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THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No. 113/2015/ND-CP
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Hanoi, November
9, 2015
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DECREE
SPECIAL,
INCENTIVE, RESPONSIBILITY ALLOWANCE, PHYSICAL HARDSHIP, HAZARD AND DANGER
ALLOWANCE PAID TO TEACHERS WORKING IN PUBLIC EDUCATIONAL ESTABLISHMENTS
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Education dated November
27, 2014;
After considering the request of the Minister of
Labor, War Invalids and Social Affairs,
The Government hereby introduces the Decree on
special, incentive, responsibility allowance, physical hardship, hazard and
danger allowance paid to teachers working in public educational establishments.
Chapter I
GENERAL PROVISIONS
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This Decree provides for the special allowance paid
to integrative teachers, artist teachers or persons who have achieved high
levels of professional competence in teaching practical classes; incentive and
responsibility allowance paid to teachers teaching disable students; physical
hardship, hazard and danger allowance paid to practical teachers carrying out
direct teaching work at vocational education centers, public two-year colleges
or junior colleges (hereinafter referred to as public vocational education
institution) under fixed-term or unlimited employment contracts.
Article 2. Definition
For the purposes of this Decree, terms used herein
shall be construed as follows:
1. Integrative teaching refers to teaching of
theoretical and practical knowledge in a lesson/course/module/subject.
2. A person achieving a high level of professional
competence refers to a person who has gained the national professional skill
certificate at level 4 or higher, or level 5/6, 6/7 or higher.
3. Public vocational education institution or class
intended for disabled students refer to public vocational education institution
or class attended by more than 70% of disabled students.
4. Socialization class refers to a class affiliated
to a public vocational education institution which is attended by 5% to under
70% of disabled students.
Article 3. Funding source for allowance
payments
Allowance payments defined in this Decree are
financed by the state budget and legal collections in accordance with
applicable regulations of a public vocational education institution.
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ALLOWANCE PAID TO
TEACHERS OF PUBLIC EDUCATIONAL ESTABLISHMENTS
Section 1: SPECIAL ALLOWANCE
PAID TO INTEGRATIVE TEACHERS, ARTIST TEACHERS AND PERSONS WHO HAVE ACHIEVED
HIGH LEVELS OF PROFESSIONAL COMPETENCE IN TEACHING PRACTICIAL CLASSES
Article 4. Eligibility for
allowance
Teachers are performing integrative teaching
duties; teachers are recognized as outstanding artists or those awarded higher
recognition; persons who achieved high levels of professional competence are
teaching practical classes in public vocational education institutions.
Article 5. Level of allowance
Teachers referred to in Article 4 of this Decree
shall be entitled to the special allowance at the rate of 10% of their current
salary plus leadership allowance and extra-seniority allowance (if any).
Article 6. Method of calculation
and payment
1. The special allowance is calculated based on the
actual amount of integrative and practical teaching hours.
2. The special allowance shall be paid at the same
time with monthly salary payment and shall not be included as the basis for
calculating social insurance contribution and cover.
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Article 7. Eligibility for
allowance
1. Teachers are carrying out full-time teaching of
disabled students in public vocational education institutions specializing in
disabled student education or disabled student classes arranged in public
vocational education institutions.
2. Teachers are carrying out part-time teaching of
disabled students in classes intended for disabled students in public
vocational education institutions.
3. Teachers are carrying out full-time teaching of
disabled students in socialization classes intended for disabled students in
public vocational education institutions.
4. Teachers are carrying out part-time teaching of
disabled students in socialization classes intended for disabled students in
public vocational education institutions.
Article 8. Level of allowance
1. Teachers referred to in paragraph 1 Article 7 of
this Decree shall be entitled to the responsibility allowance at the level of
0.3 as against the base salary and incentive allowance paid for their teaching
of disabled students at the rate of 70% of their current salary plus the
leadership allowance and extra-seniority allowance (if any).
2. Teachers referred to in paragraph 2 Article 7 of
this Decree shall be entitled to the responsibility allowance at the level of
0.3 as against the base salary and incentive allowance paid for their teaching
of disabled students at the rate of 40% of their current salary plus the
leadership allowance and extra-seniority allowance (if any).
3. Teachers referred to in paragraph 3 Article 7 of
this Decree shall be entitled to the responsibility allowance at the level of
0.2 as against the base salary and incentive allowance paid for their teaching
of disabled students, including the following rates:
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b) 40% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 10% to under 20% of disabled students;
c) 45% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 20% to under 30% of disabled students;
d) 50% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 30% to under 40% of disabled students;
dd) 55% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 40% to under 50% of disabled students;
e) 60% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 50% to under 60% of disabled students;
g) 65% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 60% to under 70% of disabled students.
