The Ministry of Home Affairs is drafting a Decree detailing a number of articles of the Law on Social Insurance (SI) on late payment, evasion of compulsory social insurance payment, unemployment insurance (UI); complaints and denunciations aboutSI and administrative sanctions for violations in the field ofSI.
The Ministry of Home Affairs proposes measures to handle acts of late payment and evasion of compulsory social insurance and unemployment insurance payment in Article 9 of the draft Decree.
Accordingly, when detecting acts of late payment or evasion of compulsory social insurance payment, the unemployment insurance agency, competent agency, organization, or individual shall simultaneously apply the following handling measures:
First, forcing employers to pay the full amount of late payment and evasion; pay an amount equal to 0.03%/day calculated on the amount of late payment and evasion of social insurance, unemployment insurance and the number of days of late payment and evasion to the social insurance fund and unemployment insurance fund.
Second, sanction administrative violations or prosecute criminal liability according to the provisions of law.
Third, do not consider awarding emulation titles or forms of commendation.
In the report assessing the impact of the policy on the draft Decree, the Ministry of Home Affairs said that in implementing legal regulations, relevant agencies have made many efforts and implemented many solutions to limit the situation of late payment and evasion of social insurance and unemployment insurance.
However, the situation of late payment and evasion of social insurance and unemployment insurance payments still occurs in many enterprises, occurring for a long time, leading to a situation where social insurance agencies have difficulty in being able to recover, affecting the settlement of social insurance regimes for employees.
In addition, there are no detailed instructions on complaints and complaint settlement for decisions and acts on social insurance; denunciations and complaints about social insurance to ensure legality, consistency, and synchronization with relevant legal documents; ensure the responsibility of management agencies.
Regarding regulations on administrative sanctions for violations in the field of social insurance: Overcoming difficulties and inadequacies in Decree No. 12/2022 to promote effectiveness in practice, in accordance with legal regulations.
Therefore, the draft Decree aims to enhance responsibility, detect and urge the implementation of the responsibility to pay compulsory social insurance and unemployment insurance of social insurance agencies; increase compliance with the law on social insurance, promptly prevent late payment and evasion; strengthen trust, increase the level of satisfaction of participants in the social insurance system.
Regulate measures to promptly prevent fraud, profiteering, evasion, and prolonged payment of social insurance, especially the situation of prolonged delay in payment leading to inability to collect and pay; measures to protect the rights and interests of employees when participating in social insurance.
Complete sanctions for violations of social insurance laws, especially for acts of late payment and evasion of social insurance and unemployment insurance; responsibility of the management agency for social insurance.
