On the morning of November 27, under the chairmanship of National Assembly Chairman Tran Thanh Man , the National Assembly discussed in the hall the draft Law on Employment (amended). Vice Chairman of the National Assembly Nguyen Thi Thanh chaired the meeting.
Vice Chairwoman of the National Assembly Nguyen Thi Thanh said that on November 9, 2024, the National Assembly discussed in groups the draft Law on Employment (amended). The drafting agency has reported on the initial information on receiving and explaining the opinions of National Assembly deputies discussed in groups.
The Vice Chairman of the National Assembly asked the National Assembly deputies to speak on issues such as: Has the comprehensive amendment of the Law on Employment ensured the full institutionalization of the Party's viewpoints and policies on labor market development, improving the quality of human resources, and creating sustainable jobs? Has it ensured consistency in the legal system and compatibility with relevant laws?
The Vice Chairman of the National Assembly also asked delegates to give their opinions on the subjects of loans to support job creation and job expansion, whether the provisions in the draft law cover all subjects or not, and whether they are consistent with the Party's policy on increasing sustainable employment opportunities for people of working age and after working age to take advantage of the golden population period and adapt to population aging.
Review of administrative procedure regulations in the draft Law
Participating in the discussion, many National Assembly deputies agreed with the promulgation of the Law as the Government's Report to the National Assembly; the promulgation of the Law on Employment aims to institutionalize the Party's policies and guidelines on employment issues; overcome shortcomings and limitations in the 2013 Law on Employment; ensure consistency, unity and suitability of the legal system under the management and regulation of the State; meet the needs of socio-economic development; contribute to promoting the development of the labor market, towards ensuring sustainable employment for all workers.
Commenting on the regulations on administrative procedures in the draft Law, delegate Nguyen Minh Tam - National Assembly Delegation of Quang Binh province said that, thoroughly implementing the direction of the National Assembly Chairman in Document No. 15/CTQH dated October 29, 2024 on innovation in thinking in law-making, in which the basic spirit is not to regulate administrative procedures, records, and procedural order in the law but to assign them to the Government and Ministries to regulate.
Through studying the draft Law, delegates found that there are still some provisions on administrative procedures such as: Procedures for labor registration (Article 23); adjustment of employment information in the employee database (Article 25); procedures for supporting employers in training and improving vocational skills to maintain employment for employees (Article 63); Procedures for receiving unemployment benefits (Article 66); procedures for supporting employees in participating in vocational training (Articles 74, 77)... Therefore, delegates suggested that the drafting agency review and remove provisions on administrative procedures from the draft Law and assign the Government to regulate this content.
Regarding the provisions on the State's employment policy (Article 5), delegates agreed with the 9 policies stipulated in the draft Law. However, they requested the Drafting Committee to study and consider supplementing employment policies for female workers who are pregnant and raising children under 12 months old in order to create jobs for female workers, contributing to the achievement of gender equality goals and the rights of female workers who are pregnant and raising children.
Regarding the subjects participating in unemployment insurance (Article 56), delegates agreed with the groups of subjects stipulated in the draft Law and also highly agreed with the provisions in Clause 4, Article 56 of the draft Law, accordingly assigning "The National Assembly Standing Committee to decide on participation in unemployment insurance for subjects other than those stipulated in Clause 1 of this Article who have stable and regular jobs and incomes based on the Government's proposal in accordance with the socio-economic development conditions of each period" with the above provisions ensuring flexibility and initiative in the application process.
However, the delegate suggested that the Drafting Committee consider adding the group of "business owners of business households with business registration as prescribed" to the group of subjects participating in unemployment insurance in this draft Law, because this is the group of subjects participating in compulsory social insurance as prescribed in the Law on Social Insurance recently passed by the National Assembly on June 29, 2024 and effective from July 1, 2015. On the other hand, in the process of business activities, this group of subjects may encounter difficulties leading to job loss and unemployment, for example, during the recent Covid-19 pandemic. Therefore, the Drafting Committee is requested to consider this group of subjects.
It should be stipulated that all poor and near-poor households are supported with loans.
Discussing at the meeting hall, many National Assembly deputies also gave their opinions on the regulations on subjects of loans to support job creation and maintaining and expanding employment in the draft Law.
Commenting on Article 10 of the draft Law, delegate Pham Van Hoa - National Assembly Delegation of Dong Thap province said that the regulation that only poor households and near-poor households in island districts and extremely difficult communes are allowed to borrow capital is unfair to poor households and near-poor households in other places. That is, only the regulation provides support for extremely difficult communes, poor and near-poor households in ethnic minority areas, while poor households in other places are not supported. Such a regulation is unreasonable. Therefore, the delegate suggested that it should be regulated that all poor households, near-poor households and extremely difficult communes nationwide are supported with loans.
Regarding the regulation on labor registration in Chapter 3, delegate Pham Van Hoa said that this is a very new and important content, however, the regulation is not clear; at the same time, he wondered who is the agency or organization that registers labor and employment, the Department of Labor, War Invalids and Social Affairs or the Labor Department or the commune or ward? If commune and ward officials are responsible for registering additional labor jobs, they will encounter many difficulties because they have to take on many jobs. Therefore, the delegate suggested that the Drafting Committee further study the reasonableness of this issue. If it is not reasonable, it is recommended to remove this regulation in Chapter 3 to avoid causing complications for commune and ward establishments.
Delegate Chu Thi Hong Thai - National Assembly Delegation of Lang Son province agreed with the amendment of the Law on Employment as proposed by the Government and agreed with many contents in the inspection report of the National Assembly's Social Committee.
Commenting on policy credit for job creation (Article 7), delegate Chu Thi Hong Thai said that point a, Clause 2, stipulates the capital source for job creation loans: The central budget is allocated to the Social Policy Bank from other development investment expenditures. Regarding central capital, the delegate suggested that the Government stipulate the principle of allocating capital from the Central Social Policy Bank to local Social Policy Banks. This includes prioritizing the allocation of more capital to provinces with low budget revenue and high dependence on the central budget. Because these localities have subjects with great demand for loans, but limited budget revenue, the allocation of capital from local budget sources to the Social Policy Bank is not much.
To have more capital for the job creation program, delegates suggested that the Government study and consider a mechanism to transfer loan capital from production and business households in difficult areas that cannot be disbursed due to the lack of eligible subjects to the job creation loan program with high capital demand but no source to lend.
Regarding the subjects of loans to support job creation, maintenance and expansion (Article 8), the delegate said that point b stipulates that workers from poor households of ethnic minorities are eligible. The delegate proposed to add the following subjects: workers from near-poor households, newly escaped poverty households, and households with average living standards of ethnic minorities. These are subjects that are also very difficult, have a great need for loans, but it is very difficult to access commercial banks that require collateral or the ability to pay interest does not meet the requirements.
Source: https://baotainguyenmoitruong.vn/du-an-luat-viec-lam-sua-doi-huong-toi-bao-dam-viec-lam-ben-vung-cho-tat-ca-lao-dong-383745.html
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