After graduating from the pedagogical university in September 2013, I have signed a contract of teaching at DHC public school (with social insurance payment) up to September 2018. I have asked for seniority allowances since there have been enough 5 years from the date of signing contract. However, I'm still not eligible for seniority allowances due to my probationary period took 12 months from September 2013 to September 2014. I would like to know if the probationary period shall be counted for the seniority allowance, how to calculate the allowance and the procedure for receiving seniority allowance.
FDVN’s opinion:
Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice for your question.
[1] Legal basis:
- Law on public employees in 2010
- Decree No. 54/2011/NĐ-CP dated on July 04, 2011 on 04/7/2011 Senior allowance for education official.
- Joint Circular No. 68/2011/TTLT-BGDĐT-BNV-BTC-BLĐTBX dated on December 30, 2011, on guiding implement Decree No. 54/2011/NĐ-CP;
- Official dispatch No. 1177/BHXH-CSXH issued on April 04, 2012 by Vietnam social insurance.
[2] Conditions for earning senior allowance:
According to Clause 1 Article 2 of Decree No. 54/2011/NĐ-CP,“Teachers who have been teaching and educating for 5 years (60 months) are entitled to seniority allowances”.
The senior period includes Time of teaching and education in educational institutions; The period of seniority allowance in other professions is accumulated with the time of teaching and education in educational institutions to calculate the seniority allowance.
Besides, according to Clause 3 Article 2 this Decree on periods not calculated on senior period:
a) Apprenticeship, probationary period or contract period for the first time;
b) The period of private unpaid leave continuous for 1 month or more;
c) The period of sick leave and maternity leave exceeds the time limit prescribed by law on social insurance;
d) The period of temporary suspension of work or temporary custody and detention for investigation, prosecution, and judgment.
Thus, you have taught at DHC public school for 5 years including 1 year of apprenticing. According to law provisions, apprenticeship shall not be calculated on senior period. So, your working time is 4 years and not enough for you to earn senior allowance.
[3] Senior allowance:
a. Calculating senior allowance is in accordance with Article 3 of Decree No. 54/2011/NĐ-CP:
- Teachers with full 5 years (60 months) of teaching and education are entitled to earn seniority allowances for an amount of 5% of the current salary and allowances for leadership positions and senior allowances beyond the framework (if any);
- From the next year onward, senior allowance is calculated at 1% more. Senior allowance is calculated on monthly salary payment period and is used for calculating the premium rate of social insurance, health insurance, and unemployment insurance.
b. Calculating senior allowance in one month: (Joint Circular No. 68/2011/TTLT-BGDĐT-BNV-BTC-BLĐTBX)
|
Senior allowance |
= |
The salary coefficient according to the rank and the leading position allowance coefficient, the allowance for seniority beyond the framework (if any) |
x |
The common minimum wage is stipulated by the Government at the time of earning |
x |
Percentage of seniority allowances |
[4] Documents and procedure:
- Declaration of employment history including commitment and the appendix of the declaration of employment history
- A copy of the recruitment decision and a decision to recognize the expiry of the apprenticeship (Decision on appointment to the official rank).
Particularly, in case that the apprenticeship period has not been determined, the following types of documents must be added (if any):
- Notarized copy of the decision of assignment, the decision of recruitment.
- Notarized copy of the decision of raising the salary for the 2nd,3rd,4th times ... (the oldest decision of raising salary)
- Notarized copy of pedagogical diploma
- Notarized copy of social insurance book or declaration of employment history, certified by the management unit.
Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.
Legal Expert: Nguyen Thi Hai Nhi
FDVN Law Company
CONTACT US
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
336 Phan Chu Trinh, Hue City, Thua Thien Hue
Lawyers in Phu Quoc:
65 Hung Vuong, Duong Dong town, Phu Quoc island district
Lawyers in Quang Ngai:
359 Nguyen Du, Quang Ngai City, Quang Ngai Province.
Website: www.fdvn.vn www.tuvanphapluatdanang.com
Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com
Phone: 0935 643 666 - 0906 499 446
Fanpage: https://www.facebook.com/fdvnlawfirm/
Other Articles
- THE ARCHITECTURE OF THE DEAL: THE STRUCTURES THAT DEFINES A DECADE OF GLOBAL M&A BY HERMAN, HENRY & DOMINIC
- ACADEMIC LEGAL WRITING: LAW REVIEW ARTICLES, STUDENT NOTES, SEMINAR PAPERS, AND GETTING ON LAW REVIEW BY EUGENE VOLOKH
- THE CONTRACT COMPASS BASIS PRINCIPLES FOR DRAFTING AND READING EVERY AGREEMENT BY HERMAN, HENRY & DOMINIC
- CÔNG VĂN 7751/BNG-LS CỦA BỘ NGOẠI GIAO NGÀY 03 THÁNG 09 NĂM 2026 VỀ VIỆC TRIỂN KHAI THỰC HIỆN CÔNG ƯỚC APOSTILLE
- PRIVATE M&A NEGOTIATION A PRACTITIONER'S COMPANION TO THE SHARE PURCHASE, SUBSCRIPTION & SHAREHOLDER'S AGREEMENT BY HERMAN, HENRY & DOMINIC
- LITIGATION IN TWO WORLDS CIVIL AND CORMMERCIAL COURT PROCEDURE IN VIETNAM AND THE UNITED STATES: A PRACTITIONER'S COMPARATIVE GUIDE BY HERMAN, HENRY & DOMINIC
- HƯỚNG DẪN THỰC HIỆN LUẬT THƯƠNG MẠI ĐIỆN TỬ VÀ NGHỊ ĐỊNH 248/2026/NĐ-CP
- THE M&A DICTIONARY BY HERMAN, HENRY & DOMINIC
- THE CAMBRIDGE HANDBOOK OF PRIVATE LAW AND ARTIFICIAL INTELLIGENCE EDITED BY ERNEST LIM AND PHILLIP MORGAN
- ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY EDITED BY JYH-AN LEE, RETO M HILTY, AND KUNG-CHUNG LIU
- ARTIFICIAL INTELLIGENCE AND THE LAW CYBERCRIME AND CRIMINAL LIABILITY EDITED BY DENNIS J. BAKER AND PAUL H. ROBINSON
- ARTIFICIAL INTELLIGENCE IN LEGAL SYSTEMS (BRIDGING LAW AND TECHNOLOGY THROUGH AI) EDITED BY ERIONA CELA, NARASIMHA RAO VAJJHALA AND BEHROUZ ASLANI
- NGHỊ ĐỊNH 342/2026/NĐ-CP QUY ĐỊNH CHI TIẾT LUẬT THƯƠNG MẠI VÀ LUẬT QUẢN LÝ NGOẠI THƯƠNG VỀ HOẠT ĐỘNG MUA BÁN HÀNG HOÁ VÀ HOẠT ĐỘNG LIÊN QUAN TRỰC TIẾP ĐẾN MUA BÁN HÀNG HOÁ CỦA NHÀ ĐẦU TƯ NƯỚC NGOÀI, TỔ CHỨC KINH TẾ CÓ VỐN ĐẦU TƯ NƯỚC NGOÀI TẠI VIỆT NAM
- THE LAW OF INTERNATIONAL LAWYERS BY WOUTER WERNER, MARIEKE DE HOON AND ALEXIS GALÁN
- ABSOLUTE LEGAL ENGLISH BY HELEN CALLANAN AND LYNDA EDWARDS
- THE OXFORD HANDBOOK OF LEGAL STUDIES EDITED BY PETER CANE AND MARK TUSHNET



