The Ministry of Home Affairs is seeking opinions on the draft Law amending and supplementing a number of articles of the Law on Social Insurance.
The draft Law amending and supplementing a number of articles of the Law on Social Insurance proposes to amend Article 10 of the Law on Social Insurance 2024, stipulating that the authorization of others to implement social insurance is valid for a maximum of 12 months.
Accordingly, the draft law offers 2 options related to authorizing the receipt of pensions for relatives.
The first option is to authorize in writing others to implement social insurance. The implementation of authorization is in accordance with the provisions of civil law.
This option has removed the condition that the power of attorney is valid for a maximum of 12 months and the certification of the document is in accordance with the law on certification.
Option 2 is proposed to remain the same as current regulations.
In case of authorization to receive pensions, social insurance allowances and other regimes as prescribed, the power of attorney is valid for a maximum of 12 months from the date of establishment of the authorization. The power of attorney must be certified according to the provisions of law on certification.
According to the draft submission of the draft law, the Ministry of Home Affairs said that from the reflection of the social insurance agency and some localities, the regulation on authorizing pensions to be valid for 12 months has arisen some inadequacies in the issuance of continued authorization when it expires.
This procedure prevents people with weak health from making a power of attorney and also incurs costs in the case of having to make a power of attorney at a Notary Office.
Contributing opinions on the draft law, the Department of Home Affairs of Thai Nguyen province proposed to amend the regulation that the term of authorization has a maximum validity of 12 months to be appropriate for beneficiaries.
In addition, this regulation is not entirely as civil law regulations (no limit on the duration of authorization) and it is proposed to amend and supplement it in the direction of removing the maximum effective time of authorization.
However, according to the Ministry of Home Affairs, some localities believe that the current regulations should be maintained to facilitate the management of beneficiaries. Therefore, the draft law proposes 2 options as mentioned above.
With the abolition of the maximum validity of authorization, the implementation of authorization according to the provisions of civil law, the Ministry of Home Affairs believes that the management of beneficiaries must be carried out by the social insurance agency through connecting and sharing information and data with national databases, specialized databases and the responsibility to coordinate in verifying information that meets the conditions for enjoying social insurance benefits of beneficiaries.
