The draft Law on Social Insurance (amended) continued to be discussed in this morning's (May 27) working session of the 7th session of the 15th National Assembly. Accordingly, the draft law, after being revised and amended, consists of 11 chapters and 147 articles (an increase of 1 chapter and 11 articles compared to the draft law submitted by the Government ) along with 15 new points.
The majority approved Option 1.
At this morning's working session on the draft Law, the Chairwoman of the Social Affairs Committee, Nguyen Thuy Anh, provided information on the conditions for receiving a lump-sum social insurance payment for individuals who have not yet reached retirement age, have not continued to pay social insurance contributions, have not contributed for twenty years, and request a lump-sum social insurance payment.
Chairwoman of the Social Affairs Committee Nguyen Thuy Anh emphasized: "The Standing Committee of the National Assembly recognizes that this is a difficult issue, with many differing opinions, and directly relates to the rights of many workers both now and after they reach retirement age."
According to Ms. Nguyen Thuy Anh, at the 6th session, the Government presented two options to the National Assembly. Option 1 divides workers into two groups: Group 1 includes workers who participated in social insurance before the Law came into effect (expected July 1, 2025), who after 12 months are not subject to compulsory social insurance, do not participate in voluntary social insurance, and have not contributed to social insurance for 20 years; Group 2 includes workers who started participating in social insurance from the date the Law came into effect onwards, and who are not eligible for the conditions for receiving a lump-sum social insurance payment.
Option 2: Employees receive partial benefits, but not exceeding 50% of the total time they have contributed to the retirement and death benefit fund. The remaining social insurance contribution period is preserved so that employees can continue to participate in and receive social insurance benefits.
The Chairman of the Social Affairs Committee stated that the majority of opinions within the National Assembly Standing Committee supported Option 1 proposed by the Government, and this was also the opinion of the majority of workers in several localities whose opinions were sought by the lead agency. However, the Government needs to promptly develop a support plan and issue appropriate regulations, while also strengthening communication efforts so that workers understand the benefits of receiving a monthly pension instead of choosing a lump-sum social insurance payment.
What does the draft law regulate?
Regarding the replacement of the "base salary" with a "reference level," Resolution No. 27-NQ/TW stipulates the abolition of the "base salary" when implementing salary policy reforms. Therefore, according to the implementation roadmap, from July 1, 2024, there will no longer be a "base salary" used as a basis for adjusting the salary used for social insurance contributions to calculate pensions and other social insurance benefits.
The Standing Committee of the National Assembly requested the Government to pay attention to assessing the impact and conducting further research on several issues: specific principles for determining the reference level in the draft Law; a regulation requiring the Government to report annually to the National Assembly on the development and implementation of this reference level; regulations on the basis for social insurance contributions in the business sector; and a directive to review and supplement all transitional provisions in relevant policies and laws related to the "basic wage" in order to issue or submit new regulations for issuance.
Regarding electronic transactions in the field of social insurance, the Chairwoman of the Social Affairs Committee, Nguyen Thuy Anh, stated that, taking into account the opinions of National Assembly deputies, the draft law has added regulations on the principles of electronic transactions in the implementation of social insurance.
Regarding late payment of mandatory social insurance contributions, evasion of mandatory social insurance contributions, and handling measures, the draft law has been revised to clarify the meaning, separating the provisions on each act and the handling measures for late payment and evasion of social insurance contributions.
The draft law also amends and supplements the penalty of temporarily suspending exit from the country, as stipulated in accordance with 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. However, it does not yet stipulate the penalty of suspending the use of invoices for acts of late payment or evasion of social insurance contributions.
Regarding specific mechanisms to protect workers in cases where employers are no longer able to pay social insurance contributions, the draft law has added a provision for a "special" mechanism to protect workers in cases where employers abscond and are no longer able to pay social insurance contributions.
Regarding the subjects of mandatory social insurance for business owners, the Standing Committee of the National Assembly has directed the amendment of Clause 1 of Article 3 to state, "The business owner of a registered business."
Regarding complaints, denunciations, and handling of violations related to social insurance, the Standing Committee of the National Assembly directed the revision of the draft law to include provisions on resolving complaints against administrative penalty decisions of social insurance agencies in a manner similar to the resolution of complaints against state administrative agencies; and to add and state in Clause 2, Article 132 that the resolution of denunciations concerning the period before 1995 is the responsibility of the provincial-level state management agency for labor.
Regarding the average salary used as the basis for calculating pensions and lump-sum benefits, and the adjustment of the salary used as the basis for mandatory social insurance contributions, the Standing Committee of the National Assembly believes that this is an issue directly related to millions of people who have received, are receiving, and will receive pensions. Therefore, this issue needs to be considered comprehensively and thoroughly in the context of salary reform, and its impact on pensioners at different times and in different regions and sectors needs to be carefully assessed.
Regarding social retirement benefits, the Chair of the Social Affairs Committee, Nguyen Thuy Anh, stated that to ensure the level of social retirement benefits is appropriate for each period, the Standing Committee of the National Assembly has directed the drafting committee to revise and supplement the regulations in Clause 1, Article 21 as follows: "Every three years, the Government shall review and propose adjustments to the level of social retirement benefits and report to the National Assembly when submitting the three-year State financial and budget plan."
HA (according to Vietnam+)Source
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