Procedures to transfer social insurance contribution process to real name if you accidentally borrowed documents to work

The reality of the labor market in Ho Chi Minh City has recorded many cases of borrowing other people's names, records, and papers to work. According to Ho Chi Minh City Social Insurance, employees (employees) borrowing other people's records to work is a violation of the prohibition stipulated in Clause 4, Article 9 of the 2024 Social Insurance Law. Accordingly, the prohibited act is fraud and forgery of records in the implementation of social insurance and unemployment insurance.

Ho Chi Minh City Social Insurance said that borrowing other people's names or borrowing judicial records to work and participate in social insurance will cause many consequences and directly affect the legitimate rights of both parties according to the professional regulations of the social insurance industry.

For borrowers (actual workers), they are paid social insurance monthly by the enterprise and must deduct a portion of their salary to pay social insurance. Because all information on the labor contract, social insurance book and collection management database is recorded according to the borrower's name, actual workers will not be able to register their name to carry out procedures to enjoy benefits such as sickness, maternity, occupational accident, unemployment benefits or one-time social insurance... This will cause difficulties and congestion when resolving social insurance and unemployment insurance benefits.

To correctly record the social insurance payment process regarding their real name, employees borrowing documents to go to work are required to submit personal adjustment documents due to borrowing documents (according to handover slip 628). Employees must work with the employer to agree to re-sign the labor contract according to their actual name and age; in case no agreement can be reached, they must file a lawsuit with the court to declare the labor contract invalid in its entirety.

To create conditions for employees to correct dossiers to match the information of the employee, participate in reality and enjoy social insurance policies, Ho Chi Minh City Social Insurance guides as follows: When there is a judgment declaring the labor contract invalid, or the labor contract is re-signed, employees submit the entire dossier to correct the information of the participant to the Social Insurance where the unit manages the borrowed information to adjust personal information according to receipt form 628.

In case employees have participated in social insurance and unemployment insurance in another province/city or have enjoyed social insurance and unemployment benefits in another province/city, employees should contact the provincial/city social insurance agency where the benefits have been settled or have participated in social insurance and unemployment insurance (arising from borrowing personal records) for consideration and settlement.

Employees need to strictly comply with the provisions of law, must use their personal records, name, age, and citizen identification card to go to work, both not violating the prohibitions of the law and avoiding troubles and disadvantages when resolving social insurance benefits," Ho Chi Minh City Social Insurance recommends.

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