ADDING 03 CASES OF TERMINATION OF MONTHLY SOCIAL INSURANCE BENEFITS ACCORDING TO THE NEW SOCIAL INSURANCE LAW

Pusuant to the new Social Insurance Law, the Social Insurance Law 2024 replacing the Social Insurance Law 2014, there are 03 cases of termination of monthly social insurance benefits.

Table of Contents

1. 03 cases of termination of monthly social insurance benefits under the new Social Insurance Law

2. Cases of continued payment of monthly social insurance benefits

2.1 Continue to pay monthly social insurance benefits to subjects declared dead by the Court

2.2 Continue to pay monthly social insurance benefits to subjects refusing to receive monthly social insurance benefits in writing

2.3 Some other notes

1. 03 cases of termination of monthly social insurance benefits under the new Social Insurance Law

Pursuant to Clause 2, Article 75 of the Social Insurance Law 2024, which stipulates cases of termination of monthly social insurance benefits under the new Social Insurance Law, specifically:

“2. Provision of pensions or monthly social insurance allowances shall be terminated in one of the following cases:

a) The beneficiary dies or declared dead by the court;

b) The beneficiary submits a written renunciation of monthly social insurance allowances or pensions;

c) A competent authority concludes that social insurance benefits are being provided against the law.”

In particular, terminating the monthly social insurance benefits in cases where the Court declares the person dead, according to Article 71 of the 2015 Civil Code, detailed regulations on declaring death include the following contents:

“1. A person with related rights and interests may request the court to issue a decision declaring that a person is dead in the following cases:

(a) If, after three years from the date on which the decision of a court declaring that the person is missing becomes legally effective, there is still no reliable information that such person is alive;

(b) If the person went missing during a war and there is no reliable information that such person is alive for five years from the date on which the war ended;

(c) If the person was in an accident, catastrophe or natural disaster and there is no reliable information that such person is alive for two years from the date on which such event occurred, except where otherwise provided by law;

(d) If the person has been missing for five consecutive years or longer and there is no reliable information that such person is alive. The period in this case shall be calculated in accordance with article 68.1 of this Code.

2. Depending on the facts of each case prescribed in clause 1 of this article, a court shall determine the date of death of a person declared dead.

3. The decision of a court declaring that a person is dead must be sent to the people’s committee at the commune level where the person declared as dead resided for noting in accordance with the law on civil status.”

Thus, according to the new Law on Social Insurance, there are 03 cases of termination of monthly social insurance benefits, including: Death or being declared dead by the Court; Refusal to receive monthly social insurance benefits in writing; The conclusion of the competent authority on social insurance benefits is not in accordance with the provisions of law.

2. Cases in which monthly social insurance benefits are continued

2.1 Continue to pay monthly social insurance benefits to subjects declared dead by the Court.

Pursuant to Point b, Clause 3, Article 75 of the Law on Social Insurance 2024, the monthly social insurance benefits of subjects specified in Clause (i) Section 1 above will continue to be paid, including the monthly social insurance benefits for the period not yet received when The court issues a decision to revoke the missing person or death declaration.

2.2 Continue to pay monthly social insurance benefits to subjects who refuse to receive monthly social insurance benefits in writing.

According to Clause 4, Article 75 of the Law on Social Insurance 2024, the monthly social insurance allowance of the subjects specified in Clause (ii) of Section 1 above shall continue to be paid from the time the social insurance agency receives the written request to re-entitle the monthly social insurance allowance and does not include the monthly social insurance allowance for the period not yet received due to refusal to receive it.

2.3 Some notes

Pursuant to Clauses 5 and 7, Article 75 of the Law on Social Insurance 2024:

“5. If a person has unreceived monthly social insurance allowances or pension before death, his/her family will be entitled to those amounts.

7. The Government shall specify the cases of suspension, termination, resumption of enjoyment of monthly social insurance allowances and pensions.”