban nhn dn cc cp c
trch nhim sau y:
1. People's Committees at all levels shall, within the ambit of their respective
tasks and powers, have the responsibilities as follows:
a) Ch o t chc trin khai thc hin chnh sch, php lut v bo him y
t;
a) Conduct the performing legislation, policies on social health insurance;
b) Bo m kinh ph ng bo him y t cho cc i tng c ngn sch
nh nc ng hoc h tr theo quy nh ca Lut ny;
b) Ensure budget of sponsored premiums for participants funding by state
budget as stipulated in this Law;
c) Tuyn truyn, ph bin chnh sch, php lut v bo him y t;
c) Propagate and disseminate policies and legislation on social health
insurance;
d) Thanh tra, kim tra, x l vi phm v gii quyt khiu ni, t co v bo
him y t.
d) Inspect, check, handle violations and settle complaints, denunciations
about social health insurance.
2. Ngoi vic thc hin trch nhim quy nh ti khon 1 iu ny, U ban nhn
dn tnh, thnh ph trc thuc trung ng cn c trch nhim qun l, s dng
ngun kinh ph theo quy nh ti khon 2 iu 35 ca Lut ny.
2. In addition to implementing responsibilities stipulated in Clause 1 of this
Article, the People's Committees of provinces and cities under central authority
shall have the responsibilities to manage and use the funds as stipulated in
Clause 2 of Article 35 of this Law.

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iu 9. T chc bo him y t
Article 9. Social health insurance organization
1. T chc bo him y t c chc nng thc hin ch , chnh sch, php lut
v bo him y t, qun l v s dng qu bo him y t.
1. Social health insurance organizations functioning of the regimes, policies and
legislation on social health insurance, management and utilization of social
health insurance fund.
2. Chnh ph quy nh c th v t chc, chc nng, nhim v v quyn hn ca
t chc bo him y t.
2. The Government shall specify the organization, functions, duties and powers
of social health insurance organizations.

iu 10. Kim ton qu bo him y t
Article 10. Auditing of social health insurance fund
nh k 3 nm, Kim ton nh nc thc hin kim ton qu bo him y t v
bo co kt qu vi Quc hi.
Periodic of three years, the State audit office shall audit the social health
insurance fund and report on the results to National Assembly.
Trng hp Quc hi, U ban thng v Quc hi hoc Chnh ph yu cu,
Kim ton nh nc thc hin kim ton t xut qu bo him y t.
On the request of the National Assembly, the National Assembly Standing
Committee or the Government, the State audit office shall unexpectedly audit the
social health insurance fund.

iu 11. Cc hnh vi b nghim cm
Article 11. Prohibited acts
1. Khng ng hoc ng bo him y t khng y theo quy nh ca Lut
ny.
1. Not paying or inadequately paying social health insurance premiums
according to the provisions of this Law.
2. Gian ln, gi mo h s, th bo him y t.
2. Falsifying and forging dossiers, social health insurance cards.
3. S dng tin ng bo him y t, qu bo him y t sai mc ch.
3. Using the premiums, social health insurance fund for improper purposes.
4. Cn tr, gy kh khn hoc lm thit hi n quyn, li ch hp php ca
ngi tham gia bo him y t v ca cc bn lin quan n bo him y t.
4. Causing troubles or obstacles to, harming the legitimate rights and interests
of, the insureds and parties involed in social health insurance.

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5. C bo co sai s tht, cung cp sai lch thng tin, s liu v bo him y t.
5. Making false reports, supplying false information, data on social health
insurance.
6. Li dng chc v, quyn hn, chuyn mn, nghip v lm tri vi quy
nh ca php lut v bo him y t.
6. Abusing the positions, powers, professional services contrary to the
legislation on social health insurance.


CHNG II - I TNG, MC NG, TRCH NHIM V PHNG THC
NG BO HIM Y T
CHAPTER II - THE COVERAGE, RATES, LIABILITIES AND METHODS OF
PAYMENT OF SOCIAL HEALTH INSURANCE PREMIUMS

iu 12. i tng tham gia bo him y t
Article 12: The coverage
1. Ngi lao ng lm vic theo hp ng lao ng khng xc nh thi hn,
hp ng lao ng c thi hn t 3 thng tr ln theo quy nh ca php lut
v lao ng; ngi lao ng l ngi qun l doanh nghip hng tin lng,
tin cng theo quy nh ca php lut v tin lng, tin cng; cn b, cng
chc, vin chc theo quy nh ca php lut (sau y gi chung l ngi lao
ng).
1. Employees working under fixed-term contracts of 3 months and over or
unfixed term contracts according to the Labour Code; employees working as
managers, earning monthly salary, remuneration according to legal regulations
on salary, remuneration; civil servants, governmental officers (hereinafter
referred to as emlpoyees).
2. S quan, h s quan nghip v v s quan, h s quan chuyn mn, k thut
ang cng tc trong lc lng Cng an nhn dn.
2. Professional officers and non-commissioned officers, technical officers and
non-commissioned officers are in-service of the Peoples Police Force.
3. Ngi hng lng hu, tr cp mt sc lao ng hng thng.
3. Old-age pensioners, allowance pensioners.
4. Ngi ang hng tr cp bo him x hi hng thng do b tai nn lao ng,
bnh ngh nghip.
4. Allowance pensioners due to work - injury or occupational diseases.
5. Ngi thi hng tr cp mt sc lao ng ang hng tr cp hng thng
t ngn sch nh nc.
5. Allowance pensioners subsidized by the State Budget

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6. Cn b x, phng, th trn ngh vic ang hng tr cp bo him x hi
hng thng.
6. Retired administrative staff members of commune/wards/towns enjoying the
monthly subsidy from social security fund.
7. Cn b x, phng, th trn ngh vic ang hng tr cp t ngn sch nh
nc hng thng.
7. Retired administrative staff members of commune/ward/town enjoying the
monthly subsidy from State budget.
8. Ngi ang hng tr cp tht nghip.
8. Unemployment beneficiaries.
9. Ngi c cng vi cch mng.
9. Persons who have the merit of assisting the Revolution.
10. Cu chin binh theo quy nh ca php lut v cu chin binh.
10. Veterans in accordance with the legislation about veterans.
11. Ngi trc tip tham gia khng chin chng M cu nc theo quy nh ca
Chnh ph.
11. Persons directly participated in the Resistance War against the US invaders
as stipulated in the Government regulations.
12. i biu Quc hi, i biu Hi ng nhn dn cc cp ng nhim.
12. In-service members of Parliament and of the Peoples Council of all levels.
13. Ngi thuc din hng tr cp bo tr x hi hng thng theo quy nh ca
php lut.
13. Other people who are socially sponsored.
14. Ngi thuc h gia nh ngho; ngi dn tc thiu s ang sinh sng ti
vng c iu kin kinh t - x hi kh khn, c bit kh khn.
14. Members of poor households, ethnic minorities living in the remote and
difficult socio-economic conditions.
15. Thn nhn ca ngi c cng vi cch mng theo quy nh ca php lut v
u i ngi c cng vi cch mng.
15. Family members of meritorious groups as stipulated in law.
16. Thn nhn ca cc i tng sau y theo quy nh ca php lut v s quan
Qun i nhn dn, ngha v qun s, Cng an nhn dn v c yu:
16. Family members of the following subjects as regulated in legal provisions on
peoples army officers, military service, peoples police, and governmental
essential services:
a) S quan, qun nhn chuyn nghip thuc Qun i nhn dn ang ti
ng; h s quan, binh s ang phc v trong Qun i nhn dn;

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a) Professional officers and soldiers are in-service of peoples army force;
non-commissioned officers and soldiers are working for the Peoples Army
Force;
b) S quan, h s quan nghip v v s quan, h s quan chuyn mn, k
thut ang cng tc trong lc lng Cng an nhn dn; h s quan, chin s
Cng an nhn dn phc v c thi hn;
b) Professional officers and non-commissioned officers, technical officers
and non-commissioned officers are in-service of the Peoples Police
Force; non-commissioned officers and soldiers are working for the
Peoples Police Force force with specified period;
c) S quan, qun nhn chuyn nghip ang lm cng tc c yu ti Ban C
yu Chnh ph v ngi ang lm cng tc c yu hng lng theo bng
lng cp bc qun hm s quan Qun i nhn dn v bng lng qun
nhn chuyn nghip thuc Qun i nhn dn nhng khng phi l qun
nhn, cng an nhn dn.
c) Professional officers and soldiers are in essential service of the Board of
Governmental Essential Services, and those who are carrying out essential
service and entitled to salary levels as specified in the salary bands for
peoples army officers and for professional soldiers in peoples army, not
normal soldiers and police.
17. Tr em di 6 tui.
17. Children under 6 years old.
18. Ngi hin b phn c th ngi theo quy nh ca php lut v hin, ly,
ghp m, b phn c th ngi v hin, ly xc.
18. Persons donated their organs in accordance with the legislation on tissues,
organs and body donation/transplant.
19. Ngi nc ngoi ang hc tp ti Vit Nam c cp hc bng t ngn
sch ca Nh nc Vit Nam.
19. Foreign students studying in Vietnam, who are granted scholarships by
Vietnamese Government.
20. Ngi thuc h gia nh cn ngho.
20. Members of the near poor households.
21. Hc sinh, sinh vin.
21. Students.
22. Ngi thuc h gia nh lm nng nghip, lm nghip, ng nghip v dim
nghip.
22. Members of households working in the agriculture, forestry, fish-culture and
salt industry.

