Circular No. 16/2017/TT-BGDĐT guiding the catalog of job position frames and staffing norms for personnel in public general education institutions

CIRCULAR

Guidelines for the framework of job positions and staffing levels

worker in public general education institutions

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain articles of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government amending Point b Clause 13 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 amending and supplementing certain articles of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education;

Pursuant to Decree No. 41/2012/NĐ-CP dated May 8, 2012 of the Government on job positions in public service units;

After receiving the unified opinion of the Ministry of Home Affairs in Circular No. 5395/BNV-TCBC dated November 16, 2016;

At the proposal of the Director of the General Department of Teachers and Educational Management,

The Minister of Education and Training issues this Circular to guide the framework of job positions and staffing levels in public general education institutions.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the framework of job positions and staffing levels in public general education institutions.

Article 2. This Circular applies to public general education institutions, including: Primary schools; primary-level boarding schools for ethnic minorities; lower secondary schools; lower secondary-level boarding schools for ethnic minorities; county-level boarding schools for ethnic minorities; upper secondary schools; specialized upper secondary schools; provincial-level boarding schools for ethnic minorities; multi-grade schools; and classes for persons with disabilities.

general specialized high school; provincial boarding high school for ethnic minorities; high schools with multiple educational levels and classes for persons with disabilities.

guidelines for staffing norms of public education institutions at specialized public schools.

Private general education institutions may refer to the provisions of this Circular for implementation.

Article 2. Principles for determining job positions and staffing levels

Clause 1. Determining specific job positions and staffing levels in public general education institutions must be consistent with the educational tasks and activities of such institutions and the specific circumstances of the locality.

Clause 2. The staffing level of teachers per class specified in this Circular refers to the number of teachers required for teaching all subjects and other educational activities as prescribed in the general education program issued by the Ministry of Education and Training. The arrangement and allocation of teachers must ensure that each school has sufficient teachers teaching according to their field of training, and each teacher teaches the prescribed number of lessons.

Clause 3. For general education institutions with multiple grade levels, the staffing levels shall be applied as follows:

a) Staffing levels for job positions related to leadership, management, administration, and support and service positions shall be applied based on the highest grade level within the institution and calculated based on the total number of classes across all grade levels.

b) Staffing levels for job positions related to teachers' professional activities shall be calculated based on the teacher-to-class ratio corresponding to each grade level.

Clause 4. For general education institutions (excluding schools for persons with disabilities) that have classes for persons with disabilities, the teacher staffing level shall be implemented according to Point b Clause 3 of Article 6 and Article 7 of this Circular, and the staffing level for educational support staff for persons with disabilities shall be implemented according to Point a Clause 7 of Article 6 and Article 7 of this Circular.

Clause 5. Job positions specified in Clause 3 of Article 3, Article 4, and Article 5 of this Circular shall be arranged based on workload and nature of work through recruitment of civil servants or labor contracts or outsourcing of work; one person may concurrently hold multiple positions.

Clause 6. For public general education institutions where teachers are entitled to maternity leave under the Social Insurance Law, the period of maternity leave shall be counted towards the school's salary fund (if insufficient) to pay the substitute teacher.

Chapter II

FRAMEWORK OF JOB POSITIONS

Article 3. List of job position frameworks in primary schools; primary-level boarding schools for ethnic minorities; primary-level schools for persons with disabilities (hereinafter referred to collectively as primary general education schools)

1. Job positions related to leadership, management, and administration work (02 positions):

a) Principal;

b) Deputy principal.

2. Job positions related to professional activity work (01 position):

Teacher.

3. Job positions related to support and service work (08 positions):

a) Library and equipment;

b) Information technology;

c) Accounting;

d) Cashier;

đ) Secretary;

e) Health;

g) Support for education of persons with disabilities;

h) Administrative assistant (applicable to primary-level schools for persons with disabilities).

Article 4. List of job position frameworks in junior high schools; junior high-level boarding schools for ethnic minorities; schools for persons with disabilities(hereinafter referred to collectively as junior high general education schools)

1. Job positions related to leadership, management, and administration work (02 positions):

a) Principal;

b) Deputy principal.

