According to the comments of the Departments of Home Affairs of Dak Lak, Nghe An, Phu Tho, Cao Bang, Hung Yen, Gia Lai provinces; Department of Home Affairs of Hanoi city; Delegation of National Assembly deputies of Hanoi city and Vinh Long Provincial People's Committee, it is proposed to supplement regulations to allow social insurance agencies to deduct the amount of pensions and social insurance allowances received incorrectly from the amount of pensions and social insurance allowances that beneficiaries receive in subsequent payment phases.
The units also proposed to study and supplement regulations on how to handle recovery when pension and social insurance allowance beneficiaries have died, such as studying the deduction mechanism on the balance of the deceased beneficiary's account.
According to comments from units, currently the legal system only allows deduction when there is a decision from the civil judgment enforcement agency, and there is no mechanism for the social insurance agency to proactively recover incorrect regime expenditures.
Therefore, if the beneficiary does not voluntarily agree to repay, the social insurance agency still has to pay the full amount of the current benefit period, affecting the efficiency of recovery and safe management of the fund.
Regarding this suggestion, the Ministry of Home Affairs said it did not accept it.
According to the Ministry of Home Affairs, the addition of regulations allowing incorrect deduction of pensions and social insurance allowances will affect the rights of beneficiaries.
The Ministry of Home Affairs said that Article 75 of the Law on Social Insurance has stipulated cases of temporary suspension and termination of monthly pension and social insurance allowance.
At the same time, point c, clause 2, Article 11 has stipulated the responsibilities of people enjoying social insurance benefits through accounts, accordingly, periodically every year, people enjoying social insurance benefits through personal accounts opened at banks are responsible for coordinating with the social insurance agency or service organization authorized by the social insurance agency to verify information that meets the conditions for enjoying social insurance benefits.
According to the Ministry of Home Affairs, when there is a decision from a competent authority on the beneficiary's death or disappearance, or when the beneficiary's information cannot be verified, the social insurance agency has the right to temporarily suspend or terminate the monthly pension and social insurance allowance.
If additional cases are added to allow social insurance agencies to deduct and recover social insurance benefits, it will affect the right to fully enjoy social insurance benefits of beneficiaries.
In addition, the Ministry of Finance also contributed opinions proposing to supplement a clause stipulating that social insurance agencies "are allowed by competent authorities to provide information on law compliance and other relevant information to implement social insurance policies for employees".
According to the Ministry of Finance, this regulation will be the legal basis for the social insurance agency to directly coordinate with competent authorities, in writing or through an interconnected database, to request to provide information related to the law compliance of beneficiaries such as residence information, entry and exit information to serve verification of beneficiary information and implementation of social insurance policies.
Regarding this proposal, the Ministry of Home Affairs also said it would not accept it.
According to the Ministry of Home Affairs, these are practical nghiệp vụ for social insurance agencies to exercise their rights and responsibilities, so they are not stipulated in the law.
The Ministry of Home Affairs added that currently implementing Resolution No. 57-NQ/TW and the directions of the Government, ministries and sectors are building databases; accordingly, information provision will be implemented inter-connected through databases.
