Authority to resolve complaints against decisions of social insurance agencies

Lawyer Ho Thu Trang, YouMe Law Firm LLC, replied:

Article 8 of Decree 274/2025/ND-CP stipulates the authority to resolve complaints as follows:

1. The authority to resolve complaints against decisions and acts on social insurance of social insurance agencies is stipulated as follows, except for the cases specified in Clause 2 of this Article:

a) The head of a competent social insurance agency shall resolve initial complaints against the decision or behavior of his/her social insurance or a competent person under his/her direct management;

b) The head of the superior social insurance agency directly authorized to resolve a second complaint against the decision or act of social insurance that has been first resolved by the head of the superior social insurance agency but the first complaint or complaint has expired but has not been resolved.

c) In case the complainner does not agree with the settlement of the complaint of the subject as prescribed in Point a, Point b, Clause 1 of this Article, he/she has the right to file a lawsuit at the Court in accordance with the provisions of law.

2. The settlement of complaints against decisions and acts related to enjoying social insurance benefits or calculating working time in the state sector to receive social insurance before January 1, 1995 without sufficient original documents, no more original documents or no more agencies or units directly managing employees shall be implemented as follows:

a) Heads of provincial social insurance agencies resolve first-time complaints;

b) In case the complainner does not agree with the settlement of the first complaint of the Head of the provincial social insurance agency or the complaint period expires and the complaint is not resolved, there is a right to complain to the Chairman of the provincial People's Committee or file a lawsuit in the Court according to the provisions of law;

c) In case the reclamant does not agree with the settlement of the second complaint by the Chairman of the Provincial People's Committee or the prescribed time limit expires and the complaint is not resolved, he/she has the right to file a lawsuit in the Court according to the provisions of law.

Thus, the authority to resolve complaints against decisions of the Social Insurance Agency shall be implemented in accordance with the above regulations.