Proposal to clarify regulations on late payment and evasion of social insurance payment

Delegate Le Thi Song An - Deputy Head of the National Assembly Delegation of Long An province participated in the discussion.

According to delegate Le Thi Song An, in Clause 1, Article 37, to clarify the rate of 0.03%/day as the interest due to late payment or evasion of social insurance, it is proposed to add the word "interest" to the draft Law, specifically: "1. Employers who violate the provisions of Article 36 of this Law, if they fail to pay the mandatory social insurance payment deadline, in addition to having to pay the full amount of late payment, evasion and being handled for violations according to the provisions of law, must also pay an interest of 0.03%/day calculated on the amount of late payment, evasion of payment to the social insurance fund".

At the same time, remove the content in Clause 4 regarding the regulation "If the employer is late in paying or evading social insurance, the social insurance agency has the right to sue the employer according to the provisions of law".

Because the employer's late payment of social insurance, if placed in the relationship with the employee, will be a civil relationship, if a civil lawsuit is filed, the subject must be the employee or the Trade Union organization representing the employee.

Civil lawsuits are completely independent of administrative and criminal handling. The draft's provision that civil lawsuits must be filed after the competent authority has applied measures to handle administrative violations is inappropriate.

On the scope of regulation and subjects participating in compulsory social insurance and voluntary social insurance

At point i, Clause 1, Article 3, the delegates agreed to add the group of people participating in compulsory social insurance as "Part-time workers at the commune level, in villages, and residential groups", according to the provisions of Clause 6, Article 33 of Decree No. 33/2023/ND-CP, dated June 10, 2023 of the Government regulating commune-level cadres, civil servants and part-time workers at the commune level, in villages, and residential groups, part-time workers at villages and residential groups include 3 positions: Party cell secretary, Village or Residential Group Chief, Head of the Front Work Committee.

Currently, these positions, together with the Cultural - Social Officials, are members of the Steering Committee for implementing social insurance and health insurance policies at the commune level, playing a key role in developing social insurance and health insurance participants in the locality.

At Point l, Clause 1, Article 3, it is agreed to add the group of people participating in compulsory social insurance as “Business household owners of business households subject to business registration”, in essence, business household owners are both owners and employees, so participating in compulsory social insurance is appropriate. This is also the basis for increasing the number of people participating in social insurance, ensuring the goal of sustainable social security in the spirit of Resolution No. 28-NQ/TW of the 12th Central Executive Committee on reforming social insurance policies.

On the basis of compulsory social insurance and voluntary social insurance contributions

Delegates suggested that it is necessary to specify more clearly that in addition to the salary used as the basis for social insurance contributions, other allowances other than salary, or regulations on contributions based on the actual monthly salary of employees, should be included. Because currently, most businesses are circumventing the law by not including the increase in basic salary but switching to other allowances to avoid having to pay social insurance.

Therefore, the salary used as the basis for social insurance contributions for employees is very low, only about 50% -70% of the actual salary, which is very disadvantageous for employees.

Delegate Phan Thi My Dung - Director of the Department of Justice of Long An province spoke.

About maternity benefits

Clause 1, Article 94 stipulates: “1. Female workers who give birth and male workers whose wives give birth are entitled to 2,000,000 VND for each newborn child”, this provision is not suitable for the current market price situation. Delegates suggested not to stipulate a specific amount but to stipulate this by a norm in certain criteria so that when society changes, that norm is still suitable to limit the situation of amending and supplementing the Law project many times.

At the same time, increase the subsidy level when employees participating in voluntary social insurance give birth from 2,000,000 VND to 3,600,000 VND for a newborn child, equal to the one-time subsidy level when employees participating in compulsory social insurance give birth to encourage employees to participate in voluntary social insurance.

In addition, delegate Le Thi Song An suggested that the drafting agency study and add 1 more Article: "Resolving social insurance policies for employees in cases where enterprises owe social insurance, are late in paying, avoid paying, or the owner absconds, employees will still be entitled to social insurance benefits according to regulations and the book will be closed until the time the enterprise has paid social insurance."

Because according to the delegate, the fault does not come from the employee, but from the authorities who have not collected correctly and fully, have not promptly and strictly handled violations and the responsibility of employers who violate the law when not paying enough social insurance for employees. Therefore, it is impossible not to resolve social insurance regimes such as sickness, maternity, unemployment insurance, work accidents, death, one-time social insurance benefits, retirement, etc. for employees in this case.

Participating in the discussion at the Group, delegate Phan Thi My Dung - Director of the Department of Justice of Long An province, expressed concerns about whether expanding the number of participants in compulsory social insurance and voluntary social insurance is feasible. At the same time, clarifying violations of late payment and evasion of social insurance payment to ensure consistency and unity./.

Source