HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
VU THI SAM
APPLICATION OF VOLUNTARY INSURANCE LAW UNDER THE LAW ON SOCIAL INSURANCE OF VIETNAM
Major : Economic Law
Code : 60 38 01 07
MASTER'S THESIS IN LAW
Scientific advisor: Associate Professor, Dr. NGO HUY CUONG
COMMITMENT
I hereby declare that this Thesis is my own research work. The results stated in this Thesis have not been published in any other work. The figures, examples and quotations in this Thesis ensure accuracy, reliability and honesty. I have completed all subjects and paid all financial obligations as prescribed by the Faculty of Law, Vietnam National University, Hanoi.
So I write this Declaration to request the Faculty of Law to consider so that I can defend my Thesis.
Thank you very much!
GUARANTEE
Vu Thi Sam
Cover Page Pledge Table of Contents
List of abbreviations List of tables
INDEX
Page
INTRODUCTION 1
Chapter 1: GENERAL OVERVIEW OF VOLUNTARY SOCIAL INSURANCE AND LEGAL ADJUSTMENTS ON IT
WITH VOLUNTARY SOCIAL INSURANCE 6
1.1. General overview of voluntary social insurance 6
1.1.1. Concept of voluntary social insurance 6
1.1.2. Nature and role of voluntary social insurance 14
1.1.3. Principles of voluntary social insurance 18
1.1.4. Rights and responsibilities of voluntary social insurance participants 24
1.2. Legal adjustment to voluntary social insurance 26
1.2.1. Voluntary social insurance according to Vietnam Social Insurance Law 28
1.2.2. Voluntary social insurance of some countries in the world 44
1.3. Concept of applying voluntary social insurance law 56
1.3.1. Concept of law application 56
1.3.2. Concept of applying voluntary social insurance law 56
Chapter 2: CURRENT STATUS OF APPLYING VOLUNTARY INSURANCE LAW UNDER THE LAW ON SOCIAL INSURANCE OF VIETNAM 57
2.1. General assessment of the implementation of voluntary social insurance in Vietnam in recent times 57
2.2. Current status of voluntary social insurance implementation according to the Law
Social insurance 2006 63
2.2.1. Current status of voluntary social insurance participation 63
2.2.2. Current status of fee collection and management of voluntary social insurance fund 71
2.2.3. Current status of applying voluntary social insurance regimes 77
2.3. Current status of voluntary social insurance implementation of some
Localities nationwide 81
2.3.1. Phu Yen Province 81
2.3.2. Vinh Phuc Province 86
Chapter 3: ORIENTATIONS AND SOLUTIONS FOR EFFECTIVE APPLICATION OF LEGAL PROVISIONS ON SOCIAL INSURANCE
VOLUNTARY ASSOCIATIONS IN VIETNAM 90
3.1. Current socio-economic context in Vietnam 90
3.1.1. Advantages 90
3.1.2. Challenge 92
3.2. Orientation to improve voluntary social insurance in Vietnam today 93
3.3. Solutions to complete and implement the law on social insurance
Voluntary associations in Vietnam in the coming time 98
3.3.1. Completing and supplementing legal regulations on insurance regime
Voluntary society in Vietnam 99
3.3.2. Solutions on how to effectively organize the implementation of the law
voluntary social insurance 102
CONCLUSION 107
LIST OF REFERENCES 109
LIST OF ABBREVIATIONS
Write in full | |
Social insurance: | Social Security |
BH: | Insurance |
Social insurance: | Social insurance |
Health Insurance: | Health insurance |
BHHT: | Retirement insurance |
ILO: | International Labor Organization |
Labor force: | Labor force |
Employee: | Workers |
Employers: | Employers |
NDT: | Chinese Yuan |
Maybe you are interested!
