Many workers are concerned about whether businesses owe social insurance (SI) so workers do not have health insurance (HI), so where can workers proactively buy HI and where can they buy it? If the enterprise owes social insurance through many leadership periods, and now wants to pay insurance for employees at work, will the payment amount be applied to current employees or deducted from the company debt?
According to Ms. Duong Thi Minh Chau - Head of the Department of Propaganda and Support for Participants (Hanoi Social Insurance), according to the new regulations of the Social Insurance Law 2024, acts of evasion of social insurance payment are regulated more specifically, so after completing the necessary procedures, the insurance agency will have a basis to file a lawsuit against a number of violating units.
Previously, because the old Law did not clearly stipulate what constitutes "late payment" and "evasion of payment", although the insurance agency coordinated with the trade union to consider filing a lawsuit, it was not actually able to do so. Now, the Social Insurance Law 2024 and Decree 274 have clearly stipulated this issue, so litigation of units with outstanding debts will be more feasible. However, litigation against enterprises that are still operating will need to be carefully considered to avoid affecting employees.
Regarding health insurance cards, when enterprises owe social insurance and have not paid, employees are not granted health insurance cards. According to the Law on Health Insurance, employees participate in order of priority, first of all in groups with labor contracts paid by employers. Therefore, if the enterprise has not paid, the employee cannot buy the health insurance card himself, unless they temporarily postpone the labor contract.
However, the Law on Health Insurance also clearly stipulates the responsibility of employers: if they do not buy a card or do not pay health insurance to employees, they must pay the entire cost of medical examination and treatment that employees have paid, within 40 days from the date of the cost. Currently, along with the amended Law on Social Insurance and the amended Law on Health Insurance, there is also a amended Law on Employment.
Regarding the issue of social insurance payment debts, the current law does not have regulations on "deposit suspension" as in the tax sector. For employees who have quit but have not yet closed their insurance books, if the unit can pay additional contributions, the insurance agency will separate the contributions for that person.
If it cannot be separated, the insurance book will be closed until the unit has paid in full. When workers move to a new unit, the payment process will be connected, ensuring continuity. If the pension is later eligible for the pension regime, the insurance agency will still resolve the regime, and when the old unit submits additional documents, the pension level will be adjusted.
The new Social Insurance Law also clearly stipulates: after 60 days from the deadline for payment, if the enterprise does not pay, the act of "delaying payment" will be considered "payment evasion". At that time, the insurance agency can transfer the file to the investigation agency for handling according to the Penal Code.
