Proposal to compensate if social insurance and pension regimes are resolved late, causing damage

On October 21, continuing the 2nd Session, the 16th National Assembly listened to Minister of Home Affairs Nguyen Tien Hai present the Submission on the draft Law amending and supplementing a number of articles of the Law on Social Insurance (BHXH).

One of the notable contents of the draft Law is the proposal to amend and supplement Clause 5, Article 18 on the responsibilities of social insurance agencies in resolving and paying regimes.

According to the draft, the social insurance agency is responsible for receiving applications for enjoyment and resolving enjoyment of social insurance benefits; organizing the full, convenient and timely payment of pensions, social insurance allowances, and unemployment insurance.

Notably, the draft stipulates: "In case the settlement of enjoying social insurance benefits is delayed compared to the prescribed time limit, causing damage to the legitimate rights and interests of the beneficiary, compensation must be made according to the provisions of law, except for cases of fault of the beneficiary of social insurance benefits".

Thus, it is proposed to attach compensation responsibility to cases where social insurance benefits are resolved late compared to the prescribed time limit and cause damage to the legitimate rights and interests of beneficiaries, and at the same time exclude cases due to the fault of beneficiaries.

Not only stipulating the responsibilities of the social insurance agency, the draft Law also supplements the responsibilities of employers in submitting dossiers for resolving social insurance benefits for employees.

The draft adds clause 10 to Article 13, requiring employers to submit dossiers for resolving social insurance benefits for employees on time as prescribed.

In case the application is submitted beyond the deadline, it must be explained in writing and sent to the social insurance agency when submitting the application.

In particular, in case of submitting dossiers beyond the prescribed time limit causing damage to the legitimate rights and interests of the beneficiary, the employer must compensate according to the provisions of law, except in cases of fault of the social insurance benefit recipient.

For employees, the draft adds clause 3 to Article 11, stipulating the responsibility of submitting dossiers for settlement of social insurance benefits on time. In case of late submission, it is also necessary to provide written explanations and send them to the social insurance agency when submitting dossiers.

According to the Government's Submission No. 802/TTr-CP, the addition of regulations on the responsibilities of beneficiaries, employers and social insurance agencies in submitting and resolving dossiers for enjoying social insurance benefits late compared to the deadline is to ensure the rights of social insurance beneficiaries.

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