Vietnam: Shall the probationary period included in the period required for receiving seniority allowances for educators?

Shall the probationary period included in the period required for receiving seniority allowances for educators in Vietnam?

Under Point a, Clause 2, Article 3 of Decree 77/2021/ND-CP, the periods not included in the period required for receiving seniority allowances in Vietnam include:

Periods included for and not included in the period required for receiving seniority allowances

...

2. Periods not included in the period required for receiving seniority allowances

a) Probationary period.

b) Periods of personal leave without pay lasting continuously for 01 month or more.

c) Periods of sick leave, maternity leave exceeding the statutory limits provided by social insurance laws.

d) Periods of working as experts, studying, undergoing internships, working, or surveying domestically and abroad exceeding the duration decided by the competent authority.

dd) Periods of being temporarily suspended from work, detention, or custody for investigation, prosecution, and trial purposes.

e) Other times not working as specified in Points a, b, c, d, dd of Clause 2 of this Article.

Thus, the probationary period is not included in the period required for receiving seniority allowances for educators in Vietnam.

Shall the probationary period included in the period required for receiving seniority allowances for educators in Vietnam? (Image from the Internet)

What periods are included in the period required for receiving seniority allowances for educators in Vietnam?

According to Article 3 of Decree 77/2021/ND-CP, periods included in the period required for receiving seniority allowances are determined by the total of the following periods:

- Periods of teaching or educating with mandatory social insurance contributions in public education and training institutions.

- Periods of teaching or educating with mandatory social insurance contributions in non-public education and training institutions (for educators currently teaching in public education and training institutions who previously taught in non-public education and training institutions).

- Periods of work included in the period required for receiving seniority allowances, including work periods salaried under one of the customs, court, procuracy, audit, inspection, civil judgment enforcement, forestry, national reserve, party inspection branches; periods of work included in the period required for receiving seniority allowances in the army, police, cryptography services, and other sectors or professions (if any).

- Periods of military service stipulated by law where the individual was entitled to a seniority allowance before military service.

How much is the current seniority allowance for educators in Vietnam?

According to Article 4 of Decree 77/2021/ND-CP regarding the seniority allowance for educators:

Seniority allowance

1. Educators who participate in teaching and educating and have paid compulsory social insurance premiums for 5 years (60 months) are entitled to a seniority allowance of 5% of their current salary plus leader allowance and extra-seniority allowance (if any). From the sixth year onward, an additional 1% is calculated for each year (12 months).

2. The seniority allowance is paid along with the monthly salary and is used to calculate contributions and benefits for social insurance, health insurance, and unemployment insurance.

3. Calculation formula for monthly seniority allowance:

Thus, the current seniority allowance for educators who participate in teaching and educating and have paid compulsory social insurance premiums for 5 years (60 months) is 5% of their current salary plus leader allowance and extra-seniority allowance (if any).

From the sixth year onward, an additional 1% is calculated for each year (12 months).

Furthermore, the formula for calculation of monthly seniority allowance is as follows:

According to Clause 2, Article 3 of Decree 73/2024/ND-CP, the statutory pay rate is as follows:

 

Statutory pay rate

1. The statutory pay rate shall be used as the basis for:

a) Calculating salaries in payrolls, allowances and other benefits as per the law with regard to individuals defined in Article 2 of this Decree;

b) Calculating operation funding and subsistence allowances as per the law;

c) Calculating deductions and benefits according to the statutory pay rate.

2. From July 01, 2024, the statutory pay rate is VND 2,340,000 per month.

...

From July 01, 2024, the statutory pay rate is 2,340,000 VND/month.

Who is eligible for the seniority allowance for educators in Vietnam?

According to Article 2 of Decree 77/2021/ND-CP, the persons eligible for the seniority allowance for educators include educators currently teaching and educating in public education and training institutions and academies, schools, and centers performing training and retraining tasks under state agencies, political organizations, political-social organizations (collectively referred to as public education and training institutions), including:

- Educators who are public employees in the education and training sector (having the initial characters V.07 in their code) and public employees in vocational education (having the initial characters V.09 in their code) on the payroll approved by a competent authority, currently teaching and educating in public education and training institutions funded by the state (including revenues from the state budget and other legally regulated operational revenues).

- Educators on the payroll approved by a competent authority, currently teaching, guiding practice, and conducting experiments on training ships, in school workshops, stations, farms, practice centers, laboratories, and school subject rooms in public general education institutions, continuing education institutions, vocational education institutions, and public higher education institutions.

Note: Those holding codes with initial characters V.07 and V.09 are not eligible for the seniority allowance for educators.