INTRODUCTION TO VIETNAM NEW SOCIAL INSURANCE LAW NO. 41 2024
INTRODUCTION TO VIETNAM NEW SOCIAL INSURANCE LAW NO. 41/2024/QH15
SOME NEW, KEY CONTENTS OF THE LAW
Mr. Nguyen Duy Hieu
Deputy Director of Social Insurance of Binh Duong province
I. LEGAL BASIS
On June 29, 2024, at the 7th Session, the 15th National Assembly passed the Social Insurance Law No. 41/2024/QH15, replacing the Social Insurance Law No. 58/2014/QH13, which was amended and supplemented by a number of articles under Law No. 84/2015/QH13, Law No. 35/2018/QH14, and Code No. 45/2019/QH14.
Social Insurance Law No. 41/2024/QH15 takes effect from July 1, 2025.
- THE NEED FOR LAW-MAKING
- On political basis
– Article 34 of the 2013 Constitution affirms: “Citizens have the right to social security.”
– The 7th Conference of the 12th Central Executive Committee issued Resolution No. 28-NQ/TW dated May 23, 2018 on Reforming Social Insurance (SI) policies (hereinafter referred to as Resolution No. 28-NQ/TW), which set the goal: “Reforming social insurance policies so that SI is truly a main pillar of the social security system, gradually and steadily expanding the coverage of social insurance, towards the goal of universal social insurance. Developing a flexible, diverse, multi-layered, modern and internationally integrated social insurance system based on the principles of contribution – benefit, fairness, equality, sharing and sustainability. Improving the capacity, effectiveness and efficiency of state management and developing a streamlined, professional, modern, reliable and transparent social insurance policy implementation system”.
Resolution No. 28-NQ/TW has set out 11 reform contents, 05 main tasks and solutions, in which the task is identified: “Improving the legal system on labor, employment, and social insurance” .
– The documents of the 13th National Party Congress have set out tasks and solutions directly related to the improvement of policies and laws on social security, including social insurance policies, such as: “Reforming the multi-layered social insurance system based on the principles of contribution – enjoyment, sharing – sustainability”; “Perfecting the legal system on social insurance, moving towards implementing social insurance for all people. Developing a flexible, diverse, modern, multi-layered social insurance system, integrating internationally; harmoniously combining the principles of contribution and enjoyment; fairness, equality, sharing and sustainability. Continuing to modernize social insurance management in a streamlined, professional and effective manner. Striving to have about 60% of the workforce participating in social insurance by 2030”; “
Perfecting the legal system, policies and sanctions for violations in related areas such as … social insurance. Ensuring long-term balance of social insurance funds; gradually separating pension adjustment from salary adjustment of working people; Implement the adjustment to increase the retirement age according to the roadmap. Strive to have the rate of working-age workers participating in social insurance at 45% by 2025 .
II. On practical basis
After 8 years of implementation, the 2014 Social Insurance Law has come into effect, affirming the correctness of the social insurance policy and regime according to the contribution-benefit principle, meeting the aspirations of the majority of workers, ensuring social security and international integration.
However, besides the achieved results, the implementation of the Social Insurance Law 2014 also revealed shortcomings, limitations and inadequacies such as:
(i) The actual coverage of social insurance participants and beneficiaries is still low compared to the potential;
(ii) Compliance with social insurance laws is still low, and late payment and evasion of social insurance payments occur in many businesses and localities;
(iii) Voluntary social insurance policy is not really attractive for people to participate;
(iv) Some regulations are no longer suitable for the current context and practical conditions…
III. GOALS AND PERSPECTIVES ON LAW-MAKING
- Objective
– Ensure social security according to the provisions of the Constitution and institutionalize the reform contents in Resolution No. 28-NQ/TW, develop the social insurance system in a diverse, flexible, multi-layered, modern, internationally integrated direction, towards social insurance coverage for the entire workforce.
– Fundamentally amend the difficulties and shortcomings arising from the practical implementation of the 2014 Social Insurance Law and Resolution No. 93/2015/QH13; ensure constitutionality, legality, consistency, uniformity, feasibility, conformity with international standards and ensure gender equality.
