Guidance on Handling Crimes of Evading Social Insurance, Health Insurance, and Unemployment Insurance Payments before January 01, 2018

21:02, 10/07/2024

Recently, the Council of Judges of the Supreme People's Court has issued Resolution 05/2019/NQ-HDTP guiding the application of Article 214 on social insurance fraud, unemployment insurance fraud, Article 215 on health insurance fraud, and Article 216 on evasion of social insurance, health insurance, and unemployment insurance contributions for employees of the Criminal Code 2015.

For acts of evasion of payment of Social Insurance (SI), Health Insurance (HI), and Unemployment Insurance (UI) for employees conducted before 00:00 on January 1, 2018, criminal prosecution will not apply. Instead, depending on each case, the following handling measures shall be taken:

- If administrative sanctions have not been imposed and the statute of limitations for administrative sanctions has not expired, the competent authority shall consider imposing administrative penalties for violations;- If administrative sanctions have been imposed but the individual or organization being punished deliberately evades or delays the execution, the statute of limitations for executing the penalty decision shall be determined according to Clause 2, Article 74 of the Law on Handling Administrative Violations;- If there is damage caused to employees, the SI agency, or other individuals or organizations, the aggrieved party may file a lawsuit demanding compensation for damages against the violator.

More details can be found in Resolution 05/2019/NQ-HDTP which takes effect from September 1, 2019.

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