Decree No. 61/2006/NĐ-CP on policies for teachers and educational management staff working at specialized schools and in areas with particularly difficult socio-economic conditions.

DECREE

Regarding policies for teachers,

educational management officials working at specialized schools,

in areas with extremely difficult socio-economic conditions 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Education Law dated June 14, 2005;

Considering the proposal of the Minister of Education and Training, the Minister of Home Affairs, and the Minister of Finance.

DECREE:

PART I

GENERAL PROVISIONS

1. This Decree adjusts the pension levels, social insurance benefits, and monthly allowances for individuals receiving pensions, social insurance benefits, and monthly allowances prior to July 1, 2023, including:

This Decree stipulates the allowances, subsidies, and other benefits for the following subjects: teachers and educational management officials.

1. Teachers and educational management officials within the state establishment or on probation or under contract, receiving salaries according to the ranks and grades prescribed by the State.

2. Teachers and educational management officials not within the state establishment or on probation or under contract receiving salaries from legitimate sources not from the State budget.

The educational management officials referred to in Clauses 1 and 2 of this Article include:

a) Principals, Deputy Principals, Directors, and Deputy Directors of centers and educational institutions;

b) Teachers assigned to work in specialized departments and units of educational institutions or working in Departments of Education and Training.

Article 2. Scope of Regulation

The scope of application of this Decree includes:

1. Specialized schools as defined in this Decree pursuant to Articles 61, 62, 63, and 64 of the Education Law, including:

a) Boarding schools for ethnic minorities, boarding schools for ethnic minorities, preparatory universities;

b) Specialized schools, talent schools;

c) Schools and classes for people with disabilities;

d) Reformatory schools.

2. Areas with particularly difficult economic and social conditions as provided by law.

Article 3. Principles for applying allowances, subsidies, and benefits and methods for calculating allowances

1. Subjects specified in Clause 1 of Article 1 of this Decree shall enjoy the allowances, subsidies, and benefits prescribed in this Decree from the State budget.

2. For teachers and educational management officials working at specialized schools located in areas with particularly difficult economic and social conditions, they shall enjoy the allowances, subsidies, and benefits prescribed in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this Decree.

3. Subjects specified in Clause 2 of Article 1 of this Decree shall be entitled to the subsidies, allowances, and benefits prescribed in this Decree from legitimate sources outside the State budget, as applied and granted by educational institutions.

4. The types of allowances, subsidies, and benefits prescribed in this Decree are calculated based on the principle of arithmetic addition, taking into account the percentage of the current salary and leadership position allowance, and the seniority allowance exceeding the framework (if applicable) of the subject entitled to them.

Chapter II

POLICIES FOR TEACHERS AND EDUCATIONAL MANAGEMENT OFFICIALS WORKING AT SPECIALIZED SCHOOLS

WORK AT SPECIALIZED SCHOOLS

Article 4. Subsidies for sightseeing, study, and professional training

Teachers and educational management officials working at specialized schools who are sent to study and train in their professional fields and foreign languages shall be supported with funds for purchasing learning materials and shall be subsidized 100% for tuition fees and travel and accommodation allowances. Each year, at least once, teachers and educational management officials who have achieved outstanding results in completing their tasks for the school year shall be provided with state funding and conditions to go sightseeing, studying, and exchanging experiences with domestic units.

1. The level of allowance at 50% of the current salary and leadership position allowance, seniority allowance exceeding the ceiling (if applicable) shall be applied to teachers and educational management officials working at sports talent schools; arts talent schools; boarding schools for ethnic minorities; preparatory universities.

2. The level of allowance at 70% of the current salary and leadership position allowance, seniority allowance exceeding the ceiling (if applicable) shall be applied to teachers and educational management officials working at residential schools for ethnic minorities; specialized high schools; schools and classes for disabled persons.

3. Teachers and educational management officials working at correctional education schools shall enjoy defense and security service allowances and seniority allowances as stipulated in point a and d Clause 8 Article 6 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary system for cadres, civil servants, public employees, and armed forces personnel. In cases where the amount of allowance received is lower than the level prescribed in Clause 2 of this Article, they shall receive additional percentage points (%) difference to reach the preferential allowance level of 70% of the current salary and leadership position allowance, seniority allowance exceeding the ceiling (if applicable).

4. Teachers and educational management officials working at specialized schools shall enjoy preferential allowances at the levels prescribed in this Article and shall not enjoy preferential allowances at the levels prescribed in Decision No. 244/2005/QĐ-TTg dated October 6, 2005 of

Article 6. Responsibility Allowance

Teachers and educational management officials working at specialized schools shall enjoy a responsibility allowance coefficient of 0.3 compared to the minimum wage level.

Chapter III

POLICIES FOR TEACHERS AND EDUCATIONAL MANAGEMENT OFFICIALS WORKING AT SPECIALIZED SCHOOLS

WORKING IN AREAS WITH SPECIAL ECONOMIC AND SOCIAL DIFFICULTIES

ESPECIALLY DIFFICULT CONDITIONS

Teachers and educational management officials working at educational and training institutions located in areas with special economic and social difficulties shall enjoy preferential allowances at the level of 70% of the current salary and leadership position allowance, seniority allowance exceeding the ceiling (if applicable) and shall not enjoy preferential allowances at the levels prescribed in Decision No. 244/2005/QĐ-TTg dated October 6, 2005 of

1. Teachers and educational management officials (belonging to the locality or coming from another locality) who are transferred to work or are currently working in areas with special economic and social difficulties shall enjoy attraction allowances at the level of 70% of the current salary and leadership position allowance, seniority allowance exceeding the ceiling (if applicable).

