The Ministry of Public Security proposes to impose a prison sentence of up to 10 years for social insurance fraud

    HƯƠNG NHA |

    In the draft Penal Code (amended), the Ministry of Public Security proposed raising the penalty for social insurance and unemployment insurance fraud.

    The Ministry of Justice has published a dossier of appraisal of drafting the Criminal Code (amended) by the Ministry of Public Security, which is expected to submit to the National Assembly for consideration and comments, through the order and procedures at the 10th session, the XV National Assembly in October 2025.

    In Article 214 of the draft Penal Code (amended), the Ministry of Public Security proposed to amend and supplement regulations on social insurance and unemployment insurance fraud.

    With acts of making fake records or false contents of social insurance records, unemployment insurance records deceiving social insurance agencies or using fake records or dossiers that have been deviated to deceive the social insurance agency enjoying social insurance and unemployment insurance regimes appropriating social insurance and unemployment insurance from VND 20 million to VND 200 million; Or causing damage from VND 40 million to VND 400 million without the case specified in one of the Articles 174, 353 and 355 of this Code, a fine of between VND 40 million to VND 200 million (the current fine fine is from VND 20-100 million), non-custodial reform for up to 2 years or a prison term of between 3 months and 2 years.

    Clause 2, this Article stipulates a fine of VND 200 - 400 million or a prison sentence of 1 year to 5 years for cases with organizations; professional nature; appropriation of social insurance and unemployment insurance from VND 200 million to VND 1 billion; causing damage from VND 400 million to VND 1 billion; using sophisticated and craft tricks; recidivism of dangerous offenses.

    In addition, criminals are sentenced to imprisonment from 5 to 10 years in prison for cases of appropriating social insurance and unemployment insurance money of 1 billion VND; causing losses of 1 billion VND or more. The offender may also be fined from 20 million VND to 200 million VND, banned from holding a position, practicing a profession or doing certain jobs from 1 year to 5 years.

    Similarly, for the crime of Health Insurance Fraud (Article 219), the draft also proposes to increase the fine compared to current regulations.

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