Ms. N.T. Y in Bac Ninh asked, Ms. Y's mother is 55 years old this year, just sentenced to 5 years in prison. The case of Ms. Y's mother is preparing to receive a pension. So in this case, will Ms. Y's mother lose her pension benefits?
Lawyer Nguyen Thu Trang, Deputy Director of Heva Law Company Limited, said that Article 75 of the 2024 Law on Social Insurance (effective from July 1, 2025) clearly stipulates the suspension and termination of monthly pension and social insurance allowance for the following 3 subjects:
People who have exited abroad but do not comply with the provisions of law on entry and exit will be temporarily suspended from enjoying pensions. This regulation aims to ensure fairness in social insurance policies and prevent profiteering from law-breaking subjects.
Temporarily suspend the receipt of pensions and monthly social insurance allowances for people declared missing by the court. This is done because the social insurance agency cannot determine the status and position of the beneficiary, avoiding cases of taking advantage to receive pensions and social insurance allowances not in accordance with regulations.
Information of beneficiaries through bank accounts cannot be verified (according to the provisions of point c, clause 2, Article 11 of this law).
Thus, people serving prison sentences are not subject to pension termination.
Prison convicts can choose 2 forms of receiving pensions.
First, automatically transfer to personal account (ATM card).
Point c, Clause 3, Article 10 of the 2024 Law on Social Insurance stipulates the rights of beneficiaries: "To choose the form of receiving pensions and social insurance benefits through the employee's deposit account opened at a commercial bank".
Article 29 of the Law on Criminal Judgment Enforcement on the regime of asset management and custody of prisoners stipulates: Money transferred to the prisoner's bank card account is their legal property, completely preserved in the account or converted into custody money at the prison according to personal wishes to buy necessities.
If they do not want to directly receive pensions into their personal account, prison convicts can receive them through authorization for relatives to receive on their behalf.
This is a mandatory procedure that must have coordination between the Law on Social Insurance, the Civil Code and the certification authority of the Prison Board of Directors.
Based on point d, clause 2, Article 10 of the 2024 Law on Social Insurance, the beneficiary has the right to: "Write a written authorization to others to implement social insurance".
Regarding the notarization authority of prisons, when prisoners are in prison, they cannot go to a notary office or the People's Committee of a commune or ward to carry out procedures. At this time, a power of attorney or a power of attorney contract must be applied according to the law on notarization.
According to specialized legal regulations, the Board of Directors of prisons and temporary detention centers where prisoners are serving prison sentences has the authority and responsibility to certify the prisoner's signature on the power of attorney to receive pensions on behalf of them.
