To assist our Valued Customers and Members in understanding the types of allowances that public employees, especially teachers, are entitled to and the rates to which they are entitled to protect their rights, Thu Ky Luat has compiled the current allowance policies for public employees in the article below.
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1. Preferential Allowance
According to the provisions of Article 1 Decision 244/2005/QD-TTg, the preferential allowance is applied to teachers who are directly teaching and have been transferred and classified according to Decree 204/2004/ND-CP, excluding teachers teaching in educational institutions under the Ministry of National Defense, the Ministry of Public Security, and the cipher agency.
Depending on the working institution, teachers will receive different preferential allowance rates of 25%, 30%, 35%, 40%, 45%, or 50%. To be specific:
- 25% Allowance Rate: Applied to educators directly teaching in universities, colleges, academies, training schools of Ministries, equivalent agencies of Ministries, agencies under the Government of Vietnam, Communist Party organizations, central political-social organizations, and political schools of provinces and centrally-run cities (excluding educators teaching in pedagogical schools, pedagogical faculties, and educators teaching Marxist-Leninist science and Ho Chi Minh ideology subjects);
- 30% Allowance Rate: Applied to educators directly teaching in secondary schools, high schools, general technical - vocational centers, continuous education centers, vocational training centers in urban areas, district-level towns; secondary vocational schools, vocational training schools; political training centers of districts, urban districts, district-level towns, cities under provinces;
- 35% Allowance Rate: Applied to educators directly teaching in preschool, primary schools in urban areas, district-level towns; secondary schools, high schools, general technical - vocational centers, continuous education centers, vocational training centers in mountainous, island, remote, and deep-lying areas;
- 40% Allowance Rate: Applied to educators directly teaching in pedagogical schools, pedagogical faculties (universities, colleges, secondary schools), educational management and training cadre schools, and those teaching political subjects in secondary vocational schools, vocational training schools;
- 45% Allowance Rate: Applied to educators directly teaching Marxist-Leninist science, Ho Chi Minh Ideology subjects in universities, colleges;
- 50% Allowance Rate: Applied to educators directly teaching in preschools, primary schools in mountainous, island, remote, and deep-lying areas.
Legal basis: Clause 1 Article 2 of Decision 244/2005/QD-TTg and Point 1 Section II of Joint Circular 01/2006/TTLT-BGDDT-BNV-BTC.
2. Responsibility Allowance, Preferential Allowance for Teachers Specifically Teaching Disabled Persons
According to the provisions of Article 4 of Circular 22/2017/TT-BLDTBXH, the calculation and enjoyment of responsibility allowance, preferential allowance for teachers specifically teaching disabled persons stipulated in Clauses 1 and 3 of Article 8 of Decree 113/2015/ND-CP are as follows:
- Method to calculate monthly responsibility allowance for teaching disabled persons:
Responsibility Allowance = Responsibility Allowance Rate x Statutory Pay Rate
- Method to calculate monthly preferential allowance for teaching disabled persons:
Preferential Allowance = [Current Salary Coefficient + Leadership Position Allowance Coefficient, and Extra Seniority Allowance (if any)] x Statutory Pay Rate x Preferential Allowance Rate
Note: The following periods will not be counted for enjoyment of responsibility allowance, and preferential allowance for teaching disabled persons:
- Time spent on business trips, working, studying abroad enjoying 40% of salary as stipulated in Clause 4 Article 8 of Decree 204/2004/ND-CP;- Time spent on business trips, studying domestically not participating in teaching continuously for over 3 months;- Time spent on private leave without pay continuously for one month or more;- Time spent on sick leave, maternity leave exceeding the period stipulated by current Social Insurance Law;- Time being suspended from teaching.
3. Responsibility Allowance, Preferential Allowance for Non-Dedicated Teachers Teaching Disabled Persons
According to the provisions of Article 5 of Circular 22/2017/TT-BLDTBXH, the calculation and enjoyment of responsibility allowance, preferential allowance for non-dedicated teachers teaching disabled persons stipulated in Clauses 2 and 4 of Article 8 of Decree 113/2015/ND-CP are as follows:
- Method to calculate monthly responsibility allowance:
Responsibility Allowance = (Responsibility Allowance Rate x Statutory Pay Rate) / (Allocation of Annual Teaching Hours / 12 months) x Number of Actual Teaching Hours of Disabled Persons in the Month.
- Method to calculate monthly preferential allowance for teaching disabled persons:
Preferential Allowance = {[Current Salary Coefficient + Leadership Position Allowance Coefficient, and Extra Seniority Allowance (if any)] x Statutory Pay Rate} / (Allocation of Annual Teaching Hours / 12 months) x Number of Actual Teaching Hours of Disabled Persons in the Month x Preferential Allowance Rate.
