Communist Review - Being entitled to social welfare is one of the basic human rights, classified into the group of economic, social and cultural rights. The social welfare system is established according to national laws and governed by public authorities. Being fully aware of the importance of the rights to social welfare to national stability and development, Viet Nam has built and refined a legal system of social welfare according to an approach based on human rights and sustainable development.

Basic awareness of human rights-based social welfare model associated with sustainable development

The right to social welfare is one of the fundamental human rights, documented in the “Universal Declaration of Human Rights” (1948) of the United Nations: “Everyone, as a member of society, has the right to social welfare and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality”(Article 22). The approach based on human rights to social welfare is applying standards as the basis for assessing expected results and adopting principles as the conditions and framework for the course of action towards the results. This method differs from the traditional one in that it focuses not only on results but also procedures chosen to achieve those results. Apart from that, it is evaluated according to a social welfare system structure.

The United Nations have introduced principles concerning human rights and applied them in ensuring the right of social welfare of the people including: 1- Principle of comprehensiveness and universality in ensuring social welfare; 2- Principle of no hierarchical partiality in ensuring social welfare and among human rights ; 3- Principle of interdependence and correlation in ensuring social welfare; 4- Principle of equality and no discrimination in ensuring social welfare; 5- Principle of participation and integration in ensuring social welfare; 6- Principle of responsibility and the rule of law in ensuring social welfare.

The human rights-based approach associated with sustainable development has become a common trend in plenty of countries:

Firstly, synchronously developing a multilayered and flexible social welfare system which is able to support people in preventing, reducing and overcoming risks in their life. The system devised by the UN consists of: 1- Social insurance system (retirement pension, health insurance, unemployment allowance, short-term social insurance); 2- Social assistance system (subsidies for hunger eradication and poverty alleviation, social assistance for disadvantaged groups...); 3- General social assistance system (family allowances, public health service, old age pensions...); 4- Private social assistance system.

Secondly, designing a life-cycle social welfare system that addresses various risks and challenges throughout human life: Pregnancy and childhood => preschool and primary school age => adolescence => working age => old age.

Thirdly, the social welfare policy is founded on the basis of the minimum standards of living, guaranteeing that all people living below this level have the right to benefit from social welfare policies and programs.

Fourthly, investment in social welfare is one of the essential components of a successful market economy to underscore the role of social welfare in human development and in promoting economic growth and sustainable development.

Fifthly, building a social welfare system with a long-term vision in line with national development strategies, focusing on human development, sustainable development and sharing prosperity.

In Viet Nam, the Document of the 11th National Party Congress affirms that human rights, citizenship and conditions must be ensured for comprehensive human development. The Party Platform on nation construction in the period of transition to socialism (supplemented, developed in 2011) highlights: “the socialist society that our people have been building is “a prosperous people and a strong, democratic, equitable, and civilized country”; “People are the center of development strategies as well as the subject of development. Human rights are respected and protected, and associated with national interests and people’s mastery”⁽¹⁾. The Constitution of the Socialist Republic of Vietnam (2013) first stipulated: “Citizens have the right to social welfare” (Article 34). This is a new approach acknowledging that the right to social welfare is an objective and inevitable need of the people, a development goal of the country and in harmony with the world development.

Identifying current social welfare model in Viet Nam

Resolution No. 15-NQ/TW, dated June 10, 2012, the 5th Conference of the XI Party Central Committee, “Regarding some issues of social policy in the period 2012 - 2020” affirms that the social welfare system must be diversified, comprehensive, and shared among the State, society and people, among population groups within a generation and between generations; Ensuring sustainability, equity and social welfare is a frequent and important task of the Party and State, of the entire political system and the society.

The resolution also defines the fundamental structure of the social welfare system is composed of four pillars: Employment, income and poverty reduction; social insurance; social assistance for people in extremely difficult circumstances; ensuring certain basic social services for people at a minimum level (education, health, housing, clean water and information).

The awareness is congruent with the current socio-economic development level of Viet Nam, is the foundation for institutionalizing into mechanisms, policies and laws of the State on social welfare. It has percolated into life with people's approval and support.

To ensure social welfare according to the Party's guidelines, the State's role is very important, which is represented in the following aspects:

Firstly, making policies and laws according to each pillar of the social welfare system with specified principles and standards; internalizing international treaties and commitments step by step; designing programs on social welfare to create a feasible and effective legal framework.

Secondly, enforcing policies, laws, and programs on social welfare in the state administrative system and encouraging the participation of social partners to achieve targets, ensuring social welfare programs to reach the right population effectively. In particular, solving urgent social welfare issues such as; job security, sustainable poverty reduction, emergency support for people in case of unexpected events, healthcare, and minimal education..

