Nghị định 164/2025/NĐ-CP quy định về giao dịch điện tử trong lĩnh vực bảo hiểm xã hội và Cơ sở dữ liệu quốc gia về bảo hiểm

DECREE

ON ELECTRONIC TRANSACTIONS IN THE FIELD OF SOCIAL INSURANCE AND THE NATIONAL DATABASE ON INSURANCE

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Social Insurance dated June 29, 2024;

Pursuant to the Law on Data dated November 30, 2024;

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

Pursuant to the Law on Access to Information dated April 6, 2016;

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At the request of the Minister of Home Affairs;

The Government hereby promulgates this Decree on electronic transactions in the field of social insurance and the National Database on Insurance.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates Clause 4 Article 25, Clause 4 Article 26, and Clause 3 Article 30 of the Law on Social Insurance, and measures for organizing and guiding the implementation of the Law on Social Insurance regarding the National Database on Insurance.

Article 2. Regulated entities

This Decree applies to agencies, organizations, and individuals involved in conducting electronic transactions in the field of social insurance, including compulsory social insurance and voluntary social insurance; and to agencies, organizations, and individuals involved in the development, management, data mining, and use of the National Database on Insurance.

Article 3. Methods of performance of online public services in the field of social insurance

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2. The information system for settlement of administrative procedures of the Ministry of Finance shall be connected, integrated, and share data with the National Public Service Portal to provide and carry out online public services in the field of social insurance.

3. Electronic transactions in the field of social insurance shall be carried out through an electronic identification account.

Article 4. Principles of electronic transactions in the field of social insurance and development, management, data mining and use of the National Database on Insurance

1. Principles of electronic transactions in the field of social insurance:

a) The performance of electronic transactions in the field of social insurance shall not depend on administrative boundaries;

b) The performance of electronic transactions in the field of social insurance shall be based on the reuse of information, data, and digitized documents integrated into the National Public Service Portal, national databases, specialized databases, and the electronic data management repositories of organizations and individuals. Agencies, organizations, and individuals performing electronic transactions in the field of social insurance shall not be required to provide documents and papers regarding information already available and integrated into the National Public Service Portal, national databases, specialized databases, and the electronic data management repositories of organizations and individuals;

c) The performance of electronic transactions in the field of social insurance shall comply with the provisions of the law on electronic transactions, the law on data, the law on cyberinformation security, the law on cybersecurity, the law on social insurance, and other relevant laws; ensuring clarity, non-discrimination by method of performance, integrity, security, and effectiveness.

2. Principles of development, management, data mining and use of the National Database on Insurance:

a) The National Database on Insurance shall be developed, mined, and used in a uniform manner from central to local levels;

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c) The National Database on Insurance shall be stored and kept confidential, ensuring information security and cybersecurity in its management, mining, and use;

d) The development, management, mining, and use of the National Database on Insurance shall comply with relevant specialized laws, standards, technical regulations, and the National Digital Architecture Framework.

Article 5. Conditions and methods for performance of electronic transactions in the field of social insurance

Agencies, organizations, and individuals conducting electronic transactions in the field of social insurance must satisfy the following conditions:

1. Possess an electronic identification account in accordance with the law on electronic identification and authentication.

2. Possess a valid digital signature certificate issued by a digital signature certification service provider, or another electronic signature as prescribed by law.

Article 6. Adjustment, reduction, and simplification of applications and procedures for performance of social insurance from paper-based transactions to electronic transactions

1. Agencies, organizations, and individuals that have completed electronic transactions in the field of social insurance in accordance with this Decree shall not be required to perform other methods of transaction and shall be recognized as having completed the corresponding social insurance procedures.

2. For components of social insurance applications prescribed in the Law on Social Insurance that have been digitized and stored in national databases and specialized databases, citizens and enterprises shall not be required to provide them when carrying out administrative procedures on social insurance.

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ELECTRONIC TRANSACTIONS IN THE FIELD OF SOCIAL INSURANCE

Article 7. Electronic social insurance applications and documents

1. Electronic social insurance applications and documents include:

a) Electronic social insurance applications;

b) Electronic accounting documents in the performance of social insurance;

c) Other documents and notices of agencies, organizations, and individuals conducting social insurance transactions by electronic means.

2. Electronic social insurance applications and documents as prescribed in this Decree shall have the same legal validity as paper-based applications, documents, notices, and other papers in accordance with law.

3. The storage period of electronic social insurance applications and documents shall comply with the provisions of the law on archives and the law on data.

Article 8. Social insurance book

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2. The electronic social insurance book is a social insurance book created by the Ministry of Finance by electronic means, containing the same information as the paper-based social insurance book.

