Conference to collect comments on the Draft Law on Social Insurance (amended)

Việt NamViệt Nam19/10/2023

On October 18, the provincial National Assembly Delegation held a conference to collect comments on the Draft Law on Social Insurance (amended). Comrade Dang Thi My Huong, Deputy Head of the provincial National Assembly Delegation chaired the conference.

The draft Law on Social Insurance (amended) consists of 10 chapters and 136 articles, regulating social insurance regimes and policies, including: Social pension benefits, compulsory social insurance, voluntary social insurance, supplementary pension insurance; state management of social insurance; organization of social insurance implementation; registration for participation and management of collection and payment of compulsory social insurance and voluntary social insurance; rights and responsibilities of agencies, organizations and individuals regarding social insurance; procedures for implementing social insurance; social insurance fund; complaints, denunciations and handling of violations of social insurance.

At the conference, delegates from departments, branches and sectors in the province agreed with the contents of the draft Law on Social Insurance and gave comments on many specific issues during their work in localities and units, contributing to the development of a more complete draft Law on Social Insurance. Regarding the content in Article 42 of the draft law, it is proposed to study and specify the method of determining the half-day to calculate the sick leave allowance, whether it is calculated according to working hours according to the provisions of the law on labor or calculated according to 24 hours, especially for cases where employees work according to the 12-hour/shift/shift regime. For cases of shift work, is sick leave outside of the working hours during the day eligible for sick leave? At the same time, in Article 118 of the draft law, it is proposed to amend the phrase "Social insurance management costs" to "Expenses for organizing social insurance fund activities".

Comrade Dang Thi My Huong, Deputy Head of the Provincial National Assembly Delegation, spoke at the conference to collect comments on the Draft Law on Social Insurance (amended).

Propose to add point b, clause 1, Article 30 as follows: “b) For employees receiving salaries according to an agreement with the employer, the salary used as the basis for social insurance payment is the monthly salary, including salary, salary allowances and other supplements, paid regularly and stably in each salary payment period. The salary used as the basis for social insurance payment does not include the following: Bonuses according to the provisions of the Labor Code; overtime pay; in-kind compensation; support when an employee has a relative who dies, an employee has a relative who gets married, an employee's birthday, subsidies for employees facing difficult circumstances due to work-related accidents or occupational diseases.”

In Article 1. Scope of regulation: Propose to basically inherit the 2014 Social Insurance Law and supplement the reform content of Resolution No. 28-NQ/TW on "building a multi-layered social insurance system". The specific proposal is as follows: "This Law stipulates the social insurance regime and policies, the multi-layered social insurance system; the rights and responsibilities of employees and employers; agencies, organizations and individuals related to social insurance, organizations representing collective laborers, organizations representing employers; Social Insurance Management Board; social insurance agencies; social insurance funds; procedures for implementing social insurance and state management of social insurance".

Speaking at the conference, the Deputy Head of the Provincial National Assembly Delegation highly appreciated the opinions that the delegates contributed to the draft Law on Social Insurance (amended) and requested that agencies and units continue to study and send their opinions to the Provincial National Assembly Delegation for synthesis.


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