Ms. L.P reflected that from May 2025 to December 2025, Nguyen Binh Khiem High School No. 2 (Gia Lai) has cut the preferential allowance level for teachers of her and her colleagues from 35% to 30%. And currently the school is recovering 5% for 4 months (from January to April 2025, the school pays 35% preferential allowance for teachers).
The reason given by the school: Based on Decision No. 861/QD-TTg dated June 4, 2021 of the Prime Minister, Chu Se Town is no longer on the list of communes in regions I, II, III belonging to ethnic minority and mountainous areas in the period 2021-2025, so it is not entitled to the 35% preferential rate.
Ms. L.P said that this reduction is unfounded, because according to point c, clause 1, Article 2 of Decision No. 244/2005/QD-TTg and guidance at point c, clause 1, section II of Joint Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC, the 35% allowance level applies to teachers teaching at schools in mountainous, island, remote, and isolated communes.
In addition, Decision No. 861/QD-TTg is used to classify communes according to the level of development (Zone I, II, III) in order to implement specific social security policies, without changing the administrative boundaries of Chu Se district, which is a mountainous district.
Ms. L.P believes that the fact that a town is no longer on the list of particularly difficult communes (QD 861) does not mean that it is no longer a "mountainous area" according to other administrative lists of competent authorities (such as the Committee for Ethnic Minorities Affairs). If the competent state agency has not yet issued a document determining that Chu Se Town is removed from the list of "mountainous areas" to calculate preferential allowances for teachers, then the school cannot arbitrarily apply QD 861 to reduce this right.
Ms. L.P also said that the application of the allowance level must be based on the principle of benefiting workers and complying with the list of mountainous areas issued by the Committee for Ethnic Minorities Affairs. The sudden reduction from May 2025 without a notice based on separate guiding documents for the education sector is not in accordance with the provisions of the Education Law and regulations on salaries.
To ensure legitimate rights and interests, Ms. L.P requested the principal of the school and relevant agencies to review and re-examine the legal basis of applying the 30% allowance for Nguyen Binh Khiem High School No. 2; to fully recover and pay 5% of the preferential allowance that was deducted to her and teachers in the period from May 2025 to December 2025.
Gia Lai Department of Education and Training, upon receiving feedback and recommendations from citizens, issued a written response. According to Gia Lai Department of Education and Training, the preferential regime for teachers is implemented according to Decision No. 244/2005/QD-TTG dated October 6, 2005 of the Prime Minister on the preferential allowance regime for teachers directly teaching in public educational institutions; Joint Circular No. 01/2006/TTL-BGD&DT-BNV-BTC dated January 23, 2006 of the inter-ministries: Ministry of Education and Training, Ministry of Home Affairs, Ministry of Finance guiding Decision No. 244/2005/QD-TTg dated October 6, 2005 of the Prime Minister stipulating the preferential allowance regime for teachers directly teaching in public educational institutions.
Which includes the content stipulating "The determination of mountainous areas shall be implemented according to the regulations of the Committee for Ethnic Minorities Affairs; island areas according to geographical reality; deep and remote areas depending on the characteristics of each locality shall be guided by the Provincial People's Committee after having the unanimous opinion of the Inter-Ministry".
According to Official Dispatch No. 293/UBDT-CSDT dated March 29, 2019 of the Committee for Ethnic Minorities Affairs on determining the area of mountainous communes implementing policies according to Decision No. 244/2005/QD-TTg. Which includes the content "Ministrys, branches, and localities shall unify policies for villages, hamlets, and communes in ethnic and mountainous areas in the period 2012-2015, promulgated by the Prime Minister in Decision No. 30/2012/QD-TTg dated July 18, 2012 (now Decision No. 50/2016/QD-TTg, dated April 28, 2017)".
Therefore, in 2025, determining mountainous areas to pay preferential regimes for teachers implemented according to Decision No. 861/QD-TTg dated June 4, 2021 of the Prime Minister approving the list of communes in region III, region II, region I belonging to ethnic minority and mountainous areas in the period 2021-2025 is in accordance with legal regulations.
Currently, the determination of mountainous areas to pay preferential regimes for teachers is implemented according to Decision No. 209/QD-UBND dated January 16, 2026 of Gia Lai Provincial People's Committee approving the list of villages in ethnic minority and mountainous areas, particularly difficult villages; communes in ethnic minority and mountainous areas, communes in areas I, II, III in Gia Lai province in the period 2026 - 2030. In which, Chu Se commune is a commune in area I.
