Lawyer Pham Quoc Thanh (Quoc Thai Law Office, Hanoi) advises: The Law on Social Insurance (amended) was passed by the 15th National Assembly, 7th session on June 29, 2024, in Article 21 there is content content related to subjects and conditions for social pension benefits.
Accordingly, Vietnamese citizens are entitled to social pension benefits when they meet the following conditions:
a) Be 75 years old or older;
b) Not receiving pension or monthly social insurance benefits, except in other cases as prescribed by the Government;
c) Have a written request for social pension benefits.
2. Vietnamese citizens from full 70 years old to under 75 years old belonging to poor households, near-poor households and meeting the conditions specified in Points b and c, Clause 1 of this Article are entitled to social pension benefits.
3. The National Assembly Standing Committee decides to gradually adjust and reduce the age for social pension benefits based on the Government's proposal in accordance with socio-economic development conditions and the capacity of the state budget. water in each period.
4. The Government shall detail Clause 2 of this Article.
In Article 22, there is content related to the regimes, order and procedures for implementing social pension benefits as follows:
1. The level of monthly social pension benefits is prescribed by the Government in accordance with socio-economic development conditions and the capacity of the state budget in each period. Every 3 years, the Government reviews and considers adjusting the level of social pension benefits.
Depending on socio-economic conditions, ability to balance the budget, and mobilize social resources, the Provincial People's Committee submits to the People's Council at the same level to decide on additional support for pension beneficiaries. society.
2. In case the subjects specified in Article 21 of this Law are also eligible for monthly social benefits, they will be entitled to higher benefits.
3. People receiving monthly social pension benefits have health insurance paid by the state budget in accordance with the law on health insurance. When they die, the organization or individual taking care of the funeral will receive support. Funeral expenses according to the provisions of law on the elderly.
4. The Government regulates the order and procedures for implementing social pension benefits.
