Proposal to criminally handle enterprises evading social insurance contributions 1 year after issuing sanctioning decisions
Ho Chi Minh City Social Insurance proposed that after 1 year of issuing the penalty decision, if the enterprise has evasion, it will be transferred to functional agencies for criminal handling.
On October 22, the Ho Chi Minh City Labor Federation worked with Ho Chi Minh City Social Insurance (BHXH) on the management, collection - spending and handling of social insurance, health insurance (BHYT), and unemployment insurance (BHTN) debts.
According to Ho Chi Minh City Social Insurance, the fact that businesses are late in paying and owing social insurance not only directly affects the legitimate and lawful rights and interests of employees, but also causes difficulties for social insurance agencies in confirming the participation process, completing dossiers and resolving social insurance regimes according to regulations.
Mr. Nguyen Quoc Thanh - Deputy Director of the City Social Insurance - said that the City Social Insurance determines that the unit owing is resolved to ensure the rights of employees. The unit has proposed to functional agencies to propagate and handle enterprises owing social insurance, health insurance, and unemployment insurance. After 1 year of penalizing the act of evading payment, the City Social Insurance will transfer it to functional agencies for consideration and criminal handling.
The City Social Insurance proposes to study and evaluate the legal basis and feasibility of measures to improve the effectiveness of recovering late payment and evasion of social insurance, health insurance, and unemployment insurance; in which considering the application of temporary exit suspension measures for business owners under legal cases, ensuring the correct authority, conditions and current legal regulations.
Mr. Nguyen Quoc Thanh also proposed: "It is necessary to study the coordination mechanism between tax authorities and social insurance agencies in comparing social insurance, health insurance, and unemployment insurance contribution obligations and trade union funds of enterprises. At the same time, it is necessary to assess the legal basis and feasibility for handling expenses related to insurance contribution obligations that have not been implemented when finalizing corporate income tax, ensuring compliance with the provisions of law".
At the working session, Mr. Phung Thai Quang - Vice Chairman of the Ho Chi Minh City Labor Federation, Director of the City Trade Union Workers' Counseling and Support Center - said that in the past time, although the People's Procuracy sued many businesses owing social insurance, health insurance, and unemployment insurance for workers, the enforcement of judgments was very difficult. This shows that the current measures are not strong enough, not deterrent enough for businesses owing insurance. Therefore, the City Labor Federation will coordinate with Ho Chi Minh City Social Insurance and functional agencies to supervise, research, and propose measures to handle social insurance, health insurance, and unemployment insurance debts to protect the legitimate rights of workers.
The situation of insurance debt in Ho Chi Minh City is still at a very high level. As of September 30, the amount of late payment of social insurance, health insurance, and unemployment insurance is nearly 13,600 billion VND, accounting for more than 8.4% compared to the collection plan assigned by Vietnam Social Security.
In which, the amount still to be collected from the State budget is more than 531 billion VND; late payment for less than 1 month is more than 6,000 billion VND and late payment difficult to collect is 877.2 billion VND. The total number of units late payment recorded is 158,273 units (accounting for 62.47% of the total number of units under management) with a total amount of late payment of more than 10,700 billion VND.
In the first 9 months of 2026, the City Social Insurance has inspected 1,089 labor-using units. Through inspection, inspection teams have requested labor-using units to implement:
Recovering social insurance, unemployment insurance, and health insurance for 1,082 workers who have not registered to participate with the corresponding recovered amount of 6.1 billion VND, the unit has prepared dossiers to participate for 719 workers with a contribution amount of 2.3 billion VND. There are 158 workers who paid short-term contributions with a recovered amount of 5.3 billion VND, the unit has prepared dossiers for 127 workers with a contributed amount of 4.9 billion VND.
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