According to the instructions of the Social Insurance agency, the confirmation of the social insurance participation period before 1995 is carried out depending on the reason for the employee's retirement:
1. Cases of voluntary resignation
Pursuant to Point c, Clause 12, Section II of Circular No. 13/NV dated September 4, 1972 and Point 1, Article 23 of Decree 115/2015/ND-CP, if the employee voluntarily quit his/her job, the working period before 1995 will not be counted as the time participating in social insurance.
2. In case of leave due to agency failure to arrange work
Employees can be considered and assessed to add working time to calculate social insurance benefits. The documents to be prepared according to Decision 1318/QD-BHXH (2023) include:
Original background, additional background (if any), receipt decision, labor contract, decision to increase salary level, transfer, transfer to work, demobilization, discharge, and salary termination certificate.
For those who have been on leave waiting for work from November 1987 to before January 1, 1995, it is necessary to add a decision on leave waiting for work and a list of confirmations to remain in the unit until December 31, 1994.
If the decision to take a leave of absence is no longer in place, the direct superior management agency of the dissolved unit will confirm in writing, ensuring that the employee has not received a one-time allowance.
3. In case there are no more original documents
According to Clause 2, Section 1, Official Letter 3595/LDTBXH-BHXH (2020), when the original dossier before January 1, 1995 no longer exists, Vietnam Social Insurance will consider based on:
- Request of the employee.
- Confirmation document of the direct management agency.
- Related documents: Party member's background, union member's background, labor book, labor list, food book, certificate of merit, certificate, equitization file...
In case the enterprise has been dissolved, the superior management agency directly confirms the working time, acts as a basis for issuing the social insurance book or adjusts the information on the social insurance book.
Thus, even if the enterprise has been dissolved, employees can still confirm the time of participating in social insurance before 1995 if they have prepared complete documents and are confirmed by the management agency, ensuring legitimate rights according to the law.