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23. Thn nhn ca ngi lao ng quy nh ti khon 1 iu ny m ngi lao
ng c trch nhim nui dng v sng trong cng h gia nh.
23. Dependents who live in the same households and be feed by employees
specified at Clause 1, of this Article.
24. X vin hp tc x, h kinh doanh c th.
24. Members of Co-operatives and self-employed households.
25. Cc i tng khc theo quy nh ca Chnh ph.
25. Others as stipulated by the Government.

iu 13. Mc ng v trch nhim ng bo him y t
Article 13. Contribution rates and responsibility
1. Mc ng v trch nhim ng bo him y t c quy nh nh sau:
1. Contribution rates and contribution responsibilities are stipulated as follows:
a) Mc ng hng thng ca i tng quy nh ti khon 1 v khon 2
iu 12 ca Lut ny ti a bng 6% mc tin lng, tin cng thng
ca ngi lao ng, trong ngi s dng lao ng ng 2/3 v ngi
lao ng ng 1/3. Trong thi gian ngi lao ng ngh vic hng ch
thai sn khi sinh con hoc nui con nui di 4 thng tui theo quy
nh ca php lut v bo him x hi th ngi lao ng v ngi s
dng lao ng khng phi ng bo him y t nhng vn c tnh vo
thi gian tham gia bo him y t lin tc hng ch bo him y t;
a) The contribution rates for the insureds specified at Clauses 1, 2,
Article 12 of this Law shall be a maximum 6% of their monthly salary,
remuneration, of which 2/3
rd
shall be contributed by the employer and
1/3
rd
by the employee. During the emlpoyees leave for maternity or
adoption of child under 4 months of age in accordance with law on
social insurance, the employers and employees do not have to contribute
the social health insurance premiums and get the benefits as usual;
b) Mc ng hng thng ca i tng quy nh ti khon 3 iu 12 ca
Lut ny ti a bng 6% mc lng hu, tr cp mt sc lao ng v do
t chc bo him x hi ng;
b) The contribution rates for the insureds specified at Clause 3, Article
12 of this Law shall be a maximum 6% of their monthly pension and shall
be contributed by the Social security organization;
c) Mc ng hng thng ca i tng quy nh ti cc khon 4, 5 v 6
iu 12 ca Lut ny ti a bng 6% mc lng ti thiu v do t chc
bo him x hi ng;
c) The contribution rates for the insureds specified at Clauses 4, 5, 6,
Article 12 of this Law shall be a maximum 6% of common minimum
salary and shall be contributed by the Social security organization;

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d) Mc ng hng thng ca i tng quy nh ti khon 8 iu 12 ca
Lut ny ti a bng 6% mc tr cp tht nghip v do t chc bo him
x hi ng;
d) The contribution rates for the insureds specified at Clause 8, Article
12 of this Law shall be a maximum 6% of their unemployment benefits
and shall be contributed by the Social security organization;
) Mc ng hng thng ca i tng quy nh ti cc khon 7, 9, 10,
11, 12, 13, 14, 15, 16, 17 v 18 iu 12 ca Lut ny ti a bng 6%
mc lng ti thiu v do ngn sch nh nc ng;
) The contribution rates for the insureds specified at Clauses 7, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, Article 12 of this Law shall be a maximum
6% of the common minimum salary and shall be contributed by the State
budget;
e) Mc ng hng thng ca i tng quy nh ti khon 19 iu 12
ca Lut ny ti a bng 6% mc lng ti thiu v do c quan, t chc,
n v cp hc bng ng;
e) The contribution rates for the insureds specified at Clause 19, Article
12 of this Law shall be a maximum 6% of the common minimum salary
and shall be contributed by organisations or institutions granting their
scholarship;
g) Mc ng hng thng ca i tng quy nh ti cc khon 20, 21 v
22 iu 12 ca Lut ny ti a bng 6% mc lng ti thiu v do i
tng ng;
g) The contribution rates for the insureds specified at Clauses 20, 21, 22,
Article 12 of this Law shall be a maximum 6% of the common minimum
salary and shall be contributed by themselves;
Ngn sch nh nc h tr mt phn mc ng bo him y t cho i
tng quy nh ti khon 20 v khon 21 iu 12 ca Lut ny v i
tng quy nh ti khon 22 iu 12 ca Lut ny m c mc sng trung
bnh;
The State budget subsidizes a part of social health insurance premiums
to the insureds specified at Clauses 20, 21, Article 12 of this Law and to
the insureds, who have average standard of living, at Clause 22, Article
12 of this Law;
h) Mc ng hng thng ca i tng quy nh ti khon 23 iu 12
ca Lut ny ti a bng 6% mc lng ti thiu v do ngi lao ng
ng;
h) The contribution rates for the insureds specified at Clause 23, Article
12 of this Law shall be a maximum 6% of the common minimum salary
and shall be contributed by the employees;

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i) Mc ng hng thng ca i tng quy nh ti khon 24 iu 12 ca
Lut ny ti a bng 6% mc lng ti thiu v do i tng ng;
i) The contribution rates for the insureds specified at Clause 24, Article
12 of this Law shall be a maximum 6% of the common minimum salary
and shall be contributed by themselves;
k) Mc ng hng thng ca i tng quy nh ti khon 25 iu 12
ca Lut ny ti a bng 6% mc lng ti thiu.
k) The contribution rates for the insureds specified at Clause 24, Article
12 of this Law shall be a maximum 6% of the common minimum salary.
2. Trng hp mt ngi ng thi thuc nhiu i tng tham gia bo him y
t khc nhau quy nh ti iu 12 ca Lut ny th ng bo him y t theo i
tng u tin m ngi c xc nh theo th t ca cc i tng quy
nh ti iu 12 ca Lut ny.
Trng hp i tng quy nh ti khon 1 iu 12 ca Lut ny c thm mt
hoc nhiu hp ng lao ng khng xc nh thi hn hoc c thi hn t 3
thng tr ln th ng bo him y t theo hp ng lao ng c mc tin lng,
tin cng cao nht.
2. In case of a person is subjected to more than one form of mandatory social
health insurance schemes, her/his contribution shall be chosen at the first form
in order of the coverage specified at Article 12 of this Law.
In case of a person specified at Clause 1, Article 12 of this Law has more than
one fixed-term contracts of 3 months and over or unfixed term contracts, her/his
premium shall be based on the contract with the highest salary or remuneration.
3. Chnh ph quy nh c th mc ng, mc h tr quy nh ti khon 1 iu
ny.
3. The Government shall specify the contribution rates and subsidy as stipulated
at Clause 1 of this Article.

iu 14. Tin lng, tin cng, tin tr cp lm cn c ng bo him y t
Article 14. Salary, remuneration and allowances as basis of health insurance
contribution
1. i vi ngi lao ng thuc i tng thc hin ch tin lng do Nh
nc quy nh th cn c ng bo him y t l tin lng thng theo ngch
bc, cp qun hm v cc khon ph cp chc v, ph cp thm nin vt
khung, ph cp thm nin ngh (nu c).
1. For employees subject to the salary regime set by the State, their monthly
social health insurance contribution shall be their rank or grade based salaries,
or military rank based salaries and position allowances, extra-seniority
allowances or professional seniority allowances (if any).

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2. i vi ngi lao ng hng tin lng, tin cng theo quy nh ca ngi
s dng lao ng th cn c ng bo him y t l tin lng, tin cng thng
c ghi trong hp ng lao ng.
2. For employees subject to the salary or remuneration regime set by the
employers, their monthly social health insurance contribution shall be the
salaries or remuneration stated in their labour contracts.
3. i vi ngi hng lng hu, tr cp mt sc lao ng, tr cp tht nghip
hng thng th cn c ng bo him y t l tin lng hu, tr cp mt sc
lao ng, tr cp tht nghip hng thng.
3. For old-age pensioners, allowance pensioners, unemployment beneficiaries,
their monthly social health insurance contribution shall be their monthly pension
or benefits.
4. i vi cc i tng khc th cn c ng bo him y t l mc lng ti
thiu.
4. For other insureds, the social health insurance contribution is based on the
common minimum salary.
5. Mc tin cng, tin lng ti a tnh mc ng bo him y t l 20 ln
mc lng ti thiu.
5. The monthly social health insurance premiums do not exceed twenty times of
common minimum salary.

iu 15. Phng thc ng bo him y t
Article 15. Social health insurance contribution methods
1. Hng thng, ngi s dng lao ng ng bo him y t cho ngi lao ng
v trch tin ng bo him y t t tin lng, tin cng ca ngi lao ng
np cng mt lc vo qu bo him y t.
1. Employers have responsibilities contributing their premium and their
employees premium to social health insurance fund, in monthly.
2. i vi cc doanh nghip nng nghip, lm nghip, ng nghip, dim nghip
khng tr lng theo thng th 3 thng hoc 6 thng mt ln, ngi s dng lao
ng ng bo him y t cho ngi lao ng v trch tin ng bo him y t t
tin lng, tin cng ca ngi lao ng np cng mt lc vo qu bo him
y t.
2. For the business of agriculture, forestry, fishery, salt industry, have
responsibilities contributing their premium and their employees premium to
social health insurance fund, in quaterly or in half yearly.
3. Hng thng, t chc bo him x hi ng bo him y t cho cc i tng
quy nh ti cc khon 3, 4, 5, 6 v 8 iu 12 ca Lut ny vo qu bo him y
t.

