Hanoi-Vietnam: What are the guidelines for finalizing social insurance books by employees unilaterally terminating the employment contract?

10:38, 11/07/2024

May employees who unilaterally terminate the employment contract without a resignation decision from the employer finalize their social insurance books at social insurance agencies in Vietnam? What are the required documents for finalizing social insurance books? - Ms. Cao Thuy Linh (Email: Linhcaotdh***@gmail.com)

In the case of your situation, Lawnet would like to respond as follows:

According to the provisions of the Labor Code 2012 and the Law on Social Insurance 2014, employees cannot finalize their social insurance books at social insurance agencies. To be specific:

Clause 3, Article 47 of the Labor Code stipulates that the employer is responsible for "completing the procedures for confirmation and returning the social insurance book and other documents that the employer has retained from the employee" when the employment contract is terminated.

Clause 5, Article 21 of the Law on social insurance states that the employer is responsible for "cooperating with the social insurance agency to return the social insurance book to the employee, confirming the period for social insurance premium payment when the employee terminates the employment contract, employment contract, or resigns according to the law."

Based on the above regulations, the responsibility of finalizing the social insurance book belongs to the employer. Employees cannot finalize the insurance book on their own.

In this case, you need to contact the Department of Labor, Invalids & Social Affairs where you work or the Inspectorate of the Department of Labor, Invalids & Social Affairs to intervene and submit the application for finalizing the SI book to the social insurance agency for consideration and resolution.

- Doan Trinh -

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