Propose that commune-level People's Committees be responsible for inspecting and sanctioning violations of social insurance

According to the draft Law amending and supplementing a number of articles of the Law on Social Insurance (BHXH), the Government proposes to amend regulations on the responsibilities of local authorities in organizing the implementation of social insurance policies.

Clause 31 Article 1 of the draft Law proposes to amend Article 138 of the 2024 Law on Social Insurance, stipulating the responsibilities of provincial-level People's Committees and commune-level People's Committees.

According to the draft, the commune-level People's Committee is responsible for directing and organizing the implementation of policies and laws on social insurance in the area.

At the same time, the commune-level People's Committee is responsible for developing targets for developing subjects participating in compulsory social insurance and voluntary social insurance in the annual socio-economic development plan, and submitting them to the People's Council of the same level for decision.

In case according to the provisions of law, a People's Council is not organized in the area, the commune-level People's Committee decides on targets for developing compulsory social insurance and voluntary social insurance participants in the annual socio-economic development plan.

Notably, the draft stipulates that commune-level People's Committees are responsible for inspecting, sanctioning administrative violations and resolving complaints and denunciations about social insurance.

Commune-level People's Committees shall carry out propaganda and dissemination of policies and laws on social insurance and propose competent state agencies to amend and supplement policies and laws on social insurance.

For provincial-level People's Committees, the draft stipulates the responsibility to direct and organize the implementation of social insurance policies, develop subjects participating in compulsory social insurance, voluntary social insurance and handle the situation of late payment and evasion of compulsory social insurance within the locality.

The provincial-level People's Committee is also responsible for developing targets for developing social insurance participants, submitting them to the People's Council of the same level for decision; conducting inspections, examinations, administrative sanctions and resolving complaints and denunciations about social insurance.

According to the Government's Submission, the amendment of the Law on Social Insurance aims to ensure compliance with the process of arranging the organizational structure and implementing the two-level local government model.

The amended contents are expected to take effect from March 1, 2027 if approved by the National Assembly.

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