Regulations on the suspension from or continuation of enjoyment of pension or monthly social insurance allowance in Vietnam under the Law on Social Insurance 2014

Regulations on the suspension from or continuation of enjoyment of pension or monthly social insurance allowance in Vietnam under the Law on Social Insurance 2014 (Image from the Internet)

1. Regulations on the suspension from or continuation of enjoyment of pension or monthly social insurance allowance in Vietnam under the Law on Social Insurance 2014

Article 64 of the Law on Social Insurance 2014 provides regulations on suspension from or continuation of enjoyment of pension or monthly social insurance allowance in Vietnam:

- Persons receiving monthly pensions or social insurance allowances shall have their benefits suspended and continued in one of the following cases:

+ Illegal exit from the country;

+ Declared missing by the court;

+ There are grounds to determine that the entitlement to social insurance benefits is not in compliance with the law.

- Monthly pensions and social insurance allowances shall be continued when the person returns to reside legally as prescribed by law on residence. In case there is a legally effective court decision to cancel the declaration of missing status, apart from continuing to receive pensions and allowances, the individual is also entitled to arrears of pensions or social insurance allowances from the time the benefits were suspended.

- The social insurance agency, when deciding on the suspension of benefits as prescribed at point c, clause 1, Article 64 of the Law on Social Insurance 2014, shall provide a written notice and specify the reasons. Within 30 days from the date of the suspension, the social insurance agency must issue a decision to resolve the entitlement; in case of a decision to terminate social insurance benefits, the reasons must be clearly stated.

2. Guidance on Implementing suspension from or continuation of enjoyment of pension or monthly social insurance allowance in Vietnam

Article 23 of Circular 59/2015/TT-BLDTBXH provides that the suspension from or continuation of enjoyment of pension or monthly social insurance allowance in Vietnam shall be carried out as prescribed in Article 64 of the Law on Social Insurance 2014 with specific guidelines as follows:

- Persons whose monthly pensions or social insurance allowances are suspended due to being declared missing by the court, and later have the court decision declaring them missing canceled, shall continue to receive and be paid for the missed months' pensions or social insurance allowances, excluding interest.

- Persons receiving monthly pensions or social insurance allowances that have been suspended due to a period of interruption shall be paid for the missed months' pensions or social insurance allowances, excluding interest.

- In case a person receiving monthly pensions or social insurance allowances dies during the interruption period, their relatives are entitled to receive the benefits of funeral policies and the missed months' pensions or social insurance allowances, excluding interest.

- Persons whose monthly pensions or social insurance allowances are suspended due to being declared missing by the court and are subsequently declared dead by the court shall not have their relatives receive pensions or social insurance allowances during the suspension period.

3. Regulations on reservation of period of social insurance premium payment in Vietnam

According to Article 61 of the Law on Social Insurance 2014, employees who leave their job without meeting the eligibility criteria for pension as stipulated in Articles 54 and 55 of the Law on Social Insurance 2014 or have not yet claimed social insurance benefits once according to Article 60 of the Law on Social Insurance 2014 are entitled to preserve their social insurance contribution periods.

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