Resolution No. 05/2019/NQ-HDTP guiding some Articles of Penal Code

RESOLUTION

Guiding the application of the Penal Code’s Article 214 on the offense of committing frauds on social insurance and unemployment insurance, Article 215 on the offense of committing frauds on health insurance, and Article 216 on the offense of evading payment of social insurance, health insurance and unemployment insurance premiums for employees^[1]

THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE’S COURT

Pursuant to the November 24, 2014 Law on Organization of People’s Courts;

In order to properly and uniformly apply Articles 214, 215 and 216 of Penal Code No. 100/2015/QH13 which had a number of articles amended and supplemented under Law No. 12/2017/QH14; and Criminal Procedure Code No. 101/2015/QH13;

After consulting the Procurator General of the Supreme People’s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Scope of regulation

This Resolution guides the application of some provisions of the Penal Code’s Article 214 on the offense of committing frauds on social insurance and unemployment insurance, Article 215 on the offense of committing frauds on health insurance, and Article 216 on the offense of evading payment of social insurance, health insurance and unemployment insurance premiums for employees.

Article 2. On a number of terms referred to in the guidance on the application of the Penal Code’s Articles 214, 215 and 216

1. Forging dossiers prescribed at Point a, Clause 1, Article 214 of the Penal Code means the act of making social insurance or unemployment insurance dossiers containing forged papers or documents (for example: fictitious papers or documents; papers or documents not issued by competent agencies;  papers and documents issued in contravention of law, ultra vires, or later than the prescribed time limit, etc.) for enjoyment of the regimes of sickness, maternity, labor accidents, occupational diseases, retirement, survivorship or unemployment; employment counseling and placement; job training; and skill training and improvement for job retention; and other regimes in accordance with law.

2. Making fictitious medical records prescribed at Point a, Clause 1, Article 215 of the Penal Code means the case of making medical records for health insurance participants who do not receive medical examination and treatment or receive medical examination but do not require medical treatment.

3. Giving fictitious prescriptions prescribed at Point a, Clause 1, Article 215 of the Penal Code means the act of giving prescriptions to health insurance participants who do not receive medical examination and treatment or receive medical examination but do not use drugs.

4. Inflating the quantity of actually used drugs, medical consumables or technical services or the amount of actually arisen inpatient bed prescribed at Point a, Clause 1, Article 215 of the Penal Code means the act of declaring a quantity of drugs, medical consumables or technical services higher than the quantity actually used by patients, or declaring additional prescriptions, medical consumables or technical services not used by patients; inflating the days of impatient treatment at health establishments; or declaring drugs, medical consumables, types of inpatient bed and other technical services different from those actually used by patients with a view increasing medical examination and treatment costs covered by health insurance funds for health insurance participant who do take medical examination and treatment.

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