Decree No. 176/2025/NĐ-CP guides the Social Insurance Law on social retirement benefits

 

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE SOCIAL INSURANCE LAW REGARDING SOCIAL RETIREMENT BENEFITS

 SOCIAL RETIREMENT BENEFITS

Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Social Insurance Law on June 29, 2024;

Pursuant to the Law on the Elderly dated November 23, 2009;

At the proposal of the Minister of Health;

The Government promulgates this Decree detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding social retirement benefits.

Article 1. Scope of Regulation

 This Decree details and guides the implementation concerning the subjects and conditions for receiving social retirement benefits; the level of social retirement benefits; the procedures for implementing social retirement benefits; funeral expense support; funding and implementation of payment of social retirement benefits.

Article 2. Subjects and Conditions for Receiving Social Retirement Benefits

 The subjects and conditions for receiving social retirement benefits as prescribed in Article 21 of the Social Insurance Law are specified as follows:

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

a) At least 75 years old;

b) Not receiving a pension or monthly social insurance benefit; or currently receiving a pension or monthly social insurance benefit lower than the level of social retirement benefit stipulated in this Decree;

c) Having a written request for social retirement benefits.

2. Vietnamese citizens aged at least 70 but under 75 years old who belong to poor households or near-poor households as defined by the Government and meet the conditions set forth in points b and c of Clause 1 of this Article.

Article 3. Level of Social Retirement Benefits

1. The subjects as prescribed in Article 2 of this Decree shall receive a monthly social retirement benefit of VND 500,000.

In cases where the subjects as prescribed in Article 2 of this Decree also qualify for monthly social assistance benefits, they shall be entitled to a higher benefit scheme.

2. Depending on economic and social conditions, budget balancing capacity, and mobilization of social resources, the People's Committee of the province shall submit to the Provincial People's Council for decision to provide additional support to those receiving social retirement benefits.

Article 4. Procedures and Formalities for Implementing Social Retirement Benefits

1. The procedures and formalities for implementing social retirement benefits are as follows:

a) The person requesting social retirement benefits shall submit a written application for social retirement benefits according to Model No. 01 issued together with this Decree directly or through postal services or online to the Chairman of the People's Committee of the commune, ward, or town under the province or city where they reside (hereinafter referred to as the commune level);

b) Within ten working days from the date of receipt of the written application for social retirement benefits, the Chairman of the People's Committee at the commune level shall organize the examination, verification, and standardization of information related to the applicant with the national population database, decide and implement the payment of social retirement benefits to the applicant in accordance with the law. The period of entitlement to monthly social retirement benefits starts from the month the Chairman of the People's Committee at the commune level signs the decision;

If the applicant does not meet the conditions for receiving social retirement benefits, the Chairman of the People's Committee at the commune level shall reply in writing, stating the reasons.

2. In cases where the subject currently receiving social retirement benefits changes their place of residence and requests to continue receiving social retirement benefits at the new place of residence (according to Model No. 01 issued together with this Decree), the Chairman of the People's Committee at the previous place of residence shall decide to stop the payment of social retirement benefits in that area and send a written notice along with relevant documents of the applicant to the Chairman of the People's Committee at the new place of residence.

The Chairman of the People's Committee at the new place of residence shall base on the relevant documents of the applicant, examine and decide to continue providing social retirement benefits and implement the payment of social retirement benefits from the month following the cessation of payment at the previous place of residence.

3. In cases where the subject currently receiving social retirement benefits dies or no longer meets the conditions for receiving social retirement benefits as stipulated in Article 2 of this Decree, the Chairman of the People's Committee at the commune level shall decide to terminate the receipt of social retirement benefits. The termination of receipt of social retirement benefits shall take effect from the month immediately following the month in which the subject died or no longer met the conditions for receiving social retirement benefits.

Article 5. Funeral Expense Support

1. Persons currently receiving social pension benefits or those who have submitted a request for social pension benefits but have not yet received a decision from the Chairman of the People's Committee at the commune level due to meeting the conditions for such benefits upon death shall be supported with funeral expenses according to the level specified in Clause 2, Article 11 of Decree No. 20/2021/NĐ-CP dated March 15, 2021 of the Government on social assistance policies for beneficiaries.

2. In cases where the subjects specified in Clause 1 of this Article are entitled to funeral expense support, if the funeral expenses stipulated in different documents vary at different levels, they shall only enjoy the highest level.

3. Procedures for Funeral Expense Support

a) Organizations or individuals arranging funerals for the subjects must submit a Funeral Expense Support Application Form No. 02 issued together with this Decree directly, through postal services, or via the internet to the Chairman of the People's Committee at the commune level;

b) Within three working days from the date of receipt of complete files, the Chairman of the People's Committee at the commune level shall examine and decide on the provision of funeral expense support.

Article 6. Funding and Payment of Social Pension Benefits

1. The funding for implementing the social pension benefit system shall be carried out in accordance with Clause 1, Article 31 of Decree No. 20/2021/NĐ-CP dated March 15, 2021 of the Government on social assistance policies for beneficiaries.

