What is the list of 100 enterprises delaying the payment of social insurance premiums for their employees in Hanoi as of early May 2024?
- What is the list of 100 enterprises delaying the payment of social insurance premiums for their employees in Hanoi as of early May 2024?
- What are the penalties imposed on employers delaying the payment of social insurance premiums for their employees in Vietnam?
- In 2024, what is the latest formula for calculating late payment interest on social insurance premiums? How long is the period of delaying the payment of social insurance premiums to which the late payment interest shall be charged?
What is the list of 100 enterprises delaying the payment of social insurance premiums for their employees in Hanoi as of early May 2024?
On May 13, Hanoi Social Insurance announced a list of 100 units and employers delaying the payment of social insurance, health insurance, and unemployment insurance premiums for their employees in Hanoi; the delay period is more than 6 months as of early May 2024.
The list published this time is mostly enterprises with late payment interest of less than VND 100 million, of which construction enterprises account for a high proportion. Enterprises engaged in private education and media sectors also delay premium payment and have outstanding debts.
The list of 100 enterprises delaying the payment of social insurance premiums for their employees in Hanoi is specified as follows:
Download the List: here
What are the penalties imposed on employers delaying the payment of social insurance premiums for their employees in Vietnam?
In Clauses 5 and 10, Article 39 of Decree 12/2022/ND-CP on violations against regulations on payment of compulsory social insurance premiums as follows:
Violations against regulations on payment of compulsory social insurance and unemployment insurance premiums
...
5. A fine equal to 12% to under 15% of total amount of compulsory social insurance and unemployment insurance premiums payable at the date of issuance of violation record, but not exceeding VND 75.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Making late payment of compulsory social insurance and unemployment insurance premiums;
...
10. Remedial measures
a) The employer that commits any of the violations in Clauses 5, 6, 7 of this Article is compelled to pay total amount of compulsory social insurance and unemployment insurance premiums payable to social insurance authorities;
b) The employer that commits any of the violations in Clauses 5, 6, 7 of this Article for a duration of at least 30 days is compelled to pay an amount of interest charged on insurance premiums accrued due to late payment, non-payment, evasion of payment or appropriation of payments, which is calculated by using the interest rate that is 02 times higher than the average interest rate of investment made by the social insurance fund in the previous year. If not doing so, at the request of competent persons, banks, other credit institutions or state treasuries shall withdraw money from the violating employer’s deposit accounts to transfer deferred amounts or outstanding amounts of insurance premiums plus the interest on such amounts, which is calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to the account of the relevant social insurance authority.
Thus, according to the above regulations, A fine equal to 12% to under 15% of the total amount of compulsory social insurance premiums payable at the date of issuance of violation record, but not exceeding VND 75.000.000 shall be imposed on employers delaying the payment of social insurance premiums for their employees.
*Note: The above fine applies to individuals. For organizations, the fine shall be doubled.
At the same time, the employers must adopt remedial measures specified in Clause 10, Article 39, Decree 12/2022/ND-CP.
In 2024, what is the latest formula for calculating late payment interest on social insurance premiums? How long is the period of delaying the payment of social insurance premiums to which the late payment interest shall be charged?
Under Clause 3, Article 37, Decision 595/QD-BHXH 2017, the latest formula for calculating late payment interest on social insurance premiums in 2024 is prescribed as follows:
The late payment interest on compulsory social insurance premiums shall be calculated as follows:
Lcdi = Pcdi x k (VND) (1)
Where:
* Lcdi: The late payment interest on compulsory social insurance contributions or premiums of health insurance, unemployment insurance or occupational accident and occupational disease insurance calculated in the month i (VND)
* Pcdi: Insurance premiums that are paid late and subject to interest in the month i and shall be calculated as follows:
Pcdi = Plki - Spsi (VND) (2)
Where:
Plki: Total accumulated insurance contributions or premiums until the end of the month preceding the month i (excluding late-payment interest and unpaid interest in the previous periods (if any)).
Spsi: Amount of insurance contributions or premiums payable whose payment is not overdue and shall be specified as follows:
+ In case of monthly payment of insurance contributions or premiums: Spsi shall equal to the monthly contributions or premiums of the month preceding the month i;
+ In case of quarterly or biannual payment of insurance contributions or premiums: Spsi shall equal to the total monthly premiums payable of the months preceding the month i in which the contributions or premiums are not mature.
* k: rate of late payment interest at the time of interest calculation and shall be specified as follows:
- Regarding compulsory social insurance, unemployment insurance, occupational accident and occupational disease insurance, k shall be equal to 2 times the monthly average investment interest rate of social insurance fund of the preceding year announced by Vietnam Social Security.
- In case of health insurance, k shall be equal to 2 times the monthly interest rate of the interbank market with a term of 9 months announced by the State Bank of Vietnam on the Portal of the State Bank of Vietnam in the preceding year. If the interest rate of interbank market of the preceding year has it term other than 9 months, the interest rate of the term preceding the 9-month term shall be applied.
Thus, if employers pay compulsory social insurance or premiums after the prescribed time limit of 30 days or more, they shall pay the interest on unpaid social insurance premiums. (Clause 1, Article 37, Decision 595/QD-BHXH, 2017).
Thư Viện Pháp Luật