Continuing the 7th Session Program of the 15th National Assembly , on May 27, the National Assembly held a plenary session in the hall to discuss a number of contents with different opinions of the draft Law on Social Insurance (amended).
Participating in the meeting, delegate Tran Thi Hong Thanh, Deputy Head of the National Assembly Delegation of Ninh Binh province, gave specific comments on the following contents: Subjects participating in voluntary social insurance; supplementary pension fund; social pension benefits; receiving one-time social insurance benefits...
Accordingly, referring to the subjects participating in voluntary social insurance, the delegate said that: Clause 4, Article 3 of the draft Law stipulates that "People who are subject to voluntary social insurance are Vietnamese citizens aged 15 years or older". With this provision, only Vietnamese citizens are allowed to participate in voluntary social insurance, while compulsory social insurance only allows foreign workers with a work permit or practice certificate or practice license issued by a competent authority of Vietnam to participate. This leads to many cases where foreign citizens permanently residing in Vietnam are not covered by the social insurance protection net. Therefore, the delegate suggested that the drafting agency study and supplement regulations on subjects participating in voluntary social insurance. Accordingly, foreign citizens who are eligible to permanently reside in Vietnam but are not subject to compulsory social insurance are allowed to participate in voluntary social insurance.
Regarding the supplementary pension fund, according to delegate Tran Thi Hong Thanh, although the draft Law has added a separate chapter with 4 articles on supplementary pension insurance (chapter VII a), it is still quite sketchy. The delegate suggested that the drafting agency should study and add more detailed regulations on supplementary pension insurance in the draft Law, such as regulations on: operating mechanism (contribution rate; records, procedures, rights and responsibilities of employers and employees; connection with pension and death benefit funds in the social insurance fund; payment mechanism, investment portfolio and method; mechanisms, policies and incentives for the establishment of this fund for state-owned enterprises and private enterprises...); inspection, examination and handling of violations related to the supplementary pension fund; Investment activities of the fund... "Clear regulations on the supplementary pension fund will contribute to increasing awareness, increasing consensus between employers and employees, encouraging employers to participate in contributing and enjoying the benefits of the supplementary pension fund" - delegate Tran Thi Hong Thanh emphasized.
Commenting on social pension benefits, delegates suggested that the drafting agency supplement the regulation to standardize Clause 2, Article 20 on beneficiaries of social pension benefits between the ages of 70 and 75 as: "Vietnamese citizens from 70 years old to under 75 years old who are poor households or near-poor households according to multidimensional poverty standards residing in communes and villages with special difficulties". At the same time, it is recommended that the Government direct the collection and standardization of data on social pension benefits from the State Budget (NSNN), for the 5-year period of 2021-2025, on the actual status of social pension benefits received and not received to have a basis for fully calculating the increase in state budget expenditure, ensuring the ability to balance the state budget when the Law comes into effect.
Regarding the option of regulating the one-time payment of social insurance (point d, clause 1, Article 74 of the draft Law provides two options), delegate Tran Thi Hong Thanh proposed to choose option 1. However, she suggested that the drafting agency should study the regulations with stricter conditions to limit the situation of one-time withdrawal of social insurance, such as age (enough to receive pension but not enough 15 years of social insurance contributions); having valid records of legal use (mainly for essential areas such as housing, healthcare, education, etc.). At the same time, she suggested studying stricter regulations in the direction of possibly reducing benefits if receiving social insurance one time.
In addition, to limit the choice of workers to receive one-time social insurance, ensuring social security for workers, delegates suggested that the Government should study some fundamental solutions such as: having a project to support workers participating in social insurance who are facing difficulties in life such as being able to borrow credit capital through specific mechanisms and policies. Increasing the entrusted capital of local budgets to increase the capital of the Social Policy Bank, expanding the scope of loans for workers. Strengthening communication. Continuing to review, supplement and perfect legal policies on labor and employment to maintain stable jobs and income for workers...
In addition, delegates also gave specific comments on Point d, Clause 1, Article 127 of the draft Law.
During the discussion session, 55 National Assembly deputies expressed their opinions. Through the discussion, the National Assembly deputies highly appreciated and agreed with the Report on reception and explanation of the National Assembly Standing Committee and many contents of the draft Law; at the same time, analyzed, clarified and contributed many specific and practical contents.
Minister of Labor, War Invalids and Social Affairs Dao Ngoc Dung also spoke to explain and accept the opinions raised by National Assembly deputies.
Minh Ngoc-Thanh Thuy
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