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Government's Decree No. 43/2021/ND-CP of March 31, 2021, on the national database on insurance

  • Perform: Loan Nguyễn (Translated by Hoang Duc)
  • 17/04/2021

On March 31, 2021, the Government issued Decree No. 43/2021/ND-CP on the national database on insurance. The contents of the Decree include the following main points:

* National Database of Insurance:

The national database on Insurance is the National Database (DBQG) that stores information on social insurance, health insurance, unemployment insurance and information on health and social security recognized and guaranteed benefits by competent agencies, obligations on insurance of citizens.

* Information in the Insurance Database:

- The Insurance Database includes the following information:

(1) Personal basic data: Full name, middle name and birth name; date of birth; gender, personal identity number or identity card number; ethnicity; nationality; place of birth registration; hometown, place of permanent residence; full name, middle name and name, personal identity number or identity card number of the father, mother, spouse or legal representative;

(2) Citizen contact information;

(3) Household information group:  Household code; address; list of household members;

(4) Information group on social insurance: Social insurance code; participant management unit code; management social insurance agency; type of social insurance subject; payment method; process of payment, entitlement to social insurance, insurance for occupational accidents, occupational diseases; tax code;

(5) Information group on health insurance: Entitlement rate code; subject type; place of initial medical examination and treatment registration; expiration time; time of full 05 consecutive years; process of payment and receiving;

(6) Information group on unemployment insurance: The process of contribution and receiving; the period of unemployment insurance premiums is preserved as a basis for calculating the time of receiving unemployment benefits;

(7) Information group on the employer: Name; business code / number of the establishment decision; tax code; head office address; business line (or main business line)/field of operation; telephone number, email; type of enterprise/type of organization; mode of closure;

(8) Medical basic information group;

(9) Social security information group;

- Groups of information about social insurance, health insurance and unemployment insurance are the original data of the Insurance Database.

* Exploitation and use of insurance data of state management agencies:

- State management agencies shall exploit and use data for state management as prescribed in Clauses 1 t to 7, Article 10 of the Decree as follows

+ Vietnam Social Insurance exploits and uses data for specialized professional activities in the field of insurance;

+ The Ministry of Labor, War Invalids and Social Affairs exploits and uses data in service of state management of social insurance, employment and social security;

+ The Ministry of Health exploits and uses data in service of state management in the health sector including information and data on health insurance;

+ The Government Office for data mining in service of direction and administration of the Government and Prime Minister;

+ The Ministry of Information and Communications exploits and uses data to combine with other data sources to create increased information for the purpose of advising and supporting the promulgating of policies in e-Government and Digital Government;

+ The Ministry of Public Security and the Ministry of National Defense exploit and use data in service of state management in the field of security and defense;

+ State management agencies shall, according to their functions and tasks, exploit and use data in service of state management activities according to their competence.

- Agencies and organizations may not request individuals to provide relevant papers if they have exploited information of individuals from the Insurance Database (Clause 3 of Article 11).

* Exploitation and use of insurance data of agencies, organizations, and individuals:

- The right to exploit and use insurance data of agencies, organizations and individuals prescribed by Decree No. 43/2021/ND-CP is as follows:

+ Agencies, organizations and individuals permitted to exploit and use their information; personal information of other people if they are consented by such person as prescribed by law (Clause 8, Article 10);

+ Agencies, organizations, and individuals have the right to extract their information in the Insurance Database. Extracted data are digitally signed by Vietnam Social Insurance and are valid as written certification provided by competent authorities (Clause 2 of Article 11);

+ Organizations and individuals are entitled to make complaints and denunciations in accordance with the law on complaints and denunciations when they are violated the right to exploit and use their data (Clause 2 of Article 23);

- Responsibilities of agencies, organizations and individuals in the exploitation and use of insurance data prescribed by Decree No. 43/2021/ND-CP are as follows:

+ Comply with the principles specified in Article 4 of this Decree and regulations of competent authorities on construction, management, exploitation and use of the Insurance Database (Clause 3 of Article 23);

+ Ensure the complete and accurate data provided by yourself. Promptly update and notify the data governing body when there is a change or error in the data provided (Clause 4 of Article 23).

Decree No. 43/2021/ND-CP takes effect on June 1, 2021.

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