Decree No. 77/2021/ND-CP on the system of seniority allowances for teachers

DECREE

Regulations on seniority allowances for teachers

Pursuant to the Law on the Organization of the Government dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant to the Civil Servants Law dated November 15, 2010;đổamending and supplementing certain articles of the Civil Servants Law and the Civil Servants Law dated November 25, 2019;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPAt the proposal of the Ministry of Education and Training;

The Government promulgates this Decree stipulating the regulations on seniority allowances for teachers.This Decree stipulates the regulations on seniority allowances for teachers.This Decree applies to teachers currently teaching and educating in public educational institutions and academies, schools, and centers performing training and development tasks under state agencies, political organizations, and political-social organizations (hereinafter referred to collectively as public educational institutions) that have been converted and classified according to the Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for civil servants, public officials, and members of the armed forces, including:

1. Teachers comprising education and training professionals (with code prefixes V.07) and vocational education professionals (with code prefixes V.09) listed in the salary roster approved by the competent authority, currently teaching and educating in public educational institutions funded by the State (including funds from the State budget and other operating revenues as prescribed by law).of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs2. Teachers listed in the salary roster approved by the competent authority, currently teaching and guiding practical work, experiments at training ships, school workshops, stations, camps, practice centers, laboratories, and departmental rooms of public general education institutions, public continuing education institutions, public vocational education institutions, and public higher education institutions.â3. Individuals not covered by the provisions of Clause 1 and Clause 2 of this Article but holding code prefixes V.07 and V.09 are not eligible for seniority allowances for teachers.June 2024;c) Amend and supplement Clause 17 as follows:

Article 1. Scope of Regulation

Article 3. Time for calculating and time not for calculating seniority allowances

Article 2. Applicability

1. Time for calculating seniority allowances

The time for calculating seniority allowances is determined by the total of the following periods:

a) Time teaching and educating with mandatory social insurance contributions in public educational institutions.

b) Time teaching and educating with mandatory social insurance contributions in non-public educational institutions (for teachers currently teaching and educating in public educational institutions who previously taught and educated in non-public educational institutions).

c) Time working for which seniority allowances are calculated, including: time working and being paid according to one of the ranks or positions in customs, judiciary, prosecution, auditing, inspection, civil enforcement, forestry protection, national reserves, party inspection; time working for which seniority allowances are calculated in the military, police, cipher services, and time working for which seniority allowances are calculated in other professions (if applicable).

d) Time serving compulsory military service as prescribed by law before serving compulsory military service and being entitled to seniority allowances for their profession.

2. Time not for calculating seniority allowances

a) Probationary period.

b) Continuous leave without pay for one month or more.

c) Sick leave and maternity leave exceeding the duration prescribed by law on social insurance.

d) Time working as an expert, studying, interning, or conducting surveys within the country or abroad exceeding the duration decided by the competent authority.

đ) Time temporarily suspended from duty or detained or imprisoned for investigative, prosecutorial, or judicial purposes.

e) Time not working as specified in Points a, b, c, d, đ of Clause 2 of this Article.

b) The continuous period of personal leave without pay for one month or more.

c) The period of sick leave or maternity leave exceeding the duration prescribed by laws on social insurance.

d) The period of working as an expert, studying, training, performing duties, or conducting surveys within the country or abroad exceeding the duration decided by the competent authority.

đ) The period during which work is temporarily suspended or the employee is temporarily detained or imprisoned for investigative, prosecution, or trial purposes.

e) Any other period not covered by points a, b, c, d, and đ of Clause 2 of this Article.

Article 4. Level of seniority allowance

1. Teachers participating in teaching and education who have contributed to compulsory social insurance for at least 5 years (60 months) 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 the sixth year onwards, an additional 1% will be added for each year (12 months).

2. The seniority allowance shall be paid together with the monthly salary and used to calculate contributions and benefits under social insurance, health insurance, and unemployment insurance.

3. Calculation method for the monthly amount of seniority allowance:

Article 5. Source of funds for implementation

1. The source of funds for implementing the seniority allowance system for teachers shall be from legitimate income of the unit and funds guaranteed by the State budget, specifically:

a) For public educational institutions that self-finance regular expenses and investment costs and public educational institutions that self-finance regular expenses: The funds for implementing the seniority allowance system shall be guaranteed from the institution's legitimate income.

b) For public educational institutions that partially self-finance regular expenses: The funds for implementing the seniority allowance system shall be guaranteed from the institution's legitimate income and the State budget allocated according to the current State budget management hierarchy.

c) For public educational institutions fully financed by the State for regular expenses: The funds for implementing the seniority allowance system shall be guaranteed by the State budget and allocated in the annual budget plan of the educational institution according to the current State budget management hierarchy.

2. In cases where the State adjusts the basic salary level, relevant ministries, central agencies, and provincial-level cities shall organize, guide, review, and compile reports on the demand and funding sources for the teacher seniority allowance system into the demand for implementing salary reform according to current regulations on determining the demand and funding sources for adjusting the basic salary level annually; submit to the Ministry of Finance for examination and approval according to the regulations.

Article 6. Effectiveness

1. This Decree takes effect from the date of issuance.

2. The teacher seniority allowance system stipulated in this Decree shall be implemented from July 1, 2020 until the new salary policy is implemented as prescribed by the Government.

3. Decree No. 54/2011/NĐ-CP dated July 4, 2011 of the Government on the seniority allowance system for teachers and guiding documents thereof shall cease to be effective from July 1, 2020.

Article 7. Transitional Provisions

1. Localities and public educational institutions that have implemented the payment of the teacher seniority allowance system from July 1, 2020 to date shall continue to implement this Decree.

2. Teachers currently teaching in public educational institutions who still hold the rank of education and training civil servants (with the first two digits of the rank code being 15) but have not been transferred to the profession title of education and training civil servants (code V07) or vocational education profession (code V09) shall still enjoy the teacher seniority allowance system as prescribed in this Decree.

Article 8. Responsibility for Implementation

1. The head of public educational institutions shall be responsible for:

a) Settling back payments and implementing the payment of the teacher seniority allowance for eligible recipients from July 1, 2020.

b) Cooperating with the social insurance agency to adjust the contribution and benefit levels (if applicable) for teachers within the scope defined in this Decree who have retired or temporarily suspended the receipt of the seniority allowance during the period from July 1, 2020 to the date this Decree takes effect.

2. The authority managing teachers shall be responsible for inspecting the implementation of the seniority allowance system at subordinate educational institutions to ensure compliance with the provisions of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial-level city People's Committees, and related agencies, organizations, and individuals shall be responsible for enforcing this Decree./.