Ms. Nguyen Thi Thanh Thuy (Khanh Hoa) graduated from the Primary Education College and is a contract primary school teacher with a coefficient of 2.1 from November 2016 to May 2017, September 2017 to May 2018 (16 months).
In September 2018, she obtained a university degree and was signed a contract with a salary of 5.5 million VND from September 2018 to May 2019 (9 months). From September 2020 to May 2024, she signed a non-continuous contract and was accumulated for 45 months with a salary coefficient of 2.34. In August 2024, she was admitted to the rank III primary school teacher position.
Ms. Thuy asked: "By August 2025, after the probation period ends, how will I be appointed to a professional title and ranked salary and seniority as a teacher? I have not received one-time social insurance.
The Ministry of Education and Training answers this question as follows:
In August 2024, the probationary regime and salary arrangement for cases that had compulsory social insurance contributions before recruitment and reception were implemented according to the provisions of Decree No. 115/2020/ND-CP, which has been amended and supplemented by a number of articles in Decree No. 85/2023/ND-CP. Specifically as follows:
Clause 5, Article 21 of Decree No. 115/2020/ND-CP has been amended and supplemented in Clause 12, Article 1 of Decree No. 85/2023/ND-CP stipulating:
5. Cases of being recruited into civil servants do not have to implement probationary regimes if they meet the following conditions:
a) Being assigned to work in accordance with the training major and according to the professional expertise and nghiep vu of the work previously undertaken;
b) The working time for professional and nghiep vu work previously undertaken in accordance with the law, with compulsory social insurance contributions (if not continuous, it is accumulated), equal to or greater than the corresponding probationary period as prescribed in Clause 2 of this Article.
In case it meets the conditions at point a but does not have enough time as prescribed at point b, the working time is deducted from probationary time as prescribed".
Clause 5, Article 13 of Decree No. 115/2020/ND-CP has been amended and supplemented in Clause 7, Article 1 of Decree No. 85/2023/ND-CP stipulating:
In case the person recruited and accepted into the civil service according to the provisions of this Decree has previously worked in accordance with the law, has paid compulsory social insurance (if not continuously but has not received a one-time social insurance allowance, it is accumulated), then that time is calculated as a basis for ranking salaries according to professional titles suitable to the job position being recruited and accepted if meeting sufficient conditions according to regulations".
Salary arrears after working time
According to the Ministry of Education and Training, salary ranking for cases where they have worked in accordance with the law before recruitment and reception, and have compulsory social insurance contributions is implemented according to the provisions of Article 4 of Circular No. 05/2024/TT-BNV dated June 27, 2024 of the Minister of Home Affairs stipulating standards and conditions for considering promotion to rank II and rank I for administrative civil servants, clerical civil servants, and archival civil servants; salary ranking for people recruited and received into civil servants.
The salary ranking for the case of Ms. Nguyen Thi Thanh Thuy is implemented according to the provisions of point a, clause 3, Article 4 of Circular No. 05/2024/TT-BNV as follows:
Based on the total salary enjoyment time with compulsory social insurance contributions (if there is non-continuous time but no one-time social insurance benefits, it is accumulated) minus probationary time calculated according to the regulations of the appointed professional title when recruiting and receiving, the remaining time is used as a basis for ranking salaries in the appointed professional title as follows:
Calculated from the grade 1 of the professional title of civil servant appointed when recruiting and receiving, after each period of 03 years (36 months) for cases appointed to the position of civil servant ranked in grade A0, grade A1, or after each period of 2 years (24 months) for cases appointed to the position of civil servant ranked in grade B, it is ranked up to 1 salary grade.
After converting the time to be ranked in the salary grade in the professional title appointed when recruiting and receiving mentioned above, if there are months that are not enough 36 months (for civil servants ranked as salary grade A0, grade A1) or not enough 24 months (for civil servants ranked as salary grade B), then these months are counted as the time to consider increasing salary grade for the next time or considering enjoying seniority allowances exceeding the framework (if any) in the title appointed when recruiting and receiving".
According to information provided by Ms. Thuy, she had about 70 months of contract to work as a primary school teacher and paid compulsory social insurance before being officially recruited, with this time she was determined to be in a case where she did not have to implement a probationary regime. At the same time, this time is calculated as a basis for ranking salaries according to the professional title of primary school teacher.
The Ministry of Education and Training requested her to provide complete documents proving that her work process has compulsory social insurance contributions in the position of primary school teacher to the competent authority for appointment and salary ranking in the locality for specific guidance.
