When are retired teachers eligible for seniority allowance policies in Vietnam?
When are retired teachers not eligible for seniority allowance policies in Vietnam?
Pursuant to the provisions of Article 2 Decree 14/2020/ND-CP, retired teachers who have not received seniority allowance policies in their pension are eligible for seniority allowance policies if they fall into one of the following cases:
(1) Teachers at public institutions:
- Retired while directly teaching;
- Retired awaiting the eligibility age for a pension and preserving social insurance contribution time to receive a pension from January 1, 1994 - May 31, 2011.
(2) Teachers at semi-public educational institutions but previously transferred from public educational institutions or at semi-public educational institutions converted by authorized entities from public educational institutions, and paid according to the salary scale for public employees in the education sector:
- Retired while directly teaching and educating;
- Retired awaiting the eligibility age for a pension and preserving social insurance contribution time to receive a pension from January 1, 1994 - May 31, 2011.
(3) Teachers engaged in teaching and education at public educational institutions sent by competent authorities as educational experts abroad: Upon completion of their term as experts and returning to the country, they retire immediately.
(4) Retired teachers who have taught at classes organized at youth volunteer units without receiving any policies from the State for youth volunteers.
(5) Teachers who are military personnel, police officers, or cryptologic workers who then switched to teaching at public educational institutions: Upon retirement, teachers who receive a pension containing allowances for armed forces seniority but not for teacher seniority.
Additionally, pursuant to Article 3 Decree 14/2020/ND-CP, teachers in one of the above categories are eligible for seniority allowance policies in their pension if they meet the following conditions:
- Directly teaching, educating, guiding practice, and participating in social insurance for 5 years (60 months) or more;
- Retiring from January 1, 1994, to May 31, 2011.
- Receiving a pension as of January 1, 2012.
In cases where pension payment is temporarily suspended according to the provisions of the 2014 Social Insurance Law, they will receive the allowance once their pension payments resume.
When are retired teachers eligible for seniority allowance policies in Vietnam? (Image from the Internet)
How to calculate the seniority allowance for retired teachers in Vietnam?
Pursuant to Article 4 Decree 14/2020/ND-CP, retired teachers who have not received allowance policies in their pension are entitled to a lump-sum allowance calculated as follows:
Allowance amount = (monthly pension x 10%) x number of years eligible for allowance
In which:
- Monthly pension is the pension amount for the month when Decree 14/2020/ND-CP takes effect;
- The number of years eligible for allowance is the total time directly teaching, educating, and guiding practice at educational institutions, the time teaching at classes organized at youth volunteer units if not continuous, will be accumulated, excluding time already receiving seniority allowance for armed forces and other sectors (if any) in the pension.
Odd months from 3 to 6 months are counted as half a year; from over 6 months to under 12 months are counted as 1 year.
Note: In cases where the teacher is eligible for an allowance according to this Decree but passed away from January 1, 2012, onward without receiving the allowance, the authorized representative of the deceased's relatives (including spouse, parents, adoptive parents, biological children, adopted children of the deceased) will fill out the application and receive the allowance according to the regulations.
The authorized representative of the deceased teacher's relatives is responsible before the law for the application and the received allowance amount.
What does an application for seniority allowance policies for retired teachers in Vietnam include?
According to Article 5 Decree 14/2020/ND-CP, the documents required to apply for seniority allowance policies for teachers receiving pensions include:
- For teachers currently receiving pensions: Application form requesting allowance.
- For teachers eligible for the allowance who passed away from January 1, 2012, onward without having received the allowance, the documents include:
+ Application form requesting allowance from relatives.
+ A photocopy of the Death Certificate or Death Notice or Court Decision declaring the person as deceased (bring the original for verification).
+ Authorization letter; if there is only one relative, this authorization letter is not required.
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