✦ Smart summary
Decree No. 135/2007/ND-CP stipulates administrative sanctions for violations in the field of social insurance applicable to employers, employees, and social insurance organizations. This decree specifies forms of sanctions, fines, sanctioning authority, measures to remedy consequences, and procedures for sanctions.
Scope of application
Employers, employees, social insurance organizations, state agencies with sanctioning authority, and foreign individuals/entities operating within the territory of Vietnam.
Key points
- An employer who fails to pay social insurance contributions for employees shall be fined from VND 100,000 to VND 20,000,000, depending on the number of employees involved.
- An employee who fails to pay mandatory social insurance contributions shall be warned or fined from VND 100,000 to VND 1,000,000.
- A social insurance organization that improperly manages and uses the Social Insurance Fund shall be fined from VND 1,000,000 to VND 10,000,000.
- The authority to impose administrative sanctions for social insurance violations belongs to the Chairpersons of People's Committees at all levels and the State Labor Inspectorate.
- Those authorized to impose administrative sanctions for violations will be subject to disciplinary action or criminal prosecution if they violate their duties.
🌐 Social impact of this document
- Positive impact: Strengthened management and supervision of social insurance contributions, ensuring the rights of employees.
- Negative impact: Increased administrative fine costs may burden non-compliant enterprises.
❓ Frequently asked questions
How are employers penalized for failing to comply with social insurance contribution regulations?
Employers shall be warned or fined from VND 100,000 to VND 20,000,000, depending on the number of employees involved.
How are employees penalized for failing to pay mandatory social insurance contributions?
Employees shall be warned or fined from VND 100,000 to VND 1,000,000.
How are social insurance organizations penalized for violating regulations on managing the Social Insurance Fund?
Social insurance organizations shall be fined from VND 1,000,000 to VND 10,000,000.
Who has the authority to impose administrative sanctions for social insurance violations?
The authority to impose sanctions belongs to the Chairpersons of People's Committees at all levels and the State Labor Inspectorate.
What actions will be taken against those authorized to impose administrative sanctions if they violate their duties?
Those authorized to impose administrative sanctions for violations will be subject to disciplinary action or criminal prosecution if they violate their duties.
Full text
DECREE
Provisions on administrative penalties for violations in the field of social insurance
_______________________
THE GOVERNMENT
Pursuant to the Social Insurance Law dated June 29, 2006;
Based on the Administrative Violation Handling Ordinance dated July 2, 2002;
Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates acts of administrative violation; forms of penalty, fine amounts, authority to impose penalties, measures to remedy consequences, procedures for handling administrative violations in the field of social insurance.
Article 2. Applicability
1. Vietnamese agencies, organizations, and individuals who intentionally or negligently violate regulations on social insurance that do not constitute criminal offenses shall be subject to penalties as prescribed in this Decree.
2. Foreign agencies, organizations, and individuals who intentionally or negligently commit administrative violations concerning social insurance laws within the territory of the Socialist Republic of Vietnam shall also be subject to administrative penalties as prescribed in this Decree, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, in which case such treaties shall apply.
3. For violations related to the field of social insurance committed by civil servants while performing their assigned tasks in the field of social insurance and which do not constitute criminal offenses, they shall be disciplined according to the law on civil servants.
Article 3. Principles of Imposing Penalties for Violations of Social Insurance Law
1. The imposition of administrative penalties for violations of social insurance law shall be carried out by the authorities with the power as specified in Articles 40 and 41 of this Decree.
Agencies, organizations, and individuals shall only be subject to administrative penalties for violations of social insurance law when they commit acts prohibited under Chapter II of this Decree.
2. The imposition of administrative penalties for violations of social insurance law must be conducted promptly, fairly, thoroughly, and within the prescribed time limit. Upon discovering a violation, the act must be immediately stopped; all consequences caused by the administrative violation must be remedied according to the law.
3. A single act of administrative violation shall only be penalized once. If a person commits multiple violations, they shall be penalized for each individual violation. If multiple people jointly commit a single violation, each violator shall be penalized.
