Unable to finalize the book because the old company owed social insurance
According to people's reflections, recently, many workers transferring companies have encountered difficulties in closing social insurance books due to social insurance procedures from the old company.
For example, Mr. Le Minh (character name changed - PV) in Hanoi, worked and paid social insurance at company A from June 2024 to March 2025. The company has declared an increase in social insurance but is still in debt and has not paid social insurance for him.
In March 2025, Mr. Minh resigned from company A and has not finalized the separate form (a supplement recording the detailed social insurance payment process of employees in a certain period of time) because company A is owing social insurance money.
In May 2025, he worked at company B, paid social insurance until October 2025, then quit his job but still could not finalize the separate form. Company B said that because company A had not finalized the separate form, he could not finalize the separate form at company B.
Mr. Minh wondered if the previous company had not finalized the separate form, could the later company finalize the separate form of social insurance?
If the company continues to owe social insurance and cannot finalize the separate form, how will it affect the rights of employees? If employees want to cancel, consider not participating in social insurance during their working time at company A, what is the procedure?" - Mr. Minh asked.
Workers can complain to state management agencies
Answering this question, Vietnam Social Security said: Based on the provisions of Clause 3, Article 8 of Decree No. 158/2025/ND-CP dated June 25, 2025 of the Government detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance as follows:
Employers are responsible for paying the full amount of compulsory social insurance payable as prescribed in Clause 1, Article 40 and Clause 1, Article 41 of the Law on Social Insurance for employees who are eligible for social insurance or resign, terminate labor contracts, working contracts to promptly resolve social insurance benefits for employees.
In case the employer has not paid the full amount of compulsory social insurance, the social insurance regime is resolved based on the time of social insurance contribution for employees who are eligible for social insurance benefits, confirming the time of social insurance contribution to the time of social insurance contribution for cases where employees resign, terminate labor contracts, and working contracts; after recovering the amount of compulsory social insurance contribution, confirming the additional time of social insurance contribution and adjusting the level of social insurance benefits".
Current social insurance laws do not stipulate that in cases where employers are late in paying social insurance, employees can request to cancel the period when employees have not paid social insurance money to settle for social insurance benefits.
To ensure his legitimate rights, Mr. Minh needs to request the employer to be responsible for paying enough social insurance and unemployment insurance for him.
In case the company still does not pay social insurance, you can complain to the competent state management agency where the unit registers to pay social insurance or you can file a lawsuit against the company in court to claim your rights.
