From 2020 to the present, the Ho Chi Minh City Police have received 66 cases, reports, and requests for prosecution related to employers, transferred from the Social Insurance agency. However, no cases or defendants have been prosecuted for violations of social insurance laws by employees.
On July 30th, the Department of Labor, War Invalids and Social Affairs, in coordination with the Ho Chi Minh City Social Insurance (BHXH) and the Ho Chi Minh City Federation of Labor (LĐLĐ), organized a thematic conference on "Solutions to promote the expansion of social insurance coverage in workplaces with labor relations in Ho Chi Minh City." The conference was attended by Mr. Nguyen Manh Cuong, Head of the Ho Chi Minh City Party Committee's Mass Mobilization Department.
At the conference, the Ho Chi Minh City Social Insurance agency reported that the city currently has over 2.5 million people participating in social insurance, accounting for more than 51% of the working-age labor force.
Representatives from the Social Insurance agencies in several districts and Thu Duc City highlighted difficulties in handling outstanding social insurance, health insurance, and unemployment insurance debts. These difficulties include some businesses circumventing the law by reducing social insurance, unemployment insurance, and health insurance contributions; changing their operating headquarters without notification; failing to enroll their employees in social insurance, unemployment insurance, and health insurance, or paying insufficient or incorrect amounts based on employee eligibility or salary levels.
According to Lieutenant Colonel Ngo Thuan Lang, Deputy Head of the Economic Police Department of Ho Chi Minh City Police, from 2020 to the present, the Ho Chi Minh City Police have received 66 cases, reports, and requests for prosecution related to employers who violated social insurance laws. However, the Ho Chi Minh City Police have not yet initiated any criminal cases or prosecuted any suspects related to employers who violated social insurance laws.
The reason is that Article 216 of the Penal Code, regarding the crime of "Evading social insurance, health insurance, and unemployment insurance contributions for employees," stipulates that the offender must be subject to administrative penalties for this act before there are sufficient grounds for criminal prosecution. However, the cases referred by the Social Insurance agency for prosecution only involved administrative penalties for late payment or incorrect payment.
Furthermore, the records transferred from the Social Insurance agency to the Police Investigation Agency lack complete documentation and have no legal validity. Many businesses are no longer operating or have moved to other localities; they exploit legal loopholes to change their legal entity or declare bankruptcy to evade their obligations to employees...
At the conference, the Head of the Ho Chi Minh City Party Committee's Mass Mobilization Department, Nguyen Manh Cuong, commented that increasing the coverage of social insurance is essential to ensure social security and order for the future development of Ho Chi Minh City.
The comrade suggested that agencies and units focus on implementing solutions to raise awareness among workers, business owners, and all segments of the population about social insurance policies.
"In reality, many workers, when signing labor contracts, have their social insurance and health insurance contributions fully covered by their employers, so the workers may not be fully aware of the information," Comrade Nguyen Manh Cuong shared.
The comrade also requested the Department of Labor, War Invalids and Social Affairs and the Ho Chi Minh City Social Insurance Agency to strengthen the application of information technology, reform administrative procedures in social insurance, and enhance inspection and supervision to promptly detect and handle actions that are not in accordance with regulations, inappropriate, or even violate the law on social insurance.
Furthermore, trade unions need to closely monitor the situation, public opinion from workers and employees, and the production and business situation of enterprises in order to promptly provide support and detect and coordinate the handling of 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
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