What are periods subject to calculation for seniority allowances for teachers in Vietnam?

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Question date: 12/04/2024

What are periods subject to calculation for seniority allowances for teachers in Vietnam? - Ms. Lan (Binh Dinh)

    • What are periods subject to calculation for seniority allowances for teachers in Vietnam?

      Under Article 3 of Decree 77/2021/ND-CP, the regulations regarding the period of eligibility and the period of non-eligibility for seniority allowances are as follows:

      The period of eligibility and the period of non-eligibility for seniority allowances

      1. Period of eligibility for seniority allowances:

      The period of eligibility for seniority allowances is determined by the total of the following periods:

      a) Teaching and education period with mandatory social insurance contributions in public educational institutions.

      b) Teaching and education period with mandatory social insurance contributions in non-public educational institutions (for teachers who are currently teaching in public educational institutions but have previously taught or educated in non-public educational institutions).

      c) Working period eligible for seniority allowances, including: the period of work classified under one of the job titles or positions in customs, courts, prosecutors' offices, auditing, inspection, civil enforcement, forestry, national reserves, party inspection; the period of work eligible for seniority allowances in the military, police, and other professions or occupations (if applicable).

      d) Military service obligation period as stipulated by law, for which the seniority allowances were being received prior to the military service obligation.

      ...

      Therefore, the period of eligibility for seniority allowances for teachers will be calculated based on the following periods:

      - Teaching and education period with mandatory social insurance contributions in public educational institutions.

      - Teaching and education period with mandatory social insurance contributions in non-public educational institutions.

      - Working period eligible for seniority allowances, including:

      + The period of work classified under one of the job titles or positions in customs, courts, prosecutors' offices, auditing, inspection, civil enforcement, forestry, national reserves, party inspection.

      + The period of work eligible for seniority allowances in the military, police, and other professions or occupations (if applicable).

      - Military service obligation period as stipulated by law, for which the seniority allowances were being received prior to the military service obligation.

      What are periods subject to calculation for seniority allowances for teachers in Vietnam? - image from internet

      How many consecutive months does a teacher have to be on unpaid leave to not be eligible for seniority allowances in Vietnam?

      Under Clause 2 of Article 3 of Decree 77/2021/ND-CP, the regulations regarding the period of eligibility and the period of non-eligibility for seniority allowances are as follows:

      The period of eligibility and the period of non-eligibility for seniority allowances

      1. Period of eligibility for seniority allowances:

      ...

      2. Period of non-eligibility for seniority allowances:

      a) Probationary period.

      b) Consecutive periods of being on unpaid leave for 01 month or more.

      c) Periods of sick leave, maternity leave exceeding the time limit stipulated by the social insurance law.

      d) Periods of working as an expert, studying, interning, working, or surveying domestically or abroad exceeding the time limit determined by the competent authority.

      dd) Periods of temporary suspension or detention for the purpose of investigation, prosecution, or trial.

      e) Other periods of non-work as stipulated in points a, b, c, d, dd of Clause 2 of this Article.

      Therefore, if a teacher is on consecutive periods of unpaid leave for 01 month or more, this period will not be eligible for seniority allowances for teachers.

      Note: The calculation of seniority allowances according to Decree 77/2021/ND-CP is applicable to:

      Teachers who are currently teaching and educating in public educational institutions and academies, schools, centers involved in training and development under public educational institutions, and have been transferred and classified for salary purposes according to Decree 204/2004/ND-CP, including:

      - Teachers, including education and training public employees (with code starting with V.07) and vocational education public employees (with code starting with V.09) listed in the approved salary payment list by the competent authority, currently teaching and educating in public educational institutions funded by the State.

      - Teachers included in the approved salary payment list by the competent authority, currently teaching, guiding practical training, and conducting experiments on training ships, workshops, stations, camps, practice centers, laboratories, and subject departments of public secondary schools, regular education institutions, vocational education institutions, and public universities.

      Individuals who do not fall into the above cases but hold codes starting with V.07 and V.09 will not be eligible for seniority allowances for teachers.

      How to calculate the monthly amount of seniority allowance for teachers in Vietnam?

      Under Clause 3 of Article 4 of Decree 77/2021/ND-CP, the regulations regarding the formula for calculating the monthly amount of seniority allowance for teachers are as follows:

      The amount of seniority allowance

      =

      The salary coefficient for the job title of public employees, plus the leadership position allowance coefficient, and the seniority allowance beyond the framework (if applicable), currently enjoyed

      x

      The basic salary level as determined by the Government for each period

      x

      The percentage (%) of seniority allowance received

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Decree 77/2021/ND-CP Download
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