

Social insurance compliance is an important part of managing employees in Vietnam. Businesses need to do more than calculate contributions and make payments. They also need to check employee registration, the salary used to calculate contributions, and whether payments are completed on time.
Vietnam’s Decree No. 283/2026/ND-CP, effective from September 10, 2026, sets out administrative penalties for violations in labor and social insurance. Article 44 specifically addresses acts classified as evasion of compulsory social insurance contributions.
For employers operating in Vietnam, this is a useful reason to review existing HR and payroll processes.
Employers should review whether all employees required to participate in compulsory social insurance have been registered correctly.
A practical review should include:
Under Article 44 of Decree 283/2026/ND-CP, failing to register, or registering fewer eligible employees than required, may be treated as evasion when the specified legal conditions and time limits are met. The rule includes a 60-day period after the applicable registration deadline.
What to check: Does your employee list match your social insurance registration records?
The salary recorded for social insurance purposes should follow the applicable legal requirements. It should not be set below the required basis.
Employers can review this area by checking:
Article 44 identifies registering a compulsory social insurance contribution salary below the level required under Article 31 of the Law on Social Insurance as an act of evasion.
The applicable salary basis depends on the relevant legal provisions and the employee’s circumstances. Employers should not assume that the amount paid as take-home salary is automatically the amount used to calculate social insurance contributions.
What to check: Can your team explain how the registered contribution salary was determined?
Accurate registration and calculations are only part of the process. Employers should also track whether the required contributions have been paid.
Useful internal checks include:
Article 44 addresses non-payment or underpayment of registered compulsory social insurance contributions in specific circumstances: the applicable deadline has passed by 60 days, the competent authority has urged payment in accordance with the law, and the conduct has not reached the threshold for criminal prosecution.
This means that not every late payment automatically falls into the same legal category. The applicable circumstances and statutory conditions matter.
What to check: Can your team identify unpaid or underpaid contributions and document the follow-up?
Article 44 sets out different administrative fines depending on the conduct involved.
| Conduct | Stated fine (individual employer) |
| Failure to register, or to fully register, eligible employees after the specified period | VND 6 million – VND 75 million, depending on the number of employees involved |
| Registering a contribution salary below the legally required level, or failing to pay registered contributions under the specified conditions | 18% to 20% of the total amount of social insurance contributions evaded, capped at VND 75 million |
These amounts are the stated fines for individual employers. Under the decree’s general rule, fines applicable to organizations are twice the corresponding individual-level amounts. The decree also provides for remedial measures, including payment of outstanding contributions and an additional amount calculated at 0.03% per day under the conditions specified in Article 44.
The applicable penalty depends on the facts and the relevant legal provisions. Businesses should review the official text before making decisions about a specific case.
Employers can use this checklist as a starting point:
Social insurance compliance in Vietnam depends on several connected processes: registering eligible employees, applying the correct contribution salary basis, and paying the required contributions.
Decree 283/2026/ND-CP makes it important for employers to understand how certain failures may be classified and penalized. Reviewing these three areas can help businesses identify gaps in their existing processes and determine what needs further attention.
Official reference
Decree No. 283/2026/ND-CP — Government of Vietnam legal portal (vanban.chinhphu.vn).
This article is for general educational purposes only and is not legal advice. The application of specific rules depends on the facts and applicable Vietnamese law. Employers should consult the official legal text or qualified local professionals for advice on individual circumstances.
📌 Reviewing social insurance compliance in Vietnam?
Registration, contribution salary bases and payment follow-up each carry their own deadlines and evidence requirements. Remoly’s global employment experts can help employers run these three checks and close the gaps between HR, payroll and finance.
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This article is provided for general informational purposes only and does not constitute legal advice.
Published: October 2026