Decree No. 14/2020/NĐ-CP on the allowance regime for retired teachers who have not yet received the seniority allowance in their pension

DECREE

Regulations on subsidies for retired teachers who have not yet received seniority allowances in their retirement pensions

has not been entitled to the seniority allowance in the pension

On the basis of Law on Government Organization dated June 19, 2015;

Pursuant to Resolution No. 21/2011/QH13 dated November 26, 2011 of the Thirteenth National Assembly on questioning and answering questions at the second session of the Thirteenth National Assembly;

At the proposal of the Minister of Education and Training;

The Government issues this Decree stipulating the subsidy regime for retired teachers who have not yet received seniority allowances in their retirement pensions.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the subsidy regime for retired teachers who have not yet received seniority allowances in their retirement pensions.

Article 2. Applicability

1. Teachers are educators, lecturers, nursery teachers, principals, vice-principals, kindergarten directors, deputy kindergarten directors, directors, deputy directors, department heads, deputy department heads, department chairpersons, deputy department chairpersons, section chiefs, deputy section chiefs, division chiefs, deputy division chiefs, who retire while directly teaching, educating, or guiding practical training, or those who retire while waiting to reach the age to receive retirement pension and retain social insurance contribution time to receive retirement pension from January 1, 1994 to May 31, 2011 at the following public educational institutions:

a) Early childhood education facilities;

b) Primary and secondary schools;

c) Vocational education facilities;

d) Higher education facilities;

đ) Continuous education facilities;

e) Academies, schools, centers performing training and development tasks under state agencies, political organizations, and political-social organizations.

2. Teachers who retire while directly teaching, educating, or waiting to reach the age to receive retirement pension and retain social insurance contribution time to receive retirement pension from January 1, 1994 to May 31, 2011 at semi-public educational institutions but were previously transferred from public educational institutions or at semi-public educational institutions converted from public educational institutions by competent authorities and classified according to the salary scale of the education sector civil servant grade.

3. Teachers engaged in teaching and education at public educational institutions appointed by competent authorities to work as educational experts abroad, upon completion of their term, retire immediately upon returning to the country.

4. Teachers who retire having participated in teaching at classes organized by youth volunteer units without receiving state policies for youth volunteers; teachers who are military personnel, police officers, or cryptographers who later transferred to work in teaching and education at public educational institutions and upon retirement are retired educators with military seniority allowances but without teacher seniority allowances.

Chapter II
SUBSIDY REGIME FOR RETIRED TEACHERS WHO HAVE NOT YET RECEIVED SENIORITY ALLOWANCES IN THEIR RETIREMENT PENSIONS

Article 3. Conditions for receiving subsidies

Teachers specified in Article 2 of this Decree shall be entitled to the subsidy regime if they meet the following conditions:

1. Directly teaching, educating, guiding practical training, and participating in social insurance contributions for five years (at least 60 months);

2. Retiring within the period from January 1, 1994 to May 31, 2011.

3. Receiving retirement pension as of January 1, 2012. In cases where the receipt of retirement pension is temporarily suspended according to the Social Insurance Law, they will be entitled to the subsidy after resuming receipt of the retirement pension.

Article 4. Level of Allowance

1. The one-time allowance amount in money shall be calculated as follows:

Allowance amount = (monthly pension x 10%) x number of years eligible for allowance

Where:

a) Monthly pension is the monthly pension level at the time this Decree takes effect.

b) Number of years eligible for allowance is the total direct teaching, education, and practical guidance time in educational institutions, teaching time in classes organized by volunteer units, if not continuous then accumulated, excluding time already receiving seniority allowances from the armed forces and other sectors (if any) in the pension.

Odd months from three to six months are counted as half a year; from more than six months to less than twelve months are counted as one year.

2. In cases where teachers meet the conditions to receive allowances as stipulated in this Decree but have not been settled and passed away from January 1, 2012 onwards, the authorized representative of the deceased's relatives (including: spouse, father, mother, adoptive father, biological child, adopted child of the deceased) shall prepare the application and receive the allowance according to the regulations. The authorized representative of the deceased teacher's relatives shall bear legal responsibility for the application and the amount of allowance received.

Article 5. Documents for Settlement of Allowance

1. For retired teachers: Application form for allowance issued together with this Decree (Form No. 01).

2. For teachers meeting the conditions to receive allowance but not yet settled and passed away from January 1, 2012 onwards, the documents include:

a) Application form for allowance of the relatives, issued together with this Decree (Form No. 02).

b) Copy of Death Certificate or Notice of Death or Court Decision declaring death (original must be brought for verification).

c) Power of Attorney as prescribed in Clause 2, Article 4 of this Decree (Form No. 03); in case there is only one relative, this power of attorney is not required.

Article 6. Time Limit for Settlement

Within twenty working days from the date when the social insurance agency of the district, city directly under province receives complete application documents of persons eligible for allowance as stipulated in Article 5 of this Decree, the social insurance agency shall be responsible for settling and disbursing the allowance to the beneficiary. If not settled, it must provide a written response and specify the reasons.

Article 7. Sources of funds for implementation

The implementation funds for the allowance prescribed in this Decree shall be guaranteed by the central budget in accordance with the laws on state budget.

Article 8. Implementation Organization

1. The Ministry of Finance shall allocate funds from the state budget for the Vietnam Social Security to implement disbursement of benefits as prescribed in this Decree.

