Thông tư liên tịch 21/2015/TTLT-BGDDT-BNV

JOINT CIRCULAR

CODES AND STANDARDS OF VARIOUS RANKS OF PUBLIC ELEMENTARY 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 elementary school teachers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

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

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

Public elementary school teachers are ranked as follows:

1. Rank II – Code: V.07.03.07

2. Rank III – Code: V.07.03.08

3. Rank IV – Code: V.07.03.09

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 ELEMENTARY SCHOOL TEACHERS

Article 4. Elementary school teachers in Rank II (V.07.03.07)

1. Duties:

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

a) Participate in editing, drafting or developing training programs and training materials for elementary 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;

c) Participate in professional inspection of elementary school teachers at district-level or above;

d) Participate as examiners in teachers’ professional competitions at district-level or above;

dd) Participate in organization and assessment of elementary students’ competitions at district-level or above.

2. Required qualifications:

a) At least a bachelor’s degree in elementary education or a bachelor's degree in pedagogy suitable for the subject being taught;

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 elementary school teachers in Rank II.

3. Professional requirements:

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

b) Instruct co-workers to implement elementary education programs;

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

d) Cooperate with co-workers, parents and the community in improving the effectiveness of elementary education;

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

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

g) A public employee who wishes to be promoted from a elementary school teacher in Rank III to Rank II has to hold Rank III for at least 6 years or an equivalent title for at least 6 years and Rank III for at least 1 year and has obtained the bachelor’s degree in pedagogy for at least 01 year before applying for such promotion.

Article 5. Elementary school teachers in Rank III (V.07.03.08)

1. Duties:

Apart from fulfilling the duties of elementary school teachers in Rank IV, an elementary school teacher in Rank III shall:

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

b) Provide instructions for interns;

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

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

dd) Participate as examiners in professional competitions;

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

2. Required qualifications:

a) At least a college degree in elementary education or a college degree in pedagogy suitable for the subject being taught;

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 elementary school teachers in Rank III.

3. Professional requirements:

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

b) Effectively implement the elementary education plans and programs;

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

d) Cooperate with co-workers, parents and the community in improving the effectiveness of elementary education;

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

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

g) A public employee who wishes to be promoted from Rank IV to Rank III has to hold Rank IV for at least 3 years or an equivalent title for at least 3 years and Rank IV for at least 1 year and has obtained the college degree in elementary education for at least 1 year before applying for such promotion.

Article 6. Elementary school teachers in Rank IV (V.07.03.09)

1. Duties:

a) Adhere to the elementary education programs and plans;

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

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

d) Innovate teaching methods, classroom organization, teaching activities and assessment of 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; participate in universalization of elementary education and elimination of illiteracy;

e) Cooperate with Đội Thiếu niên Tiền phong Hồ Chí Minh (“Ho Chi Minh Young Pioneer Organization”), students’ families and relevant organizations in organizing educational activities and provide psychological counseling for elementary students;

g) Organize field trips and competitions for elementary students;

h) Facilitate inspections and assessment by education authorities;

i) Perform other tasks given by the principal

2. Required qualifications:

a) At least an associate degree in elementary education or an associate degree in pedagogy suitable for the subject being taught;

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 elementary education imposed by education authorities and local governments;

b) Implement elementary education programs and plans;

c) Apply knowledge about pedagogy and psychology to elementary education;

d) Cooperate with co-workers, parents and the community in improving the effectiveness of elementary education;

dd) Innovate teaching methods, classroom organizations and teaching activities in the school;

e) Submit initiatives or pedagogic research; apply initiatives and pedagogic research findings to elementary education.

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 an elementary 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 an elementary 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 elementary school teachers (15a.203) shall be designated Rank II (V.07.03.07).

2. Public employees holding the position of principal elementary school teachers (15a.204) shall be designated Rank III (V.07.03.08).

3. Public employees holding the position of ordinary elementary school teachers (15.114) shall be designated Rank IV (V.07.03.09).

Article 9. Salaries

1. Elementary 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) Elementary school teachers in Rank II shall receive the salaries of class A1 public employees (coefficient from 2.34 to 4.98);

b) Elementary school teachers in Rank III shall receive the salaries of class A0 public employees (coefficient from 2.10 to 4.89);

c) Elementary school teachers in Rank IV shall receive the salaries of class B public employees (coefficient from 1.86 to 4.06).

2. Salaries of elementary 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 4 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 an elementary school teacher to which the same coefficient applies shall receive the same salary and seniority pay (if any).

Example: Ms. C was designated as an elementary school teacher (15.114) and applied the coefficient of 2.46 from February 01, 2013. She is now designated as an elementary school teacher in Rank IV (V.07.03.09) and applies the coefficient of 2.46 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. An elementary 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 elementary school teachers specified in Decision No. 202/TCCP-VC dated June 08, 1994 are annulled.

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

4. The list of titles of elementary 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 an elementary school teacher under Decision No. 202/TCCP-VC or Decision No. 61/2005/QD-BNV is designated an elementary 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 elementary school teacher (15c.209) specified in Decision No. 61/2005/QD-BNV has not fulfilled the standards for elementary school teachers in Rank IV 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. An unqualified elementary school teacher (15c.209) 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 elementary school teachers in Rank IV. When a public employee fulfills the standards applied to elementary school teachers in Rank IV, his/her employer shall request the managing body to consider designating him/her as an elementary school teacher in Rank IV. 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 elementary school teachers in public elementary schools that belong to the national education system.

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

3. The head of each public elementary school shall:

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

b) Decide designation of elementary 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 elementary school teacher ranks and salaries of elementary school teachers in public schools;

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

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

d) Submit reports on designation of ranks and salaries of elementary 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./.