Currently, according to the provisions of the 2024 Law on Social Insurance, people enjoying social insurance benefits have the right to authorize in writing others to implement social insurance.
In case of authorization to receive pensions, social insurance allowances and other regimes according to the provisions of this Law, the power of attorney is valid for a maximum of 12 months from the date of establishment of the authorization.
For power of attorney documents established according to the provisions of the Law on Social Insurance, if they are still valid, they can continue to be used but not more than June 30, 2026.
Contributing opinions to the draft Law amending and supplementing a number of articles of the Law on Social Insurance, the Hanoi Department of Home Affairs proposed amendments: Written authorization for others to implement social insurance according to the provisions of civil law. The document authorizing the receipt of pensions, social insurance allowances and other regimes must be certified according to the provisions of law on certification.
The authorized person is responsible for promptly notifying the social insurance agency when the authorized person dies, is missing, is declared to have lost civil act capacity or is no longer eligible for social insurance benefits; in case of receiving money that is not in accordance with regulations arising after the authorized person is no longer eligible for benefits, it must be returned according to the provisions of law.
Responding to the above content, the Ministry of Home Affairs partially accepted it to design 2 authorization options to ask for opinions.
However, the Ministry also believes that the addition of the responsibility of the authorized person will generate the responsibility of the authorized person that is not consistent with the content of Article 10 on the rights of participants and beneficiaries of social insurance benefits.
In the draft Law amending and supplementing a number of articles of the Law on Social Insurance, the Ministry of Home Affairs proposed 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.
