Decision No. 346/QD-BHXH dated March 28, 2019 on Regulation on management and issuance of social security numbers for participants in social insurance and health insurance program

DECISION

ON REGULATIONS ON MANAGEMENT AND ISSUANCE OF SOCIAL SECURITY NUMBERS FOR PARTICIPANTS IN SOCIAL INSURANCE AND HEALTH INSUARANCE PROGRAM

DIRECTOR GENERAL OF VIETNAM SOCIAL SECURITY

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

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

Pursuant to the Law on Social Insurance dated November 20, 2014;

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

Pursuant to the Law on amendments to Law on Health Insurance dated June 13, 2014;

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Pursuant to Decree No. 64/2007/ND-CP dated April 10, 2007 of the Government on application of information technology in operation of regulatory agencies;

Pursuant to Decision No. 714/QD-TTg dated May 22, 2015 of the Prime Minister on the list of national databases required to be established as a priority to lay a foundation for e-Government development;

Pursuant to Decision No. 3582/QD-BHXH dated December 26, 2006 of the Director General of Vietnam Social Security on regulations on management of information technology activities in the system of Vietnam Social Security;

Pursuant to Decision No. 967/QD-BHXH dated June 20, 2017 of the Director General of Vietnam Social Security on regulations on information security in information technology application in Social Insurance sector;

Pursuant to Decision No. 595/QD-BHXH dated April 14, 2017 of the Director General of Vietnam Social Security on procedures for collection of contributions of social insurance, health insurance, unemployment insurance, occupational accident and disease insurance; management of social insurance books and health insurance cards;

Pursuant to Decision No. 888/QD-BHXH dated July 16, 2017 of the Director General of Vietnam Social Security on amendments to procedures for collection of contributions of social insurance, health insurance, unemployment insurance, occupational accident and disease insurance; management of social insurance books and health insurance cards issued together with Decision No. 595/QD-BHXH; 

Pursuant to Decision No. 2366/QD-BHXH dated November 28, 2018 of the Director General of Vietnam Social Security on regulations on management, extraction and use of information from centralized database of Social Security;

At the request of the Director of Information Technology Center,

HEREBY DECIDES:

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Article 2.This Decision comes into force from April 01, 2019.

Article 3.Deputy Director of the Information Technology Center, Chairperson of the Collection Board, Director of the Department of Finance and Planning and Directors of entities affiliated toVietnam Social Security and Social Security Administration in provinces and centrally-affiliated cities shall take responsibility to implement this Decision./.

DIRECTOR GENERAL




Nguyen Thi Minh

REGULATION

ON MANAGEMENT AND ISSUANCE OF SOCIAL SECURITY NUMBERS FOR PARTICIPANTS IN SOCIAL INSURANCE AND HEALTH INSURANCE PROGRAM
(Issued together with Decision No…/QD-BHXH dated ….., 2019 of Director General of Vietnam Social Security 

Chapter I

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Article 1. Scope

This Regulation provides for management and issuance of social security numbers (SSN) for participants in social insurance (SI) and health insurance (HI) program (hereinafter referred to as “participants”) and update on change in number of participants in household databases.

Article 2. Regulated entities

1. Central, provincial and district-level teams for controlling the update of household databases.

2. Officials, public employees and workers working for provincial Social Security Offices or entities entering into contracts with Social Security Offices for updating household databases and granting SSNs to the participants.

3. Organizations and individuals entities using assistant instruments to update household databases and provide SSNs to the participants which are issued by Vietnam Social Security.

Article 3. Definitions

For the purposes of this document, the terms below shall be construed as follows:

- “ household” means a unit including one person or a group of people registered in one household registration book, temporary residence registration book, or having their information secured, staying under one sponsor center, pagoda, voluntary organization, etc (exclusive of group of people in one boarding-house, dormitory, tenement house or housings having same nature).

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- “TST software” means a social security software program used for managing contribution collection and issuing SSNs, HI cards.

- “HGD software” means a software program used for issuing SSNs and managing household HI.

-  “household databases” means a collection of information developed, updated and maintained to meet the requirement for granting SSNs to the participants.

- “SSN” means a sole personal identification number of a participant issued by a Social Security Office and recorded in the SI book, HI card.

