Contributing opinions on the amended Law on Social Insurance, many units agreed with the plan proposed by the Ministry of Home Affairs to reduce the age for receiving social pension benefits from 75 years old to 70 years old.
In addition, many units also contributed opinions on the regime for people who are not yet old enough to receive pension benefits but do not have a pension.
According to current regulations in Article 23 of the Law on Social Insurance, the regime for employees who do not meet the conditions to receive pensions and are not old enough to receive social pension benefits is regulated as follows:
Vietnamese citizens who are old enough to retire, have paid social insurance for a period of time but do not meet the conditions to receive pensions according to the provisions of law and do not meet the conditions to receive social pension benefits according to the provisions of Article 21 of this Law, if they do not receive one-time social insurance, do not reserve and have a request, they are entitled to monthly allowances from their own contributions according to the provisions of Clause 2 of this Article.
The period of enjoyment and the monthly allowance level are determined based on the contribution period and the basis for social insurance contribution of employees.
The lowest monthly allowance level is equal to the monthly social pension allowance level specified in Clause 1, Article 22 of this Law.
In case the total amount calculated according to the contribution period and social insurance contribution basis of the employee is higher than the amount calculated according to the monthly allowance level equal to the social pension level at the time of settlement for the period from reaching retirement age to reaching the age to receive social pension benefits, the employee is entitled to a monthly allowance at a higher level.
In case the total amount calculated according to the contribution period and the basis for social insurance contribution is not enough for employees to receive monthly allowances until they reach the age to receive social pension allowances, if employees wish, they are allowed to pay in one installment for the remaining part to receive allowances until they reach the age to receive social pension allowances.
The monthly allowance level specified in Clause 3 of this Article is adjusted according to the provisions of Article 67 of this Law.
In case the person currently receiving monthly allowance dies, the relatives are entitled to a one-time allowance for the months they have not received and are entitled to a one-time funeral allowance if they meet the conditions specified in point a, clause 1, Article 85 or point a, clause 1, Article 109 of this Law.
People who are currently receiving monthly allowances are covered by the state budget for health insurance.
The Government specifies this.
Contributing opinions on the above regulations, Quang Tri Provincial People's Committee said that regarding the monthly allowance regime for people who are old enough to retire but do not yet meet the conditions to receive a pension.
According to the provisions of Article 23 of the 2024 Law on Social Insurance, employees who reach retirement age but are not eligible for pension and are not eligible for social pension benefits are entitled to monthly allowances if requested.
However, through the implementation process, Quang Tri Provincial People's Committee said that there are problems arising for cases where employees have participated in social insurance before 2007, and the salary used as a basis for social insurance contributions includes regional allowances.
Currently, for cases of receiving one-time social insurance benefits, employees are still entitled to a one-time regional allowance according to regulations.
Meanwhile, the case of choosing to preserve the social insurance contribution period to enjoy monthly allowances according to Article 23 of the 2024 Law on Social Insurance has not been considered for settlement of this allowance.
This leads to a lack of synchronization in policies, not really ensuring the principle of contribution - benefit and may affect the psychology of choice of workers, reducing the attractiveness of the policy of preserving social insurance participation time to receive monthly allowances instead of receiving one-time social insurance benefits.
To ensure the legitimate rights of social insurance participants, and at the same time encourage employees to continue to preserve their social insurance participation time, limiting the situation of enjoying one-time social insurance benefits, it is proposed to study and supplement regulations so that monthly allowance beneficiaries according to Article 23 of the 2024 Social Insurance Law are entitled to a one-time regional allowance for the period of social insurance participation before 2007, including regional allowances.
Giving opinions on this contribution, the Ministry of Home Affairs proposed to maintain the provisions of Article 23 of the Law on Social Insurance No. 41/2024/QH15.
The reason given by the Ministry of Home Affairs is that Article 23 stipulates general principles on regimes for employees who do not meet the conditions to receive pensions and do not meet the conditions to receive social pension benefits, and at the same time assigns the Government to detail this.
The Ministry of Home Affairs acknowledges the opinions of the People's Committee of Quang Tri province for research in the process of drafting the guiding Decree.
The Ministry of Finance and the Department of Home Affairs of Nghe An province proposed to supplement regulations for cases where the social insurance contribution period is not enough 1 year, the maximum number of months to receive the allowance is how many months.
However, the Ministry of Home Affairs said that it did not accept this opinion and proposed to maintain the provisions in Article 23 of the Law on Social Insurance No. 41/2024/QH15.
According to the Ministry of Home Affairs, the law has stipulated general principles on the regime for employees who do not meet the conditions to receive pensions and do not meet the conditions to receive social pension benefits, and at the same time assigned the Government to specify details. The Ministry of Home Affairs said that Article 23 of Decree No. 158/2024/ND-CP detailing and guiding the implementation of the Law on Compulsory Social Insurance has specifically stipulated the formula for calculating the monthly allowance benefit period.
