4 basic points about social insurance books that employees in Vietnam must know

4 basic points about social insurance books that employees in Vietnam must know (Illustrative Image)

1. Lookup full information online

Currently, there is an official portal of Vietnam Social Security: https://baohiemxahoi.gov.vn/tracuu/Pages/tra-cuu-ho-gia-dinh.aspx

All employees can easily access to check all the information on their Social Insurance Book, including: social insurance number, full name, identity card, date of birth, address, etc.

2. Reissuing of social insurance book in case of loss, consolidation, or personal information change in Vietnam

According to Clause 2 Article 46 Decision 595/QD-BHXH issued by Vietnam Social Security detailing the collection process of social insurance, health insurance, unemployment insurance, labor accident – occupational disease insurance; management of social insurance books, health insurance cards, it is stipulated that employees can request for reissue of the social insurance book under the following circumstances:

- Loss, damage;- Book consolidation;- Change in book number; full name, middle name; date of birth;- Individual who has received social insurance lump-sum but still has unemployment insurance contribution period not yet availed.

Furthermore, Article 27 of Decision 595/QD-BHXH amended and supplemented by Decision 505/QD-BHXH of 2020 specifies the reissuance dossier components as follows:

- Reissuance due to loss, damage: Application for social insurance, health insurance enrollment, or information adjustment (Form TK1-TS).

- Consolidation of social insurance books:

- Application for social insurance, health insurance enrollment or information adjustment (Form TK1-TS).- The social insurance books to be consolidated (if available).

- Reissuance due to change in full name, middle name; date of birth; gender, ethnicity; nationality; adjustment of previously recorded content on the social insurance book:

+ For the participant:

- Application for social insurance, health insurance enrollment or information adjustment (Form TK1-TS).- In case of workplace change: Official decision/document proving the change of workplace.- In case of changing name, middle name; date of birth; gender, ethnicity; nationality: Birth certificate or birth extract issued by a competent civil authority and identity card/national ID card/passport. If the individual is a party member, it must follow the guidance of the competent authority.

+ For the unit: Information list (Form D01-TS).

Note: The applicant must submit one set of dossier to the Social Insurance Agency. The processing time for the dossier is not more than 10 days from the date of receiving a complete dossier as per regulation. If verification of social insurance contribution time in another province or at multiple working units is required, the time should not exceed 45 days, with written notification to the employee.

3. Employees in Vietnam cannot finalize their social insurance books by themselves

According to Clause 3 Article 48 Labor Code 2019 (effective from January 01, 2021) stipulates that upon contract termination, the employer is responsible for completing procedures for confirmation of social insurance, unemployment insurance contribution time and returning accompanying original documents if held by the employer.

Additionally, Clause 5 Article 21 Social Insurance Law stipulates that employers must cooperate with the social insurance agency to return the social insurance book to the employee and confirm the social insurance contribution time when the employee terminates the labor contract, work contract, or quits work according to law.

finalizing the social insurance book is the duty of the employer and the social insurance agency, employees cannot finalize their own social insurance books.

Moreover, Article 23 of Decision 595/QD-BHXH requires the enterprise to prepare and complete the dossier for finalizing the social insurance book and submit it directly to the social insurance agency or submit online through the electronic transaction portal of Vietnam Social Security. The dossier components include:

- Application for social insurance, health insurance enrollment or information adjustment (Form TK1-TS);- Application form for unit enrollment or information adjustment for social insurance (Form TK3-TS);- List of employees participating in social insurance (Form D02-TS);- Information list (Form D01-TS);- Social insurance book (old book form, 01 book/person) or social insurance book cover (new book form, 01 page) of the employee;- Official dispatch for book finalization from the unit (Form D01b-TS).

Note: Clause 1 Article 48 Labor Code 2019 stipulates that within 14 working days from the date of contract termination, the employer is responsible for finalizing the social insurance book and returning it to the employee. In special cases, the period can be extended but not beyond 30 days.

4. Continual participation in social insurance is possible when the old company has not returned the book in Vietnam

According to Clause 3 Article 48 of the Labor Code 2019 which states that upon contract termination, the employer is responsible for completing procedures for confirmation of social insurance, unemployment insurance contribution time and returning accompanying original documents to the employee. However, a common situation is that many employers, upon contract termination, do not finalize and return the social insurance book to the employee due to objective or subjective reasons (avoiding social insurance contributions for the employee, etc.).

In this case, the employee can contact the District Labour, Invalids and Social Affairs Office where the employer's headquarters is located or the Department of Labour, Invalids and Social Affairs to request the social insurance book finalization and return.

Note: During this period, the employee only needs to inform the new employer of their social insurance book number to continue participating in social insurance as usual without needing to finalize the book at the old unit.

Le Vy

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