4. The imposition of administrative penalties must be based on the nature and degree of the violation, the identity of the violator, and mitigating or aggravating circumstances as provided for in Articles 5 and 6 of this Decree to determine appropriate forms and measures of punishment.
5. No administrative penalties shall be imposed in cases of emergency situations, unexpected events, or when the violator is suffering from mental illness or other diseases that impair their ability to understand or control their actions.
Article 4. Application of Forms of Administrative Penalties and Measures to Remedy Consequences
1. When imposing administrative penalties, the authority with the power to impose penalties may only apply the forms of penalty and measures to remedy consequences (if any) prescribed for the specific violation.
Each act of administrative violation shall only be subject to one primary form of penalty. In addition to the primary form of penalty, supplementary forms of penalty and measures to remedy consequences may be applied depending on the nature and degree of the specific violation. Supplementary forms of penalty and measures to remedy consequences can only be applied alongside the primary form of penalty, except in cases where the deadline specified in Clause 1 of Article 10 and Article 69 of the Administrative Violation Handling Ordinance has been exceeded.
2. Warning is a primary form of penalty that can only be applied in cases of minor violations, first-time offenses, with mitigating circumstances, and where the violation prescribes a warning as a form of penalty.
3. Fine is a primary form of penalty applied as follows: the specific amount of the fine for a single act of administrative violation is the average of the fine range prescribed for each violation; if there are mitigating circumstances, the fine amount may be reduced but not below the minimum fine level; if there are aggravating circumstances, the fine amount may be increased but not above the maximum fine level.
4. Suspension of the right to use licenses for a limited or unlimited period is a supplementary form of penalty that can only be applied in cases where agencies, organizations, and individuals seriously violate regulations on the use of licenses and the violation prescribes this form of penalty.
5. Measures to remedy consequences can only be applied when the administrative violation prescribes such measures and are applied alongside the primary form of penalty, aimed at thoroughly addressing the violation, eliminating causes and conditions for recurrence, and remedying all consequences caused by the administrative violation.
Article 5. Mitigating Circumstances
1. The person who commits an administrative violation has taken measures to prevent, reduce the harm caused by the violation, or voluntarily remedied the consequences and compensated for damages.
2. The person who commits an administrative violation has voluntarily reported the violation and sincerely expressed remorse.
3. The violation occurred under mental provocation caused by another's unlawful act.
4. The violation was committed under duress or material or mental dependence.
5. The violator is a pregnant woman, elderly person, or a person with illness or disability that limits their ability to understand or control their actions.
6. The violation was committed due to extraordinary hardship not caused by the violator.
7. The violation was committed due to backwardness in knowledge.
Article 6. Aggravating Circumstances
1. The violation was committed in an organized manner.
2. The violation was committed repeatedly or recidivistically in the field of social insurance.
3. Inciting, enticing minors to commit violations, or forcing those dependent on them materially or mentally to commit violations.
4. The violation was committed while intoxicated from alcohol, beer, or other stimulants.
5. Exploiting official position, authority, or taking advantage of workers' difficult circumstances to commit violations.
6. Exploiting war conditions, natural disasters, or other special difficulties of society to commit violations.
7. Committing the violation during the execution of a criminal sentence or an administrative violation handling decision.
8. Continuing the administrative violation despite a competent authority's request to stop it.
9. After committing the violation, the violator has engaged in evading or concealing the administrative violation.
Article 7. Forms of Punishment
1. For each administrative violation concerning social insurance laws, the violating entity, organization, or individual must bear one of the following main forms of punishment:
a) Warning;
b) Fine.
2. Depending on the nature and severity of the violation, the administrative violators in the social insurance sector may also be subject to one or more supplementary forms of punishment as follows:
a) Revoking the right to use the business operation license for a limited or unlimited period as prescribed by law;
b) Confiscation of objects and means used to commit administrative violations.
