Is it possible to use someone else’s social insurance book to withdraw their money?

Legal situation:

Currently, my Social Insurance Book is kept by my younger sister. So, I would like to ask whether she can voluntarily withdraw the amount of lump-sum social insurance allowance money without my consent or not? 

Answer:

1. According to Clause 1 Article 60 of Law on Social Insurance 2014, when requesting, employees will be received a lump-sum social insurance allowance if falling into one of the following cases: 

- They have reached the retirement age specified in Clause 1, 2 or 4, Article 54 of Law on Social Insurance 2014 but have paid social insurance premiums for under full 20 years, or the age specified in Clause 3, Article 54 of Law on Social Insurance 2014 but have paid social insurance premiums for under full 15 years and do not continue paying voluntary social insurance premiums;

- They settle abroad; 

- They get a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, or HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health; 

- Employees defined at Point dd and e, Clause 1, Article 2 of Law on Social Insurance 2014 who are demobilized or cease working without being eligible for pension. 

In addition, according to Decision No. 222/QD-BHXH dated February 25th, 2021, which provides the order and procedures for receiving social insurance allowances, the applicants are the persons who are entitled to a lump-sum social insurance allowance or are authorized. The authorized persons must submit the Power of Attorney according to the set form or the authorization contract to the Social Insurance agency or the post office where the payment is made; provide an ID card or other identity papers containing photos; receive money and sign to receive money on Paying List or Receipt.

Accordingly, if your younger sister wants to receive your lump-sum social insurance allowances, she must provide a document to show that she is authorized by you. The younger sister can not voluntarily withdraw your lump-sum social insurance allowances without your authorization.

2. An application to receive the lump-sum social insurance allowances

The application is stipulated in Article 6 of Decision No. 166/QD-BHXH, depending on each case, some additional documents will be required. However, there must be two types of documents as follows:

• Social Insurance Book;
• Application according to form.

Besides, because you have authorized another person to submit the application, you need to provide some additional documents as follows:

• Power Of Attorney according to form or notarized authorization contract;
•  Family Registry or your temporary residence card (a certified copy);
• Your ID card (a certified copy);
• Authorized person’s ID card (original).

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyễn Thị Lan Anh – FDVN Law Firm

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