(PLO)- The Ho Chi Minh City Social Insurance Agency has implemented many solutions to limit enterprises’ debt to pay and avoid paying social insurance premiums for employees.
Recently, the Vietnam General Confederation of Labor has reported to the National Assembly for a specific solution to the situation of 200,000 employees who are victims of late payment, evasion of social insurance contributions, and lack of benefits. benefits, including pensions.
In Ho Chi Minh City, on the website of the Ho Chi Minh City Social Security Administration, as of mid-January-2023, there are 979 enterprises (enterprises) that owe social insurance in the amount of 300 million VND or more.
Employees must pay social insurance and health insurance by themselves
One of the victims of social insurance evasion, Ms. Le Thi Trang (in Phuoc Long A ward, Thu Duc city, HCMC) said that she used to work as a garment worker for a company in Ho Chi Minh City. At that time, the company paid full social insurance, health insurance (HI) and unemployment insurance (UI) for her. During the period of more than 10 years working at this company, she enjoys insurance benefits.
By the beginning of 2020, due to the company’s difficulties, she had to cut workers, and she suffered unemployment.
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People come to carry out procedures related to social insurance and health insurance at the social insurance agency of Ho Chi Minh City. Photo: NGUYEN HIEN |
Having stayed at home for more than a year, Ms. Trang applied to work as a worker for another company. However, this company does not pay social insurance, health insurance, unemployment insurance for her, if you want to pay, you have to spend money to ask the company to pay social insurance for you. However, the company only closed for a few months and then announced to stop, not to close anymore.
“I personally want to participate in social insurance, health insurance, unemployment insurance so that if I get sick, the insurance pays for my hospital fees. Moreover, if you don’t pay social insurance, if you lose your job later, you won’t receive unemployment benefits, you will suffer from all kinds of disadvantages, “- Ms. Trang shared.
Similarly, Mr. Nguyen Van Hung, a security guard in Tan Binh district, Ho Chi Minh City, said that his company previously paid social insurance and health insurance for him. But since two years now, the company has stopped closing even though he is still working normally.
“Many times I have asked the company staff why they stopped paying my insurance, and I was told that this is the direction of the company. At the same time, this person said that if I do not agree to the terms of the company, I can choose another company to work. Because I need a job, I accept to spend money to buy health insurance according to the household to go for medical examination and treatment, “- Mr. Hung added.
Two solutions to prevent businesses from debt and avoid paying social insurance contributions
Discussing with PV regarding solutions to recover late amounts, debts to pay social insurance and health insurance premiums to protect the interests of employees, a representative of Ho Chi Minh City Social Insurance Agency said there are two main solutions. Firstly, the social insurance agency will monitor and supervise regularly and meet businesses. Second, coordinate with departments and branches to take measures to handle units that evade payment or delay paying insurance premiums for employees.
Specifically, the social insurance agency assigns and assigns plans to each officer to collect and collect debts, and periodically supervise them on a weekly, monthly, quarterly and yearly basis to evaluate the implementation results.
Periodically on the 25th and 5th of each month, the social insurance officer will send a notice to the enterprise via email, Zalo, etc. to monitor the payment status of the enterprise until the last day of the month. If the enterprise has not paid the money, it will call the unit to request the payment to the social insurance agency.
At the same time, in cases where enterprises have not yet recovered their debts, the Social Security Administration of Ho Chi Minh City will actively send job invitations to units with three months of debt or more and the debt amount of 50 million VND or more. Specifically, urging reminders, making minutes, requesting deductions for payment of social insurance, health insurance and unemployment insurance premiums according to regulations.
In addition, the social insurance agency will post the names of businesses that owe social insurance, health insurance and unemployment insurance for six months and have a debt of 300 million VND or more on the website of the HCM City Social Security Administration.
At the same time, the social insurance agency also organizes specialized inspection of unexpected payment of social insurance, health insurance and unemployment insurance premiums for enterprises that do not pay social insurance, health insurance and unemployment insurance premiums for employees, resolutely handling administrative violations according to regulations.
The social insurance agency also makes a dossier to propose to prosecute enterprises committing crimes of evading payment of social insurance, health insurance and unemployment insurance premiums for employees according to the provisions of Article 216 of the Penal Code.
Also according to a representative of the HCM City Social Insurance Agency, for the work of coordinating with other departments, agencies, social insurance agencies in coordination with the People’s Committees of districts and districts to direct the People’s Committees of wards and communes to assist the social insurance agency in verifying the status. activities of enterprises to reduce the amount of “virtual debt” due to the unit’s shutdown but not notified to the social insurance agency; coordinate with the Inspector of the Department of Labor, War Invalids and Social Affairs to inspect the units showing signs of violations of the law on social insurance and health insurance.
Quarterly, the social insurance agency cooperates with the City Labor Federation to provide a list of enterprises that owe three months or more to promptly grasp the compliance with legal policies on social insurance of enterprises…
Penalties when businesses owe or evade payment of social insurance
Regarding the level of sanction for administrative violations, Clause 5, Article 39 of Decree 12/2022 stipulates a fine of 12%-15% of the total amount to be paid for compulsory social insurance and unemployment insurance at the time of making the administrative violation record. The maximum fine amount is not more than 75 million VND, for the employer who is slow to pay compulsory social insurance and unemployment insurance; paying social insurance, unemployment insurance not according to the prescribed level, it is not the evasion of payment…
At Point a, Clause 7, Article 39 of Decree 12/2022, a fine of VND 50-75 million is imposed on employers who evade payment of compulsory social insurance and unemployment insurance but have not reached the level of criminal prosecution….
Regarding the level of criminal penalties, Article 216 of the Penal Code stipulates the handling of the crime of evading payment of social insurance, health insurance and unemployment insurance premiums for employees.
Specifically, those who are obliged to pay social insurance, health insurance and unemployment insurance premiums for employees but cheat or use other tricks to fail to pay or not fully pay as prescribed for six months or more, depending on the seriousness of the violation, will be fined. 1-7 years in prison.
Lawyer TRINH NGOC HOAN VO, Ho Chi Minh City Bar Association
NGUYEN HIEN