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Applying the law on voluntary insurance according to the Law on Social Insurance of Vietnam - 2 -
Regulations of Vietnamese Law on Voluntary Social Insurance -
Current Status of Voluntary Social Insurance Law Regulations -
Occupational accident and disease regime in Vietnam Social Insurance Law - 5 -
Current Status of Compulsory Social Insurance and Retirement Law
LIST OF TABLES
Plate number
Table name | Page | |
Table 1.1: | Contribution rate of formal sector workers in Indonesia | 53 |
Table 1.2: | Contribution rate of informal sector workers in Indonesia | 53 |
Table 2.1: | Number of people participating in voluntary social insurance in the period 2008-2014 | 64 |
Table 2.2: | Compare the number of people participating in voluntary social insurance with the workforce Labor and number of workers in the informal sector in the period 2010-2014 | 65 |
Table 2.3: | Number of employees not participating in short-term policies | 67 |
Table 2.4: | Average voluntary social insurance contribution level in the period 2008-2011 | 72 |
Table 2.5: | Management and use of Social Insurance Fund 2013-2015 | 73 |
Table 2.6: | Balance of revenue and expenditure of voluntary social insurance fund in the period 2008-2014 | 75 |
Table 2.7: | Number of people participating in voluntary social insurance in the total labor force in Phu Yen province in the period 2008-2014 | 82 |
Table 2.8: | Voluntary social insurance revenue in Phu Yen province in the period 2008-2014 | 83 |
Table 2.9: | Voluntary social insurance payment from Phu Yen Provincial Social Insurance Fund | 84 |
Table 2.10: | Number of people participating in voluntary social insurance in Vinh Phuc province in the period 2008-2014 | 87 |
Table 2.11: | Number of people participating in voluntary social insurance in Vinh Phuc province by occupation (2008-2012) | 87 |
Table 2.12: | Voluntary social insurance revenue of Vinh Phuc province in the period 2008-2014 | 88 |
INTRODUCTION
1. Urgency of the topic
In recent years, the Vietnamese economy has made great strides, with the milestone of Vietnam becoming an official member of the World Trade Organization (WTO). The Vietnamese economy has gradually integrated deeply and widely with the world economy, and people's lives have changed significantly. However, to ensure deep integration and proactively deal with risks in people's lives and build a strong and developed country, it is important to ensure social stability and equity. As the main pillar of the social security system, focusing on the development of social insurance will contribute to the implementation of social progress and equity, ensuring political and social stability and socio-economic development. Therefore, the Party and the State always focus on developing social insurance policies on the basis of suitability for each stage of the country's socio-economic development. Resolution No. 21-NQ/TW dated January 30, 2008 of the 6th Conference of the 10th Party Central Committee determined: Gradually expand and improve the social security system to better meet the diverse needs of all classes of people in society, build a diverse and flexible social insurance system suitable to the requirements of a socialist-oriented market economy. Expand compulsory and voluntary insurance forms, supplement and amend unreasonable social insurance regimes, ensure the rights of social insurance participants; separate social insurance for the state administrative sector from the enterprise sector, public service units and other sectors. Adjust pensions and social insurance benefits according to the source creation mechanism, relatively independent from the wage policy, gradually reduce support from the state budget; gradually improve the lives of retirees according to the development level of the economy [27, pp. 14-15].
In addition to the development of social insurance policies in general, the implementation of voluntary social insurance in 2008 has opened up options for people who are not in the group participating in compulsory social insurance towards ensuring a stable life. This shows that the potential for the development of voluntary social insurance in our country is extremely large. It can be said that the birth of voluntary social insurance is expected to be a support for low-income people, bringing the opportunity to receive "pension" for tens of millions of people who are not in the compulsory social insurance category. However, after more than 7 years of implementation, the number of people participating in voluntary social insurance as of December 31, 2014 was only 196,254 people, an increase of 16.8% corresponding to an increase of
28,159 people compared to the same period in 2013, accounting for only 1.68% of the total number of social insurance participants in 2014 (Table 2.1). This figure shows that if the number of voluntary social insurance participants does not grow strongly, it will be a burden for the country in the coming years because on the one hand, it must ensure the lives of the elderly who do not have pensions, on the other hand, it must deal with the current trend of rapid population aging in our country. However, the development of voluntary social insurance depends on many factors, especially the attractiveness or suitability of this policy for workers in the informal sector is an issue that needs to be considered. Therefore, researching and proposing useful solutions for the development of social insurance is becoming more practical than ever.
Faced with that reality, the student chose the topic "Application of Voluntary Insurance Law under the Law on Social Insurance of Vietnam" as his Master's thesis in Law.
2. Research status related to the topic
The application of social insurance law in general and the application of voluntary social insurance law in particular is an issue that many scientists are interested in researching and have published a number of valuable works. Some valuable works directly related to the thesis topic can be mentioned as follows:
- Master's thesis of Le Thi Thu Hang: "Voluntary social insurance in Vietnam" , Hanoi Law University, 2007