Proposal to take strong action against acts of late payment and evasion of social insurance payment

In recent times, implementing legal regulations, relevant agencies have made many efforts and implemented many solutions to limit the situation of late payment and evasion of social insurance (SI) and unemployment insurance (UI).

However, the situation of late payment and evasion of social insurance and unemployment insurance payments still occurs in many enterprises, occurring for a long time, leading to a situation where social insurance agencies have difficulty in being able to recover, affecting the settlement of social insurance regimes for employees.

Therefore, it is necessary to soon have detailed regulations on the responsibility to detect and urge the implementation of the responsibility to pay compulsory social insurance and unemployment insurance of social insurance agencies, on cases considered as late payment, evasion of compulsory social insurance and unemployment insurance; on measures to handle acts of late payment, evasion of compulsory social insurance and unemployment insurance.

Regarding this issue, the Ministry of Home Affairs is drafting a Decree detailing a number of articles of the Law on Social Insurance on late payment, evasion of compulsory social insurance payment, unemployment insurance; complaints and denunciations about social insurance and administrative sanctions in the field of social insurance.

Cases considered evasion of compulsory social insurance and unemployment insurance

According to the draft, cases considered as evasion of compulsory social insurance and unemployment insurance payment as prescribed in Point g, Article 39 of the Law on Social Insurance are proposed to be regulated as follows:

Not registering compulsory social insurance and unemployment insurance contributions for salaries is left outside the accounting books.

Employers use fake documents, papers, and information to temporarily suspend compulsory social insurance payments.

Cases not considered evasion of compulsory social insurance and unemployment insurance

Cases not considered evasion of compulsory social insurance and unemployment insurance payment in Clause 4, Article 38, Clause 2, Article 39 of the Law on Social Insurance are proposed to be regulated as follows:

Employers who register to participate in compulsory social insurance and unemployment insurance do not have to pay on time due to encountering unpredictable objective incidents and cannot be remedied even though all necessary measures and permitted capabilities have been applied.

Employers who do not pay or do not fully pay the registered amount of compulsory social insurance and unemployment insurance due to encountering unpredictable objective incidents and cannot be remedied despite applying all necessary measures and permitted capabilities.

Measures to handle acts of late payment, evasion of compulsory social insurance and unemployment insurance payment

According to the draft, when detecting acts of late payment or evasion of compulsory social insurance payment, the unemployment insurance of competent agencies, organizations and individuals shall simultaneously apply the following handling measures:

Forcing employers to pay the full amount of late payment and evasion; pay an amount equal to 0.03%/day calculated on the amount of late payment and evasion of social insurance, unemployment insurance and the number of days of late payment and evasion of payment to the social insurance fund and unemployment insurance fund.

Sanction administrative violations or prosecute criminal liability according to the provisions of law.

Do not consider awarding emulation titles or forms of commendation.

Read the original here