- “participants” mean persons issued with a SSN in the household database including persons having or not having participated in SI and HI program.

- “central/provincial/district-level control team” is established by Vietnam/provincial/district-level Social Security to control and approve the updating and issuance of SSNs.

- “data entry official” means any official or worker performing the tasks of SI contribution collection in provincial/district-level Social Security Office or worker of the entity entering a contract for updating household database with the Social Security Office. 

- “set of identification information” means a combination of indicators including full name, date of birth, gender, code of province/district/commune in which birth registration is made.

- “employer” means any agency, enterprise, organization or individual using employees who are required to participate in SI and HI program.

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- “collecting agent” means any organization entering into a contract for collection of SI and HI contributions, including: Commune-level People’s Committees; service providers, socio-political organizations, socio-professional organizations and economic organizations.

- Chapters, sections, articles, clauses, points, sub-points and forms mentioned herein without sources shall be construed as parts of this document.

Article 4. Purposes of SSN issuance

- Fully and accurately update changes of household members to the household database.

- Each participant shall be issued with a single SSN and each SSN shall be issued to a single participant.

Chapter II

PROCEDURES FOR UPDATING FLUCTUATIONS IN NUMBER OF HOUSEHOLD MEMBERS

Article 5. Procedures for updating changes of household members

1. The procedure for updating increases/decreases in number of household members

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a) Make a list of changes of household members

- In case of increase in number of children under 6 years old: carry out joint-administrative procedures for registering the birth, permanent residence and granting HI card to children under 6 as specified in Circular No. 05/2015/TTLT- BTP-BCA-BYT, make a list of changes of household members (Form No. 01-BD) to inform the increase in number of people in a household and send the application for issuance of HI cards to the commune-level Social Security by post.

- In case of increases/decreases in number of household members due to division or merging of household registration book or temporary residence registration book or death and other reasons: From the 1^st to 5^th of every month, make a consolidated report on the list of increases/decreases in number of household members due to division or merging of household registration book or temporary residence book or death other reasons to prepare Form No. 01-BD and send it to the post office.  

b) Sign the transfer record (Form No. 02-BD).

c) Cooperate to verify the household information if required by the Social Security Administration or post office.

d) Receive funding for making Form No. 01-BD provided by the Social Security Office by post.

1.2. The post office

a) Receive Form No. 01-BD from the commune-level People's Committee and collate the application to verify its accuracy and sign Form No. 02-BD.

b) Add information provided in Form No. 01-BD to the HGD software.

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- In case of increases/decreases in number of household members due to division or merging of the household registration book/temporary residence registration book, or due to death or other reasons: Complete the review and add information provided in Form No. 01-BD to the HGD software in a sufficient and accurate manner within 2 days from the day on which Form No. 01-BD is received.

c) Transfer and accept the data added according to the acceptance record (Form No. 05-BD).

d) Receive funding for making and updating the list of changes of household members from the Social Security Office and allocate it for the commune-level People's Committee for them to prepare Form No. 01-BD; and use it for addition of information provided in Form No. 01-BD to the HGD software.

1.3. Commune-level People’s Committees

a) Check and review the data and provide SSNs for children under 6 as specified in Article 6 and issue HI cards as regulated.

b) Provide guidelines for, conduct inspection and acceptance of and provide and finalize the funding for preparing and updating the list of increases/decreases in number of household members as regulated.

2. The procedure for updating information of household members without SSN

2.1. Employers, commune-level People's Committees, collecting agent, social sponsor center, centers for nurturing and caring invalids and peoples with meritorious services, education institutions, vocational training institutions connected to the sector of labors, war invalids and social affairs and participant management authorities shall instruct participants to sufficiently and accurately fill in the Form for participation in or revision of information on participation in the SI and Hi program (Form No. TK1-TS issued together with Decision No. 888/QD-BHXH) and send it with the application for participation in the SI and HI program as specified in Decision No. 595/QD-BHXH and Decision No. 888/QD-BHXH in case of increases in number of participants who have not issued with a SSN.

2.2 Social Security Offices

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- If the participant’s information is found on the household database, use the issued SSN to perform potential obligations.

