Based on Articles 214, 215, and 216 of the Penal Code, Vietnam Social Security (VSS) is drafting a document guiding the process of receiving dossiers and procedures for requesting criminal prosecution for violations related to social insurance, health insurance, and unemployment insurance, in order to protect the rights of workers.
Accordingly, provincial/district social insurance agencies, upon receiving information, must record the received information in a logbook with complete details, along with supporting documents and evidence, regardless of the method of information reception.
Procedure for individuals and organizations to directly submit complaints to the Social Insurance agency.
Step 1:
Individuals and organizations who directly submit feedback or suggestions must have a written record made.
Step 2:
Provincial/district social insurance agencies classify and process information, comparing it with existing records and data after receiving it. They also recommend prosecution under Articles 214, 215, and 216 of the Penal Code if sufficient grounds are deemed.
✓ Compare according to Article 214 of the Penal CodeThe criminal act is defined as misappropriating social insurance or unemployment insurance funds of 10 million VND or more, or causing damages of 20 million VND or more;
✓ Compare according to Article 215 of the Penal CodeThe defined offense is misappropriating health insurance funds of 10 million VND or more, or causing damages of 20 million VND or more;
✓ Compare according to Article 216 of the Penal Code: The criminal offense is defined as evading (not paying or not paying in full) social insurance, health insurance, and unemployment insurance contributions for employees for 6 months or more, and having been subject to administrative penalties in cases where the amount evaded is 50 million VND or more, or the number of people whose insurance contributions were evaded is 10 or more.
File requesting prosecution Regarding crimes of social insurance fraud, health insurance fraud, and evasion of social insurance, health insurance, and unemployment insurance contributions: the relevant documents, materials, and evidence may be originals or legally certified copies.
Step 3:
After preparing the request for prosecution, the provincial/district Social Insurance agency sends the file via postal service or directly to the provincial/district investigative agency and the provincial/district People's Procuracy.
Prosecution for violations of social insurance regulations.
