Decision No. 06/2006/QD-BNV on the issuance of the Regulation on the evaluation and classification of kindergarten and public secondary school teachers

DECISION OF THE MINISTER OF HOME AFFAIRS

On the issuance of the Regulation on the evaluation and classification of kindergarten teachers and public primary and secondary school teachers

Kindergarten teachers and public primary and secondary school teachers

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on the recruitment, utilization, and management of officials and civil servants in state-run units;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Based on the proposal of the Ministry of Education and Training at Circular No. 4054/TCCB dated May 23, 2005;

Considering the proposal of the Director of the Civil Servant-Viên chức Department,

DECISION:

Article 1. Now hereby promulgates this Decision the Regulation on the evaluation and classification of kindergarten teachers and public primary and secondary school teachers.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Minister, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision.

REGULATIONS

Evaluation and Classification of Kindergarten Teachers and Public Primary and Secondary School Teachers

(Annexed to Decision No. 06/2006/QĐ-BNV dated March 21, 2006 of the Minister of Home Affairs)

ngày 21 tháng 3 năm 2006 của Bộ trưởng Bộ Nội vụ)

PART I

GENERAL PROVISIONS

Article 1. Scope and Objects Regulated

Article 1. This Regulation stipulates the contents, standards for evaluation and classification of teachers currently working in public kindergartens, primary and secondary schools, and public continuing education centers and vocational training centers.

Clause 2. This Regulation does not apply to the evaluation and classification of teachers and lecturers currently working in vocational education institutions, higher education institutions, postgraduate institutions, and non-teaching staff at the aforementioned educational institutions.

Article 2. Purpose of Evaluation and Classification

The evaluation and classification of teachers aims to clarify their capabilities, qualifications, work results, political integrity, moral character, lifestyle, serving as a basis for educational management levels to arrange, utilize, appoint, train, and implement policies and systems for teachers.

Article 3. Requirements for Evaluation and Classification

Clause 1. The evaluation and classification of teachers is an important component of personnel management. When conducting evaluations and classifications, it must ensure objectivity, scientificity, transparency, fairness, democracy, accurately reflecting the teacher's abilities and qualities; it must clearly identify strengths and weaknesses, strong and weak points regarding political integrity, moral character, lifestyle, work capability, and effectiveness, and development potential of teachers.

Clause 2. The evaluation and classification of teachers is a regular activity of educational institutions each year aimed at promoting teachers to continuously study and improve their political integrity, moral character, lifestyle, professional knowledge, and skills, setting good examples for students.

Clause 3. Evaluations and classifications of teachers must ensure accurate conclusions.

Clause 4. Teacher evaluations and classifications are conducted annually following each academic year.

Article 4. Basis for Evaluation and Classification

1. Based on the standards and duties of teachers as prescribed in Clause 2, Article 61, Articles 63 and 67 of the Education Law dated December 2, 1998; Articles 70, 72, and 77 of the amended Education Law dated June 14, 2005.

Clause 2. Duties and prohibitions for civil servants as stipulated in Articles 6, 7, 8, 15, 16, 17, 18, 19, and 20 of the Civil Servants Ordinance 1998 and the Ordinance amending and supplementing certain articles of the Civil Servants Ordinance 2000.

Clause 3. Responsibilities and duties assigned to teachers; regulations concerning teachers as stipulated in the Charter of the Educational Institution, the Regulation on the organization and operation of the educational institution currently in force, and the conditions for performing duties during the period of teacher evaluation and classification.

Clause 4. Results of teaching and training activities of teachers during the academic year are evaluated.

Chapter II

CONTENTS OF EVALUATION AND CLASSIFICATION STANDARDS

Article 5. Content of Evaluation

The evaluation and classification of teachers after an academic year must be based on the provisions of Article 4 of this Regulation regarding the following aspects:

Clause 1. Political integrity, moral character, and lifestyle:

Point a) Understanding of ideology and politics;

Point b) Compliance with state policies and laws;

Point c) Compliance with industry regulations, institutional rules, ensuring the quantity and quality of working hours;

Point d) Maintaining moral character, personality, and healthy, clean lifestyle; awareness of combating negative phenomena; trust among colleagues, students, and the people;

Point đ) Spirit of unity; honesty in work; relationships with colleagues; attitude towards serving the people and students.

Clause 2. Work results assigned:

Point a) Quantity, quality, and effectiveness of teaching and work in specific positions, periods, and conditions;

Point b) Spirit of enhancing professional knowledge and skills; sense of discipline and responsibility in teaching and work; spirit of criticism and self-criticism.

Clause 3. Development potential (in terms of professional knowledge and skills, management capabilities, and social activities et al...).

Article 6. Criteria for Classification

1. Criteria for classification regarding political quality, morality, and lifestyle:

a) Excellent category: Teachers who meet the following requirements:

- Strictly comply with state policies and laws;

- Serve as role models in fulfilling all duties of civil servants, and comply with the school charter and regulations on organization and operation of the school;

- Successfully complete assigned tasks;

- Maintain the integrity, reputation, and honor of teachers; respect the dignity of students, treat students fairly, and protect their legitimate rights and interests;

- Live exemplary lives, maintain high moral standards; have high prestige among colleagues, students, and the public; have positive influence within the school and society.

b) Good category: Teachers who meet the following requirements:

- Fully comply with state policies and laws;

- Fulfill all duties of civil servants and comply with the school charter and regulations on organization and operation of the school;

- Successfully complete assigned tasks;

- Maintain the integrity, reputation, and honor of teachers; respect the dignity of students, treat students fairly, and protect their legitimate rights and interests;

- Have good reputation among colleagues, students, and the public.

c) Average category: Teachers who meet the following requirements:

- Comply with state policies and laws;. Fulfill all duties of civil servants and comply with the school charter and regulations on organization and operation of the school;

- Complete assigned tasks;

- Have shortcomings in labor discipline, professional conduct, and lifestyle, with minor faults but not to the extent of being reprimanded;

- Reputation among colleagues and students is not high.

d) Poor category: Teachers who violate any of the following situations:

- Fail to fully comply with state policies and laws;

- Have shortcomings in morality and lifestyle;

- Fail to complete assigned tasks;

- Are subject to disciplinary measures from reprimand upwards;

- Lose trust among colleagues, students, and the public.

