Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC guiding the implementation of the overtime teaching salary system for teachers in public educational institutions

JOINT CIRCULAR

Guidelines for implementing the wage payment system

 for overtime teaching for teachers in public educational institutions

_______________________

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the Salary System for Civil Servants, Public Officials, and Military Personnel;

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

Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministers of Education and Training, Interior, and Finance issue this Joint Circular to provide guidelines for implementing the wage payment system for overtime teaching for teachers in public educational institutions,

Article 1. Scope of Regulation and Applicability

Clause 1. The scope of regulation This Joint Circular provides guidelines for the wage payment system for overtime teaching for teachers in public educational institutions, including: preschool education institutions, general education institutions, vocational education institutions, higher education institutions, and training and development institutions of ministries, agencies at the ministerial level, provincial political schools directly under the central government funded by the state budget (including funds from the state budget and other sources of revenue in accordance with the law).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Teachers (including those engaged in management work, concurrently holding party or mass organization positions, or assigned to be the overall leader of the Youth Union) included in the payroll approved by the competent authority, who are currently directly teaching in public educational institutions;

b) Teachers included in the payroll approved by the competent authority, who are currently guiding practical activities in workshops, stations, farms, laboratories in public educational institutions; directly guiding practical activities on training ships.

1. They must be granted a Certificate of Science and Technology Enterprise by the competent state management agency.

Clause 1. The subjects specified in Clause 2, Article 1 of this Joint Circular shall be entitled to overtime pay when they have been classified according to Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and members of the armed forces, and have completed their teaching duties and other tasks in accordance with the working regulations for teachers stipulated in the following documents:

a) Decision No. 61/2005/QD-TTg dated March 24, 2005;

b) Circular No. 48/2011/TT-BGDĐT dated October 25, 2011 of the Ministry of Education and Training on the working regulations for kindergarten teachers (referred to as Circular No. 48/2011/TT-BGDĐT);

c) Circular No. 28/2009/TT-BGDĐT dated October 21, 2009 of the Ministry of Education and Training on the working regulations for primary and secondary school teachers (referred to as Circular No. 28/2009/TT-BGDĐT);

d) Decision No. 18/2007/QD-BGDĐT dated May 24, 2007 of the Minister of Education and Training on the working regulations for teachers teaching at intermediate vocational schools (referred to as Decision No. 18/2007/QD-BGDĐT);

đ) Circular No. 09/2008/TT-BLDTBXH dated June 27, 2008 of the Ministry of Labor, Invalids and Social Affairs on the working regulations for vocational teachers (referred to as Circular No. 09/2008/TT-BLDTBXH);

e) Decision No. 64/2008/QD-BGDĐT dated November 28, 2008 of the Minister of Education and Training on the working regulations for lecturers (referred to as Decision No. 64/2008/QD-BGDĐT);

f) Circular No. 36/2010/TT-BGDĐT dated December 15, 2010 of the Ministry of Education and Training on amending and supplementing certain articles of the working regulations for lecturers issued together with Decision No. 64/2008/QD-BGDĐT dated November 28, 2008 of the Minister of Education and Training (referred to as Circular No. 36/2010/TT-BGDĐT);

g) Joint Circular No. 06/2011/TTLT-BNV-BGDĐT dated June 6, 2011 of the Ministry of Interior and the Ministry of Education and Training on standards, tasks, working regulations, and policies for lecturers at training and development institutions of ministries, agencies at the ministerial level, and provincial political schools directly under the central government (referred to as Joint Circular No. 06/2011/TTLT-BNV-BGDĐT);

h) Circular No. 18/2012/TT-BGDĐT dated May 31, 2012 of the Ministry of Education and Training on the working regulations for lecturers in arts, music education, and fine arts education (referred to as Circular No. 18/2012/TT-BGDĐT).

Clause 2. When the documents mentioned in Clause 1 of this Article are amended, supplemented, or replaced, the conditions for applying the provisions of Clause 1 of this Article and the calculation method for overtime pay stipulated in Article 4 of this Joint Circular shall be implemented in accordance with the amended, supplemented, or replaced regulations.

Article 3. Principles for Calculating Overtime Pay for Teaching

1. The monthly salary serving as the basis for calculating overtime pay for teaching for teachers includes: the current rank-based salary level, salary allowances, and retention differential coefficients (if applicable).

