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You quit your job, your old company has dissolved, but upon checking, your social insurance record hasn't been finalized. This is one of the situations that leaves many people – especially foreigners – "stuck": unable to continue the procedure, and not knowing where to start.
The important thing is that in this case, the issue isn't about whether you have the right or not, but about the fact that your social insurance data is not legally complete. If not handled correctly, the process can be delayed for a very long time.
The concept of "finalizing the social insurance record" essentially means that the social insurance agency confirms that the entire social insurance contribution period at a company has ended and no further obligations arise.
According to the 2014 Social Insurance Law, an employee's social insurance participation is recorded continuously in stages. When you leave a company, that company is responsible for completing the procedures with the social insurance agency to confirm the contribution period up to the time of contract termination.
If this step is not completed, the system will understand that your participation period at that company is still "not finished." This directly affects subsequent procedures such as merging social insurance records, transferring to a new workplace, or withdrawing a lump-sum social insurance payment.
In principle, finalizing social insurance records is the responsibility of the business. However, when a business has been dissolved, gone bankrupt, or is no longer operating, you cannot demand that they fulfill this obligation as usual.
Even so, this does not mean you lose your rights. According to the 2014 Social Insurance Law, the social insurance agency is still responsible for managing data and settling benefits for employees based on the available information. In practice, when a company no longer exists, employees will need to work directly with the social insurance agency to process any missing or incomplete data.
If your social insurance book hasn't been finalized, you may encounter some difficulties when carrying out related procedures.
Your application for a lump-sum social insurance withdrawal may not be accepted or you may be asked to provide additional information, as the social insurance agency needs to determine whether your entire contribution period has ended. In some cases, the system may still record you as participating in social insurance at your old company, even though you have actually left your job a long time ago. Furthermore, if the data hasn't been fully finalized, your benefits may not be calculated accurately, especially if there are missing or outdated contribution periods.
In this situation, the process will no longer go through the business but will instead involve working directly with the Social Insurance agency. You need to provide information related to your employment at your previous company, such as employment contracts, termination notices, or other relevant documents if you still have them. These documents will help the Social Insurance agency verify and update the data.
If the data is already in the system but not yet finalized, the Social Insurance agency may conduct a check and complete the procedure. If the data is incomplete, they may request additional information for comparison. Importantly, this process usually takes longer than if the business provides assistance, as it requires independent verification from the management agency.
In principle, to withdraw social insurance benefits in a lump sum, the social insurance agency needs to verify that your entire participation period has been legally completed.
For foreign workers, according to Decree 143/2018/ND-CP, the conditions for receiving a lump-sum social insurance benefit include the termination of the labor contract or the expiration of the work permit without renewal.
However, if a period of employment has not been finalized, this may render the application ineligible for immediate processing. Therefore, in practice, you need to complete the finalization of your social insurance record before proceeding with the social insurance withdrawal procedure.
DEDICA has experience handling complex social insurance applications for foreigners, from data verification and consolidation of contribution periods to completing the procedures for receiving a lump-sum social insurance benefit, helping you ensure your financial rights are protected quickly and in accordance with regulations.
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