Mr. Nguyen Van Dong (name of the character changed) is a non-specialized worker (HĐKCT) in the residential group.
According to Mr. Dong, Clause 1, Article 15 of Decree No. 185/2026/ND-CP dated May 26, 2026 of the Government stipulates: "The state budget allocates the allowance fund, including support for social insurance (BHXH) contributions to pay monthly allowances for people with HĐKCT in villages and residential groups...".
In addition, point a, clause 1, Article 33 of the Law on Social Insurance No. 41/2024/QH15 dated June 29, 2024 of the National Assembly stipulates that the monthly contribution level of employees is equal to 8% of the salary as the basis for compulsory social insurance contributions to the pension and survivorship fund.
Point a, point b, clause 1, Article 34 of the Law on Social Insurance No. 41/2024/QH15 stipulates that employers monthly pay compulsory social insurance based on salary as the basis for compulsory social insurance contributions, including 3% to the sickness and maternity fund and 14% to the pension and death fund.
From the above regulations, Mr. Dong said that the total monthly compulsory social insurance contribution is 25%, of which employees contribute 8% and employers contribute 17%.
Therefore, Mr. Dong proposed that the Ministry of Home Affairs clearly guide the provisions of Clause 1, Article 15 of Decree No. 185/2026/ND-CP on the state budget allocating allowance funds, including social insurance contribution support for people with HĐKCT in villages and residential groups.
Mr. Dong requested to clarify whether the social insurance contribution support in the allocated allowance fund includes the entire 25% of the compulsory social insurance contribution level of both employees and employers or only includes 8% of the employee's contribution.
Regarding Mr. Dong's reflection and proposal, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Clause 3, Article 16 of Decree No. 185/2026/ND-CP dated May 26, 2026 of the Government stipulating the organization and operation of villages and residential groups and regimes and policies for people with HĐKCT in villages and residential groups stipulates: People with HĐKCT in villages and residential groups are entitled to compulsory social insurance, health insurance and other regimes and policies according to the provisions of law on social insurance, health insurance and current law.
At the same time, Clause 1, Article 15 of Decree No. 185/2026/ND-CP stipulates: "The state budget allocates allowance funds (including social insurance contribution support) to pay monthly allowances to people with HĐKCT in villages and residential groups".
Based on the allowance fund contracted by the state budget for each village and residential group; the balancing capacity of the local budget; relevant legal regulations and the specific characteristics of villages and residential groups in the area, the Provincial People's Committee submits to the People's Council of the same level to specifically stipulate the allowance level for each position of voters in villages and residential groups and implement the social insurance regime according to the provisions of the law on social insurance.
