Court Does Not Handle Social Insurance Evasion Acts

The resolution of disputes related to social insurance (SI) will be under the jurisdiction of the Court in the following cases:

- Disputes regarding SI between employers (ERs), labor collectives, and employees (EEs)

+ In cases where the Chairman of the district People's Committee has resolved the dispute but the parties do not agree or the time limit for resolution has expired without resolution, the Court has the authority to accept and resolve the case and classify it as a labor case.

+ In cases where the Chairman of the district People's Committee has resolved the dispute but the parties do not agree and file a lawsuit against the resolution decision, the Court has the authority to accept and resolve the case and classify it as an administrative case.

- Disputes regarding SI between ERs, EEs, and the social insurance agency will be accepted and resolved by the Court and classified as an administrative case.

- From January 1, 2016, the Court will not accept lawsuits demanding money from the social insurance agency against ERs with actions such as evading payment, delayed payment, or misappropriation of SI funds.

Cases that were accepted before January 1, 2016, but have not been resolved, the Court will issue a decision to suspend, return the application, and guide the implementation according to the provisions of the Labor Code, the Law on Social Insurance, and the Law on Handling Administrative Violations.

More details can be found in Official Dispatch 105/TANDTC-PC&QLKH issued on April 14, 2016.

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