– Expand and increase rights and benefits, create attractiveness to attract workers to participate in social insurance; at the same time, ensure the best benefits for working workers and pensioners. Complete state management regulations and a professional, modern, effective, public and transparent implementation organization system.
- Guiding view
– Ensure social security rights as prescribed by the Constitution; institutionalize viewpoints, guidelines, and reform contents in Resolution No. 28-NQ/TW and related documents and resolutions.
– Inherit and develop current regulations that have been tested in practice, amend inappropriate regulations, ensure feasibility, long-term, and ensure consistency and unity of the legal system; supplement new regulations that are consistent with the country’s socio-economic development trends and international integration requirements.
– Protect the legitimate rights and interests of social insurance participants; create favorable conditions for all workers to participate in and enjoy social insurance regimes.
– Building social insurance regimes based on the principles of contribution – benefit, fairness, equality, sharing and sustainability.
– Selectively refer to and absorb the experiences of countries around the world, especially countries with characteristics similar to Vietnam’s socio-economic development conditions. Comply with international standards, conditions and commitments that Vietnam participates in.
IV. SCOPE AND STRUCTURE OF THE LAW
- Scope of adjustment
The Law on Social Insurance 2024 stipulates the rights and responsibilities of agencies, organizations and individuals regarding social insurance and social insurance implementation organizations; social pension benefits; registration for participation and management of collection and payment of social insurance; compulsory social insurance and voluntary social insurance regimes and policies; social insurance fund; supplementary pension insurance; complaints, denunciations and handling of violations regarding social insurance; state management of social insurance.
Thus, basically, the 2024 Social Insurance Law does not regulate health insurance, unemployment insurance, occupational accident and disease insurance, deposit insurance and other types of business insurance.
- Structure of the Law
The 2024 Social Insurance Law consists of 11 chapters and 141 articles (an increase of 2 chapters and 16 articles compared to the 2014 Social Insurance Law), specifically as follows:
– Chapter I: General provisions, including 9 articles (From Article 1 to Article 9);
– Chapter II: Rights and responsibilities of agencies, organizations and individuals regarding social insurance and social insurance implementation organizations, including 11 articles (From Article 10 to Article 20).
– Chapter III: Social pension benefits, including 4 articles (From Article 21 to Article 24).
– Chapter IV: Registration for participation and management of collection and payment of compulsory and voluntary social insurance, including 17 articles divided into 02 sections (From Article 25 to Article 41).
– Chapter V: Compulsory social insurance, includes 52 articles divided into 05 sections (From Article 42 to Article 93).
– Chapter VI: Voluntary social insurance, including 22 articles divided into 03 sections (From Article 94 to Article 115).
– Chapter VII: Social insurance fund, including 8 articles divided into 02 sections (From Article 116 to Article 123).
– Chapter VIII: Supplementary pension insurance, including 4 articles (From Article 124 to Article 127).
– Chapter IX: Complaints, denunciations and handling of violations of social insurance, including 5 articles (From Article 128 to Article 132).
– Chapter X: State management of social insurance, including 6 articles (From Article 133 to Article 138).
– Chapter XI. Implementation provisions, including 3 articles (From Article 139 to Article 141).
Thus, the 2024 Social Insurance Law inherits the structure of the 2014 Social Insurance Law, adding 03 new contents (Social retirement benefits; Management of social insurance collection and payment; Investment of social insurance fund); removing the section on occupational accident and occupational disease regime (already stipulated in the Law on Labor Safety and Hygiene); adding a chapter on supplementary retirement insurance, a chapter on state management of social insurance; combining articles related to the rights and responsibilities of agencies and organizations in one chapter; not prescribing a separate chapter on social insurance procedures and processes but integrating them into each regime;
V. SOME NEW POINTS OF THE 2024 SOCIAL INSURANCE LAW
Here are 14 key new points of the 2024 Social Insurance Law:
- Supplement social pension benefits to form a multi-layered social insurance system;
- Supplementing regulations to increase the connection between social pension benefits and basic social insurance;
- Expand the subjects participating in and fully enjoying social insurance regimes by expanding the subjects participating in compulsory social insurance;
- Supplementing the right to receive sick leave and maternity benefits for part-time workers at the commune level;
- Add maternity benefits to the voluntary social insurance policy;
- Increase the opportunity to receive pension for social insurance participants;
- Supplementing regulations to increase benefits, increase attractiveness, and encourage employees to reserve their contribution period to receive pension instead of receiving social insurance at one time;
- Better ensure the right to participate in and enjoy social insurance for Vietnamese workers working abroad and foreign workers working in Vietnam;
- Improve the efficiency of social insurance fund investment, strengthen management and improve the efficiency of using social insurance fund;
- Add a chapter on supplementary pension insurance;
- Specific regulations on “reference level” instead of “base salary”;
- Strengthen compliance with the law, protect the rights and legitimate interests of workers;
- Create more favorable conditions for participants and beneficiaries of social insurance benefits;
- Amend and supplement regulations of social insurance regimes to be more suitable to reality, better ensuring the rights of employees.
