Thông tư 07/2017/TT-BLDTBXH

CIRCULAR

ON WORKING REGIME FOR VOCATIONAL EDUCATION TEACHERS

Pursuant to the Labor Code Law dated June 18, 2012;

Pursuant to Law on vocational education dated November 27, 2014;

Pursuant to Law on public employees dated November 15, 2010;

Pursuant to the Government's Decree No. 14/2017/ND-CP dated February 17, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government's Decree No. 48/2015/ND-CP dated May 15, 2015 on guidelines for Law on vocational education;

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

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on working regime for vocational education teachers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular deals with working regime for teachers educating in junior colleges, post-secondary schools, vocational education centers and higher education institutions, enterprises that have registered for operation in public, private, foreign-invested vocational education (hereinafter referred to as vocational education institutions).

2. This Circular applies to teachers, managerial officials and civil servants educating college, intermediate, and/or elementary levels in vocational education institutions; and other relevant agencies, organizations, and individuals.

3. This Circular shall not apply to pedagogical institutions and teachers of pedagogy under scope of management of the Ministry of Education and Training.

Article 2. Standard hours, teaching time, teaching hour norms, class sizes

1. Standard hour means unit of time converted from number of work hours deemed necessary prior, during, and after the teaching time to complete the teaching tasks, including: preparation; teaching; periodical tests of modules and subjects.

2. Teaching time in the training plan shall be calculated by standard hours, in which:

a) 45 minutes of theoretical teaching shall be considered as 1 standard hour;

b) 60 minutes of integrated teaching (including theory and practice) shall be considered as 1 standard hour;

c) 60 minutes of practical teaching shall be considered as 1 standard hour.

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

4. Class size: No more than 35 learners or students (hereinafter referred to as students) present in a theoretical class. No more than 18 students present in a practical class or an integrated class relating to ordinary occupation and no more than 10 students present in a practical or an integrated class relating to heavy, hazardous or dangerous fields of study, specified in a list promulgated by the Ministry of Labor, War Invalids and Social Affairs. Principals and directors of vocational education institutions shall decide specific number of students in classes in conformity with each field of study.

Chapter II

DUTIES AND WORKING REGIME OF TEACHERS OF COLLEGE OR INTERMEDIATE LEVEL

Article 3. Duties

1. Teaching, including:

a) Preparation: Developing lesson plans, drawing up syllabuses, prepare materials and equipment serving the teaching of modules or subjects as assigned;

b) Teaching modules or subjects as assigned in conformity with the given plan or program;

c) Assessment of students, including: Prepare tests, invigilate, and give marks of periodical tests.

2. Invigilate, give tests, and make assessment upon completion of modules or subjects; mark entrance exams; mark graduation exams; instruct and evaluate graduation theses; evaluate research findings of students.

3. Complete forms and documents on management of classes as assigned as prescribed.

4. Instruct students to do graduation theses (if any); instruct internship, internship in combination with work; coach excellent students for exams.

5. Compile textbooks and teaching materials; offer opinions about the program, contents of modules and subjects as assigned.

6. Design, build specialized classes; design, innovate, self-make vocational education equipment.

7. Engage students in educational activities and practices.

8. Study, participate in standardized training programs, advanced training programs; probation at specialized agencies; engage class observation and exchange teaching experience.

9. Participate in training courses for teachers as required by the institution, faculties in terms of teachers’ professional development.

10. Do scientific researches; instruct students to do scientific researches; apply advanced technology or technological innovation or initiatives to teaching and production reality.

