Chương 3 Nghị định 95/2013/NĐ-CP xử phạt vi phạm hành chính lĩnh vực lao động bảo hiểm xã hội: Hành vi vi phạm, hình thức xử phạt, mức xử phạt và biện pháp khắc phục hậu quả đối với hành vi vi phạm trong lĩnh vực bảo hiểm xã hội

Chapter 3.

VIOLATIONS, PENALTIES, FINE LEVELS, AND REMEDIAL MEASURES APPLICABLE TO VIOLATIONS AGAINST REGULATIONS ON SOCIAL INSURANCE

Article 26. Violations against regulations on compulsory social insurance and unemployment insurance

1. The worker shall be given a warning or liable to a fine of from 500,000 VND to 1,000,000 VND for reaching an agreement with the employer to not participate in compulsory social insurance and unemployment insurance.

2. The employer shall be liable to a fine of 12% - 15% of the compulsory social insurance and unemployment insurance premium at the time the administrative violation is recorded (not exceeding 75,000,000 VND) when committing one of the following acts:

a) Failing to pay compulsory social insurance premium and unemployment insurance premium on schedule;

b) Failing to pay sufficient social insurance premium and unemployment insurance premium;

c) Failing to buy compulsory social insurance and unemployment insurance for all the people that must have social insurance and unemployment insurance.

3. The employer shall be liable to a fine of 18% - 20% of the compulsory social insurance and unemployment insurance premium at the time the administrative violation is recorded (not exceeding 75,000,000 VND) when failing to buy compulsory social insurance and unemployment insurance for all the workers that must have social insurance and unemployment insurance.

4. Remedial measures:

a) Compelling the payment of the omitted or deferred compulsory social insurance premium and unemployment insurance premium, applicable to the violations in Clause 1, Clause 2 and Clause 3 of this Article;

b) Compelling the payment of the interest on the omitted and deferred  compulsory social insurance and unemployment insurance premium omitted or deferred, applicable to the violations in Clause 1, Clause 2 and Clause 3 of this Article;

Article 27. Violations against regulations on application for social insurance benefits

1. The worker shall be liable to a fine of from 500,000 VND to 1,000,000 VND for making false declarations or falsifying the information related to the entitlement to benefits of compulsory social insurance, voluntary social insurance, and unemployment insurance.

2. The employer shall be liable to a fine of from 5,000,000 VND to 10,000,000 when forging the application for social insurance benefits.

3. Remedial measures: compelling the return of the social insurance money that is provided, applicable to the violations in Clause 1 and Clause 2 of this Article.

Article 28. Violations against other regulations on social insurance

1. The employer shall be liable to a fine of from 300,000 VND to 800,000 when committing one of the following acts:

a) Failing to provide documents and information about compulsory social insurance and unemployment insurance at the request of competent authorities;

b) Failing to provide information about payment of compulsory social insurance premium and unemployment insurance premium at the request of workers or the union.

2. The employer shall be liable to a fine of from 200,000 VND to 500,000 for every worker affected by one of the following acts committed by the employer:

a) Failing to give sick pay, maternity pay, subsidies for recovery from sickness or childbirth within 03 working days from the day on which sufficient and valid documents are submitted by the worker;

b) Failing to pay support for accidents, occupational illness within 15 days from the day on which the decision on payment made by the social insurance agency is received;

c) Losing, damaging, falsifying the social insurance books.

3. The employer shall be liable to a fine of from 500,000 VND to 1,000,000 for every worker affected by one of the following acts committed by the employer:

a) Failing to make the application for compulsory social insurance, unemployment insurance within 30 days from the day on which the labor contract is signed;

b) Failing to request the social insurance agency in writing to: provide a pension 30 days before the worker is qualified for retirement and pension,  provide support for occupational accident or occupational illness within 30 days revenues sufficient and valid documents are submitted by the worker;

c) Failing to have the worker tested for reduction in work ability by Medical Examination Council for provision of social insurance benefits.

4. The employer shall be liable to a fine of from 20,000,000 VND to 30,000,000 when improperly using the social insurance fund.

5. Remedial measures:

a) Compelling the employer to provide sufficient social insurance benefits for the worker, applicable to the violations in Point a and Point b Clause 2 of this Article;

b) Compelling the employer to submit the profit earned from improper use of the social insurance fund, applicable to the violations in Clause 4 of this Article.