Settling the continued enjoyment of monthly pension and social insurance benefits for individuals who have completed a prison sentence

04/01/2024 09:45 AM


1. How is the time limit and result regulated for ‘Settling the continued enjoyment of monthly pension and social insurance benefits for individuals who have completed a prison sentence, individuals who have illegally emigrated and returned to the country for legal settlement, individuals whose missing declaration decision has been canceled by the court’?

Based on point 12.1, clause 12, Section III of the Appendix accompanying Decision No. 896/QD-BHXH of the General Director of Vietnam Social Security:

  • The time limit for ‘Settling the continued enjoyment of monthly pension and social insurance benefits for individuals who have completed a prison sentence, individuals who have illegally emigrated and returned to the country for legal settlement, individuals whose missing declaration decision has been canceled by the court’ is a maximum of 05 working days from the date the social insurance agency receives the complete documents as prescribed.
  • The results are demonstrated through:

+ Decision on the continued enjoyment of monthly social insurance benefits (Form: 11-HSB).

+ Health insurance card.

+ Pension/benefit payment.

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2. What is the procedure for ‘Settling the continued enjoyment of monthly pension and social insurance benefits for individuals who have completed a prison sentence, individuals who have illegally emigrated and returned to the country for legal settlement, individuals whose missing declaration decision has been canceled by the court’?

Based on point 12.1, clause 12, Section III of the Appendix accompanying Decision No. 896/QD-BHXH of the General Director of Vietnam Social Security, the procedure for implementing this administrative procedure is as follows:

Step 1. Document preparation and submission: The beneficiary prepares the required documents (as specified in the document components) and submits them to the social security agency responsible for paying monthly pension and social insurance benefits before going to prison or emigrating or going missing.

Step 2. Social security agency receives and processes the documents according to regulations.

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Step 3. Receive the results: The beneficiary receives the results of the resolution from the social security office.

Who performs, and which agency resolves, and under what circumstances is the administrative procedure ‘Settling the grant of benefits for eligible teachers who have not yet been granted seniority allowances in their pensions according to Decree No. 14/2020/NĐ-CP dated January 24, 2020, of the Government’ regulated?

Based on point 10.2, clause 10, Section III of the Appendix accompanying Decision No. 896/QD-BHXH of the General Director of Vietnam Social Security:

  • The subjects implementing this administrative procedure are individuals.
  • The agency performing ‘Settling the grant of benefits for eligible teachers who have not yet been granted seniority allowances in their pensions according to Decree No. 14/2020/NĐ-CP dated January 24, 2020, of the Government’ is the provincial/district Social Security Agency.

Applicable cases are: Eligible teachers entitled to benefits according to regulations who have not been granted the benefits from January 01, 2012, onward as specified in Decree No. 14/2020/NĐ-CP dated January 24, 2020, of the Government. The representative authorized by the deceased’s relatives (including: spouse, father, mother, adoptive father, adoptive mother, biological child, adopted child of the deceased person) can receive the benefit.

 

VSS