Ms. Nguyen Thuy Chi (Hai Phong) graduated from the College of Fine Arts Pedagogy in 2010, is a contract teacher of Fine Arts at a secondary school, and paid social insurance from September 2010 to September 2017. In February 2019, Ms. Chi graduated from university with a major in elementary education and took the primary school teacher exam.
Since April 2020, Ms. Chi has been ranked as a Grade II primary school teacher with a salary coefficient of 2.34. In July 1, 2024, she was considered to be a new Grade III primary school teacher with a salary coefficient of 3.00.
Recently, when there was a promotion review for a Grade II primary school teacher, she was told that she did not meet the requirements because she had not held the position of Grade III primary school teacher for more than 9 years.
Ms. Chi asked, will the time she worked as a contract teacher and paid social insurance from September 2010 to September 2017 be counted as the equivalent period of holding the title of Grade III primary school teacher to be considered for promotion to Grade II? If not, when will your Grade III be considered and when will you be eligible to take the exam or be considered for promotion to Grade II?
Regarding this issue, the Ministry of Education and Training responded as follows:
Point d, Clause 1, Article 32 of Decree No. 115/2020/ND-CP, amended and supplemented in Clause 16, Article 1 of Decree No. 85/2023/ND-CP, stipulates:
"In case the civil servant before being recruited or accepted has had a working period (not counting the probationary period as prescribed in Clause 2, Article 21 of this Decree) in accordance with the provisions of law, has paid compulsory social insurance, worked in a job position with requirements for professional qualifications and skills (if there is a period of non-continuous work without receiving a one-time social insurance allowance, it will be accumulated) and that period will be counted as the basis for salary classification in the current professional title, it will be considered equivalent to the current professional title title rank".
At the same time, Point b, Clause 3 of Circular No. 05/2024/TT-BNV dated June 27, 2024 of the Minister of Home Affairs stipulates the standards and conditions for considering promotion to Grade II and Grade I for administrative officers, clerical officers, and archival officers; salary classification for those recruited and accepted as civil servants is stipulated as follows:
"In case there is a working period of a salary subject with compulsory social insurance payment in accordance with the provisions of law, which is calculated to classify the salary into the civil servant rank assigned when recruiting or receiving the prescribed in this clause, the equivalent period of holding the civil servant rank appointed shall be calculated from the date of having the same training level or having a higher training level than the training level required by the recruited or received job position".
The time Ms. Nguyen Thuy Chi worked as a contract teacher of Fine Arts at a secondary school (collegged level, majoring in Fine Arts Pedagogy) was not determined to have the same training level, have professional and technical requirements suitable for the position of primary school teacher and was not included as the basis for salary classification when appointed to the professional title of primary school teacher.
Therefore, her time as a contract art teacher at a junior high school is not counted as the same as the time she held the professional title of Grade III Primary School Teacher.
The professional title of Grade III Primary School Teacher was determined from April 2020 when she was officially appointed to the professional title of primary school teacher.
