New Regulations on Electronic Insurance Documents

This is the content stipulated in the Draft Decree on regulations regarding electronic transactions in the fields of social insurance, health insurance, and unemployment insurance.

Types of Electronic Social Insurance Documents

Decision 08/2015/QD-TTg pilot on electronic transactions in the implementation of procedures for participation in social insurance, health insurance, unemployment insurance, and proposal for issuance of social insurance books, health insurance cards does not mention the concept of electronic insurance documents but only the concept of electronic transaction data messages and electronic social insurance records as follows:

"Electronic transaction data message in the field of social insurance is information created, sent, received, and stored by electronic means.

Electronic social insurance file refers to the electronic transaction data messages regarding participation in social insurance, health insurance, unemployment insurance, and proposals for the issuance of social insurance books and health insurance cards."

The Draft Decree specifies about electronic social insurance documents. The electronic social insurance document is information created, sent, received, and stored by electronic means to carry out transactions in the field of social insurance.

Electronic social insurance documents include:

- Electronic social insurance records;- Accounting documents according to the policy regulations on accounting of Vietnam Social Security by electronic means;- Other documents and notifications of agencies, organizations, and individuals conducting social insurance transactions by electronic means.

Electronic documents have the same legal validity as files, documents, notifications, and paper documents as prescribed by law. Moreover, electronic social insurance documents must meet the following requirements:

- Electronic social insurance documents must have sufficient electronic signatures of those responsible for signing electronic documents as prescribed. In cases where electronic documents only have the signature of the authorized person, the information system must be capable of recognizing and confirming the handling by those responsible according to the law during the circulation of electronic documents to the final signer.- In cases where electronic social insurance documents have accompanying paper materials, these must be converted to electronic form according to the Law on Electronic Transactions. The conversion of documents from paper to electronic must meet all the following requirements:- Accurately reflect the entire content of the paper materials;- Have a unique signature confirming that the document has been converted from paper to electronic form;- Have the signature and full name of the person performing the conversion from paper to electronic document.

Agencies, organizations, individuals submitting electronic social insurance documents conduct electronic transactions via the Vietnam Social Security electronic portal or the I-VAN organization's electronic transaction portal 24 hours a day, 7 days a week, including public holidays, Tet holidays, and weekly days off.

Storage, Cancellation, and Destruction of Electronic Social Insurance Documents

The storage period of electronic social insurance documents complies with the legal regulations on archiving. In cases where electronic social insurance documents have expired the storage period but are related to the integrity of information in the information system and circulating electronic social insurance documents, they shall continue to be stored until the cancellation of electronic social insurance documents does not affect other electronic transactions.

The cancellation and destruction of electronic social insurance documents are carried out as follows:

- Electronic social insurance documents may only be canceled with the consent and confirmation of participating parties, in accordance with legal regulations, or based on conclusions of competent authorities. Canceled electronic social insurance documents must be archived for reference by competent authorities.- Expired electronic social insurance documents shall be destroyed, unless otherwise prescribed by competent state authorities. The destruction of electronic social insurance documents must not affect the integrity of non-destroyed electronic social insurance documents and must ensure the normal operation of the information system.

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