IS THERE ANY ACCRUAL OF SOCIAL INSURANCE FROM 1995 UP TO NOW?

My father worked in district K, TH province for 15 years and he paid social insurance for 15 years. From 1985 to 1994, he worked in a state agency in district K, TH province. During which time, he paid social insurance for 09 years without a social insurance book. Can my father carry out the procedure for the accrual of Social Insurance from 1995 up to now? What does the application consist of?

Looking forward to hearing from FDVN Law Firm soon.

FDVN's opinion:

[1]. Is there any accrual of Social Insurance from 1995 up to now?

According to Clause 6, Article 123 of Law on Social Insurance 2014:

“Article 123. Transitional provisions

…

6. Employees who had worked in the state sector before January 1, 1995, and fully satisfy the conditions for enjoying severance allowance or lump-sum allowance or demobilization allowance but have not yet enjoyed such allowance, such working period shall be regarded as a period of social insurance premium payment. The calculation of the working period prior to January 1, 1995, for enjoying social insurance allowances must comply with the previous regulations on calculation of the working period prior to January 1995, for enjoying social insurance allowances for cadres, civil servants, public employees, workers, army men, and employees in the people’s public security force.”

According to the information provided by you and the above regulations, the time from 1984 to 1994 which was your father’s social insurance payment at a State agency without a social insurance book shall be considered the time of social insurance payment if the severance allowance or lump-sum subsidy has not been paid.

Besides, according to Clause 3, Article 27 of Decision No.595/QĐ-BHXH:

 “Article 27. Reissuance, replacement of social insurance books and health insurance cards and adjustments to contents thereof:

3. Confirmation of payment period of social insurance for participants whose payment period is added but they are not subject to social insurance and adjustment to occupations that are heavy, toxic, or dangerous or extremely heavy, toxic, or dangerous prior to January 01, 1995.”

For this reason, your father needs to carry out the procedure to adjust the contents of the social insurance book for the accrual of Social Insurance.

[2]. Procedure for confirming the payment period of social insurance for participant whose accrual of Social Insurance was counted from Jan 1995:

According to the above regulations and Appendix 01 issued together with the Decision 595/QD-BHXH, your father needs to prepare the application as follows:

• A declaration of participating the social insurance or adjusting the information (Form TK1-TS);
• The social insurance book;
• Original curriculum vitae and additional curriculum vitae (if any) of the employee, reception decision, labor contract, other relevant documents such as Decision on a salary increase, the decision to transfer, decision on demobilization of the army, change of major, termination of salary payment...;
• A written confirmation from the head of the unit demonstrating that the employee is on the list of the unit at the time of the decision to leave work and has not received lump-sum benefits.

After preparing all the necessary documents, your father submit to the social insurance agency in district K, or contact the agency where he is working for being supported in adjusting the time of social insurance payment on his social insurance book.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal Advisor: Nguyen Thi Suong

FDVN Law Company

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