“I know the benefits that social insurance brings, but you told me that if I fight now, I will have a conflict with the unit's leader, will even be transferred to a more difficult department, and will even be fired, but now I I'm the main breadwinner in the family, so I don't want to fight with the business owner."
PVS. Female worker, 28 years old at a non-state enterprise
A small number of workers have limited awareness of social insurance and are not aware of worrying about the future, so they want social insurance, health insurance, and unemployment insurance contributions to be paid directly into their salaries to increase their immediate income to take care of their lives. Present. Social insurance policy is organized and implemented by the State, but many workers do not understand it and mistakenly think it is like other forms of commercial insurance. The sense of responsibility of some employers towards employees is not high, and compliance with the law on social insurance is not strict. Employees' understanding of social insurance policies is not high
Cognitively, it can be understood in two opposing directions. Firstly, with proper and complete awareness, they can participate, but they can also not participate because they think the time to receive benefits is too long (from 20-30 years), and the procedures are sometimes not suitable. idea... Second, awareness is incorrect and incomplete. For these types of workers, propaganda and dissemination of legal policies on social insurance is extremely important to help expand coverage area. Regarding the attitude of workers, this is a heavily mass factor. Therefore, propaganda and advocacy work is necessary. However, awareness and attitude are always closely related to each other. Attitude represents positive or negative beliefs. Regarding social insurance policy, it is always revealed in different psychological states and feelings in different times and circumstances. But the root of this problem is still dominated by perception. Therefore, it is still necessary to pay more attention to propaganda work in the process of expanding the number of participants.
Conclusion of chapter 3
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Hanoi is the political and economic center of the country, therefore, the economic development with high growth rate over the past many years has attracted the development of businesses and workers to work in the capital city. dollar. In terms of structure, the ratio of female and male workers has an average difference of about 6.3% (female workers are always less than male workers). Hanoi is considered to be in a golden population period with its young human resource reaching its maximum and a large proportion of the young population in the working age. An outstanding problem today is that the level of employed workers without professional and technical training in Hanoi City accounts for a relatively high rate of 68.9%, while highly qualified workers Vocational college reached 0.64%, university accounted for 14.26%, master's degree 1.31%. According to calculations from the electronic data source of Vietnam Social Insurance, the total number of enterprises participating in social insurance contributions in Hanoi city is 93,695 enterprises , of which the number of state-owned enterprises accounts for only a small proportion . ,6 %; Foreign-invested enterprises account for 7% and the largest number are non-state-owned enterprises, accounting for 91.4 %. The total number of employees working in state-owned enterprises participating in social insurance accounts for 10.1%, FDI enterprises account for 22.1%, non-state-owned enterprises account for 67.8% of the total number of employees participating in social insurance of 3 types. business form. However, statistical data also shows that, even in the corporate sector, the number of employees participating in compulsory social insurance in businesses in Hanoi is low, accounting for only about 52% of the total number of employees working in the industry. businesses; The rate of enterprises participating in compulsory social insurance only accounts for about 85% of the total number of enterprises operating in production and business activities. The majority of Hanoi's social insurance participants are capital residents, only 13.6% currently reside outside the Hanoi area, and 16.2% have permanent residence outside Hanoi. However, up to 42.3% of social insurance participants have a place of birth outside of Hanoi, this rate is much higher than the factor of household registration outside of Hanoi and current place of residence outside of Hanoi. This reflects the huge level of migration among the capital's population during the years of market economic development; Besides, the openness of the city's immigration policy also increased the proportion of workers with permanent residence in the capital. This is also consistent with the assessment of labor integration regarding socio-economic centers
of the country and poses many social security problems for migrant workers who do not have permanent residence in the city. The rate of outstanding social insurance debt in non-state enterprises is still common.
Workers in non-state enterprises in Hanoi are also facing advantages and disadvantages when participating in social insurance. Regarding advantages, Vietnam Social Insurance also regularly amends and perfects processes and documents in all areas of the industry; Promote propaganda and dialogue with business owners; Carry out revenue management well for non-state enterprises in the city; Awareness of the need to participate in social insurance and the sense of compliance with the law of employers are increasingly raised, becoming more proactive in coordinating with social insurance agencies to register to participate. Regarding difficulties, information technology and software to perform electronic transactions are not convenient and effective; The processing and return of documents by post by the social insurance agency is still slow, causing difficulties for businesses in paying benefits to employees; The procedures for implementing social insurance policies are still cumbersome, going through many unnecessary and complicated steps; Carrying out medical examination and treatment using health insurance cards, awareness and attitudes of workers about social insurance are still limited.
