Vietnam: Summary of fines for violations pertaining to health insurance

Currently, which violation pertaining to health insurance shall be administratively sanctioned? And how are the fines? Ms. Tran Ngoc Anh in Binh Duong sent sent these questions to LawNet for support.

DOWNLOAD Summary of fines for administrative violations against medical laws

To help Ms. Anh and Customers and Members conveniently monitor and understand regulations, LawNet would like to summarize all administratively sanctioned violations of health insurance and the corresponding fines in the table below.

No.

Type of violation

Violation

Penalty

1

Violations against regulations on paying health insurance

Individual liable for health insurance that fails to pay insurance

A warning or a fine of VND 50,000 -  VND 100,000

Failing to pay compulsory health insurance for every employee liable for health insurance

VND 300,000 -  VND 500,000

Failing to pay health insurance for every employee liable for health insurance

A fine of VND 500,000 -  VND 30,000,000 depending on the number of employees that are omitted

Failing to pay health insurance in full

A fine of VND 300,000 -  VND 35,000,000 depending on the number of employees that are omitted

2

Violations against regulations on including external people in the payroll to obtain health insurance

Illegally obtains insurance for other people for every illegal health insurance card has not been used

A fine of VND 500,000 -  VND 1,000,000, determined based on every health insurance card

Illegally obtains insurance for other people for every illegal health insurance card that has been used

A fine of VND 1,000,000 -  VND 2,000,000, determined based on every health insurance card

Every individual that obtains health insurance against the law in case the health insurance card is not used

A fine of VND 500,000 -  VND 1,000,000, determined based on every person with a health insurance card

Every individual that obtains health insurance against the law in case the health insurance card is used

A fine of VND 1,000,000 -  VND 2,000,000, determined based on every person with a health insurance card

3

Violations against regulations on incorrectly certify health insurance premium paid by policyholders; violations against regulations on extracting government budget to pay health insurance premium

Incorrectly certifying the health insurance premium paid by policyholders

A fine of VND 500,000 -  VND 45,000,000 depending on the incorrect amount

Any entity that improperly extracts government budget to pay health insurance premium but does not cause a loss to the health insurance fund and does not affect the benefits of policyholders

A warning or a fine of VND 200,000 - VND 500,000

Any entity that improperly extracts government budget to pay health insurance premium and causes a loss to the health insurance fund or affects the benefits of policyholders

A fine of VND 1,000,000 -  VND 2,000,000 depending on the incorrect amount

4

Violations against regulations on extracting government budget to pay health insurance after the procedure is completed

Any entity that fails to extracts government budget to pay health insurance within 30 days after the procedure is completed but does not cause a loss to the health insurance fund and does not affect the benefits of policyholders

A warning or a fine of VND 200,000 - VND 500,000

Any entity that fails to extracts government budget to pay health insurance within 30 days after the procedure is completed but and causes a loss to the health insurance fund or affects the benefits of policyholders

A fine of VND 1,000,000 -  VND 20,000,000 depending on the incorrect amount

5

Violations against regulations on making and sending the list of health insurance policyholders

Making and sending the list of policyholders under one’s management behind schedule without affecting their benefits

A warning or a fine of VND 200,000 - VND 500,000

Making and sending an insufficient list of policyholders under one’s management behind schedule without affecting their benefits

Any entity that makes and sends the list of policyholders less than 10 working days behind schedule and affects their benefits

VND 500,000 - VND 700,000

Any entity that makes and sends the list of policyholders 10 working days or more behind schedule and affects their benefits

VND 700,000 - VND 1,000,000

Making and sending an insufficient list of policyholders that affects the benefits of policyholders

A fine of VND 300,000 -  VND 10,000,000 depending on the minimum number of policyholders

6

Violations against regulations on issuance, reissuance, and replacement of health insurance cards

The health insurance card is issued, reissued, or replaced less than 10 working days behind schedules

A warning

The health insurance card is issued more than 10 working days behind schedule

A fine of VND 300,000 -  VND 10,000,000 depending on the number of cards that are issued behind schedule

The health insurance card is reissued or replaced more than 10 working days behind schedule

A fine of VND 300,000 -  VND 10,000,000 depending on the number of cards that are reissued or replaced behind schedule

7

Violations against regulations on issuance health insurance cards

The health insurance card is issued to an ineligible person, in case the card has not been used for medical examination and treatment

A fine of VND 1,000,000 -  VND 2,000,000, determined based on each health insurance card

The health insurance card is issued to an ineligible person, in case the card has been used for medical examination and treatment

A fine of VND 3,000,000 -  VND 5,000,000, determined based on each health insurance card

The benefits of the policyholder on the health insurance card are incorrect, in case the card has not been used for medical examination and treatment

A fine of VND 300,000 -  VND 500,000, determined based on each health insurance card

The benefits of the policyholder on the health insurance card are incorrect, in case the card has been used for medical examination and treatment

A fine of VND 500,000 -  VND 1,000,000, determined based on each health insurance card

The expiry date on the health insurance card is incorrect, in case the card has not been used for medical examination and treatment

A fine of VND 300,000 -  VND 500,000, determined based on each health insurance card

The expiry date on the health insurance card is incorrect, in case the card has been used for medical examination and treatment

A fine of VND 500,000 -  VND 1,000,000, determined based on each health insurance card

8

Violations against other regulations on using health insurance cards during medical examination and treatment

Falsifying the health insurance card, in case the act has not caused a loss to health insurance fund

