Do military service and university studies count towards employment time?

(Chinhphu.vn) - Mr. Nguyen Tang Sanh (Gia Lai), born in 1964, enlisted in August 1983 and was discharged in August 1986. From September 1986 to September 1991, he was a university student. From August 1992 to January 2014, he worked at a state-owned enterprise. Since January 2014, he has been a civil servant at a Department. On August 1, 2025, Mr. Sanh will retire early according to Decree No. 178/2024/ND-CP.

Mr. Sanh has not received his military service allowance or severance pay. From August 1992 to March 1996, the company did not pay social insurance contributions for him. The period of continuous social insurance contributions is from April 1996 to July 2025.

Mr. Sanh requested that the authorities guide him on how to combine his service time from two periods: his time in the military and his time studying at university.

Regarding this matter, the Gia Lai Provincial Social Insurance Department responds as follows:

Time served in the military (August 1983 - August 1986)

The conditions for combining periods of military service are implemented according to the provisions of Clause 2, Article 34 of Government Decree No. 158/2025/ND-CP dated June 25, 2025, which details and guides the implementation of some articles of the Law on Social Insurance.

Article 34. Calculation of working time before January 1, 1995 for social insurance benefits.

2. For employees who served as military personnel or public security officers and were discharged or retired before December 15, 1993, and subsequently worked and participated in compulsory social insurance at agencies, units, and enterprises of various economic sectors (including those working in commune, ward, and town health centers, kindergarten teachers, or those holding positions in communes, wards, and towns before January 1, 1995, whose time has already been counted as social insurance contribution time), and individuals who employ or hire labor, the actual time of service in the military or public security before that date will be added to the time of service with social insurance contribution later to calculate social insurance benefits, except in cases where they have already received allowances as stipulated in points a, b, c, d, e, f, and g of this clause.

The application file for adding military service time before January 1, 1995 (for which no lump-sum benefit has been received) to social insurance currently includes:

- Declaration form for adjusting social insurance and health insurance information - Form TK1-TS issued together with Decision No. 366/BHXH dated April 29, 2026 of Vietnam Social Insurance;

- Decisions regarding reinstatement, discharge from military service, or termination of employment;

- A certificate confirming that the individual has not received any allowance under the following Prime Minister's decisions: Decision No. 47/2002/QD-TTg dated April 11, 2002; Decision No. 290/2005/QD-TTg dated November 8, 2005; Decision No. 92/2005/QD-TTg dated April 29, 2005; Decision No. 142/2008/QD-TTg dated October 2, 2008; Decision No. 38/2010/QD-TTg dated May 6, 2010; and Decision No. 62/2011/QD-TTg dated November 9, 2011.

After completing the application according to the instructions above, Mr. Nguyen Tang Sanh contacted the Gia Lai Provincial Social Insurance agency to declare his information and submit the application for consideration of adding his military service time to his social insurance benefits as per regulations.

Time as a university student (September 1986 - September 1991)

According to the provisions of Clause a, Point 7, Section II of Circular No. 13/NV dated September 4, 1972, issued by the Ministry of Interior, which provides guidance and specific regulations on calculating the working time of state employees and workers:

"a. The time spent by workers and employees being sent by their agencies or enterprises to attend professional, political, or cultural training courses, or to attend vocational schools at the primary, secondary, or university level in Vietnam or abroad, is counted as continuous working time (if they remain continuously employed). If a worker or employee voluntarily resigns to attend training (without being sent by their agency), the time spent studying is not counted as working time, while the time before that is counted as working time in general."

b. The time students spend studying at vocational schools, secondary schools, universities, etc., before becoming workers or employees is not counted as working time; working time is only counted from the time they begin working at a state agency or enterprise.

In accordance with the above regulations, in Mr. Nguyen Tang Sanh's case, before going to school, Mr. Sanh was not a state employee or civil servant, nor was he eligible to be sent to school by his agency or enterprise. Therefore, the time he spent studying is not counted as continuous working time for the purpose of calculating social insurance benefits.

Chinhphu.vn

Source: https://baochinhphu.vn/di-bo-doi-va-hoc-dai-hoc-co-duoc-tinh-thoi-gian-cong-tac-102260525105828556.htm