Chương 4 Luật Giáo dục 1998: Nhà giáo

Chapter IV

TEACHERS

SECTION 1. TASKS AND RIGHTS OF TEACHERS

Article 61.- Teachers

1. A teacher is a person entrusted with the task of teaching and educating at the school or other educational establishments.

2. The teacher must have the following criteria:

a/ Good moral qualities, ethics and ideology;

b/ Having achieved the standard level of training in specialization and profession;

c/ Physically fit as required by the profession;

d/ A clear personal history.

3. Teachers at infant educational establishments, general education and vocational establishments are called teachers. At the university and post university establishments they are called lecturers.

Article 62.- Professors and associate professors

Professors and associate professors are titles of teachers who are teaching and training university and post-university degrees.

The Government shall provide for the criteria and procedures of appointing and dismissing the titles of professor and associate professor.

Article 63.- Tasks of teachers

Teachers have the following tasks:

1. To educate and teach according to the objective, principles and programs of education;

2. To be exemplary in fulfilling the citizen’s duties, and observing the regulations of law and the statute of the school;

3. To preserve the quality, prestige and honor of the teacher, respect the dignity of the learners, to behave justly with learners, and protect their legitimate rights and interests;

4. To constantly study and train in order to raise their quality, ethics, professional and specialty standard and set good examples to the learners.

5. The other duties as prescribed by law.

Article 64.- Rights of teachers

Teachers have the following rights:

1. To teach according to the specialty in which they are trained;

2. To get training to raise their standard and to be fostered in specialty;

3. To sign contracts on auditioning and carrying out scientific research at other schools, educational and research institutions on conditions of fully carrying out the programs and plans assigned by the school;

4. To take summer vacation, enjoy the Tet holiday (lunar New Year festival), to take a leave between two semesters as stipulated by the Ministry of Education and Training;

5. Other rights as stipulated by law.

Article 65.- Auditioning

1. The school and other educational establishments are entitled to invite persons who meet the criteria stipulated at Item 2, Article 61 of this Law to come and teach.

2. The person who is invited to audition must carry out the tasks defined at Article 63 of this Law.

3. If they are government officials or public servants, the auditioning person must assure fulfillment of their tasks at their place of work.

Article 66.- Vietnam Teachers Day

The 20th of November each year is the Vietnam Teachers Day.

SECTION 2. TRAINING AND FOSTERING TEACHERS

Article 67.- Standard level of training for teachers

1. The standard level of training for teachers is prescribed as follows:

a/ Diploma of teacher’s secondary education for teachers of infant education and primary education;

b/ Diploma of teacher’s college education for teachers of basic secondary education;

c/ Diploma of teacher’s university education for teachers of general secondary education;

d/ Diploma of teacher’s college or other college education for teachers teaching general subjects, technique and jobs, diploma or job teaching school, artisans, technicians, skilled technical workers for teachers guiding practice at job training schools;

e/ Diploma of teacher’s university or other university diplomas for teachers of vocational secondary schools;

f/ Diploma of university education and higher for teachers teaching at colleges or universities; diploma of master’s degree for teachers teaching or training master of arts, doctorate for teachers training doctors.

2. The Ministry of Education and Training shall provide for the recruitment, fostering and employment of teachers who have not reached the standard level.

Article 68.- Teachers schools

1. Teachers’ schools are founded by the State to train and foster teachers and other educational workers.

2. Teachers’ schools are given priority in the recruitment of teachers, assignment of managerial officials, in investment in building material bases and in the allotment of training cost.

3. Teachers’ schools have a boarding house, a practice school or establishment.

Article 69.- Training teachers for colleges and universities

The training of teachers for colleges and universities is done according to the mode of preferential recruitment of graduates from universities in the above-average and good categories with good quality and persons having university or post- university level, experienced in practical activities, and who wish to become teachers to continue training in pedagogical specialty and career.

SECTION 3. POLICIES TOWARD TEACHERS

Article 70.- Fostering in specialization and profession

The State adopts policies to foster teachers in specialization and profession to raise their level and stardardize them.

Teachers can be sent to training courses to raise their standard, fostered in specialization and profession and are entitled to receive salary and allowances as prescribed by the Government.

Article 71.- Salary

1. The salary scale and grades of teachers is one of the highest in the system of salary scales and grades of the administrative and non business sector of the State.

2. Teachers receive professional allowances and other allowances as prescribed by the Government.

Article 72.- Policies toward teachers, educational management workers at special schools and in areas with exceptionally difficult socio-economic conditions

1. Teachers and educational management workers working at specialized schools, special aptitude schools, general boarding schools and semi-boarding general schools for ethnic minorities, pre-university schools, schools reserved for the disabled, re-education schools and other special schools shall enjoy the regime of allowances and other preferential treatment policies as provided for by the Government.

2. Teachers and educational management officials working in areas with exceptionally difficult socio-economic conditions shall enjoy lodging conditions created by the People’s Committees of various levels and enjoy the regime of allowances and other preferential policies provided for by the Government.

3. The State adopts policies of rotating teachers working in areas with exceptionally difficult socio-economic conditions, encourages teachers and give preferences to teachers in areas with advantageous conditions to go and work in areas with exceptionally difficult socio-economic conditions, creating conditions for teachers in these areas to feel reassured in their work.