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Nghe An National Assembly Delegation Discusses Amendments to the Law on Social Insurance

Việt NamViệt Nam02/11/2023

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Overview of the discussion session at Group 3 including: Delegation of National Assembly deputies from Nghe An, Quang Ngai, Bac Kan provinces. Photo: Quang Vinh

Attending the discussion session were comrade Do Van Chien - Secretary of the Party Central Committee, Chairman of the Central Committee of the Vietnam Fatherland Front. Comrade Thai Thanh Quy - Member of the Party Central Committee, Secretary of the Provincial Party Committee, Chairman of the Provincial People's Council, Head of the National Assembly Delegation of Nghe An province chaired the discussion session.

CAREFULLY CONSIDER EACH OBJECT TO BE SUBJECT TO COMPULSORY SOCIAL INSURANCE

Speaking at the discussion, delegate Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the National Assembly Delegation of Nghe An expressed her opinion: If it is determined that participating in social insurance is the right of workers, some groups of subjects should consider it.

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Delegate Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the National Assembly Delegation of Nghe An spoke at the discussion. Photo: Thu Nguyen

“I think we should design more groups of subjects who have the right to choose between participating in voluntary or compulsory social insurance, such as business owners who are not subject to business registration, employees with unclear working hours, and non-professional activities in residential groups,” said the delegate of Nghe An Delegation, adding that it is better to encourage these subjects to participate in voluntary insurance rather than to include them in the list of subjects who must pay compulsory social insurance.

Also referring to this content, Mr. Pham Phu Binh - Standing Member of the National Assembly's Foreign Affairs Committee, National Assembly delegate of Nghe An Delegation expressed the view that it is necessary to consider including groups of subjects who are non-professional workers in villages, residential groups and part-time workers (working under flexible regimes) to participate in compulsory social insurance as in the draft law.

According to the delegate, through observation, the majority of this group of subjects are retired officials, so the regulation on compulsory social insurance payment is not suitable for both the employer (the State uses the budget to pay) and the beneficiary. Therefore, the delegate requested the Ministry of Labor, Invalids and Social Affairs - the agency drafting the draft Law - to study and explain further.

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Mr. Pham Phu Binh - Standing Member of the National Assembly's Foreign Affairs Committee, National Assembly Delegate of Nghe An Delegation spoke at the discussion. Photo: Thu Nguyen

As for the group of part-time workers (working flexibly), according to delegate Pham Phu Binh, this group is increasing in number in today's society such as: Singers, musicians, freelancers (freelancers)...

These are people who work not under long or short-term contracts but according to specific job agreements, so they do not have income calculated based on monthly salary.

He said that if the above subjects are considered to be subject to compulsory social insurance, then this amendment to the Social Insurance Law needs to have stricter policy regulations; but if they are considered to be subject to voluntary social insurance, then it is necessary to point out their benefits when participating.

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Mr. Tran Nhat Minh - full-time National Assembly delegate of Nghe An Delegation spoke at the discussion. Photo: Quang Vinh

Agreeing to expand the number of participants in compulsory social insurance, Mr. Tran Nhat Minh - full-time National Assembly delegate of Nghe An Delegation analyzed the unreasonableness between the regulations and suggested reviewing the feasibility.

Specifically, regarding the principles of social insurance, the draft law is proposing: “The compulsory social insurance contribution rate is calculated based on the monthly salary of the employee”. However, one of the subjects proposed to be included in the compulsory social insurance participation is “the business owner of a business household subject to business registration” who does not have a monthly salary.

AGREE TO PAY SOCIAL INSURANCE FOR 15 YEARS IS ELIGIBLE FOR PENSION

Discussing the draft law, regarding the regulation on one-time withdrawal of social insurance, Major General Tran Duc Thuan - Standing Member of the National Assembly's National Defense and Security Committee, National Assembly Delegate of Nghe An Delegation agreed with the plan to allow "workers who have paid social insurance before the effective date of this law after 12 months of not participating in compulsory social insurance, not participating in voluntary social insurance and have paid social insurance for less than 20 years" to withdraw one time, but he proposed to adjust the social insurance payment period to only need 15 years to be withdrawn.

According to the delegate, this plan inherits the Social Insurance Law, does not cause major disruptions and creates conditions for workers to withdraw social insurance at one time to have a useful source of money when facing difficulties.

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Major General Tran Duc Thuan - Standing member of the National Assembly's Defense and Security Committee, National Assembly delegate of Nghe An Delegation spoke at the discussion. Photo: Quang Vinh

Previously, regarding the time required to pay social insurance to receive a pension, delegate Thai Thi An Chung agreed with the draft law this time to reduce it from 20 years to 15 years; thereby encouraging people over 40 years old to participate in social insurance.

However, regarding the issue of pension benefits, the delegate of Nghe An Delegation said that it is not advisable to stipulate that the rate of labor loss is 61% or more and that a disability examination must be performed before retirement, because through contact with voters, this examination procedure is complicated and causes some negative effects.

According to delegate Thai Thi An, the law only needs to stipulate that in the case of a social insurance contributor who lacks years of work but has enough time to pay and accepts a 2%/year reduction in the rate of receiving early retirement pension, he/she will still be allowed to retire.

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National Assembly Deputies of Nghe An Delegation at the discussion session of Group 3 on the afternoon of November 2. Photo: Quang Vinh

In addition, the opinions of the National Assembly delegates of Nghe An delegation also suggested that the drafting agency should study the principles so that the method of calculating compulsory social insurance contributions can both meet the expansion of the subjects and minimize the number of enterprises that intentionally divide the salary fund to reduce the social insurance contribution level; ensure the most reasonable social insurance management cost plan; explain the term "late payment of social insurance" to distinguish it from the act of "evading payment of social insurance", because in reality it is very difficult to clearly distinguish between these two acts; consider the provision that "the Social Insurance agency has the right to sue the employer according to the provisions of law", because according to the Civil Procedure Code, social insurance is not an agency representing the rights of employees.


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