Thông tư liên tịch 05/2015/TTLT-BTP-BCA-BYT

JOINT CIRCULAR

INSTRUCTIONS ON JOINT EXECUTION OF ADMINISTRATIVE PROCEDURES FOR REGISTRATION FOR BIRTH, PERMANENT RESIDENCE, HEALTH INSURANCE FOR CHILDREN UNDER SIX

Pursuant to the Law on Residence in 2006 amended and supplemented at Law on Amendments to the Law on Residence in 2013;

Pursuant to the Law on Health insurance in 2008 amended and supplemented at Law on amendments to the Law on Health insurance in 2014;

Pursuant to the Government’s Decree No. 106/2014/NĐ-CP dated November 17, 2014 defining the functions, tasks, entitlements and organizational structure of the Ministry of Public Security;

Pursuant to the Government’s Decree No. 22/2013/NĐ-CP dated March 13, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 63/2012/NĐ-CP dated August 31, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Health;

Pursuant to the Government’s Decree No. 158/2005/NĐ-CP dated December 27, 2005 on registration and management of birth, marriage and death;

Pursuant to the Government’s Decree No. 06/2012/NĐ-CP dated December 02, 2012 supplementing and amending a number of articles of the Decree on birth, marriage, families and certification of copies as true;

The Ministers of the Ministry of Justice, the Minister of Public Security and the Minister of Health promulgates the Joint Circular instructing the joint execution of administrative procedures for registration for births, permanent residence and health insurance for children under six.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Joint Circular provides guidance on principles, documentation, process and responsibilities of regulatory agencies, officials, public servants involved in the handling of documentation and the returning of results during the joint execution of administrative procedures for registration for births, permanent residence and health insurance to children under six, or registration for births, health insurance to children under six (hereinafter referred to as joint execution of administrative procedures) when registration for births to children under six falls within the competence of People’s committees of communes, wards and towns (hereinafter referred to as People’s Committees of communes).

Article 2. Governing scope

This Joint Circular applies to:

1. Birth, residence and health insurance registration agencies;

2. Individuals that need joint execution of administrative procedures;

3. Individuals that need joint execution of administrative procedures;

Article 3. Principles of joint execution of administrative procedures

1. Comply with the provisions set out in this Joint Circular and other relevant legal documents;

2. Individuals that need joint execution of administrative procedures have the right to choose or not to choose joint execution of administrative procedures.  

3. Create favorable conditions and minimize expenses paid by individuals for the registration for births, permanent residence and health insurance to children under six;

4. Ensure to meet the time as prescribed by the law;

Article 4. Agencies performing joint execution of administrative procedures

1. People’s Committees of communes shall register births to children under six.

2. Agencies charged with registering residence to children under six:

a) Police authorities of communes and towns of provincial-affiliated districts that register residence to children under six in the administrative division of communes, towns of provincial-affiliated districts;

b) Police authorities of provincial-affiliated communes, cities that register permanent residence to children under six in the administrative division of provincial-affiliated communes, cities;

a) Police authorities of districts, communes and towns of central-affiliated cities that register residence to children under six in the administrative division of districts, communes and towns;

3. Social Insurance agencies of provincial-affiliated districts, towns; Social Insurance agencies of districts, communes and towns of central-affiliated cities (hereinafter referred to as Social Insurance agencies of district level) that issue health insurance cards to children under six.

4. Competent agencies that perform joint execution of administrative procedures as prescribed in Clauses 1, 2, 3 of this Article must belong to the same administrative divisions of district-affiliated communes, towns, cities or the same administrative divisions of central-affiliated districts, towns, cities;

Article 5. Responsibilities of agencies performing joint execution of administrative procedures

1. People’s Committees of communes shall receive documentation, return results of joint execution of administrative procedures; be responsible for sufficiency and eligibility of documentation; register births to children under six; formulate and transfer documentation to residence registration agencies and Social Insurance agencies of district level for issuance of health insurance cards to children under six.

