Authorized by the Prime Minister, Minister of Labor, War Invalids and Social Affairs Dao Ngoc Dung signed the Government's Submission on the Draft Law on Social Insurance (amended).
In the Draft Law on Social Insurance (amended), the Government reported to the National Assembly for opinions on two options for withdrawing social insurance at one time.
Specifically, regarding one-time social insurance, the content of the submission clearly states that Resolution 28-NQ/TW sets out directions with appropriate regulations to reduce the situation of receiving one-time social insurance in the direction of increasing benefits if the social insurance participation period is reserved to receive retirement benefits, and reducing benefits if receiving one-time social insurance.
In terms of practical basis, after 7 years of implementing the Social Insurance Law 2014, the total number of people receiving one-time social insurance benefits is about 4.5 million, of which nearly 1.3 million people after receiving one-time social insurance benefits continue to return to the labor market and continue to participate in social insurance, accounting for nearly 28% of the total number of people receiving one-time social insurance benefits in the period 2016-2022.
Regarding the proposed amendments, the Draft Law on Social Insurance (amended) has many amendments and supplements in the direction of increasing benefits, increasing attractiveness, encouraging employees to reserve their contribution period to receive pension instead of receiving social insurance at one time as the conditions for receiving pension are easier (reduced from 20 years to 15 years). Receive monthly allowances in case of having social insurance contribution period but not eligible for pension and not yet old enough to receive social pension. Receive health insurance guaranteed by the state budget during the period of receiving monthly allowances. In addition, employees who are unemployed and have no job are also entitled to credit support policies to solve the immediate financial difficulties of employees.
Regarding the regulation on receiving one-time social insurance benefits, the draft Law proposes two options at Point d, Clause 1, Article 70.
Option 1 stipulates one-time social insurance benefits for two different groups of employees.
Group 1: For employees who participated in social insurance before the Law on Social Insurance (amended) took effect, after 12 months of unemployment and less than 20 years of social insurance contributions, if in need, they can receive a one-time social insurance payment.
In essence, this regulation inherits Resolution 93/2015/QH13, allowing employees to choose between reserving their social insurance participation time to enjoy benefits or receiving social insurance at a lump sum if needed. But the difference this time is that if employees choose to reserve and not receive social insurance at a lump sum, they will enjoy additional benefits. In case employees choose to receive social insurance at a lump sum, they will lose the opportunity to receive the above additional benefits.
Group 2: For employees who start participating in social insurance from the time the Law on Social Insurance (amended) takes effect (expected July 1, 2025), they will not receive one-time social insurance (one-time social insurance will only be settled in the following cases: reaching retirement age but not having enough years of contribution to receive pension; going abroad to settle down or suffering from one of the life-threatening diseases as prescribed in Article 60 of the current Law on Social Insurance).
The advantage of this plan is to gradually overcome the situation of receiving one-time social insurance benefits in the past according to the spirit of Resolution 28-NQ/TW.
According to recent statistics, with this plan, in the first years, the number of people receiving one-time social insurance benefits does not decrease much, but in the following years, it decreases more and more. From the 5th year onwards, it will decrease rapidly, possibly reducing the number of people receiving one-time social insurance benefits by more than half compared to the recent period, moving towards international standards and practices, helping workers enjoy maximum long-term benefits when they reach retirement age, contributing to stabilizing their lives in old age.
In the short term, this option does not help maintain or increase the number of social insurance participants compared to option 2, but in the long term, this option is more optimal.
Because this regulation does not affect employees participating in social insurance, it will be easier to receive consensus from employees.
The disadvantage of this option is that it only applies to employees who start participating in social insurance from the effective date of this Law, so more than 17.5 million employees participating in social insurance still have the right to choose to receive social insurance at a time.
Therefore, the number of people receiving one-time social insurance benefits has not decreased much, especially in the first years after the new Law took effect. At the same time, it creates a comparison between workers participating before and after this Law took effect in receiving one-time social insurance benefits.
Option 2, "After 12 months of not participating in compulsory social insurance, not participating in voluntary social insurance and having paid social insurance for less than 20 years, if the employee requests, a part of the payment will be settled, but not more than 50% of the total time paid into the pension and death fund. The remaining social insurance payment time will be reserved for the employee to continue participating and enjoying social insurance benefits.".
The advantage of this plan is to ensure the spirit of Resolution 28-NQ/TW. It harmonizes the immediate interests of workers and long-term social security policies.
Although the number of people receiving one-time social insurance may not decrease much compared to the current level, when employees receive one-time social insurance, they will not completely leave the system because they still reserve a part of the remaining payment period (not affecting the number of participants); employees who continue to participate will have their payment period added to enjoy the social insurance regime with higher benefits; employees are more motivated to continue participating, accumulate the payment process to qualify for pension; employees have more opportunities to qualify for pension when they reach retirement age. This is an option that both meets the needs of employees to receive one-time social insurance at the present time, but also meets the requirements of ensuring the stability of the system and the rights of employees in the long term.
The disadvantage is that it has not completely resolved the issue of one-time withdrawal of social insurance according to international standards and practices. Employees have resolved a part of the payment period, but can only reserve a part of the payment period, which will affect the enjoyment of social insurance regimes (short payment period) when continuing to participate.
Workers who are not entitled to receive a one-time social insurance payment for the entire contribution period will feel that their benefits are reduced in the short term; at the same time, there may be an increase in the number of workers requesting to receive a one-time social insurance payment before the Law takes effect. In addition, according to this plan, the situation of receiving a one-time social insurance payment at a young age (before retirement age) will continue in the future.
Wisdom
Source
Comment (0)