Nghe An: Will prosecute units that commit fraud, evade payment, or delay payment of insurance

Overview of the conference to implement Resolution 05. Photo: Thanh Chung

On the afternoon of October 4, the Provincial Social Insurance coordinated with the Provincial People's Court, the Provincial Police, and the Provincial Procuracy to organize a Conference to deploy Resolution No. 05 dated August 15, 2019 of the Council of Judges of the Supreme People's Court guiding the application of Articles 214, 215, and 216 on the crime of fraud and evasion of payment of social insurance, health insurance, and unemployment insurance for employees of the Penal Code.

75/87 units have not yet complied with the penalty decision.

According to the report of Nghe An Social Insurance: Currently, the situation of fraud, evasion, and delay in payment of social insurance, unemployment insurance, and health insurance for employees is becoming more and more complicated. According to the law, employers must pay social insurance, unemployment insurance, and health insurance monthly. However, many employers owe social insurance, unemployment insurance, and health insurance for 6 months or more.

Specifically: In August 2019, the whole province had376 units owe social insurance, unemployment insurance, and health insurance premiums of more than 74 billion VND.This has seriously affected the rights of many workers, leading to frequent and prolonged complaints and denunciations.

Provincial Social Insurance Inspectorate officers conduct specialized inspections at enterprises. Photo: PA

After being administratively sanctioned, the units still repeat the act of owing social insurance, unemployment insurance, and health insurance. The provincial Social Insurance has applied coercive measures to withdraw money from the accounts of the violating organizations, but this coercion is not feasible when these accounts do not have available balances for coercion.

There is a legal basis for criminal proceedings.

Previously, the 2015 Penal Code stipulated the crimes of fraud and evasion of social insurance, health insurance and unemployment insurance in Articles 214, 215 and 216. However, state agencies have not yet issued documents guiding their implementation, so these crimes have not been applied, and organizations and individuals who have committed violations have not been criminally prosecuted.

Representatives of the Economic Police Department, Provincial Police contributed ideas on implementing the Resolution. Photo: Thanh Chung

At the Conference, delegates made comments and contributions to the effective implementation of Articles 214, 215, 216 of the Penal Code and Resolution 05, contributing to improving the effectiveness of crime prevention and control and handling of violations in the fields of social insurance, health insurance, and unemployment insurance, better protecting the legitimate rights and interests of workers.

Director of the Provincial Social Insurance, Le Truong Giang, said that he will review, classify and carry out legal procedures for a number of units. Photo: Thanh Chung