The Lao Dong Newspaper Legal Consulting Office replied:
Clause 1, Article 18 of Decree 188/2025/ND-CP stipulates: Some cases that are counted as continuous health insurance participation period to apply the benefit level when having participated in health insurance for 5 consecutive years or more as prescribed in Point d, Clause 1, Article 22 of the Health Insurance Law are specifically regulated as follows:
a) In case of interruption of health insurance participation within 90 days, it is counted as the continuous period of health insurance participation;
b) People who are sent by a competent authority to work, study, work or under the regime of wife, military band or biological children or legally adopted children under 18 years old accompanying a father or mother working for a term at a Vietnamese agency abroad, the time spent abroad is counted as the time participating in health insurance;
c) Employees who work abroad under the Law on Vietnamese Employees working abroad under contracts and in cases where they are sent by state agencies to work abroad, the period of health insurance participation before going to work or working abroad shall be counted as the period of health insurance participation if they continue to participate in health insurance within 30 days from the date of entry;
d) Employees who are applying for unemployment benefits during the procedures prescribed by the Law on Employment, after deducting from the date of termination of the labor contract or employment contract to the date of submission of the application for unemployment benefits, the time they have previously participated in health insurance is counted as the time they have participated in health insurance;
d) Subjects specified in Points a, b and d, Clause 3, Article 12 of the Law on Health Insurance when retiring, being discharged from the army, changing jobs or quitting a job, the time of studying and working in the People's Army, People's Public Security and key organizations shall be counted as the time participating in health insurance.
In case there is not enough basis to determine the time of health insurance participation, the social insurance agency shall base on one of the documents issued by the military unit, police, or unit at the level of showing the working process such as: Social insurance book, decision on demobilization, resignation; residence: soldiers, workers and civil servants of national defense, people's police, unit at the level of regiment and equivalent or higher to determine the time of health insurance participation for the subject;
e) Subjects specified in Point d, Clause 3, Article 12 of the Law on Health Insurance, when ceasing to perform their standing militia service, the service period shall be counted as the time participating in health insurance.
Thus, the above cases will be counted as continuous health insurance participation period to apply the benefit level when having participated in health insurance for 5 consecutive years or more.
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