On 15/08/2019, Council of Justices of Supreme Court issued Resolution No. 05/2019/NQ-HĐTP coming into effect from 01/09/2019.
According to the Resolution, social insurance evasion committed before 01 January, 2018 shall not be prosecuted. The evasion, indeed, shall be dealt with as follows:
If the evasion is not sanctioned administratively and time limit for this administrative sanction does not pass, the evasion shall be administratively sanctionted.
If the evasion was sanctionted administratively, authorities shall force the violator to enforce the sanction.
If the violator cause damage to its labour, labour agency or other entity (“the victim”), the victim may claim for non-contractual liability.
According to Article 216 of Criminal Code, monetary penalty for social insurance evasion crime of enterprises ranges from VND 200,000,000 to VND 3,000,000,000.
The Resolution contributes to anticipation of enterprises in commercial and penal risks in relation to social insurance evasion.