The Legal Consulting Office of Lao Dong Newspaper said: The Government has issued Decree 176/2025/ND-CP regulating the social pension allowance regime for the elderly. This is a new policy that partially replaces the previous regulations in Decree 20/2021/ND-CP.
According to Clause 2, Article 8 of Decree 176/2025/ND-CP, from the time this decree takes effect, Point b and Point c Clause 5 Article 5 of Decree 20/2021/ND-CP officially expire.
These are regulations directly related to the group of elderly people aged 75 and over who are receiving monthly social allowances.
Accordingly, previously, according to Decree 20/2021/ND-CP, elderly people belonging to groups such as: from 75 to under 80 years old belonging to poor and near-poor households in particularly difficult areas; or people from 80 years old or older without pensions, social insurance allowances... will receive monthly social allowances.
However, from July 1, 2025, these subjects will no longer continue to enjoy the old social allowance mechanism, but will be transferred to enjoy social pension benefits according to new regulations.
According to Clause 1, Article 7 of Decree 176/2025/ND-CP, subjects currently receiving monthly social allowances in the above-mentioned category, if they are eligible for social pension benefits, will be automatically transferred to the new regime.
Notably, the regulation also clearly states:
People do not have to apply;
The Chairman of the commune-level People's Committee will base on the dossier being managed to issue a decision to convert the regime.
This helps reduce administrative procedures, ensuring that the transition process takes place smoothly, without disrupting the rights of the elderly.
However, there are no regulations excluding cases where people over 75 years old are entitled to monthly allowances according to the provisions of Decree 20/2021/ND-CP.
In case people over 75 years old are subject to both monthly social allowance and social pension allowance regimes, priority is given to applying regimes with higher allowances according to the provisions of Clause 1, Article 3 of Decree 176/2025/ND-CP.
Thus, people aged 75 and over who are previously regulated in Decree 20 will be transferred to enjoy social pension benefits if they meet the conditions, and their rights will be guaranteed in a more beneficial direction.
