The Covid-19 pandemic has forced many employees to stay home from work to treat their illnesses. Because this is a disease that is regulated by the sickness regime – a policy to support employees in Vietnam, employees, when infected with Covid-19, can submit a request for social insurance benefits to the Vietnam Social Security Administration for support for the sickness regime. However, for many reasons, many employees have faked and falsely declared elements in their dossiers for social insurance benefits in order to receive more benefits. Accordingly, what are the regulations on penalties for employees correcting or making false declarations of social insurance benefits in Vietnam?
Not only in order to solve the regime when unfortunately infected with Covid-19, but the false declaration of social insurance benefits also appears a lot in Vietnamese society, creating a significant burden for the social insurance system and the employees who declare correctly, fully, and honestly about the rights they deserve to receive.
Before the pandemic occurred, the correction and false declaration of social insurance benefits often occurred in cases where the employee requested to withdraw lump-sum social insurance or when receiving unemployment benefits, severance allowance, etc.
Not only for self-interest but sometimes because of mistakes, employees who do not understand the law also accidentally make corrections in the books, falsely declaring records of social insurance benefits in Vietnam.
However, the law is immutable and there will be no exceptions.
Thereby, whether intentionally or unintentionally, the fact is that those employees have committed a violation of the law by correcting and falsely declaring their social insurance records. Accordingly, they will be punished according to the provisions of the law.
So, for these acts, what are the provisions on penalties under Vietnamese law?
Regulations on penalties for correcting and making false declarations of social insurance benefits in Vietnam
According to the provisions of Decree 95/2013/ND-CP, the act of correcting and making false declarations of social insurance records in Vietnam is regulated as follows:
“Article 27. Violations against regulations on making documents to enjoy the social insurance regime
1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on employees who make false declarations or correct or erase contents related to the enjoyment of compulsory social insurance or voluntary social insurance, unemployment insurance.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on employers who forge social insurance records to enjoy the social insurance regime for each fake social insurance claim.
3. Remedial measures: Forcible return to the social insurance agency the amount of social insurance money received due to the commission of violations specified in Clauses 1 and 2 of this Article.”
Thereby, in case the employee declares the wrong benefit record, he/she will be fined in the range of 500,000 VND to 1,000,000 VND.
In case the employer is the party that takes advantage of the Vietnamese social insurance regime, they will be fined from 5,000,000 VND to 10,000,000 VND for each case.
In addition, if the employee is a Vietnamese working abroad under a contract, according to the provisions of Article 40 of Decree 12/2022/ND-CP, they may be fined from VND 1,000,000 to VND 2,000.000 VND for acts of abuse, falsification of dossiers for social insurance benefits, falsification of regulations such as failure to notify the social insurance agency while waiting for unemployment benefits that they have found a job, etc.
In addition to administrative sanctions, employees who commit violations must also take remedial measures, including forcing them to return to the social insurance agency the money amount of social insurance, unemployment allowance, vocational training support, the training and fostering support, etc. received due to the violation.