Mr. Nguyen Van Nam (Dak Lak) has been a contract teacher at a secondary school in a particularly difficult area (region III) since April 2012 with code 15a.202, salary coefficient of 2.10, and social insurance.
In September 2020, he was recruited under special circumstances and still works at the school with the professional title of Grade III Secondary School Teacher, code V07.04.12 with salary coefficient 2.72.
Currently, his working time in a particularly difficult area with social insurance is more than 12 years.
Mr. Nam wondered if he was entitled to a long-term work allowance in an area with particularly difficult socio-economic conditions according to Decree No. 76/2019/ND-CP? Is the base period for calculating the benefit from the start of the contract (April 2012) or from the time of recruitment (September 2020)?
Regarding the reflection and recommendation of Mr. Nguyen Van Nam, the Ministry of Home Affairs said that the allowance for long-term work in areas with particularly difficult socio-economic conditions is implemented according to the provisions of Article 5 of Decree No. 116/2010/NDCP dated December 24, 2010 of the Government on policies for cadres, civil servants, public employees and salary earners in the armed forces working in areas with particularly difficult socio-economic conditions; Article 4 of Joint Circular No. 08/2011/TTLT-BNV-BTC;
In particular, the subjects applying for long-term work allowance in areas with particularly difficult socio-economic conditions have been stipulated in Article 2 of Decree No. 116/2010/ND-CP, including:
1. Cadres, civil servants, public employees and people working under labor contracts, including interns and probationers in agencies, organizations, and public service units of the Party, State, and socio-political organizations from the central level to communes, wards, and towns;
2. Officers, professional soldiers, technical non-commissioned officers and people receiving salaries from the state budget, including people working under labor contracts in the people's army and people's police;
3. The subjects specified in Clause 1 and Clause 2 of this Article working in communes not classified as particularly disadvantaged in poor districts according to Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government shall be subject to the policies specified in this Decree.
The Ministry of Home Affairs provides specific implementation instructions in Article 2 of Joint Circular No. 08/2011/TTLT-BNV-BTC.
In addition, the organization and implementation of regimes and policies for cadres, civil servants, public employees and workers in provinces and centrally-run cities (provincial level) is under the authority of the Provincial People's Committee.
Therefore, the Ministry of Home Affairs recommends that Mr. Nguyen Van Nam contact the specialized agency of the Dak Lak Provincial People's Committee (Department of Home Affairs) for answers.