- Supplementing social pension benefits to form a multi-layered social insurance system
Social pension benefits under the provisions of the Law on Social Insurance 2024 are a type of social insurance guaranteed by the state budget, built on the basis of inheriting and partly developing from the regulations on monthly social allowances for the elderly, which stipulate:
(i) The age for receiving social pension benefits is 5 years lower than the current age for receiving monthly social benefits for the elderly, specifically:
– Vietnamese citizens aged 75 and over who do not receive a monthly pension or social insurance benefit are entitled to social retirement benefits.
– Vietnamese citizens from 70 to under 75 years old who are from poor or near-poor households and meet the conditions are entitled to social pension benefits.
(ii) The monthly social pension allowance level is prescribed by the Government in accordance with socio-economic development conditions and the capacity of the State budget at each period.
– Every 3 years, the Government reviews and considers adjusting the social pension allowance level.
– Depending on socio-economic conditions, budget balance capacity, and mobilization of social resources, the Provincial People’s Committee shall submit to the People’s Council of the same level a decision on additional support for social pension beneficiaries.
(iii) People who are both eligible for social pension benefits and monthly social benefits are entitled to a higher benefit.
(iv) The state budget pays for health insurance while receiving social pension benefits. When the person dies, the organization or individual in charge of the funeral will receive support for funeral expenses according to the provisions of the law on the elderly .
(v) Consider gradually reducing the age of receiving social pension benefits.
The Standing Committee of the National Assembly decided to gradually reduce the age of receiving social pension benefits based on the Government’s proposal in accordance with socio-economic development conditions and the capacity of the state budget in each period.
- Supplementing regulations to increase the connection between social pension benefits and basic social insurance
Supplementing monthly allowances for employees who are not eligible for pension and are not old enough to receive social retirement benefits, specifically:
(i) Vietnamese citizens who are of retirement age but do not have enough time to pay for pension and are not eligible for social pension benefits, if they do not receive a lump sum social insurance payment and do not reserve it, but upon request, they will receive a monthly allowance from their own contributions . The duration and level of monthly allowance are determined based on the employee’s time of payment and the basis for social insurance payment. The lowest monthly allowance is equal to the social pension allowance.
In case the total amount calculated based on the payment period and the basis for social insurance payment of the employee is higher than the amount calculated for the monthly allowance equal to the social pension allowance at the time of settlement for the period from retirement age to social pension allowance age, the employee will be calculated to receive a monthly allowance at the higher level.
In case the total amount calculated based on the payment period and social insurance payment basis is not enough for the employee to receive monthly benefits until reaching the age of receiving social pension benefits, if the employee wishes, he/she can make a one-time payment for the remaining amount to receive until reaching the age of receiving social pension benefits.
(ii) The monthly allowance level is adjusted when the Government adjusts monthly pensions and social insurance allowances.
(iii) During the period of receiving monthly allowance, the state budget will pay for health insurance; upon death, relatives will receive a one-time allowance for the months not yet received and will receive a funeral allowance if they meet the prescribed conditions.
- Expand the subjects participating and fully enjoying social insurance regimes by expanding the subjects participating in compulsory social insurance.
– Business owner of a registered business household;
– Non-professional workers at commune, village and residential group levels;
– Part-time workers;
– Enterprise managers, controllers, representatives of state capital, representatives of enterprise capital as prescribed by law; members of the Board of Directors, General Directors, Directors, members of the Board of Supervisors or controllers and other elected management positions of cooperatives and cooperative unions as prescribed by the Law on Cooperatives do not receive salaries.
