Decree No. 54/2011/ND-CP stipulates the seniority allowance system for teachers teaching at public educational institutions. This system applies to those who have been transferred and classified according to Decree No. 204/2004 and have taught for at least five years (60 months).
Scope of application
Teachers currently teaching or educating at public educational institutions who have been transferred and classified according to Decree No. 204/2004/ND-CP.
Key points
- Teachers with at least five years (60 months) of teaching experience shall be entitled to seniority allowances.
- The amount of the seniority allowance is 5% of the current salary plus leadership position allowance and seniority allowance exceeding the ceiling; from subsequent years, it increases by 1% each year.
- The funding for implementing the seniority allowance system comes from the legitimate income of the unit and the budget guaranteed by the state budget.
- This regulation takes effect from September 1, 2011, and is calculated from May 1, 2011.
- The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs to guide the implementation of this Decree.
🌐 Social impact of this document
- Positive impact: Helps improve teaching quality through encouraging teachers to stay long-term in the education sector.
- Negative impact: It may increase costs for the state budget and the implementing units, while also putting financial pressure on public educational institutions.
❓ Frequently asked questions
When are teachers eligible for seniority allowances?
Teachers must have at least five years (60 months) of teaching experience to be eligible for seniority allowances.
What is the amount of the seniority allowance?
The initial amount of the seniority allowance is 5% of the current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable); from subsequent years, it increases by 1% each year.
Which periods are not counted towards seniority allowances?
Probationary period, trial period, or first employment contract period; continuous leave of absence for more than one month; sick leave or maternity leave exceeding the prescribed period under the law on social insurance; suspension of work or detention for investigation, prosecution, or trial purposes.
Where does the funding for the seniority allowance system come from?
The funding for the seniority allowance system comes from the legitimate income of the unit and the budget guaranteed by the state budget.
When does this Decree take effect?
This Decree takes effect from September 1, 2011, and is calculated from May 1, 2011.
Full text
DECREE
On seniority allowances for teachers
________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Education Law dated June 14, 2005 and the Law amending and supplementing certain articles of the Education Law dated November 25, 2009;
Considering the proposal of the Minister of Education and Training, the Minister of Home Affairs,
the Minister of Finance, the Minister of Labor, Invalids and Social Affairs,
DECREE:
Article 1. Scope and Applicability
This Decree stipulates the seniority allowance regime for teachers teaching and educating at public educational institutions and academies, schools, centers performing training and retraining tasks under state agencies, political organizations, and socio-political organizations (hereinafter referred to collectively as public educational institutions), who have been transferred and ranked according to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regimes for civil servants, public officials, and armed forces personnel.
Article 2. Conditions, time for enjoyment, and time not counted towards seniority allowance
1. Conditions for enjoying seniority allowance
Teachers with five years (60 months) of teaching and education experience shall be eligible to enjoy seniority allowance.
2. Periods for calculating seniority allowance
a) Time spent teaching and educating in educational institutions;
b) Time enjoying seniority allowance in other professions can be accumulated with the time specified in point a of this clause to calculate seniority allowance.
3. Time not counted towards seniority allowance
a) Probationary period, trial period, or initial employment contract period;
b) Continuous leave without pay for one month or more;
c) Time off due to illness or maternity leave exceeding the limit prescribed by law on social insurance;
d) Time temporarily suspended from work or detained or arrested for investigation, prosecution, or trial purposes.
Article 3. Amount of seniority allowance
Teachers with five years (60 months) of teaching and education experience shall be entitled to a seniority allowance equal to 5% of their current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable); from subsequent years onwards, the seniority allowance will increase by 1% annually.
The seniority allowance is paid concurrently with monthly salary and is used to calculate contributions and benefits for social insurance, health insurance, and unemployment insurance.
Article 4. Source of Funding
The funding for implementing the seniority allowance regime for teachers comes from legitimate revenue of the unit and funds guaranteed by the state budget.
Article 5. Effectiveness and responsibility for guidance and implementation
1. This Decree takes effect from September 1, 2011.
2. The seniority allowance regime prescribed in this Decree shall be enjoyed from May 1, 2011.
3. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs to be responsible for guiding the implementation of this Decree.
4. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial people's committees under the central government shall be responsible for implementing this Decree./.
PRIME MINISTER
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