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The Ministry of Home Affairs is drafting a decree detailing a number of articles of the Law on Social Insurance on slow payment, evasion of compulsory social insurance and unemployment insurance; Complaints and denunciations on social insurance and sanctioning administrative violations in the field of social insurance. The Ministry of the Interior proposes a new stipulation of sanctioning administrative violations in the field of Social Insurance - Artwork of the Interior Affairs, said that on June 29, 2024, the National Assembly issued the Law on Social Insurance No. 41/2024/QH15 in which, some of the National Assembly assigned the Government to conform to practical requirements in social insurance work, including the content of social insurance for compulsory liability; Drinking compulsory social insurance, unemployment insurance; Measures to handle acts of slow payment of compulsory social insurance and unemployment insurance; Measures to handle acts of evasion of compulsory social insurance and unemployment insurance; Complaints and settlement of complaints for decisions and behaviors on social insurance and denunciations, settlement of denunciations about social insurance. Regarding slow payment and evasion of compulsory social insurance and unemployment insurance: This is a new content due to previous regulations on social insurance that has not specified the concept of slowly closing, hiding. No. 12/2022/ND-CP replaces Decree No. 28/2020/ND-CP dated March 1, 2020, which stipulates sanctions on administrative violations in the field of social insurance in order to promptly overcome difficulties and obstacles in the implementation process, ensure the uniformity and effectiveness of a number of new legal documents issued or have been newly amended and supplemented by the Law on Social Insurance in 2014. In 2015, the Penal Code 2015 was amended and supplemented in 2017, the decrees guiding the implementation of a number of articles of the Labor Code 2019). Decree No. 12/2022/ND-CP together with the law on handling administrative violations has created an effective legal corridor for the handling and sanctioning of administrative violations in the field of social insurance, contributing to raising the awareness of observance and compliance with laws, ensuring the legitimate rights and interests of individuals, agencies and organizations in the field of social insurance. However, up to now, the application in reality has appeared requirements, requiring sanctions on social insurance need to be continued to be completed, specifically as follows: First: The requirements from ensuring the uniformity and unity of the legal system after the Social Insurance Law No. 41/2024/QH15 are issued. problems and inadequacies in handling administrative violations in the field of social insurance, as in Clause 5, Article 39 of Decree No. 12/2022/ND-CP stipulating a fine of between 12% to 15% of the total amount of compulsory social insurance and unemployment insurance at the time of making a record of administrative violations but not more than 75 million VND for employers ... Pay before the time of making a record of administrative violations, so the development of the decree is very necessary to specify details, ensure the synchronization and unity of the legal system, overcome the problems and inadequacies in the past time, create a full legal corridor, contribute to raising the awareness of law compliance in the field of social insurance. 39, Clause 4, Article 40, Clause 4, Article 41, Clause 7, Article 130, Clause 5, Article 131. Stipulating a number of measures to implement the Law on Social Insurance, including: Urging the implementation of the responsibility for compulsory social insurance, unemployment insurance, slow handling measures to pay, evade social insurance and unemployment insurance; complaints and denunciations about social insurance; Order and procedures for settling complaints and denunciations about social insurance; handling violations of law in settling complaints and denunciations about social insurance; sanctioning administrative violations of social insurance. Importing administrative violations in the social insurance dominance According to the draft, organizations and individuals who commit administrative violations in the field of social insurance shall be sanctioned in the form of sanctions, which are fines. Property, the extent of violations, organizations and individuals that commit administrative violations may be applied for additional sanctions. The field of social insurance according to the Decree stipulates the sanctioning of administrative violations in the field of social insurance. The method of overcoming the form of cash sanctions, additional sanctions, individuals and organizations violating administrative violations in the field of social insurance may be applied one or some of the following remedial measures: 1-Forcing the employer to pay the full amount equivalent to the compulsory social insurance premium, unemployment insurance for the employee plus the interest of that money.2- Forcing the employer to pay the full amount of compulsory social insurance, the unemployment insurance must pay it to the social insurance agency. Social insurance fund, unemployment insurance fund; If not implemented, at the request of the competent person, the bank, other credit institutions, the State Treasury shall be deducted from the employers deposit account to pay the late payment, hide and the amount equal to 0.03%/day on the amount of social insurance, slow unemployment insurance, hide and the number of slow-paid, hiding days. apprenticeship, support for training, retraining, improving the qualifications of vocational skills to maintain jobs for workers who have received and the interest of this amount.5- forcing employers to refund the employee to the amount of compulsory social insurance benefits of the employee and the interest of this money.6- forcing the vocationa
