Nghị định 113/2015/NĐ-CP quy định phụ cấp đặc thù, phụ cấp ưu đãi, phụ cấp trách nhiệm công việc và phụ cấp nặng nhọc, độc hại, nguy hiểm đối với nhà giáo trong các cơ sở giáo dục nghề nghiệp công lập

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

Article 1. Scope of application and applicable entities

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.

Chapter II

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.

Section 2: INCENTIVE AND RESPONSIBILITY ALLOWANCE PAID TO TEACHERS OF DISABLED STUDENTS

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:

a) 35% 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) 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;

c) 15% 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) 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.

Section 3: PHYSICAL HARDSHIP, HAZARD AND DANGER ALLOWANCE PAID TO TEACHERS PERFORMING PRACTICAL TEACHING DUTIES

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:

1. The level of 0.1 applicable to teachers teaching academic disciplines which involve one of physical hardship, hazard or danger elements stipulated in paragraph 1 Article 10 hereof.

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

1. This Decree shall enter into force from January 1, 2016.

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./.

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