📋 Tender Overview
The current law on social insurance does not stipulate that in case the employer is late in paying social insurance, the employee can request to cancel the period of time the employee has not paid social insurance in order to enjoy social insurance benefits. Mr. Le Nam (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 still owes and has not paid social insurance for him. In March 2025, Mr. Nam quit his job at company A and could not finalize the separate sheet because company A owed 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 close the leaflet. Company B said that because company A had not finalized the separate sheets, he could not close the separate sheets at company B. Mr. Nam asked, if the previous company had not finalized the separate sheets, could the next company close the separate sheets of social insurance? If the company continues to owe social insurance and cannot close the separate sheets, how will it affect the rights of employees? If the employee wants to cancel and consider not participating in social insurance while working at company A, what is the procedure? Regarding this issue, Vietnam Social Insurance answers as follows: Pursuant to the provisions in 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 mandatory social insurance mandatory: Employers are responsible for paying the full amount of compulsory social insurance contributions prescribed in Clause 1, Article 40 and Clause 1, Article 41 of the Law on Social Insurance for employees who are eligible to receive social insurance or quit their jobs or terminate labor contracts or working contracts to promptly resolve the social insurance regime for employees. In case the employer has not paid the full amount of compulsory social insurance contributions, the insurance regime shall be resolved. social insurance on the basis of the time of social insurance payment for employees eligible to enjoy social insurance, confirm the time of social insurance payment up to the time of social insurance payment in cases where the employee quits the job, terminates the labor contract or working contract; after recovering the amount of compulsory social insurance payment, confirm the additional time of social insurance payment and adjust the level of social insurance benefits. Law on social insurance Currently, there is no regulation that in case the employer is late in paying social insurance, the employee can request to cancel the period of time the employee has not paid social insurance in order to enjoy social insurance benefits. To ensure his legitimate rights, Mr. Nam requested the employer to be responsible for fully paying 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 registered to pay social insurance or you can file a lawsuit against the company in court to claim your rights.Chinhphu.vnSee moreCompanies owe social insurance and stop operations, how to close the books?See moreCompany owes social insurance, how to get the regime resolved?See moreCompany debt Social insurance, how to confirm the insurance payment period? See moreIs it possible to enjoy benefits when the old company has not yet closed the social insurance book? See moreCan you close the social insurance book on the VssID application?See moreInstructions for closing the social insurance book when quitting your job See moreEmployees can close the social insurance book at the time of closing See moreCan you close the social insurance book yourself to receive unemployment benefits?
