Thông tư 28/2022/TT-BLĐTBXH sửa đổi Thông tư quy định về tuyển dụng, sử dụng, bồi dưỡng và chế độ làm việc của nhà giáo giáo dục nghề nghiệp do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULARS ON RECRUITMENT, EMPLOYMENT, TRAINING AND WORKING REGIME FOR VOCATIONAL EDUCATION TEACHERS

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Law on Education dated June 14, 2019;

Pursuant to Labor Code dated November 20, 2019;

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law on amendments to some Articles of the Law on Officials and Law on Public Employees dated November 25, 2019;

Pursuant to Government's Decree No. 62/2022/ND-CP dated September 12, 2022 on functions, duties, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs of Vietnam;

Pursuant to the Government’s Decree No. 15/2019/ND-CP dated February 01, 2019 on elaboration of some Articles and implementation of the Law on Vocational Education.

Pursuant to the Government’s Decree No. 84/2020/ND-CP dated July 17, 2020 on elaboration of some Articles of the Law on Education;

Pursuant to the Government’s Decree No. 115/2020/ND-CP dated September 25, 2020 on recruitment, employment and management of public employees;

At the request of Director of General Department of Vocational Education;

The Minister of Labor, War Invalids and Social Affairs hereby promulgates a Circular on amendments to some Articles of Circulars on recruitment, employment, training and working regime for vocational education teachers.

Article 1. Amendments to some Articles of Circular No. 06/2017/TT-BLDTBXH dated March 08, 2017 of the Minister of Labor, War Invalids and Social Affairs on recruitment, employment, training applicable to vocational education teachers

1. Article 1 shall be amended as follows:

“Article 1. Scope and regulated entities

1. This Circular elaborates recruitment applicable to vocational education teachers in public vocational training institutions; employment, standardized and advanced training applicable to vocational education teachers in vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers

2. This Circular applies to vocational education teachers in vocational training institutions, institutions having vocational training activities, vocational education – continuing education centers; relevant agencies, organizations and individuals.

3. This Circular shall not apply to teachers of pedagogy under state management of the Ministry of Education and Training. The regulations on recruitment and employment in this Circular shall not be applied to teachers in colleges and post-secondary schools under state management of the Ministry of Public Security and the Ministry of National Defense.

2. Clause 2 Article 2 shall be amended as follows:

“2. Vocational education teachers in public vocational training institutions and vocational education – continuing education centers who are sent to undergo training programs shall be paid full salaries and other benefits as prescribed by law.”

3. Article 3 shall be amended as follows:

“Article 3. Funding for training

1. With regard to public service providers, funding for training activities shall be covered by the following sources:

a) State budget according to regulations of the law on financial autonomy of public service providers;

b) Revenues from tuition fees and revenues earned from administrative operations;

c) Other sources of revenues as prescribed by law.

2. With regard to private and foreign-invested vocational training institutions, funding for training shall be covered by their financial sources.”

4. Article 4 shall be amended as follows:

“Article 4. Recruitment

The recruitment of teachers in public vocational training institutions shall comply with regulations at Chapter II of Government’s Decree No. 115/2020/ND-CP dated September 25, 2020 on recruitment, employment and management of public employees;

5. Article 5 shall be amended as follows:

“Article 5. Employment

1. Recruits who hold professional titles of public employees specialized in vocational education and training field shall undergo probation according to regulations in Article 21 of Government’s Decree No. 115/2020/ND-CP dated September 25, 2020 on recruitment, employment and management of public employees.

2. Vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers shall employ teachers qualified as prescribed and in accordance with their training fields or in accordance with their labor contracts”.

6. Article 13 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Direct vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers under their management to comply with regulations in this Circular.”

b) Clause 3 shall be amended as follows:

“3. Manage, direct, inspect and supervise recruitment of teachers in public vocational training institutions; employment and training for vocational education teachers in vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers under their management; send annual and ad hoc reports on performance of training activities for teachers to the Ministry of Labor, War Invalids and Social Affairs (via General Department of Vocational Education).

7. Article 14 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Assist the People’s Committees of provinces to direct and instruct vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers under their management to comply with this Circular.”

b) Clause 3 shall be amended as follows:

“3. Inspect recruitment of teachers in public vocational training institutions under their management; employment and training for vocational education teachers in vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers. Send annual and ad hoc reports on recruitment, employment and training for vocational education teachers to the People’s Committees of provinces.”

