The Ministry of Home Affairs has reported on the progress of preparation and some major contents of the draft Law amending and supplementing a number of articles of the Law on Social Insurance (BHXH).
In which, the Ministry of Home Affairs has proposed amendments and supplements related to the arrangement of the organizational structure of the political system and the organization of local government at 2 levels.
After the arrangement of the political system, Vietnam Social Security is a special unit under the Ministry of Finance, therefore, the draft Law does not stipulate the legal status of the social insurance agency.
However, in its role as the agency implementing social insurance regimes and policies, the draft Law maintains the structure of the Law on Social Insurance No. 41/2024/QH15 in stipulating the powers and responsibilities of the social insurance agency, in addition to regulations on the rights and responsibilities of other agencies, organizations, and individuals regarding social insurance.
The draft Law amends and supplements in the direction of only stipulating the functions of the social insurance agency: "The social insurance agency has the function of implementing social insurance regimes and policies; managing and using social insurance funds".
At the same time, there are amendments to the powers and responsibilities of the social insurance agency to be consistent with the current functions and ensure that the Law does not stipulate contents that are not stable.
To ensure compliance with the principle of decentralizing the authority of local authorities, decentralizing and decentralizing powers in the Law on Organization of Local Government; in order to enhance the effectiveness of state management of social insurance in localities, the draft Law has amended Article 138 in the direction of:
Clearly stipulate the responsibilities of provincial-level People's Committees and commune-level People's Committees in state management of social insurance; in accordance with the tasks and powers of the Provincial People's Council in deciding policies and measures to ensure local social security.
Along with that, stipulate the responsibilities of the commune-level People's Committee in accordance with the capacity and conditions for performing tasks of the commune-level government.
