Over the past time, the Trade Union, as a representative agency that protects the legitimate rights and interests of employees, has always been proactive in participating and giving opinions in the development and implementation of the Law on Social Insurance, Law on Health Insurance, Law on Employment; mobilizes and coordinates various resources to jointly propagate, disseminate and participate in the inspection, examination and supervision of the implementation of the law on social, health and unemployment insurance for union members and employees who participate in social, health and unemployment insurance premiums are properly, fully and promptly entitled to their regimes and benefits.

However, the status of debt and evasion of employers has been directly affecting the social, health insurance and employees' interests. Difficulties and obstacles in suing enterprises that owe social insurance, the lawsuits against enterprises that owe social insurance are currently governed by four current laws, including the Law on Civil Procedure, the Law on Trade Union, the Law on Social Insurance 2014, the Law on Social Insurance and the Labor Code of 2019, which leads to overlapping and inconsistent interpretations. Specifically, Mr. Hung cited, one law stipulates that grassroots trade unions can sue, meanwhile the other laws require each employee's authorized signature, which is not feasible as very few workers file lawsuits against the business they are working for.

Vice Chairman of the Hanoi Confederation of Labor Le Dinh Hung speaks at the Conference

Notably, Hung said that besides businesses that are really facing difficulties, there exists businesses that take advantage of loopholes in current legal regulations in order to deliberately owe payment, evade payment or appropriate the employee's social insurance payment.

In order to ensure the legitimate and legitimate rights and interests of employees, Hung has proposed a number of solutions to ensure the strict observance of the provisions of the law in the field of social insurance, minimizing the consequences and damage caused, specifically:

Continue to improve the legal system in the field of social insurance, the law on sanctioning administrative violations in the field of social insurance, ensuring uniformity and consistency. Supplement sanctions and strictly implement existing sanctions for violations of the law in the field of social insurance. Research and propose to increase the fine level and the maximum fine level for administrative violations on social insurance in accordance with the law on handling administrative violations, especially for a number of behaviors that frequently occur at present, such as the employer evading payment, or late payment of social insurance premiums.

Illustrative image (source: Internet)

In parallel, continue to improve the state management mechanism in the field of social insurance in the direction of promoting administrative reform according to the "one-stop shop" mechanism in the declaration, collection and payment of social insurance premiums; minimize hassles and costs of complying with procedures for employers in declaring and paying social insurance premiums for employees; build a mechanism for people to supervise the collection, expenditure and management of the social insurance fund; standardize insurance regulations and professional processes in a unified, synchronous, interconnected, and database-linked manner, creating favorable conditions for employees to monitor and supervise the collection and payment of social insurance funds.

The coordination between functional sectors is one of the solutions proposed by Mr. Hung. Accordingly, it is necessary to strengthen coordination between the social security agency and the information and communication agencies in propagating and disseminating the legal provisions on social, health and unemployment insurance, Articles 214, 215, 216 of the Criminal Code; Resolution 05/2019/NQ-HDTP dated August 15, 2019 of the Judicial Council of the Supreme People's Court guiding the application of Article 214 on the crime of fraud on social and unemployment insurance, Article 215 on the crime of fraud on health insurance, Article 216 on the crime of evading payment of social, health and unemployment insurance premiums for employees under the Criminal Code.

Vietnam Social Security (VSS) signed the Regulation on coordination between the Ministry of Public Security and VSS

On the part of the VSS, it is necessary to focus on inviting representatives of the Public Security Agency to participate in specialized inspection teams to check the implementation of the law on social insurance at the employers. Thereby, it can build a premise in the exchange and update of information, policies and laws on social insurance, criminal tricks and violations of the law in the field of social insurance between the police agency and the social security agency, with a view to preventing and controlling, as well as detecting, and strictly and promptly handling violations of the law in this field.

Finally, social security agencies at all levels need to direct specialized departments to proactively provide information and documents to the police about cases of law violation and signs of crime in the field of social insurance detected during the performance of the profession. In case of necessity, upon request, officers may be appointed to participate in coordination with professional units of the Public Security branch in classifying, investigating and handling violations of the law in the field of social insurance./.