Is the Period of Military Service Included in Social Insurance Contribution?

Recently, Thu Ky Luat has received numerous inquiries from our Esteemed Clients and Members regarding whether the 02-year military service period counts towards social insurance contributions. Thu Ky Luat would like to address this concern in the following article.

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According to the provisions of Clause 5 Article 3 of the Social Insurance Law 2014, the duration of social insurance contribution is the period counted from when the employee starts paying social insurance until they stop. In cases where employees do not continuously contribute to social insurance, the period of contribution is the total time they have paid social insurance.

According to the provisions of Clause 1 Article 7 of the Circular 95/2016/TT-BQP, the time served by non-commissioned officers and soldiers is counted as the time of social insurance contributions to serve as the basis for calculating social insurance policies.

In the case where, before enlisting, non-commissioned officers and soldiers had periods of employment and mandatory social insurance contributions at state agencies, organizations, or economic establishments of various economic sectors, when being discharged and returning to their localities, the previous service periods with social insurance contributions are added together with the time served in the military to calculate social insurance policies according to regulations, resolved by the Military Social Insurance.

If, before enlisting, there were periods of employment and mandatory social insurance contributions at state agencies, organizations, or economic establishments of various economic sectors, after being discharged and returning to the former agencies or other state agencies, organizations, or economic establishments of various economic sectors and continuing to pay social insurance, the previous time and the time served in the military, along with later service periods with social insurance contributions, are added together to calculate social insurance policies according to regulations. Specifically:

Total time for social insurance calculation = Time of social insurance contribution at agencies/organizations outside the Military (before enlisting) + Time served in the military + Time of social insurance contribution at agencies/organizations outside the Military (after discharge).

According to the definition in Clause 5 Article 3 of the Military Service Law 2015, non-commissioned officers and soldiers are understood to be citizens serving in the standing forces of the People's Army and the Coast Guard.

Article 3. Explanation of terms

...

5. Non-commissioned officers and soldiers on duty are citizens serving in the standing forces of the People's Army and the Coast Guard.

...

Thus, based on the above provisions, it can be seen that employees currently participating in social insurance who go for military service, the duration of the military service is also counted as the period of social insurance contributions, serving as the basis for calculating social insurance benefits according to regulations.

- Nguyen Trinh -

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