Decree 176/2025/ND-CP detailing and guiding implementation of Law on Social Insurance regarding social retirement allowance

DECREE

Detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding social retirement allowance

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

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

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

At the proposal of the Minister of Health;

The Government hereby promulgates the Decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding social retirement allowance.

Article 1. Scope of regulation

This Decree details and guides the implementation regarding the persons eligible and conditions for enjoyment of social retirement allowance; the social retirement allowance levels; the order for provision of social retirement allowance; the funeral cost support; the funding and implementation of payment of social retirement allowance.

Article 2. Persons eligible and conditions for enjoyment of social retirement allowance

Persons eligible and conditions for enjoyment of social retirement allowance prescribed in Article 21 of the Law on Social Insurance, are specifically as follows:

1. A Vietnamese citizen is entitled to social retirement allowance when fully satisfying the following conditions:

a) Being aged full 75 years or older;

b) Not enjoying pension or monthly social insurance allowance, or currently enjoying pension or monthly social insurance allowance lower than monthly social retirement allowance levels prescribed in this Decree;

c) Making a written request for enjoyment of social retirement allowance.

2. Vietnamese citizens who are aged between full 70 years and under 75 years and are members of poor households or households living just above the poverty line under the Government’s regulations and fully satisfy the conditions specified at Points b and c, Clause 1 of this Article.

Article 3. Social retirement allowance levels

1. The persons specified in Article 2 of this Decree are entitled to monthly social retirement allowance at the level of VND 500,000 per month.

For persons specified in Article 2 of this Decree who are concurrently entitled to monthly social allowance, the higher allowance level shall apply.

2. Depending on socio-economic conditions and capacity of balancing budget funds and mobilizing social resources, provincial-level People’s Committees shall propose same-level People’s Councils to decide to provide additional support to social retirement allowance beneficiaries.

Article 4. The order and procedures for provision of social retirement allowance

1. The order and procedures for provision of social retirement allowance are prescribed as follows:

a) The applicant for social retirement allowance shall make a written request for enjoyment of social retirement allowance using Form No. 01 issued together with this Decree and send it either directly, via postal services, or in the cyber environment to the Chairperson of the People’s Committee of the commune, ward or special zone under the province/city where he/she resides (below collectively referred to as commune-level administrative unit);

b) Within 10 working days from the date of receipt of the written request for enjoyment of social retirement allowance, the Chairperson of the commune-level People’s Committee shall review, authenticate and standardize the applicant’s relevant information with the National Population Database, decide on and implement payment of the social retirement allowance to the applicant as prescribed by law. The period for enjoying monthly social retirement allowance shall be counted from the month in which the Chairperson of the commune-level People’s Committee signs the decision.

In cases where an applicant is ineligible for enjoying social retirement allowance, the Chairperson of the commune-level People’s Committee shall issue a written reply, clearly stating the reason.

2. In cases where a person currently enjoying social retirement allowance changes his/her place of residence and requests to receive social retirement allowance at the new place of residence (using Form No. 01 issued together with this Decree), the Chairperson of the commune-level People’s Committee of his/her former place of residence shall decide on the termination of payment of social retirement allowance, then send a document enclosed with the applicant’s relevant documents to the Chairperson of the commune-level People’s Committee of the applicant's new place of residence.

The Chairperson of the commune-level People’s Committee of the applicant's new place of residence, based on the applicant’s relevant documents, shall consider and decide on the continuation of social retirement allowance and implement payment of social retirement allowance from the month of termination of payment at the former place of residence.

3. In cases where a person currently enjoying social retirement allowance dies or is ineligible for enjoying social retirement allowance as prescribed in Article 2 of this Decree, the Chairperson of the commune-level People’s Committee shall decide on the termination of enjoyment of social retirement allowance. The period of termination of enjoyment of social retirement allowance shall be counted from the month immediately following the month in which that person dies or is ineligible for enjoying social retirement allowance.

Article 5. Funeral cost support

1. A person who is currently enjoying social retirement allowance, or an eligible person who has made a written request for enjoyment of social retirement allowance, but has not yet been issued a decision on payment of social retirement allowance by the Chairperson of the commune-level People’s Committee, shall, upon his/her death, be supported with funeral costs in accordance with Clause 2, Article 11 of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021, providing social assistance policies for social protection beneficiaries.

2. In cases where the persons specified in Clause 1 of this Article are entitled to funeral cost support under multiple documents with different support levels, they shall only be entitled to the highest one.

3. Procedures for implementing the funeral cost support

a) The organization or individual organizing the funeral for the eligible person shall make a declaration for funeral cost support using Form No. 02 issued together with this Decree and send it either directly, via postal services, or in the cyber environment to the Chairperson of the commune-level People’s Committee;

b) Within 03 working days after receiving the complete dossier, the Chairperson of the commune-level People’s Committee shall consider and decide on the funeral cost support.

Article 6. Funding and payment of social retirement allowance

1. The funding for implementation of regimes and policies on social retirement allowance shall comply with Clause 1, Article 31 of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021, providing social assistance policies for social protection beneficiaries.

2. Payment of social retirement allowance

a) The social retirement allowance regime and policies shall be paid in a full and prompt manner on a monthly basis to the eligible persons;

b) Organizations providing payment services for social retirement allowance shall be selected as prescribed by law. The organizations providing payment services must have experience in payment of social security policies, and have networks of transaction points in communes, wards and special zones; may make payment at home for a number of special subjects; ensure conditions for timely and safe payments; have personnel to assist the commune-level People’s Committee in updating the database and monitoring changes of subjects in the community;

c) The payment through an organization providing payment services shall be made into a contract between the commune-level People’s Committee and the organization providing payment services. The contract must clearly state the scope and subjects of payment, the payment method (including payment via bank accounts and electronic payment accounts as prescribed by laws, or in-cash payment), the payment period, the costs for payment, the time limit for payment, the rights and responsibilities of the parties, and other agreements related to the payment;

d) Before the 25 ^th  of every month, based on the list of beneficiaries in the locality; the following month's payments (including the back pay and funeral costs of the subjects); and the payments that have not been reimbursed in the previous months (if any), the commune-level People’s Committee shall withdraw the funding as estimated at the State Treasury and transfer it to the deposit account of the organization providing payment services, while simultaneously sending the list of the following month's payments to the organization. During the payment period, the commune-level People’s Committee shall assign its staff to supervise the payment of the organization;

dd) Monthly, the organization providing payment services shall summarize and report the list of beneficiaries who have already received money and the paid amount; the list of persons who have not yet received money and will be paid in the following month, the remaining amount not yet paid, and send documents (the lists with beneficiaries’ signatures and the bank transfer documents) to the commune-level People’s Committee before the 20 ^th  of every month for the purpose of summarizing and finalizing the funding for payment in accordance with provisions.

Article 7. Transitional provisions

1. Subjects prescribed at Points b and c, Clause 5, Article 5 of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021, providing social assistance policies for social protection beneficiaries, who are currently enjoying monthly social allowance and are eligible for the social retirement allowance, shall enjoy social retirement allowance from the effective date of this Decree.

2. Chairpersons of commune-level People’s Committees shall, based on the list and dossiers of persons currently enjoying monthly social allowance, consider and issue a decision to transition such persons to enjoyment of the social retirement allowance as prescribed in this Decree. Such persons are not required to make a written request for enjoyment of the social retirement allowance as prescribed at Point a, Clause 1, Article 4 of this Decree.

Article 8. Effect

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

2. Points b and c, Clause 5, Article 5 of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021, providing social assistance policies for social protection beneficiaries, ceases to be effective from the effective date of this Decree./.