Thông tư 09/2008/TT-BLĐTBXH hướng dẫn chế độ làm việc của giáo viên dạy nghề do Bộ Lao động - Thương binh và Xã hội ban hành

CIRCULAR

WORKING REGULATIONS FOR VOCATIONAL EDUCATION TEACHERS

Pursuant to the 2005 Law on Education;

Pursuant to the 2006’s Law on Vocational training;

Pursuant to the Prime Minister’s Decision No. 188/1999/QD-TTg dated 17/9/1999 on the 40-hour workweek;

the Ministry of Labor, War Invalid and Social Affairs promulgates a Circular on working regulations for vocational education teachers:

I. GENERAL PROVISIONS

1. Scope

Working regulations for of vocational education teachers at college, intermediate and primary levels at vocational colleges, intermediate vocational schools, vocational training centers; universities, colleges, professional secondary schools and other educational institutions and enterprises with registered vocational training (hereinafter referred to as “vocational training institutions”)

2. Regulated entities

Full-time teachers (on state payroll or having employment contracts with duration of at least 12 months) who directly teach classes; managers who teach classes at college, intermediate and primary levels at public, private vocational training institutions.

3. Teaching time and conversion of teaching time, teaching hour standards, class sizes.

a) Teaching time and conversion of teaching time

- Teaching time in the training plans shall be expressed as hours;

- A 45-minute theory period equals (=) 1 standard hour;

- A 45-minute combined period (both theory and practice) equals (=) 1 standard hour;

- A 60-minute practice period equals (=) 1 standard hour.

b) Teaching hour standard means the standard number of hours a teacher must teach per school year or workweek.

c) A theory class shall have not more than 35 students. A practice class shall have not more than 18 students for normal vocations; not more than 10 students for arduous, hazardous and dangerous vocations and extremely arduous, hazardous and dangerous vocations (according to lists promulgated by the Ministry of Labor, War Invalid and Social Affairs). The principals and directors of vocational training institutions shall decide the specific number of students per class that is appropriate of each vocation.

II. WORKING REGULATIONS FOR COLLEGE- AND INTERMEDIATE-LEVEL VOCATIONAL EDUCATION TEACHERS

1. Duties

a) Teaching tasks, including:

- Preparation: prepare lesson plans, lecture outlines, documents and equipment serving the teaching of the assigned modules or subjects;

- Teach the assigned modules or subjects according to the plans and training programs.

- Provide instructions on practice combined with actual production; prepare good students for vocational skill competitions at various levels;

- Assess performance of students: compose exam questions; invigilate exams and grade students; grade entrance exam and graduation exam papers; assess researches of students;

- Compose textbooks and teaching materials. Comments on programs and contents of assigned subjects and modules;

- Participate in designing, developing specialized classrooms; design, improve, make vocational training tools and equipment.

b) Organize educational and training activities for students.

c) Take training courses; attend other teachers’ classes; exchange experience; improve teaching methods; participate in professional activities.

d) Undergo training for teachers as requested by the school or faculty.

dd) Conduct scientific research; apply scientific advances or technical innovations to vocational training and production. Instruct students to participate in scientific research.

e) Participate in training management.

g) Perform other duties prescribed in regulations and requested by the school.

2. Working hours, annual rest periods

a) The working time of college- and intermediate-level vocational education teachers is 44 weeks per school year, including:

- Teaching: 32 weeks for college-level vocational education teachers; 36 weeks for intermediate-level vocational education teachers;

- Undergoing advanced training and conducting scientific research: 12 weeks for college-level vocational education teachers; 8 weeks for intermediate-level vocational education teachers.

In case a teacher does not use up the time for advanced training and conducting scientific research, the principal may assign the remaining time for teaching.

b) Annual rest periods of teachers are 8 weeks, including: summer vacation, Tet holiday, public holidays.

Teachers who have fulfilled their duties are entitled to 8 weeks rest. Teachers and officers doing student management tasks have the same rest period as teachers.

Managers that participate in teaching, fulfill their professional tasks and teaching hour standard are entitled to 6-weeks rest.

Salaries, allowances (if any), social insurance and health insurance shall be paid for Summer vacations, Tet holiday, public holidays as per regulations.

The principal shall, according to the school year’s plan and the school’s conditions, arrange appropriate rest period for the teachers.

3. Teaching hour standards

a) The teaching hour standard per school year is 380 – 450 standard hours for college-level vocational education teachers; 430 – 510 hours for intermediate-level vocational education teachers.