3. Administrative violators shall be subject to one or more remedial measures to restore the initial state altered by the administrative violation as follows:
a) Compelling the payment of the social insurance amount into the social insurance fund within five working days from the date of the penalty decision for individuals who have violated social insurance contributions as stipulated in Article 134 of the Social Insurance Law;
b) Compelling the payment of interest on the unpaid or delayed social insurance amount at the investment return rate of the social insurance fund for the year for employers who have failed to pay or delayed payment of social insurance for thirty days or more;
c) Compelling the employer to refund the social insurance amount to the employee within five working days from the date of the penalty decision;
d) Compelling correction and resubmission of incorrect documents.
4. In addition, administrative violators may also be subject to other remedial measures as prescribed in this Decree.
Article 8. Statute of Limitations for Administrative Violations
1. The statute of limitations for imposing administrative penalties on violations of social insurance laws as stipulated in this Decree is twelve months from the date of the administrative violation; if the period exceeds the aforementioned time limit, no penalty shall be imposed but measures to remedy consequences as prescribed in Clause 3 and Clause 4 of Article 7 of this Decree shall still apply.
2. Within the period specified in Clause 1 of this Article, if an agency, organization, or individual commits a new administrative violation in the field of social insurance or intentionally evades or delays the imposition of penalties, the statute of limitations mentioned above shall not be applied; the statute of limitations for imposing administrative penalties shall be recalculated from the date of the new administrative violation or the date when the act of evasion or delay in imposing penalties ceases.
3. For individuals who are indicted, prosecuted, or have a decision to bring a case to trial under criminal procedure, if there is a decision to terminate the investigation or terminate the case, they shall be subject to administrative penalties if their actions indicate administrative violations; in such cases, the statute of limitations for imposing penalties is three months from the date of the decision to terminate the investigation or terminate the case.
Article 9. Period Considered as Not Having Been Subject to Administrative Penalties
An agency, organization, or individual who has been subject to administrative penalties under social insurance laws shall be considered as not having been subject to administrative penalties in the field of social insurance if, within twelve months from the date of completion of the execution of the penalty decision or from the date when the enforcement period of the penalty decision expires, they do not reoffend.
Chapter II
VIOLATIONS, FORMS OF PENALTIES AND AMOUNTS OF FINES
Section 1
FOR EMPLOYERS
Article 10. Failure to Insure All Employees Required to Participate in Compulsory Social Insurance
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 7,000,000 VND, when the violation involves from eleven to fifty employees;
b) Between 7,000,000 VND and less than 10,000,000 VND, when the violation involves from fifty-one to one hundred employees;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) Between 15,000,000 VND and 20,000,000 VND, when the violation involves five hundred and one employees or more.
3. Additional form of penalty: suspension of the right to use the business operation permit for a limited period for employers violating the provisions of point c, Clause 2 of this Article from the third occurrence onwards, or suspension of the right to use the business operation permit indefinitely for employers violating the provisions of point d, Clause 2 of this Article from the third occurrence onwards.
4. Measures to remedy consequences: applying the measures to remedy consequences prescribed in point a and point b, Clause 3 of Article 7 of this Decree to employers violating the provisions of Clause 1 and Clause 2 of this Article.
Article 11. Failure to Pay the Social Insurance Contribution Amount Specified in Wages to Employees Not Required to Participate in Compulsory Social Insurance
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) Between 5,000,000 VND and less than 7,000,000 VND, when the violation involves from fifty-one to one hundred employees;
c) Between 7,000,000 VND and less than 10,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) Between 10,000,000 VND and 15,000,000 VND, when the violation involves five hundred and one employees or more.
3. Additional form of penalty: suspension of the right to use the business operation permit for a limited period for employers violating the provisions of point c, Clause 2 of this Article from the third occurrence onwards, or suspension of the right to use the business operation permit indefinitely for employers violating the provisions of point d, Clause 2 of this Article from the third occurrence onwards.
