Vietnamese Teachers' Allowances During Advanced Training: A Legal Clarification

A legal query addresses whether Vietnamese teachers undertaking advanced political theory training are eligible for their 'teaching allowance,' also known as the 'standing class allowance.' According to current regulations, specifically Decree No. 93/2026 of the Government, educators sent for training are entitled to their full salary and any applicable allowances, with training periods counting as continuous service.

However, the crucial distinction lies in the nature of the allowance itself. Legal experts clarify that the teaching allowance is fundamentally linked to the act of directly engaging in teaching. This means that if a teacher is absent from continuous instruction for over three months due to training, they may not qualify for this specific allowance during that period.

This interpretation is supported by previous directives, such as Decision 244/2005/QD-TTg from the Prime Minister, which outlines the allowance for teachers "directly teaching in public educational institutions." Circular 01/2006/TTLT-BGDĐT-BNV-BTC further specifies that teachers are not eligible for the allowance during "business trips, study tours within the country without continuous teaching for over 3 months."

Therefore, while teachers on training courses receive their base salary and other entitlements, the continuation of the teaching allowance depends on whether the training disrupts their direct teaching duties for more than three consecutive months. If the course allows for continued teaching or the unit arranges for it, the allowance might still be granted. The timing of the decree's effect does not automatically grant retroactive allowance payments; eligibility is assessed based on specific conditions outlined in relevant regulations.