Applying the law on voluntary insurance according to the Law on Social Insurance of Vietnam - 2

• Applying the law on voluntary insurance according to the Law on Social Insurance of Vietnam - 1
• 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

The above works and articles are useful reference materials for students in the process of writing their thesis. However, the effectiveness of implementing voluntary social insurance policies depends on historical circumstances and specific socio-economic conditions. Therefore, this is a research topic that deeply evaluates the achievements and limitations in implementing voluntary social insurance in Vietnam, thereby identifying the causes and having specific solutions to overcome them in the coming time when the amended Social Insurance Law 2014 comes into effect.

3. Purpose of research topic

The ultimate goal of the topic is to analyze and evaluate the successes

and limitations in implementing voluntary social insurance according to the Social Insurance Law 2006, thereby pointing out the causes leading to limitations in practical implementation in terms of law and implementation organization.

To achieve the above general goal, it is necessary to achieve the following specific goals: Researching the theoretical basis of voluntary social insurance according to the Law on Social Insurance; Analyzing and evaluating the results achieved, difficulties and obstacles in the process of implementing the voluntary social insurance policy; Proposing scientific solutions to contribute to the development of voluntary social insurance, creating favorable conditions for employees to access and participate in voluntary social insurance more widely.

4. Research object and scope

- Research object: The topic focuses on researching issues of voluntary social insurance according to the Law on Social Insurance.

- Scope of research: Focus on theoretical issues of the law on voluntary social insurance in Vietnam and evaluate the implementation of the law on voluntary social insurance in Vietnam.

5. Research methods

- The thesis uses research methods of Marxist-Leninist philosophy, such as: method of combining theory with practice, method of analysis, synthesis, specific history and some methods of other scientific disciplines, such as: statistical method, systematic method.

- Methods of collecting and processing information from data publications, magazines, and data of the Ministry of Labor, War Invalids and Social Affairs.

- Synthesis method: used to systematically generalize research content, making research problems concise and easy to understand.

6. Scientific and practical significance of the topic

Systematize theoretical and practical issues on the application of voluntary social insurance law; on that basis, propose solutions to enhance the effective application of voluntary social insurance in Vietnam.

7. Structure of the thesis

In addition to the introduction, conclusion, and list of references, the content of the thesis includes 3 chapters, specifically:

Chapter 1 : General overview of voluntary social insurance and legal adjustments to voluntary social insurance

Chapter 2 : Current status of applying voluntary insurance law according to Vietnam Social Insurance Law

Chapter 3 : Orientation and solutions to effectively apply legal regulations on voluntary social insurance in Vietnam

Chapter 1

GENERAL OVERVIEW OF VOLUNTARY SOCIAL INSURANCE AND LEGAL ADJUSTMENTS TO IT

VOLUNTARY SOCIAL INSURANCE

1.1. General overview of voluntary social insurance

1.1.1. Concept of voluntary social insurance

1.1.1.1. Social insurance

In the history of human society, people have supported themselves through labor. However, labor does not always create material wealth and income to serve people. People sometimes have to face difficulties caused by nature or encounter unexpected risks such as illness, work accidents, loss of working capacity or reduced working capacity... This leads to people having to rely on each other and help each other to solve problems in many different ways. In society, when people encounter these events, they unite in the spirit of solidarity and mutual assistance among members of the community to shoulder and share the difficulties. And one of the most effective measures to spread the risks of disadvantages for workers is to establish a centralized national monetary fund and provide insurance for workers within the scope of this fund. Up to now, all countries in the world have recognized that enjoying social security services is one of the human rights in all eras and all social regimes. The implementation of social security is not limited by any political or geographical barriers, most clearly demonstrated by social relief activities, social security cooperation agreements between countries for a peaceful, stable and developed world. Social security has increasingly proven its important role for each country in the world.

world [48, p.2]. Social insurance was born and first appeared in the 19th century under the German Chancellor Bismarck, to support workers who were at risk of a loss or loss of working capacity leading to a loss or loss of income. In this system, there were regimes: sickness, work accidents, old age and disability. It can be said that the birth, existence and development of German social insurance marked an important milestone in the development of the social insurance system in the world, especially the recognition of the tripartite mechanism in contributing to the social insurance fund, including: employers, workers and the State.

Reality has proven that social insurance is a social policy with a long history and has undergone many qualitative changes with many diverse models, implemented in hundreds of countries around the world. With the positive effects of social insurance policies, many countries in the world have established national social insurance systems such as France (1930), the United States (1935) ... The United Nations has recognized in the 1948 Declaration of Human Rights (December 10, 1948) as follows: Everyone, as a member of society, has the right to social insurance. That right is based on the agreement on economic, social and cultural rights necessary for human dignity and free development. Convention No. 102 (1952) of the International Labor Organization is a convention that stipulates minimum standards on social security, in which social insurance regimes are the core, making recommendations on social insurance regimes for member countries.