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3. Social health insurance organizations have responsibilities contributing
premiums of the insureds specified at Clauses 3, 4, 5, 6, 8, Article 12 of this Law
to social health insurance fund, in monthly.
4. Hng nm, c quan, t chc qun l i tng quy nh ti cc khon 7, 9, 10,
11, 12, 13, 14, 17 v 18 iu 12 ca Lut ny ng bo him y t cho cc i
tng ny vo qu bo him y t.
4. Organizations and institutions, in which the insureds belong to as specified at
Clauses 7, 9, 10, 11, 12, 13, 14, 17, 18, Article 12 of this Law, have
responsibilities contributing their premiums to social health insurance fund, in
yearly.
5. Hng nm, c quan, t chc qun l ngi c cng vi cch mng v cc i
tng quy nh ti cc im a, b v c khon 16 iu 12 ca Lut ny ng bo
him y t cho thn nhn ca h vo qu bo him y t.
5. Organizations and insitutions, in which the insureds and the meritorious
persons to be under as specified at points a, b and c, Clause 16, Article 12 of this
Law have responsibilities contributing their premiums to social health insurance
fund, in yearly.
6. Hng thng, c quan, t chc, n v cp hc bng ng bo him y t cho
i tng quy nh ti khon 19 iu 12 ca Lut ny vo qu bo him y t.
6. Organizations and insitutions, which sponsor scholarships for foreign
students as specified at Clause 19, Article 12 of this Law have responsibilities
contributing their premiums to social health insurance fund, in monthly.
7. Chnh ph quy nh c th phng thc ng bo him y t ca i tng quy
nh ti cc khon 20, 21, 22, 23, 24 v 25 iu 12 ca Lut ny.
7. The Government shall specify the social health insurance contribution
methods of the insureds specified at Clauses 20, 21, 22, 23, 24, 25, Article 12 of
this Law.


CHNG III - TH BO HIM Y T
CHAPTER III - SOCIAL HEALTH INSURANCE CARDS

iu 16. Th bo him y t
Article 16. Social health insurance cards
1. Th bo him y t c cp cho ngi tham gia bo him y t v lm cn c
c hng cc quyn li v bo him y t theo quy nh ca Lut ny.
1. Social health insurance cards are issued to the insureds and are based on
enjoying social health insurance benefits specified at this Law.
2. Mi ngi ch c cp mt th bo him y t.

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2. The insureds shall be granted only one social health insurance card for each
one.
3. Thi im th bo him y t c gi tr s dng c quy nh nh sau:
3. The validity of social health insurance cards is defined as follows:
a) i vi ngi tham gia bo him y t theo quy nh ti khon 3 iu 50
ca Lut ny ng bo him y t lin tc k t ln th hai tr i hoc ngi
tham gia bo him y t quy nh ti khon 2 iu 51 ca Lut ny th th
bo him y t c gi tr s dng k t ngy ng bo him y t;
a) Social health insurance cards shall be valid immediately from the date
of contribution for those, specifed at Clause 3, Article 50 of this Law, who
pay premium continuously from the second time and for whom is stipulated
in Clause 2, Article 51 of this Law.
b) i vi ngi tham gia bo him y t theo quy nh ti khon 3 iu 50
ca Lut ny ng bo him y t ln u hoc ng bo him y t khng
lin tc th th bo him y t c gi tr s dng sau 30 ngy, k t ngy
ng bo him y t; ring i vi quyn li v dch v k thut cao th th
bo him y t c gi tr s dng sau 180 ngy, k t ngy ng bo him y
t;
b) Social health insurance cards shall be valid in 30 days from the date of
contribution for those, specifed at Clause 3, Article 50 of this Law, who do
not pay premium continuously or pay in the first time; and shall be valid in
180 days from the date of contribution in case of using medical hi-
technique services;
c) i vi tr em di 6 tui th th bo him y t c gi tr s dng n
ngy tr 72 thng tui.
c) For children under 6 years old, social health insurance cards shall be
valid until they reach 72 months of age.
4. Th bo him y t khng c gi tr s dng trong cc trng hp sau y:
4. Social health insurance cards shall be invalid in cases as follows:
a) Th ht thi hn s dng;
a) The card has expired;
b) Th b sa cha, ty xo;
b) Information printed on the card has been corrected, erased;
c) Ngi c tn trong th khng tip tc tham gia bo him y t.
c) The insured is not continue to pay premium.
5. T chc bo him y t quy nh mu th bo him y t, qun l th bo him y
t thng nht trong c nc v chm nht n ngy 01 thng 01 nm 2014 phi

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t chc thc hin vic pht hnh th bo him y t c nh ca ngi tham gia
bo him y t.
5. An organization, which manage social health insurance, shall defined the
uniform management and sample of social health insurance card in whole
country. At the latest on January 01
st
, 2014 the cards with participants photo
have to be issued.

iu 17. Cp th bo him y t
Article 17. Issuance of the health insurance cards
1. H s cp th bo him y t bao gm:
1. Documents for issuing social health insurance cards consist of:
a) Vn bn ng k tham gia bo him y t ca c quan, t chc c trch
nhim ng bo him y t quy nh ti khon 1 iu 13 ca Lut ny;
a) The application form from agencies and organizations which have
responsibilities for contributing premium specified at Clause 1, Article 13
of this Law;
b) Danh sch ngi tham gia bo him y t do c quan, t chc c trch
nhim ng bo him y t quy nh ti khon 1 iu 13 ca Lut ny hoc
ngi i din ca ngi t nguyn tham gia bo him y t lp;
b) The list of the insureds prepared by representative person of the
voluntary insureds or by agencies and organizations which have
responsibilities for contributing premium specified at Clause 1, Article 13
of this Law;
c) T khai ca c nhn, h gia nh tham gia bo him y t.
c) Information sheet prepared by the individual or household to apply for
social health insurance contribution.
2. H s cp th bo him y t i vi tr em di 6 tui bao gm:
2. Dossiers for granting social health insurance card for children under 6 years
old consist of:
a) Bn sao giy chng sinh hoc bn sao giy khai sinh. Trng hp tr em
cha c bn sao giy chng sinh hoc bn sao giy khai sinh th phi c
giy xc nhn ca U ban nhn dn x, phng, th trn ni c tr ca cha,
m hoc ngi gim h;
a) A birth certificate or a birth confirmation sheet in certified copy. In case
of a child does not have any birth certificate or a birth confirmation sheet,
the certification by the Peoples Committee of the commune/ward/town
where parents or guardian live must be included;
b) Danh sch hoc giy ngh cp th bo him y t ca U ban nhn dn
x, phng, th trn ni tr em c tr.

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b) The list or requested sheet for granting social health insurance card
prepared by the Peoples Committee of the commune/ward/town where
children are living.
3. Trong thi hn 10 ngy lm vic, k t ngy nhn h s quy nh ti khon
1 v khon 2 iu ny, t chc bo him y t phi cp th bo him y t cho
ngi tham gia bo him y t.
3. Within 10 working days from the date of receiving full documentation as
stipulated in the Clauses 1, 2 of this Article, the social health insurance
organizations must issue the social health insurance card for the insureds.

iu 18. Cp li th bo him y t
Article 18. Re-issuing Health Insurance Card
1. Th bo him y t c cp li trong trng hp b mt.
1. The social health insurance card shall be re-issued in case of loss.
2. Ngi b mt th bo him y t phi c n ngh cp li th.
2. Those that lost their social health insurance cards must prepared the
application form for re-issuing the card.
3. Trong thi hn 7 ngy lm vic, k t ngy nhn c n ngh cp li th,
t chc bo him y t phi cp li th cho ngi tham gia bo him y t. Trong
thi gian ch cp li th, ngi c th vn c hng quyn li ca ngi tham
gia bo him y t.
3. Within 7 working days from the date of receiving the application form for re-
issuing the card, the social health insurance organization must re-issue card for
the insureds. During waiting period of card re-issuing, the insureds is still
entitled to all benefits of social health insurance scheme.
4. Ngi c cp li th bo him y t phi np ph. B trng B Ti chnh
quy nh mc ph cp li th bo him y t.
4. A charge shall be paid by the insureds who has requested re-issuing the social
health insurance card. The Minister of Finance shall provide regulations on
charges for issuing social health insurance card.

iu 19. i th bo him y t
Article 19. Replacement of Health Insurance Card
1. Th bo him y t c i trong trng hp sau y:
1. Social health insurance card shall be replaced in case of follows:
a) Rch, nt hoc hng;
a) Being torn, crushed or damaged;
b) Thay i ni ng k khm bnh, cha bnh ban u;
b) Change for primary health care establishments;

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c) Thng tin ghi trong th khng ng.
c) Incorrect information printed on the card.
2. H s i th bo him y t bao gm:
2. Dossiers for replacing social health insurance card shall comprise of:
a) n ngh i th ca ngi tham gia bo him y t;
a) An application form for replacing the card prepared by the insureds;
b) Th bo him y t.
b) The social health insurance card.
3. Trong thi hn 7 ngy lm vic, k t ngy nhn h s quy nh ti khon
2 iu ny, t chc bo him y t phi i th cho ngi tham gia bo him y t.
Trong thi gian ch i th, ngi c th vn c hng quyn li ca ngi
tham gia bo him y t.
3. Within 7 working days from the date of receiving full dossiers as stipulated in
Clause 2 of this Article, the social health insurance organizations must replace
the card for the insureds. During waiting period of card replacement, the
insureds is still entitled to all benefits of social health insurance.
4. Ngi c i th bo him y t do th b rch, nt hoc hng phi np ph.
B trng B Ti chnh quy nh mc ph i th bo him y t.
4. A charge shall be paid by the insureds who has requested replacing the social
health insurance card. The Minister of Finance shall provide regulations on
charges for replacing social health insurance card.

iu 20. Thu hi, tm gi th bo him y t
Article 20. Withdrawal and temporary detainment of Social Health Insurance Card
1. Th bo him y t b thu hi trong trng hp sau y:
1. Social health insurance card shall be withdrawn in cases of follows:
a) Gian ln trong vic cp th bo him y t;
a) Fraud in social health insurance card issuance;
b) Ngi c tn trong th bo him y t khng tip tc tham gia bo him y
t.
b) The insured is not continue to pay premium.
2. Th bo him y t b tm gi trong trng hp ngi i khm bnh, cha
bnh s dng th bo him y t ca ngi khc. Ngi c th bo him y t b
tm gi c trch nhim n nhn li th v np pht theo quy nh ca php lut.
2. Social health insurance card shall be temporarily detained in case of to be
used for medical care by another insured. In this case, the insured shall be
responsible for re-collecting the card and paying fine according to the legal
regulations.


