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The National Assembly discusses draft laws

Việt NamViệt Nam23/11/2023

The National Assembly discusses draft laws

Thursday, November 23, 2023 | 15:56:56

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Continuing the 6th Session, on the morning of November 23, at the National Assembly House, under the chairmanship of National Assembly Chairman Vuong Dinh Hue, the National Assembly discussed in the hall the draft Law on Social Insurance (amended). Permanent Vice Chairman of the National Assembly Tran Thanh Man chaired the meeting.

Delegate Tran Khanh Thu, National Assembly Delegation of Thai Binh province, spoke at the hall.

Participating in the discussion at the meeting, delegate Tran Khanh Thu, National Assembly Delegation of Thai Binh province, expressed his agreement with the necessity of amending the Law on Social Insurance to overcome the limitations and shortcomings of the 2014 Law on Social Insurance as well as institutionalize the new viewpoints, guidelines and policies of the Party and State on reforming social insurance policies.

Commenting on the regulation on reducing the age from 80 to 75 to receive social pension benefits, delegates agreed on this issue and found it necessary. However, in terms of technique, whether it should be included in this law or amended in the Law on the Elderly needs to be further considered to be appropriate and consistent. In addition, at point a, clause 1, Article 22, there is a regulation on the monthly social pension benefit level prescribed by the Government in accordance with the socio-economic development conditions and the capacity of the state budget in each period.

The delegate proposed to specify the monthly social pension allowance compared to the minimum wage. Point b, Clause 1 of Article 22 stipulates that depending on the socio-economic conditions and the ability to balance the budget and combine resources to mobilize social resources at the local level, the Provincial People's Committee shall submit to the People's Council at the same level a decision on additional support for social pension beneficiaries. The delegate said that this provision does not ensure the principle of unity and equality in the whole country. Therefore, it is suggested to consider this provision and have a common policy for the whole country.

Regarding the issue of receiving social insurance benefits at a time, delegates basically agreed with option 2 because it both ensures the spirit of Resolution No. 28-NQ/TW and is suitable for the current situation. However, delegates suggested considering the determination of the amount of funds for one-time withdrawal. That is, only the amount of funds paid by the employee can be withdrawn, not counting the amount paid by the employer or the state budget.

In addition, the delegate also suggested that the Government needs to determine the reasons for withdrawing social insurance; it is necessary to consult and consult more with the subjects directly affected. It is recommended that the Drafting Committee clarify and have specific regulations for situations where employees do not return to work to continue participating in insurance, how will the 50% of the reserved time in the social insurance system be resolved? Will they receive this reserved time back after a while? In case they return and continue to want to participate in social insurance or participate in labor, do employers have the right to refuse to hire them to continue working? Not to mention whether when they return, they will meet the conditions regarding the payment time as well as the conditions to receive pension later or not?

Regarding the content of handling violations of late payment and evasion of compulsory social insurance as stipulated in Article 37 of the draft Law, the delegate stated that this is very necessary content. However, Clause 2 stipulates the competent authority to decide to stop using invoices for employers who have delayed payment or evaded payment of insurance and this provision means that enterprises may have to stop operating if they stop using invoices and this not only affects employers but also directly affects employees working at these agencies. Regarding this issue, Article 125 of the Law on Tax Administration has provisions, so the delegate suggested that the drafting agency should carefully assess the impact and consider this decision.

In the afternoon, Vice Chairman of the National Assembly Nguyen Khac Dinh chaired a discussion session in the hall on a number of controversial contents of the draft Law on Credit Institutions (amended).

Vu Son Tung

(Office of the National Assembly Delegation and Provincial People's Council)


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