Not yet effective
(Baonghean)- To address the outstanding social insurance debt that has persisted since 2010, in addition to administrative penalties, the Nghe An Social Insurance agency has decided to initiate legal proceedings against units with high debt amounts. Over the past two years, dozens of units have been sued, but the results have been minimal.
The Vinh City Social Insurance agency has filed lawsuits against the most entities to date, with 12 units. The entity with the largest debt is the Central Vietnam Transportation Construction Company with 2.1 billion VND; other companies include the 747 Construction and Trading Joint Stock Company with 995 million VND, and the North Central Vietnam Construction Investment Consulting Joint Stock Company with 664 million VND... In addition, the city's social insurance agency also received two other lawsuits initiated by the Provincial People's Committee in 2010: Truong Son Automobile Joint Stock Company (1.3 billion VND) and Nghe An Bridge and Road Construction Joint Stock Company (2.3 billion VND). After nearly two years of lawsuits totaling over 10 billion VND in debt, according to Mr. Nguyen Phuc Duong, Deputy Director of the Provincial Social Insurance agency, the results have been minimal. During the litigation process, some entities deliberately refused to comply, failing to appear in court for mediation despite receiving summonses. In some exceptional cases, certain companies deliberately fail to pay their contributions even though the Social Insurance agency is aware that the money has been deposited into their accounts.
In Nghe An province, 24 businesses are currently being sued by the provincial and district/city social insurance agencies. Besides those located in Vinh City, Nghi Loc district has three businesses: Vigalacera Ceramic Company, Central Vietnam Mechanical and Construction Joint Stock Company, and North Central Vietnam Construction Joint Stock Company; Quy Chau district has the Nghe An Gemstone and Mineral Enterprise; and Do Luong district has two businesses: Manh Sang Construction and Trading Joint Stock Company and Do Luong Tunnel Brick Factory. All 24 businesses owe nearly 18 billion VND in social insurance contributions, but only 5 billion VND has been repaid since the lawsuits. Notably, Truong Son Automobile Company was sued in May 2010 for a debt of 1.3 billion VND, but has only repaid 3.3 million VND. Construction and Trading Joint Stock Company 747 owes 602 million VND but has only repaid 547,000 VND, and several other businesses have been unable to make payments.
Upon investigation, it was found that most of these companies were operating at a loss, and furthermore, the business owners had absconded, making it impossible for the court to contact them. In addition, companies such as Nghe An Bridge and Road Design Consulting Joint Stock Company, Sea Dredging Company 2, Truong Son Automobile Company, and Construction Investment Joint Stock Company 24, despite being tried and transferred to the enforcement agency for debt collection, in reality, these companies have virtually no assets left, with some assets simultaneously mortgaged to multiple entities. To enforce the judgments, the enforcement agencies have recently requested the plaintiffs, the Social Insurance agencies of the districts, cities, and towns, to investigate the actual value of the assets of these companies.
However, according to Mr. Ngo Ngoc Thanh, Head of the Collection Department of the Provincial Social Insurance Agency: This is too difficult and beyond the control of a specialized unit like the insurance agency. Furthermore, these units are mainly road and bridge construction companies across the country, so their assets are scattered everywhere. Without the cooperation of these businesses, it is impossible to control the situation. For example, at the Central Vietnam Transportation and Trade Joint Stock Company, according to a petition from Mr. Nguyen Dinh Bang (Hamlet 7, Thuong Son Commune, Do Luong District), a former employee of the company, the employees are currently in a "penniless" situation. Not only have all the money used to purchase company shares been lost, but the workers are also not receiving social insurance benefits. The old management, including the director and chairman of the board of directors, has retired and refuses to settle the benefits for the workers. The deputy directors and department heads have also gone their separate ways, and the company's assets have been disposed of.
Given this prolonged delay, the Social Insurance agencies hope that, in addition to bringing these cases to public attention, there should be stricter penalties for violating units. However, according to Mr. Ha Huy Nhat, Deputy Chief Justice of the City Court, this is "not easy," because these are purely civil cases and therefore cannot be subject to the same penalties as criminal cases. Regarding the City Court, after receiving lawsuits from the Social Insurance agencies, they have conducted summonses and mediation, but only a few units have attended and agreed to pay according to schedule. For the remaining cases, according to regulations, if the defendant does not cooperate after 6 months, a trial in absentia can be conducted, but in reality, no such case has been carried out yet because the process of conducting a trial in absentia is very complex, time-consuming, and requires the cooperation of many units.
This impasse also makes it even more difficult for the provincial Social Insurance agency to collect nearly 60 billion VND in outstanding debts from over 200 businesses in Nghe An province. This means thousands of workers are at risk of losing all their benefits because their employers are deliberately failing to pay social insurance contributions. Perhaps the Social Insurance sector and related agencies should discuss and come up with an effective solution. Furthermore, some managing agencies, such as the transportation and construction sectors, need to closely monitor the indebted units and consider the responsibility of employers when awarding projects. With such close coordination, it is hoped that the rights of workers will soon be addressed.
My Ha
