(Chinhphu.vn) - According to regulations, for officials at communal level who hold the title under the Decree No. 09/1998 / ND-CP, the interruption time before January 1998 is not more than 12 months, the time shall be added byprevious working time with later working time to calculate social insurance.

Mr. Huynh Van Duc (in Tien Giang Province) had a working time in Tien Giang Province as follows:

- February 1980 to September 1984: Be a teacher taught at My Phuoc junior high school, Chau Thanh District.

- September 1984 to 9/1990: Be Vice principal of My Phuoc junior high school, Chau Thanh District.

- October 1991 to September 1993: Be a Head of the Secretariat of the People's Council of My Phuoc Commune, Chau Thanh District.

- October 1993 to July 1994: Be Deputy Secretary of the Party Committee of My Phuoc Commune, Chau Thanh District.

- August 1994 to August 1995: Be Secretary of Party Committee of My Phuoc Commune, Chau Thanh District.

- September 1995 to February 2001: Be a Secretary of the Party of the commune, be Head of the hamlet, Deputy Head of My Loi hamlet, Phuoc Lap Commune, Tan Phuoc Dstrict.

- March 2001 up to now: Deputy Secretary of Party of Phuoc Lap Commune, Tan Phuong District.

During the working period from February 1980 to September 1990, Mr. Duc received a lump sumof allowance, so his participation in social insurance is only calculated from March 2001 up to now. During the course of his work, Mr. Duc always fulfilled his duties well, not being disciplined. In the period from October 1991 to February 2001, he did not receive the severance and lump-sum allowance.

Regarding this issue, the Vietnam Social Insurance responds as follows:

Mr. Huynh Van Duc had a working experience from October 1991 to September 1993 as Head of the Secretariat of the People's Council of My Phuoc Commune. According to the provisions of Point 2, Article 2 of the Decree No. 46-CP of June 23, 1993 of the Government on the regime of subsistence expenses for Party cadres, authorities and operation funds of the mass organizations in Communes, wards and towns and Official Dispatch No. 200 / BTCCBCP-CQĐP dated April 14, 2000 of the Government Commission on Organization and Personnel on the title of Head of the Secretariat of the Commune People's Council, the title of Head of the Secretariat People in the commune are equivalent to the title of Deputy Secretary of the Party Committee of the Commune under the title of the Decree No. 09/1998 / ND-CP dated January 23, 1998 of the Government amending and supplementing the Decree No. 50 / CP dated 26 July 7, 1995 of the Government on the regime of subsistence expenses for commune, ward and township officials.

From October 1993 to July 1994, Mr. Duc was the Deputy Secretary of My Phuoc Commune’s Party Committee (under the title of the Decree No. 09/1998 / ND-CP); from August 1994 to August 1995, he was Secretary of My Phuoc Commune’s Party Committee (in the title under Decree No. 09/1998 / ND-CP); From September 1995 to February 2001, it was the Party Secretary, Head of the Hamlet, Deputy Head of My Loi Hamlet, Phuoc Lap Commune (these titles were not in the title of the Decree No. 09/1998 / ND-CP). ; Since March 2001, he has been Deputy Secretary of Phuoc Lap Commune’s Party Committee (under the title of Decree No. 09/1998 / ND-CP).

Pursuant to Point d, Clause 6, Article 8 of the Joint Circular No. 03/2010 / TTLT-BNV-BTC-BLĐTBXH of May 27, 2010, of the Ministry of Home Affairs, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs The Association guides the implementation of the Government's Decree No. 92/2009 / ND-CP of October 22, 2009, on titles, numbers, a number of regimes and policies for officials and public employees in communes and wards, towns and the non-specialized activists at the commune level: “For commune officials holding titles under the Decree No. 09/1998 / ND-CP, there is an interruption period before January 1998 not exceeding 12 months. Then, they can connect the previous working time with the later working time to calculate social insurance ”.

Comparing the above provisions, Mr. Duc had a period of time from September 1995 to February 2001 that was not a commune official holding the title under the Decree No. 09/1998 / ND-CP, thus the time of interruption from September 1995 to January 1998 over 12 months and the period from January 1998 to February 2001 was not subject to social insurance as prescribed.

Therefore, the working time from 10/1991 to 2/2001 of Mr. Duc is not connected with the time of participating in social insurance later to calculate social insurance.