This is the newly mentioned content in the Draft Decree stipulating the handling of administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad to work under contracts.
Article table of contents
Full text of the Draft Decree on Administrative Sanctions in the Field of Labor and Social Insurance (BHXH)
Employers who appropriate employees' social insurance (BHXH) benefits shall be fined from VND 20,000,000 to VND 30,000,000.
Simultaneously, they are required to fully return the embezzled benefits to the employees and pay back all profits gained from the embezzled amount.
In cases of appropriating or evading mandatory social insurance (BHXH) and unemployment insurance (BHTN) contributions, the fine shall range from 12% to 15% of the total mandatory BHXH, BHTN contributions at the time of record of violation, but not exceeding VND 75 million. The fine will increase to 18% to 20% of the total BHXH, BHTN contributions if the appropriation or evasion involves the contributions for all employees.
In addition, employers must pay interest equivalent to 2 times the average investment interest rate of the BHXH fund of the preceding year calculated based on the overdue amount and period.
If not complied with, upon request of the competent authority, banks, other credit institutions, and the state treasury shall be responsible for deducting the outstanding and overdue contributions and interest from the employer's deposit accounts, based on the highest non-term deposit interest rate of state commercial banks announced at the sanction time, and transfering them into the account of the social insurance authority.
Moreover, the Draft Decree also regulates sanctions for other violations related to social insurance contributions and benefits. The Draft is expected to be adopted and effective in 2018, replacing Decree No. 95/2013/ND-CP and Decree No. 88/2015/ND-CP.
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