LEVELS OF SANCTIONING OF NEW ADMINISTRATIVE VIOLATIONS IN THE FIELD OF SOCIAL INSURANCE FROM April 15, 2020

On April 15, 2020, Decree No. 28/2020 / ND-CP on sanctioning administrative violations in the field of labor, social insurance and sending Vietnamese laborers to work abroad under contracts officially take effect, according to which the sanctioning level of administrative violations in the field of social insurance payment is prescribed as follows:

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Regarding the sanctioning level of violations of regulations on payment of compulsory social insurance and unemployment insurance (Article 38):
Compared to the old regulations, the Decree stipulates that additional violations will be sanctioned for administrative violations, prescribed in Clauses 2, 3 and 6; Particularly in the remedies specified in Clause 7, “if not implemented, at the request of competent persons, banks, other credit institutions, the State Treasury shall have to deduct from the accounts. deposits of employers to pay the unpaid amount, late payment interest and interest of such amounts “, specifically:
1. A fine of between VND 500,000 and 1,000,000 shall be imposed on employees who commit acts of reaching agreement with employers who fail to participate in compulsory social insurance, unemployment insurance, or participate in the wrong subjects or not participating in the prescribed level.
2. A fine of between VND 500,000 and 1,000,000 shall be imposed on employers who commit one of the following acts:
a) Annually, failing to post up information on employees’ payment of social insurance premiums provided by social insurance agencies under Clause 7, Article 23 of the Law on Social Insurance;
b) Failing to carry out procedures for certification of paying unemployment insurance premiums for employees so that employees can complete dossiers of unemployment insurance benefits as prescribed;
c) Failing to provide or providing insufficient information on compulsory social insurance and unemployment insurance premiums of employees at the request of employees or trade union organizations.
3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on employers that fail to provide accurate, complete and timely information and documents related to the payment and enjoyment of commune insurance. compulsory associations, unemployment insurance at the request of competent state agencies, social insurance agencies.
4. A fine of between 12% and 15% of the total amount of compulsory social insurance and unemployment insurance premiums at the time of making administrative violation records but not exceeding VND 75,000,000 for users. Laborers have one of the following acts:
a) Late payment of compulsory social insurance and unemployment insurance;
b) Paying social insurance premiums or unemployment insurance premiums in contravention of regulations but not on evasion;
c) Failing to pay social insurance and unemployment insurance premiums ineligible for compulsory social insurance and unemployment insurance.
5. A fine of between 18% and 20% of the total amount of compulsory social insurance and unemployment insurance premiums at the time of making administrative violation records but not exceeding VND 75,000,000 for users. Laborers do not pay compulsory social insurance and unemployment insurance premiums for all employees subject to compulsory social insurance and unemployment insurance but not seriously enough to be examined for penal liability.
6. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on employers who commit acts of evading compulsory social insurance or unemployment insurance but not seriously enough to be examined for penal liability.
7. Remedies
a) Forced retrospective payment of compulsory social insurance and unemployment insurance premiums for violations specified in Clauses 4 and 5 of this Article;
b) Forced payment of interests equal to 2 times the average interest rate of investment in the social insurance fund of the preceding year calculated on the amount of money, time of late payment, non-payment or evasion; If failing to do so, at the request of competent persons, banks, other credit institutions and state treasuries shall deduct from employers’ deposit accounts to pay unpaid, delayed amounts. The premium and interest of this amount shall be calculated according to the highest interest rate on non-term deposits of state-owned commercial banks announced at the time of sanctioning into the social insurance agency’s account for violations specified in Clauses 4, 5 and 6 of this Article for 30 days or more.

Regarding the sanctioning level of violations of the regulations on making dossiers to enjoy social insurance and unemployment insurance regimes (Article 39)
Compared to the old regulation, Decree No. 28/2020 / ND-CP has removed some of the administrative violations when making a dossier, leaving only 2 groups of acts (the old rule is 5 groups of acts), Specifically:
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on employees who commit one of the following violations:
(i) Providing untruthful declarations or correcting, erasing or falsifying contents related to social insurance and unemployment insurance but not seriously enough to be examined for penal liability;
(ii) Failure to notify the Employment Service Center as prescribed when the employee has a job within 15 working days from the date of submission of application for unemployment benefits;
(iii) Unemployment benefits are not reported to the Employment Service Center in one of the following cases: employed; fulfillment of military service, police obligation; enjoy a monthly pension; studying for a term of full 12 months or more.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on employers that commit acts of counterfeiting or falsifying contents of social insurance and unemployment insurance dossiers to make personal profits for insurance regimes. social insurance, unemployment insurance but not to the extent of being examined for penal liability for each application for social insurance or unemployment insurance which falsifies or falsifies content.
3. Remedial measures: Forced payment to social insurance organizations of social insurance and unemployment allowance amounts already received for committing acts of violation specified in Clauses 1 and 2 of this Article.

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