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Limiting social insurance debt of businesses by applying sanctions Case study of businesses in Thanh Xuan district, Hanoi city - 12

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APPENDIX

IN-DEPTH INTERVIEW QUESTIONS

FOR GRADUATION THESIS: "LIMITING THE SITUATION OF SOCIAL INSURANCE DEBT OF ENTERPRISES IN THANH XUAN DISTRICT (CASE STUDY OF ENTERPRISES IN THANH XUAN DISTRICT, HANOI CITY"


Performed by student: Dang Thi Huyen Trang

Class: Master of Management Science, University of Social Sciences and Humanities, VNU

Interview subjects: 8 people, including: 2 Hanoi city social insurance officials, 2 Thanh Xuan district social insurance officials, 2 business owners who owe social insurance payments, and 2 workers.

Interview format: Face-to-face interview.


I. PART ONE OF THE INTERVIEW

1. General information

- Gender: Male, age: 50

- Position: Officer

- Working unit: Hanoi Social Insurance

2. Interview content

Question 1: According to you, in the face of increasing social insurance debt, especially the amount of debt requiring interest is much higher than in previous months, what solutions has Hanoi City Social Insurance been implementing?

Reply:

It must be said that we always determine that timely collection and collection of social insurance and health insurance premiums is important in protecting the legitimate rights and interests of employees. Recently, Hanoi Social Insurance has drastically implemented many solutions to enhance collection and reduce social insurance and health insurance debt. To reduce debt


Social insurance and health insurance premiums are at the lowest level, City Social Insurance. Hanoi continues and strengthens the synchronous implementation of the following solutions:

Require specialized collection officials to closely follow the unit to urge timely payment of monthly arising amounts, and request the unit to make a plan to repay social insurance and health insurance premiums.

Monthly, report on the implementation of social insurance and health insurance policies in the area to the Party Committee and local authorities for direction. Publicize the identity of the unit that owes social insurance and health insurance premiums on the mass media.

Promote unscheduled inspections for units with outstanding social insurance and health insurance debts of 3 months or more. At the end of the inspection, a handling decision must be issued and the handling results sent to the authorities as a basis for handling penalties. the.

Continue to promote propaganda of social insurance and health insurance policies and laws to employers and employees to change awareness, thereby changing the behavior of employers and employees, so that they voluntarily participate and pay social insurance and health insurance. promptly according to the provisions of law.

Question 2: One of the solutions expected to resolve the situation of social insurance debt in the 2014 Law is to sue businesses in court, so what are the actual implementation results, sir?

Reply:

Since the trade union organization implemented the regulations to sue enterprises that owe social insurance debt to court, from 2016 up to now, the social insurance agency has completed the dossier requesting the trade union organization to sue 592 units, with the number Social insurance debt is 475.6 billion VND. The Trade Union has sent a notice of lawsuit and reminded the units to fulfill their obligation to pay the outstanding social insurance amount. Thereby, some units have resolved to pay all or part of the debt, the amount of debt recovered is 100.1 billion VND. In reality, the process of initiating lawsuits by trade unions still faces difficulties due to inconsistent regulations and procedures for initiating lawsuits between legal documents. Currently, to initiate a lawsuit for social insurance debt, there must be a power of attorney from the employee or a power of attorney from the grassroots trade union organization, and must go through the conciliation procedure of the Chairman of the District People's Committee. But in reality, the organization of the trade union goes to all the committee's opinions


The rights of thousands of workers are difficult to achieve, and few grassroots trade unions come forward to sue their own employers. On the employee's side, they also do not dare to authorize a lawsuit against the business owner when they themselves need a job. The employer always avoids, does not cooperate with the authorities, does not sign the debt comparison record as a basis to complete the lawsuit file...

Question 3: According to you, from the above problems, the City Social Insurance will be paid. How do Hanoi and the authorities deal with, especially the rights of employees in bankrupt and dissolved enterprises?

Reply:

From the practice of organizing and implementing tasks, the City Social Insurance. Hanoi is still actively proposing to the authorities to soon complete the provisions of the law, creating a full mechanism for handling social insurance and health insurance debt to be resolved, in order to better and better ensure the rights of people. Social insurance and health insurance participants.

Currently, the Supreme People's Court is also finalizing documents guiding the process of initiating lawsuits against units with arrears of social insurance and health insurance as well as handling violations of social insurance and health insurance laws, according to the provisions of the provisions of the Law on Social Insurance and Health Insurance. Articles 214, 215, 216 of the Penal Code. We believe that when these difficulties and obstacles are removed, there will be positive impacts on social insurance and health insurance debt collection.

II. SECOND INTERVIEW PART

1. General information,

- Gender: Female. Age: 45

- Position: Officer

- Working unit: Hanoi Social Insurance

2. Interview content

Question 1: According to you, in the face of increasing social insurance debt, especially the amount of debt requiring interest is much higher than in previous months, what solutions has Hanoi City Social Insurance been implementing?

Reply:


We also implement many measures to reduce the outstanding social insurance debt rate of units, such as the following measures:

Every month, we send notices of social insurance, health insurance, and unemployment insurance payment results to each enterprise. Collection management officers send debt notices on the 15th of every month to each enterprise.

Promote unexpected inspections and checks for units with outstanding social insurance and health insurance debts of 3 months or more, to check the operating situation of businesses and share with businesses to solve difficulties.

Continue to promote propaganda of social insurance and health insurance policies and laws to employers and employees to change awareness and improve their understanding of social insurance and health insurance policies and laws.

Question 2: One of the solutions expected to resolve the situation of social insurance debt in the 2014 Law is to sue businesses in court, so what are the actual implementation results, ma'am?

Reply:

The situation of outstanding social insurance debt of businesses is becoming complicated. As of August 2019, there were over 32,642 units that owed social insurance, health insurance, and unemployment insurance with

454,029 workers; The amount of debt for social insurance, health insurance, and unemployment insurance that must be calculated with interest is 1,811.4 billion VND, accounting for 4.17% of the revenue plan.

From 2016 up to now, the social insurance agency has completed the dossier requesting the trade union to sue 592 units, with the social insurance debt of 475.6 billion VND. The Trade Union has sent a notice of lawsuit and reminded the units to fulfill their obligation to pay the outstanding social insurance amount. Thereby, some units have resolved to pay all or part of the debt, the amount of debt recovered is 100.1 billion VND.

Reality shows that the work of urging social insurance and unemployment insurance collection and reducing the debt ratio of social insurance and unemployment insurance contributions is increasingly difficult. Currently, Hanoi City still has about 70,000 businesses with more than 410,000 employees who declare taxes but do not participate in social insurance. As of August 2019, 10,534 businesses have ceased operations

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