4. Teachers referred to in paragraph 4 Article 7 of
this Decree shall be entitled to the responsibility allowance at the level of
0.2 as against the base salary and incentive allowance paid for their teaching
of disabled students, including the following rates:
a) 5% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 5% to under 10% of disabled students;
b) 10% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 10% to under 20% of disabled students;
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d) 20% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 30% to under 40% of disabled students;
dd) 25% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 40% to under 50% of disabled students;
e) 30% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 50% to under 60% of disabled students;
g) 35% of their current salary plus the leadership
allowance and extra-seniority allowance (if any), applicable to socialization
classes attended by 60% to under 70% of disabled students.
5. If teachers assigned full-time duties to teach
disabled students have been paid the responsibility allowance and the incentive
allowance for their teaching of disabled students under the provisions of
paragraph 1 and 3 of this Article, they shall not be entitled to the incentive
allowance under the provisions of the Prime Minister’s Decision No.
244/2005/QD-TTg dated October 6, 2005 on the incentive allowance benefit
granted to teachers who are performing their direct teaching duties in public
vocational education institutions.
6. If teachers assigned part-time duties to teach
disabled students have been paid the responsibility allowance and the incentive
allowance for their teaching of disabled students under the provisions of
paragraph 2 and 4 of this Article, they shall be simultaneously entitled to the
incentive allowance under the provisions of the Prime Minister’s Decision No.
244/2005/QD-TTg dated October 6, 2005 on the incentive allowance benefit
granted to teachers who are performing their direct teaching duties in public
vocational education institutions.
Article 9. Method of
calculation and payment
1. The allowance paid to teachers who do not
perform full-time duties to teach disabled students under the provisions of
paragraph 2 and 4 of this Article shall be calculated based on the actual
amount of disabled student teaching hours.
2. Payment of the allowance to teachers as defined
in paragraph 1, 2, 3 and 4 Article 8 of this Decree shall coincide with payment
of the monthly salary and shall not be included as the basis for calculating
social insurance contribution and cover.
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Article 10. Eligibility for
allowance
1. Teachers must perform practical or integrative
teaching duties (hereinafter referred to as practical teachers) in practice
classrooms or facilities of public vocational education institutions or
enterprises, manufacturing, trading and service business establishments
associated with academic disciplines which involve one of physical hardship,
hazard or danger as follows:
a) Direct contact with poisonous substances, gases
or dusts; practical teaching work performed in the work environment that may
easily inflict infection and infectious diseases in accordance with
regulations;
b) Practical teaching work performed in the
high-pressure or low-oxygen, very hot or cold work environment which exceeds
the required standard;
c) Practical teaching work performed for academic
disciplines that emit loud noise or at places that create constant
high-frequency vibration exceeding rigorous standards of occupational safety
and hygiene;
d) Practical teaching work performed in the work
environment which produces radioactivity, radiation or electromagnetic field
exceeding the required standard.
2. The list of academic disciplines which have
arduous, hazardous and dangerous attributes shall be issued by the Ministry of
Labor, War Invalids and Social Affairs.
Article 11. Level of allowance
The physical hardship, hazard and danger allowance
shall be calculated based on the base salary, which is categorized into the
following level:
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2. The level of 0.2 applicable to teachers teaching
academic disciplines which involve two physical hardship, hazard or danger
elements stipulated in paragraph 1 Article 10 hereof.
3. The level of 0.3 applicable to teachers teaching
academic disciplines which involve three physical hardship, hazard or danger
elements stipulated in paragraph 1 Article 10 hereof.
4. The level of 0.4 applicable to teachers teaching
academic disciplines which involve four physical hardship, hazard or danger
elements stipulated in paragraph 1 Article 10 hereof.
Article 12. Method of
calculation and payment
1. The physical hardship, hazard and danger
allowance shall be calculated based on the actual amount of hours spent teaching
arduous, hazardous and dangerous disciplines.
2. Payment of the physical hardship, hazard and
danger allowance shall coincide with payment of the monthly salary and shall
not be included as the basis for calculating social insurance contribution and
cover.
Chapter III
IMPLEMENTARY PROVISIONS
Article 13. Effect
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2. Regulations on the allowance benefit granted to
teachers teaching arduous, hazardous or dangerous disciplines and the allowance
benefit granted to teachers teaching students with disability in public
vocational education institutions as prescribed in Article 5, 6, 7, 9, 10 and
11 of the Government’s Decree No. 43/2008/ND-CP dated April 8, 2008 on specific
provisions and guidance on implementation of Article 62 and 72 of the Law on
Vocational Training; regulations on the incentive policy and allowance benefit
granted to teachers in public vocational education institutions as referred to
in paragraph 1 and 2 Article 7 of the Government’s Decree No. 28/2012/ND-CP
dated April 10, 2012 on specific provisions and guidance on implementation of
several articles of the Law on Disabled People, shall become defunct from the
date of entry into force of this Decree.
Article 14. Implementation
1. The Minister of Labor, War Invalids and Social
Affairs, the Minister of Education and Training, and the Minister of Finance,
shall be responsible for providing guidance on implementation of this Decree.
2. Minister, Head of a Ministry-level agency, Head
of a Governmental body, President of a centrally-affiliated city or province,
and relevant organizations, shall be responsible for enforcing this Decree./.
PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung