National Assembly Deputy Vo Manh Son contributed comments on some contents with different opinions of the draft Law on Social Insurance (amended)

Continuing the 7th Session Program of the 15th National Assembly, on the morning of May 27 at the National Assembly House, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly held a plenary session in the hall, discussing a number of contents with different opinions of the draft Law on Social Insurance (amended).

Participating in giving comments, National Assembly Deputy Vo Manh Son, Provincial Party Committee member, Chairman of the Provincial Labor Federation agreed with the report on reception, explanation, revision and supplementation of the National Assembly Standing Committee.

Commenting on reducing the social insurance payment period to 15 years, delegate Vo Manh Son said that if this plan is approved, there will be a group of workers who participate in social insurance late (participate at 45-47 years old) or those who participate intermittently but when reaching retirement age have not accumulated enough 20 years of social insurance payment will also receive monthly pension.

Because of the reduction in the number of years of contribution, the benefit level for this group will be low because according to the principle of social insurance, it is to contribute - receive, that is, to contribute more, to receive more and vice versa. However, the pension level will be periodically adjusted by the State, and during the pension period, the Social Insurance Fund will buy health insurance. Therefore, delegate Vo Manh Son said that even though the pension level may be more modest than those with a long contribution period, with a stable monthly pension, periodically adjusted by the State and during the pension period, the Social Insurance Fund will pay health insurance, which will contribute to better ensuring the life of workers in their old age.

Regarding one-time social insurance (Articles 74; 107), the Draft Law proposes two options for one-time social insurance withdrawal, specifically: Option 1 remains the same as the current one, which is after 12 months of not being subject to compulsory social insurance, not participating in voluntary social insurance and having paid social insurance for less than 20 years, one-time withdrawal is allowed.

Option 2 changes in the direction of still allowing employees to withdraw social insurance at one time but not more than 50% of the total time contributed to the Retirement and Death Fund. The remaining amount will be reserved and recorded in the social insurance book so that employees can continue to participate and enjoy the regime when they reach retirement age.

Option 2 is a very humane option with the goal of ensuring that participants have the opportunity to continue participating and enjoying the regime when they reach retirement age. However, currently, workers are still very concerned and worried that it will affect the rights of social insurance participants.

To ensure that the Law is put into practice and avoid having many different opinions, delegate Vo Manh Son said that option 1 should be implemented. The task of relevant levels and sectors is to strengthen propaganda so that people can see the benefits of the social insurance policy, minimizing the situation of withdrawing social insurance at one time (legal regulations should not be used to force workers when they are still hesitant).

Regulations on salary as the basis for social insurance contributions, the Draft Law on Social Insurance (amended) has solicited opinions on the content of the regulation on salary as the basis for compulsory social insurance contributions for employees paying social insurance according to the salary regime decided by the employer according to two options: Option 1, salary as the basis for social insurance contributions is the monthly salary including salary and salary allowances, other additional amounts that determine the specific amount of money together with the salary agreed upon in the labor contract according to the provisions of the labor law.

Option 2, the salary used as the basis for social insurance payment is the monthly salary including salary and salary allowances, other supplements according to the provisions of labor law.

Currently, employers are changing salaries into different names to avoid paying social insurance for employees. Many employers only pay social insurance for employees equal to or slightly higher than the regional minimum wage prescribed by the state.

To ensure the best benefits for employees and avoid employers from evading social insurance payments for employees, delegate Vo Manh Son agreed with Option 1 of the Draft.

Regarding late payment of compulsory social insurance, evasion of compulsory social insurance and handling measures in Articles 37, 38, 39 and 40 of the draft Law, delegate Vo Manh Son suggested: There should be different levels of payment for late payment or evasion of payment to the social insurance fund, which cannot be the same as the draft currently stipulates, which is 0.03%/day. At the same time, it is necessary to determine and clarify whether paying this amount is equivalent to paying a fine for the violation or not. If it is a fine for violation, does it mean that this is also an administrative violation handling measure or not to avoid overlapping with the administrative handling measure stipulated in Clause 2 of the same article of law?

It is necessary to differentiate and have different levels of administrative sanctions between late payment and evasion of payment because the nature and level of violations between late payment and evasion are different. If it is necessary to specifically regulate this issue to ensure feasibility, should it be regulated in the Law on Social Insurance or in the law on handling administrative violations?

Regarding the measure of “Applying temporary suspension of exit according to the law on entry, exit, transit, residence of foreigners in Vietnam and exit and entry of Vietnamese citizens”. However, Article 36 of the Law on Exit and Entry of Vietnamese Citizens does not stipulate temporary suspension of exit in the above case. Therefore, it is recommended to consider this issue to ensure consistency in the legal system and the effectiveness of the prescribed sanctions.

Regarding the measure “Not considering awarding emulation and commendation titles”. How will this measure be applied, within what space and time, and where is it regulated? (According to the provisions of this Law or the law on emulation and commendation, or should the competent authority provide detailed regulations).

Quoc Huong

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