Increase deterrence against businesses that are slow and evade social insurance contributions

Hà Anh |

Hanoi City Social Insurance has coordinated with the People's Procuracy (VKSND) to pilot civil lawsuits against units that are late in paying or evading social insurance contributions, in order to increase deterrence and protect the rights of workers.

Inspection has been carried out for 2,166 units

On September 7, Mr. Vu Duc Thuat - Deputy Director of Hanoi City Social Insurance - said that to protect the rights of workers, Hanoi City Social Insurance (BHXH) and Hanoi City People's Procuracy have coordinated and directed social insurance agencies and regional People's Procuracies to sign regulations on coordination and implementation.

The coordination regulations are built in the direction of reviewing and classifying enterprises that are late in paying and evading social insurance, health insurance (BHYT), and unemployment insurance (BHTN) for a period of 3 months or more, verifying the causes and organizing dialogue before proceedings.

For businesses that are really facing financial difficulties, functional agencies create conditions for businesses to build a roadmap to fulfill their obligations. For businesses that are still operating normally, have cash flow but intentionally appropriate social insurance, health insurance, and unemployment insurance contributions of employees, and do not cooperate after being reminded, the mechanism for initiating public interest lawsuits is applied according to regulations.

According to social insurance data as of the end of August 2026, the City People's Procuracy and People's Procuracies of the regions have implemented urging for 2,166 units, thereby recovering 126.7 billion VND out of a total of 239.1 billion VND of late and late payments, reaching a rate of 46.39%.

This result shows that the coordination between the social insurance agency and the procuracy agency has created positive changes in the implementation of obligations of labor-using units. After receiving the urging or work notice from the People's Procuracy, most units have become more aware of their responsibilities, rights and obligations; and at the same time have taken remedial actions right from the initial stage" - Mr. Vu Duc Thuat said.

Unit sued

According to the leader of Hanoi City Social Insurance, the above coordination has contributed to bringing the implementation of social insurance, health insurance, and unemployment insurance policies and laws into substance, ensuring the legitimate social security rights of workers.

The latest example of initiating civil and public interest lawsuits, at the request of Ung Hoa Grassroots Social Insurance, the People's Procuracy of Region 12 - Hanoi, in its role as the plaintiff, has exercised the right to initiate civil and public interest lawsuits, requesting the People's Court of Region 12 - Hanoi to accept and bring the civil case to first-instance trial, the defendant is MD Company (Ung Thien commune, Hanoi) fulfilling the obligation to pay social insurance money.

According to Hanoi Social Insurance, MD Company declared insurance contributions for 5 employees but violated debt obligations, delayed (evaded) payment for a long time, seriously affecting the insurance fund and the rights of employees.

After Ung Hoa grassroots social insurance transferred the list of violations and VKDND area 12 to participate in working, MD Company paid partial debt repayment in May and June 2026. As of August 2026, the amount of debt the Company still owed was confirmed to be 158 million VND.

Based on the 2024 Law on Social Insurance, grassroots social insurance does not have the authority to sue. Therefore, Ung Hoa grassroots social insurance (as a person with related rights and obligations) has requested the People's Procuracy of Region 12 to exercise the right to initiate civil and public interest lawsuits according to Resolution 205/2025/QH15, requesting the Court to force MD Company to immediately pay the entire debt and interest of 158 million VND to protect the civil rights of vulnerable groups.

The People's Court of District 12 - Hanoi has accepted the first-instance civil case for public interest No. 380/2026/TLST-DS according to the lawsuit of the People's Procuracy of District 12 against the defendant MD Company and brought it to trial on September 7, 2026.

Deputy Director of Hanoi Social Insurance Vu Duc Thuat said that besides the achieved results, the implementation process still faces some difficulties for businesses operating in a precarious production and business situation, with very few workers left, while the amount of late payments is prolonged for many years, and businesses lose their ability to pay, causing many obstacles to be overcome.

In the coming time, Hanoi City Social Insurance and the City People's Procuracy, grassroots Social Insurance and regional People's Procuracies will continue to closely coordinate, strengthen information exchange, review cases with signs of violations, improve the effectiveness of urging and recovering late payments and coordinate to handle cases of enjoying regimes that are not in accordance with regulations.

According to the Court's ruling, MD Company must immediately pay a total amount of more than 158 million VND, as of August 31, 2026. Of which, the amount of insurance premiums to be paid is more than 126 million VND and late payment interest is nearly 32 million VND. From September 1, 2026, MD Company continues to fully fulfill its social insurance obligations according to the provisions of law. The Court also declared that MD Company must bear 300,000 VND of civil first-instance court fees.

Hà Anh
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