Business insurance debt settlement?
(Baonghean) - Vietnam Social Security has announced: By the end of August 2014, the whole country had 47,305 units, with more than 674,000 employees still owing social insurance, health insurance, unemployment insurance for employees over 11.5 trillion VND. Of these, more than 800 enterprises have been dissolved, meaning that the possibility of recovering this debt is very low. In Nghe An, not counting the debt from 1 to 2 months, by the end of September 2014, the whole province had 357 units owing social insurance from 3 months to 82 months, with outstanding debt of 98,992,688,556 VND.
Analyzing the current situation of enterprises owing social insurance, health insurance, and unemployment insurance of enterprises (mainly non-state enterprises), experts said that there are 3 types of insurance debtors: First, because our sanctions are still too light, the interest rate is 10.3%/year, much lower than bank loans, so many enterprises that have the conditions to pay social insurance, health insurance, and unemployment insurance for employees have taken advantage of this source to put into business, willing to pay fines; second type: due to many difficulties in production and business, they are not able to pay insurance; and third type, there are enterprises that have collected from employees but do not pay for their own interests. Meanwhile, social insurance agencies at all levels only have the function of checking and urging, but cannot handle.
Therefore, when detecting employers violating the law on social insurance, health insurance, and unemployment insurance, they only have the right to complain to the competent authorities. However, the competent authorities, specifically the Courts at all levels, are quite confused in the trial, because this is a new type of case. After the trial, the enforcement agency is also confused in the recovery, so the economic efficiency gained from the trials of social insurance debt in Nghe An is very low, reaching less than 30%. The consequences of the above types of insurance debts of enterprises for employees are extremely serious. At the same time, in the context of the Party and the State encouraging the expansion of the scope and subjects of social insurance participation, with many incentives to pay voluntary social insurance, the situation of insurance debt of enterprises also makes many people wary.
Therefore, it is necessary to add the act of deliberately delaying insurance debt for business owners to constitute a criminal offense. It is necessary to assign the function of inspecting insurance payments to the Social Insurance industry. The work of inspecting and checking the signing of labor contracts and insurance payments must be carried out regularly. Penalties must be higher, in addition to administrative penalties, debt must be calculated at a higher interest rate than the bank loan interest rate at the same time to be enough of a deterrent. The political system, in which the core is the trade unions at all levels, must have a specific, practical and effective action program, coordinate with the Social Insurance agency to do a good job of information, propaganda and dissemination of the Labor Law and the Social Insurance Law to help workers clearly understand their rights, responsibilities and obligations in implementing the law. Workers must regularly monitor and check the payment of social insurance, health insurance and unemployment insurance of enterprises, promptly detect violations of enterprises and report them to the authorities.
Nguyen Khac Thuan
(Vinh City)
