Presenting a summary of the draft law, Minister of Home Affairs Nguyen Tien Hai stated that the enactment of the Law amending and supplementing several articles of the Law on Social Insurance is intended to institutionalize the Party’s guidelines and policies regarding the streamlining of organizational structures and local government administration; the decentralization ang delegation of authority, the promotion of science, technology, innovation, and digital transformation; and socio-economic development—as outlined in various Party’s resolutions. Furthermore, it aims to address existing legal gaps, thereby facilitating processes for citizens, businesses, and social insurance agencies during implementation.

Accordingly, the draft Law introduces amendments regarding the designation and responsibilities of ministries, sectors, and People’s Committees concerning the implementation and state management of social insurance. It also revises certain provisions on the investment schemes and content for the social insurance fund, while repealing specific requirements for administrative documentation and procedures—leaving these to be regulated by the Government—to ensure greater flexibility, practical relevance, and a more robust effort toward the reduction and simplification of administrative procedures.

The main content of the draft law includes:

Amendments and supplements regarding the arrangement of organizational structures and the two-tier local government system:

The draft Law proposes amendments concerning non-professional personnel (part-time officials/staff) and their participation in compulsory social insurance (SI), ensuring alignment with legislation on the organization of local government. It also revises the authority to determine the number of leave days for health recuperation and rehabilitation following sickness or maternity—specifically for employers that do not have a grassroots trade union—in line with the policy to phase out trade unions within state administrative agencies and the armed forces.

At the same time, the draft amends and supplements the responsibilities of the SI agency, as well as the state management responsibilities regarding SI —assigned to the Ministry of Finance, the Ministry of Labour, Invalids and Social Affairs (now the Ministry of Home Affairs), the Ministry of Health, and People’s Committees at all levels—to align with the current legal status, duties, and authority of these ministries and agencies.

Amendments and refinements to social insurance (SI) regimes and policies:

Regarding SI coverage: To ensure a feasible, step-by-step roadmap for expanding SI coverage to include individuals without formal employment relationships—such as those working on digital platforms—the draft law (revising the 2024 Law on Social Insurance) proposes the following: Based on the socio-economic development conditions of each period, the Government shall submit to the National Assembly Standing Committee a proposal on mandatory SI participation for individuals without formal employment relationships, digital platform workers, and other groups with stable, regular employment and income, ensuring an appropriate implementation roadmap. The Government will direct relevant agencies to research and specifically institutionalize this provision following the adoption of a new resolution on wage and SI policies by the Party Central Committee.

Regarding supplementary pension insurance: The draft law proposes amending the 2024 Law on Social Insurance to allow individual employees to participate directly  in supplementary pension insurance on a voluntary basis, without the requirement to go through their employers—a provision consistent with the 2014 Law on Social Insurance.

The draft law also amends and supplements several provisions to establish a favorable legal framework for individuals, businesses, and relevant authorities during implementation. This includes provisions for authorizing another person to handle SI matters, as well as the disbursement of pensions and SI allowances directly into the beneficiaries' bank accounts. Furthermore, it grants the Government the authority to provide detailed regulations on the methods for distributing pensions and SI benefits, the duration for voluntary SI contributions, and the funding sources to cover maternity benefits within the voluntary SI scheme.

Amendments and refinements aimed at unlocking resources and enhancing the investment efficiency of the SI Fund:

Minister of Home Affairs Nguyen Tien Hai stated that, in order to appropriately expand the investment portfolio of the SI Fund, the draft law proposes amendments and supplements that establish principles for investing in deposits at joint-stock commercial banks—specifically those in which the State or state-owned enterprises hold more than 50% of the charter capital. The draft authorizes the Government to specify the criteria, mechanisms for evaluation and selection, oversight, risk control, the roadmap for portfolio diversification, investment structure, and the methods for investing the SI Fund.

Reduction and simplification of administrative procedures:

The draft law repeals provisions regarding documentation and procedures currently found in the Law on Social Insurance, delegating the authority to specify these details to the Government to ensure flexibility and proactiveness.

Effective date:

It is proposed that the new Law take effect on March 1, 2027.

Presenting the summary report on the review of the draft Law, Chairman of the Committee for Culture and Social Affairs Nguyen Dac Vinh stated that the Committee supports the necessity and the scope of the amendments and supplements proposed in the draft law. The documentation has been prepared comprehensively and in accordance with the prescribed procedures. The provisions of the draft law are, in principle, consistent with the guidelines and policies of the Party, the Constitution, and relevant international treaties to which Viet Nam is a party; they are also aligned with the overall legal system.

However, it is recommended that the Government: (i) direct the drafting agency to continue reviewing the draft Law to ensure its compatibility with relevant international treaties to which Viet Nam is a party, as well as its consistency with the overall legal system, while preventing any legal gaps or implementation challenges; and (ii) focus on developing administrative procedures aimed at reducing processing times, documentation requirements, procedural steps, and compliance costs.

Regarding the scope of SI participation:

The Committee for Culture and Social Affairs generally concurs in principle with the Government’s proposal and rationale, which aim to gradually expand the coverage of SI, safeguard laborand social security rights, and fulfill the objectives set forth in Resolution No. 28-NQ/TW on the reform of social security policy.

However, the inclusion of  "individuals working without an employment relationship" and "those working on digital platforms" within the scope of mandatory SI is a extreme broad and lacks feasibility. Therefore, it requires careful consideration and a thorough, multidimensional impact assessment.

Regarding the SI Fund investment portfolio:

The Committee for Culture and Social Affairs observes that the Government has, in principle, incorporated the feedback and amended the draft Law to include only general provisions regarding the banks eligible to receive deposits from the SI Fund. In addition, the Government will be tasked with specifying the criteria and mechanism for the assessment, selection, monitoring and risk control.

The draft Law needs to include specific provisions regarding the responsibilities of relevant agencies in the investment of the Fund—particularly the roles of the Governing Body of Viet Nam Social Security and the Viet Nam Social Security (VSS) itself—in determining and being accountable to the Government for the investment portfolio, investment structure, and specific investment methods. This is essential to ensure the safety, preservation, sustainability, and efficiency of the SI Fund.

Regarding supplementary pension insurance:

The Committee for Culture and Social Affairs proposes that the Government maintain the provisions as stipulated in the current Law on Social Insurance.

Regarding the Governing Body of VSS:

The Committee for Culture and Social Affairs commends the Government for fully incorporating the feedback provided by the National Assembly Standing Committee and the primary reviewing body. The Committee concurs with the revisions to the draft Law, which specify the composition of the Governing Body and clearly identify the relevant ministries and sectors. Furthermore, the draft retains provisions concerning the inspection authority of VSS, as well as the responsibility of VSS to participate in and coordinate the implementation of state management over SI.