New points of the Social Insurance Law 2024 and the amended Health Insurance Law 2024 in clearly regulating late payment and evasion of social insurance and health insurance are specifically as follows:
Clearly distinguish between late payment and evasion: The new law tends to distinguish more clearly between late payment and evasion of social insurance and health insurance, creating a more solid legal basis for handling.
Handling social insurance administrative procedures at the one-stop department. Photo: VNA
- Late payment of social insurance and health insurance:
+ Not paying or not paying in full the amount required for social insurance and health insurance since the latest date of paying health insurance.
+ Not making a list or making an incomplete list of people required to participate in social insurance and health insurance within 60 days from the date of expiry of the prescribed deadline.
- Evading payment of social insurance and health insurance:
+ The employer does not make a list or makes an incomplete list of the number of people required to participate in social insurance and health insurance after 60 days from the date of expiry of the prescribed deadline.
+ Not paying or not paying in full the registered amount of social insurance and health insurance after 60 days from the latest date of payment of social insurance and health insurance as prescribed and has been urged by the competent authority as prescribed.
Strengthening sanctions
- For late payment of social insurance and health insurance:
+ Must pay full late payment amount.
+ Pay an amount equal to 0.03%/day calculated on the amount of social insurance, unemployment insurance evaded and the number of days of evading payment to the social insurance and health insurance funds.
+ Penalize administrative violations according to the provisions of law.
+ Do not consider awarding emulation titles or forms of reward.
- For evasion of social insurance and health insurance payments:
+ Required to pay the full amount of the evaded payment.
+ Pay an amount equal to 0.03%/day calculated on the amount of social insurance, unemployment insurance evaded and the number of days of evading payment to the social insurance and health insurance funds.
+ Penalize administrative violations or prosecute criminal liability according to the provisions of law (this is a notable new point, especially for social insurance).
+ Do not consider awarding emulation titles or forms of reward.
Strengthening discipline, protecting workers' rights and ensuring the sustainability of the social security system
The new regulations on late payment and evasion of social insurance and health insurance premiums and sanctions in the revised Law on Social Insurance are of great significance, specifically as follows:
- Strengthening deterrence and compliance with the law: Clearly defining behaviors and strengthening sanctions, especially the ability to prosecute criminal liability for acts of evading social insurance and health insurance payments, will create a stronger deterrent against violations. This is expected to raise awareness of compliance with the law among employers.
- Protecting the rights of employees: Full and timely payment of social insurance and health insurance is a key factor in ensuring social security and health care benefits for employees. These new regulations contribute to better protecting the legitimate rights of employees, ensuring that they enjoy social insurance and health insurance benefits when necessary.
- Ensuring the sustainability of insurance funds: Delayed payment and evasion of payment negatively affect the balance and sustainability of social insurance and health insurance funds. New regulations, especially strict handling measures, will contribute to stabilizing the revenue sources for the funds, ensuring the ability to pay benefits to participants.
- Transparency and fairness: Clearly defining violations and sanctions will create a more transparent and fair environment for all employers. Law-abiding entities will not be disadvantaged compared to those who deliberately violate the law. In short, the new points in the 2024 Social Insurance Law and the 2024 amended Health Insurance Law on regulations and handling of late payment and evasion of social insurance and health insurance contributions are important in strengthening discipline, protecting the rights of employees and ensuring the sustainability of the social security system.
According to Tin Tuc Newspaper
Source: https://baohoabinh.com.vn/274/202032/Quy-dinh-cu-the-ve-hanh-vi-cham-dong,-tron-dong-BHXH,-BHYT.htm
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