11. Participate in professional activities and training management.

12. Perform other duties as required by Principals or Directors of vocational education institutions.

Article 4. Working time and annual rest period

1. Working time of teachers of college or intermediate level shall be 44 weeks per year according to 40-hour per week working regime, in which:

a) Teaching and educating students: 32 weeks in case of teachers of college level; 36 weeks in case of teachers of intermediate level; <0}

b) Study and participate in standardized training programs, advanced training programs, scientific researches: 08 weeks in case of teachers of college level; 04 weeks in case of teachers of intermediate level;

c) Probation at enterprises or specialized agencies: 04 weeks in case of teachers of college or intermediate level;

d) If a teacher does not use full of the given time to study or participate in a standardized training program, an advanced training program, or a scientific research as prescribed, the Principal or Director shall convert the remaining time into the time to be used for teaching or other duties assigned by himself/herself. The converted time shall be included in the teacher’s teaching hour norm in such academic year. The converted time shall be calculated equivalent the ratio of the time not to be used for study, standardized training program, advanced training program, or scientific research and the time to be used for teaching students prescribed in Point a hereof. If a teacher participates in a standardized training course or advanced training course lasting more than 04 weeks, he/she shall be eligible for teaching time reduction as prescribed in Point a Clause 4 Article 10 of this Circular.

2. Annual leave of a teacher is 08 weeks, of a managerial public employee cum teacher prescribed in Clause 5 Article 5 of this Circular is 06 weeks, including summer holiday, Tet holidays, and other holidays, in which:

a) Summer holiday shall be used instead of annual leave and the teacher shall be eligible for full pay and allowances (if any) during the summer holiday;

b) Other leave policies as prescribed by applicable regulations of law;

c) The Principal or Director of each vocational education institution shall, depending on its academic year plan and particular conditions, to give teacher leave in appropriate time.

Article 5. Teaching hour norms

1. Teaching hour norm of a teacher in an academic year: From 380 to 450 standard hours in case of teachers of college level; from 430 to 510 standard hours in case of teachers of intermediate level.

The Principal or Director of each vocational education institution shall, depending on its particular conditions and characteristics of each module or subject, teachers’ qualifications, to decide appropriate teaching hour norms in an academic year.

2. Teaching hour norm applicable to a teacher in charge of general subjects in an academic year is 450 standard hours in case of teachers of college level or 510 standard hours in case of teachers of intermediate level.

3. Teaching hour norm applicable to a teacher in charge of secondary level in a vocational education institution shall be consistent with Circular No. 28/2009/TT-BGDDT dated October 21, 2009 of the Minister of Education and Training on working regime for secondary teachers.

4. If a teacher teaches multiple levels in an academic year, his/her teaching hour norm at the highest level shall apply.

5. Teaching hour norms applicable to managerial officials and civil servants, public employees of professional departments that are qualified for teaching so as to understand training contents and programs and study progress of students for the purpose of improving the training management effectiveness, in particular:

a) Principal: 30 standard hours per year;

b) Vice Principal: 40 standard hours per year;

c) Department head and equivalent: 60 standard hours per year;

d) Department deputy head and equivalent: 70 standard hours per year;

dd) Pubic employees of professional departments in charge of training, management of students; examination and quality assurance: 80 standard hours per year.

6. Teaching hour norms applicable to a teacher in pedagogy faculty in a vocational education institution shall be equivalent to those applicable to a teacher of college level.

7. The Principal or Director of a vocational education institution shall, according to workload and duties assigned to a public employee in other professional departments that is qualified for teaching, enter into a contract of teaching with such public employee when it deemed necessary.

Chapter III

DUTIES AND WORKING REGIME OF TEACHERS OF ELEMENTARY LEVEL

Article 6. Duties

1. Teaching, including:

a) Preparation: Developing lesson plans, drawing up syllabuses, prepare materials and equipment serving the teaching of modules as assigned;

b) Teaching modules as assigned in conformity with the given plan or program;

c) Assessment of students, including: Prepare tests, invigilate, and give marks of periodical tests.

2. Invigilate, give tests, and make assessment upon completion of modules.

3. Complete forms and documents on management of classes as assigned as prescribed.

4. Compile textbooks and teaching materials; offer opinions about the program, contents of modules as assigned.

5. Design, build specialized classes; design, innovate, self-make vocational education equipment.

6. Engage students in educational activities and practices.

7. Study, participate in standardized training programs, advanced training programs; probation at specialized agencies; engage class observation and exchange teaching experience, and participate in professional activities.

