Definition of Ambiguous Terms in Social Insurance and Health Insurance under the Penal Code 2015

The following Vietnamese to English translation is formatted in the style of a legal document:

In which, the definitions of the following terms can be enumerated:

- Creating fake documents is the act of creating BHXH, BHTN documents that include fake papers and documents (e.g., non-existent documents, documents not issued by competent authorities, issued without conformity, unauthorized issue, issued outside the validity period, etc.) to claim the benefits of policies such as: sickness; maternity; occupational accidents, occupational diseases; retirement; death benefits; unemployment benefits; job counseling and referral support; vocational training support; training and skill enhancement to maintain employment for employees and other policies as prescribed by law.

- Forging health insurance documents or cards is the act of creating or using health insurance documents or cards not issued by competent authorities or forging health insurance documents or cards of others to unlawfully claim health insurance benefits.

- Health insurance cards issued without payment are those issued by competent state authorities to individuals who have not made payments or are not within the groups covered by other organizations or funds according to regulations.

- Fake health insurance cards are health insurance cards not issued by competent state authorities.

Illustration (source: internet)

- Revoked, altered cards are health insurance cards issued by competent state authorities to participants but have been revoked according to legal and health insurance regulations or cards that have been altered to distort the information of the cardholder.

- Evasion of insurance contributions is the act of an employer who is obligated to pay BHXH, BHYT, BHTN for employees but deceitfully or by other means avoids paying or does not fully pay BHXH, BHYT, BHTN for employees who are supposed to participate in BHXH, BHYT, BHTN.

- Non-payment of BHXH, BHYT, BHTN contributions is the case where the employer does not submit registration documents for social insurance, health insurance, unemployment insurance for employees, or has submitted documents and clearly identified all employees and amounts payable but does not pay social insurance, health insurance, and unemployment insurance costs to the social insurance agency as prescribed.

- Partial payment is the situation where the employer has clearly identified all insurance costs, prepared payroll documents for employees, and business income, but only pays a portion of the social insurance, health insurance, and unemployment insurance contributions to the social insurance agency as prescribed.

See detailed content at Resolution 05/2019/NQ-HDTP which takes effect from September 1, 2019.

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