Vietnam: What is the power of attorney form to receive pension (form 13-HSB) under Decision 166/QD-BHXH in 2019? When will Form 13-HSB be used?
When will power of attorneys to receive pension (form 13-HSB) be used in Vietnam?
Pursuant to Point b, Clause 1.2.2, Article 6 of Decision 166/QD-BHXH 2019 stipulates as follows:
“Article 6. Receiving applications and returning application processing results
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1.2.2. Monthly pension and monthly benefits for communal officials: Applications shall conform to Article 108, Article 113, Clause 1 Article 116, Clauses 1, 8 Article 123 of the Law on social insurance; Clause 1 Article 15 of Decree No. 143/2018/ND-CP ; Article 25 of Decree No. 115/2015/ND-CP ; Clause 2 Article 25 of Circular No. 56/2017/TT-BYT ; Point dd Clause 9 Article 22 of Circular No. 181/2016/TT-BQP, including:
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b) In case a person pays voluntary social insurance or preserves social insurance payment period (including cases a person is serving an imprisonment sentence, a person has illegally emigrated and now return Vietnam for living, or a person is declared missing by the Court), the application includes:
b1) Social insurance book.
b2) The application form 14-HSB.
b3) The original of report on assessment of work capacity reduction (in case the worker has submitted the original report for receiving other benefits, the copy thereof may be used) or the copy of certificate of occupational HIV/AIDS infection.
b4) The power of attorney (form 13-HSB) of the person who has been serving an imprisonment sentence from January 01, 2016 afterwards.
b5) If a person has finished his/her imprisonment sentence within the period from January 01, 1995 to January 01, 2016, the copy of one of the following documents shall be submitted: Certificate of discharge upon completion of imprisonment sentence or parole certificate or decision on exemption from serving imprisonment sentence or decision on deferment of imprisonment sentence.
b6) The copy of certificate of legal residency given by a competent authority of the person who returns Vietnam for living after illegal emigration.
b7) The copy of the effective decision on invalidation of the Court's decision declaring the missing in case the person declared missing comes back.
b8) The Statement Form No. 04B-HBKV (promulgated together with the Circular No. 181/2016/TT-BQP) of the person who served in the army before January 01, 2007 in area where region-based benefit is granted.
b9) In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.”
Accordingly, in case the case is serving the penalty from January 1, 2016 onwards, the power of attorney form No. 13-HSB can be used to authorize another person to receive the pension.
Vietnam: What is the power of attorney form to receive pension (form 13-HSB) under Decision 166/QD-BHXH in 2019? When will Form 13-HSB be used?
How to fill in the power of attorney to receive pension form 13-HSB correctly in Vietnam?
- Fill in the full address: House number, alley (alley, alley), street, nest (village, hamlet, hamlet), commune (ward, town), district (district, town, city), province (city); in case the authorized person is serving an imprisonment sentence, write the name of the prison, district (district, town, city), province (city);
- Specify the content of authorization such as: What kind of procedures; receive dossiers for social insurance benefits (including health insurance cards) if any; What kind of pension or benefits do you receive; change the health insurance card, pay the health insurance premium, change the social insurance book, adjust the entitlement level or any other benefits... If the authorization content includes making an application, it must also clearly state the authorization to make the application, the case of authorization to make the application. All procedures (including making, submitting, receiving documents, receiving money) must be written in detail.
- Authorization period shall be mutually agreed upon by the parties and clearly stated from day/month/year to day/month/year; If it is left blank, the authorization period is one year from the date of establishment of the authorization
- Attestation of signature of the authorized person: is the certification of the local authority or the Notary Office or of the head of the prison, detention camp or of the Vietnamese Embassy or Vietnamese diplomatic mission in the country. outside or of the local government of the foreign country where the beneficiary is residing (only need to confirm the signature of the principal);
Note:
- The power of attorney in a foreign language must be accompanied by a certified Vietnamese translation in accordance with law.
- In case the authorized person fails to comply with the commitments, in addition to having to pay compensation for the improperly received amount, depending on the consequences, they will also be handled according to the provisions of administrative or criminal law.
What is the current form of power of attorney form No. 13-HSB in Vietnam?
Currently, when authorizing another person to receive pension on his/her behalf, an individual must make a power of attorney. The form of power of attorney is made according to form 13-HSB of the Appendix issued with Decision 166/QD-BHXH in 2019 is as follows:
Download the power of attorney form No. 13-HSB: Here.
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