Transfer insurance debt dossier to the Procuracy, must pursue to handle it to the end

Hoàng Văn Minh |

Handling enterprises owing social insurance must be pursued to the final result of recovering money and restoring the rights of employees.

Chairman of Da Nang City People's Committee Nguyen Manh Hung assigned the City Social Insurance Agency to preside over and coordinate the provision of dossiers and documents of units that are late in paying or evading social insurance, health insurance, and unemployment insurance to the City People's Procuracy for research and implementation of civil lawsuits according to regulations.

By the end of July 2026, Da Nang has more than 2,600 units and businesses owing insurance for 6 months or more, with a total amount of more than 478 billion VND, affecting the rights of over 11,000 workers. If including businesses owing for 3 months, the number is up to about 4,000 units.

According to Vietnam Social Security, by the end of June 30, 2026, the amount of late payment of social insurance, unemployment insurance, and health insurance nationwide is 18.9 trillion VND, accounting for 2.27% of the amount to be collected.

These figures show that insurance debt is no longer an isolated phenomenon, nor is it a private matter of Da Nang, but is common in all localities nationwide.

This is also not simply a debt between businesses and social insurance agencies.

Because behind each debt is that employees are not allowed to finalize books, encountering difficulties when enjoying sickness, maternity, unemployment, retirement or medical examination and treatment benefits. Some people have quit their jobs but their rights are still "suspended" for many years because businesses have not fulfilled their obligations.

Therefore, when administrative measures, even publicizing the names of debtor units, do not bring about the expected effectiveness, then filing a lawsuit or transferring the file to the investigating agency for cases with signs of evasion is a necessary handling step.

However, the transfer of dossiers must also be carefully considered, avoiding the situation of transferring dossiers that are formalistic.

For example, in Lam Dong province, from 2018 to now, the provincial Social Insurance agency has transferred 19 dossiers to the investigating agency, but most of them were answered as not showing sufficient signs of the crime of evading social insurance contributions.

This poses a requirement that the dossier must be prepared carefully, clarifying the financial capacity, cash flow, salary deduction behavior and the level of intentional evasion of obligations of the enterprise.

Functional agencies also need to specifically classify when preparing dossiers. Businesses that are truly unable to pay must have appropriate handling plans, associated with asset recovery and determining the responsibility of managers.

Businesses that still operate, have revenue but intentionally do not pay, or have deducted money from employees but do not pay, need to be strictly handled according to regulations.

Objective difficulties cannot be equated with the procrastination and embezzlement of insurance money by businesses.

It is even more unacceptable for businesses to continuously make commitments, ask for gradual payments and then not implement them, while workers have to go to complain, mediate and sue themselves to claim their legitimate rights.

Da Nang and localities need to build a clear coordination mechanism between social insurance agencies, police, procuracies, internal affairs agencies, trade unions and local authorities. Each transferred dossier must have a monitoring unit, handling time and specific result information.

The ultimate purpose of transferring dossiers and documents of units that are late in paying or evading insurance contributions to the Procuracy or investigating agency is still to restore the legitimate rights of employees.

Therefore, transferring dossiers is only meaningful when responsibility continues to be pursued to the end.

Hoàng Văn Minh
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