How is an employee handled for social insurance policies when there are no original records indicating their working period before January 01, 1995? This is the question that was received by LawNet from Ho Cam V** on November 02, 2020.
Article table of contents
If the original documents are no longer available, how will employees be eligible for social insurance benefits? (Illustration)
Regarding this issue, it is necessary to refer to the latest Official Dispatch from the Ministry of Labor, Invalids, and Social Affairs, specifically Official Dispatch 3595/LD-CP-BHXH on the instructions for calculating the working duration for employees who no longer have original documents evidencing work time before January 1, 1995, issued on September 18, 2020.
In Official Dispatch 3595/LD-CP-BHXH, the Ministry of Labor, Invalids, and Social Affairs of Vietnam provides the following guidelines:
- The social insurance authority will base on the original documents showing the working time in the state sector before January 1, 1995, to consider calculating the working time before January 1, 1995, for employees, including the following documents:
+ Employment contract or Recruitment Decision;
+ Decisions on salary increment, salary transfer;
+ Decisions on mobilization or transfer;
+ Decisions on demobilization or sectoral transfer;
+ Decisions on job waiting period;
+ Decisions on resignation or termination of the employment contract;
+ Original biographies and supplementary biographies (if any).
- In case the employee no longer has original documents showing working time in the state sector before January 1, 1995, the consideration, decision to calculate or not to calculate the working period before January 1, 1995, as social insurance contributing period for the employee will be determined by Vietnam Social Security, based on the following:
+ Employee’s application;
+ Confirmation document from the employee's managing authority; and
+ Other documents related to the working period being claimed for social insurance benefits to compare.
In which:
+ The confirmation document from the managing authority includes the following information:
- Reason for losing the original documents of the employee, the recruitment time, process of working, salary progress of the employee;
- Whether the employee has not received severance or a one-time allowance, the reason for not receiving it;
- Reasons for interruption or resignation and the responsibility of the managing agency in solving policies at the time of employee's interruption or resignation before January 1, 1995.
Note: The confirmation document must be issued by the recruitment and managing agency (in case the managing agency is dissolved, the superior agency will perform the confirmation) and must be responsible before the law for the content of the confirmation.
+ Documents related to the working period being claimed for social insurance benefits to compare could be:
- Communist Party member profile;
- Youth Union member profile;
- Labor book;
- Employee list;
- Tracking book;
- Salary payment list;
- Actual salary book;
- Certificate of merit;
- Commendation certificate;
- Commemorative medal;
- Diplomas;
- Certificates;
- Dossier to resolve policies for employees during the equitization of state-owned enterprises.
The calculation of the working period before January 1, 1995, to enjoy social insurance benefits for those without original documents will be implemented from the date Vietnam Social Security has the written consent. Thus, in case the employee no longer has original documents evidencing work time before January 1, 1995, they still can be considered for enjoying BHXH policies if they get approval from Vietnam Social Security based on the employee’s application following the guidelines in Official Dispatch 3595/LD-CP-BHXH.
Thuy Tram
- Key word:
- Official Dispatch 3595/LD-CP-BHXH
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