Are teachers in Vietnam who transfer their work position eligible to continue to receive seniority allowance?

Are teachers in Vietnam who transfer their work position eligible to continue to receive seniority allowance?

Based on Article 2 of Decree 77/2021/ND-CP regarding applicable subjects:

Applicable Subjects

This Decree applies to educators teaching and educating in public educational institutions and academies, schools, and centers tasked with training under state agencies, political organizations, and socio-political organizations (collectively referred to as public educational institutions) which have been reassigned and repositioned according to Decree 204/2004/ND-CP dated December 14, 2004, of the Government of Vietnam on salary policies for officials and public employees and armed forces, including:

1. Educators including public employees in the education and training sector (coded with initial characters V.07) and public employees in the vocational education sector (coded with initial characters V.09) on the payroll list approved by competent authorities, teaching and educating in public educational institutions funded by the state (including revenues from state budget and career revenue as regulated by law).

2. Educators on the payroll list approved by competent authorities, teaching, conducting practice, and experiments in training ships, school workshops, stations, farms, practice centers, laboratories, and subject rooms of common, continuous, vocational, and university-level public educational institutions.

3. Subjects not specified in clauses 1 and 2 of this Article but hold a code with initial characters V.07 and V.09 are not eligible for the teacher seniority allowance.

Therefore, teachers who were previously eligible for seniority allowance, now upon transferring to a new position (although the title has not changed to fit the new job position), are not eligible for the seniority allowance and thus shall not continue to be included in their monthly salary.

Are teachers in Vietnam who transfer their work position eligible to continue to receive seniority allowance? (Image from Internet)

When are teachers in Vietnam not considered for seniority allowance?

Based on Article 3 of Decree 77/2021/ND-CP, teachers are not considered for seniority allowance during the following periods:

- Probation period.

- Period of unpaid leave continuously for 1 month or more.

- Sick leave, maternity leave exceeding the period stipulated by the social insurance law.

- Period of working as an expert, studying, training, working, surveying domestically and abroad exceeding the time limit decided by competent authorities.

- Period of suspension from work or temporary detention, imprisonment for investigation, prosecution, trial.

- Other non-working periods not specified above.

How long must teachers in Vietnam participate in teaching and educating with mandatory social insurance to qualify for seniority allowance?

Based on Article 4 of Decree 77/2021/ND-CP on the seniority allowance rate:

Seniority Allowance Rate

1. Teachers participating in teaching, educating with mandatory social insurance for 5 years (60 months) are eligible for a seniority allowance of 5% of their current salary plus the position allowance and seniority allowance beyond the frame (if any). From the sixth year onwards, each year (full 12 months) they receive an additional 1%.

2. The seniority allowance is calculated and paid together with the monthly salary and is used to calculate and enjoy social insurance, health insurance, and unemployment insurance.

3. The formula for calculating the monthly seniority allowance:

...

Therefore, teachers participating in teaching, educating with mandatory social insurance for 5 years (60 months) are eligible for the seniority allowance.

What is the formula for calculating the monthly seniority allowance for teachers in Vietnam?

Clause 3 of Article 4 Decree 77/2021/ND-CP regulates the formula for calculating the monthly seniority allowance for teachers as follows: