According to the latest draft Law on Social Insurance, the drafting agency, the Ministry of Home Affairs, proposed to maintain the regulations on temporary suspension, termination and continued enjoyment of monthly pensions and social insurance allowances in Article 75.
The temporary suspension of enjoying monthly pensions and social insurance allowances is applied to current beneficiaries when they fall into one of the following cases: illegal exit; being declared missing by the court; or not being able to verify the beneficiary's information as prescribed in point c, clause 2, Article 11 of the Law.
The termination of enjoying monthly pensions and social insurance allowances is applied when the current beneficiary falls into one of the following cases: death or being declared dead by the court; refusing to receive monthly pensions and social insurance allowances in writing; or having a conclusion from a competent authority about enjoying social insurance not in accordance with the law.
For cases of temporary suspension of benefits due to illegal exit, declaration of missing or failure to verify beneficiary information, when meeting the conditions according to regulations such as returning to the country, there is a court decision to cancel the decision to declare missing or verify information, they will continue to be paid, including the pension and social insurance allowance for the time they have not received.
In case of refusal to receive monthly pensions and social insurance allowances in writing, when the beneficiary has a written request to receive them again, the social insurance agency continues to pay from the time of receiving the request, but does not include the amount of the time not received due to refusal to receive it.
The draft also stipulates that if a person receiving a monthly pension or social insurance allowance has not received it before death, the relatives are entitled to receive the amount of the months they have not received.
In case the person is temporarily suspended from enjoying benefits due to being declared missing by the Court, and then declared dead, the relatives are not entitled to receive pensions or allowances during the temporary suspension period.
In addition, other cases of suspension, termination and continued enjoyment will be regulated by the Government.
Contributing opinions to Article 75, the Ministry of Finance proposed to amend and supplement point b, clause 2 in the direction of stipulating: "Rejection of enjoying pensions and monthly social insurance allowances at the request of beneficiaries in the document".
According to the Ministry of Finance, the amendment aims to create a legal basis for social insurance agencies to implement in practice for cases where beneficiaries did not receive benefits before the 2024 Social Insurance Law took effect and requested to refuse to receive the entire amount of unpaid money before July 1, 2025.
Answering this suggestion, the Ministry of Home Affairs said it did not accept it. According to the Ministry of Home Affairs, the Law on Social Insurance No. 41/2024/QH15 takes effect from July 1, 2025 and does not stipulate earlier effectiveness for this content.
Therefore, supplementing regulations to apply to cases arising before the law takes effect is unfounded.
Regarding the regulation on temporary suspension of pension benefits, the Department of Home Affairs of Nghe An province proposed to supplement point c, clause 1, Article 75 in the direction of temporarily suspending the enjoyment of pensions and monthly social insurance allowances for people who are receiving cash but do not receive pensions for a period of 12 months or more.
Regarding this content, the Ministry of Home Affairs said it did not accept it. According to the Ministry of Home Affairs, it is necessary to continue to study, evaluate and summarize the actual implementation to ensure that it does not affect the rights of employees, pensioners and their relatives.