8. Participate in training courses for teachers as required in terms of teachers’ professional development.

9. Participate in training management and student management.

10. Perform other duties as required by Principals or Directors of vocational education institutions.

Article 7. Working time and annual rest period

1. Working time of teachers of elementary level shall be 46 weeks per year according to 40-hour per week working regime, in which:

a) Teaching and educating students: 42 weeks;

b) Study, participate in standardized training programs, advanced training programs; engage class observation and exchange teaching experience, and participate in professional activities: 02 weeks;

c) Probation at enterprises or specialized agencies: 02 weeks;

d) If 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 shall convert the remaining time into the time to be used for teaching or other duties assigned by himself/herself. The converted time shall be included in the teacher’s teaching hour norm in such academic year. The converted time shall be calculated equivalent the ratio of the time not to be used for study, standardized training program, advanced training program, engage class observation and exchange teaching experience, and participate in professional activities and the time to be used for teaching students prescribed in Point a hereof. If a teacher participates in a standardized training course or advanced training course lasting more than 02 weeks, he/she shall be eligible for teaching time reduction as prescribed in Point a Clause 4 Article 10 of this Circular.

2. Annual rest period of a teacher is 6 weeks, of a managerial public employee of professional department in charge of student management and training that are qualified for teaching as prescribed in Clause 2 Article 8 of this Circular is 5 weeks, including summer holiday, Tet holidays, and other holidays, in which:

a) Summer holiday shall be used instead of annual leave and the teacher shall be eligible for full pay and allowances (if any);

b) Other leave policies as prescribed by applicable regulations of law;

c) The Principal or Director of each vocational education institution shall, depending on its academic year plan and particular conditions, to give teacher leave in appropriate time.

Article 8. Teaching hour norms

1. Teaching hour norm of a teacher of elementary level in an academic year: From 500 to 580 standard hours.

The Principal or Director of each vocational education institution shall, depending on its particular conditions and characteristics of each module, teachers’ experience, to decide appropriate teaching hour norms in an academic year.

2. Teaching hour norms applicable to managerial officials and civil servants, public employees of professional departments that are qualified for teaching so as to understand training contents and programs and study progress of students for the purpose of improving the training management effectiveness, in particular:

a) Director: 30 standard hours per year;

b) Deputy Director: 40 standard hours per year;

c) Department head or group leader or equivalent: 60 standard hours per year;

d) Department deputy head or group deputy leader or equivalent: 70 standard hours per year;

dd) Public employee of professional department in charge of student management and training: 80 standard hours per year.

Chapter IV

OVERTIME TEACHING, TEACHING TIME REDUCTION AND CONVERSION OF TIME FOR OTHER PROFESSIONAL ACTIVITIES TO STANDARD HOURS

Article 9. Overtime teaching

1. In an academic year, if a teacher, managerial official or civil servant, or a public employee of a professional department that is qualified for teaching has number of teaching hours exceeds teaching hour norm prescribed in Clauses 1, 2, 3, 5 Article 5 and Article 8 of this Circular, it shall be considered as overtime teaching.

2. With regard to teachers: Number of overtime teaching hours may not exceed the given hours prescribed in applicable labor law.

3. With regard to managerial officials or civil servants, or public employees of professional departments: Number of overtime teaching hours may not exceed a half of teaching hour norms prescribed in Clause 5 Article 5 and Clause 2 Article 8 of this Circular.

