According to the summary of opinions, reception, explanation of comments and social criticisms on the draft Law amending and supplementing a number of articles of the Law on Social Insurance (BHXH) No. 41/2024/QH15, the Delegation of National Assembly Deputies of Lam Dong province stated: The draft Law amending and supplementing regulations on subjects participating in compulsory social insurance, including groups of non-specialized workers enjoying allowances from the state budget.
This regulation is consistent with the requirements of arranging the organizational structure, organizing local government at 2 levels and ensuring consistency with the law on local government organization.
However, after arranging administrative units and reorganizing villages and residential groups, cases may arise where non-specialized workers who have participated in social insurance for a period of time are affected by the arrangement of the organizational structure, changes in working positions or termination of tasks.
At the same time, practice also gives rise to groups of workers who have jobs and regular income from service provision, business, transportation or flexible job models through digital platforms, technology applications but are not fully covered by compulsory social insurance policies.
The delegation of National Assembly deputies of Lam Dong province proposed to study and fully regulate the transition mechanism for non-specialized workers at the commune, village, and residential group levels who have participated in social insurance before the amended Law takes effect; ensuring that the process of participating, paying, and enjoying social insurance is not interrupted.
In addition, research to supplement the group of workers with jobs, stable and regular incomes on digital platforms or flexible job models into the area of compulsory social insurance participation according to an appropriate roadmap, assigning the Government to specifically stipulate conditions and criteria for determining subjects to ensure feasibility when organizing implementation.
Regarding the above proposed content, the Ministry of Home Affairs proposed to keep it as in the draft.
Currently, the social insurance system is designed to be multi-layered, thus expanding the benefits for people with social insurance participation time (only needing social insurance contribution time) to receive pensions and monthly allowances when reaching retirement age.
Therefore, non-specialized workers who have participated in social insurance for a period but are affected by the arrangement of the organizational structure, change of working position or termination of tasks have many choices to continue participating or reserve to receive pensions and monthly allowances when they reach retirement age.
Law on Social Insurance No. 41/2024/QH15 passed by the National Assembly at the 7th Session of the 15th National Assembly takes effect from July 1, 2025.
This Law has supplemented 5 groups of subjects subject to compulsory social insurance participation and assigned the National Assembly Standing Committee to decide on compulsory social insurance participation for subjects other than subjects subject to current compulsory social insurance participation who have stable and regular jobs and incomes based on the Government's proposal in accordance with the socio-economic development conditions of each period.
Up to now, the Law on Social Insurance No. 41/2024/QH15 has only been implemented for 1 year, the continued addition of compulsory social insurance participants needs to be considered and carefully evaluated from many different perspectives, ensuring consistency and conformity with the provisions of law on social insurance contributions, settlement of social insurance benefits and the ability of employees.
Therefore, the Ministry of Home Affairs will coordinate with the Ministry of Finance and ministries and sectors to study and report to competent authorities for consideration and decision on continuing to expand the subjects subject to compulsory social insurance participation.
For employees who are not subject to compulsory social insurance participation, they are subject to voluntary social insurance participation.
Currently, the Party and the State have many policies to support and encourage employees to participate in voluntary social insurance such as support for contributions, one-time maternity allowance. Voluntary social insurance has flexible contribution methods and contribution levels suitable to the capacity of each employee.
