Pursuant to Decree No. 32/2008/ND-CP dated 19 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of education and training;
Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 54/2010/ND-CP on January 4, 2011 by the Government on extra mode level of seniority for teachers;
The Ministry of education and training, the Ministry of the Interior, the Ministry of finance and the Ministry of labor, invalids and Social Affairs Guide to perform a number of articles of Decree No. 54/2010/ND-CP on January 4, 2011 by the Government on extra mode level of seniority for teachers (hereafter abbreviated as Decree No. 54/2010/ND-CP) as follows : article 1. Tutorial on the object and scope of application of the provisions of article 1 of Decree 54/2010/ND-CP 1. In teacher payrolls, are teaching, education in public education institutions in the national education system and the schools, Center Academy, in State agencies, political organizations, social-political organizations (hereinafter referred to as the public institution) are State-level funding activities (including revenue from State budget and revenue sources his career under the provisions of the law).
2. Teachers in teaching duties, practical instruction in the school yard, camp, station, laboratory of professional education establishments and educational institutions public University.
3. Subject to the provisions in paragraph 1, paragraph 2 this was moved, wages by Decree No. 204/2004/ND-CP on December 14, 2004 by the Government on the salary for public servants and the armed forces. Specifically: a) the objects prescribed in paragraph 1 of this article must be placed in the categories of education and officer training (the first digit 2 quota of quota number is 15);
b) objects defined in paragraph 2 of this Article are not necessarily placed in the officer ranks in the education and training sector as defined in point a of this paragraph.
Article 2. Guidance on calculating time allowance, the level of seniority seniority allowance specified in article 2, article 3 of Decree 54/2010/ND-CP 1. Allowance calculation time seniority is determined by the sum of the following: a the time) time teaching, education have compulsory social insurance plays in public education institutions;
b) time teaching, education have compulsory social insurance premiums in addition to a public institution (for teachers are teaching, education in the public education facility that had previously taught, education in educational institutions outside the public);
c) working time is counted seniority allowance in other lines, including: working time is classified under one of the categories of wage or title of the specialized customs Court, Prosecutor, auditing, inspection, civil enforcement, Ranger, check out the party and working time is counted seniority allowance in the army public safety, and the body (if any);
d) time to go military service by law that before military service is counted seniority allowance trades;
DD) specified period at points a, b of this paragraph does not include the time prescribed in clause 3 article 2 of Decree 54/2010/ND-CP.
2. conditions to be counted seniority allowance made under the provisions of article 2 paragraph 1 of Decree 54/2010/ND-CP.
3. The level of seniority allowance is calculated as follows: teacher, the provisions of article 1 of this circular have the education, teaching time is counted seniority allowance as defined in Paragraph 1 of this article is enough for 5 years (60 months) shall be entitled to seniority allowance equal to 5% of salary we enjoy plus leadership stipend and allowance beyond seniority (if any); from the sixth year onwards, each year (full 12 months) added 1%.
Example 1: A teacher was teaching, education in kindergartens of public sale of 15 years, including 7 years join compulsory social insurance premiums, then was contracted to work for teaching, education in kindergarten up to now is 8 years. As such, A teacher have time allowance seniority is 15 years (7 years teaching, education in kindergartens have joined Charter compulsory social insurance and 8 years teaching, education in kindergarten), the level of seniority allowance corresponding to the time of 15 years is 15%.
Example 2: B teacher was teaching, education in a public University, after most of the time the episode has eight years of teaching, education. Then, teacher B was assigned to do inspection and be ranked in the overall volume of inspectors is 3 years, teacher B was next assigned as teaching, education in a public University to present three years. As such, teacher, B have time allowance seniority is 14 years (11 years teaching, education + 3 years in inspection staff turnover), the corresponding seniority allowance 14 year time is 14%.
