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 (BHXH).
Contributing opinions to the draft, Hai Phong City People's Committee proposed to expand the subjects participating in social insurance, especially for informal workers and digital platform workers such as technology drivers, shippers, and online sellers.
In addition, the Department of Home Affairs of Cao Bang province proposed to change the criteria for determining to expand the subjects participating in compulsory social insurance. The Department proposed to change the basis for compulsory social insurance participation from based on "labor relations/labor contracts" to based on "actual income".
This Department also proposed to stipulate that all subjects with stable income are subject to compulsory social insurance participation, regardless of contract term (including less than 1 month) or working form.
At the same time, there needs to be a budget mechanism to partially support contributions to encourage collaborators, tour guides, people working in restaurants, hotels, seasonal workers... to participate in compulsory social insurance.
Regarding this content, the Ministry of Home Affairs said that currently workers belonging to the above groups who are not subject to compulsory social insurance are subject to voluntary social insurance with flexible contribution methods.
At the same time, the State has many policies to support voluntary social insurance participants.
Therefore, for some groups of subjects according to local proposals, when switching from voluntary social insurance participants to compulsory social insurance, they will not enjoy support policies such as participating in voluntary social insurance, and the payment method does not ensure flexibility suitable for participating subjects.
Therefore, the Ministry of Home Affairs proposes to promote the application of information technology to increase access to this target group.
The draft Law amending and supplementing a number of articles of the Law on Social Insurance will be submitted to the National Assembly for consideration this year.
The 2024 Law on Social Insurance has expanded the subjects of compulsory social insurance participation to those who work under contracts not in the name of labor contracts but with content showing paid employment, wages and the management, administration, and supervision of one party.
This regulation reflects a change in the perception of labor relations, ensuring: The nature of work, salary and management and supervision are decisive factors for compulsory social insurance participation, instead of just relying on the name and form of the contract.
This helps protect the rights of many workers who are working in informal forms or contracts with other names that are actually labor relations.
The 2024 Law on Social Insurance also expands other groups of subjects participating in compulsory social insurance from July 1, 2025, including: Business household owners of business households with business registration; Business managers, controllers, representatives of state capital, representatives of enterprise capital; 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 that do not receive salaries; Part-time workers; Non-specialized workers in villages and residential groups; Standing militia forces.
