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Who are receiving monthly pension that must abide by imprisonment shall continue to be entitled to pensions?

Question

Who are receiving monthly pension that must abide by imprisonment shall continue to be entitled to pensions?

Answer

Under the provisions of paragraph 1 of Article 62 Law on Social Insurance: "Employees are entitled to pensions, social insurance benefits paused monthly pension, social insurance benefits every month while serving a prison term but not placed on probation ".

According to paragraph 2 of Article 33 of Decree No. 152/2006 / ND-CP: "Pensions and allowances monthly social insurance is when people continue to be sentenced completed execution of imprisonment".

Thus, after having served imprisonment, he will continue to be entitled to a monthly pension under the provisions of law. To continue enjoying retirement, he or she must apply for social insurance organizations, including records (paragraph 2 of Article 127 of the Law on Social Insurance):

A copy of the certificate of completed execution of imprisonment;
An application to enjoy social insurance.
Within thirty (30) days of receipt of a valid application, social insurance institutions are responsible for resolving (Clause 2, Article 128 of the Law on Social Insurance).

author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

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