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More than 4,000 business owners had their social insurance illegally collected, many people paid for nearly 20 years

Báo Thanh niênBáo Thanh niên04/06/2023


In a report recently sent to the National Assembly on a number of issues related to the group of questions raised at the 5th session, Minister of Labor, Invalids and Social Affairs Dao Ngoc Dung officially explained the issue of illegal compulsory social insurance collection for business owners at many local social insurance agencies.

Hơn 4.000 chủ hộ kinh doanh bị thu BHXH trái luật, nhiều người đóng gần 20 năm - Ảnh 1.

Minister of Labor, Invalids and Social Affairs Dao Ngoc Dung

This is the issue raised by the National Assembly Standing Committee in the report on the results of monitoring the settlement of voters' petitions sent to the 4th session of the 15th National Assembly, which was presented at the opening session of the ongoing 5th session.

According to the report of the National Assembly Standing Committee, according to current regulations, individual business owners are not subject to compulsory social insurance. However, from January 2003 to December 2021, social insurance agencies in many localities have collected compulsory social insurance for these cases.

According to data from Vietnam Social Security, as of September 2016, there were 4,240 individual business owners in 54 localities paying compulsory social insurance.

Thus, the Social Insurance sector has collected compulsory social insurance from a large number of individual business owners in most provinces and cities across the country.

According to the National Assembly Standing Committee, due to the implementation of compulsory social insurance not being in accordance with the law, individual business owners have not been able to count the time they have paid compulsory social insurance to enjoy social insurance benefits, especially in many cases where they have paid social insurance for nearly 20 years.

This has made people angry, some cases have filed complaints, even sued the Social Insurance in court.

Organized inspections and checks in a number of localities

The National Assembly Standing Committee believes that the collection of compulsory social insurance premiums is not the responsibility of the social insurance sector, affecting the legitimate rights of individual business owners. This issue needs to be thoroughly resolved.

Hơn 4.000 chủ hộ kinh doanh bị thu BHXH trái luật, nhiều người đóng gần 20 năm - Ảnh 2.

More than 4,000 individual business owners had their social insurance collected illegally and therefore were not entitled to benefits (illustrative photo)

From there, the National Assembly Standing Committee proposed that the Government direct the Ministry of Labor, Invalids and Social Affairs and Vietnam Social Security to study, review and evaluate the implementation of compulsory social insurance for individual business owners nationwide, and submit to the Government a plan to completely resolve voters' recommendations.

Explaining the above content, Minister of Labor, Invalids and Social Affairs Dao Ngoc Dung said that the ministry has done 3 things.

Firstly, the ministry has sent a document to Vietnam Social Security confirming that the compulsory collection of social insurance for business owners is not in accordance with the law and requested Vietnam Social Security to direct local social security agencies to do the right thing.

Minister Dao Ngoc Dung also said that the Ministry of Labor, Invalids and Social Affairs has also organized inspections in a number of localities.

In addition, the Ministry also coordinated with the Central Economic Committee to survey localities to summarize 5 years of implementing Resolution No. 28 and collect comments on the draft revised Social Insurance Law, including the content that the Social Insurance agency collects compulsory social insurance for business owners.

"After all, the law comes from us"

The issue of illegal compulsory social insurance collection for business owners was also raised by National Assembly deputies at the socio-economic discussion session last week.

Hơn 4.000 chủ hộ kinh doanh bị thu BHXH trái luật, nhiều người đóng gần 20 năm - Ảnh 3.

Delegate Hoang Duc Thang discusses at the National Assembly

Delegate Hoang Duc Thang (Quang Tri delegation) said this is an issue that has caused a stir in public opinion when by the end of December 2021, there were still 35 provincial and municipal social insurance agencies continuing to collect compulsory social insurance from 779 individual business owners.

However, delegate Hoang Duc Thang said that the majority of household heads participating in compulsory social insurance are those who directly engage in production and business. Household heads are both employers and employees, so the need to participate in and enjoy social insurance and health insurance is legitimate.

On the other hand, at this time there is no policy for voluntary social insurance participants, so the household head's participation in social insurance is not prohibited by relevant legal documents.

"The participation of individual business owners in social insurance is essentially positive, contributing to increasing social insurance coverage," said Mr. Thang, adding that current relevant regulations have not kept up with practical requirements.

Therefore, Mr. Thang believes that it is necessary to amend and supplement legal regulations accordingly. "After all, legal regulations come from us. Instead of stopping this inevitable trend, that is the right approach, all for the benefit of the people," Mr. Thang stated, recommending that the Government, the Ministry of Labor, Invalids and Social Affairs, and Vietnam Social Security quickly remove this bottleneck.



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