Vietnam: Falsifying unemployment insurance documents to misappropriate the amount of less than 10 million VND will go to jail? If so, how many years to imprison?
What is unemployment insurance in Vietnam? How are employment guidelines regulated?
The concept of unemployment insurance is defined in Clause 4, Article 3 of the 2013 Employment Law of Vietnam as follows:
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
...
4. Unemployment insurance means a scheme aiming to compensate part of income of a worker when he/she becomes unemployed, support him/her to receive vocational training, maintain employment, or seek employment, on the basis of making contributions to the Unemployment Insurance Fund.
According to Article 42 of the 2013 Employment Law of Vietnam, unemployment insurance includes 04 regimes:
- Unemployment allowance.
- Job counseling and recommendation support.
- Vocational training support.
- Support for training and retraining to improve qualifications of occupational skills for job maintenance for workers.
At the same time, based on the provisions of Article 4 of the 2013 Employment Law of Vietnam, the principle of employment must ensure:
- Ensuring the right to work and freely choose jobs and workplaces.
- Ensuring equality in employment opportunities and incomes.
- Ensuring working under safe and hygienic conditions.
Vietnam: Falsifying unemployment insurance documents to misappropriate the amount of less than 10 million VND will go to jail? If so, how many years to imprison?
Who is involved in unemployment insurance in Vietnam?
Pursuant to Article 43 of the 2013 Employment Law of Vietnam, unemployment insurance participants include:
Specifically, according to Clause 1, Article 43 of the 2013 Employment Law of Vietnam, employees must participate in unemployment insurance as follows:
Article 43. Compulsory participants in unemployment insurance
1. Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:
a/ Labor contracts or working contracts of indefinite time;
b/ Labor contracts or working contracts of definite time;
c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.
In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.
At the same time, in Clause 2, Article 43 of the Vietnamese Employment Law 2013, workers defined in Clause 1 of this Article who are currently on pension or doing housework are not required to participate in unemployment insurance.
According to Clause 3, Article 43 of the Vietnamese Employment Law 2013, employers must participate in unemployment insurance as follows:
Article 43. Compulsory participants in unemployment insurance
…
3. Employers obliged to participate in unemployment insurance include state agencies, public non-business units and people’s armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations; foreign agencies and organizations and international organizations operating in the Vietnamese territory; enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or employ workers under the labor contracts or working contracts specified in Clause 1 of this Article.
Thus, individuals and organizations in the above-mentioned cases are obliged to participate in unemployment insurance.
Falsifying unemployment insurance records for less than 10 million VND will be imprisoned in Vietnam?
For the act of falsifying unemployment insurance documents to seize property, Clause 1, Article 214 of the 2015 Criminal Code of Vietnam and Clause 2, Article 214 of the 2015 Criminal Code of Vietnam provide as follows:
Article 214. Social insurance and unemployment insurance fraud
1. A person who commits any of the following acts and to illegally obtain an amount of social insurance or unemployment insurance payout of from VND 10,000,000 to under VND 100,000,000 or causes damage assessed at from VND 20,000,000 to under VND 200,000,000 except in the circumstances specified in Article 174, 353 and 355 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a Criminalty of up to 02 years' community sentence or 03 - 24 months' imprisonment:
a) Forging or falsifying social insurance or unemployment insurance documents to deceive social insurance authorities;
b) Using forged or falsified documents to deceive social insurance authorities into providing social insurance or unemployment insurance benefits.
2. This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 200,000,000 or a Criminalty of 01 - 05 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The amount of social insurance or unemployment insurance payout illegally obtained is from VND 100,000,000 to under VND 500,000,000;
d) The property damage caused by the offence is assessed at from VND 200,000,000 to under VND 500,000,000;
dd) The offence involves the use of deceitful methods;
c) Dangerous recidivism.
…
It can be seen that with an asset misappropriation of less than VND 10 million, there is no criminal liability. However, the person who commits this act will be administratively responsible according to Clause 2 Article 40 of Decree 12/2022/ND-CP as follows:
Article 40. Violations against regulations on preparation of application and documentation requirements for enjoyment of social insurance and unemployment insurance benefits
…
2. A fine ranging from VND 10.000.000 to VND 20.000.000 per application but not exceeding VND 75.000.000 shall be imposed upon an employer for forging or falsifying applications for social insurance and unemployment insurance benefits for profiteering such insurance benefits, if not liable to criminal prosecution.
Thus, the person who commits the act of falsifying unemployment insurance documents to misappropriate assets under VND 10 million will be subject to a fine of up to VND 20,000,000.
The above fine is a fine for violating individuals and organizations that will be sanctioned 02 times the Criminalty for individuals.
In addition, the person who falsifies the unemployment insurance dossier is also responsible for returning the amount that he or she has received as prescribed in Clause 3 Article 40 of Decree 12/2022/ND-CP.
Thư Viện Pháp Luật
