Pursuant to Articles 214, 215 and 216 of the Criminal Code, Vietnam Social Insurance (BHXH) is drafting a document to guide the process of receiving dossiers and procedures for requesting criminal prosecution with violations of social insurance, health insurance and unemployment insurance to protect workers' rights.
Accordingly, the provincial / district social insurance agency, when receiving the information, must record it in the complete book of receiving information, enclosed with documents and evidence for all forms of information receiving.
The process when individuals and organizations come directly to reflect at the social insurance agency
Step 1:
Individuals and organizations that directly come to report and make proposals must make a record
Step 2:
The provincial / district social insurance agency shall classify and process information, collate with the records and data being managed after receiving the information. At the same time, petition to prosecute according to Articles 214, 215, 216 of the Penal Code if found sufficient grounds.
✓ Reconcile Article 214 of the Penal Code: a criminal act defined as appropriating social insurance and unemployment insurance premiums of 10 million dong or more or causing damage of 20 million dong or more;
✓ Reconcile Article 215 of the Penal Code: a criminal act defined as appropriating health insurance premiums of VND 10 million or more or causing damage of VND 20 million or more;
✓ Reconcile Article 216 of the Penal Code: offenses determined to be evade payment (not paid or not fully paid) Social insurance, health insurance and unemployment insurance for employees aged 6 months or more and have been administratively sanctioned in cases of evaded payment VND 50 million or more or the number of people escaping from paying insurance premiums is equivalent to 10 or more people.
Proposal for prosecution Regarding fraud of social insurance, fraud of health insurance, evasion of payment of social insurance, health insurance and unemployment insurance premium: papers, documents, evidence may be the original or a lawful copy.
Step 3:
After making a petition, the provincial / district social insurance body submits the dossier via postal service or directly to the provincial / district investigation agency and the provincial / district People's Committee.
prosecute social insurance violations