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CHNG IV - PHM VI C HNG BO HIM Y T
CHAPTER IV - SCOPE OF HEALTH INSURANCE BENEFITS

iu 21. Phm vi c hng ca ngi tham gia bo him y t
Article 21. Scope of benefits for the insureds
1. Ngi tham gia bo him y t c qu bo him y t chi tr cc chi ph sau
y:
1. The medical care costs of the insureds shall be paid by social health
insurance fund as follows:
a) Khm bnh, cha bnh, phc hi chc nng, khm thai nh k, sinh
con;
a) Medical examination, diagnosis and treatment. Rehabilitation,
periodical pregnancy examination and giving birth;
b) Khm bnh sng lc, chn on sm mt s bnh;
b) Medical examination for screening and diagnose some diseases earlier;
c) Vn chuyn ngi bnh t tuyn huyn ln tuyn trn i vi i tng
quy nh ti cc khon 9, 13, 14, 17 v 20 iu 12 ca Lut ny trong
trng hp cp cu hoc khi ang iu tr ni tr phi chuyn tuyn
chuyn mn k thut.
c) Transporting the insureds specified at Clauses 9, 13, 14 and 17, Article
12 of this Law from a health care establishment to other ones in emergency
or inpatient cases.
2. B trng B Y t quy nh c th im b khon 1 iu ny; ch tr, phi hp
vi c quan lin quan ban hnh danh mc thuc, ha cht, vt t, thit b y t,
dch v k thut y t thuc phm vi c hng ca ngi tham gia bo him y
t.
2. Minister of ministry of health shall specify point b, Clause 1 of this Article;
preside and co-ordinate with the stakeholders issuing the list of drugs,
chemicals, material, medical equipments, medical technical services within the
scope of social health insurance benefits.

iu 22. Mc hng bo him y t
Article 22 . Extent of social health insurance benefits
1. Ngi tham gia bo him y t khi i khm bnh, cha bnh theo quy nh ti
cc iu 26, 27 v 28 ca Lut ny th c qu bo him y t thanh ton chi ph
khm bnh, cha bnh trong phm vi c hng nh sau:

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1. Medical examination and treatment costs for the insureds specified at Articles
26, 27, 28 of this Law shall be paid by social health insurance fund, within scope
of social health insurance benefits, as follows:
a) 100% chi ph khm bnh, cha bnh i vi i tng quy nh ti cc
khon 2, 9 v 17 iu 12 ca Lut ny;
a) 100% of medical examination and treatment costs for the coverages
specified at Clauses 2, 9, 17, Articles 12 of this Law;
b) 100% chi ph khm bnh, cha bnh i vi trng hp chi ph cho mt
ln khm bnh, cha bnh thp hn mc do Chnh ph quy nh v khm
bnh, cha bnh ti tuyn x;
b) 100% of medical examination and treatment costs at commune health
care establishments or if the costs lower than the Governments norms;
c) 95% chi ph khm bnh, cha bnh i vi i tng quy nh ti cc
khon 3, 13 v 14 iu 12 ca Lut ny;
c) 95% of medical examination and treatment costs for the coverages
specified at Clauses 3, 13, 14, Articles 12 of this Law;
d) 80% chi ph khm bnh, cha bnh i vi cc i tng khc.
d) 80% of medical examination and treatment costs for the others
coverages.
2. Trng hp mt ngi thuc nhiu i tng tham gia bo him y t th c
hng quyn li bo him y t theo i tng c quyn li cao nht.
2. In case of a person is subjected to more than one form of the coverage, he/she
shall be entitled to the form which provides highest benefits.
3. Chnh ph quy nh mc thanh ton chi ph khm bnh, cha bnh i vi cc
trng hp vt tuyn chuyn mn k thut, khm bnh, cha bnh theo yu
cu, s dng dch v k thut cao chi ph ln v cc trng hp khc khng
thuc quy nh ti khon 1 iu ny.
3. The Government shall specify the payment for medical examination and
treatment costs in cases of professional technology beyond rank, healthcare
services on requests, high technical services with high costs and the other cases
as not specified at Clause 1 of this Article .

iu 23. Cc trng hp khng c hng bo him y t
Article 23. Social health insurance benefit exemption
1. Chi ph trong trng hp quy nh ti khon 1 iu 21 c ngn sch nh
nc chi tr.
1. The costs specified at Clause 1 of Article 21, covered by the state budget.
2. iu dng, an dng ti c s iu dng, an dng.
2. Recovering and convalescent at nursing facilities.

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3. Khm sc khe.
3. Periodical general medical examination.
4. Xt nghim, chn on thai khng nhm mc ch iu tr.
4. Laboratory tests and diagnosis for pregnancy which is not treatment purpose.
5. S dng k thut h tr sinh sn, dch v k hoch ha gia nh, no ht thai,
ph thai, tr trng hp phi nh ch thai nghn do nguyn nhn bnh l ca
thai nhi hay ca sn ph.
5. Using of support reproductive techniques, family planning services, and
abortion services, except for the case of termination of pregnancy due to
certified pathological reasons of fetus or of pregnancy woman.
6. S dng dch v thm m.
6. Using of aesthetic services.
7. iu tr lc, cn th v tt khc x ca mt.
7. Treatment of squint, myopia and refractive eye defects.
8. S dng vt t y t thay th bao gm chn tay gi, mt gi, rng gi, knh mt,
my tr thnh, phng tin tr gip vn ng trong khm bnh, cha bnh v
phc hi chc nng.
8. Using of medical replacement supplies including artificial limbs, glass eyes,
false teeth, hearing aid device, and motional supporting device for the purpose
of medical examination and treatment, and rehabilitation.
9. Khm bnh, cha bnh, phc hi chc nng i vi bnh ngh nghip, tai nn
lao ng, thm ha.
9. Medical examination and treatment, rehabilitation for occupational diseases,
work-injured and disasters.
10. Khm bnh, cha bnh trong trng hp t t, t gy thng tch.
10. Medical examination and treatment in case of suicide and self injured cases.
11. Khm bnh, cha bnh nghin ma ty, nghin ru hoc cht gy nghin
khc.
11. Medical examination and treatment in case of drug addiction, alcoholism
and other addictive substances.
12. Khm bnh, cha bnh tn thng v th cht, tinh thn do hnh vi vi phm
php lut ca ngi gy ra.
12. Medical examination and treatment of physical and mental injury due to the
act of law violation caused byself.
13. Gim nh y khoa, gim nh php y, gim nh php y tm thn.
13. Medical, forensic and mental forensic assessment.
14. Tham gia th nghim lm sng, nghin cu khoa hc.
14. Participating in clinical trials and scientific research.

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CHNG V - T CHC KHM BNH, CHA BNH CHO NGI THAM GIA
BO HIM Y T
CHAPTER V - ORGANIZATION OF MEDICAL CARE FOR THE INSURED

iu 24. C s khm bnh, cha bnh bo him y t
Article 24. Health care providers for Social Health Insurance Schemes
1. C s khm bnh, cha bnh bo him y t l c s y t c k hp ng khm
bnh, cha bnh vi t chc bo him y t.
1. Health care provider for social health insurance schemes shall be a health
care establisment contracting with a social health insurance organization for
medical care.
2. C s khm bnh, cha bnh bo him y t bao gm:
2. Health care providers for medical care include the following:
a) Trm y t x v tng ng, nh h sinh;
a) Commune health stations or equivalent; and maternity clinics;
b) Phng khm a khoa, chuyn khoa;
b) Specialized clinics and general clinics;
c) Bnh vin a khoa, chuyn khoa.
c) Specialized hospitals and general hospitals.

iu 25. Hp ng khm bnh, cha bnh bo him y t
Article 25. Contract of Medical care for Social health insurance Schemes
1. Hp ng khm bnh, cha bnh bo him y t l vn bn tho thun gia t
chc bo him y t vi c s khm bnh, cha bnh v vic cung ng dch v v
thanh ton chi ph khm bnh, cha bnh bo him y t.
1. The contract of medical care for social health insurance schemes shall be an
agreement document between a social health insurance organization and a
health care provider on health service provisions and payment of medical care
costs for social health insurance schemes.
2. Hp ng khm bnh, cha bnh bo him y t gm cc ni dung ch yu sau
y:
2. The contract of medical care for social health insurance schemes shall
contain the main following items:
a) i tng phc v v yu cu v cht lng cung ng dch v;
a) Clients and requirements of service delivery quality;
b) Phng thc thanh ton chi ph khm bnh, cha bnh;
b) Methods of payment for medical care costs;

