Ms. Nguyen Thi Mai (character's name has been changed, in Yen Bai) signed a labor contract with a school, and has paid social insurance (SI) since August 2011. In January 2013, Ms. Mai was officially recruited into the industry. In October 2024, the commune where she works is no longer commune 135 (a particularly disadvantaged commune).
Article 13 of Decree No. 76/2019/ND-CP stipulates that actual working time in areas with particularly difficult socio-economic conditions (KTXH) is the total working time with compulsory social insurance contributions in areas with particularly difficult socio-economic conditions.
"The total time to calculate my transfer allowance is calculated from the time the contract has paid social insurance until the commune moves to the new countryside, which is 12 years and 2 months ( deducted from 12 months of maternity leave) or calculated from the time of recruitment (January 2013)?" - Mrs. Mai wondered.
Regarding Ms. Mai's reflection and recommendation, the Ministry of Home Affairs responded on the Electronic Information Portal.
The Ministry of Home Affairs said that the one-time allowance when transferring to work out of areas with particularly difficult socio-economic conditions or upon retirement has been specifically regulated in Article 8 of Decree No. 76/2019 dated October 8, 2019 of the Government.
Accordingly, the subjects specified in Article 2 of this Decree who are working and have actually worked in areas with particularly difficult socio-economic conditions for at least 10 years, when transferring to work out of areas with particularly difficult socio-economic conditions or upon retirement (or when the workplace is decided by competent authorities to no longer be an area with particularly difficult socio-economic conditions) will receive a one-time subsidy calculated based on the actual working time in areas with particularly difficult socio-economic conditions paid by the agency, organization, or management unit before transferring to work or upon retirement (or when the workplace is decided by competent authorities that it is no longer an area with particularly difficult socio-economic conditions).
The one -time allowance is prescribed as follows: Each year working in the area with extremely difficult socio -economic conditions is allowed to be 1/2 (one part two) the current monthly salary (according to the payroll by the competent authority of the Party and the State) plus the leadership position, seniority allowance over the frame (if any) at the time of transferring the work out of the area with an exceptionally difficult -working situation or the resolute area is not the right to retire. extremely difficult socio -economic conditions).
The subjects of policy application in areas with particularly difficult socio-economic conditions have been specifically regulated in Article 2 of Decree No. 76/2019.
The organization and implementation of policies and regimes for cadres, civil servants and public employees in provinces and centrally run cities (provincial level) is under the authority of the Provincial People's Committee.
Therefore, the Ministry of Home Affairs has asked Ms. Mai to contact the specialized agency of the Yen Bai Provincial People's Committee (Department of Home Affairs) for specific answers about the subjects and time to calculate the policy in areas with particularly difficult socio-economic conditions (including one-time subsidy policies).