2. Implementation of Payment of Social Pension Benefits

a) The social pension benefit system shall be paid fully and promptly every month, to the correct recipients;

b) The selection of service organizations for payment of social pension benefits shall be conducted in accordance with the law. The organization implementing payments must ensure experience in disbursing social welfare policies, have a network of transaction points at communes, wards, and special administrative zones; be able to make payments at home for certain special groups; ensure timely and secure payment conditions; provide human resources to assist the People's Committee at the commune level in updating databases and monitoring changes in the community;

c) Payments made through service organizations shall be formalized in a contract between the People's Committee at the commune level and the service organization. The contract shall clearly specify the scope, recipients, payment methods (including bank account transfers, electronic payment accounts regulated by law, or direct cash payments), payment time, payment costs, payment deadlines, rights and responsibilities of both parties, and other relevant agreements related to payment;

d) Before the 25th of each month, the People's Committee at the commune level shall base on the list of beneficiaries in their area; the amount of funds to be paid the following month (including back payments and funeral expenses of the beneficiaries); remaining funds from previous months (if any) to withdraw the budget from the State Treasury and transfer it into the account of the service organization, while transferring the payment list for the next month's beneficiaries to the service organization. During the payment period, the People's Committee at the commune level shall assign personnel to supervise the payment process of the implementing organization;

đ) Each month, the service organization shall compile and report the list of beneficiaries who have received money, the amount paid; the list of beneficiaries who have not yet received money for payment in the following month, remaining funds not yet paid, and transfer supporting documents (signed receipt lists, bank transfer documents) to the People's Committee at the commune level before the 20th of each month for final settlement of payment expenses in accordance with regulations.

Article 7. Transitional Provisions

1. Subjects specified in Points b and c, Clause 5, Article 5 of Decree No. 20/2021/NĐ-CP dated March 15, 2021 of the Government on social assistance policies for beneficiaries who are currently receiving monthly social benefits and meet the conditions for social pension benefits shall be transferred to receive social pension benefits from the effective date of this Decree,

2. The Chairman of the People's Committee at the commune level shall base on the list and file of subjects currently receiving monthly social benefits to consider and decide to transfer them to receive social pension benefits in accordance with this Decree. These subjects do not need to submit a request for social pension benefits as stipulated in Point a, Clause 1, Article 4 of this Decree.

Article 8. Effective Date

1. This Decree takes effect from July 1, 2025.

2. Points b and c, Clause 5, Article 5 of Decree No. 20/2021/NĐ-CP dated March 15, 2021 of the Government on social assistance policies for beneficiaries shall cease to be effective from the date this Decree takes effect./.

 

ANNEX

(Attached to Decree No. 176/2025/NĐ-CP dated June 30, 2025 of the Government)

 

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

REQUEST FOR SOCIAL PENSION BENEFITS

To: Chairman of the People's Committee of Commune (Ward, Special Administrative Zone) ...

After reviewing the regulations on social pension benefits, I hereby request:

□ Request for social pension benefits

□ Request to receive social pension benefits at the new place of residence

□ Request to change information of the person currently receiving social pension benefits

I. Information of the Person Requesting Social Pension Benefits

1. Surname, middle name, given name (Write in capital letters): ..........................................................................

2. Date of birth: ... Gender: ... Ethnicity: ...

3. Citizen ID card number or personal identification number ...

4. Place of residence: ...

5. Contact address:...

6. Current benefits or policies being received (if applicable):

□ Pension

(Amount ... VND/month. Received from month .../...) □ Social Insurance Allowance

□ Social Assistance □ Social Insurance Allowance

□ Preferential Allowance for Those Contributing to the Revolution □ Social Insurance Allowance

□ Other Allowances and Subsidies □ Social Insurance Allowance

8. Household status □ Social Insurance Allowance

□ Poor household       □ Near-poor household            □ Not a poor or near-poor household

9. Place requesting to receive social pension benefits: ...

10. Bank Account

- Account Name: ...

- Account Number: ...Bank: ...

11. Change of residence information, change of information of the person currently receiving social pension benefits:

- New place of residence (

Specify in detail- Change of information (): .......................................................................................

II. Information of Guardian or Authorized Representative (if applicable)- Change of information (): ..................................................................................

1. Surname, middle name, given name: ...

2. Date of birth: ...

3. Citizen ID card number or personal identification number: ...

4. Contact address: ...

5. Phone number: ...

5. Telephone number: …

6. Relationship with the person applying for social pension benefits:

I hereby certify that the declarations above are true, and if there is anything declared incorrectly, I will bear full responsibility.

 

Remarks:

(1) If the document is sent electronically, the applicant does not need to sign.

 

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR FUNERAL COST SUPPORT

To: Chairman of the People's Committee of Commune (Ward, Special Administrative Zone) ...

1. Information of the applicant (declarant):

Surname, middle name, given name: ...

Place of residence: …

Identity card number or personal identification number: ...

Relationship with the deceased: ...

Content of the request: ...

2. Information of the deceased for whom funeral arrangements are made:

Surname, middle name, given name: ...

Date of Birth: ...

Gender: ...Ethnicity: ...Nationality: ...

Place of residence: …

Identity card number or personal identification number: ...

Died at: ...hours ...minutes, on ...day ...month ...year ...

Place of death: ...

Cause of death: ...

Death certificate number/Substitute death certificate number: ...issued by: ...

...issued on ...day ...month ...year...

3. Person or organization arranging funeral receiving funeral cost support:

3.1. In case of an individual or close relative organizing the funeral:

Full name: …

Date of birth: ...Male/Female: ...

Identity card number or personal identification number: ...

Place of residence: …

Relationship with the deceased: ...

Contact phone number: ...

3.2. In case of an agency or organization organizing the funeral:

Name of organization: ...

Address: …

Legal representative: ...Position: ...

Contact phone number: ...

4. Method of receiving funeral cost support:

□ Bank account:

Account holder's name: ...

Account number: ...

Bank: ...

□ Cash

I certify that the contents declared above are true and I will be responsible under the law for the declaration contents.

 

Note:

(1) If the Application Form is sent electronically, the applicant does not need to sign.