The principal shall decide the teaching hour standard per year of each teacher according to the school’s conditions, requirements of each module, subject and qualifications of each teacher.

The teaching hour standard of common subjects (national defense, physical education, politics, laws, foreign language, information technology) per year is 450 standard hours for college-level vocational education teachers; 510 hours for intermediate-level vocational education teachers.

Teaching hour standards of teachers who teach secondary school subjects in intermediate vocational schools are specified in Joint Circular No. 35/2006/TTLT-BGDDT-BNV dated 23/8/2006 of the Ministry of Education and Training and the Ministry of Home Affairs.

b) Minimum teaching hour standards of managers:

- Principal: 30 hours per year;

- Deputy Principal: 40 hours per year;

- Department managers and equivalents: 60 hours per year;

- Deputy Department managers and equivalents: 70 hours per year;

- Officers of Training Department: 80 hours per year.

4. Conversion of other professional activities to standard hours

a) Teaching:

- Teaching of multiple classes with the same program and level, from the third class: 1 hour of teaching theory equals (=) 0,75 standard hour;

- In case of combining classes: 1 hour of teaching theory to a class with more than 35 students equals (=) 1,2 standard hour; to a class with more than 50 students: 1 hour equals (=) 1,3 standard hour; a class must not have more than 60 students;

- Alternatively teaching at least two different subjects or modules: multiply the teaching hours by 1,1.

- Time spent on designing, improving, making vocational training equipment (approved by subject department or above) may be converted to standard hours, which will be decided by the principal according to the school’s conditions.

- Conversion of time spent on teaching, providing instructions, advanced training for other teachers in the same school: 1 hour = 1,5 standard hours;

- Time spent by physical education, national defense teachers on providing physical education training, military training for officials, teachers and employees of the school shall be considered teaching time.

b) Preparing test and exam questions, invigilating exams, grading exam papers at the end of semesters, modules and subjects:

- Composing test questions:

+ The time spent on composing questions and answers for a writing test equals (=) 1 standard hour;

+ The time spent on composing questions and answers for a multiple-choice test equals (=) 1,5 standard hour;

+ The time spent on composing questions and answers for an oral test equals (=) 0,25 standard hour;

+ The time spent on composing questions and answers for a practice test equals (=) 0,5 standard hour.

- Invigilating: 1 hour spent on invigilating tests (45 minutes for theory, 60 minutes for practice) equals (=) 0,3 standard hour.

- Grading test papers:

+ Time spent on grading writing and multiple-choice test papers: 0,1 standard hour per paper;

+ Oral exam: 0,2 standard hour per student;

+ Practice exam: 0,2 standard hour per student.

c) Composing questions, invigilating, grading graduation exam papers

- Composing exam questions:

+ The time spent on composing questions and answers for a writing exam equals (=) 2 standard hours;

+ The time spent on composing questions and answers for a multiple-choice exam equals (=) 2,5 standard hours;

+ The time spent on composing questions and answers for an oral exam equals (=) 0,5 standard hour;

+ The time spent on composing questions and answers for a practice exam equals (=) 1,5 standard hours.

- Invigilating exams: 1 hour spent on invigilating exam (45 minutes for theory, 60 minutes for practice) equals (=) 0,5 standard hour.

- Grading exam papers:

+ Time spent on grading writing and multiple-choice exam papers: 0,2 standard hour/paper;

+ Oral exam: 0,4 standard hour per student;

+ Practice exam: 0,4 standard hour per student.

d) Providing instructions on practice, practice combined with production: 1 working day (8 hours) equals 2,5 - 3 standard hours depending on the characteristics of the work and working conditions.

dd) The time spent on preparing good students for vocational skill competitions at various levels shall be considered teaching time.

e) Writing textbooks and teaching materials for used within the school: 1 page = 1 standard hour for new documents; 1 page = 0,5 standard hour for revisions, or the authors may conclude contracts and get paid as per applicable regulations.

g) The principal shall provide for conversion of other professional activities to standard hours in order to determine the teaching hours of each teacher.

5. Extra teaching hours

In the school years, the teachers who have fulfilled their duties and have the teaching hours exceeding the teaching hour standards established by the principal according to 3.II, shall have the excess hours recorded as extra teaching hours. The extra teaching hours must not exceed ½ of the teaching hour standards for professional teachers, 1/3 of the teaching hour standards for part-time teachers and must not exceed 200 hours per school year. Pay for extra teaching hours shall comply with applicable regulations.

