Instructions for connected updates of birth certificates in cases where mothers do not participate in social insurance in Vietnam

Instructions for connected updates of birth certificates in cases where mothers do not participate in social insurance in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

October 2, 2023, the Ministry of Health issued Official Dispatch 6259/BYT-KCB on updating birth certificates in cases where mothers do not participate in social insurance or health insurance without a social insurance code.

Instructions for connected updates of birth certificates in cases where mothers do not participate in social insurance in Vietnam

To solve the problem of linking birth certificate data of mothers who have not participated in social insurance or health insurance, on the basis of an agreement with the Vietnam Social Insurance Agency in Official Dispatch 2903/BHXH-CNTT dated September 19, 2023, the Ministry of Health requested agencies and units to direct affiliated medical examination and treatment facilities to implement the following contents:

(1) Supplementing instructions in Official Dispatch 1165/BYT-KCB dated March 7, 2023 on linking Birth Certificate and Death Notice data to the Health Insurance Assessment Portal to implement Project 06; Supplementing Explanation for indicator number 5 "MA_XHH_NND" in Section 2.2, Part III of Appendix: "In case the mother or caregiver has not participated in social insurance or health insurance and does not have a social insurance code, leave blank".

(2) Direct medical examination and treatment facilities to fully and accurately update information according to instructions to the data receiving portal of the Health Insurance Assessment Information System to connect data with public service software and ensure full social insurance and health insurance benefits.

(3) Write the Birth Certificate Code (norm “MA_GCS”), Death Notice Code (norm MA_GBT) in the Appendix according to the instructions in Official Dispatch 1165/BYT-KCB dated March 7, 2023, on the paper copy so that people and relevant agencies can look up and perform online public services related to birth and death registration.

Departments of Health of provinces and cities and health sectors assign officers to monitor, urge, supervise, and support affiliated medical examination and treatment facilities during the implementation process and report results, difficulties, and problems (if any) to the Ministry of Health for consideration and resolution.

Who are cubjects of compulsory social insurance in Vietnam?

Social insurance means the guarantee to fully or partially offset an employee’s income that is reduced or lost due to his/her sickness, maternity, occupational accident, occupational disease, retirement or death, on the basis of his/her contributions to the social insurance fund.

Compulsory social insurance means a form of social insurance organized by the State in which employees and employers are required to participate.

Specifically:

- Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

+ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

+ Persons working under labor contracts with a term of between full 1 month and under 3 months;

+ Cadres, civil servants and public employees;

+ Defense workers, public security workers and persons doing other jobs in cipher organizations;

+ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

+ Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;

+ Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;

+ Salaried managers of enterprises and cooperatives;

+ Part-time staffs in communes, wards and townships.

- Employees who are foreign citizens working in Vietnam with work permits or practice certificates or practice licences granted by competent Vietnamese agencies shall be covered by compulsory social insurance under the Government’s regulations.

- Employers covered by compulsory social insurance include state agencies, non-business units and people's armed forces units; political organizations, socio-political organizations, socio-politico-professional organizations, socio-professional organizations and other social organizations; foreign agencies and organizations, and international organizations operating in the Vietnamese territory; enterprises, cooperatives, individual business households, cooperative groups, and other organizations and individuals that hire or employ employees under labor contracts.

(Clause 1, 2, 3 Article 2 and Clause 1, 2 Article 3 of the Law on Social Insurance 2014)

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