2. Residence registration agencies as prescribed in Clause 2, Article 4 of this Joint Circular, and Social Insurance agencies of district level shall be responsible for settling administrative procedures within their competence;

Chapter II

DOCUMENTATION, PROCESS OF RECEIVING, TRANSFERRING, SETTLING AND RETURNING RESULTS OF JOINT EXECUTION OF ADMINISTRATIVE PROCEDURES

Article 6. Documentation (joint execution of administrative procedures) of registration for births, permanent residence and health insurance

Documentation of registration for births, permanent residence and health insurance to children under six consists of the following papers:

1. Birth registration form according to prescribed forms;

2. Notice of birth issued by medical facility where a child is born; if the child is born outside the medical facility, notice of birth can be replaced by a written confirmation by witnesses; in case no witness is available, the person who makes registration must give a guarantee that the birth is true; In case of an abandoned child, a written record of the abandoned child can be used as a substitute for notice of birth.

In case of surrogacy, registration for birth must be added with a written proof of the surrogacy according to the law provisions.

3. Notice of change of population (according to prescribed forms)

4. Family register

In case of registration for permanent residence with persons other than a child’s biological parents, it is required to include written opinions from biological parents with People’s Committees of communes’ confirmations; written consent of householder and family register of the householder.

5. Declaration form for participating in social insurance according to prescribed forms;

Article 7. Documentation (joint execution of administrative procedures) for registration of births and health insurance

Persons who choose joint execution of administrative procedures for registration for births, health insurance to children under six must make submission of papers as prescribed in Clauses 1, 2, 5, Article 6 of this Joint Circular.

Article 8. Submission of documentation with joint execution of administrative procedures

1. Any individual that chooses joint execution of administrative procedures must hand in one set of documentation as prescribed in Articles 6, 7 of this Joint Circular at People’s Committees of communes.

2. Any individual that chooses joint execution of administrative procedures and can not make the People’s Committee of commune for submission of the documentation can empower other persons to do instead. Empowerment can be done according to applicable regulations.

Article 9. Receipt of documentation

1. Judicial, civil status officers of People’s Committees of communes upon receipt of the documentation shall be responsible for inspecting the documentation, and providing guidance to residents on choice and registration for prime medical examination and treatment facilities in reliance on the lists of prime medical examination and treatment facilities provided by social insurance agencies.  Instructions must be accurate, adequate and explicit.

2. In case individuals are yet to have birth registration forms, notice of change of population, registration form for social insurance, judicial, civil status officers shall provide such forms as prescribed.

3. In case documentation is adequate and meets the provisions set out in Articles 6, 7 of this Joint Circular, judicial, civil status officers shall be responsible for receiving the documentation and collecting fees for registration of permanent residence to children (if any); issuing a receipt of documentation and an appointment note. The appointment note must specify residents’ requirements, papers included in documentation and the date for returning results.

4. In case requests for joint execution of administrative procedures are not within the competence of the agencies as prescribed hereof, judicial, civil status officers thereto shall be responsible for providing specific explanations and instructions to the residents.

Article 10. Registration for births, formulation and transfer of documentation of registration for permanent residence and health insurance at People’s Committees of communes;

1. Upon receipt of documentation, judicial, civil status officers of People’s Committees of communes shall carry out settlement of the registration within the day; any documentation that is received after 15 hours and can not be settled within the day shall be handled in the following day.

2. Upon completion of birth registration, judicial, civil status officers of People’s Committees of communes shall:

a) Formulate documentation of registration for permanent residence to children under six including papers prescribed in Clauses 3, 4, Article 6 hereof and copy of birth certificate;

b) Formulate documentation for issuance of health insurance cards to children under six including registration form for health insurance, lists of children (under six) proposed for issuance of health insurance cards issued by People’s Committees of communes according to prescribed forms;

3. People’s Committees of communes shall be responsible for transferring documentation and permanent residence registration fees to competent agencies for residence registration as prescribed in Clause 2, Article 4 hereof, and transferring documentation to the Social insurance organization of district level for issuance of health insurance cards. Depending on actual conditions, People’s Committees of communes shall transfer information about social insurance participants to Social Insurance agencies of district level in advance through electronic network.

