Business owners are not subject to compulsory social insurance, but since 2003, the social insurance agency has collected compulsory social insurance from this subject. The social insurance agency's collection of compulsory social insurance from business owners is not in accordance with the law.

According to statistics from Vietnam Social Security, as of May 31, 2023, there were 3,567 business household owners participating in compulsory social insurance with a total amount paid into the social insurance fund of about 113 billion VND.

In principle, if compulsory social insurance is collected in violation of the law, the collected amount must be returned. However, the refund of social insurance contributions in this case has some shortcomings and difficulties due to the long participation period, so many people have been able to enjoy social insurance benefits.

If compulsory social insurance contributions are refunded, the amount of social insurance benefits that have been settled must also be recovered. This is quite complicated and does not ensure the rights of household owners, many of whom have reached retirement age.

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The Social Insurance Agency's collection of compulsory social insurance for business owners is not in accordance with the law, so it needs to be corrected. Illustration photo: Chi Hieu

In addition, the revocation is also inconsistent with the policy of Resolution No. 28 of the Central Committee on reforming social insurance policies and the provisions of the Social Insurance Law 2024 on expanding the scope of compulsory social insurance participation for business owners.

To address the above issue, the Ministry of Labor, Invalids and Social Affairs is drafting a Resolution of the National Assembly Standing Committee on recording the mandatory social insurance payment period of business owners who participated before the effective date of the Social Insurance Law 2024.

Accordingly, the Ministry proposed to record the time of compulsory social insurance payment before July 1, 2025 of business household owners as a basis for settling social insurance regimes according to the provisions of the Law on Social Insurance.

Business owners who have met the conditions for enjoying social insurance benefits before the date of issuance of this Resolution shall be entitled to enjoy social insurance benefits from the date of meeting the conditions for enjoying the benefits according to regulations.

Mr. Bui Sy Loi, former Vice Chairman of the National Assembly 's Committee on Social Affairs, said that in principle, illegal collection must be returned to workers.

Therefore, in cases of incorrect collection, the solution is to return it to the business owner. In case the employee agrees to leave it, the Social Insurance should "close the book" to allow them to continue participating in Social Insurance. Even in cases where they are about to retire, they should pay 5 years in advance and 5 years later to be eligible for pension.

"Business owners have paid compulsory social insurance for 10 years. Now, if they want to pay for another 5 years to be eligible for pension, we need to create conditions for them to complete the conditions to receive the regime," said Mr. Loi.