2. Criteria for classification regarding professional competence:

All teachers at educational institutions specified in Clause 1, Article 1 of this Regulation shall be evaluated and classified in terms of professional competence once a year at the school level, divided into four categories: excellent, good, average, and poor. The results of the evaluation and classification of professional competence serve as important criteria for classifying teachers after evaluation.

Specific contents and criteria for professional competence of the excellent, good, average, and poor categories are stipulated and guided by the Ministry of Education and Training (Regulations on Evaluation and Classification of Professional Competence for Kindergarten Teachers, Primary School Teachers, Junior High School Teachers, Senior High School Teachers, and Teachers at Continuing Education Centers and Vocational Training Centers, and Guidelines for Evaluating Teaching Hours at the Secondary Level).

Article 7. Specific Cases for Consideration

1. When considering reputation and lifestyle, reference should be made to prohibited actions of teachers as defined in the school charter, regulations on organization and operation of the school, continuing education centers, and vocational training centers. If a teacher violates any of the actions that teachers are not allowed to perform as stipulated in Article 75 of the amended Education Law dated June 14, 2005, they will be classified one lower grade in terms of political quality, morality, and lifestyle compared to the stipulated requirements.

2. Teachers whose professional competence classification is average or below shall not be classified as having excellent political quality, morality, and lifestyle.

3. In cases where a teacher has been disciplined and a decision has been made to terminate the effect of such disciplinary action, the previous disciplinary measure shall not be considered as a basis for evaluating and classifying morality for subsequent periods.

Article 8. Classification of Teachers After Evaluation

Based on the evaluation content and classification criteria stipulated in Articles 5 and 6 of this Regulation, the heads of educational institutions shall classify teachers into four categories as follows:

1. Excellent Category: These are teachers who have good political qualities, morals, lifestyle, and professional skills.

2. Good Category: These are teachers who do not meet the conditions for the Excellent Category but satisfy the following requirements: They have political qualities, morals, lifestyle, and professional skills classified as Good or higher.

3. Average Category: These are teachers who do not meet the conditions for the Excellent Category or the Good Category and satisfy the following requirements: They have political qualities, morals, lifestyle classified as Average or higher; and their professional skills are classified as Average.

4. Poor Category: These are teachers who have one of the following classifications:

a) Political qualities, morals, and lifestyle classified as Poor;

b) Professional skills classified as Poor.

Article 9. Evaluation and Classification Procedures

The evaluation and classification of teachers shall be conducted in the following sequence:

1. Individuals write self-assessment and classification according to the evaluation content and classification criteria stipulated in Articles 5 and 6 of this Regulation.

2. The subject matter team (or specialized team) where the teacher works participates in providing comments and recording the team's observations on the individual's self-assessment and classification.

3. The heads of educational institutions directly evaluate and classify teachers according to each content specified in this Regulation after considering the team's observations. The heads of educational institutions publicly announce the classification results before the school council meeting and report the results to the direct superior management authority in writing.

4. Teachers have the right to present their opinions, retain their self-assessment opinions, but must comply with the conclusions of the competent management authority.

5. The heads of educational institutions record the evaluation and classification results in the teacher's self-assessment and classification form and keep it annually in the teacher's staff file.

Article 10. Other Teachers

Teachers working in highland, remote, island, and particularly difficult socio-economic condition areas; Physical Education, Music, Fine Arts, Civic Education teachers shall apply this Regulation when evaluating and classifying based on specific local conditions and the availability of trained teachers.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of the Ministry of Education and Training and the Ministry of Home Affairs

1. The Ministry of Education and Training guides and monitors the implementation of this Regulation by ministries, ministerial-level agencies, government agencies, provincial people's councils, and centrally governed city people's councils.

2. The Ministry of Education and Training, in collaboration with the Ministry of Home Affairs, compiles the results of teacher evaluations and classifications as prescribed in this Regulation.

Article 12. Responsibilities of Departments of Education and Training, Departments of Home Affairs, and Provincial Departments and Agencies under Central Government

1. The Director of the Department of Education and Training, in collaboration with the Director of the Department of Home Affairs of provinces and centrally governed cities, directs and monitors the implementation of this Regulation for public educational institutions as stipulated in Clause 1 of Article 1 of this Regulation and reports the implementation results to the Ministry of Education and Training for oversight.

2. The Director of the Department of Education and Training and the Directors of departments and agencies with subordinate educational institutions direct and monitor the implementation of this Regulation for educational institutions according to current administrative levels.

Article 13. Responsibilities of the Department of Education and the Department of Civil Affairs - Labor, War Invalids, and Social Affairs at districts, towns, and cities under provinces.

The Head of the Department of Education shall take the lead in coordinating with the Head of the Department of Civil Affairs - Labor, War Invalids, and Social Affairs to direct and inspect the implementation of this Regulation for educational institutions according to the current classification and report the results of implementation to the Department of Education and Training and the Department of Civil Affairs.

Article 14. Responsibilities of public educational institutions

The heads of public educational institutions are responsible for organizing the implementation of teacher evaluation and classification according to this Regulation and reporting the results to the immediate superior administrative body annually for each level of training.