Are people who are late in submitting dossiers to receive allowances entitled to retroactive payment from the month they reach retirement age eligible?

Legal Consulting Department of Lao Dong Newspaper answers:

Article 21 of the 2024 Law on Social Insurance stipulates the subjects and conditions for enjoying social pension benefits:

1. Vietnamese citizens are entitled to social pension benefits when they meet the following conditions:

a) From 75 years of age or older;

b) Not receiving pension or monthly social insurance allowance, except in other cases as prescribed by the Government;

c) Having a written request for social pension benefits.

2. Vietnamese citizens from 70 years old to under 75 years old who are from poor households, near-poor households and meet the conditions specified in points b and c, clause 1 of this Article are entitled to social pension benefits.

However, being old enough does not mean automatically receiving benefits from the month of age.

According to Article 4 of Decree 176/2025/ND-CP, amended and supplemented by Clause 2, Article 31, Decree 335/2026/ND-CP stipulating the order and procedures for implementing social pension benefits:

Within 7 working days from the date of receiving the subject's dossier, the Chairman of the Commune-level People's Committee where he resides shall organize the verification of relevant information of the subject with the National Population Database, National General Database, Common Specialized Database; appraise and decide on social pension benefits. The time to receive social pension benefits is from the month the Chairman of the Commune-level People's Committee signs the decision. Organize the payment of regimes and policies to the subject according to the provisions of law.

In case the subject does not meet the conditions to enjoy regimes and policies, the Chairman of the commune-level People's Committee shall respond in writing and clearly state the reason.

Thus, people who meet the above conditions are entitled to social pension benefits, and are only entitled from the month the Chairman of the Commune-level People's Committee signs the decision. Therefore, late submission of dossiers will not be retroactively refunded from the month of full age. Qualified people should soon submit dossiers to the Commune-level People's Committee where they reside for consideration and settlement.

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