Expanding the scope and increasing benefits for social insurance participants

At the 6th Session of the 15th National Assembly, the National Assembly Deputies of Ha Tinh had many practical and responsible opinions, contributing to the continued completion of the draft Law on Social Insurance (amended).

National Assembly Deputies of Ha Tinh at the closing session of the 6th Session of the 15th National Assembly .

Avoid taking advantage of the Social Insurance Fund

Agreeing with the need to amend the Law on Social Insurance, but giving comments on the provisions of the draft law, delegate Tran Dinh Gia - Deputy Head of the Delegation of National Assembly Deputies of Ha Tinh province said: At point a, clause 1, Article 3 on subjects participating in compulsory social insurance and voluntary social insurance, it is necessary to add the phrase "income from work according to that agreement" to: "People working under indefinite-term labor contracts, labor contracts with a term of 1 month or more, including cases where the two parties do not sign a labor contract or agree by another name but have content showing paid work, salary, income from work according to that agreement and the management, operation and supervision of one party, except for probationary contracts according to the provisions of labor law".

Because in practice, there are many types of contracts or agreements, agreements between individuals, organizations or individuals to perform tasks and work according to agreements and receive salaries, wages, remuneration or regular income like employees working on technology platforms (technology taxis, tour guides ...). At the same time, Clause 1, Article 24, Labor Code 2019 stipulates: "Employers and employees can agree on the content of the probationary period recorded in the labor contract or agree on the probationary period by signing a probationary contract".

Along with that, in Clause 4, Article 24, it is proposed to increase the word “15 years old” to “18 years old”, to: “People who are subject to voluntary social insurance are Vietnamese citizens aged 18 years or older and not subject to the provisions of Clause 1 of this Article”, to ensure compliance with reality. Because, 15 years old is the age of going to school, at this age, finances are completely dependent on parents and relatives.

Expanding the scope and increasing benefits for social insurance participants

Deputy Head of the National Assembly Delegation of Ha Tinh province Tran Dinh Gia at the 6th Session.

Regarding Clause 1, Article 15 on the functions of the Social Insurance agency, it is necessary to replace the word "contribution" with the phrase "compliance with the law" and add the phrase "of employers and participants, beneficiaries of regimes and policies" to: "The Social Insurance agency is a state agency established by the Government, with the function of implementing compulsory social insurance regimes and policies, voluntary social insurance; managing and using social insurance, health insurance, unemployment insurance funds; specialized inspection of compliance with the law on compulsory social insurance, health insurance, unemployment insurance of employers and participants, beneficiaries of regimes and policies and other tasks as prescribed by this law".

Regarding Clause 2, Article 48 on the conditions for enjoying maternity benefits, it is proposed to increase from "6 months" to "9 months", to: "Employees specified in Points b, c and d, Clause 1 of this Article must pay social insurance for at least 9 months within 12 months before giving birth or adopting a child". Because if the condition is that employees pay social insurance for at least 6 months within 12 months before giving birth or adopting a child, there will be cases of pregnancy and then participating in social insurance to enjoy maternity benefits, this is a loophole for some subjects to take advantage of the Social Insurance Fund...; at the same time, it is proposed that the State has a maternity policy to ensure the rights of women who give birth but do not have the conditions to participate in social insurance, avoiding the situation of profiteering.

Clause 1, Article 94 on maternity allowance stipulates: "Female workers giving birth, male workers whose wives give birth are entitled to 2,000,000 VND for a newborn child". This is a superior policy, contributing to support and creating conditions for those who are entitled to voluntary social insurance... However, in the case of single women giving birth, the caretaker other than the husband will not be entitled to this policy. Therefore, it is recommended to consider and supplement policies for single women, caregivers and single women when giving birth.

Do not ignore the needs and wishes of the subjects for the purpose of increasing the number of social insurance payers.

Delegate Bui Thi Quynh Tho said that the Draft Law on Social Insurance has many humane provisions, which have a broader impact on workers in society. However, the drafting agency needs to coordinate and review the regulations between the new salary regime and the social insurance regime, ensuring consistency in the subjects of payment, scope, content and basis for calculating social insurance contributions.

Expanding the scope and increasing benefits for social insurance participants

Delegate Bui Thi Quynh Tho participated in giving comments .

The draft law expands some subjects participating in compulsory social insurance, including: Business owners and business managers... Cooperatives and cooperative unions that do not receive salaries, the monthly social insurance contribution rate is 25% of the salary used as the basis for insurance contribution (3% for the sickness and maternity fund and 22% for the retirement and death fund). While other subjects such as cadres, civil servants, public employees, armed forces, and employees in enterprises, also contribute at a 25% rate with 2 parties participating (8% for the employee and 17% for the employer), according to the provisions of the draft law, business owners and business managers, Cooperatives and cooperative unions that do not receive salaries will have to shoulder two roles (both as the employer and as the employee).

Recently, a small survey in the form of in-depth interviews with a number of subjects who are business owners and managers of cooperatives who do not receive salaries, when asked about their opinions on participating in compulsory insurance with the contribution rate and basis as prescribed in the draft law, 70% of the respondents answered that they do not want to participate and have no need to participate; and 30% answered that this participation cannot be compulsory, but must be voluntary... Therefore, it is recommended that the drafting agency organize to collect opinions from subjects affected by the draft law, ensuring fairness for these subjects compared to other subjects paying social insurance. Do not ignore the needs and wishes of these subjects for the purpose of increasing the number of people paying social insurance; accordingly, it is also necessary to study and consider whether the above subjects should participate in compulsory or voluntary social insurance.

In addition, there needs to be a flexible mechanism for applying the regulations on compulsory social insurance and voluntary social insurance for Vietnamese workers returning from working abroad in cases where their income is not stable and continuous; ensuring correct and sufficient collection while also meeting the rights of workers... Accordingly, the time working abroad requires compulsory social insurance payment, but when the worker returns home, if his income is not stable and continuous, he can switch to voluntary social insurance payment and enjoy the state's support policy for this type of social insurance, the social insurance payment period is calculated continuously from the time he starts paying social insurance.

Regarding the conditions for enjoying maternity benefits, the Draft Law expands the subjects entitled to maternity benefits, including male employees participating in social insurance whose wives give birth (point e, clause 1, Article 48). However, in reality, some women tend to not get married but still want to have children (although this group is not many, they should also enjoy the state's policy on caregivers when giving birth)... Therefore, it is proposed to add 1 point f, clause 1, Article 48 on the conditions for subjects entitled to maternity benefits as follows: "Employees participating in social insurance register to serve women giving birth".

Quang Duc - Diep Anh

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