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c) Quyn v trch nhim ca cc bn;
c) Rights and obligations of each party;
d) Thi hn hp ng;
d) Contract duration;
) Trch nhim do vi phm hp ng;
) Responsibilities for contract violations;
e) iu kin thay i, thanh l, chm dt hp ng.
e) Terms and conditions for contract amendment, liquidation and
termination.
3. Vic tha thun v iu kin thay i, thanh l, chm dt hp ng quy nh
ti im e khon 2 iu ny phi bo m khng lm gin on vic khm bnh,
cha bnh ca ngi tham gia bo him y t.
3. Negotiating terms and conditions for contract amendment, liquidation and
termination specified at point e, Clause 2 of this Article must not interrupt the
medical care for the insureds.
4. B trng B Y t quy nh mu hp ng khm bnh, cha bnh bo him y
t.
4. Minister of Ministry of Health shall provide a medical care contract form for
social health insurance schemes.

iu 26. ng k khm bnh, cha bnh bo him y t
Article 26. Registration of Medical care for Social health insurance Schemes
1. Ngi tham gia bo him y t c quyn ng k khm bnh, cha bnh bo
him y t
ban u ti c s khm bnh, cha bnh tuyn x, tuyn huyn hoc tng
ng; tr trng hp c ng k ti c s khm bnh, cha bnh tuyn tnh
hoc tuyn trung ng theo quy nh ca B trng B Y t.
Trng hp ngi tham gia bo him y t phi lm vic lu ng hoc n tm
tr ti a phng khc th c khm bnh, cha bnh ban u ti c s khm
bnh, cha bnh ph hp vi tuyn chuyn mn k thut v ni ngi ang
lm vic lu ng, tm tr theo quy nh ca B trng B Y t.
1. The insureds shall have registration medical care at a health care provider at
commune, district or equivalent level, except for the case in which the insureds is
allowed to register in a health care provider at provincial or central level as
regulated by the Minister of Ministry of Health.
In case of the insureds have mobile working or temporary residence at another
locality, he/she shall be entitled to medical care at the primary health care
provider suitable to a rank of technical, professional services and to the location

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where he/she is working or residence, as regulated by the Minister of Ministry of
Health.
2. Ngi tham gia bo him y t c thay i c s ng k khm bnh, cha
bnh ban u vo u mi qu.
2. The insureds shall be allowed to change the primary health care provider at
the beginning of each quarter.
3. Tn c s khm bnh, cha bnh bo him y t ban u c ghi trong th
bo him y t.
3. The name of the primary health care provider shall be written on the social
health insurance card.

iu 27. Chuyn tuyn iu tr
Article 27. Referral
Trng hp vt qu kh nng chuyn mn k thut th c s khm bnh, cha
bnh bo him y t c trch nhim chuyn ngi bnh kp thi n c s khm
bnh, cha bnh bo him y t khc theo quy nh v chuyn tuyn chuyn mn
k thut.
In case of the patients treatment requires higher technical capacity, the primary
health care provider shall be responsible, as stipulated in the regulation on
referral, for timely referring the patient to the another health care provider.

iu 28. Th tc khm bnh, cha bnh bo him y t
Article 28. Procedures of Medical care for Social health insurance Schemes
1. Ngi tham gia bo him y t khi n khm bnh, cha bnh phi xut trnh
th bo him y t c nh; trng hp th bo him y t cha c nh th phi xut
trnh th bo him y t cng vi giy t chng minh v nhn thn ca ngi ;
i vi tr em di 6 tui ch phi xut trnh th bo him y t.
1. The insureds must present the social health insurance card enclosing a photo
when visiting for medical care; in case of the social health insurance card does
not enclose a photo, he/her must be presented an identity documentation; as for
children under six years of age, only social health insurance card is needed.
2. Trng hp cp cu, ngi tham gia bo him y t c khm bnh, cha
bnh ti bt k c s khm bnh, cha bnh no v phi xut trnh th bo him
y t cng vi giy t quy nh ti khon 1 iu ny trc khi ra vin.
2. In emergency, the insureds shall be entitled to medical care at any health care
provider, and must present the social health insurance card together with other
documentation specified at Clause 1 of this Article before being discharged from
hospital.

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3. Trng hp chuyn tuyn iu tr, ngi tham gia bo him y t phi c h s
chuyn vin ca c s khm bnh, cha bnh.
3. In case of referral, the insureds must have the hospital records for referral
issued by the health care institution.
4. Trng hp khm li theo yu cu iu tr, ngi tham gia bo him y t phi
c giy hn khm li ca c s khm bnh, cha bnh.
4. In case of re-examination as required by providers, the insureds must have an
appointment paper for re-examination issued by the health care provider.

iu 29. Gim nh bo him y t
Article 29. Social health insurance Assessment
1. Ni dung gim nh bo him y t bao gm:
1. Social health insurance Assessment shall consist of:
a) Kim tra th tc khm bnh, cha bnh bo him y t;
a) To check the procedures of medical care for social health insurance
scheme;
b) Kim tra, nh gi vic ch nh iu tr, s dng thuc, ha cht, vt t,
thit b y t, dch v k thut y t cho ngi bnh;
b) To check and evaluate the prescriptions for treatment, using of
medicine, chemicals, medical supplies, and equipment and health services
for patients;
c) Kim tra, xc nh chi ph khm bnh, cha bnh bo him y t.
c) To check and define the medical care costs for social health insurance
scheme.
2. Vic gim nh bo him y t phi bo m chnh xc, cng khai, minh bch.
2. The Social health insurance Assessment must ensure the accuracy, openness
and transparency.
3. T chc bo him y t thc hin vic gim nh bo him y t v chu trch
nhim trc php lut v kt qu gim nh.
3. Social health insurance organizations shall conduct Social health insurance
Assessment and be responsible for its results and legality.








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CHNG VI - THANH TON CHI PH KHM BNH, CHA BNH BO HIM
Y T
CHAPTER VI - PAYMENT OF MEDICAL CARE COSTS FOR SOCIAL HEALTH
INSURANCE SCHEMES

iu 30. Phng thc thanh ton chi ph khm bnh, cha bnh bo him y t
Article 30. Payment methods of medical care costs for Social health insurance
Schemes
1. Vic thanh ton chi ph khm bnh, cha bnh bo him y t c thc hin
theo cc phng thc sau y:
1. Payment of medical care costs for Social health insurance Schemes shall be
carried out in the following methods:
a) Thanh ton theo nh sut l thanh ton theo nh mc chi ph khm
bnh, cha bnh v mc ng tnh trn mi th bo him y t c ng
k ti c s khm bnh, cha bnh bo him y t trong mt khong thi
gian nht nh;
a) Capitation is a payment method for medical care sevices in which a
health care provider is paid a contracted rate for each member assigned in
a certain period of time.
b) Thanh ton theo gi dch v l thanh ton da trn chi ph ca thuc,
ha cht, vt t, thit b y t, dch v k thut y t c s dng cho ngi
bnh;
b) Fee-for-service is a payment method for the costs of drugs, chemicals
and supplies, medical equipments, medical care services are used for
patients;
c) Thanh ton theo trng hp bnh l thanh ton theo chi ph khm bnh,
cha bnh c xc nh trc cho tng trng hp theo chn on.
c) Diagnosis payment is a payment method for medical care services in
which a health care provider is paid a contracted rate for each diagnosis.
2. Chnh ph quy nh c th vic p dng phng thc thanh ton chi ph khm
bnh, cha bnh bo him y t quy nh ti khon 1 iu ny.
2. The Government shall specify the application of payment method for medical
care costs covered by social health insurance scheme as stipulated in Clause 1
of this Article.
iu 31. Thanh ton chi ph khm bnh, cha bnh bo him y t
Article 31. Payment of medical care costs for Social health insurance Schemes
1. T chc bo him y t thanh ton chi ph khm bnh, cha bnh bo him y t
vi c s khm bnh, cha bnh theo hp ng khm bnh, cha bnh bo him
y t.

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1. Social health insurance agencies shall cover medical care costs, based on the
contract of medical care, to the health care providers.
2. T chc bo him y t thanh ton chi ph khm bnh, cha bnh bo him y t
trc tip cho ngi c th bo him y t i khm bnh, cha bnh trong cc
trng hp sau y:
2. Social health insurance agencies shall provide direct payment for medical
care costs to the insureds examinated and treated, as follows:
a) Ti c s khm bnh, cha bnh khng c hp ng khm bnh, cha
bnh bo him y t;
a) At a medical care establishment not engaged in medical care contract
for social health insurance schemes.
b) Trng hp khm bnh, cha bnh khng ng quy nh ti cc iu 26,
27 v 28 ca Lut ny;
b) Not according to specifed at Articles 26, 27, 28 of this Law;
c) Ti nc ngoi;
c) At abroad;
d) Mt s trng hp c bit khc do B trng B Y t quy nh.
d) Other special cases regulated by the Minister of Ministry of Health.
3. B Y t ch tr, phi hp vi B Ti chnh quy nh th tc, mc thanh ton
i vi cc trng hp quy nh ti khon 2 iu ny.
3. The Ministry of Health shall be in charge and coordinate with the Ministry of
Finance to provide regulations on the procedures and rate of payment for cases
specified at Clause 2 of this Article.
4. T chc bo him y t thanh ton chi ph khm bnh, cha bnh trn c s
vin ph theo quy nh ca Chnh ph.
4. Social health insurance agencies shall pay medical care costs based on
hospital-related fees regulated by the Government.

iu 32. Tm ng, thanh ton, quyt ton chi ph khm bnh, cha bnh bo
him y t
Article 32. Payment, payment in advance and liquidation of Medical care Costs for
Social health insurance Scheme

1. T chc bo him y t c trch nhim tm ng kinh ph hng qu cho c s
khm bnh, cha bnh bo him y t ti thiu bng 80% chi ph khm bnh,
cha bnh bo him y t thc t ca qu trc c quyt ton. i vi c s
khm bnh, cha bnh ln u k hp ng khm bnh, cha bnh bo him y t
th mc tm ng ln u ti thiu bng 80% mc kinh ph khm bnh, cha bnh
bo him y t ca mt qu theo hp ng k.

