Proposal to change regulations on authorization to receive pensions

Xuyên Đông |

According to current regulations, the power of attorney to receive pensions in the Law on Social Insurance is only valid for 12 months. This has revealed many inadequacies in reality.

Over the past time, Lao Dong Newspaper has had many articles reflecting inadequacies in the implementation of power of attorney to receive pensions and social insurance allowances.

At a meeting held in Hanoi in July 2026, city leaders also said that there were 92,364 cases that had to re-perform authorization procedures because the power of attorney expired from June 30, 2026. To date, about 78,000 cases have completed procedures.

According to Hanoi leaders, when the power of attorney expires, those who are receiving pensions on behalf of parents or relatives must redo procedures according to regulations. With more than 92,000 cases, the city needs to have appropriate organizational plans to both ensure compliance with legal regulations and create favorable conditions for people, especially the elderly and people with travel difficulties.

According to Vietnam Social Security, in the current Law on Social Insurance, the power of attorney to receive pensions is regulated in Clause 3, Article 10 of the Law on Social Insurance. Accordingly, the power of attorney is regulated to be valid for a maximum of 12 months.

Regarding the regulations on power of attorney, currently, the Ministry of Home Affairs is submitting to the Government the draft Law amending and supplementing a number of articles of the Law on Social Insurance for National Assembly approval. Currently, the draft is being consulted with agencies, organizations and individuals until the end of July 6, 2026.

In the draft, the drafting agency proposed two options for authorizing pension receipt.

In the first option, participants and beneficiaries of social insurance regimes are authorized in writing to others to carry out social insurance procedures in accordance with the provisions of civil law. The draft does not specifically stipulate the authorization to receive pensions and social insurance allowances and does not limit the validity period of the authorization letter.

This plan is proposed to overcome the obstacles arising in the process of implementing the 2024 Law on Social Insurance.

According to the drafting agency, Clause 3, Article 10 of the 2024 Law on Social Insurance stipulates that the power of attorney is valid for a maximum of 12 months. However, reality shows that many elderly people and people with weak health face difficulties when having to redo the power of attorney after the expiration period. There are many cases where they cannot directly carry out procedures and incur additional costs.

In addition, the regulation limiting the term of authorization is also not consistent with the provisions of civil law, which does not limit the term of authorization if the parties have an agreement. Therefore, the drafting agency proposed to remove the regulation on the maximum term of the power of attorney.

If this option is applied, the management of beneficiaries will be carried out by the social insurance agency through connecting and sharing data with national databases, specialized databases and coordinating information verification to ensure the right beneficiaries.

Meanwhile, the second option maintains the current regulations. Accordingly, the power of attorney to receive pensions, social insurance allowances and other regimes is valid for a maximum of 12 months from the date of establishment of the power of attorney. The power of attorney must also be certified according to the provisions of law.

According to the drafting agency, some localities proposed to maintain this regulation to facilitate the management of beneficiaries.

Xuyên Đông
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