2. The Ministry of Education and Training, Vietnam Social Security shall organize implementation, inspection, supervision, and resolution of difficulties during the implementation of this Decree. In cases exceeding authority, report to the Government for consideration and decision.

3. The People's Committee of provinces and centrally-administered cities shall direct agencies and units under their jurisdiction to organize implementation of the system and policies prescribed in this Decree strictly, transparently, accurately, conveniently, and without errors or corruption.

Chapter III
IMPLEMENTING PROVISIONS

Article 9. Effective Date

1. This Decree shall take effect from March 15, 2020.

2. Decision No. 52/2013/QD-TTg dated August 30, 2013 of the Prime Minister on the regulations regarding allowances for retired teachers who have not yet received seniority allowances in their pension (Decision No. 52/2013/QD-TTg) shall cease to be effective from the date this Decree takes effect.

3. Subjects regulated by this Decree who have already been settled according to the provisions of Decision No. 52/2013/QD-TTg shall not be entitled to, nor shall they adjust the allowance level they have already received according to the provisions of this Decree.

Article 10. Transitional Provisions

Teachers who meet the conditions to receive allowances as stipulated in Decision No. 52/2013/QD-TTg and whose files have been accepted by the social insurance agency but the payment decision has not been issued before the effective date of this Decree shall receive the allowance level as prescribed in this Decree.

Article 11. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial/municipal People's Committees directly under the central government are responsible for implementing this Decree./

 

ANNEX

(Attached to Decree No. 14/2020/NĐ-CP dated January 24, 2020 of the Government)

 

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

 

Application for registration of groundwater extraction works (for cases of extracting water for purposes with a scale not exceeding 10 m

APPLICATION FOR ALLOWANCE ACCORDING TO DECREE NO.    /2020/NĐ-CP

(For teachers applying for allowance according to Decree No.   /2020/NĐ-CP)

Respectfully submitted to: Social Insurance of the province/city...

My name is: …

ID Number (or Citizen Identification Card Number): …

Currently residing at (write clearly house number, village, commune, district, province): …

.........................................................................................................................................

Name of the former workplace:

.........................................................................................................................................

.........................................................................................................................................

Receiving retirement benefits since … month … year …

Place where monthly pension is received (write clearly house number, village, commune, district, province): …

.........................................................................................................................................

Teaching experience at educational institutions as follows:

Based on the provisions of Decree No.   /2020/NĐ-CP dated ... month ... year 2020 of the Government on the allowance system for retired teachers who have not yet received seniority allowances in their pension, I hereby request to be granted allowance according to the regulations.

 

 

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Application for registration of groundwater extraction works (for cases of extracting water for purposes with a scale not exceeding 10 m

APPLICATION FOR RESOLUTION OF ALLOWANCE ACCORDING TO DECREE NO.    /2020/NĐ-CP

(For teachers applying for allowance according to Decree No.    /2020/NĐ-CP)

My name is: …

ID Number (or Citizen Identification Card Number): …

Currently residing at (write clearly house number, village, commune, district, province): …

(1) …of Mr./Mrs. …who has been receiving retirement benefits since … month … year … and passed away on … month … year ….

Mr./Mrs. …worked at …before retirement and received pension at …prior to passing away, with teaching experience at educational institutions as follows:

Based on the provisions of Decree No.   /2020/NĐ-CP dated ... month ... year 2020 of the Government on the allowance system for retired teachers who have not yet received seniority allowances in their pension, I hereby request on behalf of the family to be granted allowance according to the regulations for Mr./Mrs. …

I hereby commit on behalf of the relatives that the information provided is accurate and there will be no disputes over the allowance amount, and I will bear full responsibility if there is any discrepancy.

 

Note: (1) Relationship with the deceased teacher (wife, husband, child...).

 

Form No. 03

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

POWER OF ATTORNEY

I. AUTHORIZED PERSON

The eligible relatives of Mr./Mrs. …who passed away on …/ …/ …are listed below:

1. Mr./Mrs. …Male/Female, born on ….…/ …/ ……; (2) …;

2. Mr./Mrs. …Male/Female, born on ….…/ …/ ……; (2) …;

3. Mr./Mrs. …Male/Female, born on ….…/ …/ ……; (2) …;

4. Mr./Mrs. …Male/Female, born on ….…/ …/ ……; (2) …;

II. PERSON AUTHORIZED

Full Name: …born on ……./ ………/ …

ID Number/Citizen Identification Card Number/Passport Number: …issued at …

Issued on .../ …./ ……… Place of Residence (write clearly house number, village, commune, district, province):

.........................................................................................................................................

Contact phone number: ...

III. CONTENT OF AUTHORIZATION

To fill out the relative application form according to Form No. 02 and receive the one-time allowance according to Decree No.    /2020/NĐ-CP dated... month... year 2020 of the Government on the allowance system for retired teachers who have not yet received seniority allowances in their pension.

We solemnly declare our responsibility before the law for our authorization and commit not to appeal afterwards./.

 

Note:

(1) Write clearly the full name of the deceased teacher.

(2) Write clearly the relationship with the deceased teacher.

(3) Write clearly the full name of the person representing the relatives mentioned in the relative application form.

(4) All eligible relatives and persons authorized for relatives must sign and write their full names or affix fingerprints.