Standing Vice Chairman of the NA Do Van Chien chairs the discussion session

According to the Government’s submission, after more than one year of implementation, most provisions of the 2024 Law on Social Insurance have been put into practice and are being implemented smoothly. However, several legal gaps remain, and a number of provisions have yet to ensure consistency, create sufficient incentives to expand social insurance coverage, or unlock investment resources for the social insurance fund. Therefore, amending and supplementing the 2024 Law on Social Insurance is necessary to ensure that it remains aligned with practical situation.

Expanding compulsory social insurance coverage to workers without employment relationships and platform workers is supported by NA deputies

The majority of full-time NA deputies supported amending the Law on Social Insurance to improve the social security system in the digital era. Regarding those subject to compulsory social insurance, Deputy Chairman of the NA’s Committee on unlock Culture and Society Lam Van Doan said that people working on digital platforms are a new group, being regulated by law for the first time. In practice, this group is gradually becoming more common in the labor market. Meanwhile, the legal framework governing labor, employment and social insurance, as well as various labor and social security standards, has not been timely updated to cover these workers, resulting in legal gaps.

Deputy Chairman of the NA’s Committee on Culture and Society Lam Van Doan stated:

Doan said that the Government’s submission of the draft Law Amending and Supplementing a Number of Articles of the Law on Social Insurance was a positive step. However, he noted that the draft provisions remained largelyB general in nature and do not yet ensure feasibility. He said that when a new form of labor emerges in the market, all related issues concerning collection and expenditure, contribution and benefits, and mechanisms for establishing the fund must be thoroughly studied and assessed for their impacts. At the same time, new legal mechanisms different from traditional ones should be developed. Therefore, he proposed conducting a thorough impact assessment of this group in accordance with Article 34 of the Constitution.

Sharing this view, NA Deputy Thach Phuoc Binh from Vinh Long Province said that the draft law’s inclusion of workers without employment relationships and platform workers to the group subject to compulsory social insurance was an appropriate approach, as these workers may have regular incomes but are not yet fully protected by the social security system.

However, he noted that the two concepts defined in the draft law have very broad scopes and could encompass people working under different arrangements and with varying degrees of dependence. He proposed that the draft law clearly define criteria for identifying those subject to compulsory social insurance, rather than relying solely on the name of a contract or the form of employment.

Regarding platform workers, Deputy Thach Phuoc Binh proposed clarifying platforms’ responsibilities for verifying income, providing data, paying social insurance premiums, and coordinating the collection and payment when a platform directly controls the assignment of work.

Appropriate arrangements are also needed for people working on multiple platforms, those with irregular incomes, and part-time workers. The Deputy said that before compulsory obligations are established, there should be a specific assessment of contribution rates, the contribution base, the responsibilities of workers and platforms, and the benefits to which workers would be entitled. Furthermore, he called for research into flexible contribution mechanisms and appropriate support for low-income groups, while avoiding duplicate contributions when a worker is already covered by compulsory social insurance through another employment relationship.

Also commenting on expanding compulsory social insurance coverage, NA Deputy Ly Thi Lan from Tuyen Quang Province said that when participation shifts from being encouraged to being mandatory, the law must clearly determine who is subject to compulsory participation, from what point in time, and how the groups are defined.

She said that the law should immediately establish fundamental criteria for identifying eligible groups as the basis for the obligation to participate. Specific contribution and collection premiums and payment procedures could be assigned to competent authorities for detailed regulation, thereby ensuring flexibility while allowing people to know in advance their rights and obligations.

Digitalization must not become a barrier to accessing social insurance policies

Regarding electronic social insurance book, Deputy Ly Thi Lan expressed support for using electronic social insurance book, utilizing data and reducing paperwork. However, based on  the practical experience in mountainous areas, she suggested that when designing procedures, the draft law must take into account people who do not have access to smart devices, have limited digital skills, or face unstable data connectivity. Electronic procedures must not become a new barrier to exercising social insurance rights.

According to the deputy, the draft legislation is also designed to make use of existing data to reduce the number of required documents while maintaining multiple channels of access. She proposed that when detailing procedures for participation and benefit settlement, people should be allowed to choose the method that best suits their circumstances. In case conditions are not yet sufficient for procedures to be conducted entirely electronically, direct  submission or support at the local level is still possible.

At the same time, information already held and accessible by state agencies should not be requested again from citizens. In the event of a disruption to the data connection or electronic authentication system, alternative measures must be in place to ensure that the processing of people’s entitlements is not delayed.

Sharing Deputy Ly Thi Lan’s view, NA Deputy Tran Thi Dieu Thuy from Ho Chi Minh City proposed maintaining appropriate procedures for the elderly, people with disabilities, those without bank accounts, and those experiencing techlology difficulties. In addition, the electronic system should have a function to directly notify workers when enterprises delay or pay insufficient social insurance premiums, or register an incorrect salary level as the basis for contributions. This would allow workers to promptly report violations to social insurance officies and trade unions.

The draft law should also establish mechanisms to protect workers’ rights from the moment a violation occurs, while strengthening responsibilities for providing and sharing data among social insurance officies, state management agencies and trade unions.

It should also more clearly define trade unions’ authority to represent workers in requesting rê action and initiating legal proceedings. This would provide trade unions with sufficient information and legal tools to promptly and effectively protect workers’ social insurance rights.

Standing Vice Chairman of the NA Do Van Chien delivers concluding remarks

Regarding the proposal to expand the network of banks eligible to receive deposits from the social insurance fund, NA Deputy Nguyen Thi Viet Nga from Hai Phong said that the Social Insurance Fund consisted of accumulated contributions from employees and employers. Therefore, any expansion of the approved deposit institutions for the fund’s assets is strictly contingent upon demonstrating adequate safety standards and effective risk management.The NA/representative proposed that the drafting agency clearly establish minimum principles in the law, including limits on the proportion of deposits held at individual banks and groups of banks, as well as the authority responsible for decision-making, accountability and disclosure of investment results. She also proposed providing NA deputies and the NA with data-based comparative assessments of maintaining the current regulations versus expanding the network of eligible banks.

Regarding the proposal not to stipulate in the law the social insurance office’s authority to conduct inspections and its responsibility to coordinate with state management, the deputy proposed retaining the current provisions. She argued that without sufficiently strong inspection powers for social security offcies, workers could be adversely affected in the process of receiving social insurance benefits.

Concluding the discussion, Standing Vice Chairman of the NA Do Van Chien asked the Government to direct the agencies responsible for drafting the legislation to closely coordinate with the National Assembly’s Committee on Culture and Society, conduct thorough research, and fully consider the deputies’ opinions, provide clear explanations for issues that are not incorporated into the draft, review the consistency of the legal system, and ensure the necessary conditions for implementation.