4. The overtime teaching pay shall be calculated according to current regulations.

Article 10. Reduction of teaching hour norms

1. Teachers cum 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 shall be eligible for a reduction of 15% of teaching hour norm per classroom/workshop in absence of a full time staff member;

c) A teacher cum caretaker of library shall be eligible for a reduction of 15% to 30% of teaching hour norm;

d) A teacher cum subject head or equivalent shall be eligible for a reduction of 15% to 20% of teaching hour norm;

dd) A teacher cum dean, stationmaster, or equivalent shall be eligible for a reduction of 15% to 30% of teaching hour norm; a teacher cum deputy dean, deputy stationmaster, or equivalent shall be eligible for a reduction of 20 % of teaching hour norm.

The Principal or Director shall, according to actual conditions, number of teachers, number of students and scope of the library, decide the rate of reduction for positions prescribed in Point c, d of this Clause.

2. Teachers cum positions of the Communist Party or unions.

a) A teacher cum Secretary of party executive committee of vocational education institution or Secretary of party cell of vocational education institution, Chairperson of the School Board or Board of Directors shall be eligible for a reduction of 20 to 30% of teaching hour norm; a teacher cum deputy of the aforementioned position or Secretary of the School Board or Board of Directors shall be eligible for a reduction of 15 to 20% of teaching hour norm. The Principal or Director shall, according to the scope of the vocational education institution, number of members with consent of Party organizations and unions decide the rate of reduction for positions prescribed;

b) A teacher cum part-time Trade Union member in a vocational education institution shall be eligible for a given reduction of teaching hour norm as prescribed in Circular No. 08/2016/TT-BGDDT dated March 28, 2016 of the Minister of Education and Training on reduction of teaching hour norm applicable to teachers or lecturer cum part-time Trade Union members in public educational institutions in national education system;

c) A teacher cum official of Communist Youth Union of Ho Chi Minh City, Student Association of Vietnam, Vietnam Youth Union at school level shall be eligible for a given reduction of teaching hour norm as prescribed in Decision No. 13/2013/QD-TTg dated February 6, 2013 of the Prime Minister on policies for officials of Communist Youth Union of Ho Chi Minh City, Student Association of Vietnam, Vietnam Youth Union in educational institutions and vocational training institutions;

d) A teacher cum multiple positions shall be eligible for the highest rate of reduction of teaching hour norms.

3. Any official and civil servant, public employee of professional department 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 Point a, b, c Clause 1 and Clause 2 of this Article.

4. Reduction of teaching hour norms applicable to other teachers:

a) A teacher participating in study, standardized training program, or advanced training program for a period exceeding the prescribed time shall be eligible for a reduction of 14 hours per week of training;

b) A teacher on probation period shall be eligible for a reduction of 30% of teaching hour norm;

c) A female teacher having baby aged under 12 months shall be eligible for a reduction of 30% of teaching hour norm;

d) A teacher on maternity leave or long-time treatment leave shall be eligible for a reduction of teaching hour norm equivalent to the ratio of leave to be used to determine social insurance benefits to the given time for teacher prescribed in Point a Clause 1 Article 14 and Point a Clause 1 Article 7 for each level.

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

1. Teaching:

a) In case of teaching multiple classes simultaneously with the same curriculum and level, 01 hour of theoretical teaching shall be considered as 0.75 standard hour from the third class;

b) In case of common subjects deemed necessary to conduct combination of classes: In case of a class of more than 35 students, 01 hour shall be considered as 1.2 standard hour; in case of a class of more than 50 students but not exceeding 60 students, 01 hour shall be considered as 1.3 standard hour; in case of a class of more than 55 students relating to education of national defense and security in accordance with Joint Circular No. 18/2015/TTLT-BGDDT-BLDTBXH dated September 8, 2015 of the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs on teaching, studying, and evaluation of students’ performance of education of national defense and security subject in vocational education institutions, higher education institutions, 01 hour shall be considered as 1.3 standard hour;

c) The time for designing, innovating, and self making vocational education aids (approved by subject group level or higher) shall be converted into standard hours; the Principal or Director shall, according to particular conditions, specify converted standard hours deemed appropriate;

d) In case of teaching, instructing, providing advanced training of professional qualifications for other teachers in the vocational education institution: 01 hour shall be considered as 1.5 standard hour;

dd) In case of teachers of national defense education, physical education, their service time in sports and military training for officials, teachers, and staff of a vocational education institution shall be considered as teaching time. The Principal or Director of the vocational education institution shall specify the conversion of such teaching time for each teacher.

