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.
From the practical implementation of Decree 12/2022/ND-CP, the Ministry of Home Affairs said that the work of handling administrative violations in the field of labor and social insurance has achieved certain results, but still reveals many inadequacies.
In which, in 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 prescribed 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....
Notably, one of the prominent issues is that some regulations on penalties and remedial measures are not strict enough, lacking deterrence.
The report stated that the maximum fine level in some fields such as labor, social insurance, safety, and occupational health is still low compared to the benefits obtained from violations.
Regarding the provisions of Clause 5, Article 39 of Decree No. 12/2022/ND-CP on penalties for late payment of social insurance and unemployment insurance calculated at a percentage at the time of making a record, leading to cases where businesses have remedied before the time of making a record, the fine amount is 0 VND, causing concern and reactions from the sanctioned subjects and reducing the deterrent effect of the law" - The report clearly stated.
The causes of the above difficulties and obstacles stem from both objective and subjective causes, including: The rapid change of the legal system and socio-economic context; the nature of violations is increasingly complex, sophisticated, and diverse;
Many behaviors arising in practice have not been fully regulated by law; the awareness and sense of law compliance of a part of businesses and workers are still limited;
The coordination between agencies and units in some cases is still formalistic and not synchronized;
At the same time, there are still inadequacies in legal regulations and implementation organization; the legal system on handling administrative violations is still overlapping and changing rapidly; the work of updating and disseminating has not kept up; some sanctions are not strong enough and have not created high deterrence.
On that basis, the Ministry of Home Affairs proposed to develop a Decree amending, supplementing (or replacing) Decree No. 12/2022/ND-CP to ensure synchronization with the Law on Handling of Administrative Violations.
Thereby, ensuring that the system of agencies and competent persons operate continuously, smoothly, without interruption and strengthening the effectiveness and efficiency of state management in the field of labor, social insurance, and Vietnamese workers going to work abroad under contracts.
