What Are the Consequences of Not Purchasing Student Insurance for My Child?

Dear Lawyer,I have the following issue I would like to inquire about:I have a child currently in 8th grade. In previous years, I participated in health insurance for my child at school but did not use it. Therefore, I would like to stop participating in student health insurance for my child to purchase external insurance. Is there any problem with this?

According to the current regulations, health insurance is a mandatory form of insurance applied to subjects as stipulated by the Law on Health Insurance 2008 (amended 2014) to care for health, not for profit, organized and implemented by the State.

In Clause 2, Article 13 of the Law on Health Insurance 2008, amended by Clause 7, Article 1 of the amended Law on Health Insurance 2014, it is stipulated:

"Article 13. Premium rates and responsibility to pay health insurance

...

2. In the case where a person simultaneously belongs to multiple different health insurance participation categories as prescribed in Article 12 of this Law, the health insurance contribution shall be made according to the first category determined for that person, in the order specified in Article 12 of this Law.

In the case where the subject prescribed at Point a, Clause 1, Article 12 of this Law has one or more contracts of indefinite duration or labor contracts with a term of 3 months or more, the health insurance contribution shall be made according to the labor contract with the highest salary.

In the case where the subject prescribed at Point b, Clause 1, Article 12 of this Law simultaneously belongs to multiple different health insurance participation categories as stipulated in Article 12 of this Law, the health insurance contribution shall be made in the following order: paid by the social insurance organization, paid by the state budget, paid by the subject and the People's Committee of the commune."

Thus: According to the provisions cited above, if a person belongs to multiple different health insurance participation categories, they will contribute to health insurance according to the first category determined for them in the order specified in Article 12 of the Law on Health Insurance 2008 (amended by Clause 6, Article 1 of the amended Law on Health Insurance 2014).

**** According to the stipulations in Article 12 of the Law on Health Insurance 2008, amended by Clause 6, Article 1 of the amended Law on Health Insurance 2014, the order of health insurance participation is determined as follows:

- Group with contributions made by employees and employers;

- Group with contributions made by the social insurance organization;

- Group with contributions made by the state budget;

- Group with contributions supported by the state budget;

- Group participating in health insurance according to the household.

In which, according to the regulation in this Article, the group supported by the state budget includes: Individuals from near-poor households; Students.

Therefore: For the case you provided us, your child is a student and belongs to the group supported by the state budget for contributions. If your child does not belong to any other health insurance participation categories (as mentioned above) and only belongs to the group supported by the state budget for contributions, they are required to participate in student health insurance as mandated by law.

If you do not enroll your child in student health insurance, you may be subject to administrative penalties in the form of a warning, or a fine from 50,000 VND to 100,000 VND for not complying with the obligation to pay health insurance according to Clause 1, Article 57 of Decree 176/2013/ND-CP.

Additionally, you are required to pay the due amount into the health insurance fund's collection account as specified in Point a, Clause 5, Article 57 of Decree 176/2013/ND-CP.

The above reflects our advisory opinion on the issue you are inquiring about.

Sincerely!

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