Speaking at the event, Nguyen Tri Tue, Deputy Chief Justice of the Supreme People’s Court said the 2015 Criminal Code had added three charges involving social insurance, health insurance and employment insurance regulated into articles 214, 215 and 216. This has created a legal basis for handling violations, as well as preventing and fighting crimes in the field of social and health insurance. However, regulations under the 2015 Criminal Code need guidance to ensure the common implementation among law enforcement agencies.

The Supreme People’s Court collaborated with related ministries and public agencies to develop the resolution. After many workshops and consultation seminars, on August 15, 2018, the court issued the Resolution No 05/2019/NQ-HĐTP on the application of Article 214 on social insurance and unemployment insurance fraud, Article 215 on health insurance fraud and Article 216 on evading payment of social insurance, health insurance, unemployment insurance for workers under the Criminal Code. The Resolution will come into effect from September 1, 2019.

The Resolution includes eight articles, explaining some terms in articles 214, 215, 216 of the 2015 Criminal Code such as forging or falsifying documents; forging medical records or prescriptions; falsely increasing the quantity or types of medicines, medical equipment, services, treatment costs and other costs that are not incurred by the patient; forging documents, health insurance cards, or using fake, revoked, falsified health insurance cards, health insurance cards of other people; and evading payment of social insurance, health insurance, unemployment insurance for workers.

The Resolution also instructs some circumstances to set a penalty, start criminal prosecution in some specific cases and handle acts of evading social insurance, health insurance and unemployment insurance for workers before 12am on January 1, 2018 as well as determine the legal status of the social insurance agency.

According to experts, it is essential to issue the Resolution to ensure the uniform application of the law in handling crimes regulated in articles 214, 215 and 216 under the Criminal Code for better prevention and fight against violations in the fields of social insurance, health insurance and unemployment insurance, while at the same time protecting the rights and benefits of workers and social insurance agencies, especially when there are a lot of employers evading payment of social insurance, health insurance and unemployment insurance for workers./.