8. Article 15 shall be amended as follows:

a) Name of Article 15 shall be amended as follows:

“Article 15. Responsibilities of vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers”

b) Clause 1 shall be amended as follows:

“1. Make plans for recruitment of teachers in public vocational training institutions; employment and training for vocational education teachers in vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers periodically and annually, and then submit them to competent authorities for approval.

Article 2. Amendments to some Articles of Circular No. 07/2017/TT-BLDTBXH dated March 10, 2017 of the Minister of Labor, War Invalids and Social Affairs on working regime for vocational education teachers

1. Article 1 shall be amended as follows:

“Article 1. Scope and regulated entities

1. This Circular elaborates working regime for vocational education teachers in vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers.

2. This Circular applies to vocational education teachers, managerial public employees, public employees who educate college, intermediate, elementary levels and vocational training programs specified in Points a, b, c and d Clause 1 Article 40 of Law on Vocational Education (hereinafter referred to as “other vocational training programs”) in vocational training institutions, institutions having vocational training activities, vocational education – continuing education centers; relevant agencies, organizations and individuals.

3. This Circular shall not apply to teachers of pedagogy under state management of the Ministry of Education and Training; teachers in colleges and post-secondary schools specified in Circular No. 96/2017/TT-BQP dated April 27, 2017 of the Minister of National Defense on standard teaching hour norms and scientific research with regard to teachers in the People's Army of Vietnam.”

2. Article 2 shall be amended as follows:

“Article 2. Standard hours, teaching time, teaching hour norms

1. Standard hour means unit of time converted from number of working hours deemed necessary prior, during, and after the teaching time to complete tasks in online or offline teaching. One standard hour of online teaching shall be considered as one standard hour of offline teaching.

A standard teaching hour shall involve up to 35 students for theory classes, up to 18 students for practice classes, up to 10 students for classes related to heavy, hazardous or dangerous industries specified in a list promulgated by the Ministry of Labor, War Invalids and Social Affairs.

The principals and directors of vocational training institutions, institutions having vocational training activities, vocational education – continuing education centers shall, according to the specific number of students, convert standard hours in conformity with actual conditions and each industry.

2. Teaching time in the training plan shall be calculated by standard hours. To be specific:

a) 45 minutes of theoretical teaching shall be considered as 01 standard hour;

b) 60 minutes of integrated teaching (including theory and practice) shall be considered as 01 standard hour;

c) 60 minutes of practical teaching shall be considered as 01 standard hour.

3. Teaching hour norm shall be determined as number of standard hours for a teacher, which is defined according to academic year.”

3. Clause 12 Article 3 shall be amended as follows:

“12. Perform other duties as required by the principals or directors of vocational training institutions and institutions having vocational training activities.”

4. Article 4 shall be amended as follows:

a) Point b Clause 1 shall be amended as follows:

“b) Study and participate in standardized training programs, advanced training programs, scientific researches: 08 weeks with regard to teachers of college level; 04 weeks with regard to teachers of intermediate level. The principals and directors of vocational training institutions and institutions having vocational training activities shall elaborate scientific researches with regard to teachers and decide the minimum number of hours that a teacher must conduct scientific research during academic year according to actual conditions and each industry;”

b) Clause 2 shall be amended as follows:

“2. The time for the summer holiday of a teacher is 06 weeks; a managerial public employee or a public employee who is holding title of vocational education lecturer/teacher and teaching specified in Clause 5 Article 5 of this Circular is 04 weeks, including annual leave. During the summer holiday, the teacher shall be paid full salaries and allowances (if any) In addition to the summer holiday, the teachers shall be entitled to public holidays and other holidays as prescribed by the Labor Code. The summer holidays of teachers in vocational training institutions under the Ministry of Public Security and the Ministry of National Defense shall comply with regulations in Clause 4 Article 3 of Decree No. 84/2020/ND-CP dated July 17, 2020 of the Government on elaboration of some Articles of Law on Education.

According to the academic year plan and actual conditions, the principals or directors of vocational training institutions and institutions having vocational training activities shall give teachers summer holidays in appropriate time.”

5. Article 5 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Teaching hour norm of a teacher in an academic year: From 350 to 450 standard hours with regard to teachers of college level; from 400 to 510 standard hours with regard to teachers of intermediate level.

The principals and directors of vocational training institutions and institutions having vocational training activities shall decide appropriate teaching hour norms and the minimum number of hours that a teacher must spend in teaching during academic year according to actual conditions and each industry;”

b) Clauses 4 and 5 shall be amended as follows:

“4. If a teacher teaches multiple levels in an academic year, his/her teaching hour norm shall be converted and calculated according to teaching hour norm at the highest level. The principals and directors of vocational training institutions and institutions having vocational training activities shall elaborate conversion factor of standard hours with regard to the lower levels in order to calculate standard hour norms during academic year for teachers in conformity with actual conditions and each industry.

