Proposal to resolve problems with employees borrowing social insurance application documents

(HNMO) - News from the Vietnam Social Security (VSS) on June 16 said that the industry has just proposed to the Ministry of Labor, War Invalids and Social Affairs a solution to resolve difficulties in implementing the social insurance regime for employees who borrow judicial records to participate in social insurance.

The reason is that, in reality, there are cases where workers borrow other people’s documents to sign labor contracts and participate in social insurance. This situation occurs in some provinces and cities that attract many workers to work such as: Binh Duong, Dong Nai, Long An, Quang Ninh, Binh Phuoc, Vinh Phuc, Ho Chi Minh City, etc.

There needs to be a solution for cases of borrowing judicial records to participate in social insurance.

According to Vietnam Social Security, the above behavior is falsifying documents, causing many consequences. Recently, the Social Security agency has encountered many difficulties in handling arising situations and has not yet had a solution for cases that have received social security benefits.

Specifically, in the case where the employer is still in operation, the employee submits a request to the District People's Court to declare the labor contract invalid, the court will return the request and request the labor mediator to provide the conciliation record. When the employee submits a request to the District Department of Labor, War Invalids and Social Affairs to consider conciliation, the conciliation statute of limitations has expired, so it will not be resolved.

In case the employer dissolves and the employee submits a request to the District People's Court to declare the labor contract invalid, the court will return the request without resolving it because there is no subject to file a lawsuit.

In case the borrower or lender of the documents has died, or is missing, or is no longer residing in Vietnam, or the place of residence is unknown, the borrower or lender of the documents must contact the court to resolve the matter, but it is also very difficult to resolve...

The Social Insurance Agency is currently unable to accurately count the actual number of cases of borrowing judicial records without any problems or complaints. However, through preliminary reports from Social Insurance agencies of provinces and cities, it is estimated that by the end of December 31, 2022, relevant parties discovered 214 cases of borrowing judicial records without adjusting personal information.

Faced with the above situation, Vietnam Social Security requests the Ministry of Labor, War Invalids and Social Affairs to provide guidance on a solution based on ensuring the contribution-benefit principle and promoting the rights of employees; assign the Department of Labor, War Invalids and Social Affairs of provinces and cities to coordinate with relevant agencies to consider and draw conclusions on borrowing judicial records for each specific case.

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