Ms. Le Quynh Trang works as a primary school teacher, signed a 3-month contract with the school from September 2012, then the school signed a contract once a year, with continuous social insurance contributions. On November 10, 2016, she obtained a university degree, in January 2022, she was employed, ranked III V.07.03.29, coefficient 2.67, salary increase next time from November 10, 2020.
Ms. Trang paid social insurance continuously until the civil servant exam was 13 years and 1 month, minus 1 year of probation, and 12 years and 1 month because in September 2013 she took maternity leave.
Ms. Trang asked, do you have enough time to hold rank III for 9 years?
The Ministry of Education and Training answers this question as follows:
According to the provisions of Clause 16, Article 1 of Decree No. 85/2023/ND-CP of the Government:
d) Meeting the minimum working time requirement for holding a subordinate professional title according to the requirements of professional title standards for promotion consideration, except in cases of professional title promotion consideration where that professional title according to regulations at the time of consideration does not have a subordinate rank.
In case civil servants before being recruited or received have worked for a period of time (excluding probationary period as prescribed in Clause 2, Article 21 of this Decree) in accordance with the law, have paid compulsory social insurance, work in positions requiring appropriate professional and nghiệp vụ qualifications (if there is non-continuous working time but they have not received a one-time social insurance allowance, it is accumulated) and that time is calculated as a basis for ranking salaries in the current professional title, it is considered equivalent to the current professional title rank.
In case of calculating an equivalent time, there must be at least 12 months of holding a lower-ranking professional title adjacent to the rank of professional title for consideration until the deadline for submitting applications for promotion consideration".
Therefore, the working time with compulsory social insurance contributions before being recruited or received as a civil servant may be considered to be equivalent to the time holding the current professional title if meeting the conditions according to regulations.
At the same time, in case of using equivalent time for promotion consideration, it must be ensured that there are at least 12 months of holding a lower-ranking professional title immediately after the deadline for submitting applications for promotion consideration.
The determination of whether the working time before recruitment is considered equivalent or not needs to be based on the dossier, working process and specific salary ranking of each case. Therefore, it is requested that Ms. Le Quynh Trang provide relevant dossiers to the competent authority to organize promotion in the locality for consideration, guidance and answers according to their authority.
