The draft Law on Social Insurance (amended) continued to be discussed in the working session this morning (May 27) of the 7th session of the 15th National Assembly. Accordingly, the draft law after being accepted and revised includes 11 chapters and 147 articles (an increase of 1 chapter and 11 articles compared to the draft Law submitted by the Government) with 15 new points.
Majority approves Option 1
At the working session on the draft Law this morning, Chairwoman of the Social Affairs Committee Nguyen Thuy Anh informed about the conditions for receiving one-time social insurance benefits for those who are not old enough to receive pension, do not continue to pay social insurance, have not paid social insurance for twenty years and have a request to receive one-time social insurance benefits.
Chairwoman of the Social Committee Nguyen Thuy Anh emphasized: "The National Assembly Standing Committee finds that this is a difficult issue, with many different opinions and directly related to the rights of many workers at present and when they reach retirement age."
According to Ms. Nguyen Thuy Anh, previously, at the 6th session, the Government presented two options to the National Assembly. Option 1, workers are divided into two groups: Group 1, workers 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 and have less than 20 years of social insurance payment; Group 2, workers who start participating in social insurance from the effective date of the Law onwards, will not be subject to the regulations on conditions for receiving one-time social insurance.
Option 2, the employee will be partially resolved but not more than 50% of the total time contributed to the pension and death fund. The remaining time of social insurance payment is reserved so that the employee can continue to participate and enjoy social insurance benefits.
The Chairman of the Social Affairs Committee said that the majority of opinions in the National Assembly Standing Committee agreed with Option 1 proposed by the Government and was also the opinion of the majority of workers in a number of localities that the agency in charge of the review sought opinions on. However, the Government needs to soon have a support plan and issue appropriate regulations while promoting communication work so that workers understand the benefits of receiving monthly pensions instead of choosing to receive social insurance in a lump sum.
What does the draft law regulate?
Regarding the replacement of “base salary” with “reference level”, Resolution No. 27-NQ/TW stipulates the abolition of “base salary” when implementing salary policy reform. Thus, according to the implementation roadmap, from July 1, 2024, there will no longer be a “base salary” as a basis for adjusting social insurance contributions to calculate pensions and calculate benefits for some social insurance regimes.
The National Assembly Standing Committee proposed that the Government pay attention to assessing the impact and studying to supplement a number of contents: Specific principles for determining the reference level in the draft Law; regulations assigning the Government to annually report to the National Assembly on the development and implementation of this reference level; regulations on the basis for social insurance contributions of the business sector and at the same time direct the review and supplementation of full transitional provisions in policies and laws related to the "basic salary" to promulgate or submit for promulgation new regulations.
Regarding electronic transactions in the field of social insurance, Chairwoman of the Social Committee Nguyen Thuy Anh said that accepting the opinions of National Assembly deputies, the draft law has added principles-based regulations on electronic transactions in the organization and implementation of social insurance.
Regarding late payment of compulsory social insurance, evasion of compulsory social insurance and handling measures, the draft law has been revised to clarify the content, separate the provisions on each act and handling measures for late payment and evasion of social insurance.
The draft law also amended and supplemented the sanction of temporary suspension of exit according to the guidance on the application of the provisions of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam and has not yet stipulated the sanction of stopping the use of invoices for acts of late payment or evasion of social insurance payment.
Regarding the special mechanism to protect employees in case the employer is no longer able to pay social insurance for the employee, the draft law has added a provision on a "special" mechanism to protect employees in case the employer absconds and is no longer able to pay social insurance for the employee.
Regarding the subject of business household owners participating in compulsory social insurance, the National Assembly Standing Committee has directed to amend Clause 1 of Article 3 in the direction of "Business household owners of business households with business registration."
Regarding complaints, denunciations and handling of violations of social insurance, the Standing Committee of the National Assembly directed the revision of the draft law in the direction of adding regulations on handling complaints against decisions on administrative sanctions of social insurance agencies to be implemented similarly to handling complaints of state administrative agencies; adding and showing in Clause 2, Article 132 that handling of denunciations for the period before 1995 is the responsibility of the state management agency of labor at the provincial level.
Regarding the average salary used as the basis for social insurance contributions to calculate pensions, one-time allowances and salary adjustments used as the basis for compulsory social insurance contributions, the National Assembly Standing Committee finds that this is an issue directly related to millions of people who have, are and will receive pensions. Therefore, this issue needs to be considered comprehensively and thoroughly in the context of salary reform and the impact on pensioners at different times, in different regions and fields needs to be carefully assessed.
Regarding social pension benefits, Chairwoman of the Social Affairs Committee Nguyen Thuy Anh said that to ensure the social pension benefit level is appropriate for each period, the National Assembly Standing Committee has directed the drafting committee to revise and supplement the provisions in Clause 1, Article 21 in the direction: "Every 3 years, the Government shall review and propose adjustments to the social pension benefit level to report to the National Assembly when submitting the 3-year State Financial and Budget Plan".
HA (according to Vietnam+)Source
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