Propose additional options for receiving one-time social insurance benefits

Delegate Phan Thai Binh speaks at the debate on the draft Law on Social Insurance (amended)

The issue that many delegates are interested in and have different opinions about in the draft Law on Social Insurance (amended) submitted to the National Assembly this time is the regulation on the conditions for receiving one-time social insurance (SI) for cases where people are not old enough to receive pension, do not continue to pay SI, have not paid SI for twenty years and have a request to receive SI one-time.

Accordingly, in Article 74 and Article 107 of the draft Law on Social Insurance, two options are proposed for the National Assembly to discuss. With option 1, employees are divided into two groups: group 1, continues to apply the conditions for receiving one-time social insurance as prescribed in Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly on implementing the policy of receiving one-time social insurance for employees, that is, employees participating in social insurance before the Law takes effect (expected July 1, 2025), after 12 months are not subject to compulsory social insurance, do not participate in voluntary social insurance; group 2, employees who start participating in social insurance from the effective date of the Law onwards, are not subject to this provision of conditions for receiving one-time social insurance. Meanwhile, option 2 stipulates that employees are partially resolved but not exceeding 50% of the total time contributed to the pension and death fund; The remaining social insurance payment period is reserved so that employees can continue to participate and enjoy social insurance benefits.

In its report on acceptance and explanation to the National Assembly, the National Assembly Standing Committee stated that although the two options presented by the Government are not optimal, may not completely resolve the situation of receiving social insurance benefits at one time and create high consensus, these are the dominant options, especially option 1 which has more advantages. At the discussion session, many delegates expressed their agreement with option 1 and many delegates supported option 2.

Not agreeing with the opinions discussed before him, delegate Phan Thai Binh - National Assembly Delegation of Quang Nam province asked to debate and was approved by the session chairman.

In his opinion, delegate Phan Thai Binh said that the two options proposed by the National Assembly Standing Committee both have their own advantages and disadvantages, but are not the most optimal options. The biggest difference between the two options is the time when employees participate in social insurance before or after the law takes effect. If they pay insurance before July 1, 2025 (the expected date the law takes effect), they can withdraw their social insurance benefits once, but after this date, they cannot withdraw.

The delegate emphasized that the need to withdraw social insurance at one time is a legitimate and reasonable right of employees, regardless of whether the social insurance payment is made before or after the law takes effect. Therefore, in order to maximize the advantages and overcome the limitations of the two options, delegate Phan Thai Binh proposed integrating the two options of the draft law into a new option to solve the immediate rights of employees and in the long term, solve the problem of ensuring social security with the spirit that the rights of employees must be given top priority, first of all, ensuring the principle of contribution - benefit, harmonizing the interests of the State, enterprises and employees. Accordingly, it is proposed that there is no distinction between cases of payment before or after the effective date of this law to receive one-time social insurance; it should be stipulated that cases of special difficulties, serious illness, settling abroad, etc. can withdraw the entire amount of social insurance paid at one time. In the remaining cases, only the amount directly paid by the employee from the employee's salary (8%) can be withdrawn. The remaining amount paid by the employer is retained so that the employee can receive a pension later.

At the end of his debate, delegate Phan Thai Binh suggested that the National Assembly Standing Committee and the drafting committee should consider studying, accepting the proposed options and consulting with National Assembly delegates to choose one of the three most suitable options for the regulation on receiving one-time social insurance benefits.

Also at this discussion session, delegate Phan Thai Binh said that the draft law's regulations on handling cases of intentional delay in payment and evasion of social insurance payment are not deterrent enough when the penalty level is low; it is recommended that in addition to having to pay the amount of late payment and evasion of social insurance payment, the penalty level must be calculated equivalent to the overdue interest rate prescribed by the State Bank to avoid cases where enterprises intentionally misappropriate social insurance funds.

Regarding the rights and responsibilities of trade unions, delegates agreed with the regulations on the right to sue of trade unions; however, the current problem is that the process and procedures for trade unions to sue are very difficult, especially the regulations on the authorization of employees and enterprises before being sued must be inspected, audited and administratively sanctioned. It is recommended that specific regulations be made in the law to facilitate trade unions to initiate lawsuits after petitioning through the supervision and inspection of the trade union but the enterprise deliberately fails to comply; it is not necessary to stipulate that only those who have been administratively sanctioned can initiate lawsuits.

According to the meeting agenda, the National Assembly will spend the entire day of May 27 discussing the draft Law on Social Insurance (amended) before the National Assembly agrees to pass it at this meeting on June 25.

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