Failure to pay monthly social allowances to the elderly is fined up to 5 million VND

Legal Consulting Department of Lao Dong Newspaper answers:

Clause 5, Article 5 of Decree 335/2026/ND-CP stipulates social assistance policies, stipulating that elderly people in one of the following cases are eligible for monthly social allowances:

a) Elderly people from poor households, who do not have people with obligations and rights to support or have people with obligations and rights to support but these people are receiving monthly social allowances;

b) Elderly people from poor households, who do not have people with obligations and rights to support them, do not have conditions to live in the community, are eligible to be admitted to social assistance facilities but have people to nurture and care for them in the community.

Point d, Clause 1, Article 20, Decree 98/2026/ND-CP stipulating penalties for administrative violations in the field of social protection, social assistance and children (effective from May 16, 2026) stipulates a fine of between 3 million VND and 5 million VND for one of the following acts:

e) Failure to disburse state support funds to the elderly as prescribed.

Point c, Clause 3, Article 20, Decree 98/2026/ND-CP stipulates remedial measures as follows: Forced payment of policy regimes in accordance with regulations for violations specified in Point d, Clause 1 of this Article;.

Clause 2, Article 6 of Decree 98/2026/ND-CP stipulates: The fine level specified in Chapter II of this Decree is the fine level applied to administrative violations of individuals, except for Articles 10, 11, 14, 15, 16, 34, Clause 1, Clause 2, Article 35 and Clause 2, Article 37 of this Decree. For the same administrative violation, the fine level for organizations is twice the fine level for individuals.

Thus, the act of not paying monthly social allowances to the elderly is fined up to 5 million VND and forced to pay policies and regimes in accordance with regulations for the violation.

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