Actual working time in extremely disadvantageous areas used to calculate allowances and benefits in Vietnam

Actual working time in extremely disadvantageous areas used to calculate allowances and benefits in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Which areas are considered extremely disadvantageous in Vietnam?

According to Clause 2, Article 1 of Decree 76/2019/ND-CP, areas with particularly disadvantageous socio-economic conditions include:

- Truong Sa, Hoang Sa, DK1 island districts;

- Region III communes in ethnic minority and mountainous areas and island communes with special disadvantageousies according to the Prime Minister's Decision;

- Villages, villages, hamlets, villages, phum, squirrels, hamlets, etc. (collectively referred to as villages) are especially disadvantageous, according to the Prime Minister's Decision.

2. Subjects eligible to enjoy allowances and benefits when working in extremely disadvantageous areas in Vietnam

Subjects entitled to allowances and subsidies when working in extremely disadvantageous areas, according to Article 2 of Decree 76/2019/ND-CP, are as follows:

Officials, civil servants, public employees, and workers in agencies, organizations, units of the Party, State, and socio-political organizations from central to communes, wards, and towns (hereinafter referred to as commune level) and salary earners in the armed forces (including cases of mobilization, secondment, rotation, and no distinction between local people and people from other places);

Have been paid according to the salary schedule prescribed by competent authorities of the Party and State, are working and coming to work in areas with extremely disadvantageous socio-economic conditions, including:

- Cadres, civil servants, and public employees (including trainees) in agencies, organizations, and public service units of the Party, State, and socio-political organizations from central to commune level;

- People working under labor contract regimes in agencies and units of the Party, State, and socio-political organizations specified in Decree 68/2000/ND-CP and Decree 161/2018/ND-CP on recruitment of civil servants and public employees, civil servant rank promotion, and implementation of contract regimes for some types of work in state administrative agencies and public service units;

- Officers, professional soldiers, workers, defense officials, and contract workers receiving salaries from the state budget of the Vietnam People's Army;

- Officers, non-commissioned officers receive salaries; police workers and contract workers receive salaries from the state budget under the People's Public Security Forces;

- People working in cipher organizations;

- People working within the payroll quota in associations are supported by the state budget, with operating expenses specified in Decree 45/2010/ND-CP and Decree 33/2012/ND-CP.

3. Actual working time in extremely disadvantageous areas used to calculate allowances and benefits in Vietnam

Actual working time in extremely disadvantageous areas to calculate allowances and benefits according to Article 13 of Decree 76/2019/ND-CP is as follows:

- Actual working time in an area with extremely disadvantageous socio-economic conditions is the total working time with compulsory social insurance payment in an area with extremely disadvantageous socio-economic conditions (If there is a break in time without social insurance benefits, it will be accumulated), including:

+ Working time in agencies, organizations, and public service units of the Party, State, and socio-political organizations;

+ Working time in the People's Army, People's Police, and cipher.

- How to calculate actual working time in areas with extremely disadvantageous socio-economic conditions is as follows:

+ By month:

In cases where 50% or more of the time during the month is actually spent in areas with extremely disadvantageous socio-economic conditions according to the working regime prescribed by a competent authority, the whole month will be counted; In cases where less than 50% of the actual month's time is spent working in areas with particularly disadvantageous socio-economic conditions, it is not counted;

For teachers who achieve 50% or more of the monthly teaching hour quota, the whole month will be counted; Paid summer vacation time for teachers according to the regulations of the competent authority is calculated to enjoy attractive allowances and preferential allowances according to the profession.

+ By year:

Less than 03 months does not count;

From full 03 months to full 06 months, it is calculated as 1/2 (half) of a working year;

Over 06 months is counted as 01 year of work.

- Time not counted for enjoyment of prescribed allowances and benefits, including:

+ Time spent on business trips, working, or studying outside of areas with particularly disadvantageous socio-economic conditions for 1 month or more;

+ Continuous unpaid leave period of 01 month or more;

+ Time off to enjoy social insurance benefits according to the provisions of the law on social insurance;

+ Time of temporary suspension from work, time of detention, or temporary detention.

Quoc Dat

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