Does Military Service Count Towards Insurance Contribution Time?

One of the concerns for employees participating in military service is whether the time they serve in the military is counted towards their social insurance contribution period. What does the law stipulate regarding this issue?

According to the regulations in Clause 5, Article 3 of the 2014 Social Insurance Law, the period of social insurance contribution is the period calculated from when an employee starts paying social insurance until they stop. If an employee does not pay social insurance continuously, the period of social insurance contribution shall be the total period during which social insurance was paid.

The period of active service is calculated as the period of social insurance contribution

Circulation 95/2016/TT-BQP guiding the implementation of Decree 27/2016/ND-CP stipulates policies for non-commissioned officers and soldiers serving in active duty, demobilized, and the relatives of non-commissioned officers and soldiers in active duty, specifically regarding social insurance benefits for non-commissioned officers and soldiers in active duty as follows:

- The period of service in active duty of non-commissioned officers and soldiers is calculated as the period of social insurance contribution (SI) to form the basis for calculating SI benefits according to the regulations.- If, before enlistment, there was a period of employment with compulsory SI contribution in state agencies, organizations, or economic establishments of various economic components, upon demobilization and returning to the locality, the period of prior SI contribution is aggregated with the period of active service to calculate SI benefits according to the regulations and resolved by the Ministry of National Defense Social Insurance.- If, before enlistment, there was a period of employment with compulsory SI contribution in state agencies, organizations, or economic establishments of various economic components, and then upon demobilization, resuming work at the former agency or other state agencies, organizations, or economic establishments of various economic components, continuing to contribute to SI, the prior period, period of active service, and subsequent period of SI contribution are aggregated to form the basis for calculating SI benefits according to the regulations. Specifically:

Total period for calculating SI benefits = Period of SI contribution in agencies, external organizations (before enlistment) + Period of active service + Period of SI contribution in agencies, external organizations (after demobilization).

Thus, according to the above regulations, when participating in military service, this period will be cumulatively counted towards the period of social insurance contribution.

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