Participation in Social Insurance sometimes raises practical problems that make employees wonder. Suppose that if the employee has worked at the old company for more than 1 year but the company does not finalize and return the social insurance book, can he/she still be allowed to receive one-time social insurance in Vietnam?
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Can I receive one-time social insurance when the company did not return the book? (illustration)
Regarding this issue, LAWNET would like to answer as follows:
According to the guidance in Vietnam's Decision 222/QD-BHXH dated February 25, 2021, the application for receiving one-time social insurance includes:
(If the original is not specified, a valid copy can be submitted.)
1. In the case of one-time social insurance benefits:
a) The original book on social insurance.
b) the original application form (Form 14-HSB).
c) For the person going abroad to settle down, they must submit a copy of the certificate of the competent authority on renunciation of Vietnamese nationality or a certified or notarized Vietnamese translation of one of the following papers:
- Passport issued by a foreign country.
- A visa issued by a competent foreign agency with confirmation of the entry permit for the purpose of residence abroad.
- Papers certifying that they are carrying out procedures for naturalization in a foreign country; certification papers or permanent residence cards with a term of 05 years or more issued by a competent foreign agency.
d) In the case of suffering from life-threatening diseases such as cancer, polio, cirrhosis of the liver, ascites, leprosy, severe tuberculosis, or HIV infection that has progressed to AIDS, a copy/summary of the patient's profile is required. The judgment presents a state of non-self-service; if suffering from other diseases, it shall be replaced with a report on the assessment of the reduction of 81% or more of occupational disability by the Medical Family Council showing the state of being unable to self-service.
dd) In the case of payment of the settlement fee, there must be an invoice and receipt for the collection of the assessment fee, enclosed with the original list of the inspection contents of the facility performing the inspection.
e) Original personal statement of time and area serving in the Army with regional allowances (Form 04B-HBQP issued in conjunction with Vietnam's Circular 136/2020/TT-BQP dated October 29, 2020) for people who served in the Army prior to January 1, 2007 in the area receiving the regional allowance, as the social insurance book code does not provide enough information to calculate the regional allowance.
2. For employees who are foreign citizens working in Vietnam and enjoying lump-sum social insurance: The application is as mentioned in content 1b, 1d, and 1dd.
Thus, records to withdraw one-time social insurance are required to have a social insurance book, so you need to go to the old company to get the book back.
In addition, pursuant to Clause 5, Article 21 of Vietnam's Law on Social Insurance 2014, the company is responsible for returning the social insurance book and carrying out procedures for closing fever when the employee terminates the labor contract, specifically:
"The employer is responsible for coordinating with the social insurance agency to return the social insurance book to the employee and confirm the time of payment of social insurance when the employee terminates the labor contract, working contract, or resigns according to regulations under the law."
According to Point d, Clause 4, Article 40 of Vietnam's Decree No. 28/2020/ND-CP, a fine of between VND 2 million and VND 4 million is imposed upon each employee but not more than 75 million VND for the employer who does not return the social insurance book to the employee as prescribed in Clause 5, Article 21 of Vietnam's Law on Social Insurance.
