Draft amended law stipulates stricter punishments on late, evaded social insurance payment

30/05/2024 10:21 AM

Regulations on evasion and late payment of compulsory social insurance premiums must be stipulated to serve as a basis for violation punishments and ensure the rights of labourers, said National Assembly (NA) deputies while scrutinising the draft amended social insurance law on May 27.

Delegate Dao Chi Nghia from Can Tho City proposed employers must update their social insurance payment for employees with competent agencies on a quarterly basis. This is also a form of inspection and supervision of social insurance payments for employees.

He said the report frequency must be shortened. Social security agencies must make the report to the Social Insurance Management Council every three months and to the Ministry of Labour, Invalids and Social Affairs, the Ministry of Health, the Ministry of Finance, the People's Committees at the same level and other relevant ministries every six months.

Periodical forecast on the ability to balance the fund must be reported every five years for prompt solutions of any problems that arise, he said.

Deputy Nguyen Tao from Lam Dong Province’s delegation, said administrative penalties on violations of compulsory social insurance’s late payment and evasion need to have stricter and clearer regulations.

He proposed reviewing the related laws in order to ensure consistency, citing that the draft social insurance law’s Clause 4, Article 40 stipulates temporary suspension of exit on those who are subject to implementation of decision on administrative sanctions following the law on entry, exit, and transit of residence of foreigners in Vietnam and exit and entry of Vietnamese citizens. However, Article 36 of the Law on Exit and Entry of Vietnamese Citizens does not regulate temporary exit from the country in cases of late payment or evasion of social insurance payment.

Deputy Thai Quynh Mai Dung from Vinh Phuc Province said regulations on how to deal with late and evaded health insurance and unemployment insurance payments must be added in order to guarantee consistency in Articles 37 and 38.

An overview of the meeting. Source: Internet

Deputy Nguyen Thi Suu from Thua Thien-Hue Province strongly agreed to add regulations to Article 41 about a special method to protect workers in the event that their employer is no longer able to pay for their social insurance. It is advised that, in order to guarantee the regulation's implementation is feasible, resources and impacts be carefully evaluated. In the event that an employer withholds or delays payment, the State budget must assist workers in meeting their insurance needs.

Deputy Tran Thi Thanh Huong from An Giang Province said the draft law’s basic and comprehensive review and amendment arising from the practice will make an important contribution towards the goal of sustainable social security.

She agreed that a further article or clause governing a particular mechanism is required to safeguard workers in the event that the business is unable to continue paying social insurance.