Are the people entitled to receive state pension during the term of his/her prison sentence?

My father has been retired for 05 years, his pension is 3,500,000 VND / per month., In February 2020, my father injured neighbor with an injury rate of 13% due to a conflict My father was sentenced to 2 years in prison by the Court, I would like to ask during his prison duration, Will my father get pension payment or not?

FDVN’S Opinion:

FDVN Law Firm (FDVN)'d like to say thank you for trusting and sending your questions to us. After studying the legal regulations, FDVN would like to advise you as follows:

In Article 64 of Law on Social insurance 2014, cases suspend enjoying of pension are:

a) They illegally leave the country;

b) They are declared missing by the court;

c) There are grounds to confirm that their enjoyment of social insurance is illegal.

With this provision, your father is not in the case of suspending from enjoying such pension.

However, if there is a civil dispute and your father has responsibility for compensating the victim's family but your family does not fulfill the obligations under the Court's judgment, your father's income will be subtracted by the civil judgment enforcement agencies (pension and other lawful incomes) with a deduction not exceeding 30% of income pursuant to Article 78 of Law on enforcement of civil judgments as follow:

“1. Incomes of judgment debtors include salary, remunerations, pension, working capacity loss allowance and other lawful incomes.

2. Subtraction from incomes of judgment debtors shall be made in the following cases:

a/ Under involved parties’ agreement;

b/ Under judgments or rulings which require such subtraction;

c/ Enforcement of judgments on alimony, periodical judgment enforcement, sums of money to be collected in judgment enforcement being small or other assets of judgment debtors being insufficient for judgment enforcement.

3. Enforcers shall issue decisions on subtraction of incomes of judgment debtors. The highest level of subtraction of salary, remuneration, pension and working capacity loss allowance is 30% of total monthly earned income, unless otherwise agreed by involved parties. For other incomes, the subtraction level shall be based on actually earned income amounts of judgment debtors, but must ensure the minimum living standard of these persons and their dependants under law.

4. Agencies, organizations, employers, social insurance agencies where judgment debtors receive their salaries, remunerations, pensions, allowances and other lawful incomes shall comply with the provisions of Clauses 2 and 3 of this Article.”

Ha Thi Hien

FDVN Law Firm

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