Ms. Nguyen Hong Thanh's company (HCMC) owes social insurance for her for a number of months from 2020 to now, although every month the company still deducts 10.5% of her salary to pay social insurance.
Because the company owed social insurance contributions, Ms. Thanh could not finalize the social insurance book to carry out procedures for receiving unemployment benefits as well as withdrawing one-time social insurance benefits, affecting her legitimate rights for many years.
Ms. Thanh wishes to pay the company's outstanding debt herself, but the competent authority requires the business to fulfill its social insurance obligations for the dossier to be eligible.
Ms. Thanh requested competent authorities to consider and resolve her case.
Regarding this issue, Ho Chi Minh City Social Insurance answers as follows:
Based on Law on Complaints No. 02/2011/QH13; Law on Social Insurance No. 41/2024/QH15; Law on Health Insurance No. 25/2008/QH12, Law on Health Insurance amended and supplemented in 2014 and Law on Health Insurance amended and supplemented in 2024; Decree No. 24/2018/ND-CP dated February 27, 2018; Decision No. 378/QD-BHXH dated March 11, 2020 of Vietnam Social Insurance, Tan Dinh Grassroots Social Insurance requests Ms. Thanh to make a first complaint to the legal representative of the company to request social insurance contributions and carry out procedures to finalize the social insurance book for her.
In case they do not agree with the first settlement decision or the time limit has expired and the complaint is not resolved, the authority to settle the second time belongs to the Director of the Ho Chi Minh City Department of Home Affairs or she also has the right to sue the company in the People's Court for settlement according to legal regulations.
Tan Dinh grassroots social insurance will perform tasks and powers in accordance with legal regulations in managing the collection and spending of social insurance, health insurance, and unemployment insurance policies for labor-using units to ensure the rights of participants.
