Mr. V.B. C said that based on Article 1 of Decree No. 77/2021/ND-CP, the decree applies to 2 groups of subjects including:
1. Teachers include civil servants specializing in education and training (with a code number with the initial characters V.07) and professional education civil servants specializing in vocational education (with a code number with the initial characters V.09) on the payroll list approved by competent authorities, who are teaching and educating in public educational institutions funded by the State for operation (including revenue from the state budget and professional revenue sources as prescribed by law).
2. Teachers on the payroll list approved by competent authorities who are teaching, guiding practice, and experimenting at training ships, school workshops, stations, camps, practice centers, laboratories, departments of general education institutions, continuing education institutions, vocational education institutions, and public higher education institutions.
Thus, Clause 1, Article 1 of Decree No. 77/2021/ND-CP applied to teachers who are public employees is clear. However, for the subjects in Clause 2, Article 1 of Decree No. 77/2021/ND-CP, which are "Teachers on the payroll list" approved by competent authorities, who are teaching, guiding practice, experimenting at training ships, school workshops, stations, camps, practice centers, laboratories, departments of general education institutions, continuing education institutions, vocational education institutions, public higher education institutions.
This leads to 3 different understandings of the subjects entitled to seniority allowances for teachers in Clause 2, Article 2 of Decree No. 77/2021/ND-CP, specifically:
The first understanding: Contract workers (including contract 111 and other types of contracts) at continuing education, vocational education, and higher education institutions who receive salaries from the state budget are eligible to receive seniority allowances for teachers, and are not necessarily public employees.
Second understanding: Only employees who are teaching, guiding practice, experimenting at training ships, school workshops, stations, camps, practice centers, laboratories, departments of general education institutions, continuing education institutions, vocational education institutions, public higher education institutions are entitled to seniority allowances for teachers. If employees participate in teaching, guiding practice... at other units (such as Faculties, Branches) of general education institutions, continuing education institutions, vocational education institutions, public higher education institutions, they are not entitled to seniority allowances for teachers.
Third understanding: Teachers on the payroll list approved by competent authorities, who are teaching, guiding practice, experimenting at training ships, school workshops, stations, camps, practice centers, laboratories, departments of general education institutions, continuing education institutions, vocational education institutions, public higher education institutions.
This means that teachers who are labor contractors at general education institutions, continuing education institutions, vocational education institutions, and public higher education institutions with specific characteristics such as police and military schools. Therefore, if they are teachers of specific units above, they are entitled to seniority allowances; while lecturers who are labor contractors at other higher education institutions are not entitled to seniority allowances.
We respectfully request the Ministry of Education and Training to answer and respond in writing to unify the understanding and application of seniority allowances for teachers for cases that are not civil servants according to Clause 2, Article 1 of Decree No. 77/2021/ND-CP" - reader's recommendation.
Answering this question, the Ministry of Education and Training said that the seniority allowance regime for teachers is implemented according to the provisions of Decree No. 77/2021/ND-CP dated August 1, 2021 of the Government.
Accordingly, Clause 2, Article 2 of this Decree stipulates that teachers on the payroll list approved by competent authorities who are teaching, guiding practice, and experimenting at training ships, school workshops, stations, camps, practice centers, laboratories, departments of general education institutions, continuing education institutions, vocational education institutions, and public higher education institutions are eligible for seniority allowances for teachers.
