If there is no decision to resign, can I close my social insurance book in Vietnam? Can company close social insurance books without paying full month in Vietnam?
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If there is no decision to resign, can I close my social insurance book in Vietnam? Can company close social insurance books without paying full month in Vietnam?
Can company close social insurance books without paying full month in Vietnam?
I have a case where an employee has been unilaterally terminated the contract for more than 1 month, but now the company pays social insurance for the month that he/she takes leave. So can he/she close the book when the company owes his/her 1 month social insurance?
Reply:
According to Clause 72, Article 1 of Decision 505/QD-BHXH in 2020, there are regulations on representation and confirmation of the SI, HI, UI and OADI contribution period in an SI booklet
1.2. As regards a unit in arrears on insurance contributions, if an employee is eligible to receive SI benefits or terminates the labor or employment contract, the unit shall pay insurance contributions in full, including late payment interest, in accordance with regulations, and the social security agency shall confirm his/her SI booklet to promptly pay SI and UI benefits to him/her.
If the unit has not yet paid in full, confirmation of the SI booklet till the date of payment of insurance contributions shall be given. After successfully recovering insurance contributions in arrears, the additional confirmation shall be given on the SI booklet.
And in Clause 5, Article 21 of the Law on Social Insurance 2014, to coordinate with social insurance agencies in returning social insurance books to and certifying periods of social insurance premium payment for employees who terminate labor contracts or working contracts or cease working in accordance with law.
Thus, in this case, your business can still close the social insurance books for employees until the time of payment. After recovering the amount owed by the unit, it will be additionally confirmed on the social insurance book in Vietnam.
However, for the most convenience, the enterprise should pay the unpaid amount of social insurance to the employee and then proceed to close the social insurance book in Vietnam.
What should employees do if the company does not close the book for employees to enjoy maternity benefits in Vietnam?
I continuously paid social insurance for several years before taking maternity leave. When I was on maternity leave, I quit my job, but until now I have not been able to submit the application because the company has not closed and returned the insurance book to me. Now what can I do to get maternity leave?
Reply:
According to the provisions of Clause 1, Article 102 of the Law on Social Insurance 2014, settlement of the sickness and maternity benefits as follows:
1. Within 45 days after return to work, an employee shall submit the dossier specified in Clause 1 or 2, Article 100, or Clause 1, 2, 3 or 4, Article 101, of this Law to his/her employer.
An employee who ceases working before the time of childbirth or child adoption shall submit the dossier specified in Clause 1 or 3, Article 101 of this Law and produce his/her social insurance book to the social insurance agency.
In case the company is late in closing the insurance book for you, leading to the fact that you do not have an insurance book to submit the application for settlement of maternity benefits to the social insurance agency in accordance with the law in Vietnam, you should contact the company and ask the company to quickly fulfill its obligation to close and return the insurance book to you in accordance with the law after terminating the labor contract.
In case the settlement is not resolved or the settlement is not satisfactory, your father has right to complain to the Chief Inspector of the Department of Labor, War Invalids and Social Affairs to protect his legitimate rights and interests.
After the company closes and returns the insurance book to you, you can submit the application for maternity benefits as prescribed to the social insurance agency at your place of residence in Vietnam.
If there is no decision to resign, can I close my social insurance book in Vietnam?
I'm unilaterally terminate the contract so I don't have a decision to resign or anything else from the company, but I'm currently keeping my social insurance book and haven't closed it yet. Can I close the social insurance book by myself and enjoy the lump-sum benefit (16 years)? If yes, what documents are needed?
Reply:
According to the provisions of Clause 5, Article 21 of the Law on Social Insurance 2014, to coordinate with social insurance agencies in returning social insurance books to and certifying periods of social insurance premium payment for employees who terminate labor contracts or working contracts or cease working in accordance with law.
And in Article 48 of the Labor Code 2019, responsibilities of the parties upon termination of an employment contract are as follows:
1. Within 14 working days following the termination of an employment contract, both parties shall settle all payments in respect of the rights and interests of each party. In the following cases, such period may be extended, but shall not exceed 30 days:
a) Shutdown of business operation of the employer that is not a natural person;
b) Changes in the organizational structure, technology or changes due to economic reasons;
c) Full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative;
d) Natural disasters, fire, hostility or major epidemics.
2. Priority shall be given to payment of the employees’ salaries, social insurance, health insurance, unemployment insurance, severance allowance and other benefits under the collective bargaining agreement and employment contracts in case of shutdown, dissolution or bankruptcy of an enterprise or cooperative.
3. The employer has the responsibility to:
a) Complete the procedures for verification of duration of participation in social insurance and unemployment insurance, return them and original copies of the employee’s other documents (if any);
b) Provide copies of the documents relevant to the employee’s work if requested by the employee. The employer shall pay the cost of copying and sending the documents.
Thus, the responsibility for closing the social insurance book belongs to the employer, not the employee. Therefore, you cannot close the social insurance book yourself. You need to contact your old company to carry out this procedure for you in Vietnam.
Regarding the procedure for closing the social insurance book:
- The company will carry out the procedures for reporting reduction of labor (preparing documents such as the list of employees participating in social insurance according to form D02 - TS; information list according to form D01 - TS)
- After the company reports the successful reduction of labor and fulfills the obligations of paying social insurance, health insurance and unemployment insurance premiums to the insurance agency, the procedure can be carried out to close the book and return the book to you.
According to the delivery note 620/…/SO, the documents to be prepared include:
+ Social insurance book or social insurance book and separate pages or cover sheet of social insurance book and separate pages (original).
+ Declaration of participation and adjustment of social insurance information (Form TK1-TS, 01 copy/person)
+ Decision on unemployment benefits or decision on termination of unemployment benefits (if any).
Thus, the procedure for closing the social insurance book will be done by the company, you cannot close the social insurance book by yourself and the dossier for closing the social insurance book does not need a decision to resign in Vietnam.
Best regards!