Answering the question of Lao Dong Newspaper readers, Lawyer Diep Nang Binh - Head of Tinh Thong Law Office (Ho Chi Minh City Bar Association) said that one of the issues that many people are interested in today is the case of principals and vice principals who are receiving management position allowances, if they retire early during the school arrangement process, is the allowance level calculated according to the salary of the management position or according to the position after arrangement?
According to the lawyer, for principals and vice-principals who are receiving management position allowances and retire early in the process of school arrangement, the basis for calculating allowances is not the salary level of the new working position after arrangement.
Clause 4, Article 4 of Resolution 37/2026/NQ-CP stipulates that in case principals and vice-principals resign from their positions or are appointed to new positions with lower position allowances due to the arrangement of educational institutions, the leadership position allowance is preserved according to Article 11 of Decree 178/2024/ND-CP.
Accordingly, the retained position allowance is still included in the current monthly salary to serve as a basis for calculating early retirement regimes and policies according to Article 7 of Decree 178/2024/ND-CP, amended and supplemented by Decree 67/2025/ND-CP.
Thus, if principals and vice-principals are dismissed from their positions or transferred to positions with lower position allowances and fall into the case of preservation, then when retiring early, the salary used as a basis for calculating allowances still includes the preservation of the leadership position allowance.
According to the lawyer, in this case, the allowance level is not calculated simply based on the allowance of the new job position. This is a point to pay special attention to when determining the rights of school administrators in the process of arrangement.
