Risks when workers sell social insurance books

Despite strict sanctions, the situation of buying and selling social insurance books (BHXH) is still silently spreading on social networks.

In order to help workers clearly identify the nature of violations and the legal traps behind this transaction, Lawyer Nguyen Hong Tam (Hanoi Bar Association) analyzed in detail from an expert perspective.

- Lawyer, currently the situation of buying and selling social insurance books is still extremely complicated on social media platforms. What regulations does this act violate, and what are the specific sanctions for illegal buyers and sellers?

First of all, the act of buying and selling social insurance books is one of the prohibited acts according to the provisions of Article 9 of the 2024 Law on Social Insurance. In essence, this type of paper is not allowed to be bought and sold and cannot be legally traded.

However, in the current market, there are many tricks to circumvent the law, typically authorizing others to carry out procedures to withdraw books or withdraw money on their behalf. All of the above-mentioned buying and selling acts will be handled according to the provisions of Decree No. 283/2026/ND-CP.

Specifically, for each illegal transaction book, both buyers and sellers may be fined from 4 - 6 million VND, the maximum fine is no more than 75 million VND.
In particular, in cases of using fraudulent information or tricks to profit from the insurance fund, the parties involved can be completely prosecuted criminally under Article 214 of the Penal Code.

- So what is the real reason leading to the rampant situation of buying and selling social insurance books as it is now, lawyer?

The main reason stems from the limitations in awareness and legal understanding of a part of workers who are named on the books.
On the side of the social insurance agency, in essence, it is very difficult to control cases of authorizing others to carry out withdrawal procedures.The initial authorization mechanism was designed to create maximum convenience for workers when they are sick or old, helping them to authorize more knowledgeable people to carry out procedures quickly.

This is a gap that bad actors often take advantage of, not necessarily due to management agencies' laxity.

- Lawyer, specifically, what support and essential benefits will employees lose when they no longer keep the social insurance book for the future?

Social insurance is a humane and very correct social security policy, not only Vietnam but countries around the world are also implementing it very seriously. This system ensures stable life for workers when they reach retirement age, and also brings other great benefits.

The fact that workers sell books will first of all make the money collected much lower than the legal regulations, because buyers will definitely have to calculate to profit.

Moreover, they are cutting off their own "social security net". Without social insurance, they will face countless disadvantages and heavy losses when they get old, when they have no income, no assets, or encounter unexpected illness risks throughout the working process.

I take a simple example like this: When workers get sick, or when they reach retirement age without savings or income, social insurance policy is the monthly source of payment to help them maintain a minimum living standard.

These amounts of money are especially important for the elderly, those living alone or without accumulated assets. These are extremely practical social security policies of the State and insurance agencies to comprehensively protect workers. Therefore, each individual needs to proactively learn to protect their legitimate rights.

Yes, thank you for the sharing from the lawyer!

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