Thông tư liên tịch 22/2015/TTLT-BGDDT-BNV

JOINT CIRCULAR

CODES AND STANDARDS OF VARIOUS RANKS OF PUBLIC MIDDLE SCHOOL TEACHERS

Pursuant to the Law of public employees dated November 15, 2010;

Pursuant to the Government's Decree No. 29/2012/ND-CP dated April 12, 2012 on employment and management of public employees;

Pursuant to the Government's Decree No. 204/2004/ND-CP dated December 14, 2004 on salaries of officials, public employees and the armed forces; the Government's Decree No. 17/2013/ND-CP dated December 19, 2013 on amendments to the Government's Decree No. 204/2004/ND-CP;

Pursuant to the Government's Decree No. 32/2008/ND-CP dated March 19, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. 58/2014/ND-CP dated June 16, 2014 on functions, tasks, entitlements and organizational structure of the Ministry of Home Affairs,

The Minister of Education and Training and the Ministry of Home Affairs promulgates a Joint Circular on codes and standards of various ranks of public middle school teachers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides for codes and standards of various ranks of middle school teachers; designation and salaries of middle school teachers of public compulsory education institutions, continuing education institutions and special educational institutions in the national education system (hereinafter referred to as “public schools”).

2. This Circular applies to middle school teachers of public schools in the national education system (hereinafter referred to as “public middle school teachers”).

Article 2. Ranks of public middle school teachers and codes thereof

Public middle school teachers are ranked as follows:

1. Rank I – Code: V.07.04.10

2. Rank II – Code: V.07.04.11

3. Rank III – Code: V.07.04.12

Article 3. Professional ethics

1. Maintain teachers’ dignity, responsibility, good qualities and trustworthiness; set an example to students;

2. Love, treat students fairly and respect their personalities; protect rightful rights and interests of students; be helpful to co-workers.

3. Adhere to other code of ethics specified in the Law on Education and the Law on Public employees.

Chapter II

STANDARDS OF VARIOUS RANKS OF PUBLIC MIDDLE SCHOOL TEACHERS

Article 4. Middle school teachers in Rank I (V.07.04.10)

1. Duties:

Apart from fulfilling the duties of middle school teachers in Rank II, a middle school teacher in Rank I shall:

a) Participate in editing, drafting or developing training programs and training materials for middle school teachers and students;

b) Preside training activities and thematic meetings of the school or participate in assessment of co-workers’ initiatives or scientific projects at district-level or above;

b) Participate in instructing and assessing co-workers’ initiatives or scientific projects at district-level or above;

d) Participate in professional inspection of middle school teachers at district-level or above;

dd) Participate as examiners in professional competitions for teachers at district-level or above.

e) Participate in organization and assessment of middle school students’ competitions at district-level or above.

2. Required qualifications:

a) At least a bachelor’s degree in pedagogy or a bachelor’s degree in a major suitable for the subject being taught and a certificate of training in teaching techniques for middle school teachers;

b) A Level 3 diploma in foreign language according to Circular No. 01/2014/TT-BGDDT or a diploma in ethnic language if the teacher’s position involves the use of an ethnic language.

For foreign language teachers, a Level 3 diploma in the second foreign language according to Circular No. 01/2014/TT-BGDDT;

c) Basic knowledge about information technology according to Circular No. 03/2014/TT-BTTTT.

d) A certificate of completion of training for middle school teachers in Rank I.

3. Professional requirements:

a) Disseminate and encourage implementation of policies of the Communist Party, the law, regulations on lower secondary education imposed by education authorities and local governments;

b) Instruct co-workers to implement lower secondary education programs;

c) Creatively apply and assess co-workers’ application of knowledge about pedagogy and psychology to lower secondary education;

d) Flexibly apply economic, cultural and social knowledge to career counseling for middle school students;

dd) Cooperate with co-workers, parents and the community in improving the effectiveness of lower secondary education;

e) Apply and disseminate initiatives or scientific research findings at district-level or above;

g) Provide instructions on assessment of middle school students’ scientific research projects;

h) Be awarded the title “excellent employee of the organization” or “excellent teacher of the district” or above;

i) A public employee who wishes to be promoted from a middle school teacher in Rank II to Rank I has to hold Rank II for at least 06 years or an equivalent title for at least 06 years and Rank II for at least 1 year.

Article 5. Middle school teachers in Rank II (V.07.04.11)

1. Duties:

Apart from fulfilling the duties of middle school teachers in Rank III, a middle school teacher in Rank II shall:

a) Act as a speaker or demonstrator at refresher training classes for middle school teachers or run experimental classes that apply a new model or new method;

b) Provide instructions for interns as requested;

c) Run refresher training classes and thematic activities in their groups;

d) Submit initiatives; participate in assessment of co-workers’ initiatives and scientific projects at school-level or above;

dd) Participate in professional inspection of middle school teachers at school-level or above;

e) Participate as examiners in teachers’ professional competitions at school-level or above;

g) Participate in organization and assessment of middle school students’ competitions at school-level or above.