2. Job positions related to professional activity work (01 position): Teacher.

3. Job positions related to support and service work (09 positions):

a) Library;

b) Equipment and laboratory;

c) Information technology;

d) Accounting;

đ) Cashier;

e) Clerical;

g) Health care;

h) Support for education of persons with disabilities;

i) Administrative assistant (applicable to provincial-level boarding schools for ethnic minorities and schools for persons with disabilities).

Article 5. List of job position frameworks in secondary general education schools; provincial-level boarding schools for ethnic minorities; specialized secondary general education schools (hereinafter referred to collectively as secondary general education schools)

1. Job positions related to leadership, management, and administration work (02 positions):

a) Principal;

b) Deputy principal.

2. Job positions related to professional activity work (01 position): Teacher.

3. Job positions related to support and service work (09 positions):

a) Library;

b) Equipment and laboratory;

c) Information technology;

d) Accounting;

đ) Cashier;

e) Clerical;

g) Health care;

h) Support for education of persons with disabilities;

i) Administrative assistant (applicable to provincial-level boarding schools for ethnic minorities and specialized secondary general education schools).

Chapter III

DETERMINATION OF THE NUMBER OF EMPLOYEES

Article 6. Determination of the number of employeesin primary general education schools

1. Principal: Each school has 01 principal.

2. Deputy principal

a) Primary schools with 28 classes or more in mountainous, delta, plain, and urban areas, 19 classes or more in mountainous, remote, and island areas; primary-level boarding schools for ethnic minorities and primary-level schools for persons with disabilities shall be allocated 02 deputy principals;

b) Primary schools with 27 classes or less in mountainous, delta, plain, and urban areas, 18 classes or less in mountainous, remote, and island areas shall be allocated 01 deputy principal;

c) Primary schools with 05 branch schools or more outside the main campus shall be allocated an additional 01 deputy principal.

3. Teachers

a) Primary schools teaching one session per day shall allocate a maximum of 1.20 teachers per class;

b) Primary schools teaching two sessions per day; primary-level boarding schools for ethnic minorities and primary-level schools for persons with disabilities shall allocate a maximum of 1.50 teachers per class;

c) In addition to the above quota, each primary school; primary-level boarding schools for ethnic minorities and primary-level schools for persons with disabilities shall allocate 01 teacher as the General Leader of the Ho Chi Minh Youth Pioneer Corps.

4. Staff: Library and equipment; information technology

a) Primary schools with 28 classes or more in mountainous, delta, plain, and urban areas, 19 classes or more in mountainous, remote, and island areas; primary-level boarding schools for ethnic minorities and primary-level schools for persons with disabilities shall allocate a maximum of 02 staff members;

b) Primary schools with 27 classes or less in mountainous, delta, plain, and urban areas, 18 classes or less in mountainous, remote, and island areas shall allocate a maximum of 01 staff member.

5. Staff: Clerical; accounting; health care and cashier

a) Primary schools with 28 classes or more in mountainous, delta, plain, and urban areas, 19 classes or more in mountainous, remote, and island areas and primary-level boarding schools for ethnic minorities shall allocate a maximum of 03 staff members; primary schools with 27 classes or less in mountainous, delta, plain, and urban areas, 18 classes or less in mountainous, remote, and island areas shall allocate a maximum of 02 staff members;

b) Primary-level schools for persons with disabilities shall allocate a maximum of 04 staff members.

6. Administrative assistants: Primary-level schools for persons with disabilities shall allocate a maximum of 02 administrative assistants.

7. Staff supporting education of persons with disabilities

a) For primary-level schools for persons with disabilities: For every 15 students with disabilities, a maximum of 01 staff member shall be allocated;

b) For primary general education schools with students with disabilities studying in inclusive programs: Based on the number of students with disabilities studying in inclusive programs each academic year, if there are fewer than 20 students with disabilities, a maximum of 01 staff member may be allocated; if there are 20 or more students with disabilities, a maximum of 02 staff members may be allocated.