The 2024 Social Insurance Law assigns the National Assembly Standing Committee to decide on compulsory social insurance participation for other subjects 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.
- Supplementing the right to receive sick leave and maternity benefits for part-time workers at the commune level
Those people are: Party cell secretary, village chief or head of residential group, head of the front work committee.
According to the 2014 Social Insurance Law, voluntary participants are only entitled to two benefits: retirement and death benefits, but according to the 2024 Social Insurance Law, they are entitled to three benefits: retirement, death benefits, and sickness and maternity benefits.
- Add maternity benefits to the voluntary social insurance policy
Voluntary social insurance participants who meet the prescribed conditions are entitled to maternity allowance of 2 million VND for each newborn child.
The source of payment will be guaranteed by the state budget and voluntary social insurance participants do not have to pay more than current regulations.
5.1. Amendment of sick leave regime
– Add regulations on half-day sick leave.
– Additional legislation stipulates cases eligible for sick leave benefits:
(i) Treatment for diseases that are not occupational diseases;
(ii) Treatment for accidents while traveling from home to work or from work to home by reasonable route and time as prescribed by law on occupational safety and hygiene;
(iii) Donating, taking, and transplanting human tissues and organs in accordance with the provisions of law;
(iv) In case of using precursor drugs or combination drugs containing precursors as prescribed by medical practitioners at medical examination and treatment facilities;
– Amendments to the conditions for not receiving sick leave benefits.
– Amend regulations on long-term sick leave.
– Amend regulations on long-term sick leave calculated by working days, excluding holidays, Tet, and weekly days off.
– Employees are paid health insurance by the Social Insurance Fund during sick leave of 14 working days or more per month.
5.2. Amendment of compulsory social insurance maternity regime
– Supplementing regulations on cases where female employees who are pregnant or are surrogate mothers have enough time to pay to enjoy maternity benefits when giving birth. If in the case of a pregnancy of 22 weeks or more that results in miscarriage, abortion, stillbirth, or death during labor, the female employee and her husband are entitled to take leave to enjoy maternity benefits as in the case of a female employee giving birth.
– Supplementing regulations on conditions for maternity benefits for female employees who give birth and must take time off work to receive infertility treatment before giving birth: paying compulsory social insurance for at least 6 months in the 24 consecutive months before giving birth.
– Amend regulations on maternity leave period in case of death after childbirth.
– The Social Insurance Fund pays health insurance during the time the employee is on maternity leave for 14 working days or more in a month.
– Legalize regulations for female workers who are surrogate mothers and female workers who use surrogacy.
- Increase the opportunity to receive pension for social insurance participants
The regulation reduces the minimum number of years of social insurance contributions to receive pension from 20 years to 15 years. For employees with a longer period of social insurance contributions, they will still receive pension with a higher pension rate unchanged compared to current regulations.
– Agree with the 2019 Labor Code on retirement age conditions.
– Pension rates for men and women with 15 years of social insurance contributions.
– Men paying social insurance from 15 years to less than 20 years: 15 years of payment corresponds to 40%, each additional year of payment increases by 1%, 20 years of payment corresponds to 45%.
– Each year of contribution in Vietnam for less than 15 years according to this International Treaty is calculated at 2.25%.
6.1. One-time retirement benefit
Amend regulations on one-time retirement benefits to encourage employees to continue working and paying social insurance after retirement age.
Regulations on cases of suspension and termination of monthly pension and social insurance benefits.
– For some subjects participating in social insurance before the effective date of this Law and having paid compulsory social insurance for 20 years or more, the lowest monthly pension is equal to the reference level.
– People who participate in voluntary social insurance before January 1, 2021 and have paid voluntary social insurance for 20 years or more will receive pension when they reach 60 years old for men and 55 years old for women.
Current regulations have one level of benefit calculation for employees with a social insurance contribution period higher than the maximum level of 75%. The Social Insurance Law 2024 stipulates two levels.
(1) Equal to 0.5 times the average salary used as the basis for social insurance contributions for each year of contributions higher than retirement age.