However, up to now, the definition of social insurance is still a controversial issue with many viewpoints and approached from many different angles:

According to the International Labor Organization (ILO): Social insurance is the protection provided by society for its members through community measures, against economic and social difficulties due to the suspension or reduction of income, causing sickness, maternity, work accidents, unemployment, disability, old age and death; at the same time ensuring medical care and subsidies for large families [31, p.6].

According to the Vietnamese Encyclopedia: Social insurance is a guarantee to replace or partially compensate employees' income when they lose or have reduced income due to illness, maternity, work accidents and occupational diseases, disability, unemployment, old age, and death based on a financial fund contributed by the parties participating in social insurance, with the protection of the State according to the law, to ensure the safety of life for employees and their families, while contributing to ensuring social security [31, p.7].

According to the Law on Social Insurance 2006 and now the revised Law on Social Insurance 2014, the concept is explained as follows: “Social insurance is a guarantee to replace or partially compensate employees’ income when they have reduced or lost income due to illness, maternity, work-related accidents, occupational diseases, retirement age or death, based on contributions to the Social Insurance Fund” [41, Article 3]. According to the law, social insurance includes two types of insurance: compulsory social insurance and voluntary social insurance.

On the other hand, due to its nature of always simultaneously carrying out both political, social and economic purposes, social insurance is also approached and studied from many different perspectives:

From a social perspective, social insurance is the connection between employees, employers and the State's support from the common interests of the whole society. When participating in social insurance, employees will receive a certain subsidy if they meet the prescribed conditions. Social insurance aims to ensure the material life of employees when they encounter risks and incidents in life, thereby contributing to ensuring social security. In life, when employees encounter risks, overcoming financial difficulties, medical examination and treatment costs and old-age care are essential needs. Therefore, the State needs to have solutions to solve problems that arise for employees, to help them overcome difficulties, stabilize their lives, and at the same time, it is also a solution to stabilize society. At that time, the role of social insurance is clearly shown as compensation.

income for workers, maintain production, ensure social stability. Therefore, from a social perspective, social insurance is an important part of the social security system. "Social security is the protection of society for its members through a series of public measures to cope with socio-economic difficulties due to the suspension or significant reduction of income caused by illness, loss of working capacity, old age and death, the provision of medical care and subsidies for large families". Therefore, in terms of social nature, social insurance is extremely important for the implementation of the goal of social progress and justice.

From an economic perspective, social insurance is understood as the process of organizing and using a centralized monetary fund formed from the contributions of employers and employees, which is the reserve monetary fund of the community to support the settlement of essential living needs of employees and their families when they encounter risks leading to a reduction or loss of their ability to pay from their income. In the process of working, people cannot avoid risks such as: illness, disease, job loss, work accidents, etc. Therefore, to ensure their lives, employees must have enough financial capacity to ensure the coverage and compensation for losses when they occur. At that time, employees will contribute a sum of money to the common fund (called the social insurance fund), when they encounter risks, the social insurance fund performs the function of supporting and compensating that income for employees, in order to help them stabilize their lives. Therefore, to stabilize their lives, employees must find ways to ensure their own income in risky situations. Therefore, from an economic perspective, social insurance represents the process of income redistribution among insurance participants, through the formation of a common monetary fund.

From a legal perspective, social insurance is the sum of the State's regulations on the rights, obligations and responsibilities of the parties when participating in social insurance relations; contribution levels, contribution methods and benefits for the subjects.

apply social insurance. On the basis of legal regulations, the participating parties must strictly comply and have specific sanctions when violating. When regulated by the State by law, social insurance has become the basic rights and obligations of the participating parties, both nationally and internationally. Thus, in terms of law, social insurance is a synthesis of legal regulations to protect employees; using contributions from employees, employers and funding and protection from the State to provide material support to the insured (or their families) in case of illness, work accidents, maternity, retirement age or death.

In short, social insurance is an organization that "compensates" the consequences of "social risks" or insurance events. This compensation is carried out through the process of organizing and using a centralized monetary fund formed by the contributions of social insurance participants and other legal sources of income of the social insurance fund. Thus, social insurance is a process of income redistribution or "insurance" of income for employees. In terms of the whole society, social insurance is a part of the gross domestic product (GDP), which is redistributed by society to members when there is a need for social insurance such as illness, childbirth, work accidents and occupational diseases, old age, death, etc. In terms of social insurance, the distribution of social insurance is carried out both vertically and horizontally. Horizontal distribution is the distribution of employees themselves over time (ie the redistribution of income during the working and non-working process). Vertical distribution is the distribution between healthy people and sick people, between young people and old people; between people who do not give birth (men) and people who give birth (women); between people with high income and people with low income...

Through this, it can be seen that social insurance contributes to the goal of ensuring economic security for employees and their families. Social insurance is the process of organizing the use of income