National Assembly Delegate Ma Thi Thuy discusses the draft Law on Social Insurance (amended)

Discussing the draft Law, Comrade Ma Thi Thuy, Member of the Provincial Party Committee, Deputy Head of the Provincial National Assembly Delegation, highly appreciated the draft Law dossier, which was sent early for National Assembly deputies to study. The content of the draft Law has been carefully prepared by the drafting agency and the Review Report of the National Assembly's Social Committee. The draft Law was built to ensure consistency with the viewpoints and policies of the Party and State on building and perfecting the legal system and social insurance. Many provisions added to the draft Law are clear and consistent with the actual situation...

Delegates attending the meeting.

Participating in specific contents, delegate Ma Thi Thuy suggested: In Article 13 (Rights and responsibilities of trade unions, organizations representing workers, the Vietnam Fatherland Front and member organizations of the Front), it is necessary to add the content: "... Sharing information and data about units, workers, members, and members under management with the Social Insurance agency" to meet the practical needs of implementing digital transformation in the spirit of the current direction of the Party and State.

Along with that, there needs to be a review and amendment to ensure consistency between the Civil Procedure Code, the Trade Union Law and the Social Insurance Law to have sufficient conditions for implementation. There needs to be a provision that the Trade Union at the level directly above the grassroots level has the right to initiate a lawsuit against violations of the law on social insurance (non-payment, social insurance arrears, etc.) that affect the rights and legitimate interests of the collective of workers without the need for authorization procedures from the workers and authorization from the grassroots trade union; when accepting to resolve the case, the Court will resolve it according to the regulations on collective labor disputes, not labor disputes between individual workers and employers.

Regarding the provisions of Article 31 (Compulsory social insurance and voluntary social insurance contribution rates) and Article 34 (Contribution rates and payment methods for employees participating in voluntary social insurance): The delegate said that in Clause 2, Article 31 and Clause 1, Article 34, the contribution rate to the pension and death benefit fund for employees participating in voluntary social insurance is 22%.

Delegate Ma Thi Thuy participated in the discussion.

However, there is no regulation on the contribution level to the sickness and maternity fund while the draft regulation on voluntary social insurance has added maternity benefits for voluntary social insurance participants, which is contrary to the principle of contribution and benefit of social insurance. Therefore, the Drafting Committee should consider and make appropriate amendments.

In Article 37 (Handling violations of late payment and evasion of compulsory social insurance payment): It is proposed to add a provision that employers who evade social insurance payment for 3 months or more are not allowed to bid, construct, purchase materials, goods, and equipment from State capital sources; are not allowed to borrow capital from credit institutions at preferential interest rates; are not allowed to support funding for training and vocational training for employees" to ensure the regulation is more suitable to the actual situation.

The delegate also proposed to amend the regulation at Point d, Article 70 in the direction of "Employees who have paid social insurance before the effective date of this Law, after 12 months are not subject to compulsory social insurance, do not participate in voluntary social insurance and have paid social insurance for less than 15 years" to be consistent with the regulation at Clause 1, Article 64 of the draft Law (when retiring with a social insurance payment period of 15 years or more, they are entitled to receive pension).

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