(2) In case an employee has met the conditions for receiving a pension according to regulations but continues to pay social insurance, the subsidy level is equal to 2 times the average salary used as the basis for paying social insurance for each year of payment higher than the number of years from the time of reaching the retirement age according to regulations of law to the time of retirement.
6.2. Suspension and termination of monthly pension and social insurance benefits
- a) Cases of suspension:
– Illegal exit;
– Declared missing by the Court;
– When the beneficiary information cannot be verified.
- b) Cases of termination of benefits:
– Died or declared dead by the Court;
– Refusal to receive monthly pension and social insurance benefits in writing;
– The conclusion of the competent authority on social insurance benefits is not in accordance with regulations.
Provisions for continued payment when the beneficiary meets the eligibility requirements.
- Regulations on receiving one-time social insurance
Employees who have stopped participating in social insurance and have a request are entitled to receive a one-time social insurance payment if they fall into one of the following cases:
(i) Being old enough to receive pension but not having paid social insurance for 15 years;
(ii) Going abroad to settle;
(iii) People suffering from one of the following diseases: cancer, paralysis, decompensated cirrhosis, severe tuberculosis, AIDS;
(iv) People with a working capacity reduction of 81% or more; people with especially severe disabilities;
(v) Employees who have paid social insurance before July 1, 2025, after 12 months are not subject to compulsory social insurance but also do not participate in voluntary social insurance and have paid social insurance for less than 20 years;
(vi) People in the armed forces who are demobilized, discharged, or quit their jobs are not subject to compulsory social insurance, nor are they subject to voluntary social insurance, and are not eligible for pension.
Employees who do not receive a one-time social insurance payment but reserve their payment period to continue participating have the opportunity to enjoy higher benefits such as:
(i) When continuing to participate, you will enjoy benefits at higher levels because the benefits are calculated based on the contribution period (sickness, work-related accidents, occupational diseases, etc.);
(ii) Enjoy pension with easier conditions;
(iii) During the pension period, the Social Insurance Fund pays for health insurance;
(iv) Receive monthly benefits when not eligible for pension and not old enough to receive social retirement benefits;
(v) During the period of receiving monthly allowance, the state budget will pay for health insurance. In addition, employees also have the opportunity to enjoy credit support policies for employees who have paid social insurance but lose their jobs.
- Better ensure the right to participate in and enjoy social insurance for Vietnamese workers working abroad and foreign workers working in Vietnam.
More flexible regulations on contributions and benefits, supplementing regulations on cases where international treaties to which the Socialist Republic of Vietnam is a member have provisions on the time of social insurance participation of employees in Vietnam and abroad being calculated to consider the conditions for enjoying social insurance regimes, employees who meet the conditions have the opportunity to simultaneously enjoy pension regimes in both Vietnam and the country with which Vietnam has signed international treaties on social insurance.
- Improve the efficiency of social insurance fund investment, strengthen management and improve the efficiency of fund use.
(i) Social insurance fund investment in the international market is government bonds;
(ii) Investment trust in domestic and international markets.
In addition: supplementing regulations on management of social insurance fund investment activities; supplementing regulations on approval, appraisal, and ratification of final settlement of social insurance organization and activities; perfecting and enhancing the responsibility of the Social Insurance Management Board; more clearly defining the agencies performing state management of social insurance finance and social insurance fund finance.
- Add a chapter on supplementary pension insurance
This content stipulates the subjects, principles, supplementary pension insurance funds and the State’s policies on supplementary pension insurance, creating conditions for employers and employees to have more choices to participate in contributions to receive higher pensions.
- Specific regulations on “reference level” instead of “base salary”
The 2024 Social Insurance Law stipulates a “reference level” used to calculate the contribution and benefit levels of some social insurance regimes and is decided by the Government. When the basic salary has not been abolished, the reference level stipulated in the 2024 Social Insurance Law is equal to the basic salary. At the time the basic salary is abolished, the reference level shall not be lower than the basic salary at that time. The reference level is adjusted based on the increase in the consumer price index, economic growth, in accordance with the capacity of the state budget and the social insurance fund.
