How to close and transfer the Social Insurance Book when the old company goes bankruptis legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
According to the information you provided, you have terminated the labor contract at the old company but have not finalized social insurance. Currently you are working and paying social insurance at the new company.
Procedures for closing social insurance books
According to Point 3.2, Clause 3, Article 46 Procedures for collecting social insurance, health insurance, unemployment insurance, insurance for labor accidents and occupational diseases; Manage social insurance books and accompanying health insurance cards Decision 595/QD-BHXH, the unit owes social insurance premiums, unemployment insurance (UI), occupational accident and disease insurance (Occupational accident insurance, occupational diseases), if the employee is eligible to receive social insurance or terminates the labor contract or working contract:
The unit is responsible for fully paying social insurance, unemployment insurance, occupational accident and occupational disease insurance, including late payment interest according to regulations. The social insurance agency confirms the social insurance book to promptly resolve social insurance and unemployment insurance benefits for employees.
In case the unit has not paid in full, confirm the social insurance book up to the time of payment of social insurance, unemployment insurance, labor accident insurance, and occupational disease. After recovering the amount owed by the unit, additional confirmation will be made on the social insurance book.
So, because of your old company bankrupt So to carry out the procedure for closing the social insurance book, you contact the social insurance agency where your old company is headquartered and ask them to confirm your social insurance payment time until the time the company has paid social insurance for you.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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