2. The period for enjoying attraction allowances shall not exceed five years. The time for calculating attraction allowances for the relevant subjects shall be determined as follows:

a) From the date of receiving the decision for teachers and educational management officials transferred after this Decree takes effect;

b) From the date this Decree takes effect for teachers and educational management officials currently working in areas with special economic and social difficulties but have not yet enjoyed attraction allowances as prescribed in Decree No. 35/2001/NĐ-CP dated July 9, 2001 of the Government on policies for teachers and educational management officials working in specialized schools, in areas with special economic and social difficulties;

c) From the date of enjoying attraction allowances as prescribed in Decree No. 35/2001/NĐ-CP dated July 9, 2001 of the Government for teachers and educational management officials currently enjoying attraction allowances as prescribed in Decree No. 35/2001/NĐ-CP dated July 9, 2001 of the Government.

Article 9. Term of Rotation for Teachers and Educational Administrators and Relocation Allowance

Clause 1. The term of rotation for female teachers and educational administrators to work in areas with extremely difficult socio-economic conditions is three years, while for males it is five years. Upon completion of the aforementioned working period, teachers and educational administrators shall be arranged by the competent educational management authority to rotate back to their last place of residence and work before being rotated to work in areas with extremely difficult socio-economic conditions, or facilitate the connection for teachers and educational administrators to transfer work according to their wishes.

Clause 2. The educational management agency and the locality where teachers and educational administrators return from rotation shall have the responsibility to accept, arrange, and assign jobs, and simultaneously rotate others to replace them if required. In case there are difficulties regarding staffing and salary funds, adjustments will be made to the staffing and salary funds. At the end of the term, teachers and educational administrators who voluntarily choose to stay to continue working and stabilize their long-term life shall be considered for land allocation for housing and farm economy, family economy, and loans for housing and economic activities at preferential interest rates repayable over ten years.

Clause 3. If teachers and educational administrators move with their families, they shall be entitled to travel allowance for train tickets and baggage fees for accompanying members, and relocation allowance of VND 6,500,000 (six million five hundred thousand dong) for each household.

When teachers and educational administrators are rotated to work at educational facilities in areas with extremely difficult socio-economic conditions, they shall be entitled to a one-time allowance of VND 4,000,000 (four million dong) per person. The People's Committee of the district-level administrative unit shall be responsible for receiving, processing the one-time allowance, and providing accommodation for teachers and educational administrators transferred to the locality.

For regions truly lacking fresh water seasonally, teachers and educational administrators shall be provided with a subsidy for purchasing and transporting fresh water to meet daily living needs after deducting the cost of fresh water for living included in their salaries. The People's Committees of provinces with regions lacking fresh water shall decide on the duration and level of subsidies for purchasing and transporting fresh water based on the specific situation of communes and islands lacking clean water.

Teachers and educational administrators engaged in full-time illiteracy eradication and universal education who frequently travel to villages, hamlets, and ethnic communities shall be entitled to a mobility allowance equivalent to 0.2 times the minimum wage.

Teachers and educational administrators teaching in ethnic minority languages and scripts shall be entitled to an additional subsidy of 50% of their current salary and position allowance, and seniority allowance exceeding the framework (if applicable).

Clause 1. Teachers and educational administrators working in areas with extremely difficult socio-economic conditions shall be entitled to allowances for sightseeing, study, and professional training as stipulated in Article 4 of Chapter II of this Decree.

Clause 2. Teachers and educational administrators working in ethnic minority areas within regions with extremely difficult socio-economic conditions who self-study ethnic languages to serve their work shall be supported with funds for purchasing materials and training for self-study of ethnic languages, equivalent to or comparable to the support for regular school and class learning.

Article 15. Awards

Clause 1. Teachers and educational administrators working in areas with extremely difficult socio-economic conditions who have many achievements contributing to the education cause shall be considered for awarding the titles of National Teacher, Outstanding Teacher, and Commemorative Medal for the Education Cause in accordance with the provisions of the law.

Clause 2. The criteria for working time and direct teaching time for awarding the Commemorative Medal for the Education Cause, conferring the title of National Teacher, and Outstanding Teacher for teachers and educational administrators working in areas with extremely difficult socio-economic conditions shall be converted or reduced according to the regulations of the Minister of Education and Training.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

Clause 1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

Clause 2. The subsidy systems prescribed in Articles 5, 7, 8, and 13 of this Decree shall replace the subsidy systems stipulated in Articles 5, 7, 8, and 13 of Decree No. 35/2001/NĐ-CP dated July 9, 2001 of the Government on policies for teachers and educational administrators working in specialized schools and areas with extremely difficult socio-economic conditions, and shall be calculated for retroactive payment according to the new subsidy levels for those entitled to such benefits from October 1, 2004.

Clause 3. This Decree replaces Decree No. 35/2001/NĐ-CP dated July 9, 2001 of the Government on policies for teachers and educational administrators working in specialized schools and areas with extremely difficult socio-economic conditions.

Article 17. Guidance on Implementation

The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Finance and the Ministry of Home Affairs to be responsible for guiding the implementation of this Decree.

Article 18. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.