Draft Law on Social Insurance (amended): participants’ added rights and benefits proposed
30/06/2023 09:25 AM
To prepare for the preliminary examination of the Draft Law on Social Insurance (amended), the National Assembly (NA) Committee for Social Affairs had a meeting with leaders of the Ministry of Labour, Invalids and Social Affairs on June 20. The Draft Law on Social Insurance (amended) will be submitted for debate at the 15th NA’s 6th session slated for October and for approval at the 15th NA’s 7th session in May, 2024.
Chairman of the NA’s Committee for Social Affairs Nguyen Thuy Anh takes the floor
In the opening remarks, Chairman of the NA’s Committee for Social Affairs Nguyen Thuy Anh said, per the National Assembly’s Resolution No 50/2022/QH15 dated June 13, 2022 on the programme on formulation of laws and ordinances of 2023 and modification of the programme on formulation of laws and ordinances of 2022, the Draft Law on Social Insurance (amended) will be submitted to the 15th NA’s 6th sitting (October, 2023) for debate and to the 15th NA’s 7th sitting for approval (May, 2024). Anh said the Law on Social Insurance is a very challenging law and permanent members of the NA’s Committee for Social Affairs will examine the draft law at a working session in August. Therefore, the working session [with the Ministry of Labour, Invalids and Social Affairs] aims to provide more information for the committee members on the Draft Law on Social Insurance (amended).
More opportunities, added benefits for participants
Deputy Minister of Labour, Invalids and Social Affairs Le Van Thanh said the Draft Law on Social Insurance (amended) consists of nine chapters and 135 articles on the basis of the structure of the Law on Social Insurance 2014 and adds regulations on social pension benefits; management of the collection and contribution of social insurance premiums; and investment activities of the social insurance fund. As compared to the Law on Social Insurance 2014, the Draft Law on Social Insurance (amended) has major changes. The draft amended law adds regulations on social pension benefits to build a multi-tiered social security system; broadens compulsory social insurance subjects; supplements sickness and maternity benefits for part-time workers in communes, wards and townships; supplements maternity allowance into the voluntary social insurance regime; reduces the minimum years of contribution to the social insurance fund needed to be eligible for pension benefits from 20 years to 15 years; supplements regulations on the management of collection and contribution of compulsory and voluntary social insurance premiums; and revises regulations related to wages in the State sector per Resolution No 27-NQ/TW.
Vice Chairman of the NA’s Committee for Social Affairs Dang Thuan Phong speaks at the working session
Speaking of some highlights of the draft amended Law on Social Insurance, Vice Chairman of the NA’s Committee for Social Affairs Dang Thuan Phong said the Draft Law is revised towards building a multi-tiered social security system, however, content of the policies and composition of the tiers are not clearly defined. Although additional security regulations are instructed by the Government in the Law on Social Insurance 2014, after seven years of implementation, there has been no evaluation of this content. Thus, it is necessary to supplement information on the evaluation on this content to create support and consensus with the policies. Regarding reports on the impacts of the policies, impacts of additional regulations such as the responsibility of State management, implementation of social insurance, benefits for labourers who are ineligible for pensions and who are underage for social pensions, etc. have not been fully evaluated.
On the occasion, the committee members raised a number of issues that need to be considered during the examination of the draft amended law, namely: coverage remains low; lump-sum withdrawal among people in the working age has been on the rise in recent years; increased working age leading to corresponding increase in retirement age is placing great pressure on direct labour and employment in hazardous working conditions; pressure on the State budget for social pension is going up due to the country’s rapidly aging population and the low social insurance coverage, both compulsory and voluntary.
VSS Deputy General Director Le Hung Son makes a remark at the working session
Strengthened communication helps labourers fully understand disadvantages of leaving the social insurance regime
Speaking about the implementation of social insurance policies, Deputy General Director of Vietnam Social Security (VSS) Le Hung Son said, the Law only states fundamental principles, leaving specific regulations in the Government’s hands, which is appropriate because in a short time there will appear “non- traditional” issues. As such, the Law will stay stable in the long term.
Regarding two options proposed for lump-sum social insurance withdrawal, Son said the number of people enjoying the lump-sum social insurance allowance is equal to the number of people partaking in the social insurance regime; and one-fourth of the number of people enjoying the lump-sum social insurance allowance have re-participated in the social insurance regime. One of the crucial point that needs to be amended is related to lump-sum social insurance, which is expected to allow 50 per cent of labourers in need of receiving lump-sum social insurance allowance to withdraw up to 50 per cent of the total payment period. International experience shows that there was no single country that has an open social insurance withdrawal regulation like Viet Nam. Thus, VSS called for thorough analyses and supplementation of certain policies regarding the lump-sum social insurance withdrawal.
Regarding the issue of suing the units that owe social insurance premiums, VSS also agrees with the plan: VSS implements policies on the basis of related laws. If VSS is the petitioner, it is inappropriate because the law enforcement agency must comply with the law. "It is appropriate to assign this matter to trade unions as before, if there is a violation of the law in the field of social insurance, then take it to the court, no further proceedings or lawsuits are needed,” said VSS Deputy General Director Le Hung Son.
A view of the working session
Concluding the working session, Chairman of the NA’s Committee for Social Affairs Nguyen Thuy Anh appraised thoughtful, frank and profound opinions of the delegates. She requested the compiling body’s members to fully absorb the comments to continue perfecting the Draft law in accordance with its competence and legal provisions, ensuring the progress and quality of the Draft Law when it is presented to the National Assembly Standing Committee in June and then to the 15th NA’s 6th session in October./.
Work Injury and Occupational Disease
Medical (Health Insurance)
Certificate of coverage
VSS - ISSA Guidelines on Social Security