Thirdly, establishing a non-profit system operating autonomously which provides public services on social welfare, ensuring that all people have access to it; diversifying social welfare services through mobilizing resources and promoting social work professionally.

Fourthly, regularly scrutinizing, evaluating, and reviewing the implementation of policies and laws on social welfare. Setting up an information system reporting and providing social welfare data based on the needs of relevant individuals. Carrying out administrative reforms, applying information technology in management and implementation of social welfare policies and laws, creating favorable conditions for beneficiaries.

The implementation of social welfare policies and laws has produced significant results. In the period from 2011 to 2019, the move created jobs for over 1.6 million people annually; unemployment rate is always at a low level, only fluctuating around 2% - 2.2%. In 2019, the proportion of poor households decreased to just 4%, the number of workers joining social insurance was up to 15,185 million, accounting for roughly 31% of the workforce. Health insurance coverage reached 90%. 3,041,731 members received benefits from regular social assistance policies...

Nevertheless, the current social welfare model still has shortcomings and limitations:

Firstly, the awareness of social welfare model in the socialist-oriented market economy and international integration has progressed, but it is not really uniform and complete. In fact, the current social welfare system has been basically shaped, but has been not fully understood and has not been contextualized in strategic planning, and is yet to be institutionalized into comprehensive and timely policies and laws. Its structure has not fully arrested the human-rights trend associated with sustainable development. The laws on social welfare has been promulgated, supplemented and revised many times, however, they are still incomplete, inconsistent, and has not caught up with the ever-changing reality.

Secondly, the institutions ensuring social equity in terms of social welfare policies and programs in the development of the socialist-oriented market economy have not been perfected. They have not closely combined the leading role of the State with the active role of the market in allocating resources to invest in social welfare, but mainly depend on the state budget. In addition, some social welfare policies tend to be commercialized, making it difficult for part of the population to access. Alternatively, they end up in being subsidized with the ask-give mechanism, leading to dependence on the State and negative consequences.

Thirdly, the more advanced the society becomes, the more potential the human-rights approach associated with sustainable development is. However, the approach is also affected and challenged by various factors, which are the impact of on-going institutional reforms, integration, rapid population aging and global climate change ... The more social risks arise, the greater and more diverse the needs to ensure social welfare are. Meanwhile, the coverage of standard support level of new social welfare policies is limited and has not expanded to guarantee that beneficiaries have minimum standards of living. Therefore, their capacity to withstand risks is not high and short of sustainability; people's self-welfare has not been strongly promoted.

Fourthly, although the career system of social welfare has progressed steadily, it inclines towards the development of public career organizations. The participation of the community and society is not strong and diverse. The system has not yet switched to providing public services, and has taken care of the objects of social welfare mainly based on the community. Professional social work on social welfare has been not strongly encouraged and a team of qualified staff has not been formed yet.

Fifthly, the state management of social welfare remains ineffective in the development and implementation of policies, laws and programs on social welfare in a new approach. It is still overlapping and fragmented in numerous ministries and branches; administrative reforms on social welfare, especially administrative procedures and the application of high technology, digitalization has not met practical needs. People still face difficulty in accessing social welfare; database system on social welfare is not improved and updated...

          Improving social welfare model in 2020-2021 period

Firstly, the approved direction is developing the system of social welfare in the overall socioeconomic development strategies, which is in line with the economy of Viet Nam from 2021 to 2030; combining economic growth with ensuring social welfare, practicing social equity, contributing to sustainable national development.

Secondly, continuing to improve the multi-layered and flexible life-cycle social welfare , aiming at universal coverage and guaranteeing minimum living standards for people with a 5-pillar structure: 1- labor market, employment and income,  labour demand and supply, labor market infrastructure and forecast, labor market information, employment services; 2- Social insurance including compulsory, supplementary, and voluntary social insurance, health insurance, unemployment insurance, labor accidents and occupational disease insurance; 3- Social assistance including regular and emergency support and social care; 4- Social welfare floor with “basket” of essential commodities and services; 5- Professional social work on social welfare.

Thirdly, perfecting social welfare system according to national standards, applying regional and international standards gradually, fostering regional and international cooperation in the field of social welfare.

Fourthly, developing a long-term social welfare system covering the whole population with well-sequenced routes. In the short term, assigning priority to vulnerable groups, especially children in extremely difficult circumstances, the elderly, the disabled, the poor, the ethnic,…

Fifthly, ensuring the right to social welfare on the basis of the responsibility of both the political system and all citizens. The government plays a key role, especially in terms of investing in social welfare; encouraging the participation of social partners, businesses, communities at the same time; taking advantage of support packages to improve people’s self-welfare so that they can integrate into the community.

