The Ministry of Home Affairs has just issued a Report assessing the implementation of Decree No. 12/2022/ND-CP dated January 17, 2022 of the Government stipulating penalties for administrative violations in the fields of labor, social insurance (BHXH), and Vietnamese workers going to work abroad under contracts.
With the field of social insurance, unemployment insurance (BHTN), health insurance (BHYT), the main violations are late payment, not paying enough people eligible for participation; paying not at the regulated level; not preparing dossiers to participate in compulsory social insurance for employees. This is the most common group of behaviors, appearing in most localities: such as Lao Cai, Quang Ninh, An Giang, Ninh Binh, Nghe An, Lam Dong, Gia Lai...
The labor sector includes violations such as not concluding labor contracts or concluding contracts of the wrong type; violating regulations on salaries, working hours, rest hours; not registering labor regulations; handling labor discipline not in accordance with regulations.
In the field of occupational safety and health, common violations are not organizing occupational safety and health training; not conducting periodic health checks; not monitoring the working environment; not inspecting machinery and equipment with strict safety requirements; not fully equipping personal protective equipment for workers.
For the field of foreign workers, the main violations are using foreign workers without a work permit or not in accordance with the content of the permit; not carrying out procedures to confirm that the worker is not eligible for a work permit.
Some other violations are that workers who are receiving unemployment benefits do not notify when they have jobs; acts of fraudulent dossiers to enjoy social insurance benefits (Lam Dong).
In many localities such as: Lao Cai, Hanoi, Gia Lai, Quang Ngai... the number of violations tends to decrease gradually over the years, but it is still complicated in the small business sector, non-state enterprises, especially in the context of economic difficulties.
Regarding the form of punishment, the Ministry of Home Affairs said that fines are the main and almost absolute form applied in the sanctioning decisions according to Decree No. 12/2022/ND-CP.
The penalty level is applied in accordance with the framework and level specified in the Decree, ensuring that it does not exceed authority.
The form of additional penalties is still rarely applied in practice; mainly revoking the right to use licenses, suspending operations in some special cases, but most reports do not record many cases of applying this form.
Meanwhile, remedial measures are applied relatively commonly, especially in the field of social insurance, including: Forcing the retroactive payment of the remaining social insurance and unemployment insurance amounts; forcing the full number of people eligible for social insurance and unemployment insurance participation; forcing the payment of late payment interest; forcing the termination of violations, completing dossiers and procedures according to regulations; forcing the full payment of salaries and allowances to employees...
The Ministry of Home Affairs assesses that, in general, the handling of administrative violations under Decree No. 12/2022/ND-CP in localities is basically carried out in accordance with authority, order, and procedures according to regulations.
However, the practice of implementing Decree No. 12/2022/ND-CP shows some new issues arising, notably: Increasing violations related to social insurance in the context of businesses facing many financial difficulties.
Violations are increasingly sophisticated, difficult to detect, tend to "circumvent the law", and the impact of organizational structure arrangement, decentralization and delegation of power in localities has led to problems in the authority to make records and the authority to issue penalty decisions.
