Speaking to Lao Dong Newspaper, lawyer Chau Duy Nguyen - An Dang Law Office (Ho Chi Minh City) - said that adding subjects to voluntary social insurance is a big step forward in social security policy, ensuring practical rights for people, especially freelance workers.
Regarding the maternity allowance regime, according to Article 95 of the Social Insurance Law 2024, voluntary social insurance participants will receive a maternity allowance of VND 2,000,000 for each child born or stillborn in the womb from 22 weeks old and above. If female ethnic minority workers or Kinh female workers have a husband who is an ethnic minority in a poor household, they will enjoy other support policies according to Government regulations.
In addition, the state budget will ensure the payment of this subsidy, and the Government can adjust the subsidy level according to the socio-economic situation.
Another notable new point is to reduce the minimum time to receive a pension from 20 years to 15 years. According to lawyer Nguyen, this helps many elderly people and freelance workers have the opportunity to receive pensions if they have paid social insurance for 15 years.
Lawyer Chau Duy Nguyen said that Article 99 of the 2024 Social Insurance Law stipulates that female workers will receive a monthly pension equal to 45% of the average income for 15 years of social insurance contributions. Each additional year of contribution is calculated at 2%, up to 75%.
As for male workers, they need to pay social insurance for 20 years to receive 45% of their average income, each year of additional contributions is added by 2%, up to a maximum of 75%. In case, male workers have paid social insurance for 15 to less than 20 years, they will receive 40% of the average income, with an additional 1% per year.
According to Article 100 of the Social Insurance Law 2024, employees who have paid social insurance more than the prescribed period upon retirement (over 35 years for men, over 30 years for women) will receive a one-time allowance.
The calculation of the one-time subsidy will be equal to 0.5 times the average income used as the basis for social insurance contributions for each year of excess contributions.
In addition, if they are eligible for retirement but continue to pay social insurance, employees will receive an additional allowance, equal to 2 times the average income used as the basis for each year of over-payment from the time of retirement age, said lawyer Nguyen.
Lawyer Nguyen also added that relatives of voluntary social insurance participants are also entitled to death benefits including funeral allowance and one-time death allowance.
Accordingly, if the participants have paid for 60 months or more, or are receiving pensions, when they die, the funeral arrangements will receive 10 times the basic salary at the time of death.
For relatives of those who are participating or reserve the time of voluntary social insurance payment upon death, they will receive a one-time death benefit, with the benefit level depending on the time and period of social insurance payment.
Specifically, if the deceased has paid social insurance before 2014, each year will be calculated 1.5 times the average income as the basis for payment.
If paid from 2014 onwards, the average income will be calculated twice a year. In case the payment is less than 60 months, the benefit level is equal to the amount paid. If the deceased has both compulsory and voluntary social insurance payment period, the relatives will receive at least 3 times the average salary and income as the basis for social insurance payment.
"For those who are receiving or temporarily suspended from receiving pensions and die, the subsidy level is as follows: In case of death in the first 2 months from receiving pensions, they will receive 48 months of pension of the month they are receiving.
In case of death after the third month onwards, each month the pension will be reduced by 0.5 months compared to the prescribed allowance, but the lowest level is still 3 months' pension" - said lawyer Nguyen.
