Does the maternity leave period count as a basis for calculating seniority allowance for teachers in Vietnam?

Does the maternity leave period count as a basis for calculating seniority allowance for teachers in Vietnam?

According to Article 2 of Decree 77/2021/ND-CP regulating the subjects eligible for seniority allowance for teachers as follows:

Applicable subjects

This Decree applies to teachers who are teaching, educating in public educational institutions and academies, schools, centers tasked with training and fostering under state agencies, political organizations, political-social organizations (hereinafter referred to collectively as public educational institutions) that have been transferred, and arranged for salary according to Decree No. 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. Teachers include public employees specialized in education and training (having codes starting with V.07) and public employees specialized in vocational education (having codes starting with V.09) on the payroll list approved by competent authorities, teaching and educating in public educational institutions funded by the state (including revenues from the state budget and career revenue sources as prescribed by law).

2. Teachers on the payroll list approved by competent authorities, teaching, guiding practice, experiments on training ships, school workshops, stations, farms, practice centers, laboratories, subject rooms of general education institutions, continuing education institutions, vocational education institutions, public higher education institutions.

3. Subjects not specified in Clauses 1 and 2 of this Article but holding codes starting with V.07 and V.09 are not eligible for seniority allowance for teachers.

Based on Clause 2, Article 3 of Decree 77/2021/ND-CP regulating the time periods calculated for and not calculated for seniority allowance as follows:

Time periods calculated for and not calculated for seniority allowance

...

2. Time periods not calculated for seniority allowance

a) Probation period.

b) Period of continuous unpaid leave for 01 month or more.

c) Period of sick leave, maternity leave exceeding the time limit prescribed by law on social insurance.

d) Period of working as experts, studying, interning, surveying in the country and abroad exceeding the time limit decided by the competent authority.

dd) Period of suspension from work or detention to serve investigation, prosecution, and trial.

e) Other periods not working as prescribed in Points a, b, c, d, đ, Clause 2 of this Article.

Therefore, the period of maternity leave for teachers is counted for seniority allowance. However, if it exceeds the time limit prescribed by law on social insurance, it will not be counted as a basis for seniority allowance for teachers.

Does the maternity leave period count as a basis for calculating seniority allowance for teachers in Vietnam? (Image from the Internet)

What are monthly seniority allowance rates for teachers in Vietnam?

Based on Article 4 of Decree 77/2021/ND-CP regulating the seniority allowance rates as follows:

Seniority allowance rates

1. Teachers participating in teaching, education with compulsory social insurance for 5 years (60 months) are entitled to a seniority allowance of 5% of the current salary plus the position allowance, leadership allowance, and exceeding frame seniority allowance (if any). From the sixth year onwards, each year (full 12 months) is calculated an additional 1%.

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

...

Thus, the monthly seniority allowance rates for teachers are as follows:

- Teachers participating in teaching with compulsory social insurance for 5 years (60 months) are entitled to a seniority allowance of 5% of the current salary plus the position allowance, leadership allowance, and exceeding frame seniority allowance (if any).

- From the sixth year onwards, each year (full 12 months) is calculated an additional 1%.

What sources of revenue can be used to implement the seniority allowance policies for teachers in Vietnam?

Based on Clause 1, Article 5 of Decree 77/2021/ND-CP regulating the sources of revenue for implementing the seniority allowance policies for teachers, using the unit's legitimate revenue and the budget ensured by the state, specifically:

- For public educational institutions that ensure both regular and investment expenditures and public educational institutions that ensure regular expenditures: The funding for implementing the seniority allowance policies is ensured from the unit’s career revenue.

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

- For public educational institutions with regular expenditures ensured by the state: The funding for implementing the seniority allowance policies is ensured by the state budget and allocated in the annual budget estimate of the educational institution according to the current state budget management decentralization.