Vietnam Social Security: Examining the implementation of laws on handling administrative violations in 2024 in some localities

22/05/2024 04:41 PM


Implementing Decision No. 284/QD-BHXH dated March 13rd, 2024 signed by the General Director of Vietnam Social Insurance (VSS) on promulgating the Plan to inspect the implementation of laws on handling administrative violations in 2024, VSS has just issued a Decision to inspect the implementation of laws on handling administrative violations in 2024 at the Social Insurance of 07 provinces and cities (including: Cao Bang, Thai Nguyen, Nam Dinh, Phu Yen, Quang Ngai , Tay Ninh, Vinh Long).

Accordingly, the purpose of inspection is to review and evaluate the implementation of the law on handling violations for violations of the obligations to pay social, health, and unemployment insurance; detect limitations, problems, inadequacies, errors, and violations in the implementation of laws on handling administrative violations to promptly guide, rectify, handle, and overcome; Prevent, combat and prevent violations in the implementation of laws on handling administrative violations; Strengthen discipline and administrative discipline in conducting the implementation and application of laws to ensure the effectiveness and efficiency of law enforcement on handling administrative violations; Detect regulations that are inadequate, inconsistent or inconsistent with reality to promptly propose to competent authorities to amend, supplement, abolish or promulgate new legal documents on handling administrative violations or other relevant legal documents.

Illustration. Source: Internet

Regarding the content of inspection, based on the regulations of the Decree No. 19/2020/ND-CP dated February 12nd, 2020 of the Government on inspection and disciplinary settlement in implementing the law on handling administrative violations, focusing on monitoring the following contents:

Firstly, the implementation of law enforcement on handling of administrative violations, including the following contents: Arrangement of resources and other conditions to ensure the enforcement of law on handling of violations administrative; total number of people with authority to sanction administrative violations according to each position at the agency or unit; Implementation of statistical and reporting regime on handling of administrative violations; The implementation of responsibilities of the Director of Provincial Social Insurance in organizing the implementation and application of laws on handling administrative violations and other laws related to handling administrative violations.

Tìm phương án tốt nhất cho người lao động!

Illustrative image (internet)

Secondly, the application of laws on sanctioning administrative violations in the fields of social insurance, unemployment insurance, and health insurance, specifically: Total number of violations; total number of violations subject to administrative sanctions; number of violations subject to administrative sanctions in each field; number of cases transferred to prosecution agencies for criminal prosecution; number of cases referred by the prosecution agency to sanction administrative violations; The situation of implementing the work of recommending prosecution for acts of evasion of paying social insurance, unemployment insurance, and health insurance according to the provisions of Article 216 of the 2015 Penal Code. On the basis of sanction records administrative violations of the Provincial Social Security, conduct specific checks on selected files on the following contents: Implementation of legal regulations on authority, procedures for making records of administrative violations and issuance decision to sanction administrative violations, decision to apply remedial measures in case of failure to issue a decision to sanction administrative violations, decision to enforce the decision to sanction administrative violations; Situation and results of implementing decisions on sanctioning administrative violations, decisions on applying remedial measures in case of not issuing decisions on sanctioning administrative violations, decisions on enforcement of decisions on sanctions fine for administrative violations; The implementation of legal regulations on accountability; Maintain records of administrative violations.

According to the Decision, the expected inspection period is from January 1st, 2023 to December 31st, 2023, with implementation time in the second and third quarters of 2024./.

VSS