National Assembly finalizes plan to receive social insurance benefits at one time

Accordingly, the Law on Social Insurance (amended) consists of 11 chapters and 141 articles regulating forms of voluntary social insurance, compulsory social insurance, forms of handling subjects evading social insurance payments, retirement age, maternity regime, regime for surrogate mothers, one-time subsidies...

National Assembly leaders press the button to pass the Law on Social Insurance (amended) - Photo: Quochoi.vn

Specific regulations on monthly pension levels

Specifically, regarding retirement age, the Law stipulates that social insurance participants who have paid compulsory social insurance for 15 years or more when retiring are entitled to pension if they fall into one of the following cases: reaching the retirement age as prescribed in Clause 2, Article 169 of the Labor Code and having a total period of compulsory social insurance payment of 15 years or more when working in a heavy, toxic, dangerous or especially heavy, toxic, dangerous occupation or job, or working in an area with particularly difficult socio-economic conditions, including working time in an area with a regional allowance coefficient of 0.7 or more before January 1, 20221.

Workers whose age is at most 10 years younger than the age specified in Clause 2, Article 169 of the Labor Code and who have worked in underground coal mining for at least 15 years as prescribed by the Government. People infected with HIV/AIDS due to occupational accidents while performing assigned tasks....

The Law also stipulates the monthly salary for those eligible for pension as follows: for female employees, it is 45% of the average salary used as the basis for social insurance contributions as prescribed in Article 72 of this Law, corresponding to 15 years of social insurance contributions, then for each additional year of contributions, an additional 2% is calculated, with a maximum of 75%;

For male workers, it is 45% of the average salary used as the basis for social insurance contributions as prescribed in Article 72 of this Law, corresponding to 20 years of social insurance contributions, then for each additional year of contributions, an additional 2% is calculated, with a maximum of 75%.

Scene of the working session on the morning of June 29

In case male employees have paid social insurance for 15 years but less than 20 years, the monthly pension is equal to 40% of the average salary used as the basis for social insurance payment as prescribed in Article 72 of this Law corresponding to 15 years of social insurance payment, then for each additional year of payment, 1% is added.

The monthly pension for workers in certain special occupations and jobs in the armed forces is prescribed by the Government. The funding source is from the State budget.

The monthly pension of eligible subjects specified in Article 65 of this Law is calculated as prescribed in Clause 1 of this Article, then reduced by 2% for each year of retirement before the prescribed age.

In case of early retirement under 6 months, the pension percentage will not be reduced, from 6 months to less than 12 months, it will be reduced by 1%...

Regarding one-time social insurance benefits, Article 70 of the Social Insurance Law stipulates that subjects specified in Clause 1, Article 2 of this Law who have stopped participating in social insurance but have a request are entitled to one-time social insurance benefits if they fall into one of the following cases: reaching retirement age but have not yet paid social insurance for 15 years;

In case the employee does not receive a one-time social insurance payment, he/she can choose to receive a monthly allowance according to the provisions of Article 23 of this Law;

People who go abroad to settle down; People who are suffering from one of the following diseases: cancer, paralysis, decompensated cirrhosis, severe tuberculosis, AIDS; People with a labor capacity reduction of 81% or more; people with extremely severe disabilities;

Employees who have paid social insurance before the effective date of this Law, after 12 months are not subject to compulsory social insurance but also do not participate in voluntary social insurance and have paid social insurance for less than 20 years...

The law comes into effect from July 1, 2025.

Member of the National Assembly Standing Committee, Chairwoman of the Social Committee Nguyen Thuy Anh presented a report on receiving, explaining and revising the draft Law.

Do not want employees to receive social insurance at one time

Previously, presenting the report on receiving, explaining and revising the draft Law on Social Insurance (amended), Member of the National Assembly Standing Committee, Chairwoman of the Social Affairs Committee Nguyen Thuy Anh said: Regarding the conditions for receiving one-time social insurance (point d, clause 1, Article 70 and point d, clause 1, Article 102), at the discussion session in the hall, 18 delegates chose option 1; 7 delegates chose option 2; 5 delegates proposed other options; some other opinions said that it is necessary to regulate to both ensure the rights of workers but not encourage them to receive one-time social insurance so that they continue to participate in social insurance to ensure social security when they retire.

On June 18, 2024, the Standing Committee of the National Assembly directed to collect votes to seek opinions from National Assembly deputies on this content. The results showed that 355/487 deputies gave their opinions, of which 310/355 National Assembly deputies (accounting for 87.32% of the deputies giving their opinions) chose option 1. Based on this result, the Standing Committee of the National Assembly asked the National Assembly for permission to accept and revise the draft Law according to option 1, which was chosen by the majority of National Assembly deputies and this is also the option that the Government prioritized when submitting to the National Assembly at the 6th Session.

Delegates vote to pass the Law on Social Insurance (amended)

The National Assembly Standing Committee found that the option chosen by the majority of delegates also has more advantages, such as: ensuring the inheritance of current regulations, not affecting much the nearly 18 million people participating in social insurance, thus limiting disruption in society.

This plan institutionalizes the spirit of Resolution No. 28-NQ/TW "reducing the situation of receiving one-time social insurance benefits by increasing benefits if the social insurance participation period is reserved to receive retirement benefits" and limits the situation of a social insurance participant receiving multiple one-time social insurance benefits in the past.

Although there are regulations on receiving one-time social insurance, the National Assembly Standing Committee does not expect employees to request to receive one-time social insurance. Employees need to continue participating in social insurance to ensure long-term social security.

Source: https://kinhtedothi.vn/quoc-hoi-chot-phuong-an-huong-bao-hiem-xa-hoi-mot-lan.html