The Ministry of Home Affairs is seeking opinions on the draft law amending and supplementing a number of articles of the Law on Social Insurance.
Notably, in the draft submission, the Ministry of Home Affairs said that, according to regulations, currently some cases are subject to compulsory social insurance but must self-contribute 22% to the pension and death funds (without the employer's contribution) including:
First, workers going to work abroad under contracts specified in the Law on Vietnamese Workers going to work abroad under contracts, except for cases where international treaties to which the Socialist Republic of Vietnam is a member have other provisions;
Second, spouses who do not receive salaries from the state budget and are assigned to work for a term with members of the representative agency of the Socialist Republic of Vietnam abroad are entitled to living expenses;
Third, the business household owner of the business household registered for business participates in accordance with the Government's regulations;
Fourth, enterprise managers, controllers, representatives of state capital, representatives of enterprise capital as prescribed by law; members of the Board of Directors, General Directors, Directors, members of the Supervisory Board or controllers and other management titles elected of cooperatives, cooperative unions as prescribed by the Law on Cooperatives are not entitled to wages.
In essence, these subjects are compulsory but have similar contribution obligations as groups participating in voluntary social insurance, creating a psychology of comparison because participating in voluntary social insurance is supported by the state budget for contributions, while participating in compulsory social insurance is not supported; especially for the group of business households that were previously subject to voluntary social insurance, they are supported, but now they are subject to compulsory social insurance, they are not supported.
The draft Law amending and supplementing Clause 5 and Clause 6 Article 6 of the 2024 Law on Social Insurance in the direction that the State has a policy to support compulsory social insurance contributions for the above-mentioned self-funded subjects; at the same time, encouraging localities, depending on socio-economic conditions, budget balancing capacity, to combine mobilizing social resources to support additional social insurance contributions for this group of subjects.
