CAN EMPLOYEES COMPLETE THE PROCEDURES OF THE VERIFICATION OF DURATION OF PARTICIPATION IN SOCIAL INSURANCE BY THEMSELVES?

Legal basis: 

• Labor Code 2019. 
• Law on Social Insurance 2014. 
• Decree 12/2022/ND-CP.   

1. Can employees complete the procedures of the verification of duration of participation in social insurance by themself? 

Employees cannot complete this procedure by themselves. The employer has the responsibility to complete the procedures for verification of duration of participation in social insurance and unemployment insurance, return them and original copies of the employee’s other documents (if any);

2. Fines shall be imposed when the employers fail to complete procedures for certification of duration of participation in social insurance and unemployment insurance 

The penalty set for the employer is determined based on the number of employees the violation involves:

• A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed if the violation involves 01 – 10 employees;
• A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 11 – 50 employees;
• A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 51 – 100 employees;
• A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 101 – 300 employees;
• A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves more than 300 employees.

These are fines imposed upon violating individuals. The fine imposed upon an organization is twice as much as that imposed upon an individual.