3. The electronic social insurance book shall be integrated with the electronic identification account of the individual participating in social insurance and stored and regularly updated in the electronic data management repositories of organizations and individuals on the information system for settlement of administrative procedures of the Ministry of Finance and the National Public Service Portal after successful completion of electronic transactions in the field of social insurance.

4. The electronic social insurance book for individuals under the management of the Ministry of National Defense and the Ministry of Public Security shall contain the same information as the paper-based social insurance book; shall be created, integrated, and managed by the Ministry of National Defense and the Ministry of Public Security on the electronic identification account in accordance with the regulations of the Minister of National Defense and the Minister of Public Security; and shall comply with the regulations on protection of state secrets in the fields of national defense, security, and social order and safety.

5. The electronic social insurance book shall be issued no later than January 1, 2026, and shall have the same legal validity as the paper-based social insurance book.

Article 9. Requirements for electronic social insurance applications and documents

1. Electronic social insurance applications and documents must contain the digital signatures of persons responsible for signing as prescribed by law. In cases where the law requires a document to be certified by an agency or organization, such document must be signed with a secure specialized electronic signature or the digital signature of such agency or organization. Where an electronic social insurance application or document contains only the signature of the competent person, the information system must be capable of identifying and verifying the processing by responsible persons in accordance with law during the circulation of such application or document to the final signatory.

2. Where electronic social insurance applications and documents have components in paper form, agencies, organizations, and individuals participating in electronic transactions in the field of social insurance must convert them into electronic form.  The conversion from paper-based applications and documents into electronic applications and documents, and vice versa, shall be carried out in accordance with the law on electronic transactions and the law on data.

Article 10. Time for submission of electronic social insurance applications and documents

1. Agencies, organizations, and individuals shall submit electronic social insurance applications and documents and carry out electronic transactions 24 hours a day, 7 days a week.

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Article 11. Rights of agencies, organizations, and individuals when participating in electronic transactions in the field of social insurance

1. To be guided, supported, and promptly resolved in case of incidents during the process of conducting electronic transactions.

2. To have confidentiality and integrity of electronic transaction data ensured in accordance with law.

3. To be provided with information on social insurance contributions and entitlements by electronic means.

Article 12. Obligations of agencies, organizations, and individuals when participating in electronic transactions in the field of social insurance

1. To create, send, and receive electronic social insurance applications and documents via the National Public Service Portal.

2. Not to conduct paper-based transactions for procedures already registered in electronic form during the period of implementing electronic transactions, except in cases prescribed in Clause 7 of this Article.

3. To manage digital signature certificates and ensure the accuracy of digital signature certificates on electronic social insurance applications and documents; to manage electronic identification accounts to ensure safety and cybersecurity.

4. To store and ensure the integrity of all electronic social insurance applications and documents.

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6. To comply with regulations on ensuring safety and security of electronic data exchange systems.

7. To prepare paper-based social insurance applications or convert electronic social insurance applications into paper-based ones for submission to directly managing social insurance agencies within no later than 03 working days from the deadline for submission of social insurance contribution applications, where electronic data exchange systems and technical infrastructure have not yet resolved incidents; and within no later than 07 working days from the deadline for submission of other transactions. After the incident has been resolved, agencies and organizations shall be responsible for sending electronic social insurance applications through the National Public Service Portal.

8. To comply with inspection, examination, and verification by competent regulatory agencies regarding the performance of electronic transactions in the field of social insurance in accordance with law.

9. To be held accountable for the declaration of electronic social insurance applications and documents in accordance with the law on electronic transactions, the law on social insurance, and relevant laws.

10. To perform other obligations as prescribed by law.

Article 13. Performance of electronic transactions through the National Public Service Portal

1. Agencies, organizations, and individuals participating in electronic transactions in the field of social insurance shall access the National Public Service Portal, prepare electronic social insurance applications online, and send such applications to the information system for settlement of administrative procedures of the Ministry of Finance.

2. Within 02 hours from the receipt of electronic social insurance applications from agencies, organizations, and individuals, the Ministry of Finance shall send a Receipt Note and an appointment for settlement via email to agencies, organizations, and individuals participating in electronic transactions in the field of social insurance.

Article 14. Assurance of connectivity among information systems in electronic transactions in the field of social insurance

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2. Data shared and exchanged in electronic transactions in the field of social insurance must be standardized in the form of structured data message formats.

