Sending a question to the Government Electronic Information Portal, reader C.D.A said that he graduated from the Pedagogical College in 2010, and was assigned to teach Fine Arts at an elementary school. In 2012, he studied at the University of Fine Arts, receiving a bachelor's degree in 2015.
From 2015 to 2023, Mr. Duc Anh received the salary of a grade III primary school teacher, level 5, system 3.66; seniority of 12%, code V.07.03.29 because there was no form of consideration or promotion exam to receive university salary.
In 2019, the school created conditions for him to study for a second degree at the University of Education and Primary Education and get a degree in 2023. After obtaining his degree, he was recruited as a primary school teacher.
Since graduating, he has worked at the school for 14 years. However, since moving to primary school teachers, he has not been able to keep the salary level 5 coefficient 3.66 code V.07.03.29 anymore but has had to return to the salary level 2 coefficient 2.67.
Mr. D.A. asked, are 14 years of working and paying insurance along with his contributions not counted, is that correct? Based on the document, which decision will lower his salary from level 5 to level 2?
Regarding this issue, the Ministry of Education and Training responded as follows:
Before December 7, 2023, the salary arrangement for people with working time who have paid compulsory social insurance according to the provisions of the Social Insurance Law before the date of recruitment and acceptance as civil servants shall be implemented according to the provisions of Clause 5, Article 13 of Decree No. 115/2020/ND-CP, specifically as follows:
"In case a person is recruited or accepted to work as a civil servant according to the provisions of this Decree, and is assigned to work in the same industry, training profession or according to the same professional expertise he has previously held, the working time with compulsory social insurance payment according to the provisions of the Law on Social Insurance before the date of recruitment or admission to work as a civil servant (if there is a working time with compulsory social insurance payment that is not continuous but has not received a one-time social insurance subsidy, it will be accumulated) at the training level corresponding to the training level according to the requirements of the recruited and received job position, it will be counted as a basis for salary classification according to the job title in accordance with the recruited and received job position".
From December 7, 2023, the salary arrangement for people with working time who have paid compulsory social insurance according to the provisions of the Law on Social Insurance before the date of recruitment and acceptance as civil servants shall be implemented according to the provisions of Clause 5, Article 13 of Decree No. 115/2020/ND-CP, which has been amended in Clause 7, Article 1 of Decree No. 85/2023/ND-CP dated December 7, 2023, specifically as follows:
"In case a person recruited or accepted as a civil servant as prescribed in this Decree has previously worked in accordance with the provisions of law and has paid compulsory social insurance (if not continuously but has not received a one-time social insurance allowance, it will be accumulated), that period will be calculated as the basis for salary classification according to professional title in accordance with the recruited or accepted job position if meeting all the prescribed conditions".
In particular, the salary arrangement for those recruited and accepted as civil servants has been guided by the Ministry of Home Affairs in Circular No. 05/2024/TT-BNV dated June 27, 2024 (effective from August 15, 2024).
Request Mr. C.D.A to provide evidence of the working period with compulsory social insurance contributions to the competent authority for recruitment and salary classification of the locality for detailed instructions.
