The Law on Social Insurance (amended) is developed to ensure the social security of the people based on human rights; fundamentally correct problems and inadequacies from practice; expand and increase rights and benefits to attract employees to participate in social insurance.
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The draft Law on Social Insurance (amended) is currently structured with 9 chapters with 136 articles, stipulating social insurance regimes and policies, including: Social pension benefits, compulsory social insurance, voluntary social insurance, and social insurance. supplemental pension insurance; State management of social insurance; organize the implementation of social insurance; register to participate in and manage the collection and payment of compulsory social insurance and voluntary social insurance; rights and responsibilities of agencies, organizations and individuals for social insurance; order and procedures for implementation of social insurance; social insurance fund; complaints, denunciations and handling of violations of social insurance.
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1. Increase rights and benefits to attract employees to participate in social insurance
The goal of law-making is to ensure the social security of the people based on human rights. Fundamentally correcting problems and inadequacies from practice. Expand and increase rights and benefits to attract employees to participate in social insurance.
The law-making viewpoint is: Ensuring the right to social security according to the provisions of the Constitution; inherit and develop appropriate existing regulations, amend unsuitable regulations, and supplement new ones; protect the legitimate rights and interests of the parties participating in social insurance; building social insurance regimes according to the principles of contribution-benefit, fairness, equality, sharing and sustainability; refer to and selectively absorb the experiences of countries around the world.
2. Proposing a plan related to the issue of one-time social insurance benefits
Resolution No. 28-NQ/TW There is a requirement: "There are appropriate regulations to reduce the status of enjoying one-time social insurance in the direction of increasing benefits if the time to participate in social insurance is reserved to enjoy the retirement regime, reducing benefits if enjoying one-time social insurance."
Regarding regulations on one-time social insurance benefits, the draft Law proposes two options, specifically as follows:
Option 1: Regulations on enjoying one-time social insurance for two different groups of employees:
Group 1:For employees who have participated in social insurance beforeLaw on Social Insurance (amended) come into effect, after 12 months of leave, if needed, they will be entitled to receive one-time social insurance.
* Note: This rule inherits Resolution No. 93/2015/QH13 Allowing employees to choose between reserve the time to participate in social insurance to enjoy pension or receive one-time social insurance if needed. But the difference this time is that if the employee chooses to reserve, not receive the lump-sum social insurance, they will enjoy additional benefits. In case the employee has chosen to receive the lump-sum social insurance, he/she is not entitled to receive the additional benefits mentioned above.
Group 2: For employees who start participating in social insurance fromLaw on Social Insurance (amended) effective onward (expected July 1, 2025), they are not entitled to receive lump-sum social insurance (except for the following cases: reaching the pension age but not having paid enough years to enjoy the pension; going abroad to settle down or being suffer from one of the life-threatening diseases specified inSocial insurance lawcurrent).
Plan 2: After 12 months of not participating in compulsory social insurance, not participating in voluntary social insurance and having paid social insurance premiums for less than 20 years, but at the request of the employee, part of the settlement, but not more than 50% of the total time has been paid into the retirement and survivorship fund. The remaining period of social insurance payment is reserved for employees to continue to participate and enjoy social insurance benefits.
This is a plan that not only meets the needs of employees to receive one-time social insurance at the moment, but also meets the requirements of ensuring the stability of the system and the interests of employees in the long term.
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