The Ministry of Home Affairs is currently soliciting feedback on a draft law to amend and supplement several articles of the 2024 Social Insurance Law. This aims to ensure suitability following the restructuring of ministries, sectors, and two-tier local administrations. The Social Insurance Law, approved by the National Assembly in 6/2024 and effective from 1/7, introduced significant changes, including provisions for one-time social insurance benefits, a reduced number of contribution years for pension eligibility, and adjustments to the male pension ratio for those contributing under 20 years.

The drafting agency stated that after nearly four months of implementation, the core policy has encountered no major issues. Therefore, the draft law largely inherits existing regulations and social insurance policy content. The Ministry of Home Affairs only proposes amending and supplementing state management provisions concerning social insurance for some ministries and sectors after restructuring. This also includes clarifying the responsibilities and powers of related agencies to prevent conflicts and overlaps during implementation, and to align with the operation of the two-tier local administration.

Workers process one-time social insurance applications in TP HCM. Photo: Thanh Tung

Specifically, responsibilities previously under the authority of the Minister of Labor, Invalids and Social Affairs will be transferred to the Minister of Home Affairs. This includes issuing the list of hazardous, toxic, and dangerous occupations. Additionally, the draft proposes that employers will decide the duration of rest and rehabilitation leave for workers in units without a grassroots trade union.

The draft law also assigns the Ministry of Health the responsibility of assisting the government in state management of social retirement allowances. This entails the Ministry of Health developing and submitting policies and laws to competent authorities for promulgation, as well as directing, guiding implementation, and inspecting for violations related to social retirement allowances.

Furthermore, the Drafting Committee proposes that Social Security agencies will report monthly to the Ministry of Home Affairs on the implementation of mandatory social insurance, voluntary social insurance, and unemployment policies and regimes. They will also report to the Ministry of Health on the implementation of health insurance policies and regimes. This replaces the current law's requirement for a 6-month report to the Ministry of Labor, Invalids and Social Affairs. The provision requiring local Social Security agencies to report to local People's Committees on policy implementation will be abolished, as it is no longer deemed appropriate.

The draft law amending and supplementing several articles of the Social Insurance Law is expected to be presented to the National Assembly for feedback and approval at the 1st session of the 16th National Assembly in 4/2026, and is projected to take effect from 1/6/2026.

Hong Chieu