Vietnam: Will the seniority allowance paid to teachers be annulled according to Resolution 27-NQ/TW in 2018?

Will the seniority allowance paid to teachers in Vietnam be annulled according to Resolution 27-NQ/TW in 2018?

In Subsection 3.1 of Section 3 of Resolution 27-NQ/TW 2018, the content related to the reform of allowance policies was mentioned.

Notably, it includes content on rearranging the current allowance policies, ensuring that the total allowance fund accounts for a maximum of 30% of the total salary fund:

According to Resolution 27-NQ/TW 2018, after implementing salary reform and preparing new payrolls, the seniority allowance will be annulled (except for the military, police, and cipher agencies to ensure salary comparability with officials) along with 08 other allowances.

However, in Conclusion 83-KL/TW 2024 on salary reform; adjustments to pensions, social insurance allowances, preferential allowances for people with meritorious services, and social benefits from July 1, 2024, the CPV Central Committee specified the implementation challenges of salary reform according to Resolution 27-NQ/TW 2018 for officials and public employees and armed forces, stating the need for a thorough, comprehensive review, alongside numerous amendments and supplements to the CPV's directives and State laws for Central level review and adjustment of certain contents of Resolution 27-NQ/TW 2018 to suit practical conditions.

Thus, the increase of the statutory pay rate from 1.8 million VND to 2.34 million VND (an increase of 30%) will be applied from July 1, 2024 instead of implementing salary reform and preparing new payrolls according to Resolution 27.

I.e from July 1, 2024, until the salary reform is implemented, teachers will continue to receive the seniority allowance as before.

Will the seniority allowance paid to teachers in Vietnam be annulled according to Resolution 27-NQ/TW in 2018? (Image from the Internet)

When will teachers in Vietnam no longer receive the seniority allowance?

According to Clause 2, Article 3 of Decree 77/2021/ND-CP, the periods not covered by the seniority allowance include:

- Probation period.

- Period of personal leave without pay continuously for one month or more.

- Period of sickness, maternity leave exceeding the prescribed duration under the law on social insurance.

- Periods working as an expert, studying, practicing, working, and surveying domestically and abroad exceeding the time limit decided by the competent authority.

- Period of suspension from work or temporary detainment for investigation, prosecution, and trial purposes.

- Periods of not working outside the above stipulations.

Thus, the above periods will not be included in the eligible period for enjoyment of seniority allowance by teachers.

What are the eligible periods for enjoyment of seniority allowance by teachers in Vietnam?

According to Article 3 of Decree 77/2021/ND-CP, the eligible periods for enjoyment of seniority allowance by teachers are defined as follows:

Eligible and inegilible period for enjoyment of seniority allowance

1. Eligible periods for enjoyment of seniority allowance

The periods for enjoyment of seniority allowance are determined by summing the following periods:

a) Periods of teaching and educating with compulsory social insurance contributions in public educational institutions.

b) Periods of teaching and educating with compulsory social insurance contributions in non-public educational institutions (for educators currently teaching in public educational institutions who previously taught in non-public educational institutions).

c) Working periods for enjoyment of the seniority allowance, including: working periods classified under one of the professional categories or titles in customs, courts, prosecution, auditing, inspection, civil judgment enforcement, forestry inspection, national reserves, party inspection; Working period for enjoyment of seniority allowances in the military, police, cryptography and other sectors (if any).

d) Periods of compulsory military service under the law where seniority allowance is counted prior to undertaking military service.

2. Inegilible periods for enjoyment of seniority allowance

a) Probation period.

b) Period of personal leave without pay continuously for one month or more.

c) Period of sickness, maternity leave exceeding the prescribed duration under the law on social insurance.

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

dd) Period of suspension from work or temporary detainment for investigation, prosecution, and trial purposes.

e) Periods of not working outside the above stipulations under points a, b, c, d, đ of Clause 2, Article 3.

Thus, the eligible periods for enjoyment of seniority allowance by teachers in Vietnam include:

- Periods of teaching and educating with compulsory social insurance contributions in public educational institutions.

- Periods of teaching and educating with compulsory social insurance contributions in non-public educational institutions (for educators currently teaching in public educational institutions who previously taught in non-public educational institutions).

- Working periods for enjoyment of the seniority allowance, including working periods classified under one of the professional categories or titles in customs, courts, prosecution, auditing, inspection, civil judgment enforcement, forestry inspection, national reserves, party inspection;

- Working period for enjoyment of seniority allowances in the military, police, cryptography and other sectors (if any).

- Periods of compulsory military service under the law where seniority allowance is counted prior to undertaking military service.