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1. Social health insurance agencies shall be responsible for providing quarterly
payment in advance for the health care establishments at minimum of 80% of
actual liquidated medical care costs of the previous quarter. For the health care
establishments engaged in frist time with medical care contract, the first
payment in advance equals to minimum of 80% of quarterly medical care costs
as specified in the signed contract.
2. Vic thanh ton, quyt ton gia c s khm bnh, cha bnh v t chc bo
him y t c thc hin hng qu nh sau:
2. The payment and liquidation between the health care establishments and
social health insurance agencies shall be quarterly carried out as follows:
a) Trong thng u ca mi qu, c s khm bnh, cha bnh bo him y
t c trch nhim gi bo co quyt ton chi ph khm bnh, cha bnh bo
him y t ca qu trc cho t chc bo him y t;
a) Within the first month of each quarter, the health care providers shall be
responsible for sending previous quarter liquidation report on medical
care costs to the social health insurance agencies;
b) Trong thi hn 30 ngy, k t ngy nhn c bo co quyt ton ca
c s khm bnh, cha bnh bo him y t, t chc bo him y t c trch
nhim xem xt v thng bo kt qu quyt ton chi ph. Trong thi hn 15
ngy, k t ngy thng bo kt qu quyt ton, t chc bo him y t phi
hon thnh vic thanh ton vi c s khm bnh, cha bnh.
b) Within 30 days from the date of receiving the liquidation report from the
health care providers, the social health insurance agencies shall be
responsible for consideration and informing liquidation results. Within 15
days from the date of informing liquidation results, the social health
insurance agencies must complete the payment for medical care costs to
the health care providers.
3. Trong thi hn 40 ngy, k t ngy nhn h s ngh thanh ton ca
ngi tham gia bo him y t khm bnh, cha bnh theo quy nh ti im a v
im b khon 2 iu 31 ca Lut ny; trong thi hn 60 ngy, k t ngy nhn
h s ngh thanh ton ca ngi tham gia bo him y t khm bnh, cha
bnh theo quy nh ti im c v im d khon 2 iu 31 ca Lut ny, t chc
bo him y t phi thanh ton chi ph khm bnh, cha bnh trc tip cho cc i
tng ny.
3. Within 40 days from the date of receiving full documentation on request of
payment medical care cost from the insureds as specified at Points a, b, Clause
2, Article 31 of this Law; and within 60 days from the date of receiving full
documentation on request of payment medical care cost from the insureds as
specified at Points c, d, Clause 2, Article 31 of this Law, the social health

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insurance agencies must complete the payment for medical care costs direct to
the insureds.


CHNG VII - QU BO HIM Y T
CHAPTER VII - SOCIAL HEALTH INSURANCE FUND

iu 33. Ngun hnh thnh qu bo him y t
Article 33. Sources for formation of Social health insurance Fund
1. Tin ng bo him y t theo quy nh ca Lut ny.
1. Premiums of social health insurance are paid under the provisionS of this
Law.
2. Tin sinh li t hot ng u t ca qu bo him y t.
2. Profits from activities of investment from the fund.
3. Ti tr, vin tr ca cc t chc, c nhn trong nc v nc ngoi.
3. Donation, aid from domestic and overseas individuals or organizations.
4. Cc ngun thu hp php khc.
4. Other lawful sources of revenues.

iu 34. Qun l qu bo him y t
Article 34. Management of Social health insurance Fund
1. Qu bo him y t c qun l tp trung, thng nht, cng khai, minh bch
v c s phn cp qun l trong h thng t chc bo him y t.
1. Social health insurance fund is managed in a concentrate, uniform, public,
transparent manner and is decentralized in management of social health
insurance organizational system.
2. Chnh ph quy nh c th vic qun l qu bo him y t; quyt nh ngun
ti chnh bo m vic khm bnh, cha bnh bo him y t trong trng hp
mt cn i thu, chi qu bo him y t.
2. The Government shall detail the management of social health insurance fund,
decide finacial source to assure medical examination, treatment in case of the
fund is in unbalance.

iu 35. S dng qu bo him y t
Article 35. Utilization of Social health insurance Fund
1. Qu bo him y t c s dng cho cc mc ch sau y:
1. The fund is used for:
a) Thanh ton chi ph khm bnh, cha bnh bo him y t;
a) To pay for medical care costs of the insureds;

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b) Chi ph qun l b my t chc bo him y t theo nh mc chi hnh
chnh ca c quan nh nc;
b) To pay for management costs of social health insurance organizations
according to the expenditure norm of administrive state bodies;
c) u t bo ton v tng trng qu bo him y t theo nguyn tc an
ton, hiu qu;
c)To iInvest for preservation and growth of the fund in safety and effective
principles;
d) Lp qu d phng khm bnh, cha bnh bo him y t. Qu d phng
ti thiu bng tng chi khm bnh, cha bnh bo him y t ca hai qu
trc lin k v ti a khng qu tng chi khm bnh, cha bnh bo him
y t ca hai nm trc lin k.
d) To settle a providing fund for medical treatment. The providing fund
equal to total social health insurance expenditure of two preceding
quarters at least and of two preceding years at maximum.
2. Trng hp cc tnh, thnh ph trc thuc trung ng c s thu bo him y t
ln hn s chi khm bnh, cha bnh bo him y t th c s dng mt phn
kt d phc v khm bnh, cha bnh bo him y t ti a phng.
2. In cases of provinces, cities under the central have premium renevue more
than medical expenditure, the rest will be partly used for medical treatment in
that province, city.
3. Chnh ph quy nh c th iu ny.
3. The Government shall specify the implementation of this Article.


CHNG VIII - QUYN V TRCH NHIM CA CC BN LIN QUAN N
BO HIM Y T
CHAPTER VIII - RIGHTS AND RRESPONSIBILITIES OF PARTIES INVOLVED IN
SOCIAL HEALTH INSURANCE

iu 36. Quyn ca ngi tham gia bo him y t
Article 36. Rights of Insureds
1. c cp th bo him y t khi ng bo him y t.
1. To be granted social health insurance card as paying social health insurance
premium.
2. La chn c s khm bnh, cha bnh bo him y t ban u theo quy nh
ti khon 1 iu 26 ca Lut ny.
2. To choose the primary health care establishment according to Clause 1
Article 26 of this Law.

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3. c khm bnh, cha bnh.
3. To be examined and treated.
4. c t chc bo him y t thanh ton chi ph khm bnh, cha bnh theo ch
bo him y t.
4. To be paid medical expenditures by social health insurance schemes.
5. Yu cu t chc bo him y t, c s khm bnh, cha bnh bo him y t v
c quan lin quan gii thch, cung cp thng tin v ch bo him y t.
5. To request social health insurance organizations, health care establishments
and related organizations explaning, informating about social health insurance
schemes.
6. Khiu ni, t co hnh vi vi phm php lut v bo him y t.
6. To complain, to accuse the violations of social health insurance.

iu 37. Ngha v ca ngi tham gia bo him y t
Article 37. Obligations of Insureds
1. ng bo him y t y , ng thi hn.
1. To pay the primium completely, in term.
2. S dng th bo him y t ng mc ch, khng cho ngi khc mn th
bo him y t.
2. To use social health insurance card as stipulated and it is not available to be
use by another one.
3. Thc hin cc quy nh ti iu 28 ca Lut ny khi n khm bnh, cha
bnh.
3. To implement the provisions of article 28 of this Law whenever being
examined and treated.
4. Chp hnh cc quy nh v hng dn ca t chc bo him y t, c s khm
bnh, cha bnh khi n khm bnh, cha bnh.
4. To execute the provisions and guides from social health insurance
organizations, health care establishments whenever being examined and treated.
5. Thanh ton chi ph khm bnh, cha bnh cho c s khm bnh, cha bnh
ngoi phn chi ph do qu bo him y t chi tr.
5. To pay byself for medical costs in which do not cover by social health
insurance fund.

iu 38. Quyn ca t chc, c nhn ng bo him y t
Article 38. Rights of Individuals, Organizations
1. Yu cu t chc bo him y t, c quan nh nc c thm quyn gii thch,
cung cp thng tin v ch bo him y t.

