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CIRCULAR

ON EMPLOYMENT OF UNQUALIFIED TEACHERS AND EDUCATIONAL ADMINISTRATORS IN PRESCHOOLS, PRIMARY SCHOOLS, LOWER SECONDARY SCHOOLS

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

Pursuant to the Government's Decree No. 123/2016/ND-CP dated September 1, 2016 defining the functions, tasks, powers and organizational structure of the ministries and ministerial-level agencies;

Pursuant to the Government's Decree No. 69/2017/ND-CP dated May 25, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. 71/2020/ND-CP dated June 30, 2020 on the roadmap for raising qualified teacher status of preschool, primary and lower secondary school teachers;

At the request of the Director of the Department of Teachers and Educational Administrators;

The Minister of Education and Training promulgates a Circular on employment of unqualified teachers and educational administrators in preschool education institutions, primary schools, and lower secondary schools.

Article 1. Scope

This Circular sets forth the employment of unqualified teachers and educational administrators, who have not met qualified teacher/educational administrator status requirements, in preschools, primary schools, and lower secondary schools as prescribed in the Law on Education 2019 but they are not entitled to the raising of qualified teacher status as prescribed in Decree No. 71/2020/ND-CP dated June 30, 2020 of the Government.

Article 2. Regulated entities

This Circular applies to teachers and educational administrators in public, people-founded, or private educational institutions, including: preschools; primary schools, lower secondary schools, multi-level schools with primary or lower secondary level, continuing education centers, vocational education and continuing education centers, specialized schools and other educational institutions that carry out the general education program at the primary or lower secondary level (hereinafter referred to as general education institutions).

Article 3. Employment of unqualified teachers

1. In 02 (two) consecutive years preceding the year of entry in force of this Circular, a teacher who has obtained at least qualified teacher status or has their performance of duties classified as at least satisfactory (through a quality classification of public employees), and still attains fitness to work will be placed a teaching post until retirement as prescribed.

2. In 02 (two) consecutive years preceding the year of entry in force of this Circular, a teacher who has not obtained at least qualified teacher status or has their performance of duties classified as unsatisfactory (through a quality classification of public employees) may not be placed a teaching post and shall be provided for a training course to do another job in the educational institution until retirement as prescribed.

3. Teachers who are unfit for work, wish to retire and fully meet the requirements prescribed by the Law on Social Insurance may retire according to law.

4. Unqualified teachers prescribed in clauses 1, 2 and 3 hereof, as the case may be, may be subject to severance or cutting down of personnel on payroll as per the applicable law.

Article 4. Employment of unqualified educational administrators

1. In 02 (two) consecutive years preceding the year of entry in force of this Circular, an educational administrator who has obtained at least qualified principal status or has their performance of duties classified as at least satisfactory (through a quality classification of officials and public employees), and still attains fitness to work will be placed a school administrator post until the end of the term of office.  After the term of office ends, he/she will not be re-appointed as principal or vice principal but be placed another position in the educational institution until retirement as prescribed.

2. In 02 (two) consecutive years preceding the year of entry in force of this Circular, an educational administrator who has not obtained qualified principal status or has their performance of duties classified as unsatisfactory (through a quality classification of officials and public employees) will be dismissed from the principal/vice principal post and will be placed another position at the educational institution.

3. Educational administrators who are unfit for work, wish to retire and fully meet the requirements prescribed by the Law on Social Insurance may retire according to law.

4. Unqualified educational administrators prescribed in clauses 1, 2 and 3 hereof, as the case may be, may be subject to dismissal or cutting down of personnel on payroll as per the applicable law.

Article 5. Plans for employment of unqualified teachers and educational administrators

1. Every educational institution shall make a plan for employment of unqualified teachers and educational administrators and report it to the Division of Education and Training. The Division of Education and Training shall take charge and cooperate with the Division of Internal Affairs in making a plan and seek approval from the People's Committee of suburban district, urban districts, district-level town, provincial-affiliated city (hereinafter referred to as district) before December 15, 2020 for implementation.

2. A plan for employment of unqualified teachers and educational administrators shall contain at least:

a) Quantity and list of unqualified teachers and educational administrators classified by criteria in Articles 3 and 4;

b) Placement of unqualified teachers and educational administrators in other positions at the educational institution as prescribed in clause 2 Article 3 and clause 2 Article 4;

c) Settlement of claims for benefits of pension, severance, dismissal, cutting down of personnel on payroll as prescribed in Clauses 3 and 4, Article 3 and Clause 3, Clause 4 Article 4;

d) Content, time and manner of organizing the training course for teachers and educational administrators specified in Clause 2, Article 3 and Clause 2, Article 4;

dd) Responsibilities of relevant entities in implementing the plan.

Article 6. Implementation

1. Responsibilities of units affiliated to the Ministry of Education and Training

a) The Department of Teachers and Educational Administrators shall take charge and cooperate with relevant units in inspecting the implementation of this Circular;

b) Relevant units affiliated to the Ministry of Education and Training shall cooperate with the Department of Teachers and Educational Administrators in inspecting the implementation of this Circular.

2. Responsibilities of the People's Committees of provinces

a) Direct the formulation of plans on arrangement and employment of unqualified teachers and educational administrators; allocating funding sources for providing training courses and settlement of claims for benefits made by teachers and educational administrators;

b) Direct the inspection of implementation of plans for employment of unqualified teachers and educational administrators;

c) Direct the training courses for unqualified teachers and educational administrators to do another job;

d) Direct the settlement of claims for benefits of pension, severance, dismissal, cutting down of personnel on payroll made by unqualified teachers and educational administrators as prescribed in Clauses 3 and 4, Article 3 and Clause 3, Clause 4 Article 4.

3. Responsibilities of the Department of Education and Training

a) Cooperate with the People’s Committee of district in directing Division of Education and Training and educational institutions to implement this Circular to the best of their competence and ability;

b) Cooperate with training institutions and the People’s Committee of district in providing training courses for unqualified teachers and educational administrators to do another job;

c) Examine, supervise and report to the Ministry of Education and Training the plan for employment of unqualified teachers and educational administrators of the province and other contents as required.

4. Responsibilities of the People's Committee of district

a) Approve the plans for employment of unqualified teachers and educational administrators;

b) Examine and supervise the implementation of the plan;

c) Direct Division of Education and Training, the Division of Internal Affairs and relevant divisions to plan and provide training courses for unqualified teachers and educational administrators who are assigned to other positions;

d) Settle claims for benefits of pension, severance, dismissal, cutting down of personnel on payroll made by teachers and educational administrators as prescribed in Clauses 3 and 4, Article 3 and Clause 3, Clause 4 Article 4.

5. Responsibilities of educational institutions employing unqualified teachers and educational administrators

a) Each educational institution shall make a list and plan how to employ unqualified teachers and educational administrators as per this Circular;

b) Initiate the plan for employment of unqualified teachers and educational administrators;

c) Enable unqualified teachers and educational administrators to provide training courses as prescribed; settle claims for benefits made by the teachers and educational administrators.

Article 7. Entry in force

1. This Circular comes into force as of October 10, 2020.

2. Annul Decision No. 22/2006/QD-BGDDT dated May 12, 2006 of the Minister of Education and Training.

Article 8. Implementation

The Chief officers, Director of Department of Teachers and Educational Administrators, Heads of relevant units affiliated to the Ministry of Education and Training, Presidents of the People's Committees of provinces, and Directors of Departments of Education and Training, and relevant entities shall implement this Circular./.

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