4. Measures to remedy consequences: applying the measures to remedy consequences prescribed in point c, Clause 3 of Article 7 of this Decree to employers violating the provisions of Clause 1 and Clause 2 of this Article.
Article 12. Acts of failing to enroll a sufficient number of persons within the compulsory social insurance coverage scope
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) From VND 1,000,000 to under VND 3,000,000, when violating with from 11 to 50 workers;
b) From VND 3,000,000 to under VND 5,000,000, when violating with from 51 to 100 workers;
c) From VND 5,000,000 to under VND 10,000,000, when violating with from 101 to 500 workers;
d) Between 10,000,000 VND and 15,000,000 VND, when the violation involves five hundred and one employees or more.
3. Additional form of penalty: suspension of the right to use the business operation permit for a limited period for employers violating the provisions of point c, Clause 2 of this Article from the third occurrence onwards, or suspension of the right to use the business operation permit indefinitely for employers violating the provisions of point d, Clause 2 of this Article from the third occurrence onwards.
4. Measures to remedy consequences: applying the measures to remedy consequences prescribed in point a and point b, Clause 3 of Article 7 of this Decree to employers violating the provisions of Clause 1 and Clause 2 of this Article.
Article 13. Acts of failing to pay social insurance on time as prescribed
1. Warning or imposing a fine from VND 100,000 to under VND 700,000, when violating with from 01 to 10 workers.
2. Fine:
a) From VND 700,000 to under VND 2,000,000, when violating with from 11 to 50 workers;
b) From VND 2,000,000 to under VND 4,000,000, when violating with from 51 to 100 workers;
c) From VND 4,000,000 to under VND 7,000,000, when violating with from 101 to 500 workers;
d) From VND 7,000,000 to VND 12,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: applying measures to remedy consequences as stipulated at point a and point b, Clause 3, Article 7 of this Decree for employers violating the provisions of Clause 1 and Clause 2 of this Article.
Article 14. Acts of failing to pay social insurance at the prescribed rate
1. Warning or imposing a fine from VND 100,000 to under VND 500,000, when violating with from 01 to 10 workers.
2. Fine:
a) From VND 500,000 to under VND 1,000,000, when violating with from 11 to 50 workers;
b) From VND 1,000,000 to under VND 3,000,000, when violating with from 51 to 100 workers;
c) From VND 3,000,000 to under VND 5,000,000, when violating with from 101 to 500 workers;
d) From VND 5,000,000 to VND 10,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: applying measures to remedy consequences as stipulated at point a and point b, Clause 3, Article 7 of this Decree for employers violating the provisions of Clause 1 and Clause 2 of this Article.
Article 15. Acts of confirming and compiling lists inaccurately for workers to enjoy sickness, maternity, work injury, and occupational disease allowances
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences:
a) Compelling to compensate the wrongly paid amount to the social insurance organization;
b) Compelling to correct and resubmit the wrongly confirmed documents of the employer.
Article 16. Acts of confirming inaccurately the payment time and rate of social insurance for workers
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) From VND 1,000,000 to under VND 5,000,000, when violating with from 11 to 50 workers;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences:
a) Compelling to compensate the wrongly paid amount to the social insurance organization within five working days from the date of the penalty decision for those who violate the provisions of Clause 1 and Clause 2 of this Article;
b) Compelling to correct and resubmit the wrongly confirmed documents of the employer within five working days from the date of the penalty decision for those who violate the provisions of Clause 1 and Clause 2 of this Article.
Article 17. The act of not establishing a file or not processing procedures for employees to enjoy social insurance benefits within thirty days from the date of signing the labor contract, employment contract, or recruitment.
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine
a) From VND 1,000,000 to under VND 5,000,000, when violating with from 11 to 50 workers;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) Between 15,000,000 VND and 20,000,000 VND, when the violation involves five hundred and one employees or more.
3. Measures to remedy consequences: compel the establishment and completion of files and processing procedures for employees within five working days from the date of issuing the penalty decision against those who violate the provisions of Clause 1 and Clause 2 of this Article.