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1. To request social health insurance organizations, competent state bodies for
explaning, informating on social health insurance schemes.
2. Khiu ni, t co hnh vi vi phm php lut v bo him y t.
2. To complaint, accuse the violations in social health insurance.

iu 39. Trch nhim ca t chc, c nhn ng bo him y t
Article 39. Responsibilities of Individuals, Organizations conducting Social health
insurance.
1. Lp h s ngh cp th bo him y t.
1. To compile dossiers for to be granted social health insurance cards.
2. ng bo him y t y , ng thi hn.
2. To pay the primium completely, in term.
3. Giao th bo him y t cho ngi tham gia bo him y t.
3. To deliver social health insurance cards to the insureds.
4. Cung cp y , chnh xc thng tin, ti liu c lin quan n trch nhim
thc hin bo him y t ca ngi s dng lao ng, ca i din cho ngi
tham gia bo him y t khi c yu cu ca t chc bo him y t, ngi lao ng
hoc i din ca ngi lao ng.
4. To supply accurate documents, information completely which relevant to
responsibilities of insured representatives and employers at the request of
social health insurance organizations, employees or employees representative.
5. Chp hnh vic thanh tra, kim tra v vic thc hin cc quy nh ca php
lut v bo him y t.
5. To take the inspectorate, checking of carring out social health insurance
legislation.

iu 40. Quyn ca t chc bo him y t
Article 40. Rights of Social health insurance Organizations
1. Yu cu ngi s dng lao ng, i din ca ngi tham gia bo him y t
v ngi tham gia bo him y t cung cp y , chnh xc thng tin, ti liu c
lin quan n trch nhim ca h v vic thc hin bo him y t.
1. To request the insuredsrepresentative, employers providing documents,
information in adequately and accurately which concerned about their
responsibilities for implementaion of social health insurance.
2. Kim tra, gim nh vic thc hin khm bnh, cha bnh bo him y t; thu
hi, tm gi th bo him y t i vi cc trng hp quy nh ti iu 20 ca
Lut ny.

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2. To check and supervise the implementation of medical examination and
treatment of social health insurance; to withdraw or temporary detainment
social health insurance card as stated at article 20 of this Law.
3. Yu cu c s khm bnh, cha bnh bo him y t cung cp h s, bnh n,
ti liu v khm bnh, cha bnh phc v cng tc gim nh bo him y t.
3. To request the health care establishments providing patient records,
documents related to the social health insurance examination and treatment for
appraise.
4. T chi thanh ton chi ph khm bnh, cha bnh bo him y t khng ng
quy nh ca Lut ny hoc khng ng vi ni dung hp ng khm bnh,
cha bnh bo him y t.
4. To refuse the payment for medical examination and treatment costs not
complying with the provisions of this Law or not complying with the content of
social health insurance examination and treatment contract.
5. Yu cu ngi c trch nhim bi thng thit hi cho ngi tham gia bo
him y t hon tr chi ph khm bnh, cha bnh m t chc bo him y t chi
tr.
5. To request the persons who must compensate the insured for medical costs
which social health insurance organization had paid for the insured.
6. Kin ngh vi c quan nh nc c thm quyn sa i, b sung chnh sch,
php lut v bo him y t v x l t chc, c nhn vi phm php lut v bo
him y t.
6. To propose competent authorities amending, supplementing social health
insurance policies, legislation and handling with violations of individuals,
organizations in social health insurance.

iu 41. Trch nhim ca t chc bo him y t
Article 41. Responsibilities of Social health insurance Organizations
1. Tuyn truyn, ph bin chnh sch, php lut v bo him y t.
1. To propagate and disseminate social health insurance policies, legislation.
2. Hng dn h s, th tc, t chc thc hin ch bo him y t bo m
nhanh chng, n gin v thun tin cho ngi tham gia bo him y t.
2. To conduct the dossiers, prcedures in quickly, simply and conviniently for the
insured to implement social health insurance schemes.
3. Thu tin ng bo him y t v cp th bo him y t.
3. To collect social health insurance premiums and issue social health
insunrance card.
4. Qun l, s dng qu bo him y t.
4. To manage and use social health insurance fund.

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5. K hp ng khm bnh, cha bnh bo him y t vi c s khm bnh, cha
bnh.
5. To sign a contract with health care establishments for the medical
examination and treatment.
6. Thanh ton chi ph khm bnh, cha bnh bo him y t.
6. To pay the medical examination and treatment expenditures.
7. Cung cp thng tin v cc c s khm bnh, cha bnh bo him y t v
hng dn ngi tham gia bo him y t la chn c s khm bnh, cha bnh
ban u.
7. To supply the information of primary health establishments and guide the
insured choosing one of them.
8. Kim tra cht lng khm bnh, cha bnh; gim nh bo him y t.
8. To check the quality of medical examination and treament; supervise the
social health insurance.
9. Bo v quyn li ca ngi tham gia bo him y t; gii quyt theo thm
quyn cc kin ngh, khiu ni, t co v ch bo him y t.
9. To protect the insured benefits; to handle with the proposal, complaint,
deuniciation regarding social health insurance.
10. Lu tr h s, s liu v bo him y t theo quy nh ca php lut; ng
dng cng ngh thng tin trong qun l bo him y t, xy dng h c s d liu
quc gia v bo him y t.
10. To archive the dossiers, records of social health insurance according to the
provisions of legislation; to apply informatic technology to social health
insurance management, building national database of social health insurance
system.
11. T chc thc hin cng tc thng k, bo co, hng dn nghip v v bo
him y t; bo co nh k hoc t xut khi c yu cu v qun l, s dng qu
bo him y t.
11. To organize report, statistical work, providing professional guidance on
social health insurance; to report in termly, suddenly at the request of the using,
management of social health insurance.
12. T chc o to, bi dng nghip v, nghin cu khoa hc v hp tc quc
t v bo him y t.
12. To organize training, foster professional ability, research science and
establish international cooperation on social health insurance.


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iu 42. Quyn ca c s khm bnh, cha bnh bo him y t
Article 42. Rights of Health care establishments
1. Yu cu t chc bo him y t cung cp y , chnh xc cc thng tin c
lin quan n ngi tham gia bo him y t, kinh ph khm bnh, cha bnh cho
ngi tham gia bo him y t ti c s khm bnh, cha bnh.
1. To request the social health insurance organizations providing full and
accurate information of the insured, of the fund for the health care
establishment examination and treatment.
2. c t chc bo him y t tm ng kinh ph v thanh ton chi ph khm
bnh, cha bnh theo hp ng khm bnh, cha bnh k.
2. To be paid in advanced health care expenditure according to the signed
contract
3. Kin ngh vi c quan nh nc c thm quyn x l t chc, c nhn vi
phm php lut v bo him y t.
3. To propose competent authorities handling with violations of individuals,
organizations in social health insurance.

iu 43. Trch nhim ca c s khm bnh, cha bnh bo him y t
Article 43. Responsibilities of Health care establishments
1. T chc khm bnh, cha bnh bo m cht lng vi th tc n gin,
thun tin cho ngi tham gia bo him y t.
1. To assure the quality of examination and treatment with a convenient and
simple procedure for the insureds.
2. Cung cp h s bnh n, ti liu lin quan n khm bnh, cha bnh v thanh
ton chi ph khm bnh, cha bnh ca ngi tham gia bo him y t theo yu
cu ca t chc bo him y t v c quan nh nc c thm quyn.
2. To supply the patient reords, documents related to payment the costs of
examination and treatment of the insureds at the request of social health
insurance organizations and competent state agencies.
3. Bo m iu kin cn thit cho t chc bo him y t thc hin cng tc
gim nh; phi hp vi t chc bo him y t trong vic tuyn truyn, gii thch
v ch bo him y t cho ngi tham gia bo him y t.
3. To assure the basic conditions for supervisory work of social health insurance
organizations; to coordinate with social health insurance organizations
propaganding, explaning social health insurance schemes to the insureds.
4. Kim tra, pht hin v thng bo cho t chc bo him y t nhng trng hp
vi phm v s dng th bo him y t; phi hp vi t chc bo him y t thu
hi, tm gi th bo him y t i vi cc trng hp quy nh ti iu 20 ca
Lut ny.

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4. To check, find out, inform misusing social health insurance cards to social
health insurance organizations; cooperate with social health insurance
organizations to withdraw or temporary detainment social health insurance card
as specified at Article 20 of this Law.
5. Qun l v s dng kinh ph t qu bo him y t theo ng quy nh ca
php lut.
5. To manage and use budget of the social health insurance fund according to
the provisions of legislation.
6. T chc thc hin cng tc thng k, bo co v bo him y t theo quy nh
ca php lut.
6. To organize statiscal and reporting work on social health insurance
according to the provisions of legislation.

iu 44. Quyn ca t chc i din ngi lao ng v t chc i din ngi
s dng lao ng
Article 45. Rights of Employees representative Organization and Employers
representative Organization
1. Yu cu t chc bo him y t, c s khm bnh, cha bnh v ngi s dng
lao ng cung cp y , chnh xc thng tin lin quan n ch bo him y
t ca ngi lao ng.
1. To request the social health insurance organizations and health care
establishments providing full and accurate information of employees social
health insurance regime.
2. Kin ngh vi c quan nh nc c thm quyn x l hnh vi vi phm php
lut v bo him y t lm nh hng n quyn v li ch hp php ca ngi
lao ng, ngi s dng lao ng.
2. To propose competent authorities handling with violations of activities in
social health insurance.

iu 45. Trch nhim ca t chc i din ngi lao ng v t chc i din
ngi s dng lao ng
Article 45. Responsibilities of Employees representative Organization and
Employers representative Organization
1. Tuyn truyn, ph bin chnh sch, php lut v bo him y t i vi ngi
lao ng, ngi s dng lao ng.
1. To propagate and disseminate social health insurance policies, legislation for
employees and employers.
2. Tham gia xy dng, kin ngh sa i, b sung chnh sch, php lut v bo
him y t.

