Compared with the 2013 Law on Employment, the draft Law on Employment (amended) submitted to the National Assembly consists of 9 chapters and 94 articles, with a number of major amendments and supplements to 4 policy groups.
Continuing the 8th Session Program of the 15th National Assembly, on the morning of November 9, the National Assembly listened to the Presentation and Verification Report on the draft Law on Employment (amended).
Addressing issues related to sustainable employment
Presenting the Report on the draft Law on Employment (amended), Minister of Labor, War Invalids and Social Affairs Dao Ngoc Dung said that the proposal to develop the Law on Employment (amended) stems from the requirement to institutionalize the 2013 Constitution, the Party's guidelines and policies and the State's policies on human resource development, job creation, labor market, and reform of unemployment insurance policies as stipulated in the Documents of the 13th National Congress of the Party, Resolution 28-NQ/TW dated May 23, 2018 of the 12th Party Central Committee on reforming social insurance policies, Resolution No. 42-NQ/TW dated November 24, 2023 of the 8th Conference of the 13th Party Central Committee on continuing to innovate and improve the quality of social policies, meeting the requirements of national construction and defense in the new period and related Resolutions and Directives.
The Draft Law ensures the consistency and synchronization of the legal system, especially for newly amended and supplemented Laws (Labor Code 2019, Law on Residence 2020, Law on Vietnamese Workers Working Abroad under Contracts 2020, Law on Social Insurance 2024...); consistent with standards, practices and commitments in the field of employment that Vietnam participates in such as the United Nations Convention on the Elimination of All Forms of Discrimination Against Women; Convention on the Rights of the Child, Convention on Persons with Disabilities, Conventions of the International Labor Organization and international commitments that Vietnam has participated in.
The draft Law also overcomes shortcomings and limitations in the provisions of the Law on Employment on job creation support, labor market information, employment services, vocational skills development and assessment, granting of vocational skills certificates, unemployment insurance, and labor registration; meeting the requirements of improving capacity and effectiveness of State management in the field of employment, promptly responding and adapting to the context of population aging, the fourth industrial revolution, and solving issues related to sustainable employment and labor resource management.
Regarding the new contents of the draft Law on Employment (amended), Minister Dao Ngoc Dung said that the draft Law has institutionalized the goals of sustainable and quality employment, human resource development and labor market development support of the Documents of the 13th National Congress of the Party, Resolution No. 42-NQ/TW; the contents of reforming unemployment insurance policies of Resolution No. 28-NQ/TW. The draft Law closely follows the 4 groups of policies in the proposal to develop the Law project approved by the National Assembly in Resolution No. 89/2023/QH15.
Compared to the 2013 Law on Employment, the draft Law on Employment (amended) submitted to the National Assembly consists of 9 chapters and 94 articles, with a number of major amendments and supplements with 4 policy groups: Flexible, effective, modern, sustainable and integrated labor market management, focusing; perfecting unemployment insurance policies as a tool for labor market management; developing vocational skills, improving the quality of human resources; promoting sustainable job creation. The Government submitted to the National Assembly for consideration and first comments at the 8th Session of the 15th National Assembly (October 2024) and submitted to the National Assembly for approval at the 9th Session of the 15th National Assembly.
Continue to supplement impact assessment of new regulations
Examining the draft Law, the Social Committee of the National Assembly believes that the draft Law is fundamentally consistent with the Party's policies and guidelines, consistent with the provisions and spirit of the Constitution, ensuring consistency and synchronization in the legal system, compatibility with relevant international treaties; the components of the draft Law dossier are sufficient according to the provisions of the Law on Promulgation of Legal Normative Documents.
The National Assembly's Social Committee recommends that the Drafting Agency continue to assess the impact of new regulations and have solutions to ensure feasibility and overcome current limitations in implementation.
Regarding the policy to support job creation and capital for loans to solve employment, Chairwoman of the National Assembly's Social Committee Nguyen Thuy Anh said that, compared to the current Law, the draft Law has stipulated support for creating new jobs, maintaining and expanding jobs through the Social Policy Bank from capital for loans to solve employment, stipulated loans to support working abroad under contracts, supplemented policies to support employment for the elderly and clarified policies to support employment for young people.
The National Assembly's Social Committee requested the Drafting Agency to continue researching and evaluating to ensure feasibility, especially the source of local loans to support workers going to work abroad under contracts; continue to review so that regulations on sources of loans from the state budget are consistent with the provisions of the State Budget Law and other relevant laws; stipulate basic principles to support young people in starting a business; support employment for young people and the elderly.
Regarding labor registration, the new draft Law only stipulates that employers are responsible for labor registration; lacks regulations on labor registration for employees who are not subject to compulsory social insurance and foreign employees; there are no regulations encouraging employees to proactively register for labor; research regulations to make labor registration and labor management methods suitable and adaptable to the implementation process of the Project on developing applications of population data, identification and electronic authentication to serve national digital transformation in the period of 2022-2025; unclear role of the labor, war invalids and social affairs sector in labor registration; mechanism for coordination and sharing of labor data between organizations, individuals and state agencies.
In addition, the National Assembly's Social Committee requested the Drafting Agency to clarify the feasibility of the labor registration regulations for freelance workers; the need to prescribe additional labor registration procedures for participants in compulsory social insurance; the appropriateness of employers declaring labor information to social insurance agencies and review and remove regulations related to the order, procedures, and labor registration dossiers under the Government's authority in the draft Law.
Regarding the labor market information system, the National Assembly's Social Committee said that the draft Law stipulates that the Ministry of Labor, War Invalids and Social Affairs is the focal agency and presides over and coordinates with agencies to carry out activities of collecting, storing, synthesizing information, analyzing, forecasting, and disseminating information on the labor market.
In fact, a lot of information on labor and employment is being carried out by the General Statistics Office and a lot of related information is available in the database on social insurance, population and residence.
The National Assembly's Social Committee recommends that the Government continue to specifically assess and clarify the financial impact of building a labor market information system; the interconnectivity and roadmap for interconnectivity with other databases related to labor and employment. At the same time, it is necessary to define the authority and scope of collecting, synthesizing and managing labor information between the labor, war invalids and social affairs sector and the statistical agency as well as clarify the deadline for announcing and disseminating the results of collecting, analyzing and forecasting information on the labor market./.
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