From December 1, 2019, will individuals receiving allowances under Decree 116 continue to receive them?

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This Decree will replace Decree 116/2010/ND-CP and Decree 64/2009/ND-CP, and simultaneously abolish Article 7, Article 8, Article 10, Article 11, Article 12, Article 13, and Article 14 of Decree 61/2006/ND-CP and Decree 19/2013/ND-CP on policies for teachers and educational management officials working in specialized schools in areas with extremely difficult socio-economic conditions. The question here is whether the teachers, officials, and public employees currently enjoying policies under Decree 116 will continue to enjoy these policies under Decree 76 or not. Will any stipend types be reduced?

Thu Ky Luat will specifically answer this issue in the following article:

First, concerning the types of stipends:

According to current regulations in Decree 116/2010/ND-CP, Decree 61/2006/ND-CP, and Decree 19/2013/ND-CP, teachers and educational management officials working in areas with extremely difficult socio-economic conditions will enjoy the following types of stipends: preferential allowance, attraction allowance, relocation allowance, initial allowance, stipend for purchasing and transporting fresh and clean water, mobility allowance, allowance for teaching using the language and script of ethnic minorities, allowance for sightseeing, professional study and training, and travel expenses.

Inheriting the regulations from these documents, Decree 76 also clearly states that teachers and officials and public employees working in areas with extremely difficult socio-economic conditions will enjoy the following types of stipends: attraction allowance; long-term working allowance; initial allowance; stipend for purchasing and transporting fresh and clean water; one-time allowance when transferring out of areas with extremely difficult socio-economic conditions or upon retirement; travel expenses; allowance for sightseeing, professional study, and training; professional preferential allowance; mobility allowance; and allowance for teaching ethnic minority languages for teachers and educational management public employees.

Thus, it can be seen that Decree 76 neither removes nor adds any stipend types compared to current regulations but only consolidates all types of stipends for teachers and officials and public employees working in areas with extremely difficult socio-economic conditions from various scattered documents into a unified document.

Therefore, those teachers, officials, and public employees who are currently subject to stipends under Decree 116 will continue to enjoy these stipends as stipulated in Decree 76 when this Decree comes into effect.

However, Decree 76 has also changed some regulations concerning the initial allowance and clean water stipend. Specifically, for the initial allowance, Decree 76 has removed the condition on the number of working years in areas with extremely difficult socio-economic conditions to qualify for the initial allowance. Currently, one must have worked for 3 years or more for females and 5 years or more for males, but from December 1, 2019, this condition is no longer required, and the initial allowance will be equivalent to 10 months of statutory pay rate. As for the clean water stipend, Decree 76 specifies that it only applies to areas where natural conditions lack fresh and clean water or where such water is insufficient for continuous living needs for one month or more in a year.

Second, concerning the subjects eligible for stipends:

In addition to retaining the previously stipulated subjects eligible for stipends under Decree 116, Decree 76 has added the following subjects who are also eligible for policies when working in areas with extremely difficult socio-economic conditions:

- Persons working in the cryptographic organization.

- Persons working under the staffing quota in associations supported by the state budget under Decree 45/2010/ND-CP and Decree 33/2012/ND-CP.

- Persons with permanent household registration in the area eligible for policies for extremely difficult areas who continue to enjoy the initial allowance upon receiving work in such areas.

Third, concerning the scope of areas with extremely difficult socio-economic conditions eligible for policies:

Under Decree 76, areas with extremely difficult socio-economic conditions include: Truong Sa, Hoang Sa, and DK1 island districts; Category III communes in ethnic minority and mountainous areas, particularly difficult island communes as decided by the Prime Minister of the Government of Vietnam, and particularly difficult villages (known collectively as "villages") as decided by the Prime Minister of the Government of Vietnam. (According to the current regulations under Decree 116, areas with extremely difficult socio-economic conditions include Truong Sa, Hoang Sa, and DK1 island districts; especially difficult communes in ethnic minority and mountainous areas, particularly difficult coastal and island areas as decided by the Prime Minister of the Government of Vietnam and particularly difficult villages as decided by competent authorities.) It can be seen that the scope of areas with extremely difficult socio-economic conditions eligible for policies under Decree 76 has not changed much compared to Decree 116.

Thus, in essence, the types of stipends under Decree 76 have not changed much compared to Decree 116. Those currently enjoying policies under Decree 116 need to consider the following three factors to determine whether they will continue to enjoy policies under Decree 76 when this Decree takes effect: Are they eligible for the policies? Is their workplace located in an area with extremely difficult socio-economic conditions eligible for stipends? And have the conditions for the stipends they are enjoying under Decree 116 changed under Decree 76?

Nguyen Trinh

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