When are teachers in Vietnam entitled to seniority allowances beyond the salary scale?

When are teachers in Vietnam entitled to seniority allowances beyond the salary scale?

Pursuant to Subsection 2 Section 2 of Circular 04/2005/TT-BNV, the criteria and standards for receiving the allowance are as follows:

CONDITIONS AND STANDARDS FOR RECEIVING THE ALLOWANCE

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2. Standards for receiving the seniority allowance beyond the framework:

The standards for receiving the seniority allowance beyond the framework follow the two normal salary grade increase standards stipulated at points 2.1 and 2.2 Section II of Circular 03/2005/TT-BNV throughout the period of holding the last salary grade in the rank or current title or during the period of the year considering additional seniority allowance beyond the framework.

According to Subsection 2 Section II of Circular 03/2005/TT-BNV, the policies for regular salary grade increases are stipulated as follows:

II. REGULATIONS ON REGULAR SALARY GRADE INCREASES

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2. Standards for regular salary grade increases:

Officials and public employees who meet the time conditions of holding the grade in the rank or title as stipulated at point 1.1 Section II of this Circular and are evaluated to meet the following 2 (two) standards throughout the period of holding the old salary grade will be entitled to a regular salary grade increase:

2.1. Complete the annual tasks assigned according to the regulations of the employing agency/unit.

2.2. Do not violate discipline in forms such as reprimand, warning, demotion, or dismissal during the period of holding an elected position.

According to Article 2 of the Law on Public Employees 2010, it stipulates about public employees as follows:

Public Employees

Public employees are Vietnamese citizens who are recruited according to job positions, working at public service providers under policies of work contracts, and receiving salaries from the salary funds of public service providers according to the law.

Thus, teachers are public employees and are entitled to the seniority allowance beyond the framework when:

- They complete the annual tasks assigned according to the regulations of the employing agency/unit.

- They do not violate discipline in forms such as reprimand, warning, demotion, or dismissal during the period of holding an elected position.

What is the seniority allowance beyond the framework for teachers?

Pursuant to Subsection 1.1 Section III of Circular 04/2005/TT-BNV, supplemented by Clause 3 Article 2 of Circular 03/2021/TT-BNV, the regulations on the allowance rate and payment method are as follows:

III. ALLOWANCE RATE AND PAYMENT METHOD

1. Allowance rate:

1.1. Officials and public employees who meet the time conditions and standards for receiving the seniority allowance beyond the framework as stipulated at points 1 and 2 Section II of this Circular are entitled to the seniority allowance beyond the framework as follows:

a) Officials and public employees and employees stipulated at point a of Subsection 1.1 Section II of this Circular, after 3 years (36 months) of holding the last salary grade in the rank or title, are entitled to a seniority allowance beyond the framework of 5% of the salary of the last salary grade in the rank or title; from the fourth year onwards, each year meeting the two standards for the seniority allowance beyond the framework gets an additional 1% calculated.

b) Officials and public employees and employees stipulated at point b of Subsection 1.1 Section II of this Circular, after 2 years (24 months) of holding the last salary grade in the rank are entitled to a seniority allowance beyond the framework of 5% of the last salary grade in the rank; from the third year onwards, each year meeting the two standards for the seniority allowance beyond the framework gets an additional 1% calculated.

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Thus, according to the above regulations and the salary grading for teachers stipulated in Decree 204/2004/ND-CP, the seniority allowance beyond the framework for teachers is determined as follows:

- University lecturers, secondary school teachers, high school teachers: enjoy 5% of the salary of the last salary grade in the rank or title if after 03 years (36 months) have been placed at the last salary grade, from the fourth year onwards an additional 1% is calculated.

- Primary school teachers, preschool teachers: enjoy 5% of the salary of the last salary grade in the rank after 02 years (24 months) have been placed at the last salary grade in the rank. From the third year onwards, an additional 1% is calculated each year.

In which cases are teachers not eligible to be included in the period for considering the seniority allowance beyond the framework in Vietnam?

Pursuant to Sub-point 1.2, point 1, Section II of Circular 04/2005/TT-BNV, amended by Clause 3 Article 2 of Circular 03/2021/TT-BNV, the conditions and standards for receiving the allowance are stipulated as follows:

II. CONDITIONS AND STANDARDS FOR RECEIVING THE ALLOWANCE

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1. Time conditions of holding the last salary grade in the rank or current title

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1.2. The cases that are included and not included in the period for considering the seniority allowance beyond the framework are determined similarly to the cases included and not included in the period for considering a regular salary grade increase as stipulated at points 1.2 and 1.3 of Section II of Circular 03/2005/TT-BNV dated January 5, 2005, of the Ministry of Home Affairs guiding the implementation of policies on regular salary grade increases and early salary grade increases for officials and public employees and employees (hereinafter referred to as Circular 03/2005/TT-BNV).

According to points 1.2 and 1.3 Section II of Circular 03/2005/TT-BNV, the policies for regular salary grade increases are stipulated as follows:

II. REGULATIONS ON REGULAR SALARY GRADE INCREASES

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1. Time conditions of holding the grade in the rank or title:

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1.2. The cases included in the period for considering regular salary grade increases, include:

a) The time officials and public employees take leave from work while receiving full salaries according to state regulations.

b) The time officials and public employees take sick leave, undergo treatment, rehabilitation in the country and abroad, cumulatively not exceeding 6 months (during the time of holding the grade).

c) The time officials and public employees are appointed by the authorized agency to work as experts, study, practice, work, survey in the country and abroad while still on the salary list of the agency/unit.

d) The time of studying in the country and abroad (including personal requests) already removed from the payroll list of the agency/unit. After completing the study, if they are re-employed by the old agency/unit, the actual study time according to the training program (as stated on the issued certificate or training diploma) is included in the period for considering a regular salary grade increase; the new salary grade enjoying time is calculated from the date of signing the decision, the next salary grade increase period is calculated like other regular salary grade increase cases.

1.3. The cases not included in the period for considering regular salary grade increases, include:

a) The time of taking personal leave without salary;

b) The time of expert work, study, practice, work, survey in the country and abroad exceeding the deadline stipulated by the authorized agency;

c) The time of being suspended, detained, or other types of non-working time are not included in the period for considering a salary grade increase.

Thus, the following cases do not include the period for considering the seniority allowance beyond the framework for teachers:

- The time of taking personal leave without salary;

- The time of expert work, study, practice, work, survey in the country and abroad exceeding the deadline stipulated by the authorized agency;

- The time of being suspended, detained;- Other types of non-working time.