In Vietnam, the proportion of female workers in the formal employment sector - where social insurance benefits are better guaranteed - is less than that of men, and the average income of women is also lower. Meanwhile, they are the ones who mainly perform unpaid care work.

Women also have a longer life expectancy as they make up the majority of the elderly in the country, accounting for 60% of the population aged 65 and over and 68% of the population aged 80 and over - an age with high demand for guaranteed income and health care, but many elderly women do not have a pension.

The draft Social Insurance Law (amended) has many amended and supplemented regulations to concretize the views and objectives of Resolution 28-NQ/TW such as expanding subjects to the social insurance system, reducing the minimum number of years paying social insurance premiums to receive a pension, building multi-layered social insurance, supplementing policies on social pension benefits, and maternity benefit policies for voluntary social insurance participants. This is an opportunity to promote gender equality in the field of social security.

Multi-layered maternity regime needed in Vietnam

It is estimated that nearly 40% of more than 1.5 million Vietnamese women giving birth enjoyed maternity benefits in Vietnam by 2021.

According to the Maternity Protection Convention of the International Labor Organization (ILO), 2000 (C 183), maternity protection provisions should be applicable to all women, including those working in informal conditions. Maternity protection includes: maternity leave, cash assistance and medical benefits, health protecting, breastfeeding, employment protection and non-discrimination.

Extending maternity benefits to all mothers of newborns could be done through a multi-tiered maternity benefits system. A multi-tiered maternity regime will realize the maternity protection rights of all women in Vietnam, regardless of their employment status. The maternity allowance from the 2nd floor based on contribution relations (Social Insurance) will replace lost income for parents participating in compulsory and voluntary social insurance who give birth or adopt a child.

The maternity allowance from the first floor paid by the state budget for those who cannot pay social insurance will provide basic income security for mothers who do not participate in social insurance.

The International Labor Organization (ILO) also points out that maternity benefits are an important element of social security. However, this regime is currently only available in the compulsory social insurance system. In the context of limited social insurance coverage in Vietnam, most women today depend on income sharing within the family to be able to cope with loss of income when they have to withdraw from the workforce for giving bird, postpartum leave, and child care.

The ILO emphasized that it is important to create conditions for women outside the social insurance system as well as the few women participating in voluntary social insurance to have the right to enjoy maternity benefits. The ILO proposes to expand maternity benefits to all mothers with young children within the framework of a multi-tiered benefit package that includes child benefits. A multi-tiered maternity benefit will help all women in Vietnam enjoy maternity benefits, regardless of their employment status.

Therefore, Dr. Bui Sy Loi - former Standing Deputy Chairman of the Committee on Social Affairs of the National Assembly believes that it is necessary to have a multi-layered maternity regime in Vietnam.

Addressing gaps in law

To increase the attractiveness of voluntary social insurance, in the draft Social Insurance Law, the Government proposes to stipulate that employees participate in voluntary social insurance (including both female and male employees) when giving birth if they meet the requirements (paying social insurance for 6 months or more within the 12 months before giving birth), will receive allowance of 2,000,000 VND for one child.

Dr. Bui Sy Loi said that the allowance is very low and does not really support women in maternity protection. According to international standards, women need at least 14 weeks of maternity leave. With 2,000,000 VND, it is equivalent to only 145,000 VND/week, or about 600,000 VND/month, or only 40% of the poverty line in rural areas.

Dr. Bui Sy Loi analyzed that the State has had policies to support ethnic minority women from poor households, residing in administrative units in disadvantaged areas when giving birth. Therefore, the proposed minimum maternity benefit for employees participating in voluntary social insurance of 1.5 million VND/month (rural poverty standard) for 14 weeks (3.5 months) is appropriate and still maintain the policy of supporting women from poor households who are ethnic minorities when giving birth in accordance with population policy.

The cost of maternity benefits is paid by the state budget on the first floor, in order to achieve the goal of universal coverage for all mothers giving birth in Vietnam. It is necessary to use resources from the state budget for social support programs, worth about 4,900 billion VND/year, equivalent to 0.05% of the country's GDP in 2022.

The universal maternity benefit system in Vietnam can reduce the financial burden of social insurance contributions on households that are unable to pay premiums, contributing to increasing the level of maternity protection for workers, especially female workers, thereby increasing the coverage of social insurance, ensuring that no Vietnamese woman (or family) falls into poverty because of childbirth.

The fundamental goal of amending the 2014 Social Insurance Law is to ensure social security for all people, based on human rights according to the 2013 Constitution (Article 34), particularly aiming to build a pension floor to ensure a minimum standard of living for retirees according to the principle of leaving no one behind.

In particular, gaps in current law must be overcome; ensuring gender equality and non-discrimination, narrowing the pension gap between men and women, protecting the maternity rights of female workers, enhancing the welfare, health and nutrition of mothers and children, equal opportunities for women in finding jobs.

Hai Van