- If the participant’s information is not found on the household database, add the information to the database in a sufficient and accurate manner and transfer the application to the control team for approval purpose and issuance of SSNs as specified in Article 6.

b) The control team shall control, approve the application and provide SSNs within 3 working hours.

Article 6. Procedures for issuing household codes and SSNs

1. Issuance of household codes

1.1. Step 1: Searching

After receiving Form No. 01-BD or Form No. TK1-TS, the data entry official shall access to the HGD software to search for the household information based upon the province code in the household registration book nationwide.

a) If the information provided in such Form is found and consistent with the data in the software, take actions specified in Clause 2 this Article. 

b) If the information provided in such Form cannot be found or is found inconsistent with the data in the software, take actions specified in Point 1.2 Clause 1 this Article.

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The data entry office shall add the information provided to the HGD software and request the control team to provide the household code.

1.3. Step 3: Approving

The control team’s member shall verify the household information provided in the application for a household code and:

a) Grant approval for the application if such information is found valid.

b) Reject the application if such information is found invalid and provide explanation.

2. Issuance of SSNs for participants

2.1. Step 1: Searching

a) Search for household participants

- If the participant's information is found consistent with the set of identification information and through verification, the identification information refers to such participant, not issue the SSN.

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- If the participant's information is found inconsistent with the set of identification information (inconsistent with 1 information element) and is synchronized, carry out verification. If the verification result shows that the identification information refers to such participant, the data entry official shall send the application for issuance of SSN to the commune-level People's Committee or the employer for verification purpose and request them to adjust the information of such participant.

- If the participant’s information cannot be found or the data entry official fails to define which household the participant is in, the data entry official shall take actions specified in Point 2.1.b Clause 2 this Article.

b) Searching for participants other than household participants

The data entry official shall search for participants nationwide based upon the following information in the order below:

- Searching based upon the set of identification information nationwide: If finding, take actions as specified in Point 2.2.a Clause 2 this Article; If not, take actions mentioned in the second line, Point 2.1.b Clause 2 this Article.

- Searching based upon ID card number/passport number nationwide: If finding, take actions as specified in Point 2.2.a Clause 2 this Article; If not, take actions mentioned in the third line, Point 2.1.b Clause 2 this Article.

- Searching based upon codes of provinces in which the birth registration is made, full name and year of birth nationwide: If finding, take actions as specified in Point 2.2.b Clause 2 this Article; If not, take actions mentioned in the third line, Point 2.1.b Clause 2 this Article.

- Searching based upon full name and year of birth in provinces or nationwide: If finding, take actions as specified in Point 2.2.b Clause 2 this Article; If not, take actions mentioned in the second line, Point 2.2.c Clause 2 this Article.

2.2. Step 2: Updating

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- After verification, if these two sources of information refer to a single person, the data entry official shall not provide the SSN.

- If these two sources of information refer to two different people through verification, the data entry official shall complete the information and send the application to the Information Technology Center for issuance of the SSN.

b) In case the participant's information is found but is not consistent with the set of identification information (inconsistent with 1 information element)

- If such information is not synchronized with the TST software, the data entry official shall adjust the personal information according to Form No. 01-BD or Form No. TK1-TS.

- If such information has been synchronized with the TST software, the data entry official shall send the application to the commune-level People's Committee or the employer for verification purpose and request them to complete the application and adjust the participant's information.  

c) If the participant’s information cannot be found, the data entry official shall update such information and request the control team to approve the application and issue the SSN.

2.3. Step 3: Approving

The control team’s member shall verify the participant’s information provided in the application and:

a) Grant approval for the application if the information is found valid.

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3. The control team’s member shall record the SSNs newly issued to the list of employees participating in the SI, HI, UI program (Form No. D02- TS), list of participants in HI program (Form No. D03-TS), list of voluntary participants in SI program (Form No. D05-TS) issued together with Decision No. 595/QD-BHXH for performing additional tasks.

Article 7. Prohibited acts

1. Provide SSNs for participants whose information is consistent to the set of identification information, except for cases specified in the second line, Point 2.2.a Clause 2 Article 6.

2. Use applications to access to the household database without permission of Vietnam Social Security.

3. Give accounts used for getting access to the HGD software, TST software or household database to entities that are not entitled to be provided with such accounts as specified herein. 

