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

The Ministry of Justice has published the dossier for appraisal of the draft Penal Code (amended) drafted by the Ministry of Public Security, expected to be submitted to the National Assembly for consideration, comments, and approval according to the shortened order and procedures at the 10th Session of the 15th 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.

For the act of creating fake or distorting the content of social insurance or unemployment insurance records to deceive the social insurance agency or using fake or distorted records to deceive the social insurance agency to enjoy social insurance regimes, unemployment insurance to appropriate social insurance and unemployment insurance money from 20 million VND to 200 million VND; Or causing damage from 40 million VND to 400 million VND not falling under the provisions of one of the provisions of Articles 174, 353 and 355 of this Code, shall be subject to a fine of 40 million VND to 200 million VND (current regulations stipulate a fine of 20-100 million VND), non-custodial reform for up to 2 years or imprisonment from 3 months to 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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