There is no optimal solution for the regulation of receiving social insurance benefits at one time.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: media.quochoi.vn.

Continue to present 2 options for receiving social insurance benefits at one time

Presenting a report explaining, accepting and revising the draft Law on Social Insurance (amended), Chairwoman of the National Assembly's Social Committee Nguyen Thuy Anh said that regarding the conditions for receiving one-time social insurance for people who are not old enough to receive pension, do not continue to pay social insurance, have not paid social insurance for 20 years and have a request to receive one-time social insurance, the Government submitted to the National Assembly 2 options.

Option 1, employees are divided into two groups: Group 1, employees participating in social insurance before the Law takes effect (expected July 1, 2025), after 12 months are not subject to compulsory social insurance, do not participate in voluntary social insurance and have less than 20 years of social insurance payment; Group 2, employees starting to participate in social insurance from the effective date of the Law onwards, the regulations on conditions for receiving one-time social insurance are not applied.

Option 2, the employee will be partially resolved but not more than 50% of the total time contributed to the pension and death fund. The remaining time of social insurance payment is reserved so that the employee can continue to participate and enjoy social insurance benefits.

Chairwoman of the National Assembly's Social Committee Nguyen Thuy Anh presented the report.
Photo: media.quochoi.vn.

The Chairman of the National Assembly's Social Committee said that the majority of opinions in the National Assembly Standing Committee agreed with the Government's proposed option 1, which was also the opinion of the majority of workers in a number of localities where the agency in charge of the review sought opinions. However, he suggested that the Government soon have a support plan and issue appropriate regulations, and at the same time, step up communication work so that workers understand the benefits of receiving monthly pensions instead of choosing to receive social insurance in a lump sum.

Regarding late payment of compulsory social insurance, evasion of compulsory social insurance and handling measures, the draft Law has been revised to clarify the content, separate the provisions on each act and handling measures for late payment and evasion of social insurance. The draft Law has also amended and supplemented the sanction of temporary suspension of exit according to the guidance on the application of the provisions of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam and has not yet stipulated the sanction of stopping the use of invoices for acts of late payment and evasion of social insurance.

Regarding the subject of business household owners participating in compulsory social insurance, the National Assembly Standing Committee has directed to adjust in the direction of "Business household owners of business households with business registration".

The draft Law supplements the provision that voluntary social insurance participants are entitled to a maternity allowance of VND2 million for each newborn child guaranteed by the state budget and assigns the Government to adjust the maternity allowance level in accordance with the socio -economic development conditions and the capacity of the state budget in each period. The requirement for the minimum number of years of social insurance contributions to receive a monthly pension is reduced from 20 years to 15 years.

Delegate Tran Thi Thu Phuoc (Kon Tum delegation) speaks at the discussion. Photo: media.quochoi.vn.

Proposal to integrate 2 options for receiving social insurance benefits at one time

Discussing the draft Law and general issues, delegate Tran Thi Thu Phuoc (Kon Tum Delegation) said that it is necessary to clarify all aspects, especially the impacts and influences of the new policies proposed in the draft Law, while promoting the spirit of democracy, listening with a spirit of openness, sharing the difficulties and aspirations of workers. "Because for workers, just one sentence, one word changed in the promulgated legal document will decide the issue of social security for the whole life", the delegate said.

The issue of receiving one-time social insurance benefits continues to be of interest and discussion to National Assembly deputies when the situation of withdrawing one-time social insurance benefits increased by 39% in the first quarter of 2024, the highest in many years. Delegate Tran Khanh Thu (Thai Binh Delegation) said that in order to ensure the correct implementation of the principles of social insurance and ensure old-age security for workers, limit the arising complications in the organization and implementation, option 1 basically ensures the inheritance of current regulations, does not cause disruption in society, and limits the situation of a social insurance participant receiving multiple one-time social insurance benefits in the past.

In addition to the opinions agreeing with option 1, some National Assembly delegates also agreed with option 2. Agreeing with option 2, delegate Dao Chi Nghia (Can Tho delegation) said that although this option does not end the situation of withdrawing social insurance at one time, it ensures the right to choose for social insurance participants; retains employees to participate in social insurance for a long time and in the long term, employees will be guaranteed social security.

Delegate Tran Thi Hoa Ry (Bac Lieu Delegation) discussed at the meeting. Photo: media.quochoi.vn.

However, delegate Tran Thi Hoa Ry (Bac Lieu delegation) and some National Assembly delegates said that the two options stipulated in the draft Law both have limitations and are not the most optimal options. Delegate Tran Thi Hoa Ry proposed combining options 1 and 2, with employees having the right to withdraw insurance at one time for direct contributions (8%) based on actual payment time. This option will ensure the principle of contribution and benefit.

Delegate Nguyen Thi Hong Hanh (Ho Chi Minh City Delegation) said that if there is no optimal solution, it is recommended to keep the current regulations, avoid social disruption and give workers the choice, including whether to participate in social insurance before or after this Law takes effect.

At the same time, the delegate also proposed a policy to limit workers from withdrawing social insurance at one time, that is, assigning social insurance to coordinate with the Social Policy Bank to lend workers interest-free or low-interest loans; the maximum loan amount is equal to the amount the worker would receive if he withdrew social insurance at one time.

Notably, some National Assembly deputies also proposed that the National Assembly consider and approve the draft Law on Social Insurance (amended) after implementing salary policy reform (from July 1, 2024) to ensure that the draft Law is suitable and feasible.

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