VND 500,000 -  VND 1,000,000

Falsifying the health insurance card, in case the act has caused a loss to health insurance fund

VND 1,000,000 -  VND 2,000,000

Lending or borrowing the health insurance card, in case the act has not caused a loss to health insurance fund

VND 500,000 -  VND 1,000,000

Lending or borrowing the health insurance card, in case the act has caused a loss to health insurance fund

VND 1,000,000 -  VND 2,000,000

9

Infringements of the benefits of policyholders

The benefits infringed upon are assessed at below VND 1,000,000

A warning or a fine of VND 200,000 - VND 500,000

Infringing upon the benefits of the policyholders, if the benefits infringed upon are assessed at from VND 1,000,000 to below VND 5,000,000

VND 500,000 -  VND 1,000,000

Infringing upon the benefits of the policyholders, if the benefits infringed upon are assessed at from VND 5,000,000 to below VND 10,000,000

VND 1,000,000 -  VND 2,000,000

Infringing upon the benefits of the policyholders, if the benefits infringed upon are assessed at from VND 10,000,000 to below VND 15,000,000

VND 2,000,000 -  VND 3,000,000

Infringing upon the benefits of the policyholders, if the benefits infringed upon are assessed at from VND 15,000,000 to below VND 20,000,000

VND 3,000,000 -  VND 4,000,000

Infringing upon the benefits of the policyholders, if the benefits infringed upon are assessed at from VND 20,000,000 to below VND 40,000,000

VND 4,000,000 -  VND 5,000,000

Infringing upon the benefits of the policyholders, if the benefits infringed upon are assessed at 40,000,000 VND or more

VND 5,000,000 -  VND 6,000,000

10

Violations against other regulations on payment for medical cost covered by health insurance

Fixing incorrect prices, writing incorrect categories, units, or names of the services in the invoices for medical services covered by health insurance

A warning or a fine of VND 200,000 - VND 500,000 depending on the infringing amount

11

Violations against regulations on verification of health insurance card

Failure to verify health insurance in a transparent manner without affecting the policyholders’ benefits, the medical facility, and the health insurance fund

A warning or a fine of VND 200,000 - VND 500,000

Obstruction to health insurance verification without affecting the policyholders’ benefits, the medical facility, and the health insurance fund

Failing to verify health insurance in a transparent manner or obstructing the verification of health insurance and affecting the policyholders’ benefits

VND 500,000 -  VND 1,000,000

12

Violations against other regulations on health insurance contracts

Unilaterally terminating the health insurance contract without affecting the benefits of the policyholder, the medical facility, and the health insurance fund

A warning or a fine of VND 200,000 - VND 500,000

Signing a health insurance contract with illegal contents without affecting the benefits of the policyholder, the medical facility, and the health insurance fund

Signing a health insurance contract beyond one’s competence without affecting the benefits of the policyholder, the medical facility, and the health insurance fund

Unilaterally terminating the health insurance contract in a way that infringes upon the benefits of policyholder, the medical facility, or the health insurance fund

A warning or a fine of VND 1,000,000 - VND 40,000,000 depending on the infringing amount

Signing a health insurance contract with illegal contents or beyond its competence in a way that infringes upon the benefits of the policyholders, the medical facility, or the health insurance fund

A warning or a fine of VND 1,000,000 - VND 40,000,000 depending on the infringing amount

13

Violations against other regulations on advance payment and payment for medical cost covered by health insurance

Making illegal advance payment or payment for the medical cost covered by health insurance to medical facilities

A  warning or fine of from VND 200,000 - VND 500,000 depending on the infringing amount

Making advance payment or payment for the medical cost covered by health insurance to medical facilities behind schedule without affecting the benefits of such medical facilities and the policyholders

A warning or a fine of VND 200,000 - VND 500,000

Late advance payment or payment for the medical cost covered by health insurance

A warning or a fine of VND 5,000,000 - VND 20,000,000 depending on the duration behind schedule

14

Violations against regulations on using the health insurance fund

Using the health insurance fund against the law

A fine of VND 2,000,000 - VND 40,000,000 depending on the infringing amount

15

Offering benefits inconsistent with the health insurance card

Offering benefits inconsistent with the health insurance card

A  warning or fine of from VND 200,000 - VND 6,000,000 depending on the infringing amount

16

Violations against regulations on health insurance

Obstruction of the medical examination and treatment covered by health insurance that does not affect the benefits of the policyholders or the medical facility

A warning or a fine of VND 200,000 - VND 500,000

Failure to comply with regulations of competent authorities that does not affect the benefits of the policyholders or the medical facility

Abuse of covered medical services such as excessive use of drugs, substances, supplies, and medical services that causes a loss of below VND 1,000,000 for the policyholders, the health insurance fund, and the medical facility

Obstruction of the medical examination and treatment covered by health insurance that affects the benefits of the policyholders or the medical facility

A fine of from VND 500,000 - VND 15,000,000 depending on the infringing amount

Failure to comply with regulations of competent authorities that affects the benefits of the policyholders, the medical facility, or the health insurance fund

A fine of from VND 1,000,000 - VND 40,000,000 depending on the infringing amount

Abuse of covered medical services such as excessive use of drugs, substances, supplies, and medical services that affects the benefits the policyholders, the health insurance fund, or the medical facility

A fine of from VND 500,000 - VND 40,000,000 depending on the infringing amount

Legal basis: Decree No. 176/2013/ND-CP of Vietnam’s Government on penalties for administrative violations against medical laws.

  Nguyen Trinh

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