Laws of Vietnam

In implementing the regime of insurance against accidents for pupils and students provided for in Decision No.115-HDBT of the 29th of September 1986 of the Council of Ministers, the units under the Ministry of Education and Training and the Ministry of Finance have so far displayed fairly close coordination and achieved good results. The payment made out under this insurance has proved to be a good financial cover to relieve the effect of accidents happening to pupils and students, helping their families to overcome quickly the consequences and return the pupils and students to their classes. However, the insurance has so far provided cover only against the accidents while not yet catering to the need to ensure comprehensively the health of pupils and students, nor providing help to the families who are forced to take care of their hospitalized or operated-on children.

In order to overcome the above-described shortcomings and to create better health care conditions for pupils and students, in implementing Decision No.241-TTg on the 24th of May 1993 of the Prime Minister on collecting and use of tuition fees, which allows all schools to collect anti-accident insurance from pupils and students, the Ministry of Finance and the Ministry of Education and Training jointly issue the following guidance on a number of contents to extend the insurance coverage and effect a comprehensive insurance regime for pupils and students:

1. In principle, the comprehensive insurance for pupils and students is applied on a voluntary basis. However, in the interest of all pupils and students, their families, their schools and the society as a whole, the State encourages all pupils and students who are enrolling in schools of all types and levels, from crèche to general education, vocational training, secondary vocational training, college and university, to participate in it.

2. All insurance companies in Vietnam are entitled to provide this service under the uniform principle of the State. The insurance companies which are operating in the same geographic area may arrange among themselves the area of operation for each of them so as to ensure the provision of the service without engaging in unhealthy competition in violation of State regulations on the management of the insurance market.

3. The policy for comprehensive insurance for pupils and students shall be designed by the insurance companies on the basis of the Regulation on anti-accident insurance for pupils and students which was issued in conjunction with Decision No.256-TC/BH on the 27th of July 1991, the Regulation on insurance for hospitalization and operation which was issued in conjunction with Decision No.466-TC/BH on the 2nd of July 1993, and the Regulation on individual life insurance which was issued in conjunction with Decision No.349-TC/BH on the 10th of August 1992, all of the Ministry of Finance.

4. The insurance fee and premium shall be set uniformly and at a single level for all schools.

5. The money generated by selling insurance is not a revenue for the education and training service, but only one that it collects on behalf of the insurance businesses.

a) Disseminating to schools and other institutions the State's provisions on the content and scope of comprehensive insurance for pupils and students as well as the interest of the insured, and the procedures for insurance purchases and claims.

b) Providing schools with documents on legal provisions and regulations on different types of insurance which are related to the comprehensive insurance for pupils and students.

c) Organizing a broad network of agents to make it convenient for the selling and remittance of the insurance.

d) Paying a commission to schools or agents at the level set by the Ministry of Finance immediately upon receiving the insurance purchases.

e) Paying in full and in time the insurance to pupils and students when occurrences within the insurance coverage take place.

a) Coordinating with the insurance companies to popularize the regime of comprehensive insurance for pupils and students to all pupils and students and their families, and encourage them to purchase the comprehensive insurance.

b) Recommending personnel to work as agents for the insurance company. The agent is responsible for drawing up a list of pupils and students of the school and collecting the insurance fee as agreed upon with the insurance company.

c) Directing the concerned sections and agents to guide the pupils and students to honestly and fully fill in the insurance-application forms, signing the insurance contract and transferring the collected insurance fee to the insurance company according to set rules.

d) When a pupil or student is struck by an accident or falls sick, is hospitalized or has to go through surgery or is dead, and the accident falls into the insured area, prompting the concerned sections and agents quickly to complete the formalities required by the insurance company to ensure that the pupil or student and his/her family soon receive the insurance payment.

III. IMPLEMENTATION

1. The schools and insurance companies should increase their cooperation to ensure that all pupils and students and their families are well aware of the use and humanitarian significance of this insurance, and eventually to make insurance purchase a popular habit among the citizenry. It is necessary to publicize publicly and widely the procedures and formalities of insurance, the responsibilities of the insurance company and the responsibilities and interests of the insured; to clearly define the responsibilities of each of the parties in the provision of health care and comprehensive insurance for pupils and students.

2. The insurance companies need to coordinate with the educational and other specialized services to provide good preventive measures to reduce accidents among pupils and students. Annually to coordinate with the educational service to present timely rewards to schools and classes which have had remarkable merits in the provision of comprehensive insurance for pupils and students as well as in the prevention of accidents among them.

3. This Circular becomes effective from the date of signing.

4. In the course of the implementation of this Circular, if problems emerge, the concerned schools and insurance companies shall promptly report them to the Ministry of Finance and the Ministry of Education and Training for consideration and solution.-

For the Minister of Education and Training

Vice Minister

For the Minister of Finance

Vice Minister