Proposal to allow deduction of pensions and social insurance allowances to recover wrongly received benefits

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Can Tho - The City Department of Home Affairs proposes to allow social insurance agencies to deduct pensions and social insurance allowances to recover wrongly received money.

According to the Summary Report and proposal to amend and supplement the Law on Social Insurance (BHXH) No. 41/2024 of the Department of Home Affairs of Can Tho City, as of April 30, 2026, the whole city is currently managing the payment of monthly pensions and social insurance allowances for 43,067 people, with an average monthly payment of about 330.8 billion VND.

In 2025, the City Social Insurance has conducted a total of 30 inspections at 71 units. In addition, the City Social Insurance participated in coordinating with the City Department of Home Affairs to conduct inter-sectoral inspections at 7 labor-using units. In addition, the City Social Insurance has conducted 6 surprise inspections at 9 labor-using units.

Through this, about 8.35 billion VND has been recovered from late payment of social insurance, health insurance, and unemployment insurance (reaching 100% compared to the late payment amount of about 8.35 billion VND); recovered 248 million VND (reaching 100% compared to the amount to be recovered of 248 million VND); recovered 102 million VND to the social insurance fund (reaching 41.8% compared to the amount to be recovered of 244 million VND).

Contributing opinions to the draft Law amending and supplementing a number of articles of the Law on Social Insurance, the Department of Home Affairs of Can Tho City proposed to supplement regulations that social insurance agencies are allowed to deduct the amount of pensions and social insurance allowances received incorrectly from the amount of pensions and social insurance allowances received by beneficiaries receiving subsequent payments and regulations on how to handle recovery when social insurance pension and allowance beneficiaries have passed away.

Explaining the above proposal, the Department of Home Affairs of Can Tho City said that currently there is only a regulation on deducting pensions and social insurance allowances when there is a deduction decision from the judgment enforcement agency according to the Civil Code, and there is no mechanism for deducting pensions and social insurance allowances of beneficiaries who have already received them to recover to the fund the amount that beneficiaries have received incorrectly.

Accordingly, in case, if the beneficiary does not have an agreement, the social insurance agency still has to pay the full amount in the payment period without deducting the amount that was spent incorrectly before, leading to difficulties in recovering the amount of wrongly received benefits to the social insurance fund.

For the deceased beneficiaries, the recovery of money due to improper enjoyment is difficult due to obstacles in the law on inheritance and there is no mechanism to deduct the balance of the beneficiary's account to reimburse the social insurance and unemployment insurance funds.

Responding to this proposal, the Ministry of Home Affairs said that the proposed content has not clearly stated the actual situation of violations, the origin of the wrong amount of benefits, and there are no data on the representative nature of the above situation.

In case of supplementing the regulation that the social insurance agency is allowed to deduct from the pension and social insurance allowance amounts received by beneficiaries in subsequent phases, leading to inconsistency with the regulations on the rights of social insurance benefit recipients specified in point a, clause 2, Article 10 of the 2024 Law on Social Insurance: social insurance benefit recipients have the right to receive full and convenient social insurance benefits.

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