In addition, the 2024 Social Insurance Law also stipulates that the Government shall submit to the National Assembly for consideration and adjustment of a number of regulations related to the basis for compulsory social insurance contributions, the method of calculating the average salary as the basis for calculating pensions, social insurance benefits and adjusting the salary as the basis for compulsory social insurance contributions when the State applies a new salary regime according to job positions, titles and leadership positions to replace the current payroll system.
- Strengthening compliance with the law, protecting the rights and legitimate interests of workers
The 2024 Social Insurance Law devotes a separate chapter (Chapter II) to regulating the management of social insurance collection and payment; clarifying the content and handling of late payment and evasion of social insurance payment. Supplementing regulations on the responsibilities of social insurance agencies and relevant agencies in identifying and monitoring subjects participating in compulsory social insurance, urging the implementation of the responsibility to pay compulsory social insurance.
Stipulate the responsibilities of the Provincial People’s Committee in directing and organizing the implementation of social insurance policies, developing subjects participating in compulsory social insurance, voluntary social insurance, and delaying payment of compulsory social insurance, and evading payment of compulsory social insurance within the locality.
Article 41 of the Law on Social Insurance 2024 stipulates the responsibilities of agencies in identifying and managing subjects eligible for social insurance; at the same time, many measures and sanctions have been amended and supplemented to deal with the situation of late payment and evasion of social insurance payment, such as:
Slow closing includes:
– Not paying or not paying in full the registered amount of payment since the latest payment date, except for the cases specified in Point d and Point e, Clause 1, Article 39 of this Law;
– Failure to register or incomplete registration of the required number of participants within 60 days from the date of expiry of the prescribed deadline;
– Belongs to cases not considered as evasion of payment.
Evasion includes:
– After 60 days from the deadline without registration or incomplete registration of the required number of participants;
– Registering salary as basis for contribution lower than prescribed;
– Failure to pay or incomplete payment of the registered amount within 60 days from the latest payment date and has been urged;
– Other cases are considered as evasion of payment according to Government regulations;
– The Government shall specify in detail the evasion of payment and stipulate that cases of evasion of payment but with legitimate reasons are not considered evasion of payment.
Measures to handle acts of late payment of social insurance and evasion of social insurance payment:
– Compulsory payment of full amount of late or evaded social insurance;
– Pay an amount equal to 0.03%/day calculated on the amount of late payment of social insurance and unemployment insurance, the number of days of late payment, the number of days of late payment;
– Sanction administrative violations according to the provisions of law;
– Do not consider awarding emulation titles or forms of rewards.
– Particularly for the act of evading payment, there are strong measures to prosecute criminal liability according to the provisions of law.
In addition, to ensure the rights of employees, the Social Insurance Law 2024 has added the responsibility of employers to compensate employees if they do not participate or participate in compulsory social insurance incompletely or untimely, causing damage to the legitimate rights and interests of employees.
At the same time, additional regulations are added for the amount of late payment or evasion of payment before the Social Insurance Law 2024 takes effect, which will be handled according to the provisions of this Law.
Pursuant to Article 9 of the Law on Social Insurance 2024, the prohibited acts when participating in social insurance are:
– Late payment, evasion of mandatory social insurance and unemployment insurance.
– Misappropriation of social insurance and unemployment insurance benefits.
– Obstructing, causing difficulties or damaging the legitimate rights and interests of participants and beneficiaries of social insurance and unemployment insurance.
– Fraud and falsification of documents in the implementation of social insurance and unemployment insurance.
– Using social insurance fund and unemployment insurance fund illegally.
– Accessing, exploiting and providing databases on social insurance and unemployment insurance illegally.
– Registering and reporting falsely; providing incorrect information about social insurance and unemployment insurance.
– Colluding, connecting, covering up, assisting agencies, organizations, and individuals in committing violations of the law on social insurance and unemployment insurance.
– Pledge, buy, sell, mortgage, deposit social insurance books in any form.
– Other acts as prescribed by law.
- Create more favorable conditions for participants and beneficiaries of social insurance benefits
– Supplementing regulations on electronic transactions in the field of social insurance;
– Adjust, reduce and simplify documents and procedures for implementing social insurance;
– Supplement regulations on assessing people’s satisfaction with the implementation of social insurance policies and regimes.
- Amend and supplement regulations of social insurance regimes to be more suitable to reality, better ensuring the rights of employees.