2. The annual teaching hour quota for kindergarten teachers; the annual class hour quota for general education teachers; the annual teaching hour quota for intermediate vocational school teachers; the annual lecture hour standard for vocational teachers and lecturers; the annual standard teaching hour quota for university lecturer bases, training and development institutions under Ministries, agencies at the ministerial level, and provincial political schools directly under the central government shall collectively be referred to as the annual teaching hour quota.

3. The academic year defined in this Circular runs from July of the preceding year to June of the following year.

4. For teachers working in public educational institutions with multiple levels of education or vocational qualifications, the annual teaching hour quota applicable shall be that corresponding to the highest level of education or vocational qualification they directly teach according to the assignment by the head of the educational institution.

5. The preparation of budgets, payment, and settlement of funds for overtime teaching pay shall be carried out in accordance with the provisions of the State Budget Law. Public educational institutions specified in Clause 1, Article 1 of this Joint Circular shall base their specific conditions to implement payments or advance payments of overtime teaching pay on a monthly or semester basis as appropriate.

6. Overtime pay for teaching shall only be paid in units or departments lacking the number of teachers approved by the competent authority. Units or departments not lacking teachers can only receive overtime pay for teaching when teachers take sick leave, maternity leave as stipulated by the Social Insurance Law, or participate in study, training, inspection, audit missions, or other tasks (hereinafter referred to as being assigned to perform other duties) as dispatched and mobilized by the competent authority, and other teachers must be arranged to substitute for them.

7. Time not directly participating in teaching but counted towards completing the required teaching hours and converted teaching hours includes: time taken for sick leave, maternity leave as stipulated by the Social Insurance Law; time spent performing other duties as dispatched and mobilized by the competent authority.

8. The number of additional teaching hours calculated for overtime pay for teaching as prescribed in this Joint Circular shall not exceed the number of additional working hours as stipulated by law.

Article 4. Method for Calculating Overtime Pay for Teaching

1. Formula for Calculating Overtime Pay for Teaching:

a) Annual Overtime Pay for Teaching = Number of Additional Teaching Hours per Academic Year x Overtime Pay Rate per Hour of Teaching

b) Overtime Pay Rate per Hour of Teaching = Regular Pay Rate per Hour of Teaching x 150%

c) Regular Pay Rate per Hour of Teaching: - For kindergarten teachers, primary and secondary school teachers, intermediate vocational school teachers, and vocational teachers and lecturers: Regular Pay Rate per Hour of Teaching = Total Salary of 12 months in the academic year x Number of Weeks Dedicated to Teaching (teaching children) / Annual Teaching Hour Quota (based on 52 weeks). For teachers engaged in management work or assigned to lead the Young Pioneers, Youth Union, or Women's Union at kindergarten, primary and secondary schools, and intermediate vocational schools, the calculation formula above applies, where the annual teaching hour quota is based on the annual teaching hour quota of teachers in the same grade level, subject, and educational institution. - For university lecturers, training and development institutions under Ministries, agencies at the ministerial level, and provincial political schools directly under the central government: Regular Pay Rate per Hour of Teaching = Total Salary of 12 months in the academic year x 22.5 weeks / Annual Teaching Hour Quota (based on 52 weeks). For teachers engaged in management work or Youth Union or Women's Union members who participate in teaching at university, training, and development institutions under Ministries, agencies at the ministerial level, and provincial political schools directly under the central government, the calculation formula above applies, where the annual teaching hour quota is based on the annual teaching hour quota of lecturers in the same position and subject at the educational institution.

