Can employees close social insurance books on their own when they resign in Vietnam? Can I close my social insurance book if I'm fired in Vietnam?

How long does company have to close social insurance books for employees in Vietnam?

Question: According to current law, how long does it take for employees to close social insurance participation time after resigning?

Answer: In Clause 3, Article 48 of the 2019 Labor Code, there are regulations on responsibilities of the parties upon termination of an employment contract:

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, according to the above regulations in Vietnam, the law does not stipulate how long the company must close the employee's social insurance participation period. The Law only stipulates that it is the company's responsibility.

How long does it take to close the social insurance book after resigning in Vietnam?

It's been a month since I resign my job. When I went to the company to ask if HR had closed the book for me, HR said it was still being handled. I'm still waiting but no reply, what should I do?

Answer: According to Clause 3, Article 48 of the 2019 Labor Code, there are regulations on responsibilities of the parties upon termination of an employment contract:

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, based on the above regulations in Vietnam, the company will be responsible for confirming the time of payment of social insurance and unemployment insurance for you. However, currently there is no specific regulation on the maximum time the company must close the books for employees. In fact, the time to close the social insurance book is about 1 month after terminating the employment contract.

If your case has not been closed after 1 month, you can complain to the Director of the company or the Department of Labor, War Invalids and Social Affairs of the district where the company is headquartered for resolution.

How long does company have to close social insurance books for employees in Vietnam? How long does it take to close the social insurance book after resigning in Vietnam? (Image from the Internet)

Can employees close social insurance books on their own when they resign in Vietnam?

I plan to resign my job next month because the job is not suitable. I wonder if I can go to the social insurance agency myself to close the social insurance book?

Answer: Pursuant to Point a, Clause 3, Article 48 of the 2019 Labor Code, there are regulations on responsibilities of the parties upon termination of an employment contract:

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);

And Clause 5, Article 21 of the 2014 Law on Social Insurance stipulates responsibilities of employers as follows:

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.

=> From the above bases, it can be seen that the responsibility for closing the social insurance book belongs to the employer. Therefore, you cannot close the social insurance book yourself.

Can I close my social insurance book if I'm fired in Vietnam? 

My friend who worked at the company gambled for money and the company discovered it so he was fired. Regarding discipline towards my friend, you are right. But then will my friend be able to close the social insurance book?

Answer: According to Clause 8, Article 34 of the 2019 Labor Code, the employee is dismissed for disciplinary reasons is one of the cases of termination of the labor contract.

And in Article 48 of the 2019 Labor Code, responsibilities of the parties upon termination of an employment contract must be 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, dismissal is a case of termination of the labor contract. Therefore, the employer will still be responsible for completing the procedure to confirm the time of payment of social insurance and unemployment insurance for her friend. Therefore, her friend still has her social insurance book closed by the company in Vietnam.

Best regards!