Mr. N.V.N (Hanoi) worked at a joint stock company from May 2022 to September 2023. The company will pay social insurance to employees until September 2022. From then until September 2023, the company did not fulfill its social insurance payment obligations even though it had deducted the percentage of employees' social insurance participation.
In April 2023, the District Social Insurance requested Mr. N's company to fulfill its obligations to ensure the rights of employees, but the company did not fulfill its obligations. In February-September 2023, the company continued to owe wages.
Mr. N has contacted the company many times, requesting payment of wages and closing the social insurance book but it has not been resolved.
Sending a question to Vietnam Social Insurance, Mr. N asked, can you close the social insurance book until the company has paid social insurance?
Regarding this issue, Vietnam Social Security responds as follows:
Clause 3, Clause 4, Article 13 of the Social Insurance Law No. 41/2024/QH15 stipulates the responsibilities of employers as follows:
"3. Coordinate with the social insurance agency in confirming the period of social insurance payment when the employee terminates the labor contract, employment contract or quits work according to the provisions of law.
4. Pay compulsory social insurance for employees according to the provisions of Article 34 of this Law and every month deduct the amount of compulsory social insurance payment according to the provisions of Article 33 of this Law from the employee's salary to pay at the same time to the social insurance fund".
Accordingly, Mr. Ngoc's company is obliged to pay social insurance in full to employees every month and coordinate with the Social Insurance agency to carry out procedures to confirm the social insurance payment period when employees quit their jobs.
Pursuant to the guidance at Point 1.2, Clause 1, Article 46 of Consolidated Document No. 2525/VBHN-BHXH dated August 15, 2023 as follows:
"For units that are late in paying social insurance, unemployment insurance, unemployment insurance, and social insurance, if the employee is eligible for social insurance or terminates the employee's employment contract, the unit is responsible for paying the full social insurance, unemployment insurance, unemployment insurance, and unemployment insurance, including late payment interest according to regulations, the social insurance agency must confirm the social insurance book to promptly resolve the social insurance and unemployment insurance regime for employees.
In case the unit has not paid in full, the social insurance book must be confirmed until the time of paying social insurance, unemployment insurance, unemployment insurance, and Northern employment. After recovering the amount of late payment, the unit will confirm the addition on the social insurance book".
Accordingly, Mr. N suggested that the company coordinate with the social insurance agency to confirm the social insurance book for him until the time the company paid.
After the company has paid the full social insurance payment until the time he quit his job, it is recommended to confirm the additional period of social insurance payment that is still lacking.