6. Teaching hour reduction:

a) Teachers doing managerial tasks:

- Homeroom teachers are entitled to 15% reduction in teaching hour standard;

- Teachers in charge of specialized classrooms with dedicated staff are entitled to 10% reduction in teaching hour standard; Teachers in charge of specialized classrooms without dedicated staff are entitled to 15% reduction in teaching hour standard;

- Teachers in charge of the library are entitled to 15% reduction in teaching hour standard;

- Teachers cum heads of subject departments are entitled to 15-20% reduction in teaching hour standard;

- Teachers that are deans, heads of stations, camps are entitled to 30% reduction in teaching hour standard; Teachers that are deputy deans, deputy heads of stations, camps are entitled to 20% reduction in teaching hour standard;

b) Teachers in charge of Communist Party- and union-related tasks:

- Teachers cum Party Secretary of the school’s Communist Party organization or President of the school’s Union are entitled to 20 – 30% reduction in teaching hour standards; their deputies are entitled to 15-20% reduction in teaching hour standards;

- Teachers cum Secretary or Deputy Secretary of the school’s Union, student association, youth association are entitled to the benefits specified in the Prime Minister’s Decision No. 61/2005/QD-TTg dated 24/3/2005;

- Teachers who concurrently hold multiple positions are entitled to not more than 45% reduction in teaching hour standard;

- Depending on the scale of the school and number of members of each organization, after reaching an agreement with the organizations, the principal shall decide the teaching hour standard reduction within the prescribed limits.

c) Teaching hour reduction for other teachers:

- Teachers who teach arduous, hazardous and dangerous vocations (on the list promulgated by the Ministry of Labor, War Invalid and Social Affairs) are entitled to 10% reduction in teaching hour standard;

- Teachers undergoing apprenticeship or probation are entitled to 30% reduction in teaching hour standard;

- Female teachers who have infant children under 12 months are entitled to 15% reduction in teaching hour standard.

III. WORK OF PRIMARY-LEVEL VOCATIONAL EDUCATION TEACHERS

1. Duties

a) Teaching tasks, including:

- Preparation: prepare lesson plans, lecture outlines, documents and equipment serving the teaching of the assigned modules;

- Teach the assigned modules according to the plans and training programs;

- Assess students; compose test questions; invigilate tests; grade test papers;

- Compose textbooks and teaching materials; comments on programs and contents of assigned modules;

- Participate in designing, developing specialized classrooms; design, improve, make vocational training tools and equipment.

b) Organize educational and training activities for students.

c) Take training courses; participate in professional activities (attend other teachers’ classes; exchange experience; improve teaching methods, etc.)

d) Undergo training for teachers as requested by the institution.

dd) Participate in training management.

e) Perform other tasks prescribed in regulations and requested by the institution.

2. Working hours, annual rest periods

a) The working time of primary-level vocational education teachers is 46 weeks per school year, including:

- Teaching time: 42 weeks;

- Undergoing advanced training: 4 weeks

In case a teacher does not use up the time for advanced training, the Director may assign the remaining time for teaching.

b) Annual rest period of teachers are 6 weeks, including: summer vacation, Tet holiday, public holidays.

Teachers who have fulfilled their duties are entitled to 6 weeks rest.

Managers that participate in teaching, fulfill their professional tasks and teaching hour standard are entitled to 5-weeks rest.

Salaries, allowances (if any), social insurance and health insurance shall be paid for Summer vacations, Tet holiday, public holidays as per regulations.

The principal shall, according to the school year’s plan and the institution’s conditions, the Director shall arrange appropriate rest period for the teachers.

3. Teaching hour standards

a) Teaching hour standard for teachers: 14 standard hours per week.

b) Minimum teaching hour standards of managers:

- Director: 35 hours per year;

- Deputy Director: 45 hours per year;

- Manager of Training Department: 65 hours per year;

- Deputy Manager of Training Department: 75 hours per year.

4. Conversion of other professional activities to standard hours; extra teaching hours; reduction in teaching hours for teachers.

Regulations of Clause 4, Clause 5 and Clause 6 Section II of this Circular are applied to the conversion of other professional activities to standard hours; extra teaching hours; reduction in teaching hours for teachers.

IV. ORGANIZATION OF IMPLEMENTATION

This Circular comes into force after 15 days from the day on which it is published on the Official Gazette and replaces Circular No. 02/2002/TT-BLDTBXH dated 4/1/2002.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalid and Social Affairs for consideration.