Is the temporary detention period without conviction of a teacher in Vietnam covered by seniority allowance?

Is the temporary detention period without conviction of a teacher in Vietnam covered by seniority allowance?

Under Article 3 of Decree 77/2021/ND-CP, the provisions are as follows:

Time considered for and not considered for seniority allowance

1. Time considered for seniority allowance

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

a) The period of teaching, education with compulsory social insurance contributions in public educational institutions.

b) The period of teaching, education with compulsory social insurance contributions in non-public educational institutions (for teachers currently teaching, educating in public educational institutions who have previously taught or educated in non-public educational institutions).

c) The period of work eligible for seniority allowance, including: working time with salary according to one of the customs, courts, prosecutors, auditing, inspection, civil judgment execution, forestry protection, national reserves, party inspection branches; working time eligible for seniority allowance in the military, police, cipher agencies and seniority time in other industries, professions (if any).

d) The period of military service according to the law where prior to the military service one was receiving the professional seniority allowance.

2. Time not considered for seniority allowance

a) Probation period.

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

c) Period of sick leave, maternity leave exceeding the time limit according to the social insurance law.

d) Period of working as an expert, studying, interning, working, surveying domestically and abroad exceeding the time limit decided by the competent authority.

đ) Period of temporary suspension from work or temporary detention for investigation, prosecution, trial purposes.

e) Other working periods not specified in points a, b, c, d, đ of Clause 2 of this Article.

Under the above regulations, if teachers undergo a temporary detention period without conviction, this period will not be included in the period covered by seniority allowance.

Is the temporary detention period without conviction of a teacher in Vietnam covered by seniority allowance? (Image from the Internet)

Who is entitled to the teacher’s seniority allowance in Vietnam?

According to Article 2 of Decree 77/2021/ND-CP, individuals entitled to the teacher’s seniority allowance include teachers who are teaching, educating in public educational institutions and academies, schools, centers tasked with training, retraining under state agencies, political organizations, social-political organizations (hereinafter collectively referred to as public educational institutions), including:

- Teachers include public employees in the education and training sector (having a code starting with V.07) and public employees in the vocational education sector (having a code starting with V.09) on the payroll list approved by the competent authority, currently teaching, educating in public educational institutions funded by the State (including funds from the state budget and revenue from career services in accordance with the law).

- Teachers on the payroll list approved by the competent authority, currently teaching, guiding practice, experimenting on training ships, workshops, stations, farms, practice centers, laboratories, and subject rooms of general education institutions, continuing education institutions, vocational education institutions, public higher education institutions.

Note: Individuals not falling into the above categories who hold a code starting with V.07 and V.09 are not entitled to the teacher’s seniority allowance.

What are the funding sources for paying seniority allowances for teachers in Vietnam?

Under Article 5 of Decree 77/2021/ND-CP, the funding for paying seniority allowances for teachers in Vietnam is derived from the legitimate income of the units and the budget ensured by the state, specifically:

- For public educational institutions self-covering regular and investment expenditures and public educational institutions self-covering regular expenditures: Funds for implementing seniority allowance policies are ensured from the unit's career income.

- For public educational institutions partially covering their own recurrent expenditures: Funds for implementing seniority allowance policies are secured from the unit's career income and state budget allocations according to the current budget management decentralization.

- For public educational institutions with recurrent expenditures ensured by the State: Funds for implementing seniority allowance policies are ensured by the state budget and included in the annual budget estimates of the educational institution according to the current budget management decentralization.

In case the State adjusts the statutory pay rate, ministries, central authorities, and provinces are responsible for organizing, guiding, reviewing, and summarizing the needs, and funding sources for paying seniority allowances for teachers into the needs for salary reform according to current regulations on determining demand, funding sources for adjusting statutory pay rate annually; send to the Ministry of Finance for consideration and appraisal according to regulations.