Example 3. C teacher was teaching, education in public elementary school, after most of the time the episode was teaching, education is 6 years then go with military service time 2 years (24 months), then be demobilized about continued teaching, education in public elementary school in 4 years. As such, time allowance of teacher seniority C is 12 years (10 years in teaching, education + 2 years of military service), the corresponding seniority allowance time 12 years is 12%.
3. Calculation of the level of cash allowance Level monthly seniority seniority allowance money = coefficient of salary scales by plus weighting allowance, allowance for leadership beyond seniority (if any) does enjoy x general minimum wage stipulated by the Government each time x the level% enjoy seniority allowance article 3. Guide to funding sources make the provisions of article 4 of Decree 54/2010/ND-CP 1. The funds make extra mode level of seniority for teachers is made as follows: a) for public education institutions are the State budget guarantees the entire active regular funding: funding implementation regime seniority due to State budget guarantees and delivery in the estimation of the annual budget of the institution under the management hierarchy the current state budget management;
b) for the public institution itself guarantees a portion of funding: funding activity implemented regime seniority are guaranteed from the unit's career earnings and source-level State budget according to the decentralized management of the State budget;
c) for the public institution of self assured funding: funding activity implemented regime seniority are guaranteed from the free revenue sources to ensure the funding activities of the unit.
In the case of the State of implementation of the general minimum wage adjustment, ministries, central agencies and the provinces, central cities are responsible for organizing, guiding, and General reporting needs, the funds make extra mode level teacher seniority on the demands made to reform the salary according to the current rules on the determination of the needs funding source, make adjustments to general minimum wage annually and submit the Finance Ministry review, regulatory due diligence.
In 2011 the public institutions, the ministries, local use of funds made to reform the salaries have not used up to pay the extra mode level teacher seniority according to the instructions in this circular. The case of the funds follow the instructions in this circular are smaller compared to the funding needs to pay extra mode level teacher seniority as a rule, the ministries, local needs and report the funds made on the Ministry of finance to assess and process the supplementary authority according to the lack of difference part 1 , 2, 3 and 5a (for local cubes), or Schedule 1, Schedule 4, Schedule 5b (for the central ministries) attached to this circular.
2. The establishment and allocation, use and management of settlement funds made under the provisions of the law on the State budget.
Article 4. Guide to effective and responsible for enforcing the provisions of article 5 of Decree 54/2010/ND-CP 1. This circular effect since Feb. 20, 2012.
2. seniority allowance regime prescribed in this circular are entitled to count since January 1st, 2011.
3. the responsibility of the head of a public institution) pursuant to the provisions of Decree No. 54/2010/ND-CP and this circular; the base time teaching, teacher education, on the basis of records, biographies, shared social insurance and related documents; direct management unit, pay salaries to teachers, educational managers are responsible for reviewing the level of allowances and estimating demand made allowance for the seniority of the teacher education institutions according to the Schedule 1 the provisions of this circular sent competent agencies manage teacher evaluation and decision;
b) resolve access and made to pay extra money for Teacher seniority level subject is entitled under the provisions of Decree No. 54/2010/ND-CP and the guidance in this circular after receiving competent teacher approval, management decisions;
c) in collaboration with the social insurance agency to make additional submissions closed part excerpt social insurance, medical insurance, unemployment insurance from seniority allowance and adjust again the level of pensions for retired teachers in the period from January 2011 until this circular effect.
4. The responsibility of the competent authorities of home management.
The Agency has the authority to manage responsible teacher guide, check the implementation regime seniority in the institution directly under the guarantee in accordance with the provisions of this circular. At the same time responsible for evaluation, general funding needs and implement regime seniority under the Schedule 2, the Schedule 3 and Schedule 4.
5. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for organizing the implementation of this circular.
In the process if there are obstacles, the ministries, the local reflection on the Ministry of education and training to coordinate with the Ministry of the Interior, the Ministry of finance, Ministry of labor, invalids and Social Affairs research, resolve./.