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2. To participate in elaboration, proposal for amending, supplementing of social
health insurance policies, legislation.
3. Tham gia gim st vic thi hnh php lut v bo him y t.
3. To participate in supervising the implementtation of the law on social health
insurance.


CHNG IX - THANH TRA, KHIU NI, T CO, GII QUYT TRANH CHP
V X L VI PHM V BO HIM Y T
CHAPTER IX - INSPECTION, COMPLAINT, DENUNCIATION, SETTLEMENT OF
DISPUTES AND HANDLING OF VIOLATIONS IN SOCIAL
HEALTH INSURANCE

iu 46. Thanh tra bo him y t
Article 46. Social health insurance Inspectorate
Thanh tra y t thc hin chc nng thanh tra chuyn ngnh v bo him y t.
Health inspectorate shall perform the functions of specialized social health
insurance inspection.

iu 47. Khiu ni, t co v bo him y t
Article 47. Complaints, denunciations regarding Social health insurance
Vic khiu ni v gii quyt khiu ni i vi quyt nh hnh chnh, hnh vi
hnh chnh v bo him y t, vic t co v gii quyt t co vi phm php lut
v bo him y t c thc hin theo quy nh ca php lut v khiu ni, t co.
Complaints and the settlement of complaints about administrative decisions or
administrative acts regarding social health insurance, denunciations and the
settlement of denunciations about violations of law on social health insurance
shall be as provided for in the law on complaints and denunciations.

iu 48. Tranh chp v bo him y t
Article 48. Disputes on Social health insurance
1. Tranh chp v bo him y t l tranh chp lin quan n quyn, ngha v v
trch nhim bo him y t gia cc i tng sau y:
1. Social health insurance disputes are the disputes which on related rights,
duties, resposibilities of social health insurance among the persons as follows:
a) Ngi tham gia bo him y t theo quy nh ti iu 12 ca Lut ny,
ngi i din ca ngi tham gia bo him y t;
a) Employees covered by social health insurance according to the
provisions of Article 12 of this Law, and their representatives;

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b) T chc, c nhn ng bo him y t theo quy nh ti khon 1 iu 13
ca Lut ny;
b) Organizations, individuals pay social health insurance premiums
according to the provisions of Clause 1, Article 13 of this Law;
c) T chc bo him y t;
c) Social health insurance organizations;
d) C s khm bnh, cha bnh bo him y t.
d) Health Care Establishments for the insureds.
2. Tranh chp v bo him y t c gii quyt nh sau:
2. Social health insurance disputes are settled as follows:
a) Cc bn tranh chp c trch nhim t ha gii v ni dung tranh chp;
a) Disputing parties do responsibility for recociliation by themselve on
disputing contents;
b) Trng hp ha gii khng thnh th cc bn tranh chp c quyn khi
kin ti Ta n theo quy nh ca php lut.
b) In case of the reconciliation fails, each party to the dispute entitle to
initiate lawsuits at a court according to the legislation.

iu 49. X l vi phm
Article 49. Handling of violations
1. Ngi no c hnh vi vi phm cc quy nh ca Lut ny v cc quy nh
khc ca php lut c lin quan n bo him y t th ty theo tnh cht, mc
vi phm m b x l k lut, x pht vi phm hnh chnh hoc b truy cu trch
nhim hnh s, nu gy thit hi th phi bi thng theo quy nh ca php lut.
1. Any person who commit law-breaking acts specified in this Law and other
related law shall be disciplined, administratively sanctioned, or examined for
penal liability, depending on the nature and severity of their violations; if
causing damage, they must pay compensations therefor in accordance with law.
2. C quan, t chc, ngi s dng lao ng c trch nhim ng bo him y t
m khng ng hoc ng khng y theo quy nh ca php lut th cng
vi vic phi ng s tin cha ng, cn phi np s tin li trong thi gian
chm ng theo mc li sut c bn do Ngn hng nh nc cng b; nu khng
thc hin th theo yu cu ca ngi c thm quyn x l vi phm hnh chnh,
ngn hng, t chc tn dng khc, kho bc nh nc c trch nhim trch tin t
ti khon tin gi ca ngi c trch nhim ng bo him y t np s tin
cha ng, chm ng v li ca s tin ny vo ti khon ca qu bo him y
t.
2. Agencies, organizations, employers have responsibilities for paying social
health insurance premium, apart from paying the amounts not yet paid or paid

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late and being handled in accordance with law, pay the amounts must be paid
and the interests on it at the interest rate of the investment from the State Bank in
the year. In case the agencies, organizations, employer fails to comply with the
request of the persons competent to impose administrative sanctions, the bank,
credit institution or state treasury shall deduct money from the deposit account
of the agencies, organizations, employers to pay the amount not yet paid or paid
late and the interest on such amount into social health insurance fund.


CHNG X - IU KHON THI HNH
CHAPTER X - IMPLEMENTATION PROVISIONS

iu 50. iu khon chuyn tip
Article 50. Transition provisions
1. Th bo him y t v th khm bnh, cha bnh min ph cho tr em di 6
tui c cp trc ngy Lut ny c hiu lc c gi tr s dng nh sau:
1. Health social insurance cards and Free medical care card for children under
6 years old which issued before this law takes effect, have the valid using as
follow:
a) Theo thi hn ghi trn th trong trng hp th ghi gi tr s dng n
ngy 31 thng 12 nm 2009;
a) at the end of the valid time and/or at the end of December 31
st
, 2009
notice on card;
b) n ht ngy 31 thng 12 nm 2009 trong trng hp th ghi gi tr s
dng sau ngy 31 thng 12 nm 2009.
b) at the end of December 31
st
, 2009 if the card have the valid using after
2009.
2. Phm vi quyn li ca ngi c cp th bo him y t trc khi Lut ny c
hiu lc c thc hin theo quy nh hin hnh ca php lut v bo him y t
cho n ht ngy 31 thng 12 nm 2009.
2. Scope of social health insurance benefits before this Law takes effect shall still
comply with the previous regulations to the end of December 31
st
, 2009.
3. i tng quy nh ti cc khon 21, 22, 23, 24 v 25 iu 12 ca Lut ny
khi cha thc hin quy nh ti cc im b, c, d v khon 2 iu 51 ca Lut
ny th c quyn t nguyn tham gia bo him y t theo quy nh ca Chnh ph.
3. When the participants specified at Clauses 21, 22, 23, 24, 25, Article 12 of
this Law not yet comply with points b, c, d, of Clause 2, Article 51 of this Law
are voluntary entitled to social health insurance schemes in accordance with
provisions of Government.

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iu 51. Hiu lc thi hnh
Article 51. Implementation effect
1. Lut ny c hiu lc thi hnh t ngy 01 thng 7 nm 2009.
1. This Law takes effect on July 1
st
, 2009.
2. L trnh thc hin bo him y t ton dn c quy nh nh sau:
2. Implementary map for universal social health insurance is defined as follow:
a) i tng quy nh t khon 1 n khon 20 iu 12 ca Lut ny thc
hin bo him y t t ngy Lut ny c hiu lc thi hnh;
a) The coverage specified at Clauses from 1 to 20, Article 12 of this Law
entitle to implementation since the date this law takes effect;
b) i tng quy nh ti khon 21 iu 12 ca Lut ny thc hin bo
him y t t ngy 01 thng 01 nm 2010;
b) The coverage specified at Clause 21, Article 12 of this Law entitle to
implementtion since January 1
st
, 2010;
c) i tng quy nh ti khon 22 iu 12 ca Lut ny thc hin bo
him y t t ngy 01 thng 01 nm 2012;
c) The coverage specified at Clause 22, Article 12 of this Law entitle to
implementtion since January 1
st
, 2012;
d) i tng quy nh ti khon 23 v khon 24 iu 12 ca Lut ny thc
hin bo him y t t ngy 01 thng 01 nm 2014;
d) The coverage specified at Clauses 23, 24 Article 12 of this Law entitle to
implementtion since January 1
st
, 2014;
) i tng quy nh ti khon 25 iu 12 ca Lut ny thc hin bo
him y t theo quy nh ca Chnh ph chm nht l ngy 01 thng 01 nm
2014.
) The coverage specified at Clause 25, Article 12 of this Law entitle to
implementtion at before January 1
st
, 2014.

iu 52. Quy nh chi tit v hng dn thi hnh
Article 52. Detailed provisions and implemantary guidance
Chnh ph quy nh chi tit v hng dn thi hnh cc iu, khon c giao
trong Lut; hng dn nhng ni dung cn thit khc ca Lut ny p ng
yu cu ca qun l nh nc.
The Government shall define detailed provisions to guide the implementation of
the clauses, article define in this Law and to guide the other necessarily contents
of this Law.


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Lut ny c Quc hi nc Cng ha x hi ch ngha Vit Nam kha XII, k hp th
4 thng qua ngy 14 thng 11 nm 2008.
This Law was passed on Nov 14, 2008, by the 4
th
meeting of XII
th
National Assembly of the
Socialist Republic of Vietnam.




Translated by Nguyen Loan - VSS (Chapters II IV)
Thanh Tan - VSS, HCMC office (the others)
Edited by Thanh Tan