Nghe An cooperates to fight against social insurance arrears

Ha Lien• December 16, 2019 10:32

(Baonghean) - On November 21, 2019, the Inter-sectoral: Court - Procuracy - Police - Social Insurance of Nghe An province agreed to issue Inter-sectoral Conclusion Notice No. 2837/TB-LN on the implementation of the provisions of the Penal Code and Resolution No. 05/2019/NQ-HDTP dated August 15, 2019 of the Council of Judges of the Supreme People's Court.

Accordingly, the inter-sectoral committee agreed on two basic contents: Measures to implement the 2015 Penal Code, Resolution No. 05/2019/NQ-HDTP and assign responsibilities to sectors in implementing related regulations in these two documents. Specifically:

3 groups of solutions need to be coordinated in implementation

Strengthening the propaganda and dissemination of legal regulations on social insurance, health insurance, unemployment insurance and the Penal Code, Resolution No. 05/2019/NQ-HDTP to raise awareness and compliance with the law on social insurance, health insurance, unemployment insurance of agencies, units and individuals, especially employers who have acts of arrears and evasion of social insurance, health insurance, unemployment insurance for employees;

Mobile propaganda parade on social insurance and health insurance policies. Photo courtesy of Thanh Chung

Sectors within their assigned scope, functions and tasks shall be proactive in preventing and combating violations of the law and crimes in the fields of social insurance, health insurance and unemployment insurance according to the provisions of the Penal Code and Resolution No. 05/2019/NQ-HDTP;

From the fourth quarter of 2019, deploy recommendations, investigate, prosecute, and try according to criminal procedure for crimes in the field of social insurance, health insurance, and unemployment insurance in Article 214 on social insurance and unemployment insurance fraud; Article 215 on health insurance fraud and Article 216 on evading social insurance, health insurance, and unemployment insurance payments for employees of the Penal Code.

Define and assign specific responsibilities to sectors

To effectively implement the solution groups and achieve the set goals, the inter-sectoral sector has requested the sectors, according to their assigned functions and tasks, to implement the following key tasks:

Provincial Social InsuranceReport and recommend the Provincial People's Committee to direct and coordinate with sectors, especially information and communication agencies in the province, to propagate and disseminate legal provisions on social insurance, health insurance, unemployment insurance; Articles 214, 215, 216 of the Penal Code; Resolution No. 05/2019/NQ-HDTP; Based on the list of employers who are in debt of social insurance, health insurance, unemployment insurance for 6 months or more, review and classify them into groups: Units with outstanding debts due to difficulties in production and business activities leading to inability to pay, units with the ability to pay but delay, misappropriation of social insurance, health insurance, unemployment insurance of employees... For each type of group of units, develop appropriate handling plans.

Cua Lo Town Social Insurance reviews and guides people to participate in social insurance. Photo courtesy of Duc Anh

Reviewing employers who have been administratively sanctioned for violations in the fields of social insurance, health insurance, and unemployment insurance in 2018 and 2019 but have not complied, continued to commit violations, and have signs of crime as prescribed in Article 216 of the Penal Code to establish a case file as prescribed, and have a written recommendation for prosecution sent to the Provincial Police and the Provincial People's Procuracy for consideration and handling in accordance with the law.

Directing specialized departments of the provincial Social Insurance and district Social Insurance to proactively coordinate in providing information and documents to the Public Security and the Procuracy on cases of law violations and signs of crimes in the field of social insurance, health insurance, and unemployment insurance discovered during the implementation of the industry's operations. If necessary, upon request, officers may be assigned to coordinate with professional units of the Procuracy and the Public Security in classifying, investigating, and handling violations of the law in the field of insurance; Invite representatives of the Provincial Public Security to participate in specialized inspection teams to inspect social insurance, health insurance, and unemployment insurance payments established by the Director of the Provincial Social Insurance at labor-using units and medical examination and treatment facilities.

Provincial Social Insurance officers conduct propaganda on Social Insurance and Voluntary Insurance for people in Hung Dung Ward, Vinh City. Photo courtesy of Thanh Chung

Provincial PoliceCoordinate promptly with the provincial Social Insurance to notify about violations and crimes occurring in the insurance sector and other violations of the law related to the insurance sector occurring in Nghe An province so that the provincial Social Insurance can take preventive measures within the social insurance sector at the provincial and district levels; Direct the professional departments of the provincial Public Security and the district-level Public Security to receive, classify, and handle denunciations, crime reports, and recommendations for prosecution in the fields of social insurance, health insurance, and unemployment insurance transferred by the social insurance agency according to the provisions of law; Direct the provincial Public Security Police Department to coordinate with the provincial Social Insurance to: Review and classify labor-using units and medical examination and treatment facilities with potential data on violations and crimes related to social insurance, health insurance, and unemployment insurance to proactively combat, investigate, prevent, detect and handle promptly; Send officers to participate in inspection and examination delegations of the provincial Social Insurance at labor-using units and medical examination and treatment facilities showing signs of violations and crimes; Instruct the Social Insurance agency to collect records, documents, and evidence to establish a case file to propose prosecution in accordance with the provisions of law; Coordinate and instruct the Social Insurance agency to review employers who have been administratively sanctioned for violations of social insurance, health insurance, and unemployment insurance but still do not comply and continue to repeat violations; for units showing signs of crime, a case file must be established for handling in accordance with regulations.

Provincial People's ProcuracyCoordinate with the provincial Social Insurance to direct the professional department and the district-level People's Procuracy to provide information on the situation of violations and crimes occurring in the insurance sector and other violations of the law related to the insurance sector occurring in Nghe An province, so that the Social Insurance agency can take preventive measures within the sector. Regularly coordinate closely with the provincial Social Insurance to promptly receive and classify denunciations, crime reports and recommend prosecution of acts prescribed in Articles 214, 215, 216 of the Penal Code, to take measures to handle or transfer to the investigation agency for handling according to law; Coordinate and exchange information with the provincial Social Insurance on the results of handling criminal cases prescribed in Articles 214, 215, 216 of the Penal Code within the scope of responsibility of the Procuracy; Direct the district-level Procuracy to proactively coordinate closely with district-level Social Insurance units to promptly handle violations and crimes in the insurance field in the management area.

The software system regularly updates social insurance participants. Photo courtesy of Duc Anh

Provincial People's Courtdirect specialized courts under the Provincial People's Court and District People's Court to conduct timely, strict and lawful trials of crimes related to social insurance, health insurance and unemployment insurance. Through trials of crimes related to social insurance, health insurance and unemployment insurance, invite media agencies to contribute to propaganda and raise awareness of individuals and organizations in complying with the provisions of the law on social insurance, health insurance and unemployment insurance in general, and the provisions of the Penal Code and Resolution 05/2019/NQ-HDTP in particular. Through trials of cases, recommendations of relevant agencies, organizations and individuals to overcome loopholes and shortcomings in management leading to violations and crimes.