Notably, the case started from people who did not actually work at the enterprise but still deposited money to participate in social insurance (BHXH).
According to the investigation results, from 2022 to 2024, the director of private enterprise B.T directed relatives and employees to receive money from acquaintances to pay social insurance, even though these people did not actually work at the enterprise.
After that, documents on salaries, maternity benefits, and health care were falsely created to legalize dossiers for enjoying benefits, causing the social insurance fund to suffer losses of more than 409 million VND.
The business has remedied the entire amount of money. But returning the money does not mean that the person who committed the previous act is no longer legally responsible. The head of the business still has to go to court and receive a criminal sentence.
This is not the first time that acts of social insurance regime fraud have been criminally handled.
Previously, actual trials recorded cases of using untrue documents to enjoy maternity benefits, creating fake postpartum recovery records or falsifying dossiers to enjoy social insurance benefits. There were cases of being fined, there were cases of receiving suspended sentences, and there were also people who had to serve prison sentences.
Social insurance is a social security policy to ensure the rights of workers when they are sick, childbirth, work accident, or reach the working age... Participation and enjoyment must be based on the conditions prescribed by law and the information and records reflecting the reality.
Article 214 of the Penal Code stipulates criminal responsibility for the act of creating fake dossiers, falsifying dossiers or using fake dossiers, falsified dossiers to deceive the social insurance agency in order to enjoy benefits, when the amount of appropriated money or damage reaches the prescribed level.
Therefore, the 18-month suspended sentence in Hanoi is first of all a warning for acts of creating dossiers that are not true to reality in order to receive money from the social insurance fund.
It is not advisable to accept to be named in an unreal labor relationship just to be eligible for immediate benefits and then use that dossier to receive money from the fund.
Business leaders are even more unable to transform dossiers into tools to legitimize enjoying regimes that are not in accordance with regulations because of acquaintances, interests or leniency.
More importantly, the case was discovered from the fact that the social insurance agency reviewed data and found that the frequency of enjoying maternity benefits was unusual.
This shows that as data is increasingly interconnected and analyzed better, abnormalities in the contribution - benefit process, salary, working time or the frequency of settlement of benefits are also increasingly easily identified.
Social insurance is a social security fund that is basically formed from the contributions of employees, employers and the State.
Protecting the social security fund is not only by judgments after the money has been appropriated, but first of all, it is necessary to make those who intend to cheat understand that fake dossiers make it difficult to hide traces on the data system.