Chapter III

THE NATIONAL DATABASE ON INSURANCE

Article 15. Managing authority and operating agency of the National Database on Insurance

1. The Ministry of Finance is the managing authority of the National Database on Insurance.

2. The National Data Center is the operating agency of the information system of the National Database on Insurance.

Article 16. Data of the National Database on Insurance

1. The National Database on Insurance shall include the following information:

a) Basic personal data, including: surname, middle name, and given name at birth; date of birth; gender; personal identification number or passport number; ethnicity; nationality; place of birth registration; place of origin, place of permanent residence; surname, middle name, given name, personal identification number or passport number of father, mother, spouse, or lawful representative;

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c) Household information group:  address; list of household members;

d) Social insurance information group: social insurance number; code of managing unit of participants; managing social insurance agency; type of social insurance entity; contribution method; contribution and entitlement history of social insurance; tax code;

dd) Health insurance information group: health insurance entitlement code by category of participation; place of initial registration for health insurance-based medical examination and treatment; commencement and expiry dates of validity of health insurance cards; date of continuous participation in health insurance for 05 years; information on revoked or temporarily suspended health insurance cards (if any); contribution and entitlement history; information and data on health insurance-based medical examination and treatment;

e) Unemployment insurance information group: contribution and entitlement history; periods of unemployment insurance contribution reserved as the basis for calculation of unemployment benefits;

g) Employer information group: name; enterprise code/establishment decision number; tax code; organizational identification number; head office address; business line(s) (or principal business line)/field of operation; telephone number, email; type of enterprise/type of organization; contribution method.

2. Information specified at Points d, dd, and e Clause 1 of this Article shall constitute the core data of the National Database on Insurance.

Article 17. Collection, updating, and synchronization of data into the National Database on Insurance

1. Data collected, updated, and synchronized into the National Database on Insurance includes:

a) Open data;

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c) Exclusive-use data of regulatory agencies as decided by the Prime Minister to serve national defense, security, foreign affairs, cryptography, socio-economic development, digital transformation, national interests, and public interests;

d) Data of Party agencies, the Central Committee of the Vietnam Fatherland Front, and socio-political organizations with the consent of data owners;

dd) Other data provided by organizations and individuals.

2. Sources of data collection, updating, and synchronization into the National Database on Insurance include:

a) From the process of implementing administrative procedures and public services on social insurance, health insurance, and unemployment insurance;

b) Updated, shared, and synchronized from other databases;

c) Digitized, provided, and integrated by individuals and organizations;

d) Other sources as prescribed by law.

3. The Ministry of Finance shall coordinate with relevant agencies, organizations, and individuals to verify data during collection, updating, and synchronization to ensure accuracy and consistency.

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Article 18. Entities authorized to mine and use data in the National Database on Insurance

1. The Ministry of Finance shall mine and use data from the National Database on Insurance to serve professional operations in the field of insurance and the state management of social insurance finance.

2. Ministries, sectors, agencies, units, and individuals shall mine and use data from the National Database on Insurance in accordance with regulations on mining and use of national databases and national aggregated databases.

3. Agencies, organizations, and individuals shall be entitled to mine and use their own information; and the personal information of others if consent is given by such persons in accordance with law.

Article 19. Methods of mining and using data in the National Database on Insurance

Data mining and use in the National Database on Insurance shall be carried out through the following methods:

1. Connection and data sharing between national databases, specialized databases, and other databases and information systems with the National Database on Insurance;

2. The National Data Portal, the National Public Service Portal, electronic portals, and information systems for settlement of administrative procedures;

3. The electronic identification and authentication platform;

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5. Devices, means, and software provided by the National Data Center;

6. Other methods as prescribed by the Ministry of Finance.

Article 20. Connection and data sharing

The connection and sharing of information between the National Database on Insurance and other national databases, specialized databases, and information systems must comply with the provisions of law on connection and data sharing of regulatory agencies, consistent with the National Digital Architecture Framework.

Article 21. State management of the National Database on Insurance

1. The Government shall exercise unified state management over the National Database on Insurance. The Government is the data owner and exercises unified management of data in the National Database on Insurance.

2. The Ministry of Finance is the managing authority of the National Database on Insurance and shall be responsible for developing and advancing the National Database on Insurance.

3. Data in the National Database on Insurance shall be verified, evaluated, and maintained in accordance with the provisions of the law on data.

Chapter IV

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Article 22. Responsibilities of the Ministry of Finance

1. To promulgate processes and professional operations for electronic transactions in the field of social insurance in accordance with the law on electronic transactions, the law on social insurance, and other relevant laws for the implementation of this Decree.

2. To study the regulation of intermediary services in electronic transactions in the field of social insurance.

3. No later than January 1, 2027, to ensure the conditions for implementing electronic transactions in the field of social insurance.

