In 2021, what are the new regulations for seniority benefits for for public security forces, people in the military and teachers in Vietnam?

In 2021, what are the new regulations for seniority benefits for for public security forces, people in the military and teachers in Vietnam? (Internet image) 

According to the spirit of Resolution 27/NQ-TW, one of the policy reforms is to abolish seniority benefits for officials, civil servants, and teachers, with the exception of three groups: the military, the police, and specific agencies. However, due to the impact of the COVID-19 pandemic, the implementation of this salary policy reform has been postponed. So, in 2021, how will the seniority benefit regime for the police, military, and teachers be calculated?

1. Seniority benefit for the public security forces in Vietnam

Based on Article 10 of Decree 49/2019/ND-CP, the seniority benefit regime for police officers is determined as follows:

- benefit rate: Police officers who have served in the People's Police for a minimum of 5 years (60 months) are entitled to a seniority benefit equal to 5% of their current salary plus leadership position benefits and seniority benefits (if any). From the sixth year onwards, an additional 1% will be added each year (12 months).

- Payment method: The seniority benefit is calculated and paid together with the monthly salary and is used to calculate social insurance, health insurance, unemployment insurance, and occupational accident and occupational disease insurance.

- Eligibility period for receiving the benefit:

• Period of service in the People's Police;

• Accumulated period of receiving seniority benefits in other fields and occupations, which will be added to the period of service in the People's Police to calculate the eligibility for receiving seniority benefits.

Note: The following periods are not eligible to receive the benefit:

• Period of personal leave without continuous salary for more than 1 month;

• Period of sick leave, maternity leave exceeding the legal insurance limit;

• Period of temporary suspension of duty or temporary detention, followed by disciplinary dismissal.

2. Seniority benefit for people in military

Eligibility criteria and benefit rate: Officers, professional soldiers, defense workers, and defense officials who are working in agencies and units with a minimum of 5 years (60 months) of service in the regular forces of the military are entitled to a seniority benefit equal to 5% of their current salary plus leadership position benefits and seniority benefits (if any). From the sixth year onwards, an additional 1% will be added each year (12 months).

- Eligibility period for receiving the benefit:

• Period of service in the regular forces of the military;

• Accumulated period of receiving seniority benefits in other fields and occupations (including police, specific agencies, customs, courts, procuratorates, auditing, inspection, civil enforcement, forest rangers, party inspection, teachers, national reserves, and other fields and occupations regulated by the government), which will be added to the period of service in the regular forces of the military.

Note:

+ If there are interruptions in the mentioned eligibility periods, they will accumulate.

+ Within the same working period, only one type of seniority benefit (from different fields and occupations) can be received;

+ The following periods are not eligible to receive the benefit:

• Period of temporary suspension of duty or temporary detention for the purpose of investigation, prosecution, or trial; period of imprisonment; military discharge period;

• Period of personal leave without continuous salary for more than 1 month;

• Periods of sick leave and maternity leave exceed the legal insurance limit.

- Examples:

Example 1: Comrade P was recruited as a defense worker in July 1982. As of July 1, 2016, Comrade P has a seniority benefit period as follows:

The period of being a defense worker from July 1982 to the end of June 2016 is 34 years. Therefore, as of July 1, 2016, Comrade P has a seniority benefit period of 34 years and is entitled to a seniority benefit at a rate of 34%.

Example 2: Comrade Q was recruited as a defense official in March 2007 and transferred to the Hanoi City Finance Department in June 2016. In June 2016, Comrade Q is not entitled to a seniority benefit.

Example 3: Comrade A, a defense worker, started receiving a pension in June 2016. Comrade A is not entitled to a seniority benefit for calculating the pension.

Example 4: Comrade X was recruited as a defense worker in January 2008 and selected as a professional soldier in September 2014. As of July 1, 2016, comrade X has a working period for calculating the seniority benefit as follows:

The total working period eligible for a seniority benefit is 8 years and 6 months, including 6 years and 8 months as a defense worker (from January 2008 to August 2014) and 1 year and 10 months as a professional soldier (from September 2014 to June 2016). Therefore, in July 2016, comrade X was entitled to a seniority benefit at a rate of 8% (comrade X had not received a seniority benefit as of June 2016).

Example 5: Comrade C has worked in the customs field for 12 years. In January 2014, Comrade C was recruited as a defense official. As of July 1, 2016, Comrade C has a seniority benefit period as follows:

The total working period eligible for a seniority benefit is 14 years and 6 months, including 12 years in the customs field and 2 years and 6 months as a defense official (from January 2014 to June 2016). Therefore, in July 2016, comrade C was entitled to a seniority benefit at a rate of 14%.

Example 6: Comrade B is a defense civil servant, recruited by the military in March 2011. In July 2016, comrade B was not entitled to a seniority benefit because they do not fall under the categories specified in Article 2, Clause 1 of Decree 49/2019/NĐ-CP.

=> Resolution 27/NQ-TW 2018 clearly states the abolishment of seniority benefits, except for the military, police, and specific agencies, to ensure salary parity with officials, civil servants, and public employees.

3. Seniority benefit for teachers in Vietnam

As mentioned, Resolution 27/NQ-TW abolished the seniority benefit for teachers. In order to align with the spirit of the resolution, Article 76 of the Education Law 2019, which officially took effect on July 1, 2020, also removed the seniority benefit from the teacher's regime.

However, due to the impact of the COVID-19 pandemic, the seniority benefit for teachers has not been abolished. Specifically, at the 13th Central Party Executive Committee's meeting of the 12th tenure from October 5–9, the Party Central Committee agreed with the proposal of the Party's government affairs committee regarding the implementation timing of the new salary regime from July 1, 2022, instead of 2021 as previously planned.

Therefore, the seniority benefit regime for teachers has not been abolished. According to Article 2 and Article 3 of Decree 54/2011/ND-CP and guided by Clause 1 of Article 2 of Joint Circular 68/2011/TTLT-BGDDT-BNV-BTC-BLDTBXH on the calculation period and rate of the seniority benefit, the seniority benefit for teachers is as follows:

- The seniority benefit for teachers is calculated as follows: Teachers who are teaching and educating in public educational institutions and have a teaching and educating period of at least 5 years (60 months) are entitled to a seniority benefit equal to 5% of their current salary plus a leadership position benefit and a seniority benefit beyond the salary scale (if any). From the sixth year onwards, an additional 1% is calculated for each year (12 months).

- The calculation period for the seniority benefit of teachers is determined by the total time as follows:

• Teaching and educating period with mandatory social insurance contributions in public educational institutions;

• Teaching and educating period with mandatory social insurance contributions in non-public educational institutions (for teachers who are teaching and educating in public educational institutions and have previously taught and educated in non-public educational institutions).

- Example:

Ms. Nguyen Thi An has been teaching and educating at a public kindergarten for 8 years and receives salary type A2 with a coefficient of 6.10. Therefore, Ms. An has a seniority benefit period of 8 years, and the corresponding seniority benefit for 8 years is 8%.

So the amount of the seniority benefit = 6.1 x 1,490,000 x 8% = 727,120 VND.

The above are all the legal regulations regarding the seniority benefit for police, military, and teachers. In general, due to the impact of COVID-19, the abolition of the seniority benefit for teachers has been postponed, while the seniority benefit regime for police and military remains unchanged.

Thuy Tram

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