Sanctions shall be added to limit late payment and evasion of compulsory social insurance payment

23/11/2023 04:51 PM


On the morning of November 23, discussing at the conference hall about the draft revised Law on Social Insurance, National Assembly Deputy Do Thi Viet Ha (Bac Giang Delegation) said that the sanctions shall be added to limit late payment and evasion of obligatory social insurance payment.

NA deputy Do Thi Viet Ha (Bac Giang Delegation) spoke at the hall

Deputy Do Thi Viet Ha reflected that in recent times, the delayed payment and evasion of compulsory social insurance payment still occurs in many businesses and localities, affecting the settlement of social insurance benefits for workers.

The Delegate said that there are many reasons leading to this situation, including the lack of strict management of subjects participating in compulsory social insurance. Solutions to handle delays and evasion of social insurance payments have not been as effective as expected.

To overcome this situation, the draft Law on Social Insurance (amended) has added a number of specific regulations on acts of late payment and evasion of compulsory social insurance payment with handling measures and sanctions for violations.

To ensure the strictness of the law, delegates requested the drafting committee to continue to review, research and supplement a number of measures and sanctions such as: deduction of social insurance debt from bank accounts after there is notice from the social insurance agency within a certain period of time (possibly 3 months); Publicize the identities of social insurance debt units on mass media...

In addition, the delegate said that there needs to be uniform and feasible regulations to overcome the current difficulties and obstacles in filing civil lawsuits and criminal prosecutions against employers having acts of late payment or evasion of social insurance payment.

Specifically, it is necessary to amend and supplement Clauses 4 and 5, Article 37 in the direction: When the employer has acts of late payment or evasion of social insurance payment and the competent authority has applied measures to handle violations but the employer still does not pay or does not pay enough required social insurance amount due to an administrative violation, not only the social security agency, but also the union and employees have the right to sue the employer under regulations of the Law

At the same time, when the employer shows signs of committing the crime of evading social insurance payments under the provisions of the Penal Code, not only the social insurance office, but also the union organization, labor inspection and examination agencies in charge of social insurance and employees both have the right to petition for prosecution under the provisions of law.

In addition, the deputies said that it is necessary to complete relevant legal regulations to ensure the feasibility, effectiveness and efficiency of suing and prosecuting acts of late payment and evasion of social insurance payment./ .

VSS