4. To organize the implementation of compulsory social insurance and voluntary social insurance schemes through electronic transactions in the field of social insurance.

5. To provide information on social insurance contributions and entitlements by electronic means.

6. To inspect the performance of electronic transactions in the field of social insurance.

7. To report annually to the Prime Minister on the performance of electronic transactions in the field of social insurance.

8. To perform other tasks assigned under this Decree.

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1. To provide guidance on the performance of electronic transactions in the field of social insurance for entities under the management of the Ministry of Public Security.

2. To coordinate with the Ministry of Finance in formulating regulations on connection and information sharing related to social insurance, health insurance, and unemployment insurance not classified as state secrets under the management of the Ministry of Public Security, in conformity with regulations on confidentiality and information security, ensuring national security, social order and safety, and in line with the actual performance of social insurance, health insurance, and unemployment insurance within the People’s Public Security.

Article 24. Responsibilities of the Ministry of National Defense

1. To provide regulations on the performance of electronic transactions in the field of social insurance for entities under the management of the Ministry of National Defense.

2. To coordinate with the Ministry of Finance in formulating regulations on connection and information sharing related to social insurance, health insurance, and unemployment insurance not classified as state secrets under the management of the Ministry of National Defense, in conformity with regulations on confidentiality and information security, ensuring national security, social order and safety, and in line with the actual performance of social insurance, health insurance, and unemployment insurance within the scope of management of the Ministry of National Defense.

Article 25. Responsibilities of ministries, ministerial-level agencies, Governmental agencies, and the People’s Committees of provinces and centrally affiliated cities

1. The Ministry of Home Affairs shall guide and direct specialized agencies and units to share and connect necessary information and data within their management sector with the Ministry of Finance for the performance of electronic transactions in the field of social insurance.

2. The Ministry of Health shall guide and direct health facilities and Medical Assessment Councils to share and connect necessary information and data within their management sector with the Ministry of Finance for the performance of electronic transactions in the field of social insurance.

3. The Ministry of Science and Technology shall take the lead in coordinating the connection of national databases and specialized databases via data integration and sharing systems, in conformity with the National Digital Architecture Framework.

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5. Ministries, ministerial-level agencies, Governmental agencies, and the People’s Committees of provinces and centrally affiliated cities shall review regulations and procedures within their scope of management to simplify personal papers on the basis of data use from the National Database on Insurance.

6. Ministries, ministerial-level agencies, and Governmental agencies, within the scope of their functions and powers, shall fully share and connect necessary information and data for the performance of electronic transactions in the field of social insurance.

7. The People’s Committees at all levels shall be responsible for directing functional agencies in localities to fully share and connect necessary information and data with financial authorities for the performance of electronic transactions in the field of social insurance.

Chapter V

IMPLEMENTATION PROVISIONS

Article 26. Transitional provisions

1. The Electronic Portal of Vietnam Social Security as prescribed in Decree No. 166/2016/ND-CP dated December 24, 2016, of the Government shall be integrated into the information system for settlement of administrative procedures of the Ministry of Finance and shall continue to conduct electronic transactions in the field of social insurance until before March 1, 2026.

2. Value-added services on electronic transactions in the field of social insurance as prescribed in Decree No. 166/2016/ND-CP dated December 24, 2016, shall continue to be implemented until guidelines are issued by the Ministry of Finance.

Article 27. Entry into force

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2. As from the effective date of this Decree, Decree No. 43/2021/ND-CP dated March 31, 2021, of the Government, on the National Database on Insurance, shall cease to be effective.

3. As from the effective date of this Decree, the provisions of Decree No. 166/2016/ND-CP dated December 24, 2016, of the Government, on electronic transactions in the fields of social insurance, health insurance, and unemployment insurance, as amended by Decree No. 140/2018/ND-CP dated October 8, 2018, of the Government, on amendments to certain decrees concerning investment and business conditions and administrative procedures under the state management of the Ministry of Labor, War Invalids and Social Affairs, shall no longer apply with respect to the performance of electronic transactions in compulsory social insurance and voluntary social insurance.

Article 28. Implementation responsibilities

1. The Ministry of Finance shall provide guidance, monitor, urge, and inspect the implementation of this Decree; and shall report to the Government and the Prime Minister on an annual or ad hoc basis.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of the People’s Committees of provinces and centrally-run cities, and relevant agencies, organizations, and individuals shall be held accountable for the implementation of this Decree.

ON BEHALF OF  THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY MINISTER




Ho Duc Phoc

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