The Social Insurance Law 2024 inherits and develops current regulations that have been tested in practice, amends inappropriate regulations, ensures feasibility, long-term, and ensures consistency and unity of the legal system. Some regulations are as follows:
(i) Supplementing regulations on sick leave benefits for cases of taking sick leave for less than a full day;
(ii) Employees are covered by the Social Insurance Fund for health insurance during sick leave of 14 working days or more per month;
(iii) Amend the regulations on sick leave for employees who take leave due to illness on the unified list of illnesses requiring long-term treatment calculated annually;
(iv) Supplementing conditions for maternity benefits when giving birth in cases where one has to take time off work to treat infertility;
(v) Regulations on cases where a female employee who is 22 weeks pregnant or older and meets the prescribed conditions and has a miscarriage, abortion, stillbirth, or stillbirth during labor, the female employee and her husband are entitled to maternity leave as in the case of a female employee giving birth;
(vi) Amend the regulations on maternity leave period in cases where the child dies after giving birth;
(vii) Employees whose health insurance is paid by the Social Insurance Fund during maternity leave of 14 working days or more per month;
(viii) Regulations consistent with the 2019 Labor Code on retirement age and pension age conditions.
(ix) Amend and supplement regulations on one-time retirement benefits to encourage employees to continue working and paying social insurance after retirement age.
(x) Amend regulations on age conditions for relatives receiving monthly pensions to be consistent with the retirement age of the 2019 Labor Code.
(xi) Amend the regulations on the right to choose to receive monthly or one-time death benefits in a direction that respects the right to choose of the relatives of the employee, regardless of the case; when relatives are eligible for monthly death benefits, they have the right to choose to receive monthly death benefits or choose to receive one-time death benefits in a more beneficial way.
VI. FORECASTING THE POLICY IMPACT OF THE LAW
The 2024 Social Insurance Law predicts specific impacts on people and society:
(1) More workers are able to participate in and fully enjoy compulsory social insurance regimes such as: Business owners of registered business households; part-time workers at the commune, village, and residential group levels; part-time workers whose monthly salary is equal to or higher than the lowest salary used as the basis for compulsory social insurance contributions;
(2) More workers receive monthly pensions, monthly allowances, have a stable source of income, and are guaranteed health insurance when they retire (reach retirement age);
(3) More elderly people enjoy social pension benefits and are guaranteed health insurance;
(4) Employees participating in social insurance are better guaranteed benefits when participating in and enjoying social insurance regimes.
(5) It is more convenient and easier for employers to participate and fulfill their responsibilities.
VII. IMPLEMENTING LAW ENFORCEMENT ACTIVITIES
As planned, to detail the articles and clauses assigned in the Social Insurance Law 2024, the Government will issue 11 Decrees, and ministries will issue 03 Circulars. Specifically as follows:
(1) Decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance.
(2) Decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance on voluntary social insurance.
(3) Decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance on social retirement benefits (amending and supplementing a number of articles of Decree No. 20/2021/ND-CP dated March 15, 2021 and amended and supplemented by Decree No. 76/2024/ND-CP dated July 1, 2024 of the Government).
(4) Decree stipulating the functions, tasks, powers and organizational structure of Vietnam Social Security.
(5) The Decree stipulates the order and procedures for establishment, working regime, responsibilities, operating expenses and supporting apparatus of the Social Insurance Management Board.
(6) Decree regulating electronic transactions in the field of social insurance and the National Database on Insurance.
(7) Decree detailing a number of articles of the Law on Social Insurance on late payment, evasion of payment of compulsory social insurance, unemployment insurance; complaints and denunciations about social insurance and regulations on sanctioning administrative violations in the field of social insurance.
(8) Decree regulating social insurance fund investment activities.
(9) Decree regulating the financial mechanism of social insurance, expenses for organization and operation of social insurance.
(10) Decree regulating supplementary pension insurance.
(11) Decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance for military personnel, people’s police and people working in key positions receiving salaries as military personnel.
(12) Circular detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance.
(13) Circular detailing and guiding the implementation of a number of articles of the Law on Social Insurance on voluntary social insurance.
(14) Circular detailing the implementation of the Law on Social Insurance in the health sector.
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