The company owes Social Insurance in Vietnam, how to close it?

Ms. Kim Thi Thu Huong (Ho Chi Minh City, Vietnam) paid social insurance premiums at the company for 3 months and then quit her job. But the company has only paid her social insurance in Vietnam for 2 months, so she has not been able to close the social insurance book in Vietnam and the company has not returned the social insurance book in Vietnam.

Employees may propose violations by the company to the union or social insurance agency in Vietnam or the State management agency on labor to protect their rights

The insurance paid by the employee, Mrs. Huong, is fully paid from her salary, but the company does not pay the social insurance agency in Vietnam. Ms. Huong has worked in another company and is fully insured in Vietnam. Mrs. Huong asked, how does she get the old company to close the Social Insurance book in Vietnam for her?

In this regard,  Vietnam Social Insurance replied as follows:

Pursuant to the provisions of Article 17, Clause 2, Article 18; Clause 2, Clause 5, Article 21 of the Law on Social Insurance of 2014; Clause 3, Article 18 of the Government's Decree No. 115/2015/ND-CP of November 11, 2015 detailing a number of articles of the Law on Social Insurance on compulsory social insurance, the act of escaping from paying, late paying or appropriating social insurance premiums in Vietnam is a violation of law; the right of employees to be granted and managed social insurance books in Vietnam; employers are responsible for paying social insurance premiums in Vietnam and monthly deductible from employees' salaries in accordance with the law to pay into the social insurance fund in Vietnam at the same time; employers are responsible for paying full social insurance premiums in Vietnam, accident insurance, including interest for late payment in accordance with regulations For employees who are eligible for social insurance in Vietnam or terminate the labor contract or working contract to promptly settle the social insurance regime in Vietnam, accident insurance for employees.

Comparing the above-mentioned regulations, the company still deducts salary from the compulsory social insurance contribution of employees in Vietnam, but does not contribute to the Social Insurance Fund in Vietnam and does not pay social insurance books in Vietnam for her is a violation of the law on social insurance in Vietnam.

Ms. Huong is requested to reflect and propose violations of the law on social insurance contribution in Vietnam of the company with the union of companies or the social insurance agency in Vietnam or the State management agency in labor where the company operates to request the company to overcome consequences (full payment of the amount owed, late payment of social insurance in Vietnam and submit the dossier of request for confirmation of the period of social insurance contribution in Vietnam) to protect the benefits of social insurance in Vietnam for her in accordance with the law.

Chinhphu.vn

Source: Government Gazette

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