Proposal for new regulations on administrative sanctions for violations in the field of social insurance

Ministry of Home Affairs proposes new regulations on administrative sanctions for violations in the field of social insurance - Illustrative photo

The Ministry of Home Affairs said that on June 29, 2024, the National Assembly issued the Law on Social Insurance No. 41/2024/QH15, in which the National Assembly assigned the Government to specify a number of contents to suit practical requirements in social insurance work, including: urging the implementation of the responsibility to pay compulsory social insurance and unemployment insurance; evading compulsory social insurance and unemployment insurance; measures to handle acts of late payment of compulsory social insurance and unemployment insurance; measures to handle acts of evading payment of compulsory social insurance and unemployment insurance; complaints and settlement of complaints regarding decisions and acts on social insurance and denunciations and settlement of denunciations regarding social insurance.

Regarding late payment and evasion of compulsory social insurance and unemployment insurance: This is new content because previous regulations on social insurance did not clearly define the concept of late payment and evasion of payment.

Regarding the regulations on administrative sanctions for violations in the field of social insurance: According to the Ministry of Home Affairs , on January 17, 2022, the Government issued Decree No. 12/2022/ND-CP replacing Decree No. 28/2020/ND-CP dated March 1, 2020, which regulates administrative sanctions for violations in the field of social insurance to promptly overcome difficulties and obstacles in the implementation process, ensuring the consistency and effectiveness of a number of newly issued or newly amended and supplemented legal documents (documents include: Law on Employment 2013, Law on Social Insurance 2014, Law on Labor Safety and Hygiene 2015, Penal Code 2015 amended and supplemented in 2017, Decrees guiding the implementation of a number of articles of the Labor Code 2019).

Decree No. 12/2022/ND-CP together with the law on handling administrative violations has created an effective legal corridor for handling and sanctioning administrative violations in the field of social insurance, contributing to raising awareness of compliance and law observance, ensuring the rights and legitimate interests of individuals, agencies and organizations in the field of social insurance. However, up to now, in practical application, there have been requirements, requiring that the regulations on sanctioning social insurance need to be further improved, specifically as follows:

First: Requirements to ensure consistency and uniformity of the legal system after the Social Insurance Law No. 41/2024/QH15 is promulgated.

Second: Request to overcome difficulties and obstacles from the practical application of Decree No. 12/2022/ND-CP, which has caused some difficulties and shortcomings in handling administrative violations in the field of social insurance, such as Clause 5, Article 39 of Decree No. 12/2022/ND-CP, which stipulates a fine of 12% to 15% of the total amount of compulsory social insurance and unemployment insurance payable at the time of making a record of administrative violation, but not exceeding 75 million VND for employers...". However, there are no regulations on determining the amount of fine in cases where the violator has fully paid the late payment amount before the time of making a record of administrative violation.

Therefore, the development of the Decree is extremely necessary to provide detailed regulations, ensure the consistency and unity of the legal system, overcome difficulties and shortcomings in the past, create a complete legal corridor, and contribute to raising awareness of law compliance in the field of social insurance.

The draft Decree proposes to detail the following provisions of the Law on Social Insurance: Clause 4, Article 35, Clause 1 and Clause 2, Article 39, Clause 4, Article 40, Clause 4, Article 41, Clause 7, Article 130, Clause 5, Article 131. It stipulates a number of measures to implement the Law on Social Insurance, including: Urging the implementation of the responsibility to pay compulsory social insurance, unemployment insurance, measures to handle late payment, evasion of payment of social insurance, unemployment insurance; complaints and denunciations about social insurance; procedures for handling complaints and denunciations about social insurance; handling of violations of the law in handling complaints and denunciations about social insurance; sanctioning of administrative violations about social insurance.

Administrative sanctions for violations in the field of social insurance

According to the draft, organizations and individuals who commit administrative violations in the field of social insurance will be punished with a fine.

Depending on the nature and severity of the violation, organizations and individuals committing administrative violations may be subject to additional penalties.

Violations, fines and authority to sanction administrative violations in the field of social insurance according to the Decree on sanctioning administrative violations in the field of social insurance.

Remedial measures

In addition to monetary fines and additional penalties, individuals and organizations that commit administrative violations in the field of social insurance may be subject to one or more of the following remedial measures:

1- Require employers to pay an amount equivalent to the compulsory social insurance and unemployment insurance premiums for employees plus interest on that amount.

2- Require employers to pay the full amount of compulsory social insurance and unemployment insurance to the social insurance agency.

3- Require employers to pay an amount equal to 0.03%/day calculated on the amount of social insurance, unemployment insurance late payment, evasion of payment and the number of days of late payment, evasion of payment to the social insurance fund, unemployment insurance fund; if not, upon request of competent persons, banks, other credit institutions, and the State Treasury shall be responsible for deducting from the employer's deposit account to pay the amount of late payment, evasion of payment and an amount equal to 0.03%/day calculated on the amount of social insurance, unemployment insurance late payment, evasion of payment and the number of days of late payment, evasion of payment.

4- Forced to return to the social insurance agency the social insurance amount, unemployment allowance amount, vocational training support amount, training support amount, vocational skills training and improvement support amount to maintain employment for employees that have been received and the interest on this amount.

5- Require employers to return to employees the amount of compulsory social insurance benefits they have appropriated from employees and the interest on this amount.

6- Require vocationaltraining institutions to return the embezzled money to the social insurance agency and the interest on this money.

7- Require vocational training institutions to teach the full duration of the course that unemployment insurance participants are supported to learn.

8- Require employers to pay to social insurance agencies the amount of funding for training, fostering, and improving vocational skills that is not fully used compared to the plan approved by the competent authority.

Please read the full draft and give your comments here.

Wisdom

Source: https://baochinhphu.vn/de-xuat-quy-dinh-moi-xu-phat-vi-pham-hanh-chinh-trong-linh-vuc-bao-hiem-xa-hoi-102250418150054164.htm