Overview of the session

After over a year of implementing the 2024 Law on SI, most of its provisions have been put into practice and are being implemented smoothly. However, there remain certain legal gaps and a small number of provisions that are not yet consistent and do not create sufficient incentives for expanding coverage and unlocking resources for investment of the SI Fund. Therefore, amending and supplementing the 2024 Law on SI is necessary to ensure its conformity with practical circumstances.

The Draft Law consists of three articles; of which, Article 1 provides for amendments and supplements; Article 2 provides for replacement and repeal of provisions; and Article 3 provides for implementation provisions. The scope of regulation of the amending and supplementing Law remains unchanged compared with the 2024 Law on SI.

The amendments and improvements include those related to the restructuring of the organizational apparatus of the political system and the organization of the two-tier local government system; amendments and improvements to SI  regimes and policies; and amendments and improvements related to unlocking resources and enhancing the efficiency of investment of the SI  Fund…

The Draft Law also repeals provisions on SI dossiers and procedures; and supplements a provision stipulating that the Government shall, based on the extent to which national and specialized databases meet the requirements for exploitation and use, prescribe the replacement and reduction of dossier components in administrative procedures.

At the session, delegates agreed on the necessity and scope of the amendments and supplements; their conformity with the Party's guidelines and policies; constitutionality, legality, and consistency with the legal system; compatibility with international treaties; the necessity and reasonableness of administrative procedures; decentralization and delegation of authority; the application of science and technology and the promotion of innovation and digital transformation; ensuring gender equality and ethnic minority policies; ensuring national defense and security requirements; financial resources; and human resources, as stated in the Submission.

However, several issues need to be noted, including the need to continue reviewing and studying the provisions to ensure that the amendments and supplements are synchronized and consistent within the Draft Law itself and with relevant laws. In the process of developing and promulgating regulations on administrative procedures, attention should be paid to ensuring administrative reform in the direction of reducing processing time, required documentation, procedure requirements, and compliance costs, while promoting electronic transactions to facilitate the participation in and enjoyment of SI policies and regimes by people, workers, agencies, enterprises, and organizations...

In addition, many opinions called for clarification of a number of specific issues, such as the supplementation of provisions on the groups of “persons working without an employment relationship and persons working on digital platforms.” The concept of “working on digital platforms” should be defined in a sufficiently precise and clear manner, while a specific roadmap should be added for bringing these new groups into compulsory SI. This is intended to ensure that by 2030, 60% of the labor force will be covered, as targeted. The provision concerning the SI Management Council should be retained as stipulated in Article 19 of the 2024 Law on SI to ensure openness and transparency in social insurance management…

Speaking at the session, Chairman of the Committee on Culture and Social Affairs Nguyễn Đắc Vinh said that the amendments and supplements to a number of articles of the Law on SI this time are intended to meet various new requirements arising in practice. However, policies related to investment of the SI Fund need to be thoroughly reviewed and their impacts carefully assessed in conjunction with strict control mechanisms.

Chairman Nguyễn Đắc Vinh also requested the Drafting Committee to fully take into account the comments receivedand continue reviewing the Draft Law for further refinement in the direction of ensuring consistency within the legal system, clarifying the responsibilities of relevant agencies, ensuring that all documents required by regulations are complete, and meeting all conditions for submission to the Standing Committee of the National Assembly for consideration and comments./.