On the morning of September 23, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Law on Social Insurance (BHXH).
Presenting the report, Member of the Party Central Committee, Minister of Home Affairs Nguyen Tien Hai said that the draft Law amends and supplements contents related to arranging the organizational structure of the local government at 2 levels.
At the same time, abolishing regulations on dossiers and administrative procedures on social insurance; amending the authority, names of ministries and sectors and some regulations on regimes, policies and investment content of the Social Insurance Fund.
According to Minister Nguyen Tien Hai, the draft amends and supplements a number of regulations on regimes and policies to ensure consistency in the provisions of the Law on Social Insurance, creating a legal basis for agencies in the process of implementation.
The draft amended Law excludes people who are receiving monthly social pension benefits from being subject to compulsory and voluntary social insurance participation.
To ensure a roadmap to expand the coverage of social insurance policies appropriately and feasibly for groups of people working without labor relations, people working on digital platforms, the draft supplements and amends regulations in the direction of:
The National Assembly Standing Committee decides on compulsory social insurance participation for people working without labor relations, people working on digital platforms based on the Government's proposal.
On that basis, the Government will continue to direct comprehensive research and assessment in the process of drafting a new resolution on salary and social insurance policies to submit to competent authorities for consideration and decision" - the Minister of Home Affairs stated clearly.
Regarding the concept of supplementary pension insurance, it is expanded to allow individuals to directly participate if they need it on the principle of voluntariness.
Amending regulations on authorizing others to implement social insurance in the direction of removing the maximum validity period of 12 months. Only stipulating the form of pension and social insurance allowance payment through the beneficiary's account and assigning the Government to specify details.
Supplementing regulations assigning the Government to detail the voluntary social insurance contribution period to calculate maternity benefits and the funding source to ensure the implementation of maternity benefits.
Preliminary appraisal of the draft Law, Member of the Party Central Committee, Chairman of the Committee for Culture and Social Affairs Nguyen Dac Vinh said that regarding social insurance participants, the Standing Committee basically agreed in principle with the Government's proposal to gradually expand the scope of participation, ensure social security rights and implement the objectives of Resolution No. 28.
However, the regulation that the group of subjects "people working without labor relations, people working on digital platforms" must participate in compulsory social insurance is very broad, requiring careful consideration and evaluation.
The Standing Committee of the Committee proposed that the Government specifically identify subjects eligible for compulsory social insurance participation based on analyzing and fully assessing the legal and practical basis; review and amend to ensure the synchronicity of laws on labor, employment and related fields.
Regarding supplementary pension insurance, according to Mr. Nguyen Dac Vinh, there are concerns that adding subjects who only include employees participating in supplementary pension insurance is not consistent with the viewpoint of the 2024 Social Insurance Law newly passed by the National Assembly.
Therefore, it is proposed that the Government clarify the proposal to expand the subjects; stipulate the mechanism for controlling the management and use of funds and the responsibilities of state management agencies, organizations, and related individuals.