2. Prepare tests, invigilate, and give marks of periodical tests upon completion of modules and subjects:

a) Preparing tests: 01 subjective test with answers shall be considered as 01 standard hour; 01 objective test with answers shall be considered as 1.5 standard hour; 01 oral test with answers shall be considered as 0.25 standard hour; 01 practice test with answers shall be considered as 0.5 standard hour;

b) Invigilating: 01 hour of invigilating shall be considered as 0.3 standard hour;

c) Giving marks: Giving mark to a subjective test or an objective test shall be considered as 01 standard hour; giving mark to an oral test of a student shall be considered as 0.2 standard hour; giving mark to a practice test of a student shall be considered as 0.2 standard hour.

3. Developing, invigilating, and give marks to final exams:

a) Developing exam: 01 subjective exam with answers shall be considered as 0.2 standard hour; 01 objective exam with answers shall be considered as 2.5 standard hours; 01 oral exam with answers shall be considered as 0,5 standard hour; 01 practice exam with answers shall be considered as 1.5 standard hour;

b) Invigilating: 01 hour of invigilating shall be considered as 0.5 standard hour;

c) Giving marks to exam: Giving mark to a subjective exam or an objective exam shall be considered as 0.2 standard hour; giving mark to an oral exam of a student shall be considered as 0.4 standard hour; giving mark to a practice exam of a student shall be considered as 0.4 standard hour.

4. Instructing a graduation thesis (if any) shall be considered as 15 standard hours, giving mark to a graduation thesis (if any) shall be considered as 05 standard hours.

5. Instructing probation or probation and work: 1 day (8 working hours) shall be considered as 2.5 – 3 standard hours subject to the nature of work or particular working conditions.

6. Training teachers in teaching festivals; coaching students to participate in workmanship contests: 01 hour of practice shall be considered as 1.5 standard hour.

7. The Principal or Director of the vocational education institution shall specify the conversion of time for other professional activities to standard hours for each teacher.

Chapter V

IMPLEMENTATION

Article 12. Responsibilities of General Department of Vocational Education

Instruct and inspect the implementation of regulations of this Circular.

Article 13. Responsibilities of Ministries, ministerial-level agencies; Governmental agencies, People’s Committees of provinces and central-affiliated cities

Direct, instruct, and inspect the implementation of this Circular by vocational education institutions within their scope of management.

Article 14. Responsibilities of Services of Labor, War Invalids and Social Affairs

1. Request People’s Committees of provinces and central-affiliated cities to promulgate documents on guidelines for implementation of this Circular.

2. Inspect, assess, consolidate, and send regular and irregular reports on implementation of working regime applicable to teachers of vocational education institutions under management of People’s Committees of provinces and central-affiliated cities.

Article 15. Responsibilities of vocational education institutions

1. Provide guidelines for working regime applicable to teachers of vocational education institutions prescribed hereof.

2. Formulate plans for teaching, research work, study, training in professional knowledge/skills, probation at enterprises or specialized agencies for the purpose of improving quality and work efficiency of vocational education teachers.

Chapter VI

IMPLEMENTATION

Article 16. Entry into force

1. This Circular comes into force from July 1, 2017.

2. Section II of Circular No. 09/2008/TT-BLDTBXH dated June 27, 2008 of the Minister of Labor, War Invalids and Social Affairs on guidelines for working regime of vocational education teachers and Chapter III of Circular No. 40/2015/TT-BLDTBXH dated October 20, 2015 of the Minister of Labor, War Invalids and Social Affairs on standards for qualifications and working regime of teachers of elementary level shall be annulled.

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