Hanoi Social Insurance advises:
According to Point 1.2, Clause 72, Article 1 of Decision 505/QD-BHXH in 2020 amending and supplementing a number of articles on the procedures for collecting social insurance (SI), health insurance (HI), unemployment insurance (UI), occupational accident and disease insurance (OID)... attached to Decision No. 595/QD-BHXH dated April 14, 2017 of the General Director of Vietnam Social Security, it is stipulated as follows: "For units that owe SI, UI, HI, and OH&S contributions, if the employee is eligible for SI or terminates the labor contract or employment contract, the unit is responsible for paying enough SI, UI, HI, and OH&S, including late payment interest as prescribed (separate payment), the Social Security agency confirms the SI book to promptly resolve the SI and OH&S regime for the employee. In case the unit has not paid enough, confirm the social insurance book up to the time of payment of social insurance, unemployment insurance, occupational accident insurance, and occupational disease insurance. After recovering the amount the unit still owes, confirm the addition on the social insurance book.
In Official Dispatch No. 1880/BHXH-CSXH dated June 21, 2023 of Vietnam Social Security on the implementation of social insurance regime for employees at units that have not paid enough social insurance according to the instructions in Official Dispatch No. 2591/LDTBXH-BHXH dated August 9, 2021 and Official Dispatch No. 1025/LDTBXH-BHXH dated March 23, 2023 of the Ministry of Labor - Invalids and Social Affairs on the subjects of employees at units using labor that have not paid enough social insurance including: "Unit is carrying out bankruptcy procedures; unit has a bankruptcy decision of the court; unit is no longer operating at the registered address; unit does not have a legal representative".
According to point 2.1, clause 2, Section III of Official Dispatch No. 1880/BHXH-CSXH on settlement of pension benefits, it is stipulated that:
a) Employees who meet the retirement age requirements and have actually paid social insurance for 20 years or more (excluding the period of time when social insurance has not been paid) will be entitled to receive pension according to the policy regulations at the time of eligibility for pension.
When the unpaid social insurance amount is compensated by another unit or financial source, the additional social insurance payment period (if any) will be calculated to readjust the benefit level according to the policy regulations at the time of receiving the pension previously settled and pay the additional difference in benefit level to the employee from the time of receiving it.
b) Employees who meet the retirement age requirements, have actually paid social insurance for 10 years to less than 20 years (excluding the period of unpaid social insurance) and wish to do so, can pay voluntary social insurance one time for the remaining years to meet the conditions for receiving monthly pension; the time to receive pension is implemented according to the provisions in Clause 2, Article 5 of Circular No. 01/2016/TT-BLDTBXH dated February 18, 2016 of the Ministry of Labor - Invalids and Social Affairs.
When the unpaid social insurance amount is compensated by another unit or financial source, the additional social insurance payment period (if any) will be calculated to readjust the benefit level according to the policy regulations at the time of receiving the pension previously settled and pay the additional difference in benefit level to the employee from the time of receiving it (do not refund the amount the employee has paid for voluntary social insurance to be consistent with the guidance in Official Dispatch No. 276/LDTBXH-BHXH dated February 6, 2023 of the Ministry of Labor - Invalids and Social Affairs).
If the reader's case is correctly identified as an employee at the above-mentioned employers who have not fully paid social insurance and the social insurance agency has fully confirmed the actual time of social insurance payment on the reader's social insurance book, then the reader is eligible for retirement benefits. The reader can contact the local social insurance agency to coordinate to determine whether the period of social insurance payment has not been paid by the employer who has not fully paid social insurance as prescribed in Article 1 of Official Dispatch No. 1880/BHXH-CSXH dated June 21, 2023 of Vietnam Social Insurance or not to serve as a basis for settlement.
