What are the downsizing principles for teachers in Vietnam?

What are the downsizing principles for teachers in Vietnam?

According to Article 3 of Decree 29/2023/ND-CP, the downsizing principles for teachers are as follows:

- Ensure the leadership of the Communist Party, promoting the supervisory role of political and social organizations and the people during the process of streamlining staff.

- Associate downsizing with the organization of a downsized apparatus, efficient and effective operation, and restructuring and improving the quality of officials and public employees according to job positions, in accordance with the autonomy mechanism of agencies, organizations, and units.

- Ensure principles of democratic centralism, objectivity, fairness, publicity, transparency, and compliance with the law.

- Ensure prompt and full payment of policies and staff reduction policies in accordance with the law, ensuring the effective use of the state budget.

- The head must be responsible for the results of downsizing in the agencies, organizations, or units assigned under their management authority.

- Individuals subject to downsizing, if re-elected or re-recruited into agencies, organizations, or units receiving salaries from the state budget within 60 months from the date of streamlining, must return the received allowance to the agency, organization, or unit that paid the allowance.

What are the downsizing principles for teachers in Vietnam? (Image from the Internet)

Are female teachers on maternity leave subject to downsizing in Vietnam?

According to clause 1 of Article 4 of Decree 29/2023/ND-CP, regulations on subjects not yet downsized are as follows:

Subjects not yet downsized

1. Those who are pregnant, on maternity leave, or raising children under 36 months old, except in cases where the individual voluntarily opts for downsizing.

2. Those under disciplinary review, facing criminal prosecution, or being investigated or inspected for signs of violations.

Thus, female teachers on maternity leave are not yet subject to downsizing.

What is the reference salary used to calculate the downsizing allowances in Vietnam?

According to clause 1 of Article 10 of Decree 29/2023/ND-CP, regulations on determining the time and salary for calculating the severance allowance during downsizing are as follows:

Determining the time and salary for calculating the severance allowance during downsizing

1. The reference salary used for calculating the severance allowance is the salary of the month immediately preceding the streamlining. The monthly salary is calculated to include: salary according to rank, grade, position, title, professional title, or the agreed salary in the labor contract or the manager's salary; position allowances, seniority allowances beyond the frame, professional seniority allowances, salary difference and retention amounts (if any) according to salary regulations.

2. Average salary is the average monthly salary of the last 5 years (60 months) before the downsizing. For cases with less than 5 years (less than 60 months) of social insurance contributions, the average monthly salary for the entire working period applies.

3. The date used as the basis for calculating the retirement age for early retirement policies is the first of the month immediately following the birth month of the individual; if the individual’s record does not specify the day and month of birth, January 1 of the birth year is used.

4. The duration for calculating severance allowances stipulated in Articles 5, 6, 7, and 8 of this Decree is the total period of compulsory social insurance contributions (according to each person's social insurance record) but without receiving severance allowances or one-time social insurance benefits or discharge or demobilization policies. If the total period for calculating allowances includes odd months, they are rounded: from 01 month to 06 months is considered half a year and is entitled to half-year allowance; from over 06 months to under 12 months is considered as one year.

5. The period for calculating early retirement allowances stipulated in Articles 5 and 8 of this Decree, if it includes odd months, is rounded: from 01 month to 06 months is considered half a year and is entitled to half-year allowance; from over 06 months to under 12 months is considered as one year.

Therefore, the reference salary used to calculate the downsizing allowances is the salary of the month immediately preceding the streamlining. The monthly salary is calculated to include:

- Salary according to rank, grade, position, title, professional title, or the agreed salary in the labor contract or the manager's salary;

- Position allowances, seniority allowances beyond the frame, professional seniority allowances, salary difference and retention amounts (if any) according to salary regulations.