Is it permissible to authorize someone else to receive pension benefits in 2025 in Vietnam?

Is it permissible to authorize someone else to receive pension benefits in 2025 in Vietnam?

Clause 1, Article 10 of the Social Insurance Law 2024 (effective from July 1, 2025) stipulates the authorization to receive pensions as follows:

Article 10. Rights of participants and beneficiaries of social insurance benefits

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2. Beneficiaries of social insurance benefits have the following rights:

a) To receive social insurance benefits fully, promptly, and conveniently;

b) To benefit from health insurance in cases where they are receiving a pension; on leave to receive occupational accident or disease benefits monthly; during maternity leave of 14 days or more in a month; during sick leave of 14 days or more in a month; or on sick leave receiving benefits for employees with diseases requiring long-term treatment as prescribed by the Minister of Health; or receiving benefits as stipulated in Article 23 of this Law;

c) To be paid for medical assessment fees in cases where not referred for examination by the employer, if the result of medical assessment qualifies for social insurance benefits as stipulated by this Law;

d) To authorize in writing another person to execute social insurance. In case of authorizing someone to receive a pension, social insurance allowance, and other policies under this Law, the written authorization is valid for a maximum of 12 months from the date of authorization. This authorization document must be certified as per legal provisions on certification;

dd) For individuals aged 80 or older, if there is a need, social insurance agencies or authorized service organizations will perform pension, social insurance allowance payments at their residence within Vietnam;

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Thus, beneficiaries of social insurance benefits are allowed to authorize another person to receive their pension. The authorization document must be certified as per the legal provisions on certification.

Note: In this case, the authorization document is valid for a maximum of 12 months from the date of authorization.

What is the minimum period of social insurance contribution for determination of a pension in Vietnam?

Article 5 of the Social Insurance Law 2024 stipulates the principles of social insurance as follows:

Article 5. Principles of social insurance

1. Benefits from mandatory social insurance and voluntary social insurance are calculated based on the contribution rate and the period of contributions; shared among participants according to the provisions of this Law.

2. The contribution rate for mandatory social insurance is calculated based on the salary used as the basis for mandatory social insurance contributions. The voluntary social insurance contributions are based on income chosen by the participant.

3. For individuals with periods of both mandatory and voluntary social insurance, the monthly allowance policies, pension, and survivor benefits are based on the periods of contributions in both mandatory and voluntary social insurance systems.

The social insurance period used for one-time social insurance benefits cannot be counted towards other social insurance benefits.

4. The social insurance fund is managed centrally, consistently, publicly, transparently; used for the right purposes and accounted independently according to component funds, groups of subjects implementing wage policies prescribed by the State and wage policies decided by the employer.

5. Implementation of social insurance should be simple, easy, convenient, ensuring timely and full benefits for participants and beneficiaries.

6. The minimum social insurance contribution period to determine eligibility for a pension and monthly death benefits is defined by year, where one year must be calculated as a full 12 months. If the contribution period includes odd months from 01 month to 06 months, it is calculated as half a year; from 07 months to 11 months, it is calculated as one year.

7. Resolution of social insurance benefits is determined according to social insurance legislation at the time benefits are received.

Hence, the minimum social insurance contribution period to determine eligibility for a pension is defined annually, with one year calculated as a full 12 months.

If contributions include odd months from 01 to 06 months, it is calculated as half a year; from 07 to 11 months, it is calculated as one year.

Is it permissible to authorize someone else to receive pension benefits in 2025 in Vietnam?​ (Image from the Internet)

Can one receive social retirement benefits if they do not receive a pension in Vietnam?

Article 21 of the Social Insurance Law 2024 provides regulations on subjects and conditions for receiving social retirement benefits as follows:

Article 21. Subjects and conditions for receiving social retirement benefits

1. Vietnamese citizens are entitled to social retirement benefits when meeting the following conditions:

a) Aged 75 years or older;

b) Do not receive a pension or monthly social insurance allowance, except in other cases as prescribed by the Government of Vietnam;

c) Have a written request for social retirement benefits.

2. Vietnamese citizens aged 70 to under 75 who belong to poor or near-poor households and meet the conditions specified in points b and c of clause 1 of this Article are entitled to social retirement benefits.

3. The National Assembly Standing Committee decides on gradually lowering the age for receiving social retirement benefits based on the proposal of the Government of Vietnam, suitable with socio-economic development conditions and state budget capacity each period.

4. The Government of Vietnam stipulates details of clause 2 of this Article.

Therefore, if a Vietnamese citizen does not receive a pension (except for other cases prescribed by the Government of Vietnam), has a written request for social retirement benefits, and is aged 75 years or older, they are eligible for social retirement benefits.