d) Number of Additional Teaching Hours per Academic Year = [Actual Number of Teaching Hours per Academic Year + Converted Teaching Hours per Academic Year (if any) + Additional Teaching Hours per Academic Year (if any) + Reduced Teaching Hours per Academic Year due to Regulations (if any)] - (Annual Teaching Hour Quota). In which: - Converted Teaching Hours per Academic Year are implemented according to Clause 3, Article 5 of Circular No. 48/2011/TT-BGDĐT; Article 11 of Circular No. 28/2009/TT-BGDĐT; Clause 4, Section II and Clause 4, Section III of Circular No. 09/2008/TT-BLDTBXH; Article 12 of Decision No. 18/2007/QD-BGDĐT; Clause 2, Article 11 and Point d, Clause 3, Article 13 of Decision No. 64/2008/QD-BGDĐT; Clause 3, Clause 4, Article 10 and Clauses 2, 3, Article 11 of Joint Circular No. 06/2011/TTLT-BNV-BGDĐT; - Additional Teaching Hours per Academic Year apply to teachers teaching classes with integrated disabled children as stipulated in Clause 3, Article 4 of Circular No. 48/2011/TT-BGDĐT; - Reduced Teaching Hours per Academic Year due to Regulations are implemented according to Clause 1, Clause 2, Article 5 of Circular No. 48/2011/TT-BGDĐT; Articles 8, 9, 10 of Circular No. 28/2009/TT-BGDĐT; Articles 9, 10, 11 of Decision No. 18/2007/QD-BGDĐT; Clause 6, Section II and Clause 4, Section III of Circular No. 09/2008/TT-BLDTBXH; Clause 3, Clause 4, Article 12 of Joint Circular No. 06/2011/TTLT-BNV-BGDĐT;

d) The annual teaching hour quota is calculated according to the provisions set forth in Clause 1, Article 2 of this Joint Circular. Specifically: - The annual teaching hour quota for kindergarten teachers = (Number of hours teaching children who attend school for two sessions per day) x (Number of working days per week) x (Number of weeks teaching children during the academic year); - The annual teaching hour quota for principals and deputy principals of kindergartens = (Number of hours directly participating in educational activities per week for principals and deputy principals) x (Number of weeks teaching children during the academic year); - The annual teaching hour quota for general education teachers and vocational training instructors at the primary level = [Teaching hour quota (teaching standard hours)/week] x (Number of weeks dedicated to teaching and educational activities during the academic year); - The annual teaching hour quota for principals, deputy principals, teachers responsible for the Ho Chi Minh Communist Youth Union (referred to as Total Responsibility Teachers), and teachers who are members of the Ho Chi Minh Communist Youth League and Vietnam Youth Federation (referred to as Youth League and Federation staff) at general education schools = (Teaching hour quota/week for principals, deputy principals, Total Responsibility Teachers, and Youth League and Federation staff) x (Number of weeks dedicated to teaching and educational activities during the academic year); - The annual teaching hour quota for managers of vocational training institutions is the minimum teaching hour standard prescribed in Point b, Clause 3, Section II and Point b, Clause 3, Section III of Circular No. 09/2008/TT-BLDTBXH; the annual teaching hour quota for managers of secondary technical schools is the number of teaching hours stipulated in Clause 2, Article 8 of Decision No. 18/2007/QD-BGDĐT; - The annual teaching hour quota for other categories shall be decided by the head of the unit for each academic year according to the provisions set forth in Points a, d, e, f, g, h, Clause 1, Article 2 of this Joint Circular.

2. Overtime pay for the category specified in Point b, Clause 2, Article 1 of this Joint Circular shall be implemented according to the provisions set forth in Joint Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005, issued by the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of the overtime pay system for civil servants, public officials, and employees working night shifts and overtime.

3. The heads of regular education institutions and Technical Training Centers shall apply the provisions of this Joint Circular to implement the additional teaching hour pay system for educators under their management after obtaining the agreement of the direct supervisory authority.

Article 5. Source of Funds

1. For public educational institutions fully funded by the state budget: The funds for implementing the additional teaching hour pay system shall be guaranteed by the state budget and allocated in the annual budget estimate of the educational institution according to the current state budget management hierarchy.

2. For public educational institutions partially self-funded: The funds for implementing the additional teaching hour pay system shall be guaranteed from the unit's revenue and from the state budget allocation according to the current state budget management hierarchy.

3. For public educational institutions fully self-funded: The funds for implementing the additional teaching hour pay system shall be guaranteed from the unit's self-funded revenue sources.

Article 6. Implementation Provisions

1. This Joint Circular takes effect from April 22, 2013, and replaces Joint Circular No. 50/2008/TTLT-BGDĐT-BNV-BTC dated September 9, 2008, issued by the Ministry of Education and Training, the Ministry of Home Affairs, and the Ministry of Finance guiding the implementation of the additional teaching hour pay system for educators in public educational institutions.

2. During the implementation process, if there are difficulties or obstacles, ministries, sectors, and localities shall report them to the Ministry of Education and Training for coordination with the Ministry of Home Affairs and the Ministry of Finance to study and resolve them.