Proposal to add 2 prohibited acts regarding social insurance in Vietnam

Proposal to add 2 prohibited acts regarding social insurance in Vietnam​ (Image from the internet)

Proposal to add 2 prohibited acts regarding social insurance in Vietnam

Based on Article 8 of the Draft Law on Social Insurance (amended), the following regulations on prohibited acts regarding social insurance have been proposed:

- Delayed payment or evasion of compulsory social insurance.

- Misappropriation of social insurance benefits.

- Obstructing, causing difficulties, or damaging the legitimate rights and interests of parties participating in or beneficiaries of social insurance.

- Fraud, falsification of documents in the implementation of social insurance.

- Using the social insurance fund, unemployment insurance fund contrary to legal regulations.

- Illegal access, exploitation, or provision of the social insurance database.

- False registration, reporting; providing inaccurate information about social insurance; distorting social insurance policies.

- Collusion, connivance, covering up, assisting agencies, organizations, or individuals in committing violations of social insurance laws.

- Pawning, buying, selling, mortgaging, or depositing social insurance books in any form.

Thus, according to the proposed regulations, the Draft Law on Social Insurance (amended) has proposed to add two prohibited acts collusion, connivance, covering up, assisting agencies, organizations, or individuals in committing violations of social insurance laws, and pawning, buying, selling, mortgaging, or depositing social insurance books in any form.

Handling violations regarding social insurance in Vietnam

- Agencies, organizations that violate the provisions of the Law on Social Insurance 2014 may be subject to administrative fines depending on the nature and extent of the violation; if causing damage, they must compensate according to legal regulations.

- Individuals who violate the provisions of the Law on Social Insurance 2014 may be subject to administrative fines, disciplinary action, or criminal prosecution depending on the nature and extent of the violation; if causing damage, they must compensate according to legal regulations.

- Employers who violate the provisions of Clauses 1, 2, and 3 of Article 17 of the Law on Social Insurance 2014 for 30 days or more must, in addition to paying the overdue or delayed contributions and being handled according to the law, pay interest twice the average investment interest rate of the social insurance fund from the previous year on the overdue amount and the late payment period; if they fail to comply, upon request from a competent person, banks, other credit institutions, and state treasuries are responsible for deducting from the employer’s account to pay the overdue contributions and interest to the social insurance account.

(Article 122 of the Law on Social Insurance 2014)

Le Nguyen Anh Hao

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