Article 18. The act of not paying social insurance allowances to employees.
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) From VND 1,000,000 to under VND 5,000,000, when violating with from 11 to 50 workers;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: compel the payment of social insurance allowances to employees within five working days from the date of issuing the penalty decision against those who violate the provisions of Clause 1 and Clause 2 of this Article.
Article 19. The act of delaying payment to beneficiaries of social insurance benefits after thirty days from the date of receiving the payment decision from the social insurance agency (sick leave, maternity, work injury, occupational disease benefits).
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) From VND 1,000,000 to under VND 5,000,000, when violating with from 11 to 50 workers;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) Between 15,000,000 VND and 20,000,000 VND, when the violation involves five hundred and one employees or more.
3. Measures to remedy consequences: compel the payment of social insurance money to employees within five working days from the date of issuing the penalty decision against those who violate the provisions of Clause 1 and Clause 2 of this Article.
Article 20. The act of not submitting files for the social insurance organization to issue social insurance books for employees.
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: compel the submission of files for issuing social insurance books for employees within fifteen working days from the date of issuing the penalty decision against those who violate the provisions of Clause 1 and Clause 2 of this Article.
Article 21. The act of not returning social insurance books to employees on time when they no longer work.
1. Warning or imposing a fine of VND 100,000 to less than VND 1,000,000, when violating with one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: compel the return of social insurance books to employees within five working days from the date of issuing the penalty decision against those who violate the provisions of Clause 1 and Clause 2 of this Article.
Article 22. The act of failing to fulfill the responsibility of preserving social insurance books during the period of employment leading to loss, damage, repair, or erasure.
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: compel the submission of procedures to request the competent authority to reissue damaged social insurance books for employees within five working days from the date of issuing the penalty decision against those who violate the provisions of Clause 1 and Clause 2 of this Article.
Article 23. The act of not referring employees for medical assessment or reassessment of their reduced capacity for work at the Medical Assessment Board to resolve social insurance benefits for employees.
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: compel the referral of employees for medical assessment of their reduced capacity for work at the Medical Assessment Board within five working days from the date of issuing the penalty decision against those who violate the provisions of Clause 1 and Clause 2 of this Article.
Article 24. The act of not providing documents or information about social insurance as required by the competent state agency.
1. Warning or imposing a fine of VND 100,000 to VND 1,000,000.
2. Measures to remedy consequences: compel the provision of information within two working days from the date of issuing the penalty decision against those who violate the provisions of Clause 1 of this Article.
Article 25. Acts of reporting false information or providing misleading data about social insurance to competent state agencies and local social insurance organizations
1. Warning or imposing a fine of VND 100,000 to VND 1,000,000.
2. Measures to remedy consequences: compel the provision of true information within five working days from the date of the decision imposing the penalty on the person violating the provisions of Clause 1 of this Article.
Article 26. Acts of failing to provide documents or information regarding employees' social insurance contributions when requested by the employee or trade union organization
1. Warning or imposing a fine of VND 100,000 to VND 1,000,000.
2. Measures to remedy consequences: compel the provision of information within five working days from the date of the decision imposing the penalty on the person violating the provisions of Clause 1 of this Article.
Article 27. Acts of misusing the Social Insurance Fund for purposes other than intended
1. Fine:
a) From VND 1,000,000 to less than VND 5,000,000 for the first violation;
b) From VND 5,000,000 to VND 10,000,000 for subsequent violations.
2. Measures to remedy consequences: compel the full reimbursement of the misused Social Insurance Fund amount within five working days from the date of the decision imposing the penalty on the person violating the provisions of Clause 1 of this Article.
Section 2
FOR EMPLOYEES
Article 28. Acts of failing to pay, delaying payment of mandatory social insurance or agreeing with the employer not to pay mandatory social insurance
1. Warning or imposing a fine of VND 100,000 to VND 1,000,000.
2. Measures to remedy consequences: apply the remedial measures prescribed in point a, Clause 3, Article 7 of this Decree to the person violating the provisions of Clause 1 of this Article.
