In the report just sent to the National Assembly on a number of issues related to the group of issues questioned at the 5th session, Minister of Labour, Invalids and Social Affairs Dao Ngoc Dung gave an official explanation on the illegal collection of compulsory social insurance for employees. business owners at many local social insurance.
Minister of Labor, War Invalids and Social Affairs Dao Ngoc Dung
This is an issue mentioned by the National Assembly Standing Committee in the report on monitoring results of the settlement of voters' petitions sent to the 4th session of the XV National Assembly presented at the opening session of the ongoing 5th session.
The report of the National Assembly Standing Committee said that, according to current regulations, the owner of individual business households is not eligible to participate in compulsory social insurance. However, from January 1.2003 to December 12.2021, many local social insurance agencies have collected compulsory social insurance for these cases.
According to the data of Vietnam Social Insurance, as of September 9.2016, there were 4.240 individual business household owners in 54 localities paying compulsory social insurance.
Thus, the social insurance industry has collected compulsory social insurance for a large number of owners of individual business households in most provinces and cities in the country.
According to the National Assembly Standing Committee, because the implementation of compulsory social insurance is not in accordance with the provisions of the law, the owners of individual business households have not been able to calculate the time they have paid compulsory social insurance to enjoy the social insurance regime, especially there are many the case has paid social insurance for nearly 20 years.
This has made people angry, some cases have filed complaints, even sued social insurance to court.
Organized inspection and examination of a number of localities
The National Assembly Standing Committee said that the collection of compulsory social insurance is not the right subject to the responsibility of the social insurance industry, affecting the legitimate interests of the owner of individual business households. This is very much in need of urgent attention.
More than 4.000 individual business household owners were illegally collected social insurance, so they could not receive benefits (illustration).
Since then, the National Assembly Standing Committee has proposed that the Government direct the Ministry of Labour, Invalids and Social Affairs and Vietnam Social Insurance to study, review and evaluate the implementation of compulsory social insurance for individual business household heads on a global scale. and submit to the Government a plan to definitively settle voters' petitions.
Explaining the above content, Minister of Labour, Invalids and Social Affairs Dao Ngoc Dung said that the ministry has done 3 things.
Firstly, the ministry has sent a document to Vietnam Social Security confirming that the collection of compulsory social insurance for business household owners is not in accordance with the provisions of law and requested the Vietnam Social Security to direct the local social insurance authorities to do the right thing.
Minister Dao Ngoc Dung also said that the Ministry of Labour, Invalids and Social Affairs has also organized inspections and inspections in some localities.
In addition, the ministry also coordinated with the Central Economic Commission to survey localities to review the 5-year implementation of Resolution No. 28 and collect comments on the revised social insurance bill, in which content that the social insurance agency collects compulsory social insurance for business household owners.
“After all, the law comes from us.”
The issue of illegal collection of compulsory social insurance for business household owners is also an issue raised by the National Assembly deputies at the socio-economic discussion session last week.
Delegate Hoang Duc Thang discussed at the National Assembly
Delegate Hoang Duc Thang (Quang Tri delegation) said that this is a matter of public opinion when by the end of December 12.2021, there are still 35 provincial and municipal social insurance agencies continuing to collect compulsory social insurance with 779 individual business household owners.
However, delegate Hoang Duc Thang said that the majority of household heads participating in compulsory social insurance are directly engaged in production and business. The head of the household is both an employer and an employee, so the need to participate in and enjoy social insurance and health insurance benefits is legitimate.
On the other hand, at this time, there is no policy for voluntary social insurance participants, so the participation in social insurance contributions of household heads is not prohibited by relevant legal documents.
"The fact that the owner of an individual business household participates in social insurance contributions is essentially positive, contributing to an increase in social insurance coverage," Thang said, saying that at present, relevant regulations have not kept up with the requirements of Practice.
Therefore, Mr. Thang believes that it is necessary to amend and supplement legal regulations accordingly. "After all, the legal regulations also come from us, instead of us stopping this inevitable movement, it is the right approach, all for the benefit of the people", Mr. Thang stated. propose the Government, the Ministry of Labour, Invalids and Social Affairs, and the Vietnam Social Security to soon remove this bottleneck.
