10:24 | 29/08/2024

Are there seniority allowances for teachers based on the duration of teaching at private schools in Vietnam?

When private school teachers are transferred to work as a public employee at public school, are they eligible for seniority allowances?

Are there seniority allowances for teachers based on the duration of teaching at private schools in Vietnam?

Based on Article 3 of Decree 77/2021/ND-CP stipulating the period for calculating the seniority allowance for teachers:

Time calculated for seniority allowance and time not calculated for seniority allowance

  1. Time calculated for seniority allowance

The time calculated for seniority allowance is determined by the total of the following periods:

a) Teaching and educating time with mandatory social insurance contributions in public educational institutions.

b) Teaching and educating time with mandatory social insurance contributions in non-public educational institutions (for teachers currently teaching and educating in public educational institutions who previously taught and educated in non-public educational institutions).

c) Working time calculated for seniority allowance, including: working time with salary classified under one of the specialized sectors of customs, courts, prosecution, auditing, inspection, civil judgment execution, forest protection, national reserves, party inspection; working time calculated for seniority allowance in the army, police, cipher forces, and working time calculated for seniority in other sectors, professions (if any).

d) Time of performing military service as regulated by law for individuals who were eligible for professional seniority allowance before performing military service.

  1. Time not calculated for seniority allowance

a) Probationary period.

b) Personal leave without pay for a continuous period of 01 month or more.

c) Sick leave, maternity leave exceeding the duration prescribed by social insurance law.

d) Time spent working as experts, studying, interning, going on business, surveying domestically and abroad exceeding the duration decided by the competent authority.

dd) Time being suspended from work or being detained, held in custody for investigation, prosecution, trial.

e) Other periods of not working outside the provisions at points a, b, c, d, dd of clause 2 of this Article.

The teaching time with mandatory social insurance contributions in non-public educational institutions for teachers currently teaching and educating in public educational institutions who previously taught and educated in non-public educational institutions is calculated as the period for seniority allowance for teachers.

Therefore, teaching time at private schools, if teachers have mandatory social insurance contributions, is still calculated for seniority allowance for teachers when they transfer to public schools.

Is Seniority Allowance for Teachers Applicable to Teaching Time at Private Schools?

Are there seniority allowances for teachers based on the duration of teaching at private schools in Vietnam?​ (Image from Internet)

What is the funding source for teachers' seniority allowance in Vietnam?

Based on Article 5 of Decree 77/2021/ND-CP stipulating the sources of funding:

Sources of Funding

  1. The sources of funding for policies on seniority allowance for teachers are derived from the unit's legitimate revenue and the state budget, specifically:

a) For public educational institutions self-financing for recurrent expenditures and investment, and public educational institutions self-financing for recurrent expenditures: The funding for the seniority allowance policies is ensured from the unit's service revenue.

b) For public educational institutions partially covering their own recurrent expenditures: The funding for the seniority allowance policies is ensured from the unit's service revenue and the state budget according to the current state budget management decentralization.

c) For public educational institutions where the State ensures recurrent expenditures: The funding for the seniority allowance policies is ensured by the state budget and allocated in the annual budget estimates of the educational institutions according to the current state budget management decentralization.

  1. In case the State adjusts the statutory pay rate, the ministries, central agencies, and provinces, cities under central authority are responsible for organizing, guiding, reviewing, and aggregating reports on the needs and sources of funding for the seniority allowance policies for teachers into the demand for wage reform according to the current regulations on determining the needs and sources of funding for the annual statutory pay rate adjustment; sent to the Ministry of Finance for review and appraisal as regulated.

As such, the funding source for teachers' seniority allowance is derived from the unit's legitimate revenue and the state budget, specifically:

- For public educational institutions self-financing for recurrent expenditures and investment, and public educational institutions self-financing for recurrent expenditures: The funding for the seniority allowance policies is ensured from the unit's service revenue.

- For public educational institutions partially covering their own recurrent expenditures: The funding for the seniority allowance policies is ensured from the unit's service revenue and the state budget according to the current state budget management decentralization.

- For public educational institutions where the State ensures recurrent expenditures: The funding for the seniority allowance policies is ensured by the state budget and allocated in the annual budget estimates of the educational institutions according to the current state budget management decentralization.

When do teachers in Vietnam receive their seniority allowance?

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

Seniority Allowance Rate

  1. Teachers participating in teaching and educating with mandatory social insurance contributions for a full 5 years (60 months) are eligible for a seniority allowance of 5% of their current salary plus a leadership position allowance and extra-seniority allowance (if any). From the sixth year onwards, each year (full 12 months) adds 1%.
  1. The seniority allowance is calculated and paid together with the monthly salary and is used to calculate social insurance, health insurance, and unemployment insurance contributions and benefits.

...

As such, teachers receive their seniority allowance when they receive their monthly salary, and it is used to calculate social insurance, health insurance, and unemployment insurance contributions and benefits.

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