Mr. Vu Quang Lien (Hanoi) asked: I enlisted in June 1982 and from 1985 to 1989, I fought in the K battlefield, and was discharged to the locality in December 1996. I am currently a commune officer and have participated in compulsory social insurance since 2007. In case I can combine my time working in the army with the current social insurance payment period to calculate the retirement period?
Hanoi Social Insurance answers:
According to the provisions of Clause 2, Article 23 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance, soldiers and people's police who were demobilized, discharged, or quit their jobs before December 15, 1993, then transferred to work and participated in compulsory social insurance at agencies, units, and enterprises in economic sectors (including people working in commune, ward, town health care, preschool teachers or people holding positions in communes, wards, and towns before January 1, 1995 that have been counted as the time of social insurance payment) and individuals who have hired or used labor but do not enjoy the allowances prescribed below, will be combined with the time spent in the army and police with the previous time spent on social insurance contributions to calculate the following social insurance contributions:
a) Decision No. 47/2002/QD-TTg dated April 11, 2002 of the Prime Minister on the regime for soldiers and defense workers participating in the resistance war against France who have been demobilized (army, resigned) from December 31, 1960 onwards;
b) Point a, Clause 1, Article 1 of Decision No. 290/2005/QD-TTg dated November 8, 2005 of the Prime Minister on regimes and policies for a number of subjects directly participating in the resistance war against the US to save the country but have not yet enjoyed the regimes and policies of the Party and State;
c) Decision No. 92/2005/QD-TTg dated April 29, 2005 of the Prime Minister on implementing the regime for ethnic minority soldiers in Military Region 7, Military Region 9, participating in the resistance war against the US, returning to their localities before January 10, 1982;
d) Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on implementing the regime for soldiers participating in the resistance war against the US to save the country with less than 20 years of service in the army who have been demobilized or discharged from the army to return to their hometown;
d) Decision No. 38/2010/QD-TTg dated May 6, 2010 of the Prime Minister on amending and supplementing Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on implementing the regime for soldiers participating in the resistance war against the US to save the country who have served in the army for less than 20 years and have been demobilized or discharged to their localities;
e) Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Prime Minister on the regime for People's Public Security officers and soldiers participating in the resistance war against the US with less than 20 years of service in the People's Public Security who have quit their jobs or been discharged from the army and returned to their localities;
g) Decision No. 62/2011/QD-TTg dated November 9, 2011 of the Prime Minister on regimes and policies for subjects participating in the war to protect the Fatherland, performing international missions in Cambodia, helping Laos after April 30, 1975 who were demobilized, discharged, or quit their jobs.
In case the soldier or people's police are demobilized, discharged, or quit their jobs from December 15, 1993 to December 31, 1994 but have not yet resolved the severance allowance or one-time allowance, demobilization allowance, and one-time social insurance, the time of military service or people's police will be counted for social insurance".
Based on the above regulations, readers who returned to their hometowns in December 1996 are not eligible to add their previous military service time to their working time with social insurance contributions later to calculate social insurance benefits.