5. Teaching hour norms applicable to managerial public employees; public employees who are holding titles of vocational education lecturers/teachers:

a) Council chairperson, principal: 8% of teaching hour norm/year

b) Vice principal: 10% of teaching hour norm/year;

c) Department head and equivalent: 14% of teaching hour norm/year;

d) Department deputy head and equivalent: 18% of teaching hour norm/year;

dd) Other public employees: 20% of teaching hour norm/year.”

6. Clause 10 Article 6 shall be amended as follows:

“10. Perform other duties as required by the principals or directors of vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers.”

7. Article 7 shall be amended as follows:

a) Point d Clause 1 shall be amended as follows:

“d) In case a teacher does not use full of the given time to study or participate in a standardized training program, an advanced training program; engage class observation and exchange teaching experience, and participate in professional activities as prescribed, the principal or director of a vocational training institution, an institution having vocational training activities or a vocational education – continuing education center shall convert the remaining time into the time for teaching or other duties assigned by the principal or director. The converted time shall be included in the teacher’s teaching hour norm in such academic year. The converted time shall be calculated according to the corresponding ratio of the time not to be used for study, standardized training program, advanced training program, class observation and exchange about teaching experience, and participation in professional activities to the time to be used for teaching students prescribed in Point a hereof. In case a teacher participates in a course, standardized training program or advanced training program which lasts more than 02 weeks, he/she shall be eligible for reduction in teaching time as prescribed in Point a Clause 4 Article 10 of this Circular.

b) Clause 2 shall be amended as follows:

“2. The time for the summer holiday of a teacher is 04 weeks; a managerial public employee or a public employee who is holding title of vocational education lecturer/teacher and teaching specified in Clause 2 Article 8 of this Circular is 03 weeks, including annual leave. During the summer holiday, the teacher shall be paid full salaries and allowances (if any) In addition to the summer holiday, the teachers shall be entitled to public holidays and other holidays as prescribed by the Labor Code. The summer holidays of teachers in vocational training institutions under the Ministry of Public Security and the Ministry of National Defense shall comply with regulations in Clause 4 Article 3 of Decree No. 84/2020/ND-CP dated July 17, 2020 of the Government on elaboration of some Articles of Law on Education.

According to the academic year plan and actual conditions, the principals or directors of vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers shall give teachers summer holidays in appropriate time.”

8. Article 8 shall be amended as follows:

“Article 8. Teaching hour norms

1. Teaching hour norm of a teacher of elementary level, other vocational training programs in an academic year specified in Points a, b, c and d Clause 1 Article 40 of Law on Vocational Education: from 450 to 580 standard hours.

The principals and directors of vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers shall decide teaching hour norms and the minimum number of hours that a teacher must spend in teaching during academic year according to actual conditions and each industry;”

2. Teaching hour norms applicable to managerial public employees; public employees who are holding titles of vocational education lecturers/teachers:

a) Principal: 8% of teaching hour norm/year;

a) Vice principal: 10% of teaching hour norm/year;

c) Department head and equivalent: 14% of teaching hour norm/year;

d) Department deputy head and equivalent: 18% of teaching hour norm/year;

dd) Other public employees: 20% of teaching hour norm/year;

9. Article 9 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. In an academic year, in case a teacher, managerial public employee; a public employee holding title of vocational education lecturer/teacher who is qualified for teaching has the number of teaching hours in excess of teaching hour norm specified in Clauses 1, 2, 3, 5 Article 5 and Article 8 of this Circular, it shall be considered as overtime teaching.

b) Clause 3 shall be amended as follows:

“3. With regard to managerial public employees, public employees who are holding titles of vocational education lecturers/teachers and teaching: Number of overtime teaching hours must not exceed a half of teaching hour norms specified in Clause 5 Article 5 and Clause 2 Article 8 of this Circular.”