Chapter 4
FACTORS AFFECTING AND SOLUTIONS TO PROMOTE EMPLOYERS' PARTICIPATION IN SOCIAL INSURANCE
IN NON-STATE ENTERPRISES IN HANOI
4.1. Some factors affecting social insurance participation of employees in non-state enterprises
Currently, we must affirm that there are many factors affecting the participation in social insurance of employees in non-state enterprises. Previous scientific studies have shown that: relevant guidelines, policies and laws; the organization and implementation of policies and laws; workers; Characteristics of businesses and trade unions, corporate social responsibility... affect workers' participation in social insurance in both positive and negative aspects, intertwined with each other. Identifying impact factors including: drivers and barriers to social insurance participation of workers in non-state enterprises is very important, and is the basis for proposing a system of Solutions to improve the effectiveness of implementing social insurance policies in non-state enterprises in the coming time.
4.1.1. Guidelines, policies and laws on social insurance
4.1.1.1. Current status of promulgation of guidelines, policies and laws on social insurance
In recent times, the Party and State have always paid attention to social insurance work through the issuance of specific leadership and direction documents: Directive No. 15-CT/TW dated May 26, 1997 on increasing social insurance. Strengthen leadership in implementing social insurance regimes, which "requires provincial party committees, city party committees, committees, party unions, party staff committees and party committees directly under the central government to focus on directing the implementation of social insurance regimes". social insurance level; Directive No. 38-CT/TW dated September 7, 2009 of the Central Secretariat on promoting health insurance work in the new situation, which emphasized: "Health insurance is an important, meaningful social policy." humanitarian and deeply sharing with the community, highly respected by our Party and State and always promoted in the social security policy system; Resolution No. 21- NQ/TW dated November 22, 2012 of the Politburo,
on strengthening the Party's leadership over social insurance and health insurance work in the 2012 period
- 2020; continues to affirm our Party's consistent and thorough viewpoints, and at the same time identify new strategic directions: "Social insurance and health insurance are two important social policies, the main pillars of the social security system." society, contributing to the implementation of social progress and justice, ensuring socio-political stability and socio-economic development... Implementing well social insurance and insurance policies and regimes. Health insurance is the responsibility of party committees, governments, unions, social organizations, businesses and people"; Resolution No. 28-NQ/TW dated May 23, 2018, 2nd Conference 7 Party Central Committee term XII on social insurance policy reform, which clearly states the goal of social insurance policy reform: "For social insurance to truly be a main pillar of the social security system, each Steps to firmly expand social insurance coverage, towards the goal of universal social insurance. Develop a flexible, diverse, multi-layered, modern and internationally integrated social insurance system according to the principle of contribution - benefit, fairness and equality. equality, sharing and sustainability. Improve the capacity, effectiveness and efficiency of state management and develop a streamlined, professional, modern, reliable and transparent social insurance policy implementation system.
- In terms of construction and laws related to social insurance: at the 5th session, the IX National Assembly passed the Labor Code effective from January 1, 1995 (of which 01 Chapter XII specifically regulates social insurance regime); On December 25, 2001, at the 10th session of the 10th National Assembly, the Law on amending and supplementing a number of articles of the 1994 Labor Code was passed.
Vietnam Social Security has proactively and actively coordinated with relevant ministries and branches to advise the Government to complete and submit to the National Assembly for approval important bills including: Law on Social Insurance No. 71/2006/QH11, Law on Social Insurance No. 58/2014/QH13; Health Insurance Law No. 25/2008/QH12; Law amending and supplementing a number of articles of the Health Insurance Law No. 46/2014/QH13; Employment Law No. 38/2013/QH13; Law on occupational safety and hygiene No. 84/2015/QH13; Pharmacy Law No. 105/2016/QH13; supplemented in the Penal Code No. 100/2015/QH13 regulating criminal handling of acts of fraud and evasion of social insurance, health insurance, and unemployment insurance payments. At the same time, by participating in completing bills on social insurance and health insurance regimes and policies, Vietnam Social Insurance also actively participates in building,
Completed over 320 draft Decrees and Circulars guiding the implementation of policies and laws on social insurance and health insurance.
4.1.1.2. Positive impact of guidelines, policies and laws on social insurance participation of employees in non-state enterprises
Firstly , social insurance policies have helped expand the number of participants in social insurance: from only implementing compulsory social insurance for state employees and armed forces; has expanded to workers working in all economic sectors, with labor contracts of 1 month or more; Vietnamese workers working abroad and foreign workers working in Vietnam; participants in voluntary social insurance in the informal sector.
Second , social insurance policies have aimed at equality in policy benefits between target groups; consistent with the system of social insurance regimes mentioned in the Conventions of the International Labor Organization. The mechanism for management and use of the Social Insurance Fund is gradually being improved in the direction of ensuring balance and fund growth requirements; There is a connection in participation time between two types of compulsory and voluntary social insurance, creating equality for employees.
