Will I get my social insurance book if I unilaterally terminate my employment contract in Vietnam?

Will I get my social insurance book if I unilaterally terminate my employment contract in Vietnam?

Article 48 of the 2019 Labor Code stipulates responsibilities of the parties upon termination of an employment contract as follows:

Responsibilities of the parties upon termination of an employment contract

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:

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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.

Clause 5, Article 21 of the 2014 Law on Social Insurance stipulates responsibilities of employers 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 labor contracts or working contracts or cease working in accordance with law.

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Thus, upon termination of an employment contract, the employer is responsible for completing procedures to confirm the period of payment of social insurance and unemployment insurance for the employee in Vietnam.

In addition, they must also return the original documents they have kept and coordinate with the social insurance agency to return the social insurance book to the employee.

Therefore, upon termination of an employment contract, regardless of the reason for termination (including cases where the employee unilaterally terminates an employment contract), the employee still has right to get his/her social insurance book back. 

Will I get my social insurance book if I unilaterally terminate my employment contract in Vietnam? (Image from the Internet)

How many days in advance must an employee who unilaterally terminate the employment contract notify in Vietnam?

Article 35 of the 2019 Labor Code stipulates the right of an employee to unilaterally terminates the employment contract as follows:

The right of an employee to unilaterally terminates the employment contract

1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:

a) at least 45 days in case of an indefinite-term employment contract;

b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;

d) The notice period in certain fields and jobs shall be specified by the government.

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Thus, the employee has right to unilaterally terminate the employment contract and must notify the employer in advance as follows:

- At least 45 days if working under an indefinite-term employment contract;

- At least 30 days if working under a fixed-term employment contract with a term from 12 months to 36 months;

- At least 03 working days if working under a fixed-term employment contract with a term of less than 12 months;

- For some specific industries, professions, and jobs, the notice period is implemented according to the Government's regulations.

What are 07 cases where an employee has right to unilaterally terminate the employment contract without prior notice in Vietnam?

In Clause 2, Article 35 of the 2019 Labor Code, there are 07 cases where employees have right to unilaterally terminate the employment contract without prior notice, including:

(1) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;

(2) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

(3) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

(4) is sexually harassed in the workplace;

(5) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

(6) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

(7) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.

Best regards!