Completing the procedures for verification of duration of participation in social insurance is considered the responsibility of the enterprise when the employee leaves the job. So what are penalties for failing to complete the procedures for verification of duration of participation in social insurance for employees in Vietnam?
Article table of contents
What are penalties for failing to complete the procedures for verification of duration of participation in social insurance for employees in Vietnam? (Source: Internet)
1. Enterprises are responsible for closing social insurance books for employees
Pursuant to Clause 3, Article 48 of the Labor Code 2019, responsibilities of the employers upon termination of an employment contract are as follows:
- The employer has the responsibility to:
+ 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);
+ 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, completing the procedure to confirm the time of payment of social insurance premiums for employees is the responsibility of the enterprise even if the employee terminates the contract illegally.
2. What are penalties for failing to complete the procedures for verification of duration of participation in social insurance for employees in Vietnam?
According to Clause 2, Article 12 of Decree 12/2022/ND-CP stipulating penalties for failing to complete procedures for certification of duration of participation in social insurance and unemployment insurance after terminating the labor contract as follows:
- A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed if the violation involves 01 - 10 employees;
- A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 11 - 50 employees;
- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 51 - 100 employees;
- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 101 - 300 employees;
- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 301 employees or more.
Thus, in case the employer is an individual who fail to complete procedures for certification of duration of participation in social insurance and unemployment insurance, he will be fined from VND 2 million to VND 20 million, and for organizations, the fine will be doubled.
Ngoc Nhi
.jpg)