Article 29. Acts of falsely declaring or altering, erasing contents related to social insurance benefits in the file; failing to provide information or providing misleading information to employers, social insurance organizations, and state management agencies
1. Warning or imposing a fine of VND 100,000 to VND 1,000,000.
2. Measures to remedy consequences:
a) Compel the return of the social insurance money received due to the violation, including interest on the amount already received, within five working days from the date of the decision imposing the penalty on the person violating the provisions of Clause 1 of this Article;
b) Compel the correction and resubmission of the false declaration forms.
Article 30. Acts of forging documents to receive social insurance benefits without reaching the threshold for criminal prosecution
1. Warning or imposing a fine of VND 100,000 to VND 1,000,000.
2. Additional penalties: confiscation of forged documents and tools used to forge them.
3. Measures to remedy consequences: compel the return of the social insurance money received due to the violation, including interest on the amount already received, within five working days from the date of the decision imposing the penalty on the person violating the provisions of Clause 1 of this Article.
Section 3
FOR SOCIAL INSURANCE ORGANIZATIONS AND OTHER INSTITUTIONS
Article 31. Acts of failing to issue or close the social insurance book within the prescribed time limit for employees as required
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: compel the issuance and closure of the social insurance book and its issuance to the employee within fifteen working days from the date of the decision imposing the penalty on the person violating the provisions of Clause 1 and Clause 2 of this Article.
Article 32. Acts of failing to resolve social insurance benefits on time for workers participating in social insurance
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) From VND 5,000,000 to less than VND 10,000,000 when violating with from 51 to 100 workers.
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Measures to remedy consequences: compel resolution of social insurance benefits for workers within fifteen working days from the date of the decision imposing the penalty on the person who violates the provisions of Clause 1 and Clause 2 of this Article.
Article 33. Acts of resolving social insurance benefits incorrectly, paying amounts not in accordance with regulations to workers
1. Warning or imposing a fine of VND 100,000 to VND 1,000,000.
2. Measures to remedy consequences: compel correct resolution of social insurance benefits for workers within five working days from the date of the decision imposing the penalty on the person who violates the provisions of Clause 1 of this Article.
Article 34. Acts causing inconvenience, hindrance resulting in damage to the rights and legitimate interests of workers and employers
Warning or fine from VND 100,000 to VND 1,000,000.
Article 35. Acts of organizations managing and using the Social Insurance Fund in violation of regulations
1. Fine:
a) From VND 1,000,000 to less than VND 5,000,000 for the first violation;
b) From VND 5,000,000 to VND 10,000,000 when violating from the second time onwards.
2. Measures to remedy consequences: recommend competent authorities to confiscate profits obtained from misusing the fund; compel restoration and repayment of the improperly used amount of the Social Insurance Fund within five working days from the date of the decision imposing the penalty on the person who violates the provisions of Clause 1 of this Article.
Article 36. Acts of failing to provide full and timely information about contributions, entitlements to benefit schemes, procedures for implementing social insurance when requested by workers or trade unions; acts of harassment, creating difficulties, and causing inconvenience in resolving benefit schemes
1. Warning or fine from VND 1,000,000 to VND 5,000,000.
2. Measures to remedy consequences: compel provision of full information within five working days from the date of the decision imposing the penalty on the person who violates the provisions of Clause 1 of this Article.
Article 37. Acts of failing to report to competent state agencies on the management and use of the Social Insurance Fund
1. Warning or fine from VND 1,000,000 to VND 10,000,000.
2. Measures to remedy consequences: compel the provision of information within five working days from the date of the decision imposing the penalty on the person violating the provisions of Clause 1 of this Article.
Article 38. Acts of reporting false information, providing inaccurate data on contributions to the Social Insurance Fund
1. Warning or fine from VND 1,000,000 to VND 10,000,000.
2. Measures to remedy consequences: compel the provision of true information within five working days from the date of the decision imposing the penalty on the person violating the provisions of Clause 1 of this Article.
