Calculating the time paying social insurance premiums when working interrupted
Mr. Dinh Ha Trieu (Binh Dinh) enlisted in March 1981, demobilized in April 1985, including 3 years and 10 months on international duty in Cambodia. The military unit issued the decision to change his profession in October 1985 (5 months waiting time).
The period assigned by the agency to study is counted as continuous working time (if still working continuously).
Mr. Trieu reserved his entrance exam results to university in 1980 (before enlistment). In October 1985, he entered Quy Nhon University of Education, graduated in August 1989, the period studying at university was 3 years and 11 months.
He has been teaching at a semi-public high school in Binh Dinh province since October 1996, receiving a salary according to the rank of a high school teacher (the payroll contract included payments of social insurance, health insurance, unemployment insurance according to regulations, fully entitled to class leader allowance, seniority allowance and position allowance for professional team leader, also had social insurance books).
In 2012, the school was transformed into a partially self-financed public school. Since 2014, he has been specially assigned to the rank of high school teachers with code V.07.05.15 and is still working until now. The gap of interruption between university graduation and teaching is 7 years.
Mr. Trieu asked whether he is allowed to add the military period of 4 years and 2 months, and the 5 month period waiting for the decision to change the profession, and the university studying period of 3 years 11 months, in total is 8 years and 6 months, to the time of paying social insurance (from October 1996) or not?
Regarding this issue, the Vietnam Social Insurance Administration replied as follows:
According to the provisions of Point a, Clause 4, Section V of the Inter-ministerial Circular No. 03-TT/LB dated January 25, 1961 of the Ministry of Labor and the Ministry of Home Affairs, explaining and guiding the implementation of the regime for military personnel transferred professions, it stipulates:
“The soldiers who change majors to join supplementary classes on politics, culture, technology, and professions at universities and elementary schools, and supplement on worker and peasant culture are entitled to social insurance benefits and general welfare, etc. like cadres, public officers and servants attending school stipulated in the Prime Minister's Circular No. 287/TTg of November 21, 1960 and Circular No. 70-NV/CB of December 16, 1960 of the Ministry of Home Affairs" and the provisions of Clause a, Point 7, Section II of Circular No. 13/NV of September 4, 1972 of the Ministry of Home Affairs guiding and specifying working time calculation of State officers: “The time when cadres, public officers and servants are sent by agencies or enterprises to attend professional, political and cultural classes, and professional elementary, secondary schools, universities in the country or abroad are counted as continuous working time (if still working continuously)”.
According to the content provided, Mr. Trieu was decided by the military unit to change his profession and then went to university, after graduating from university (from August 1989 to October 1996), however, his working time was interrupted for unknown reasons.
Therefore, the social insurance agency does not have a basis to calculate the social insurance benefits during his period served in the army and his period at school. He was requested to provide documents related to the above time to the social insurance agency for consideration and settlement.
By: Online Newspaper of the Government/ Translator: Viet Nguyen-Bizic
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