Mr. Phan Quang Them ( Da Nang ) worked at two state-owned enterprises from 1987 to May 1994. Now that those two agencies have been dissolved, and the managing agencies no longer exist, Mr. Them cannot find the original records of his employment contracts or other related documents.
Mr. Them only has a Party membership record and documents confirming his employment at the Enterprise in 1991 and 1993, bearing the Director's signature and the Enterprise's seal. He has not received any severance pay after leaving these two organizations.
Mr. Them asked, based on point b, clause 4, Article 34 of Decree No. 158/2025/ND-CP, is his case eligible for consideration for social insurance benefits for the period before 1995?
Regarding this matter, the Social Insurance Department of Da Nang City responded as follows:
Clause 4 of Article 34 of Government Decree No. 158/2025/ND-CP dated June 25, 2025 stipulates:
4. In cases where employees no longer have sufficient original documents showing their working time in the state sector before January 1, 1995, the social insurance agency shall consider and decide whether or not to include the working time before January 1, 1995 for social insurance benefits based on the employee's written request, the confirmation document from the agency or unit directly managing the employee, and other relevant documents related to the working time requested for social insurance benefits. If necessary, the social insurance agency shall coordinate with relevant local authorities to review and compare the employee's records to clarify related issues before making a decision.
a) The confirmation document from the agency or unit directly managing the employee must clearly state the reason for the lack of complete original employee records, the date of recruitment, the employee's work history, and salary history; the reason why the employee has not yet received severance pay or a lump-sum payment; the reason for the delay; the reason for interruption or termination of employment and the responsibility of the managing agency or unit in resolving the entitlement at the time of termination for employees with interrupted employment or who terminated their employment before January 1, 1995. If the agency or unit directly managing the employee no longer exists, the directly superior managing agency shall provide the confirmation;
b) The documents and records related to the period of employment for which social insurance benefits are requested are those documents proving and demonstrating the period of employment in the state sector before January 1, 1995, such as: Party member's record, Youth Union member's record, labor book, employee list, tracking book, payroll list, food book, certificates of merit, commendations, commemorative medals, diplomas, certificates, records of resolving employee benefits when privatizing state-owned enterprises, and other documents showing the employee's work history and salary;
c) The agency or unit directly managing the employee, or the employee's immediate superior management agency, must base its confirmation on the relevant documents and records specified in point b of this clause and shall be legally responsible for the contents of the confirmation specified in point a of this clause."
Regarding Mr. Phan Quang Them's case, his file only contains his Party membership record and documents confirming his employment at the enterprise in 1991 and 1993, which is insufficient for the Social Insurance agency to add his employment period from 1987 to May 1994.
In order to have a basis for issuing and recording confirmation of social insurance contributions for periods of employment before 1995 when original documents are no longer available (excluding those who were dismissed due to disciplinary action or voluntarily left their jobs, or were imprisoned before January 1, 1995), Mr. Phan Quang Them is requested to supplement the documents as stipulated in Clause 4, Article 34 of Decree 158/2025/ND-CP dated June 25, 2025 and submit them to the Social Insurance agency for consideration and resolution.
Chinhphu.vn
Source: https://baochinhphu.vn/co-so-xac-nhan-thoi-gian-dong-bhxh-truoc-1995-102251209080018425.htm
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