Question:
Currently, employees often have multiple social insurance books. When joining a new company, they may discover this issue. In the past, employees had the right to choose to retrieve their old books or request cancellation. Is the process of requesting cancellation still valid? In cases where they cannot retrieve the old books and also cannot cancel them, what procedures should employees follow to easily participate in social insurance at their new workplace?
Employees have participated in social insurance at multiple places, and all the previous places have closed their insurance books and sent them back to the employees. When they start working at a new company and then leave the job, the final company, for some reason, cannot close the books for the employees. Can employees receive their previously closed social insurance books, or do they need the final company to close them again for the employees to receive the books?
Answer:
1. For employees with multiple social insurance books, including cases as follows:
– If an employee has a social insurance book but hasn’t received it when leaving a job, the employee should contact the previous company to receive the social insurance book (the book has been closed). If the previous company doesn’t close the book or return it to the employee, the employee can file a complaint with the District or District-level Social Insurance Office (where the employer is located) or the Inspectorate of the Department of Labor, Invalids, and Social Affairs for assistance. After that, the employee can complete the process of consolidating the books using Form 304, which includes the transfer of documents.
– If an employee or the company loses the social insurance book, they should file a request for a reissued social insurance book due to loss using Form 305 and submit it to the Social Insurance Agency for resolution. Afterward, they can complete the process of consolidating the books using Form 304, which includes the transfer of documents.
– If an employee does not acknowledge a social insurance book that shows their participation history, they should provide clear information about the book number and the participation history that they don’t acknowledge in the Declaration of Information Provision and Amendment for Social Insurance and Health Insurance Participants (Form TK1-TS). In this form, the employee should commit to taking responsibility and complete the process of consolidating the books using Form 304, which includes the transfer of documents. This form should be submitted to the Social Insurance Agency where the current employer contributes to social insurance to resolve the issue.
2. For employees who have participated in social insurance at multiple places, had their books closed, and later started at a new company but could not get their books closed by the final company, they can file a complaint with the District or District-level Social Insurance Office (where the employer is located) or the Inspectorate of the Department of Labor, Invalids, and Social Affairs for assistance.
Question:
My company is located in Binh Thanh District. Currently, we send and receive social insurance documents through the postal service. One issue that concerns us is that when we send the documents, we create a delivery receipt specifying the documents being sent (especially when closing social insurance books, listing each book), and we request the postal employees to sign for receipt before we seal the envelopes and hand them over. However, postal employees refuse and say that our company must reseal the envelopes, and they will only sign for one envelope. Our company argues that in cases of loss, how can we determine which documents are lost? Also, it would be very time-consuming and troublesome to request a reissued social insurance book if an employee has worked for multiple companies.
In cases where postal employees refuse to clearly sign for the detailed documents we’ve listed, how can we send the documents to the social insurance agency since we are not allowed to submit them in person?
In cases of unclear receipt signatures, how should we handle lost documents? Who is responsible for reissuing lost social insurance books or paying for the remaining health insurance (BHYT) period if a health insurance card is returned but lost and cannot be returned?
Answer:
– In line with the administrative reform policy of the Vietnam Social Insurance (BHXH Vietnam), the goal is to reduce the transaction time between the social insurance agency and employers, meaning employers do not need to make multiple trips to submit documents. Therefore, it is recommended that employers submit documents via postal services.
– When sending documents via postal services, employers should carefully package and seal the documents and affix a joint seal on the envelope. When postal employees receive the documents, they should check them. If they find that there are missing documents compared to the Delivery Receipt, they will contact the employer to verify the status of the documents. If any documents are lost, the social insurance agency will handle the matter based on the receipt between the employer and the postal service.
Question:
I would like to ask if it’s possible for one person to have two health insurance cards (BHYT) at the same time. If this situation occurs, how should it be handled, according to the law and guidance from the relevant authorities?
Answer:
According to regulations, each individual is only entitled to one health insurance card (BHYT). In cases where an individual simultaneously qualifies under multiple health insurance participant categories, they should enroll in the health insurance program under the first category they are identified with, following the order of participant categories specified in Article 1 of Joint Circular No. 41/2014/TTLT-BYT-BTC dated November 24, 2014, issued by the Ministry of Health and the Ministry of Finance, which provides guidance on health insurance implementation.
If a person is issued more than two health insurance cards (BHYT), they should retain the card associated with the first identified participant category, as determined following the order of participant categories outlined in Article 1 of Joint Circular No. 41/2014/TTLT-BYT-BTC mentioned above. The remaining health insurance cards should be returned to the social insurance agency (BHXH) for reimbursement of the associated premiums.
Question:
Company A is being dissolved, and all of its employees are being transferred to Company B to continue employment. What are the procedures that both Company A and Company B need to follow for all of these employees, including the closure of social insurance books (BHXH), payment of benefits to employees (severance pay and any other procedures or benefits), and can severance pay be transferred to Company B?
Answer:
– Company A must send a letter to the Social Insurance Agency (BHXH) regarding the termination of participation in social insurance due to dissolution. Simultaneously, it should settle all outstanding social insurance (BHXH), health insurance (BHYT), and unemployment insurance (BHTN) contributions up to the date of the dissolution to have the books closed. This should be done following the instructions in document No. 321 for new books and document No. 301 for old books. Additionally, Company A should prepare the necessary documentation according to document No. 103 for the reduction of its workforce in Ho Chi Minh City. It should also return the health insurance cards (BHYT) and process any other social insurance claims (if applicable) for its employees as required.
– To ensure the rights and benefits of the employees, Company B should promptly prepare the necessary documentation for their participation in social insurance (BHXH), health insurance (BHYT), and unemployment insurance (BHTN) following document No. 103.
– Document No. 103, as well as additional details on these procedures, can be found on the “One-Stop Document Procedures” section under “Document Procedures for Collecting BHXH, BHYT, BHTN” on the following website: http://www.bhxhtphcm.gov.vn/ListHoso.aspx?id=1
– Regarding the resolution of severance pay issues, it is recommended to contact the Department of Labor, Invalids and Social Affairs for guidance according to their jurisdiction.
