In the previous draft, the drafting agency (Ministry of Home Affairs) proposed amending Clause 6, Article 5 of the 2024 Law on Social Insurance in the direction of adjusting the rounding method of social insurance contribution time with odd months when calculating the benefit level.
The social insurance contribution period with odd months from 1-3 months is calculated as 0.25 years; from 4-6 months is calculated as 0.5 years; from 7-9 months is calculated as 0.75 years and from 10-11 months is calculated as 1 year.
This proposal replaces the current regulations in the 2024 Law on Social Insurance, according to which the social insurance contribution period with odd months from 1-6 months is calculated as half a year, from 7-11 months is calculated as one year when calculating the benefit level.
In the process of collecting opinions, the Ministry of Finance said that the draft proposal to subdivide odd months to calculate the benefit level according to the ratios of 0.25; 0.5; 0.75 years instead of rounding regulations has been implemented for a fairly long time but has not been carefully assessed the reasons and reasons for necessary amendments.
According to the Ministry of Finance, regulations like the draft may directly reduce the benefits of the majority of beneficiaries, create negative reactions and create a psychology of comparison between retirees before and after the new law takes effect.
Therefore, the Ministry of Finance proposes to study and supplement a specific and thorough impact assessment of this proposal, especially the impact before and after the amended and supplemented law takes effect.
The Ministry of Justice also has a similar opinion. According to this agency, the subdivision of rounding periods has not been fully assessed in terms of necessity while it may directly reduce the rights of the majority of workers compared to current regulations, easily leading to reactions from workers and public opinion.
The Ministry of Justice cited an example, according to current regulations, people with a social insurance contribution period of 15 years and 1 month will be rounded to 15 years and 6 months. However, according to the new plan, it is only calculated as 15 years and 0.25 years. Therefore, if there are no problems or inadequacies, the Ministry of Justice proposes to consider maintaining the same calculation method as the 2024 Social Insurance Law.
In addition, the Delegation of National Assembly Deputies of Vinh Long province, the Delegation of National Assembly Deputies of Hai Phong city, the Department of Home Affairs of Bac Ninh province, the Delegation of National Assembly Deputies of Dong Nai province... also contributed opinions that amending in a more detailed direction on the method of calculating social insurance contribution time with odd months contributes to ensuring fairness in enjoyment and consistency with regulations on calculating the pension benefit rate.
However, this change may affect the rights of participants and change the level of expenditure from the Social Insurance Fund.
The units requested the Drafting Committee to fully assess the financial impact, the number of affected subjects and the ability to balance the fund to ensure the feasibility, stability and sustainability of the policy according to the principle of contribution and benefit of the Law on Social Insurance.
Accepting the comments, the Ministry of Home Affairs said that it has completed the draft law in the direction of removing the proposal to adjust the rounding method for the social insurance contribution period with odd months.
According to the latest draft, the regulations are kept unchanged as in the 2024 Social Insurance Law. The minimum social insurance contribution period to determine the conditions for enjoying monthly pensions and survivor's allowances is calculated annually, one year must be fully calculated at 12 months.
When calculating the benefit level, the social insurance contribution period with odd months from 1-6 months is calculated as half a year, and from 7-11 months is calculated as one year.