Article 11. Settling registration for permanent residence to children under six

1. Upon receipt of documentation and permanent residence registration fees (if any) transferred to by People’s Committees of communes, the competent agencies for residence registration shall carry out inspection of legitimacy and adequacy of documentation. In case the documentation and fees are sufficient and meet the provisions set out hereof, within 15 days since receipt of adequate documentation, residence registration agencies shall register permanent residence to children and return results along with receipt of fees (if any) to People’s Committees of communes for returning to residents. Persons charged with transfer of documentation from People’s Committees of communes shall be responsible for inspecting information written in familiy register and countersign logbook for handling.

2. In case documentation is found improper, upon receipt of the documentation, residence registration agencies shall issue a written notice to People’s Committees of communes for completion of the documentation as prescribed and returning it to residence registration agencies for registration.

3. In case the documentation fails to meet the conditions for permanent residence registration, residence registration agencies shall issue a written notice and return the documentation to People’s Committees of communes for handling as prescribed.

Article 12. Issuance of health insurance cards to children under six at district-level social insurance agencies

1. District-level social insurance agencies shall be responsible for providing and posting the lists of medical examination and treatment facilities at People’s Committees of communes.

2. Upon receipt of the documentation transferred by People’s Committees of communes, district-level social insurance agencies shall be responsible for inspection of the documentation. In case the documentation is adequate and meets the requirements, within 10 working days since receipt of adequate documentation, district-level social insurance agencies shall carry out issuance of health insurance cards to children and transfer to People’s Committees of communes through the single-window department of district-level social insurance agencies. Depending on actual conditions and situations, local governmental agencies may choose to transfer health insurance cards to People’s Committees of communes in other manners as appropriate.

3. In case documentation is found improper, upon receipt of the documentation, district-level social insurance agencies shall make a written notice to People’s Committees of communes for completion of the documentation as prescribed and returning it to district-level social insurance agencies for issuance of health insurance cards to children. In case the documentation is received after 15 hours, notification shall be made in the following day.

Article 13. Time limit for completion of documentation

Upon receipt of notification from residence registration agencies, social insurance agencies regarding inadequacy or ineligibility of the documentation, within two working days at the latest, the judicial, civil status officers of People’s Committees of communes shall be responsible for conducting inspection, examination and completion of the documentation or making contact with residents for completion of the documentation; after that the documentation shall be transferred to competent agencies for permanent residence registration, then transferred to district-level social insurance agencies for issuance of health insurance cards to children under six.

Article 14. Time limit for joint execution of administrative procedures and receipt of results

1. Time limit for joint execution of administrative procedures is calculated from the date People’s Committees of communes receive documentation, issue the receipt and appointment note to residents; in case results of handling documentation are not available due to fulfillment of the documentation, People’s Committees of communes shall be responsible for making public announcement to residents.

2. Time limit for joint execution of administrative procedures as follows:

a) Time limit for joint execution of administrative procedures for registration for births, permanent residence, issuance of health insurance cards to children under six does not exceed 20 working days since documentation is fully submitted as prescribed.

b) Time limit for joint execution of administrative procedures for registration for births, issuance of health insurance cards to children under six does not exceed 15 working days since documentation is fully submitted as prescribed.

c) In case documentation is found improper or fails to meet the requirements and it takes People’s Committees of communes some time to fulfill at the request of residence registration agencies, social insurance agencies, the time limit for handling may be extended for another two working days.

d) For communes lying at least 50 km distant from district-level social insurance agencies or residence registration agencies, facing difficulties in traveling, no internet connection being set up, the time limit for returning results is extended for another five working days at the maximum.

dd) Depending on actual situations, local governmental agencies can stipulate time limit for joint execution of administrative procedures being shorter than maximum time limit as prescribed in Points a, b, c, d of this Clause.

