Will I get my social insurance book back if I unilaterally terminate my employment contract?
According to the Law, employers must be responsible for preparing a request to close the social insurance book and submit it to the social insurance agency to close the book and return it to the employee.
Clause 2, Article 18 of the Law on Social Insurance stipulates the rights of employees to "be granted and manage social insurance books". Clause 3, Article 19 stipulates that the responsibility of employees is to "preserve social insurance books".
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Clause 5, Article 21 stipulates the responsibility of the employer: "Coordinate with the Social Insurance Agency to return the Social Insurance book to the employee, confirm the period of Social Insurance payment when the employee terminates the labor contract, work contract or quits the job according to the provisions of law".
Thus, when an employee terminates the contract or quits the job according to the provisions of law, the employer must be responsible for preparing a request to close the social insurance book and submit it to the social insurance agency to close the book and return it to the employee.
In case the company does not close the social insurance book for the employee when leaving the job, the employee can submit a request to the company's board of directors for resolution or submit a request to the Department of Labor - Invalids and Social Affairs, the Inspectorate of the Department of Labor - Invalids and Social Affairs where the company is headquartered to request assistance or sue the company in court to receive back the social insurance book./.