Article 7. Staffing Standards for the Number of Personnel in Secondary General Education Schools

1. Principal: Each school has 01 principal.

          2. Deputy Principals

a) For secondary schools with 28 classes or more in midlands, plains, cities, and 19 classes or more in mountainous areas, deep regions, and islands; secondary general education boarder schools for ethnic minorities; secondary general education residential schools for ethnic minorities at district level; and secondary schools for persons with disabilities, two deputy principals shall be assigned;

b) For secondary schools with 27 classes or less in midlands, plains, cities, and 18 classes or less in mountainous areas, deep regions, and islands, one deputy principal shall be assigned.

3. Teachers

a) Each secondary school shall be assigned a maximum of 1.90 teachers per class;

b) Secondary general education residential schools for ethnic minorities at district level; secondary general education boarder schools for ethnic minorities; and secondary schools for persons with disabilities shall be assigned a maximum of 2.20 teachers per class;

c) In addition to the above standards, each secondary school; secondary general education boarder schools; secondary general education residential schools for ethnic minorities at district level; and secondary schools for persons with disabilities shall be assigned one teacher to serve as the Overall Leader of the Ho Chi Minh Communist Youth Union.

4. Staff: Library; equipment, laboratory; information technology

a) For secondary schools with 28 classes or more in midlands, plains, cities, and 19 classes or more in mountainous areas, deep regions, and islands, and secondary general education residential schools for ethnic minorities at district level, a maximum of three staff members shall be assigned;

b) For secondary schools with 27 classes or less in midlands, plains, cities, and 18 classes or less in mountainous areas, deep regions, and islands, a maximum of two staff members shall be assigned;

c) For secondary general education boarder schools, staffing shall be determined based on the number of classes according to the provisions for secondary schools in clauses a and b of this Article;

d) For secondary schools for persons with disabilities, one staff member shall be assigned.

5. Staff: Clerical; accounting; health care and cashier

a) For secondary schools and secondary general education boarder schools, three staff members shall be assigned;

b) For secondary general education residential schools for ethnic minorities at district level and secondary schools for persons with disabilities, a maximum of four staff members shall be assigned;

c) For secondary general education schools with 40 classes or more, one additional staff member shall be assigned.

6. Academic Affairs Staff: For secondary general education residential schools for ethnic minorities at district level and secondary schools for persons with disabilities, a maximum of two academic affairs staff members shall be assigned.

7. Support Staff for Persons with Disabilities

a) For secondary schools for persons with disabilities: One support staff member shall be assigned for every 15 students with disabilities;

b) For secondary general education schools where students with disabilities are integrated: Based on the number of students with disabilities enrolled in each academic year, if there are fewer than 20 students with disabilities, one support staff member may be assigned; if there are 20 or more students with disabilities, up to two support staff members may be assigned.

Article 8. Staffing Standards for the Number of Employees in Secondary General Education Schools

1. Principal: Each school has 01 principal.

2. Deputy principal

a) For secondary general education schools with 28 classes or more in midlands, plains, cities, 19 classes or more in mountainous areas, remote regions, and islands; provincial boarding schools for ethnic minorities and specialized secondary general education schools shall be allocated 3 deputy principals;

b) For secondary general education schools with 18 to 27 classes in midlands, plains, cities, 10 to 18 classes in mountainous areas, remote regions, and islands shall be allocated 2 deputy principals;

c) For secondary general education schools with 17 classes or fewer in midlands, plains, cities, 9 classes or fewer in mountainous areas, remote regions, and islands shall be allocated 1 deputy principal.

3. Teachers

a) Each secondary general education school shall be allocated a maximum of 2.25 teachers per class;

b) Provincial boarding schools for ethnic minorities shall be allocated a maximum of 2.40 teachers per class;

c) Specialized secondary general education schools shall be allocated a maximum of 3.10 teachers per class;

4. Personnel: Library; equipment, experiments; information technology

a) For secondary general education schools with 28 classes or more in midlands, plains, cities, 19 classes or more in mountainous areas, remote regions, and islands shall be allocated a maximum of 3 persons;

b) For secondary general education schools with 27 classes or fewer in midlands, plains, cities, 18 classes or fewer in mountainous areas, remote regions, and islands shall be allocated a maximum of 2 persons;

c) Provincial boarding schools for ethnic minorities shall be allocated a maximum of 4 persons; specialized secondary general education schools shall be allocated a maximum of 7 persons.

