Former company owes social insurance money, employees want to skip social insurance contribution period

Đức Vân |

Moving to a new company, employees face difficulties in participating in social insurance (SI) when the old company owes SI money.

Sending a question to the Government Electronic Information Portal, Ms. T.T (Hanoi) said that she paid social insurance for 10 months at company A, then quit her job but could not finalize the book because the company owed social insurance contributions.

In mid-2025, Ms. T worked at company B, paid social insurance for 6 months and then quit her job, but also could not finalize the book due to problems from company A.

Ms. T asked, what do you need to do to finalize social insurance? Is it acceptable for you to consider the time working at company A not participating in social insurance?

Answering this issue, Hanoi City Social Insurance said:

According to Clause 1, Article 72 of Decision No. 505/QD-BHXH dated March 27, 2020 of Vietnam Social Security on amending and supplementing Article 46 of Decision No. 595/QD-BHXH stipulating the recording and confirmation of the time of social insurance, unemployment insurance, labor accident insurance, and vocational insurance contributions in the social insurance book as follows:

For units that are late in paying social insurance, unemployment insurance, labor accident insurance, and occupational accident insurance, if employees are eligible for social insurance benefits or terminate labor contracts or working contracts, the unit is responsible for fully paying social insurance, unemployment insurance, labor accident insurance, and occupational accident insurance, including late payment interest according to regulations, the social insurance agency confirms the social insurance book to promptly resolve social insurance and unemployment insurance benefits for employees.

In case the unit has not paid enough, it will confirm the social insurance book to the time it has paid social insurance, unemployment insurance, labor accident insurance, and occupational insurance. After recovering the amount the unit is late in paying, it will supplement the confirmation on the social insurance book.

Thus, in case the company is late in paying social insurance, it will be responsible for prioritizing completing the amount of social insurance still late for employees who quit their jobs. At the same time, the company must fulfill the responsibility of closing social insurance books so that employees can continue to participate in social insurance.

Ms. T can request the employer to certify the social insurance book until the unit fully pays social insurance for employees. For the months that company A still owes social insurance contributions, the social insurance agency temporarily does not record the corresponding contribution process.

After transferring to company B, her social insurance participation process was still recorded and finalized as normal, independent of company A's outstanding social insurance contribution obligations.

The company's prolonged and unfinalized social insurance debt will directly affect regimes such as maternity, sickness, or unemployment benefits (BHTN)...

Currently, the Law on Social Insurance and guiding Decrees and Circulars do not have regulations on procedures for cutting or canceling the social insurance participation process of employees.

Đức Vân
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