          A few solutions in coming time

Firstly, promoting widespread dissemination to raise awareness within the political system and people by specific programs that are carried out in multiple forms and modern methods. Applying advanced communication technology to gain a clear insight into nature, content as well as directions to improve the model of social welfare, thereby raising the sense of responsibility in the implementation.

Secondly, researching and shaping strategic directions for social welfare which follows the new model in the period of 2021-2030 based on evaluating the implementation of Resolution No. 15-NQ/TW. This forms the basis for devising an alternative resolution for the 2021-2030 period or issuing the conclusion of the Central Committee regarding continuing the enforcement of Resolution No. 15-NQ/TW that is supplemented in terms of content, views, strategic directions to form specific social welfare policies and programs.

Thirdly, continuing to institutionalize the new social welfare model on the ground of amending and supplementing existing laws related to the 5 pillars of the social welfare system (Employment Law, Social Insurance Law, Elder Law, Disability Law;..); creating a number of new laws on social assistance and social work for the formation of laws on social welfare. Specifically:

Regarding the labor market, employment and income: focusing on : 1- Continuing to liberate labor force to bring into play human potentials and resources for economic growth, creating many sustainable jobs. 2- Developing a synchronized labor market nationwide to link labor supply and demand; forging harmonious, stable and progressive labor relations; practicing equity in the distribution of salaries and income, which is associated with productivity; ensuring safe and hygienic working conditions; promoting healthy culture in business. 3-developing highly-skilled labor market. 4- Building synchronized labor market infrastructure (employment services, information databases, labor market forecast,..).

As for social insurance: Continuing to amend and supplement the Law on Social insurance (2014) in the spirit of Resolution No. 28-NQ/TW, dated May 23 2018. Reforming social insurance policies so that they are flexible, diversified, multi-layered, modern and integrated; combining well the principles of payment-benefit, fairness, equality, sharing, and gravitating towards universal coverage. Regulating additional social insurance; adjusting the parameters of payment - benefit; adjusting accumulation rate to achieve maximum pension rate; adding regulations on social pension benefits; completing policies on unemployment insurance and health insurance... and ensuring the balance of the Social Insurance Fund in the long term.

With respect to social assistance: Continuing to implement Decision No.488/QD-TTg, dated April 14 2017, by the Prime Minister in the project on innovation and development of social assistance for the period 2017 - 2025 with a vision to 2030, aiming at legislating for social assistance, institutionalizing the comprehensive social assistance system which is diversified, multilayered, advanced, suitable for human life cycle in a linked relationship (3 stages: pregnant mother and children/adolescents ó people of working age ó elderly), and shared among the government, society and people; stipulating regular social subsidy policies for each target group with the allowance standard close to minimum standards of living; adding regulations on unexpected allowance according to the extent of the damage; developing the network of social assistance institutions.

In terms of social welfare floor: Establishing a legal framework to form a social welfare floor in accordance with Viet Nam's socio-economic conditions and Convention 102 of the International Labor Organization (ILO) on minimum social welfare standards including: 1- Ensuring minimum income close to minimum and multi-dimensional standards of living; 2- Minimum health care, especially primary health care, community health, adolescent reproductive health; health insurance covering the entire population; 3- Minimum education; preschool education; primary and secondary education ; 4- Safe housing; 5- Sanitary domestic water.

Regarding professional social work: Creating a legal framework on the basis of building laws on professional social work. In particular, defining the organizational structure of social work service providers (centers, offices, social work sites...) in the spirit of socialization. Especially, specifying the legality of social work service providers specializing in health, orthopedics and rehabilitation, education, vocational education...

Fourthly, adopting a new social welfare model for several social groups that need special assistance through developing and launching the national target program on social welfare for the period 2021 - 2030. This is an overall program designed with 5 core components that are comprehensive, multidimensional (in terms of mechanisms, policies, resources, organizational structure, implementation coordination): 1- offering jobs and alleviating sustainable poverty for workers, poor households (outside ethnic minority areas); 2- Taking care of children in special circumstances; 3- Taking care of people with severe disabilities; 4- Taking care of the elderly in difficult conditions; 5- Encouraging social work occupations.

Fifthly, resolving problems about organizational management, financial mechanisms and investment in new social welfare model. Restructuring the functions and tasks of ministries related to social welfare uniformly under the management of Ministry of Labor, War Invalids and Social Affairs. Ensuring budget investment for the implementation of policies and programs on social welfare in the new model. Strongly empowering localities to strengthen and promote autonomy in comprehensive management, active and effective implementation of social welfare policies/programs in the areas./.

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(1) Document of XI NationalParty Congress, Publishing House. National politics, Hanoi, 2011, p.76

This article was published in the Communist Review, No. 945 (July 2020)