Article 39. Acts of failing to issue certificates or issuing incorrect certificates by healthcare facilities, Medical Examination Boards for workers to enjoy social insurance benefits
1. Warning or a fine of between 100,000 VND and less than 1,000,000 VND, when the violation involves from one to ten employees.
2. Fine:
a) Between 1,000,000 VND and less than 5,000,000 VND, when the violation involves from eleven to fifty employees;
b) From VND 5,000,000 to under VND 10,000,000, when violating with from 51 to 100 workers;
c) Between 10,000,000 VND and less than 15,000,000 VND, when the violation involves from one hundred and one to five hundred employees;
d) From VND 15,000,000 to VND 20,000,000, when violating with from 501 workers and above.
3. Additional form of punishment: suspension of the right to use operating licenses for a period or indefinitely according to the law when violating the provisions of Points b, c, and d Clause 2 of this Article from the second time onwards.
4. Measures to remedy consequences: compel correction and return of incorrect certificates.
Chapter III
AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES
Article 40. Authority to impose administrative penalties in the field of social insurance of Chairpersons of People's Committees at all levels
1. The Chairperson of the People's Committee of districts, towns, cities under provinces has the authority:
a) To warn or impose a fine up to VND 20,000,000;
b) To apply additional forms of punishment prescribed in Clause 2 of Article 7 of this Decree;
c) To apply measures to remedy consequences prescribed in Clause 3 of Article 7 of this Decree.
2. The Chairperson of the People's Committee of provinces, centrally-run cities has the authority:
a) To warn or impose a fine up to VND 20,000,000;
b) To apply additional forms of punishment prescribed in Clause 2 of Article 7 of this Decree;
c) To apply measures to remedy consequences prescribed in Clause 3 and Clause 4 of Article 7 of this Decree.
Article 41. Competence to impose administrative penalties for violations in the field of social insurance by State Labor Inspectorate
1. Labor inspectors when performing their duties have the right:
a) To issue a warning or impose a fine up to 200,000 VND;
b) To confiscate objects, means used for administrative violations with a value up to 2,000,000 VND;
c) To apply measures to remedy consequences prescribed in Clause 3 of Article 7 of this Decree.
2. The Chief Inspector of the Department of Labor has the right:
a) To warn or impose a fine up to VND 20,000,000;
b) To apply additional forms of administrative penalty as prescribed in Clause 2, Article 7 of this Decree;
c) To apply measures to remedy consequences prescribed in Clause 3 of Article 7 of this Decree.
3. The Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs has the right:
a) To warn or impose a fine up to VND 20,000,000;
b) To apply additional forms of administrative penalty as prescribed in Clause 2, Article 7 of this Decree;
c) To apply measures to remedy consequences prescribed in Clause 3 of Article 7 of this Decree.
Article 42. Principles for determining competence to impose administrative penalties for social insurance violations
1. In cases where an administrative violation concerning social insurance falls within the jurisdiction of several persons, the person who first takes charge shall impose the penalty according to the provisions of this Decree.
2. In cases where a person commits multiple administrative violations, the competence to impose penalties shall be determined according to the following principles:
a) If the form and level of penalty prescribed for each violation all fall within the jurisdiction of the person imposing the penalty, such competence remains with that person;
b) If the form and level of penalty prescribed for one of the violations exceed the jurisdiction of the person imposing the penalty, that person must transfer the case file to the competent authority with jurisdiction to impose the penalty;
c) If the violations fall within the jurisdiction of several persons from different agencies, the competence to impose penalties belongs to the Chairman of the People's Committee at the level with jurisdiction to impose penalties where the violation occurred.
Article 43. Delegation to impose administrative penalties
In cases where those authorized to impose administrative penalties as stipulated in Articles 40 and 41 of this Decree are absent, the deputy authorized to impose administrative penalties and must bear responsibility for their decisions.
