Can I receive my social insurance book if I resign in Vietnam? Is returning social insurance books done annually in Vietnam?

Is returning social insurance books done annually in Vietnam?

I want to ask, can the employee's social insurance book be returned annually or should the book be returned when they resign their job? Because I heard that the company will return the book until you resignyour job.

Reply:

According to Article 21 of the Law on Social Insurance 2014, the responsibilities of employers are as follows:

1. To make dossiers for employees to be granted social insurance books, pay social insurance premiums and enjoy social insurance.

2. To pay social insurance premiums under Article 86, and make monthly deductions from employees’ salaries under Clause 1, Article 85, of this Law for simultaneous payment to the social insurance fund.

3. To introduce employees defined at Point a, Clause 1, in Clause 2, Article 45, or in Article 55, of this Law to the Medical Assessment Council for assessment of their working capacity decrease.

4. To coordinate with social insurance agencies in paying social insurance allowances to employees.

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 labor contracts or working contracts or cease working in accordance with law.

6. To provide accurate, sufficient and prompt information and documents relating to the payment of social insurance premiums and enjoyment of social insurance at the request of competent state management agencies or social insurance agencies.

7. Every 6 months, to post up information on the payment of social insurance premiums for employees; to provide information on employees’ payment of social insurance premiums at the request of employees or trade union organizations.

8. Annually, to post up information on employees’ payment of social insurance premiums provided by social insurance agencies under Clause 7, Article 23 of this Law.

Thus, according to the above regulations in Vietnam, the returning of books and social insurance period for employees when the employee terminates the labor contract, contract or resigns the job. Failure to return social insurance books for employees every year.

In addition, in Clause 3, Article 48 of the 2019 Labor Code, it is stipulated:

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.

Can I receive my social insurance book if I resign in Vietnam?

According to current legal regulations iN Vietnam, after resigning work, can employees bring their own social insurance book to close the book without going through the company? Because I don't want to bother the company and am afraid of wasting waiting time.

Reply:

According to Clause 4, Article 21 of the Law on Social Insurance 2014, regulations on the responsibilities of employers, specifically:

4. To coordinate with social insurance agencies in paying social insurance allowances to employees.

Thus, according to the above regulations in Vietnam, when employees are not allowed to finalize the time to participate in social insurance at the enterprise, they must go through the enterprise or company where they used to work to finalize the s ocial insurance.

In addition, in Clause 3, Article 48 of the 2019 Labor Code, there are regulations on the employer's responsibilities when terminating the labor contract as follows:

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.

Will the company return the social insurance book after termination of an employment contract in Vietnam?

In case I had a conflict with my boss, I rresign without informing the company. So is my company responsible for returning my social insurance book? Looking forward to your support.

Reply:

According to 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.

In addition, in Clause 3,

Article 48 of the 2019 Labor Code, there are regulations on the employer's responsibilities when terminating the labor contract as follows:

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 returning the social insurance book belongs to the employer when the employee terminates the labor contract or resigns the job. Therefore, it does not depend on whether the employee resigns his job according to regulations or not. So your company will carry out the procedure to return the social insurance book for this employee in Vietnam.

As for obligations of the employee upon illegal unilateral termination of the employment contract, the employee is obliged to compensate the company according to regulations (Article 40 of the 2019 Labor Code).

Best regards!