2. Required qualifications:

a) At least a bachelor’s degree in pedagogy or a bachelor’s degree in a major suitable for the subject being taught and a certificate of training in teaching techniques for middle school teachers;

b) A Level 2 diploma in foreign language according to Circular No. 01/2014/TT-BGDDT or a diploma in ethnic language if the teacher’s position involves the use of an ethnic language.

For foreign language teachers, a Level 2 diploma in the second foreign language according to Circular No. 01/2014/TT-BGDDT;

c) Basic knowledge about information technology according to Circular No. 03/2014/TT-BTTTT.

d) A certificate of completion of training for middle school teachers in Rank II.

3. Professional requirements:

a) Completely understand policies of the Communist Party, the law, regulations on lower secondary education imposed by education authorities and local governments;

b) Effectively implement the lower secondary education plans and programs;

c) Creatively apply and instruct co-workers to apply knowledge about pedagogy and psychology to lower secondary education;

d) Effectively apply economic, cultural and social knowledge to career counseling for middle school students;

dd) Cooperate with co-workers, parents and the community in improving the effectiveness of lower secondary education;

e) Effectively apply and assess co-workers’ initiatives or instruct co-workers to develop initiatives or scientific research projects at school-level or above;

g) Assess of middle school students’ scientific research projects;

h) Be awarded the title “excellent employee of the organization” or “excellent teacher of the school” or above;

i) A public employee who wishes to be promoted from a middle school teacher in Rank III to Rank II has to hold Rank III for at least 06 years or an equivalent title for at least 06 years and Rank III for at least 1 year and has obtained the degree specified in Clause 2a of this Article for at least 1 year.

Article 6. Middle school teachers in Rank III (V.07.04.12)

1. Duties:

a) Adhere to the lower secondary education programs and plans;

b) Participation in training gifted students and academically poor middle school students;

c) Apply initiatives and pedagogic research findings to teaching and fabrication of teaching equipment;

d) Innovate methods for teaching and assessing students’ performance to help students develop proactivity and self-learning ability;

dd) Complete refresher training courses; maintain teachers’ dignity and professional skills; participate in professional activities;

e) Participate in provision of psychological counseling and career counseling for middle school students and their parents;

g) Participate in universalization of lower secondary education;

h) Cooperate with homeroom teachers, other teachers, Đội Thiếu niên Tiền phong Hồ Chí Minh (“Ho Chi Minh Young Pioneer Organization”), students’ families and relevant social organizations in organizing educational activities for middle school students;

i) Organize field trips and competitions for middle school students;

k) Perform other tasks given by the principal.

2. Required qualifications:

a) At least a college degree in pedagogy or a college degree in a major suitable for the subject being taught and a certificate of training in teaching techniques for middle school teachers;

b) A Level 1 diploma in foreign language according to Circular No. 01/2014/TT-BGDDT or a diploma in ethnic language if the teacher’s position involves the use of an ethnic language.

For foreign language teachers, a Level 1 diploma in the second foreign language according to Circular No. 01/2014/TT-BGDDT;

c) Basic knowledge about information technology according to Circular No. 03/2014/TT-BTTTT.

3. Professional requirements:

a) Understand policies of the Communist Party, the law, regulations on lower secondary education imposed by education authorities and local governments;

b) Instruct co-workers to implement lower secondary education programs;

c) Apply knowledge about pedagogy and psychology to lower secondary education;

d) Apply economic, cultural and social knowledge to career counseling for middle school students;

dd) Cooperate with co-workers, parents and the community in improving the effectiveness of lower secondary education;

e) Apply or develop practical initiatives or scientific research projects;

g) Instruct middle school students to develop their scientific research projects;

Chapter III

RANKING AND SALARIES

Article 7. Rules for designation and salary payment

1. The ranking of public employees in this Circular depends on their positions and duties and shall comply with Article 8 of this Circular.

2. The designation of a public employee as a middle school teacher in the same rank does not results in a raise or rank promotion.