4. Hardship, Hazardous, and Dangerous Allowance for Practice Teachers
According to Article 6 of Circular 22/2017/TT-BLDTBXH, the calculation and enjoyment of hardship, hazardous, and dangerous allowance for practice teachers, integrated teachers of arduous, hazardous, and dangerous trades/professions stipulated in Article 12 of Decree 113/2015/ND-CP is as follows:
Hardship, Hazardous, and Dangerous Allowance = (Hardship, Hazardous, and Dangerous Allowance Rate x Statutory Pay Rate) / (Allocation of Annual Teaching Hours / 12 months) x Number of Actual Teaching Hours of Arduous, Hazardous, and Dangerous Trades/Professions in the Month.
5. Special Allowance for Practice Teachers
According to Article 3 of Circular 22/2017/TT-BLDTBXH, the calculation and enjoyment of monthly special allowance for integrated teachers; practice teachers with one of the titles, certificates, recognition of meritorious artisans, national occupational skill level 4 certificates, recognition level of 5/6, 6/7 or higher stipulated in Articles 5 and 6 of Decree 113/2015/ND-CP is as follows:
Special Allowance = {[Current Salary Coefficient + Leadership Position Allowance Coefficient, and Extra Seniority Allowance (if any)] x Statutory Pay Rate} / (Allocation of Annual Teaching Hours / 12 months) x Number of Actual Teaching Hours of Integrated, Practice Teaching in the Month x 10%.
6. Attraction Allowance
According to the provisions of Decree 116/2010/ND-CP, the attraction allowance is applied to teachers working in areas with special socio-economic difficulties.
These teachers will receive an attraction allowance equal to 70% of their current monthly salary, including: position salary, grade, level or rank salary, and leadership position allowance, extra seniority allowance, if any.
The duration of the attraction allowance is the actual working time in areas with special socio-economic difficulties and does not exceed 5 years.
Note:
- The following periods will not be counted for the attraction allowance for teachers:
- Time spent on business trips, working, studying not in areas with special socio-economic difficulties for one month or more;- Time spent on leave without pay continuously for one month or more;- Time spent on leave enjoying social insurance benefits as stipulated by the law on social insurance;- Time being temporarily suspended from duty or temporarily detained, or arrested.
- In cases where teachers retire, quit their jobs, or transfer work out of areas with special socio-economic difficulties, they will stop receiving attraction allowance policies from the date of retirement, quitting, or transferring work out of areas with special socio-economic difficulties.
Legal basis: Article 4 of Decree 116/2010/ND-CP, Article 8 of Joint Circular 08/2011/TTLT-BNV-BTC.
7. Long-term Work Allowance in Areas with Special Socio-Economic Difficulties
According to the provisions of Article 5 of Decree 116/2010/ND-CP, teachers working in areas with special socio-economic difficulties are entitled to a monthly allowance based on their actual work time in areas with special socio-economic difficulties. If there is a break period, the time shall be accumulated as follows:
- 0.5 rate compared to the general minimum wage applied to individuals working in areas with special socio-economic difficulties from 5 years to under 10 years;- 0.7 rate compared to the general minimum wage applied to individuals working in areas with special socio-economic difficulties from 10 years to under 15 years;- 1.0 rate compared to the general minimum wage applied to individuals working in areas with special socio-economic difficulties from 15 years or more.
8. Initial Allowance and Relocation Allowance
Teachers working in areas with special socio-economic difficulties who go to work in areas with special socio-economic difficulties for 3 years or more for females and 5 years or more for males are entitled to the following allowances:
- Initial allowance equal to 10 months of the general minimum wage;- In cases where there are family members relocating together, in addition to the initial allowance, they are also entitled to transportation expenses, luggage fees for family members and a relocation allowance equal to 12 months of the general minimum wage for the family.
Legal basis: Article 6 of Decree 116/2010/ND-CP.
9. One-time Allowance Upon Transferring Work out of Areas with Special Socio-Economic Difficulties or Retirement
According to the provisions of Article 8 of Decree 116/2010/ND-CP, teachers currently working and having the actual work time in areas with special socio-economic difficulties from 10 years or more, when transferring work out of areas with special socio-economic difficulties or retirement, will receive a one-time allowance for the actual work time in areas with special socio-economic difficulties.
The one-time allowance is calculated as follows: Each year of work in areas with special socio-economic difficulties will be entitled to an allowance equal to 1/2 of the current monthly salary, including: position salary, grade, level or rank salary, and leadership position allowance, extra seniority allowance, if any at the time of transferring work out of areas with special socio-economic difficulties or retirement.
- Nguyen Trinh -
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