Proposal to amend and supplement the responsibilities of participants and beneficiaries of social insurance benefits

On June 4, in Hanoi, the Standing Committee of the National Assembly's Committee for Culture and Society held a meeting to listen to the Ministry of Home Affairs report on the progress and content of the draft Law amending and supplementing a number of articles of the Law on Social Insurance and the Law on Occupational Safety and Health (amended).

At the meeting, Mr. Vu Van Tien - a member who is a full-time National Assembly deputy at the Committee for Culture and Social Affairs - proposed and recommended amending and supplementing some contents of the draft Law on Social Insurance.

That is the content at point d, Clause 2, Article 10 on the Rights of Participants and Beneficiaries of Social Insurance Benefits.

According to current regulations: Written authorization for others to implement social insurance. In case of authorization to receive pensions, social insurance allowances and other regimes according to the provisions of this Law, the authorization document has a maximum validity of 12 months from the date of establishment of the authorization. The authorization document must be certified according to the provisions of law on certification.

Regarding this content, delegate Vu Van Tien proposed to amend and supplement: Authorize in writing others to implement social insurance according to the provisions of civil law.

The power of attorney to receive pensions, social insurance allowances and other regimes must be certified according to the provisions of law on certification.

The authorized person is responsible for promptly notifying the social insurance agency when the authorized person dies, is missing, is declared to have lost civil act capacity or is no longer eligible for social insurance benefits.

In case of receiving money that is not in accordance with regulations arising after the authorized person is no longer eligible to enjoy it, it must be returned according to the provisions of law.

The reason for making this proposal, according to Mr. Vu Van Tien, is that the regulation controlling the maximum authorization period of 12 months creates a legal conflict with Article 140 of the Civil Code (which allows the parties to negotiate the term themselves).

At the same time, this regulation creates a major barrier in practice for cases where beneficiaries have lost their civil act capacity and cannot continue to carry out procedures to re-sign the power of attorney when it expires.

Point c, Clause 2, Article 11 stipulates the responsibilities of participants and beneficiaries of social insurance benefits.

According to current regulations: Periodically every year, people enjoying social insurance benefits through personal accounts opened at banks are responsible for coordinating with the social insurance agency or service organization authorized by the social insurance agency to verify information that meets the conditions for enjoying social insurance benefits.

This person proposed to amend and supplement, periodically every year, people enjoying social insurance benefits are responsible for coordinating with the social insurance agency or service organization authorized by the social insurance agency to carry out the verification of information that meets the conditions for enjoying social insurance benefits.

The reason proposed is that the current regulations create a management loophole when only mandatory verification is required for groups of recipients through bank accounts.

Meanwhile, practice shows that groups receiving cash directly pose a higher risk (such as death, disappearance, or prolonged late payment but without confirmation papers).

The lack of legal basis for mandatory verification for cash receiving groups causes difficulties in definitively handling backlog cases, easily leading to loss and misuse of the social insurance fund...

Read the original here