Article 8. Designation of elementary school teacher ranks

Each public employee who was designated as a middle school teacher under Decision No. 202/TCCP-VC dated June 08, 1994 or Decision No. 61/2005/QD-BNV dated June 15, 2005 shall be designated a rank under this Circular as follows:

1. Public employees holding the position of high-rank middle school teachers (15.112) shall be designated Rank I (V.07.04.10);

2. Public employees holding the position of principal middle school teachers (15a.201) shall be designated Rank II (V.07.04.11);

3. Public employees holding the position of ordinary middle school teachers (15a.202) shall be designated Rank III (V.07.04.12);

Article 9. Salaries

1. Middle school teachers holding the ranks specified in this Circular shall receive the salaries of officials and public employees of public service agencies specified in Table 3 in the Government's Decree No. 204/2004/ND-CP dated December 14, 2004. To be specific:

a) Middle school teachers in Rank II shall receive the salaries of public employees in Class A2, Group A2.2 (coefficient from 4.00 to 6.38);

b) Middle school teachers in Rank II shall receive the salaries of public employees in Class A1 (coefficient from 2.34 to 4.98);

c) Middle school teachers in Rank III shall receive the salaries of public employees in Class A0 (coefficient from 2.10 to 4.89);

2. Salaries of middle school teachers specified in Clause 1 of this Article shall comply with Decision No. 202/TCCP-VC dated June 08, 1994 or Decision No. 61/2005/QD-BNV dated June 15, 2005 and Clause 3 Section II of Joint Circular No. 81/2005/TTLT-BNV-BTC dated August 10, 2005 of the Ministry of Home Affairs and the Ministry of Finance. To be specific:

A public employee who is designated as a middle school teacher to which the same coefficient applies shall receive the same salary and seniority pay (if any);

Example: Ms. E was designated as an ordinary middle school teacher (15a.202) and applied the coefficient of 3.03 from February 01, 2013. She is now designated as a middle school teacher in Rank III (V.07.04.12) and applies the coefficient of 3.03 from the day on which the decision on designation is signed. The period that is the basis for pay raise begins on February 01, 2013.

3. A middle school teacher shall be promoted after a competent authority designates a rank in accordance with this Circular and pay salary in accordance with Clause 1 Section II of Circular No. 02/2007/TT-BNV

Chapter IV

IMPLEMENTATION CLAUSES

Article 10. Effect

1. This Circular comes into force as of November 03, 2015.

2. Professional standards applied to middle school teachers specified in Decision No. 202/TCCP-VC dated June 08, 1994 are annulled.

3. Regulations on ranks of middle school teachers and codes thereof in Decision No. 61/2005/QD-BNV dated June 15, 2005 are annulled.

4. The list of titles of middle school teachers promulgated together with Decision No. 78/2004/QD-BNV dated November 03, 2004 is annulled.

Article 11. Application clause

1. When a public employee who was designated as a middle school teacher under Decision No. 202/TCCP-VC or Decision No. 61/2005/QD-BNV is designated a middle school teacher rank under this Circular, the managing or employing body shall enable him/her to fulfill the standards for the rank designated.

2. In the cases where an unqualified middle school teacher (15c.208) specified in Decision No. 61/2005/QD-BNV has not fulfilled the standards for middle school teachers in Rank III by the effective date of this Circular, his/her current benefits shall remain unchanged for up to 05 years from the effective date of this Circular. Unqualified middle school teachers (15c.208) aged under 55, for males, or under 50, for females, shall be enabled by the managing or employing body to receive training in order to fulfill the standards applied to middle school teachers in Rank III. When a public employee fulfills the standards applied to middle school teachers in Rank III, his/her employer shall request the managing body to consider designating him/her as a middle school teacher in Rank III. In the cases where a public employee fails to attend or pass a refresher training course as requested, his/her employer shall request the supervisory body to consider designating another position or removing him/her from the payroll.

Article 12. Implementation

1. This Circular is the basis for employment and management of public employees working as middle school teachers in public schools that belong to the national education system.

2. Non-public middle schools may apply this Circular to employment and management of their teachers.

3. The head of each public middle school shall:

a) Review the positions; prepare a plan for designation of middle school teacher ranks in the school and submit the plan to a competent authority for approval;

b) Decide designation of middle school teacher ranks after the plan is approved by a competent authority.

4. Ministries, ministerial agencies, Governmental agencies, the People’s Committees of provinces shall:

a) Request inferior units to prepare plans for designation of middle school teacher ranks and salaries of middle school teachers in public schools;

b) Consider approving the plans for designation of ranks and salaries of middle school teachers in public schools under their management who are designated middle school teacher ranks under this Circular; handle enquiries about designation of ranks and salaries;

c) Decide designation of ranks and salaries of middle school teachers in public schools under their management.

d) Submit reports on designation of ranks and salaries of middle school teachers in public schools under their management to the Ministry of Education and Training and the Ministry of Home Affairs.

Article 13. Responsibility for implementation

1. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the People’s Committees of provinces are responsible for implementation of this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Education and Training and the Ministry of Home Affairs for consideration./.