Many difficulties and problems in criminally handling acts of evading social insurance payments

From 2020 to now, Ho Chi Minh City Police have received 66 cases, reports, and recommendations for prosecution related to labor employing units transferred by the Social Insurance agency, but no cases or defendants have been prosecuted for violations of social insurance laws by employees.

On July 30, the Department of Labor, Invalids and Social Affairs coordinated with the Ho Chi Minh City Social Insurance (SHSI) and the Ho Chi Minh City Labor Federation (HCF) to organize a conference on "Solutions to promote the expansion of coverage of social insurance participants in places with labor relations in Ho Chi Minh City". Attending the conference was Head of the Ho Chi Minh City Party Committee's Mass Mobilization Commission Nguyen Manh Cuong.

Conference scene

At the conference, Ho Chi Minh City Social Insurance informed that the city currently has more than 2.5 million people participating in social insurance, accounting for more than 51% of the working-age workforce.

Representatives of social insurance agencies in some districts, Thu Duc City pointed out the difficulties in the current situation of handling social insurance, health insurance (HI), and unemployment insurance (UI) debts. These include the situation where some businesses circumvent the law to reduce social insurance, health insurance, and unemployment insurance contributions; change their headquarters without notifying them; do not participate in social insurance, health insurance, and unemployment insurance for employees or do not pay enough, pay the wrong subjects, or pay the wrong salary...

Deputy Director of Department of Labor, Invalids and Social Affairs Luong Thi Toi reported to the conference

Lieutenant Colonel Ngo Thuan Lang, Deputy Head of the Economic Police Department, Ho Chi Minh City Police, said that from 2020 to now, the City Police have received 66 cases, reports, and recommendations for prosecution related to labor employing units transferred by the Social Insurance Agency. However, Ho Chi Minh City Police have not yet initiated a case, nor have they prosecuted defendants related to labor employing units violating the law on Social Insurance.

The reason is that Article 216 of the Penal Code on the crime of "evading payment of social insurance, health insurance, and unemployment insurance for employees" stipulates that violators must be administratively sanctioned for this act to have sufficient grounds for criminal prosecution. However, the files of the Social Insurance agency's proposed prosecution are only subject to administrative sanctions for the act of late payment or payment not at the prescribed level.

Ho Chi Minh City Police inform about the situation of receiving cases of violations of social insurance laws

In addition, the files transferred by the Social Insurance Agency to the Police Investigation Agency do not have sufficient documents and are not legally valid. Many businesses are no longer operating or have moved to other localities; taking advantage of loopholes in the law to change their legal entities or declare bankruptcy to avoid their obligations to their employees...

At the conference, Head of the Ho Chi Minh City Party Committee's Mass Mobilization Commission Nguyen Manh Cuong commented that increasing the coverage of social insurance is very necessary to ensure social security and order for the development of Ho Chi Minh City in the coming time.

He requested agencies and units to focus on implementing propaganda solutions for workers, business owners, and people of all walks of life to raise awareness of social insurance policies.

"In reality, many workers have already had their social insurance and health insurance payments done by their employers when signing labor contracts, so workers are not sure about the information," said Mr. Nguyen Manh Cuong.

Head of the Ho Chi Minh City Party Committee's Mass Mobilization Commission Nguyen Manh Cuong delivered a speech directing the conference.

He also requested the Department of Labor, Invalids and Social Affairs and the Social Insurance of Ho Chi Minh City to increase the application of information technology, administrative reform in social insurance and strengthen inspection and examination to promptly detect and handle acts that are not in accordance with regulations, not suitable, or even violate the law on social insurance.

In addition, trade union organizations need to closely monitor the situation, public opinion from workers, laborers, and the production and business situation of enterprises to promptly support, detect, and coordinate in handling cases showing signs of violations.

THU HOAI

Source: https://www.sggp.org.vn/nhieu-kho-khan-vuong-mac-trong-xu-ly-hinh-su-hanh-vi-tron-dong-bhxh-post751659.html