3. Residents who have made submission of documentation (hereinafter referred to as applicants) must come to People’s Committees of communes for receiving results of joint execution of administrative procedures. Applicants who request receipt of results through EMS should make registration with People’s Committees of communes and pay a fee for such service.

4. if applicants request receipt of results direct from competent agencies, when making submission of documentation to People’s Committees of communes, they must give specific requests on the appointment note to be able receive results as requested at competent agencies.

Article 15. Budget for joint execution of administrative procedures

1. Budget for joint execution of administrative procedures shall be guaranteed by state budget according to applicable regulations on decentralization of state budget and other legal sources.

2. Annually, in reliance on the assigned tasks as prescribed hereof, agencies, units shall formulate cost estimates for joint execution of administrative procedures for incorporation into the cost estimates of agencies, units, then make submission to financial agencies for compiling and submission to competent authorities for allocation of budget; at the same time be able to seek sponsorships of organizations, individuals at home and abroad according to the law provisions.

Chapter III

RESPONSIBILITIES FOR JOINT EXECUTION OF ADMINISTRATIVE PROCEDURES

Article 16. Responsibilities of the Ministry of Justice

1. Direct, inspect and instruct joint execution of administrative procedures within management;

2. Preside over and cooperate with the Ministry of Public Security, the Ministry of Health, Vietnam Social Insurance in conducting preliminary and overall review of joint execution of administrative procedures;

3. Make regular, unregular reports as requested by competent agencies;

Article 17. Responsibilities of the Ministry of Public Security, the Ministry of Health, and Vietnam Social Insurance

1. Direct, inspect and instruct joint execution of administrative procedures within management;

2. Cooperate with the Ministry of Justice and relevant ministries, departments in conducting preliminary and general review of the joint execution of administrative procedures;

3. Make regular, unregular reports as requested by competent agencies;

Article 18. Responsibilities of People’s committees of central-affiliated cities and provinces, provincial-affiliated districts, towns and cities

1. Organize joint execution of administrative procedures in localities;

2. Organize training and provide professional guidance on joint execution of administrative procedures to officials and civil servants in the administrative division;

3. Carry out inspection, consideration and early settlement of difficulties during the implementation of joint execution of administrative procedures in localities;

4. Create favorable conditions in finance and facilities for the performance of joint execution of administrative procedures in accordance with local budget;

5. Make regular or unregular reports as requested by competent agencies;

Article 19. Responsibilities of People’s committees of communes

1. Organize performance of joint execution of administrative procedures in localities;

2. Arrange qualified staff to perform joint execution of administrative procedures in localities;

3. Create favorable conditions in finance and facilities for the implementation of joint execution of administrative procedures in accordance with local budget;

4. Post the process of performing joint execution of administrative procedures at People’s Committees of communes, fees, lists of prime medical examination and treatment facilities provided by social insurance agencies;

5. Make early reports to upper level People’s committees on difficulties arising during the performance of joint execution of administrative procedures for review, instructions;

6. Annually, in reliance on instructions provided by upper level People’s committees, formulate cost estimates for joint execution of administrative procedures for incorporation into the cost estimates of agencies, units, then make submission to financial agencies for compiling and submission to competent authorities for allocation of budget;

7. Make regular or unregular reports as requested by competent agencies;

Chapter IV

IMPLEMENTATION

Article 20. Effect

This Joint Circular takes effect since July 01, 2015.

Article 21. Implementation

1. Heads of agencies, units affiliated to the Ministry of Justice, the Ministry of Public Security, the Ministry of Health; directors of the Service of Justice, the Service of Health, directors of police authorities of central-affiliated cities and provinces and relevant agencies, organizations, and individuals shall be responsible for executing this Joint Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Justice (via the Department of administrative procedure control), the Ministry of Public Security (via General Department of Police), the Ministry of Health (via Legal Department) for early instructions.