For retirement fraud over 10 million VND, Social Insurance can prepare a file to file a petition to prosecute
According to the instructions of the Ministry of Public Security, the dossier to propose prosecuting the crime of social insurance fraud includes the dossier to pay pension benefits... from 10 million VND or more.
Document No. 5659/BCAA-CSKT issued by the Ministry of Public Security, sent to the Ministry of Finance and relevant agencies, for the first time fully systematizes the coordination process between social insurance agencies and investigation agencies in handling crimes related to social insurance, health insurance, and unemployment insurance according to Articles 214, 215 and 216 of the Penal Code.
According to the guidance of the Ministry of Public Security, the dossier to propose prosecution for social insurance and unemployment insurance fraud as prescribed in Article 214 of the Penal Code includes:
Document recommending prosecution of the case by the social insurance agency.
Documents for resolving and paying regimes such as sickness, maternity, occupational accidents, occupational diseases, pensions, deaths, unemployment benefits, job counseling and referral support, vocational training support, training support, fostering to improve vocational skills to maintain employment for workers and other regimes according to the provisions of law on social insurance and unemployment insurance. These documents must show fraudulent acts of appropriating social insurance and unemployment insurance money of VND10 million or more or causing damage of VND20 million or more.
Documents, papers, and evidence proving fraudulent or damaging acts, including documents and papers with distorted content; documents and papers that are fake or unreal; documents not issued by competent authorities or issued in violation of regulations or authority. These documents are used to settle and pay social insurance and unemployment insurance regimes such as discharge papers, leave certificates for social insurance benefits, birth certificates, birth certificates, death certificates, death certificates, labor capacity assessment records, and documents proving the working process to receive social insurance.
The petition and documents of individuals and organizations reflecting, recommending, complaining, denouncing, providing information on social insurance and unemployment insurance fraud have been inspected and verified by competent authorities according to regulations.
Minutes, inspection and verification conclusions along with other relevant documents and evidence (if any).
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