10:49 | 28/08/2024

Are Private School Teachers in Vietnam eligible for Seniority Allowance for Educators in Vietnam?

Are teachers working in private educational institutions in Vietnam eligible for the seniority allowance policies?

Are Private School Teachers in Vietnam eligible for Seniority Allowance for Educators in Vietnam?

Based on Article 2 of Decree 77/2021/ND-CP concerning the applicable subjects as follows:

Applicable Subjects

This Decree applies to teachers currently teaching and educating in public educational institutions and academies, schools, and centers tasked with training and retraining under state agencies, political organizations, and socio-political organizations (hereinafter referred to as public educational institutions) that have been re-ranked and graded according to Decree No. 204/2004/ND-CP dated December 14, 2004, of the Government of Vietnam concerning salary policies for officials and public employees, and armed forces, including:

  1. Teachers including public employees in the education and training sector (with position codes starting with V.07) and public employees in the vocational education sector (with position codes starting with V.09) on the payroll list approved by competent authorities, currently teaching in public educational institutions funded by the state (including funds from the state budget and other sources of revenue as regulated by law).
  1. Teachers on the payroll list approved by competent authorities, currently teaching, guiding practices, and conducting experiments at training ships, school workshops, stations, camps, practice centers, laboratories, and department rooms of general education institutions, continuing education institutions, vocational education institutions, and public higher education institutions.
  1. Subjects not specified in Clauses 1 and 2 of this Article who hold position codes starting with V.07 and V.09 are not entitled to the teacher seniority allowance.

Thus, the seniority allowance only applies to teachers in public educational institutions and does not apply to private educational institutions.

Therefore, private school teachers are not entitled to the teacher seniority allowance.

Are Private School Teachers Entitled to Teacher Seniority Allowance?
Are Private School Teachers in Vietnam eligible for Seniority Allowance for Educators in Vietnam? (Image from the Internet)

What are the periods during which teachers in Vietnam do not receive seniority allowances?

According to Article 3 of Decree 77/2021/ND-CP, the periods that are not counted towards the seniority allowance for teachers are as follows:

- Internship period.

- Period of unpaid leave for personal reasons continuously for 01 month or more.

- Period of sickness and maternity leave exceeding the durations prescribed by the law on social insurance.

- Period of working as an expert, studying, internship, business trip, or survey both domestically and abroad exceeding the duration decided by the competent authority.

- Period of suspension from work or detention for investigation, prosecution, and trial purposes.

- Period of doing other work aside from the periods mentioned above.

What is the current seniority allowance rate for teachers in vietnam?

Based on Clause 1, Article 4 of Decree 77/2021/ND-CP, the seniority allowance rate is as follows:

Seniority Allowance Rate

  1. Teachers participating in teaching and education who have paid compulsory social insurance for 5 years (60 months) are entitled to a seniority allowance of 5% of their current salary plus any leadership position allowance and seniority beyond-scale allowance (if any). From the sixth year onward, each year (12 full months) is entitled to an additional 1%.

Therefore, the current seniority allowance rate for teachers is 5% of their current salary, plus any leadership position allowance and seniority beyond-scale allowance (if any).

Teachers working from the sixth year onward, each year (12 full months), are entitled to an additional 1%.

What are sources of the funds to pay the seniority allowance for public school teachers in Vietnam?

At Article 5 of Decree 77/2021/ND-CP:

Source of Funds

  1. The funding for implementing the seniority allowance policies for teachers is derived from the unit’s lawful revenues and the state budget, specifically:

a) For public educational institutions self-financing their recurrent and investment expenditures and those self-financing their recurrent expenditures: The funds to implement the seniority allowance policies are guaranteed by the unit’s professional revenues.

b) For public educational institutions partially covering their own recurrent expenditures: The funds to implement the seniority allowance policies are guaranteed by the unit’s professional revenues and the state budget according to the current state budget management decentralization.

c) For public educational institutions with state-guaranteed recurrent expenditures: The funds to implement the seniority allowance policies are guaranteed by the state budget and included in the annual budget estimates of the educational institutions according to the current state budget management decentralization.

...

Thus, the funds to pay the seniority allowance for public school teachers with state-guaranteed recurrent expenditures are guaranteed by the unit’s professional revenues and the state budget according to the current state budget management decentralization.

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