5. Personnel: Clerical; accounting; health; cashier

a) Each secondary general education school shall be allocated a maximum of 3 persons;

b) Provincial boarding schools for ethnic minorities and specialized secondary general education schools shall be allocated a maximum of 4 persons.

c) Provincial boarding schools for ethnic minorities with over 400 students and secondary general education schools with 40 classes or more shall be allocated an additional 1 person.

6. Educational Affairs Personnel: Provincial boarding schools for ethnic minorities and specialized secondary general education schools shall be allocated a maximum of 2 persons.

7. Support Personnel for Students with Disabilities

For secondary general education schools with integrated students with disabilities: Based on the number of integrated students with disabilities each academic year, schools with less than 20 such students may allocate a maximum of 1 person; schools with 20 or more such students may allocate a maximum of 2 persons.

Article 9. Part-time Positions

In addition to part-time positions held by teachers who have been granted reduced teaching hours according to current regulations of the Ministry of Education and Training, the following part-time positions shall be granted reduced teaching hours as follows:

a) Teachers part-time in educational affairs: For secondary general education schools that do not allocate dedicated personnel for educational affairs, teachers can be assigned part-time in educational affairs. Schools with 28 classes or more in midlands, plains, cities, 19 classes or more in mountainous areas, remote regions, and islands shall use 8 periods per week; those with 27 classes or fewer in midlands, plains, cities, 18 classes or fewer in mountainous areas, remote regions, and islands shall use 4 periods per week for educational affairs;

b) Teachers part-time in student counseling: For primary general education schools with 28 classes or more in midlands, plains, cities, 19 classes or more in mountainous areas, remote regions, and islands shall use 6 periods per week; those with 27 classes or fewer in midlands, plains, cities, 18 classes or fewer in mountainous areas, remote regions, and islands shall use 3 periods per week for student counseling tasks;

For middle general education schools and secondary general education schools with 28 classes or more in midlands, plains, cities, 19 classes or more in mountainous areas, remote regions, and islands shall use 8 periods per week; those with 27 classes or fewer in midlands, plains, cities, 18 classes or fewer in mountainous areas, remote regions, and islands shall use 4 periods per week for student counseling tasks;

c) Teachers part-time in charge of branch schools: For branch schools with 3 classes or more at schools specified in point c Clause 2 Article 6 of this Circular, if no additional deputy principal is allocated, 1 teacher at the branch school can be assigned part-time in charge of the branch school and shall be granted a reduction of 3 periods per week in teaching hours.

Article 10. Contract Labor

1. Schools shall allocate contract labor to perform cleaning and security duties. If schools organize meals for students staying overnight or boarding, they may allocate contract labor to prepare meals for students.

2. Based on the nature, volume of work, and actual conditions, schools shall determine the number of contract workers for each position, submit to the competent authority for approval, and implement accordingly. The signing of contracts shall be carried out in accordance with current laws.

Chapter IV

IMPLEMENTATION

Article 11. Effective Date

1. This Circular takes effect from August 28, 2017.

2. This Circular replaces Circular Joint No. 35/2006/TTLT-BGDĐT-BNV dated August 23, 2006 of the Ministry of Education and Training and the Ministry of Home Affairs guiding staffing standards for public general education institutions and Circular No. 59/2008/TT-BGDĐT dated October 31, 2008 of the Ministry of Education and Training guiding staffing standards for public special education schools. guidelines for staffing levels of public special education institutions.

Article 12. Responsibility for Implementation

1. Responsibilities of the People's Committees of Provinces and Central Cities

a) Direct and guide the review and rearrangement of the school network, ensuring the number of students per class complies with the regulations for each educational level; arrange management staff, teachers, and employees according to the prescribed staffing norms;

b) Based on the guidelines of this Circular and relevant laws, annually, the People's Committee of provinces and centrally governed cities shall direct the determination of the number of positions filled in public general education institutions;

c) Submit to the People's Council at the same level for approval the total number of positions filled in public general education institutions in accordance with the law and organize implementation after approval;

d) The funds to implement the staffing norms system stipulated in this Circular shall be sourced from the local budget in accordance with the regulations on分级管理预算。

2. During the implementation process, if any issues arise or difficulties occur, the provinces and centrally governed cities shall promptly report to the Ministry of Education and Training for consideration and resolution./.