Decision No. 20/2012/QĐ-TTg Amending and Supplementing Certain Provisions of the "Regulations on Standards and Procedures for Appointment and Removal of Professor and Associate Professor Positions" issued together with Decision No. 174/2008/QĐ-TTg dated December 31, 2008 of the Government Prime Minister.

Pursuant to …;

To amend and supplement some articles of the "Criteria and Procedures for Appointment and Removal from the Positions of Professor and Associate Professor"

issued together with Decision No. 174/2008/QĐ-TTg dated December 31, 2008 of the Prime Minister

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Education Law dated June 14, 2005 and the Law amending and supplementing certain articles of the Education Law dated November 25, 2009;

Pursuant to Resolution No. 66/NQ-CP dated December 23, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Education and Training;

Considering the proposal of the Minister of Education and Training;

The Prime Minister promulgates this Decision to amend and supplement some articles of the "Criteria and Procedures for Appointment and Removal from the Positions of Professor and Associate Professor" issued together with Decision No. 174/2008/QĐ-TTg dated December 31, 2008 of the Prime Minister,

Article 1. Amending and supplementing some articles of the "Criteria and Procedures for Appointment and Removal from the Positions of Professor and Associate Professor" issued together with Decision No. 174/2008/QĐ-TTg dated December 31, 2008 of the Prime Minister as follows:

1. Amending and supplementing Article 6 as follows:

"Article 6. Rights of professors and associate professors

1. Enjoy the rights of teachers as prescribed by the Law on Education; be given priority in receiving scientific and technological research topics, projects, building programs, plans serving management work, and other necessary conditions to fulfill assigned tasks.

2. For teachers belonging to the establishment of public higher education institutions:

a) Teachers appointed to the position of professor shall be appointed to the rank of professor - senior lecturer (rank code 15.109) and shall be classified into a salary grade with a coefficient one level higher than the nearest coefficient of the current salary grade; in case they have already been enjoying the salary of the professor - senior lecturer rank, they shall be classified into the next higher salary grade.

b) Teachers appointed to the position of associate professor shall be appointed to the rank of associate professor - principal lecturer (rank code 15.110) and shall be classified into a salary grade with a coefficient one level higher than the nearest coefficient of the current salary grade; in case they have already been enjoying the salary of the associate professor - principal lecturer rank, they shall be classified into the next higher salary grade.

c) Teachers who have already received the highest salary grade or have enjoyed the additional years-of-service allowance beyond the ceiling of the appointed rank shall be entitled to an additional 5% of the additional years-of-service allowance beyond the ceiling.

d) The time for the next salary increase for teachers who have already received salary or the additional years-of-service allowance beyond the ceiling of the appointed rank shall be calculated from the date of the last decision on salary increase or additional years-of-service allowance increase before the appointment and new salary classification. The time for the next salary increase for teachers appointed and classified into a new rank shall be calculated from the date of the decision on appointment and new salary classification.

đ) The appointment and salary classification according to the provisions of points a, b, c, and d of this clause shall be carried out according to the current decentralization regulations of the State. For teachers who were appointed to the positions of professor and associate professor in 2009, 2010, and 2011, they shall be appointed and classified into the ranks of professor - senior lecturer and associate professor - principal lecturer from the date this decision takes effect.

3. Non-public higher education institutions shall apply the provisions of Clause 2 of this Article to implement appropriate incentive systems for teachers appointed to the positions of professor and associate professor.

2. Amending point c, Clause 1, Article 7 as follows:

"c. The National Council of Professor Titles has a seal in the shape of the national emblem and a separate account. The operating funds of the Council are provided from the state budget through the Ministry of Education and Training."

3. Amending and supplementing Clause 3, Clause 4, Clause 5, and Clause 6, Article 8 as follows:

"3. Hold a doctoral degree for at least 36 months from the date of the decision granting the degree up to the deadline for submitting the application dossier to the Council of Professor Titles at the institution (hereinafter referred to as the deadline for submission).

If holding a doctoral degree but not having reached 36 months up to the deadline for submission, then must have twice the number of converted scientific works as stipulated in Clause 4 of this Article.

4. Have the required number of converted scientific works as prescribed by the Minister of Education and Training, including at least 50% of converted scientific works from scientific papers and 25% of converted scientific works completed in the three years prior to the deadline for submission.

For those working in agencies and organizations that are not higher education institutions, if they participate in teaching at the undergraduate level or above at Vietnamese higher education institutions, they must have outstanding scientific and technological achievements that have been published and highly evaluated; awarded major prizes either domestically or internationally (hereinafter referred to as having outstanding scientific and technological achievements).

5. Submit a report on scientific research and training results in the form of an overview scientific work presenting the scientific idea, main research direction, research methods, research results, and training conducted by the author since defending the doctoral dissertation for those applying for recognition of the associate professor standard or since being recognized as an associate professor for those applying for recognition of the professor standard.

6. Proficiently use one foreign language for professional work and communicate in English."

4. Amending and supplementing Clause 2, Clause 3, and adding Clause 5, Article 9 as follows:

"2. Have at least six years, including three consecutive final years, up to the deadline for submission, performing teaching duties at the undergraduate level or above sufficient hours as prescribed by the Minister of Education and Training.

For teachers who have more than ten consecutive years of teaching at the undergraduate level or above at higher education institutions up to the deadline for submission, if during the last three years there was a period of advanced training or study abroad not exceeding twelve months, this period shall not be considered a break in the last three years.