Article 44. Procedures for imposing administrative penalties and enforcing penalty decisions
The procedures for imposing administrative penalties on violations of laws concerning social insurance and the enforcement of penalty decisions shall be carried out according to the provisions of Articles 54 to 68 of Chapter VI of the Administrative Violations Handling Ordinance dated July 2, 2002 of the Standing Committee of the National Assembly.
Article 45. Ensuring the fulfillment of obligations by employers
1. Within a maximum period of thirty days from the date of the decision, the person authorized to impose penalties may take administrative measures as prescribed by law to compel employers to fully fulfill their financial obligations according to the administrative penalty decision for social insurance violations as stipulated in this Decree. After this period, if the employer does not fulfill their obligation, the aforementioned authorized person requests banks, other credit organizations, State Treasury, where the employer has an account, to deduct from the employer's deposit account the unpaid or overdue amount and interest thereon to pay to workers, social insurance organizations, or related agencies and organizations.
2. The Ministry of Labor, War Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Finance, the State Bank of Vietnam, and relevant agencies and organizations to guide the implementation of Clause 3, Article 138 of the Social Insurance Law.
Chapter IV
REWARD, VIOLATION HANDLING, COMPLAINTS, REPORTING AND COMPLAINT RESOLUTION, REPORTING RESOLUTION
Article 46. Complaints and reports regarding administrative penalty decisions and the resolution of complaints and reports
1. Organizations, individuals subject to administrative penalties or their legitimate representatives have the right to file complaints about administrative penalty decisions and decisions on the application of measures to ensure the enforcement of administrative penalties.
2. Citizens have the right to report to state agencies with jurisdiction about acts contrary to the law when imposing administrative penalties for violations of social insurance laws.
3. The authority, procedures, steps, and deadlines for complaints and reports and the resolution of complaints and reports shall be carried out in accordance with the provisions of the law on complaints and reports.
Article 47. Awards
Organizations, individuals who have achievements in combating administrative violations of social insurance laws shall be awarded according to the general provisions of the law on commendation and awards.
Article 48. Handling Violations
1. An authorized person who imposes administrative penalties for violations of social insurance laws, if engaging in harassment, tolerance, shielding, failure to impose penalties, delayed imposition of penalties, improper imposition of penalties, or exceeding the prescribed authority, will be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if causing damage, they must compensate according to the law.
2. Individuals subject to administrative penalties for violations of social insurance laws who obstruct, resist law enforcement officers, delay, evade enforcement of penalty decisions, or commit other violations shall be subject to administrative handling or criminal responsibility depending on the nature and severity of the violation; if causing damage, they must compensate according to the law.
Chapter V
IMPLEMENTING PROVISIONS
Article 49. Effective Date
1. This Decree takes effect fifteen days from the date of publication in the Official Gazette.
2. Abolish Article 18 of Decree No. 113/2004/NĐ-CP dated April 16, 2004 of the Government on administrative penalties for violations of labor laws.
Article 50. Responsibilities for Guidance and Implementation
1. The Minister of Labor, Invalids and Social Affairs within the scope of his functions, duties, and powers has the responsibility to guide, organize, and supervise the implementation of this Decree.
2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree./.
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44/2002/PL-UBTVQH10
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Nghị quyết số 71/2006/QH11 Phê chuẩn Nghị định thư gia nhập Hiệp định thành lập Tổ chức thương mại thế giới (WTO) của nước Cộng hoà xã hội chủ nghĩa Việt Nam
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03/2008/TTLT-BLĐTBXH-BTC-NHNN
Thông tư liên tịch số 03/2008/TTLT-BLĐTBXH-BTC-NHNN Hướng dẫn thủ tục buộc trích tiền từ tài khoản tiền gửi của người sử dụng lao động để nộp tiền bảo hiểm xã hội chưa đóng, chậm đóng và tiền lãi phát sinh
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135/2007/NĐ-CP
Decree No. 135/2007/ND-CP on administrative sanctions for violations in the field of social insurance
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