Third , social insurance policies have added criminal penalties for evasion, fraud, and benefits from social insurance and health insurance funds to ensure fairness and protect the rights of participants. Social insurance and health insurance, this has a positive impact on discouraging businesses from supporting employees to participate in social insurance.
In general, the new provisions of social insurance law in the direction of expanding the number of participants in compulsory social insurance, along with sanctions for violations of the law, also affect the behavior of employers and employees. employees participate in social insurance.
4.1.1.3. Negative impacts from the Party and State's guidelines and policies on social insurance on the participation in social insurance of workers in non-state enterprises
Firstly , there is a lack of regulatory documents and guidance on implementing social insurance laws and policies. Many opinions from businesses believe that we currently lack detailed regulatory documents or instructions for implementing the provisions of
Laws, social insurance policies or documents issued late. Specifically, the opinions focused most on the implementation of regulations and compulsory social insurance regimes in the Social Insurance Law such as: regulations on expanding subjects participating in compulsory social insurance for foreign workers and domestic workers. Work under 1-3 month labor contract; regulations on the basis for paying social insurance including salary, allowances and other supplements; regulations on employees being able to preserve their own social insurance books; regulations on maternity benefits for men; Regulations on conditions for receiving occupational disease or occupational accident benefits when working capacity is reduced: there are no instructions if there is a temporary decline or procedures to get back the advance amount when going for a capacity loss assessment labor.
Second, the legal system related to social insurance is not consistent between Laws on the time conditions of labor contracts as a basis for social insurance payment, causing difficulties in tracking the management of payment collection and payment. Confirm social insurance books and resolve benefits for employees.
“ Currently, the Law on Social Insurance (Article 2) stipulates that participants in compulsory social insurance are employees with labor contracts of 1 month or more. The Health Insurance Law stipulates that health insurance premiums must be paid with a labor contract of 3 months or more; The Employment Law (Article 43) stipulates that subjects paying unemployment insurance have contracts of 3 months or more.
PVS. Male, Hanoi Social Insurance Officer.
4.1.2. Implementation of policies and laws on social insurance
The implementation of policies and laws on social insurance affects the participation in social insurance of employees in non-state enterprises. This influence is through two contents: administrative procedure reform in the field of social insurance and information and propaganda work.
4.1.2.1. The implementation of policies and laws on social insurance has had a positive impact on the participation in social insurance of workers in non-state enterprises.
- Reform of administrative procedures in the field of social insurance
Every year, the social insurance industry issues a plan to control administrative procedures, in which the focus is on reviewing administrative procedures; inspect, review and systematize documents to evaluate and promptly eliminate or amend inappropriate procedures,
ensuring to meet management requirements, while being simple, easy to understand, easy to implement, saving time, costs, and effort of individuals, organizations and businesses. The result is:
By the end of 2015, the administrative procedures had been reduced to 33 procedures (compared to 115 procedures at the end of 2014), reducing the number of documents (including forms, declarations, applications, and requests) by 56%. ; Reduced the number of indicators on declarations and forms by 82%. Reduced operating procedures by 78%. The time for insurance declaration and payment decreased from 235 hours to 81 hours. It is expected that when the Social Insurance Law is implemented from January 1, 2016, it will decrease to 45 hours - reaching the average level of ASEAN countries, creating Conditions for non-state enterprises to easily participate in social insurance.
- Promoting electronic transactions in the field of social insurance
The social insurance industry has also promoted electronic transactions for social insurance participation procedures; In 2016, implementing Resolution No. 19-2016/NQ-CP of the Government, the Vietnam Social Insurance Agency implemented many solutions to reform administrative procedures such as: reviewing the industry's administrative procedures to continue to reduce and simplify , to create convenience for participants and businesses such as: eliminating the regulation of signing twice a year with pension recipients via ATM; Prepare to deliver social insurance books to employees; paying social insurance money directly to the beneficiary's account... According to the report of Vietnam Social Insurance, from the beginning of 2016, 01 more administrative procedure has been cut, from 33 procedures at the end of 2015 to 32 procedures; Reduce 38% of documents, reduce 42% of criteria on declarations and forms; Reduce 54% of processes and operations to create favorable conditions for workers and businesses to participate in social insurance [42].
- The promotion of information technology is associated with the reform of administrative procedures
Vietnam Social Insurance has also promoted the application of information technology associated with reform of administrative procedures such as electronic transactions through collection, card books, settlement and payment of social insurance benefits; Maintaining the delivery of documents and results to employers through postal services, businesses do not have to go directly to the social insurance agency for transactions; According to calculations by the Vietnam Social Insurance Agency, the method of electronic transactions and through the postal system has helped reduce 16 hours of travel and waiting time in completing procedures at the Social Insurance Agency for 1 unit in 1 year; With about 200 thousand businesses participating in social insurance, the amount of travel and waiting time saved is up to more than 3 million hours/year.