From July 1, evading social insurance and health insurance payments can be subject to criminal prosecution.

From July 1, the Social Insurance Law 2024 officially took effect, stating that acts of evading social insurance payments will be strictly handled, including criminal prosecution.

People do procedures related to social insurance in Hanoi - Photo: NAM TRAN

Having been in debt to social insurance since 2021, for nearly 4 years now, Ms. Thuy is still struggling to find a way to pay social insurance.

Partly because she went to work without a labor contract, partly because her boss had run away, she did not have a decision to quit her job to complete the procedures.

Similarly, Tuan, a young graduate, said that because the company had no revenue, the director ran away and could not be contacted for a whole year.

When checking, Tuan found out that no one had cut off social insurance according to regulations. Tuan was worried that if he started working at a new unit, he would be able to re-join social insurance.

What is slow, evading social insurance payment?

According to Vietnam Social Security, the Social Insurance Law 2024, effective from July 1, 2025, will clearly regulate acts of delay and evasion of social insurance, health insurance and unemployment insurance payments.

With late payment, case one is that the employer has not paid or has not paid social insurance and health insurance since the latest date of health insurance payment.

Case two is not establishing or failing to establish a list of participants within 60 days from the expiration of the prescribed deadline.

In case of payment evasion, the first case is that the employer does not make or makes an incomplete list of social insurance and health insurance participants after 60 days from the prescribed deadline.

Case two is not paying or underpaying registered social insurance and health insurance after 60 days from the latest payment date and has been urged by the competent authority.

Regarding handling, for late payment, the enterprise will have to pay the full amount of late payment, pay an additional interest of 0.03%/day calculated on the amount and number of days of evading payment, and will be administratively fined and will not be considered for emulation or rewards.

In particular, if the enterprise evades payment, in addition to having to pay the full amount of evaded payment and penalty interest as above, it may be subject to administrative sanctions or criminal prosecution according to the provisions of law.

Similarly, cases of tax evasion are not considered for emulation or rewards.

Social insurance officers check the records of employees and employers - Photo: HA QUAN

Increase inspection and collection of social insurance evasion money

Vietnam Social Security stated that the Social Insurance Law 2024 specifically stipulates behaviors and sanctions that will increase deterrence and raise awareness of law compliance among employers. Protect the rights of employees in social security, health care and benefits when necessary.

Slow and evasive payment behaviors also negatively affect the balance and sustainability of social insurance and health insurance funds.

Having specific regulations as well as strict handling measures will ensure stable revenue and the ability to pay benefits promptly to participants.

In addition, law-abiding entities will not be disadvantaged compared to those that deliberately violate the law.

From 2024 to the end of April 2025, the social insurance industry inspected and examined nearly 23,000 units.

Accordingly, it requested to collect the arrears of about 17,500 workers who were required to participate in social insurance, unemployment insurance, and health insurance but had not paid or had paid less than 130 billion VND. At the same time, the industry also requested to collect over 127 billion VND in arrears of nearly 39,000 workers.

According to the report, before the decision to inspect and examine, the total amount of late payment of the above units was up to more than 2,100 billion VND. After taking action, the industry has recovered nearly 1,100 billion VND.

Regarding payment of social insurance and unemployment insurance benefits, the social insurance agency has requested to recover about 12 billion VND to the funds according to regulations.

Regarding the settlement of health insurance medical examination and treatment costs, the industry has requested the recovery of up to 172 billion VND spent in violation of regulations.

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HA QUAN

Source: https://tuoitre.vn/tu-1-7-tron-dong-bao-hiem-xa-hoi-bao-hiem-y-te-co-the-bi-xu-ly-hinh-su-20250616230847367.htm