Chương IV Luật Giáo dục 2005: Nhà giáo

Chapter IV

TEACHERS

Section 1. DUTIES AND RIGHTS OF TEACHERS

Article 70. Teachers

1. Teachers are persons who carry out teaching, educating at schools or other educational institutions.

2. Teachers must possess the following criteria:

a) Having good moral, mental and ideological qualifications;

b) Having obtained the standardised level in the profession;

c) Having good health as required by the profession;

d) Having a clear curriculum vitae.

3. Teachers working at institutions of pre-school education, general education, professional education are called teachers, at institutions of higher education are called lecturers.

Article 71. Professors and associate professors

Professors and associate professors are titles of teachers teaching at institutions of higher education.

The Prime Minister shall determine criteria and procedures for appointing and dismissing the titles of professor and associate professor.

Article 72. Teachers' duties

Teachers have the following duties:

1. Educating and teaching according to educational objectives, principles and curriculum;

2. Being exemplary in the fulfilment of civic duties, regulations of law and school charters;

3. Maintaining moral quality, prestige and honour of teacher, respecting learners' dignity, to treat learners equally, and protect legitimate rights and interests of learners;

4. Studying continuously to improve moral quality, ethics, professional qualification and being good example for learners.

5. Performing other duties as regulated by laws.

Article 73. Rights of teachers

Teachers have the following rights:

1. To teach according to their educated specialisation;

2. To receive further education and training to improve qualifications;

3. To work under contract as visiting teacher and/or researcher in other schools, educational and research institutions provided that they fulfil their tasks assigned by their school;

4. To be protected with regard to their honour and dignity;

5. To have summer vacation, Lunar New Year holidays, and semester holidays as stipulated by the Minister of Education and Training and other holidays as stipulated in the Labour Law.

Article 74. Visiting teaching

1. Educational institutions are entitled to invite persons meeting criteria as stipulated in paragraph 2, Article 65 of this Law to teach as visiting teachers;

2. Visiting teacher must perform duties as defined in Article 72 of this Law;

3. Visiting teacher, if being civil servants, must first assure the fulfilment of tasks at his/her organisations.

Article 75. Prohibited behaviours of teachers

Teachers are prohibited from having the following behaviours:

1. Disrespect the honour, dignity of learners, hurt or abuse them physically;

2. Fraudulent in admission, examinations, intentionally mis-evaluating learners' study and training results;

3. Distort educational contents;

4. Force learners to take extra classes for money

Article 76. Vietnamese Teachers' Day

Annually, the 20th of November is the Vietnamese Teachers' Day.

Section 2. EDUCATION AND TRAINING FOR TEACHERS

Article 77. Standardised educational qualifications of teachers

1. The standardised educational qualifications of teachers are defined as follows:

a) Pre-school and primary education teachers must possess upper secondary pedagogical diploma;

b) Lower secondary education teachers must possess pedagogical college diploma

or college diploma and certificate of pedagogy training;

c) Upper secondary education teachers must possess pedagogical university degree and certificate of pedagogy training;

d) Teachers guiding practice at vocational training institutions must possess diploma from professional upper secondary school; vocational training college or be qualified artisans, high skilled technical workers;

dd) Professional upper secondary teachers must possess pedagogical university degree or university degree and certificate of pedagogy training;

e) Teachers at colleges and universities must possess university degree or higher and certificate of pedagogy training; master degree or higher for teaching specialised subjects or supervising master thesis, doctoral degree for teaching specialised subjects or supervising doctoral thesis.

2. The Minister of Education and Training and heads of the State management agencies for vocational training, according to their competence, shall stipulate further education and training for teachers who have not met the required standards.

Article 78. Pedagogical institutions

1. Pedagogical institutions are established by the State to educate and train teachers and educational management staff.

2. Pedagogical institutions shall be given priority in teacher recruitment, allocation of administrators, investment in infrastructure and dormitories, as well as availability of funding.

3. Pedagogical institutions have dormitories, schools or establishments for trainee- teachers' practice.

Article 79. Teachers of colleges and universities

Teachers of colleges and universities are recruited based on preferential recruitment of good and excellent graduates with good personal quality and those with undergraduate, master, or doctoral qualifications, practical experience and desire to become teacher. Prior to their teaching assignment, college and university teachers must receive pedagogy training. These training programs shall be regulated by the Minister of Education and Training.

Section 3. POLICIES FOR TEACHERS

Article 80. Professional and pedagogical enhancement

The State shall elaborate policies for upgrading teachers professionally and pedagogically so as to enhance their qualifications and bring them up to the required standards.

Teachers nominated to attend processional and pedagogical enhancement programmes will receive salary and subsidies as regulated by the Government.

Article 81. Salary

Teachers will receive salary, professional allowances and other allowances regulated by the Government.

Article 82. Policies for teachers, educational administrators working at special schools, in areas with extreme socio-economic difficulties

1. Teachers and educational administrators working at specialised schools, schools for gifted students, boarding general education schools or semi-boarding general education schools for ethnic minorities, pre-university schools, schools for disabled and handicapped persons, re-education schools and other special schools shall receive allowances and other preferential rewards as stipulated by the Government.

2. Teachers and educational administrators working in areas with extreme socio- economic difficulties shall be facilitated by the People's Committees at various levels concerning housing and shall receive allowances and other preferential rewards as stipulated by the Government.

3. The State shall elaborate policies to rotate teachers and educational administrators working in areas with extreme socio-economic difficulties, encourage and provide preferential rewards to teachers and educational administrators working in more favourable areas to move into areas with extreme socio-economic difficulties; facilitate teachers in these areas to settle to their work, provide training of ethnic minority languages for teachers and educational administrators working in ethnic minority areas to improve teaching and learning quality.