In the previous draft, the Ministry of Home Affairs proposed two options for regulations on authorizing pension receipt.
According to option 1, participants are "documentally authorized to others to implement social insurance. The implementation of authorization is in accordance with the provisions of civil law". This option removes the regulation that the pension receiving authorization certificate is valid for 12 months.
Option 2 maintains the current regulations. Accordingly, in cases of authorizing the receipt of pensions, social insurance allowances and other regimes according to the provisions of the Law, the authorization document is valid for a maximum of 12 months.
In the process of contributing opinions, many units proposed choosing option 1.
Contributing opinions to the draft, the Ministry of Finance proposed to choose option 1. The implementation of authorization according to the provisions of civil law to be consistent with the provisions of civil law and overcome inadequacies in the frequency of authorization of beneficiaries.
In addition, the Ministry of Finance proposed to supplement the responsibility of the person authorized to receive social insurance benefits. Specifically, the authorized person is responsible for promptly notifying the social insurance agency when the authorized person dies or is no longer eligible to receive social insurance benefits. In case of receiving money arising after the authorized person dies or is no longer eligible to receive benefits, they are responsible for repayment according to the provisions of law.
Regarding this content, the Ministry of Home Affairs said it will accept it to express it according to option 1. However, the drafting agency did not supplement the responsibility of the authorized person in Article 10 because it believed that this would give rise to the responsibility of the authorized person, which is not consistent with the content of Article 10 which is the regulation on the rights of participants and beneficiaries of social insurance benefits.
Contributing opinions on this regulation, Vingroup proposed to amend and supplement point d, clause 2, Article 10 in the direction of stipulating: "WRITTEN authorization for others to implement social insurance. The authorization document must be certified according to the provisions of law on certification, except for cases of authorization to receive pensions, social insurance allowances and other regimes according to the provisions of the Law where the payment is made through the personal account of the social insurance benefit recipient who has directly registered with the social insurance agency".
According to Vingroup, if the current regulations are maintained according to option 2, when employees retire or have a serious work accident and cannot walk, the mandatory re-certification of the power of attorney every 12 months will create an unnecessary administrative burden for both employees and business personnel when supporting settlement of benefits. However, if amended according to option 1, civil law does not require the power of attorney to be certified, so it may potentially pose legal risks such as fraud and forgery.
Accepting the opinions of agencies and units, the Ministry of Home Affairs said that the draft Law continues to stipulate according to option 1. According to the drafting agency, the additional regulation that power of attorney documents must be certified will cause difficulties for beneficiaries who are elderly or have health difficulties and cannot carry out certification.
Besides the opinions choosing option 1, some units proposed to maintain the current regulations on the term of the pension authorization letter.
The National Assembly Delegation of Hung Yen province, the National Assembly Delegation of Cao Bang province and the People's Committee of Quang Tri province contributed opinions to choose option 2.
The units believe that the regulation of the maximum validity period of the authorization document of 12 months and the requirement to be certified is necessary to ensure legality, minimize the risk of profiteering from the insurance fund or loss, and disputes over the rights of employees when authorizing to receive pensions and allowances.
Regarding these comments, the Ministry of Home Affairs said it did not accept them. According to the drafting agency, the choice of option 1 is to reduce administrative procedures for people, especially the elderly, people with weak health, and difficulty traveling; strictly comply with the provisions of the Civil Code; be consistent with the trend of digital transformation and modern management; create favorable conditions for beneficiaries and relatives to conveniently determine and choose authorization terms suitable to practical conditions. Based on the opinions of ministries, sectors and localities, the draft Law is expressed according to option 1.
According to the latest draft revised Law on Social Insurance, the regulations on power of attorney are expressed as follows: " Written authorization for others to implement social insurance. The implementation of authorization is in accordance with the provisions of civil law".
Compared to current regulations, the draft has removed the regulation that the power of attorney to receive pensions has a maximum validity of 12 months.
According to the Ministry of Home Affairs, this regulation aims to ensure absolute compliance with the provisions of the Civil Code on authorization.
