Evading social insurance payment will be handled according to the Penal Code.
From July 1, acts of using people under 16 years old for pornographic purposes, obstructing citizens' access to information or protests, and illegal household registration... will be handled according to the 2015 Penal Code.
According to Point c, Article 1 of Resolution 109/20015/QH13 dated November 27, 2015 of the National Assembly regulating the implementation of the 2015 Penal Code, 34 new crimes are added to this code.
Article 147: Crime of using persons under 16 years old for pornographic purposes
Child pornography is manifested in the following signs: enticing, seducing, forcing people under 16 years old to perform pornographic acts or directly witnessing pornographic acts in any form.
The criminal must be 18 years of age or older, with a sentence of 6 months to 3 years.
The offender will be subject to an extended penalty of up to 12 years if there are additional aggravating circumstances: committing the crime against two or more people, for commercial purposes, dangerous recidivism... Additional penalties include a ban on holding positions, practicing a profession or doing certain jobs from 1 to 5 years.
Article 154: Crime of buying, selling, appropriating human tissues or body parts
The act of buying, selling or appropriating another person's tissue or body parts will be punished by 3-7 years in prison.
If the offender falls into one of the following cases, the penalty can be increased to 15 years in prison: organized, for commercial purposes, taking advantage of position, power, profession, against 2-5 people, committing the crime two or more times...
The highest penalty is life imprisonment if the crime is professional, committed against 6 or more people, causes death, or is a dangerous recidivist...
Article 167: Crime of infringing upon citizens' rights to freedom of speech, freedom of the press, access to information, and right to protest
A person who uses force, threatens to use force or other means to prevent citizens from exercising their rights to freedom of speech, freedom of the press, access to information, or the right to protest, has been disciplined or administratively sanctioned for one of these acts but continues to violate, shall be subject to reform without detention for up to two years or imprisonment from three months to two years.
The maximum penalty for this crime is 5 years when the following factors are met: committing a crimeorganized; taking advantage of position and power to negatively affect security, order and social safety.
Additional penalty is ban from holding office for up to 5 years.
Article 297: Crime of forced labor
The offender can be sentenced to up to 3 years in prison and fined 50-200 million VND if he uses force, threatens to use force or other means to force others to work.
The penalty for crimes is extended from 3 to 12 years in prison if there are many aggravating circumstances such as: organized crime, with two or more people, with children, pregnant women, the elderly, disabled, causing death...
Offenders may be fined 30-100 million VND, banned from holding positions, practicing a profession or doing certain jobs for 1-5 years.
Article 215: Crime of health insurance fraud
Acts of appropriating health insurance money of 10-100 million VND or causing damage of 20-200 million VND that do not fall under the cases of: fraud, embezzlement, abuse of power and position to appropriate property as prescribed in this law are signs of the crime of health insurance fraud.
Offenders are subject to a fine of VND20-100 million, non-custodial reform for up to two years, or imprisonment from three months to two years when there is sufficient evidence to accuse them of committing the following specific acts:
Firstly, the offender creates medical records, prescribes false drugs or prescribes increased quantities or additional types of drugs, medical supplies, technical services, hospital bed costs and other costs that the patient does not actually use.
Second, people who forge documents, health insurance cards or use fake health insurance cards, fake health insurance cards, revoked cards, altered cards, or other people's health insurance cards to receive health insurance benefits in violation of regulations.
Offenders can also be sentenced to 1-10 years in prison if they commit organized and professional acts, causing damage of 200-500 million VND or over 500 million, using sophisticated and cunning tricks...
Additional penalties for criminals include a fine of 10-100 million VND, a ban on holding positions, practicing a profession or doing certain jobs for 1-5 years.
Article 216: Crime of evading payment of social insurance, health insurance, and unemployment insurance for employees
This law applies to anyone who is obliged to pay social insurance, health insurance, and unemployment insurance for employees. If these people commit fraud or other tricks to not pay or not pay in full as prescribed for six months or more, they will be subject to criminal prosecution.
Specifically, if a suspect evades paying insurance for 10 to less than 50 workers with an amount of 50-300 million VND, has been administratively sanctioned for the above act but still violates, he will be fined 50-200 million VND, sentenced to non-custodial reform for up to one year or imprisoned from three months to one year.
The penalty for this crime is extended from 6 months to 7 years in prison when there are aggravating circumstances such as: committing the crime two times or more, the amount of insurance payment evaded is from 300 million to one billion VND or more, evading insurance payment for 200 people or more...
Offenders may also be fined 20-100 million VND, banned from holding positions, practicing a profession or doing certain jobs for 1-5 years.
For commercial legal entities committing this crime, they can be fined up to 3 billion VND.
Article 187: Crime of organizing surrogacy for commercial purposes
After the law allowed surrogacy, the 2015 Penal Code had provisions to prevent and handle those who took advantage of this activity for personal gain.
Accordingly, anyone who organizes surrogacy for commercial purposes will be fined from 50 to 200 million VND, sentenced to non-custodial reform for up to 2 years, or imprisoned from 3 months to 2 years.
Those who commit crimes against two or more people, two or more times, are dangerous recidivists, or take advantage of the name of an agency or organization to commit crimes will face a prison sentence of 1-5 years.
Additional penalties for offenders include a fine of 10-50 million VND, a ban on holding positions, practicing a profession or doing certain jobs for up to 5 years.
Article 336: Crime of illegal household registration
A person with the duty and authority to perform the registration and issuance of civil status documents who performs illegal work and has been disciplined for this act but still violates it will be subject to a warning or non-custodial reform for up to 3 years.
The maximum penalty is 2 years in prison if the offender commits an act ofIllegal registration and issuance of household registration papers for two or more people.
According to VNE