4. Copy, provide or reveal the information/data stored in household databases without permission.

5. Take actions which result in damage, discrepancy or loss of stability of HGD software, TST software and household databases.

Chapter III

IMPLEMENTATION

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1. Funding for making and updating the list of changes of household members shall be allocated from the funding for management of social insurance, health insurance and unemployment insurance.  Expenditures shall comply with the guidance of Vietnam Social Security.

2. Funding for operation of central/provincial/district-level control teams and funding for data review shall be provided in compliance with regulations of Vietnam Social Security.

Article 9. Responsibilities of entities

1. Vietnam Social Security

1.1. Information Technology Center shall:

- Establish the central control team comprised of a team leader which is the head of the Information Technology Center and members of Information Technology Center, Department of Contribution Collection, Department of SI books and HI cards and Department of Finance and Planning.

- Take responsibility for household databases and issuance of SSNs to ensure the data is not duplicated and is used for right purposes under regulations herein.

- Set up a software program for general reporting and analysis of the changes of household members, review, approve and provide SSNs for participants.

- Complete and upgrade the social security software used for updating changes of household members as specified in Article 5 and 6 hereof; give assistance to supervisory authorities in looking up SSNs.

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1.2. The Department of Contribution Collection shall cooperate with entities in providing guidelines for, checking and supervising implementation of this Regulation. 

1.3. The Department of Finance and Planning shall provide guidelines for payment and making final accounts of funding amount mentioned herein as regulated.

1.4. Central control teams shall:

- Provide guidelines for, check and supervise update on changes of household members and provide SSNs for participants who are in provincial/district-level control teams as specified herein.

- Receive and gather difficulties and questions arising during implementation and cooperate with their affiliated entities in working out solutions.

- Send the report on update on changes of household members to the head of Social Security on the 5^th of each month and provide SSNs for participants.

2. Provincial People’s Committees shall:

- Establish the provincial control team comprised of a team leader – head of the Information Technology Division, a permanent deputy - head of the Contribution Collection Division and members of the Information Technology Division, Contribution Collection Division, Division of Coverage Expansion and Debt Collection, Division of SI Book and HI Card and Division of Finance and Accounting.

- Establish district-level control team leaded by the Director of District Social Security Office whose members are decided by the leader.

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- Provide training for all employees of provincial/district Social Security Offices and relevant entities.

- Cooperate with provincial post offices and instruct district Social Security Offices to enter into contracts with district post offices for performing tasks specified in Clause 1 Article 5 hereof.  Supervise district post offices concluding contracts with commune People's Committees.  It is not required to re-sign the contract if it has been signed under the guidance provided in Official Dispatch No. 2888/BHXH-BT.

- Review data fields about ID card number and telephone number which have not been provided by the participants and encourage the participants to sufficiently and accurately provide their ID card number and telephone number to be added to the management software.  Take actions in order of priority for participants whose HI premiums are paid by employees and employers, households participating in HI program, participants whose HI premiums are totally or partial paid by state budget and other participants.

- Carry out monthly or irregular inspection of issuance of SSNs under regulations provided herein applied to data entry officials.

3. Vietnam Post shall:

- Instruct post offices to take actions as specified herein.

- Supervise post offices receiving Form No. 01-BD sent by commune-level People’s Committees in a timely and sufficient manner and add the information provided in such Form to the household database.

- Retain and present Form No. 01-BD in case of inspection and making of final accounts as regulated.

Article 10. Commendation and actions against violations

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2. Social Security-affiliated entities committing violations shall incur penalties according to seriousness of their violations under Social Security regulations and provisions of applicable laws.

3. Service providers and their affiliated entities committing violations shall take responsibility under the signed contract or agreement signed with Vietnam Social Security and provisions of applicable laws according to seriousness of their violations.

Article 11. Entry into force

1. Articles and Clause prescribed herein will replace Point 2 in Official Dispatch No. 2888/BHXH-BT.

2. If Articles, Clauses and documents mentioned herein are replaced or amended, the amended or replace ones shall prevail.

Should any question or difficulty arise during implementation, entities concerned shall send reports the Information Technology Center to be consolidated and submitted to Director General of Vietnam Social Security for further instructions./.