15:16 | 02/08/2024

Which individuals are eligible for seniority allowance for teachers in Vietnam?

According to current regulations, which individuals are eligible for seniority allowance for teachers in Vietnam?

Which individuals are eligible for seniority allowance for teachers in Vietnam?

According to Article 2 of Decree 77/2021/ND-CP, individuals eligible for the teacher seniority allowance are teachers currently teaching and educating in public educational institutions and academies, schools, centers tasked with training and retraining under government agencies, political organizations, and socio-political organizations (hereinafter collectively referred to as public educational institutions), including:

- teachers who are public employees specializing in education and training (with codes starting with V.07) and public employees specializing in vocational education (with codes starting with V.09) on the payroll approved by competent authorities, currently teaching and educating in public educational institutions funded by the State (including revenue from the state budget and other legal sources of revenue).

- teachers on the payroll approved by competent authorities, currently teaching, guiding practice, and conducting experiments on training ships, school workshops, stations, farms, practice centers, laboratories, and specialized rooms of public general education institutions, continuous education institutions, vocational education institutions, and public higher education institutions.

Note: The individuals mentioned above with codes starting with V.07 and V.09 are not eligible for the teacher seniority allowance.

Who is eligible for the teacher seniority allowance?

Which individuals are eligible for seniority allowance for teachers in Vietnam?​ (Image from the Internet)

What is the period considered for the seniority allowance calculation in Vietnam?

According to Clause 1, Article 3 of Decree 77/2021/ND-CP, the period considered for the calculation of the teacher seniority allowance is determined by the total of the following periods:

- The period of teaching and educating with mandatory social insurance contributions in public educational institutions.

- The period of teaching and educating with mandatory social insurance contributions in non-public educational institutions (for teachers currently teaching and educating in public educational institutions who previously taught and educated in non-public educational institutions).

- The period of service considered for seniority allowance, including: the period of work in one of the grades or positions in customs, court, prosecution, auditing, inspection, civil judgment enforcement, forest protection, national reserve, Party inspection; the period of work entitled to seniority allowance in the army, police, cryptography, and other sectors and professions (if any).

- The period of military service according to the law, during which before joining, the individual was entitled to a seniority allowance.

How to calculate the teacher seniority allowance in Vietnam?

According to Article 4 of Decree 77/2021/ND-CP:

Seniority Allowance Rate

  1. teachers participating in teaching and educating with mandatory social insurance contributions for 5 years (60 months) are entitled to a seniority allowance of 5% of the current salary plus the leadership position allowance and the seniority allowance beyond the frame (if any). From the sixth year onwards, each year (full 12 months) they receive an additional 1%.
  1. The seniority allowance is calculated and paid monthly along with the salary and is used to calculate contributions and benefits for social insurance, health insurance, and unemployment insurance.
  1. The calculation method for the monthly seniority allowance:

Thus, the formula for calculating the monthly seniority allowance for teachers is as follows:

Clause 2 of Article 3 of Decree 73/2024/ND-CP defines the statutory pay rate as follows:

Statutory Pay Rate

  1. The statutory pay rate is used as a basis to:

a) Calculate salary levels in salary tables, allowance rates, and implement other policies as prescribed by law for the subjects specified in Article 2 of this Decree;

b) Calculate operational and subsistence expenses as prescribed by law;

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

  1. From July 1, 2024, the statutory pay rate is 2,340,000 VND/month.

...

From July 1, 2024, the statutory pay rate is 2,340,000 VND/month.

The current seniority allowance rate for teachers participating in teaching and educating with mandatory social insurance contributions for 5 years (60 months) is 5% of the current salary plus the leadership position allowance and the seniority allowance beyond the frame (if any).

From the sixth year onwards, each year (full 12 months) they receive an additional 1%.

Does the probation period of teachers count towards the seniority allowance calculation in Vietnam?

Based on point a, clause 2, Article 3 of Decree 77/2021/ND-CP, the regulation on the periods not considered for seniority allowance is as follows:

Periods Considered and Not Considered for Seniority Allowance

...

2. Periods not considered for seniority allowance

a) Probation period.

b) Continuous unpaid leave from 01 month or more.

c) Sick leave, maternity leave exceeding the time limit as prescribed by social insurance law.

d) Time spent as experts, studying, practicing, working, or surveying domestically and abroad exceeding the time limit decided by competent authorities.

dd) Suspension from work or temporary detention or custody for investigation, prosecution, or trial purposes.

e) Other periods not working outside of points a, b, c, d, dd of clause 2 of this Article.

Thus, the probation period will not be counted towards the time considered for seniority allowance.

Related Posts
LawNet
Vietnam: Will the seniority allowance paid to teachers be annulled according to Resolution 27-NQ/TW in 2018?
LawNet
When are retired teachers eligible for seniority allowance policies in Vietnam?
LawNet
Which individuals are eligible for seniority allowance for teachers in Vietnam?
LawNet
What is the current seniority allowance rates for teachers in Vietnam?
LawNet
How is the monthly seniority allowance for Vietnamese educators calculated?
LawNet
What is the period for calculating the teaching seniority allowance in Vietnam?
LawNet
Does the maternity leave period count as a basis for calculating seniority allowance for teachers in Vietnam?
LawNet
Vietnam: What is the application form for enjoyment of seniority allowance for teachers currently receiving pension?
LawNet
What is the period that does not count towards the seniority allowance for teachers in Vietnam?
LawNet
Vietnam: Shall the probationary period included in the period required for receiving seniority allowances for educators?
Đơn vị chủ quản: Công ty THƯ VIỆN PHÁP LUẬT.
Chịu trách nhiệm chính: Ông Bùi Tường Vũ - Số điện thoại liên hệ: 028 3935 2079
P.702A , Centre Point, 106 Nguyễn Văn Trỗi, P.8, Q. Phú Nhuận, TP. HCM;