Wrong collection of social insurance with thousands of business household owners: How to handle?

Right before the 5th session, the 15th National Assembly, the People’s Volunteers Committee of the National Assembly reflected the opinions of many local voters about the wrong collection of regulations on compulsory social insurance for thousands of owners of individual business households. during the past 18 years.

The results of the report of the People’s Committee show that from 2003 to 2021, social insurance agencies in many localities have incorrectly collected compulsory social insurance for owners of individual business households who are not covered by insurance. compulsory social insurance. Incomplete statistics as of September 2016, 4,240 individual business owners in 54 localities were wrongly collected, causing many prolonged frustrations.

During the question-and-answer session at the National Assembly on labor, war invalids and social affairs today, June 6, the National Assembly deputies questioned how the issue of wrongful collection of social insurance would be handled. whose responsibility is that?

Wrongly collected about the title of the chapter

Delegate Ma Thi Thuy, National Assembly Delegation of Tuyen Quang province questioned the viewpoint of solving the wrong collection of social insurance for individual business household owners, causing more than 4,000 individual business household owners to have paid social insurance. Mandatory association for many years but now “suspended” pension.

Also raised the issue that many localities have the status of collecting compulsory social insurance for business owner Individually, delegate Huynh Thi Phuc, Delegation of the National Assembly of Ba Ria-Vung Tau province wondered if there was a negative in collecting social insurance premiums and asked to clarify the responsibilities of related parties and solutions. decided in the near future.

Explaining this issue, Minister of Labor, Invalids and Social Affairs Dao Ngoc Dung affirmed that the collection of compulsory social insurance for individual business households is wrong in policy. This responsibility belongs to the implementing agency, Vietnam Social Security, especially social insurance of localities.

According to the Minister, this false collection took place from 2003 to 2016 and has been discovered. The Ministry of Labour, Invalids and Social Affairs has worked with Vietnam Social Insurance and has written corrections, basically this issue has been resolved.

Minister Dao Ngoc Dung further informed that most of the problems have been flexibly handled by localities with business household owners, in some cases agreeing to switch to voluntary insurance contributions, in many cases requesting to withdraw, There are cases where it is recommended to switch to compulsory insurance, but this is not yet regulated in the Law on Social Insurance, so it needs to be evaluated very specifically.

“In terms of personal opinion, I think it is necessary to put the interests of employees and business owners first. If public agencies make mistakes, they must apologize and handle them according to regulations,” said Minister Dao Ngoc Dung.

[Xử lý nghiêm các hành vi trục lợi nguồn quỹ BHXH, BHYT]

Regarding the concern of delegate Huynh Thi Phuc, the Minister said that no negatives have been detected, but this collection is wrong in terms of policy and responsibility to be handled in accordance with current law.

Specific information on basic solutions, Minister Dao Ngoc Dung said that in the law-making program, it was proposed to include individual business household owners in the group of subjects to pay compulsory insurance when amending the Law on Social Insurance. .

If permitted by the National Assembly in the Resolution to question this session, the Ministry of Labor, War Invalids and Social Affairs shall propose the National Assembly to assign the Government to take necessary measures to ensure the interests of workers, such as the If the employee has a need and has no need, he/she can switch to voluntary insurance.

In case both the employee and the authorities disagree, it is necessary to withdrawreturning benefits to employees, calculating interest at least equal to the growth of the Social Insurance Fund.

Additional business household owners participating in compulsory social insurance

Participating in the explanation as the management agency of the Social Insurance Fund, Finance Minister Ho Duc Phuc said that in 2003, implementing the policy of expanding social insurance coverage, Vietnam Social Insurance There have been documents guiding some provinces on paying social insurance premiums.

In 54 provinces, the collection of 4,240 objects from 2003 to 2016 had a policy of stopping, but there were some subjects that continued to pay until 2020.

The Minister of Finance said that the above collection was not in accordance with the law. Specifically, the law on social insurance is required to have an insurance contract, but here, business owners do not have contracts, but only with employees. The employees are entitled to compulsory social insurance, but for the heads of households, there are no contracts, so they are not allowed to pay insurance.

According to the Minister of Finance, these subjects are both household heads and income earners, so participating in compulsory social insurance can be considered acceptable but not regulated by law. can be concluded that wrong object.

Minister Ho Duc Phuc said he had discussed with the Ministry of Labor, Invalids and Social Affairs when amending the Law on Social Insurance to allow business household owners to participate in compulsory social insurance.

PV Group (Vietnam+)