Why is the act of evasion of social insurance payment not punished?

At the meeting with press agencies to announce the operational situation on January 15, Mr. Lo Quan Hiep - Director of Ho Chi Minh City Social Insurance - said that in 2025, the total revenue from social insurance, health insurance, and unemployment insurance will be 147,381.2 billion VND, reaching 102.86% of the plan. The rate of late payment is 3.77% compared to the assigned collection plan (except for the number of difficulties in collection due to business dissolution, bankruptcy, owner fleeing, missing...).

In 2025, the City Social Insurance sector has actively inspected and conducted surprise inspections to promptly detect, prevent and handle organizations and individuals who violate the law on social insurance, health insurance, and unemployment insurance to protect the legitimate rights of employees.

As a result, in 2025, the entire Ho Chi Minh City Social Insurance sector inspected, inspected, and compared over 2,624 enterprises that were late in paying social insurance. Through inspection and examination, administrative violation records have been drawn up for 69 enterprises and units with a total fine of over 6.6 billion VND and 13 enterprises and units have complied with the decision to sanction administrative violations with a total fine of 1.2 billion VND.

Ho Chi Minh City Social Insurance has sent documents urging 17,458 enterprises and established 35 working groups with representatives of police agencies, tax authorities and relevant departments and branches to work directly with 2,034 enterprises that have not fully fulfilled their responsibility to pay social insurance, unemployment insurance, and health insurance according to regulations.

As a result, over 8,700 enterprises have recovered with a total amount of over VND519 billion. Of which, 5,801 enterprises have completely recovered late payment fees with a total amount of over 263 billion VND. 2,958 enterprises have partially recovered, with the amount paid 257 billion VND.

Explaining the reason for not being able to punish the act of evasion of social insurance payment, Mr. Lo Quan Hiep said that currently, the provisions of the law on social insurance and health insurance have stipulated groups of acts of late payment and evasion of social insurance, unemployment insurance and health insurance payment.

However, the acts of late payment and evasion of social insurance in the 2024 Law and the Law amending and supplementing a number of articles of the 2024 Law on Health Insurance are not synchronous in their behavior as well as the deadline for determining the act, so the application of Decree 12/2022/ND-CP "Regulations on administrative sanctions in the field of labor, social insurance, Vietnamese workers working abroad under contracts", Decree 117/2020/ND-CP "Regulations on administrative sanctions in the health sector" are no longer suitable for handling administrative violations, because these decrees are built on the basis of the 2014 Law on Social Insurance and the 2014 Law on Health Insurance amended and supplemented by the 2014 Law on Health Insurance.

Ho Chi Minh City Social Insurance has also issued a document requesting the competent authority to provide guidance on determining violations in the fields of social insurance, unemployment insurance, and health insurance and applying current legal regulations while waiting for the decree amending and supplementing administrative sanctions in the fields of social insurance, unemployment insurance and health insurance. At the same time, commented on regulations on administrative sanctions in the fields of labor, social insurance, health insurance, and unemployment insurance.

See the original here