Can employees in Vietnam complain when the enterprise does not close the social insurance book?
In case of enterprises in arrears on insurance contributions, can employees close social insurance books in Vietnam?
According to the provisions of Article 46 Procedures for collection of social insurance contributions and premiums of health insurance, unemployment insurance, occupational accident and occupational disease insurance; management of social insurance books and health insurance cards issued together with Decision No. 595/QD-BHXH as amended and supplemented by Clause 72, Article 1 of Decision No. 505/QD-BHXH in 2020 as follows:
Contents of social insurance books and combined social insurance books in Vietnam
Contents of a social insurance book and the combined social insurance book held by a person possessing at least 2 social insurance books shall be managed under Article 33b.
1. Representation and confirmation of the social insurance, HI, unemployment insurance and OADI contribution period in a social insurance book
1.1. Contents of a social insurance book must be adequate in each corresponding stage in proportion to the contribution amount and working conditions of the social insurance, HI, unemployment insurance and OADI participant (even when he/she does not work and receive wages for at least 14 working days in a month due to his/her leave for enjoyment of sickness, maternity or paternity insurance benefits; his/her non-paid leave; temporary suspension of his/her labor contract).
1.2. As regards a unit in arrears on insurance contributions, if an employee is eligible to receive social insurance 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 social insurance book to promptly pay social insurance and unemployment insurance benefits to him/her.
If the unit has not yet paid in full, confirmation of the social insurance book 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 social insurance book.
Thus, according to the above regulations, as regards the enterprise in arrears on insurance contributions, confirmation of the social insurance book 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 social insurance book.
Can employees close the social insurance book when the enterprise goes bankrupt?
According to Clause 5, Article 21 of the 2014 Law on Social Insurance in Vietnam, the responsibilities of employers are as follows:
Responsibilities of employers
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5. To coordinate with social insurance agencies in returning social insurance books to and certifying periods of social insurance premium payment for employees who terminate employment contracts or working contracts or cease working in accordance with law.
Thus, enterprises must actively coordinate with social insurance agencies to return social insurance books to employees.
According to Point a, Clause 3, Article 48 of the 2019 Labor Code of Vietnam, the employer has the responsibility to 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 upon termination of the employment contract.
Therefore, the employer is responsible for closing the social insurance book for the employee before completing the bankruptcy procedures.
Can employees in Vietnam complain when the enterprise does not close the social insurance book? (Image from the Internet)
Can employees in Vietnam complain when the enterprise does not close the social insurance book?
Clause 1, Article 118 of the 2014 Law on Social Insurance in Vietnam provides for complaints about social insurance as follows:
Complaints about social insurance
1. Employees, persons on pension or monthly social insurance allowance, persons having their period of social insurance premium payment reserved and other persons may request competent agencies, organizations or persons to review the latter’s decisions or acts when they have grounds to believe that such decisions or acts violate the law on social insurance and infringe their lawful rights and interests.
Thus, in case the enterprise does not close the social insurance book, the employee may request competent agencies, organizations or persons to review the latter’s decisions or acts when they have grounds to believe that such decisions or acts violate the law on social insurance and infringe their lawful rights and interests.
The order of settlement of complaints about social insurance is specified in Article 119 of the 2014 Law on Social Insurance in Vietnam as follows:
- Complaints about social insurance-related administrative decisions or acts shall be settled in accordance with the law on complaints.
- For complaints about social insurance-related decisions or acts not specified in Clause 1 Article 119 of the 2014 Law on Social Insurance in Vietnam, complainants may choose either of the following:
+ Lodging first-time complaints with the agencies or persons that have issued these decisions or committed these acts; in case these agencies or persons no longer exist, district-level state management agencies in charge of labor shall settle the complaint;
+ Initiating lawsuits at a court in accordance with law.
- In case complainants defined at Point a, Clause 2 Article 119 of the 2014 Law on Social Insurance in Vietnam disagree with the first-time complaint settlement decisions, or when the prescribed time limit expires but the complaints have not yet been settled, they may initiate lawsuits at a court or lodge complaints with provincial-level state management agencies in charge of labor.
In case complainants disagree with the complaint settlement decisions of provincial-level state management agencies in charge of labor, or when the prescribed time limit expires but the complaints have not yet been settled, the complainants may initiate lawsuits at a court.
- The statute of limitations for lodging complaints and the time limit for settling complaints must comply with the law on complaints.
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