Vietnam: Mistakes and penalties when declaring social insurance premiums are often made

Violation

Fine

- Failing to pay compulsory social insurance premium and unemployment insurance premium on schedule.

- Failing to pay sufficient social insurance premium and unemployment insurance premium;

- Failing to buy compulsory social insurance and unemployment insurance for all the people that must have social insurance and unemployment insurance.

- A fine of 12% - 15% of the compulsory social insurance and unemployment insurance premium at the time the administrative violation is recorded (not exceeding 75,000,000 VND);

- Remedial measures: Compelling the payment of the omitted or deferred compulsory social insurance premium and unemployment insurance premium and compelling the payment of the interest on the omitted and deferred compulsory social insurance and unemployment insurance premium omitted or deferred.

Failing to buy compulsory social insurance and unemployment insurance for all the workers that must have social insurance and unemployment insurance

- A fine of 18% - 20% of the compulsory social insurance and unemployment insurance premium at the time the administrative violation is recorded (not exceeding 75,000,000 VND);

- Remedial measures: Compelling the payment of the omitted or deferred compulsory social insurance premium and unemployment insurance premium and compelling the payment of the interest on the omitted and deferred compulsory social insurance and unemployment insurance premium omitted or deferred.

Application for social insurance/unemployment insurance payout forged by the employer for self-seeking purposes if not liable to criminal prosecutions

A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each forged application for social insurance/unemployment insurance payout

- Failure to provide or failure to provide sufficient documents and information about compulsory social insurance and unemployment insurance at the request of competent authorities;

- Failure to provide or failure to provide sufficient information contribution compulsory social insurance and unemployment insurance of workers at the request of workers or the trade union;

- Failure to send a written request to the social insurance agency for confirmation of payment of unemployment insurance for workers for them to complete applications for unemployment insurance as prescribed;

- Losing, damaging, or falsifying social insurance books.

A fine of from VND 500,000 to VND 1,000,000

- Failure to pay sickness benefit, maternity benefit, health recovery benefit within 03 working days from the day on which satisfactory documents are received from the workers;

- Failure to pay occupational accident benefit or occupational disease benefit within 15 days from the day on which the payment decision is received from the social insurance agency.

A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon any employer that commits

- Failure to make an application to buy compulsory social insurance, unemployment insurance for the worker within 30 days from the conclusion date of the employment contract or from the recruitment date;

- Failure to request the social insurance agency to provide pension benefit, occupational accident benefit, or occupational disease benefit as prescribed;

- Failure to introduce the worker to undergo assessment of work ability decline by a Medical Examination Council for receiving social insurance payout.

A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed upon any employer that commits