In 2009, Ms. Nguyen Thi Huong (Hanoi) lent her documents to a friend to sign a labor contract . During that time, Ms. Huong applied to work at another company, leading to duplicate social insurance payment processes. Currently, Ms. Huong really wants to cancel the social insurance book that her friend has paid but cannot. She hopes the social insurance agency will guide her on the procedures to cancel her friend's social insurance book, due to duplicate social insurance payments.
Vietnam Social Security responded:
According to Official Dispatch No. 1767/LDTBXH-BHXH dated May 31, 2022 of the Ministry of Labor, War Invalids and Social Affairs regarding employees borrowing other people's documents to enter into labor contracts:
1. In case an employee borrows another person's documents to enter into a labor contract, it is a violation of the principle of "honesty" as prescribed in Clause 1, Article 15 of the Labor Code and a violation of the obligation to provide information. Providing information when concluding labor contracts according to the provisions of Clause 2, Article 16 of the Labor Code. Pursuant to the provisions of Point b, Clause 1, Article 49 of the Labor Code, this is a case where the labor contract is completely invalid.
2. The authority to declare labor contracts invalid and handle invalid contracts is implemented according to the provisions of Article 50, Article 51 of the Labor Code and Section 3 Chapter III of Decree No. 145/2020/ND -CP dated December 14, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations. Accordingly, the People's Court has the right to declare the labor contract invalid. The handling of a labor contract that is completely invalidated due to the person signing it without proper authority or violating the principles of entering into a labor contract is carried out in accordance with the provisions of Clause 2, Article 51 of the Labor Code and Article 10 of the Labor Code. Decree No. 145/2020/ND-CP. Clause 4, Article 10 of Decree No. 145/2020/ND-CP stipulates: "Other issues related to handling of labor contracts that are completely invalid due to the person signing them without proper authority or violating the principles of Rules for concluding labor contracts fall under the jurisdiction of the Court according to the provisions of the Civil Procedure Code.
According to the question, the reader lent his documents to others to conclude a labor contract and participate in social insurance. Therefore, the borrower's employment contract is completely invalidated. The authority to declare a labor contract invalid belongs to the Court.
Therefore, to ensure your benefits when participating in social insurance, we recommend that readers contact the person who borrowed the documents to ask them to apply to the Court to declare the signed labor contract invalid, and then request the Court to declare the signed labor contract invalid. The social insurance agency adjusts the personal information on the issued social insurance book from the name of the person lending the file to the correct personal information of the person borrowing the file.