10. Article 10 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Teachers who hold leadership positions or part-time managerial positions:

a) A teacher cum supervising teacher or academic consultant shall be eligible for a reduction of 15% of teaching hour norm per class;

b) A teacher cum caretaker of specialized classroom/practice workshop shall be eligible for a reduction of 10% of teaching hour norm per classroom/workshop in presence of a full time staff member, or a reduction of 15% of teaching hour norm per classroom/workshop in absence of a full time staff member;

c) A teacher cum dean, stationmaster, or equivalent; deputy dean, deputy stationmaster, or equivalent; subject head or equivalent; caretaker of library shall be eligible for a reduction of 15 % to 30% of teaching hour norm;

A teacher cum multiple positions specified in Points a, b and c of this Clause shall be eligible for up to 50% reduction in total teaching hour norms. The principals and directors of vocational training institutions, institutions having vocational training activities, vocational education – continuing education centers shall decide the rate of reduction for each specific case according to actual conditions and the number of teachers and students.

b) Clause 3 shall be amended as follows:

“3. Any managerial public employee; public employee who is holding title of vocational education lecturer/teacher prescribed in Clause 5 Article 5 and Clause 2 Article 8 of this Circular shall not be eligible for a reduction of teaching hours prescribed in Points a, b and c Clause 1 and Clause 2 of this Article.

11. Article 11 shall be amended as follows:

“Article 11. Conversion of time for other professional activities to standard hours

1. Teaching:

a) In case of teaching in a foreign language for subjects and modules that are not foreign language subjects, 01 hour shall be considered as 1,5 to 2,0 standard hour

b) In case of a class of more than number of students specified in Clause 4 Article 2 of this Circular, 01 hour of theoretical teaching shall be multiplied by the conversion factor but it shall not exceed 1,5 standard hour.

c) In case of teaching, instructing, providing advanced training of professional qualifications for other teachers, 01 hour shall be considered as 1,5 standard hour;

d) The time for designing, innovating, and self making vocational education equipment (approved by subject group level or higher) shall be converted into standard hours;

dd) In case of teachers of national defense education, physical education, the time for sports and military training for officials, teachers and staff of a institution having vocational training activities shall be considered as teaching time.

The principal and director of vocational training institution, institution having vocational training activities or vocational education – continuing education center shall elaborate the conversion of such teaching time for each teacher specified in Points a,b and d and dd of this Clause.

2. ”The principal and director of vocational training institution, institution having vocational training activities or vocational education – continuing education center shall, according to actual situations, specify the conversion of time for preparing tests, invigilating and giving marks of periodical tests upon completion of modules and subjects; developing, invigilating and giving marks to final exams; instructing a graduation thesis (if any); giving mark to a graduation thesis (if any); instructing probation or probation and work; training teachers in teaching festivals; coaching students to participate in workmanship contests and other professional activities to standard hours for each teacher.”

12. Article 13 shall be amended as follows:

“Article 13. Responsibilities of ministries, ministerial-level agencies, Governmental agencies, the People's Committees of provinces

Direct, instruct and inspect compliance with regulations of this Circular with regard to vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers under their management.”

13. Clause 2 Article 14 shall be amended as follows:

"2. Inspect, assess, consolidate and send periodic and ad hoc reports on implementation of working regime applicable to vocational education teachers of vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers under management of the People’s Committees of provinces.

14. Article 15 shall be amended as follows:

a) Name of Article 15 shall be amended as follows:

“Article 15. Responsibilities of vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers.”

b) Clause 1 shall be amended as follows:

“1. Elaborate working regime applicable to teachers who teach all levels of vocational education at vocational training institutions, institutions having vocational training activities and vocational education – continuing education centers according to regulations in this Circular."

Article 3. Entry into force

1. This Circular comes into force as of March 01, 2023./.

2. Clauses 3 and 4 Article 12 of Circular No. 06/2017/TT-BLDTBXH dated March 08, 2017 of the Minister of Labor, War Invalids and Social Affairs on recruitment, employment, training applicable to vocational education teachers; Clause 1 Article 3 of Circular No. 34/2018/TT-BLDTBXH dated December 26, 2018 of the Minister of Labor, War Invalids and Social Affairs on amendments to some Articles of Circular No.42/2015/TT-BLDTBXH dated October 20, 2015 on elementary level training, Circular No.43/2015/TT-BLDTBXH dated October 20, 2015 on continuing education, Circular No. 07/2017/TT-BLDTBXH dated March 10, 2017 on working regime for vocational education teachers, Circular No. 08/2017/TT-BLDTBXH dated March 10, 2017 on standards in qualifications of vocational education teachers, Circular No. 10/2017/TT-BLDTBXH dated March, 13 2017 on forms of intermediate-level and college-level diplomas; printing, management, issuance, revocation and termination of intermediate-level and college-level diplomas and Circular No. 31/2017/TT-BLDTBXH dated December 28, 2017 on training at college, intermediate, elementary level in form of in-service training shall be annulled.

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