On June 8, representatives of Hanoi Social Insurance said that in order to strengthen the implementation of solutions and measures to ensure the legitimate rights and interests of workers in social insurance (SI), health insurance (HI), unemployment insurance (UI) in Hanoi City, inter-sectoral agencies including Hanoi Social Insurance, Hanoi Police, Hanoi Labor Federation, Hanoi Department of Home Affairs, Hanoi Department of Health, Hanoi Inspectorate, Hanoi Tax Department and Hanoi Department of Finance have developed Regulations on coordination in implementing solutions and measures to ensure the legitimate rights and interests of workers in SI, HI, UI (regulations).
Promote propaganda
Ms. Duong Thi Minh Chau - Head of the Propaganda and Support Department for Social Insurance participants of Hanoi City said that, according to regulations, sectors promote propaganda and mobilization of organizations, units, and individuals in Hanoi City to be aware and understand the rights and obligations according to the provisions of the Labor Code, Trade Union Law, Inspection Law, Social Insurance Law, Health Insurance Law, Employment Law, Law on Safety and Health, Law on Tax Administration... and Government Decrees guiding the Law; Penal Code, Joint Circular on resolving denunciations, reports of crimes and proposals for prosecution; current documents of the Council of Judges of the Supreme People's Court and the Ministry of Public Security on guiding proposals for prosecution according to Article 214, Article 215 and Article 216 of the Penal Code.
Implementing measures to ensure the legitimate rights and interests of social insurance regimes of employees when participating in social insurance, every month, Hanoi Social Insurance summarizes, analyzes, and classifies units, transfers to Hanoi Department of Home Affairs, Hanoi City Tax Department, Hanoi City Inspectorate to coordinate in urging, inspecting, and examining units that are late in paying or evading social insurance; transfers to Trade Union organizations the list of units that are late in paying or evading payment.
The Hanoi Labor Federation in the process of exercising the right to supervise and social criticism according to the Trade Union Law, if violations of the social insurance regime are detected, inform the social insurance agency for handling measures.
Hanoi City Police in the process of deploying professional measures, promptly notify the same-level social insurance agency about the methods and tricks of criminal activities in the field of social insurance and other violations of the law so that social insurance agencies have plans to coordinate and proactively prevent and combat effectively.
Along with that, Hanoi City Social Insurance proactively conducts specialized inspections on social insurance contributions and administrative violations or submits to Hanoi City People's Committee for administrative violations according to the provisions of law. In necessary cases, Hanoi City Social Insurance coordinates to establish an inter-sectoral inspection team.
In the process of inspection, if a unit is found to have acts of late payment, evasion of payment, or social insurance fraud, collect dossiers and documents and transfer them to the Police agency for handling according to the provisions of the Penal Code.
Regarding suing in court for violations of the law on social insurance, the Hanoi Labor Federation will direct affiliated trade union levels to initiate lawsuits in court against units with violations of the law on social insurance and health insurance that affect the legitimate and lawful rights and interests of employees and collective employees in accordance with the law.
2 stages of prosecuting for evading social insurance contributions
Regarding prosecuting units with acts of social insurance fraud, intentional late payment, and evasion of social insurance payment for employees, there will be 2 phases.
In which, the prevention phase: Hanoi Social Insurance exchanges guidelines, policies, and violations of the law (if any), focusing on effective propaganda by inviting businesses that delay, are slow to pay, or evade social insurance and health insurance contributions (not yet administratively sanctioned for evading social insurance and health insurance contributions) to work and propagate the provisions of Article 214, Article 215, Article 216 of the 2015 Penal Code as well as the law on social insurance and health insurance. Before transferring dossiers to the Police Agency, Social Insurance provides information, exchanges and works with Hanoi Police to classify and handle them.
Handling stage: Hanoi City Social Insurance, grassroots Social Insurance and Hanoi City Inspectorate, during inspection and examination, detect cases of law violations, signs of criminal offenses of evading social insurance and health insurance contributions (employers who have been administratively sanctioned for evading social insurance and health insurance contributions but continue to show signs of evading social insurance and health insurance contributions), then transfer the file to the investigating agency to propose initiating a criminal case according to their authority.
Social insurance is responsible for completing dossiers and documents to transfer to the Police agency for units that have acts of evading social insurance contributions for employees.
Hanoi City Police investigate, verify, and prosecute cases with signs of criminal law violations of units that evade social insurance contributions for employees transferred by Hanoi City Social Insurance; coordinate with Hanoi City People's Procuracy, Hanoi City People's Court to urgently prosecute and try to deter and prevent units that evade social insurance contributions...