A teacher who has not completed six years of teaching duties at the bachelor's level or higher must have at least twice the standard number of points for scientific works converted as prescribed in Clause 4, Article 8 of this Regulation and must have been teaching at the bachelor's level or higher for the last three years up to the deadline for submitting the application form, meeting the required number of hours as stipulated by the Minister of Education and Training.

A teacher with a Doctor of Science degree or a Doctorate degree who has not completed thirty-six months as prescribed in Clause 3, Article 8 of this Decision must have been directly teaching at the bachelor's level or higher for at least one year up to the deadline for submitting the application form, meeting the required number of hours as stipulated by the Minister of Education and Training.

3. To have supervised successfully at least two master’s thesis students or to have supervised (either primarily or secondarily) one doctoral dissertation student who has successfully defended their thesis.

For fields and specialties within the Arts sector that do not offer a master’s program, this standard may be considered and replaced by significant research or creative works that have won major awards domestically or internationally by the individual, or by students directly supervised by the teacher who have won high awards domestically and internationally for their research and academic achievements.

5. In special cases, individuals who have made outstanding contributions to the country's and the world's science and technology cause, creating breakthroughs in scientific fields, may be exempted from the standards prescribed in Article 8 and this Article, and shall report to the Prime Minister before making a decision.

5. Amend and supplement Clause 3, and add Clause 6 to Article 10 as follows:

“3. To have supervised successfully at least two doctoral dissertation students.

For fields and specialties within the Arts sector that do not offer a doctoral program, this standard may be considered and replaced by significant research or creative works that have won major awards domestically or internationally by the individual, or by students directly supervised by the teacher who have won high awards domestically and internationally for their research and academic achievements.

6. In special cases, individuals who have made outstanding contributions to the country's and the world's science and technology cause, creating breakthroughs in scientific fields, may be exempted from the standards prescribed in Article 8 and this Article, and shall report to the Prime Minister before making a decision.

6. Amend Article 12 as follows:

"Article 12. Registration and submission of applications for recognition of qualification criteria for professor and associate professor positions.

Teachers belonging to the staff of universities where there is a University-level Professor and Associate Professor Qualification Council shall register and submit their applications to that council. Teachers belonging to units without a University-level Professor and Associate Professor Qualification Council shall register at the Office of the National Professor and Associate Professor Qualification Council."

7. Delete Clause 3 and amend and supplement Clause 2 of Article 13 as follows:

“2. The University-level Professor and Associate Professor Qualification Council shall compile the results of the recognition of qualification criteria for professor and associate professor positions, obtain confirmation from the head of the university where the council is located, and send the results of the recognition and all candidate files to the National Professor and Associate Professor Qualification Council simultaneously while notifying the competent authority managing the teachers.”

8. Amend Clause 2 of Article 14 as follows:

“2. The Professor and Associate Professor Qualification Council for disciplines and interdisciplinary fields shall review the registration applications for recognition of qualification criteria for professor and associate professor positions according to the procedures specified in Clause 1 of Article 13 for the University-level Professor and Associate Professor Qualification Council, then report the results and transfer all files to the National Professor and Associate Professor Qualification Council.”

9. a) The Electricity Generation Unit and the Electricity Purchaser shall agree and specify in the power purchase and sale contract the ratio of electricity volume settled at the contract price within the framework prescribed in Point b, Clause 1 of this Article or the annual contract volume (or each year within a multi-year cycle);

"Article 16. Subjects eligible for appointment to professor and associate professor positions.

1. Subjects eligible for appointment to professor positions:

a) Individuals recognized by the National Professor and Associate Professor Qualification Council as having met the qualification criteria for professor positions;

b) Teachers appointed as professors at foreign universities and currently teaching at the bachelor's level or higher at universities in Vietnam.

2. Subjects eligible for appointment to associate professor positions:

a) Individuals recognized by the National Professor and Associate Professor Qualification Council as having met the qualification criteria for professor and associate professor positions;

b) Teachers appointed as professors or associate professors at foreign universities and currently teaching at the bachelor's level or higher at universities in Vietnam.

10. Delete Clause 5 and amend and supplement Clauses 3 and 4 of Article 17 as follows:

“3. The head of the university shall base on the need for appointments to professor and associate professor positions, the proposals of departments and majors, and the opinions of the university's Scientific Council, issue decisions appointing professor or associate professor positions to teachers who have been recognized as having met the qualification criteria for professor and associate professor positions, and subsequently report to the head of the management authority of the training institution and the Minister of Education and Training.

4. The head of the university shall be responsible for assigning tasks to appointed professors and associate professors. Every three years, the head of the university shall conduct reviews and evaluations of the completion of assigned tasks by professors and associate professors to consider future assignments.”

11. Amend and supplement Clause 2 of Article 19 as follows:

“2. The National Professor and Associate Professor Qualification Council shall examine and make secret ballot resolutions on each case of revocation of recognition of qualification criteria for professor and associate professor positions or revocation of professor and associate professor positions. The resolution shall take effect if at least two-thirds (2/3) of the total members of the National Professor and Associate Professor Qualification Council agree.”

12. Delete Clauses 4 and 5 and amend and supplement Clause 3 of Article 21 as follows:

“3. The head of the university shall base on the opinions of the university's Scientific Council to issue decisions relieving teachers of professor and associate professor positions; terminate employment contracts or labor contracts with individuals who have received such decisions, and report to the head of the management authority of the teachers and the Minister of Education and Training.”

This Decision shall take effect from June 15, 2012.

The Minister, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and the Chairman of the State Council for Professor Titles shall be responsible for implementing this Decision./.