After the 7th session of the 15th National Assembly, voters of Hung Yen province made recommendations regarding policies for those who were demobilized, discharged, or quit their jobs before December 15, 1993.
"It is proposed to consider and add subjects with working time in the people's army who were demobilized, discharged, or quit their jobs before December 15, 1993 and did not participate in compulsory social insurance to be counted as working time to receive one-time social insurance benefits or to have their voluntary social insurance payment period added together" - voters of Hung Yen province stated.
Responding to this content, the Ministry of National Defense said that according to the provisions of Clause 6, Article 123 of the Law on Social Insurance 2014, if employees have worked in the state sector before January 1, 1995 and are eligible for but have not yet received severance pay or one-time allowance, discharge allowance, or demobilization allowance, that time will be counted as the time of social insurance payment.
The calculation of working time before January 1, 1995 to enjoy social insurance is carried out according to previous regulations on calculating working time before January 1, 1995 to enjoy social insurance of cadres, civil servants, public employees, workers, soldiers, and people's police.
On December 15, 1993, the Prime Minister issued Decision No. 595/TTg on the regime for soldiers and people's police upon demobilization; on March 28, 1994, the joint ministries of National Defense, Labor - Invalids and Social Affairs, and Finance issued Joint Circular No. 448/TT-LB guiding the implementation of the regime for demobilized soldiers (effective from December 15, 1993).
Accordingly, the time of service in the military upon discharge is counted as a one-time discharge allowance paid by social insurance. Therefore, cases that have received a one-time allowance paid by social insurance cannot have the time spent receiving the one-time allowance added to the later service period to calculate social insurance benefits.
In Clause 9, Article 23 of Decree No. 33/2016/ND-CP dated May 10, 2016 of the Government detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance for military personnel, people's police and people working in secretarial work receiving salaries as for military personnel, in the case of military personnel who were demobilized, discharged or quit their jobs before December 15, 1993, then transferred to work with compulsory social insurance contributions at state agencies, units, enterprises, receiving salaries from the state budget or enterprises of economic sectors without enjoying the subsidy regime according to one of the Decisions of the Prime Minister, the previous working time in the military, police, secretarial work shall be combined with the working time with social insurance contributions later to calculate social insurance benefits.
"Thus, according to the provisions of the 2014 Law on Social Insurance and the implementing guidance document, there is no provision for adding together the military service time for soldiers who were demobilized, discharged, or quit their jobs before December 15, 1993 and did not participate in compulsory social insurance with the time of voluntary social insurance payment later," the Ministry of National Defense stated.
