Circular No. 21/2023/TT-BGDĐT stipulates the code number, job title standards, and salary grading for support educators of persons with disabilities in public educational institutions.

CIRCULAR

Regulations on job code, occupational standards, and salary grading for support staff in special education in public educational institutions for persons with disabilities

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Civil Servant Law dated November 15, 2010; and the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Civil Servant Law dated November 25, 2019;

Pursuant to Decree No. 86/2022/NĐ-CP dated October 24, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary system for civil servants, public officials, and members of the armed forces; Decree No. 17/2013/NĐ-CP dated December 19, 2013 of the Government amending and supplementing certain articles of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary system for civil servants, public officials, and members of the armed forces;

Pursuant to Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities;

Based on the proposal of the Director of the Cadre and Civil Servant Department;

At the proposal of the Director of the Department of Teachers and Educational Management Staff;

The Minister of Education and Training issues this Circular stipulating job codes, occupational standards, and salary grading for support staff in special education in public educational institutions for persons with disabilities. Support staff in special education for persons with disabilities working in public educational institutions, including preschool education facilities, general education facilities, continuing education facilities, specialized schools, and integration development education centers where persons with disabilities participate in learning.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates job codes, occupational standards, appointment, and salary grading according to occupational titles for support staff in special education in public educational institutions.

Article 2. This Circular applies to support staff in special education for persons with disabilities working in public educational institutions, including preschool education facilities, general education facilities, continuing education facilities, specialized schools, and integration development education centers where persons with disabilities participate in learning.

Article 2. Job Code for Support Staff in Special Education for Persons with Disabilities

Support Staff in Special Education for Persons with Disabilities - Job Code: V.07.06.16.

Chapter II
OCCUPATIONAL STANDARDS, APPOINTMENT, AND SALARY GRADING ACCORDING TO OCCUPATIONAL TITLES CLASSIFICATION OF SALARIES ACCORDING TO PROFESSIONAL TITLES

Article 3. Duties and Occupational Standards for Support Staff in Special Education for Persons with Disabilities

1. Tasks

a) Participate in developing educational plans for persons with disabilities;

b) Implement programs and plans to support the education of persons with disabilities as required and regulated by the institution;

c) Assist persons with disabilities in their studies and training of specific skills and life skills suitable to their abilities and needs;

d) Assist teachers in activities related to caring for and educating persons with disabilities;

đ) Coordinate with teaching staff and class advisors to assess persons with disabilities;

e) Participate in mobilizing persons with disabilities to attend school;

g) Provide support and advice to families of persons with disabilities and the community regarding knowledge and skills in caring for and educating persons with disabilities;

h) Complete training programs; self-study and enhance professional competence according to job requirements;

i) Perform other tasks assigned by the principal.

2. Professional ethics standards

a) Adhere to the Party's guidelines and policies, state laws, and regulations of the sector;

b) Demonstrate a sense of responsibility, dedication to work; show love, respect, and fair treatment towards persons with disabilities; support and protect their legitimate rights and interests;

c) Demonstrate a cooperative spirit with colleagues, families of persons with disabilities, and other organizations and individuals in supporting the education of persons with disabilities;

d) Lead a healthy and civilized lifestyle appropriate to the educational environment.

3. Educational and Training Standards

a) Hold a college degree or higher in special education support or a college degree or higher in one of the fields or professions within the areas or groups of fields or professions: Teacher Training, Psychology, Social Work, Health Care (as specified by the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs);

b) Complete the training program according to the occupational standards for support staff in special education for persons with disabilities as prescribed.

Article 4. Professional Competence Standards

a) Understand and apply the Party's guidelines and policies, state laws, regulations, and requirements of the sector and locality related to special education;

b) Have knowledge of the characteristics and needs of persons with disabilities; support services in special education;

c) Apply basic professional knowledge and skills to support education for persons with disabilities;

d) Be capable of implementing or coordinating to implement the content of special education support programs according to grade levels;

đ) Possess skills in providing support, advice, participation, and coordination with teachers, families, and the community in special education.

Article 4. Principles for Appointment and Salary Classification for Support Education Staff for Persons with Disabilities

1. The appointment of support education staff for persons with disabilities to professional positions must be based on the provisions of this Circular and the job position, professional capacity, and vocational skills that the staff member possesses.

2. When appointing from civil servant ranks or current professional positions to the professional position of support education staff for persons with disabilities, there shall be no combination with salary grade advancement.

Article 5. Appointment to Professional Positions for Support Education Staff for Persons with Disabilities

Appointments to the professional position of support education staff for persons with disabilities with code V.07.06.16 shall be made for:

1. Cases where staff members are currently engaged in support education work for persons with disabilities but have not been appointed according to the provisions of Joint Circular No. 19/2016/TTLT-BGDĐT-BNV dated June 22, 2016, of the Minister of Education and Training and the Minister of Home Affairs regarding the code number and standards for the professional position of support education staff for persons with disabilities in public educational institutions when they meet the training qualification criteria specified in point a, Clause 3, Article 3 of this Circular.

2. Cases where staff members are recruited into the position of support education staff for persons with disabilities after this Circular takes effect and meet the probationary period requirements as stipulated.

Article 6. Salary Classification

1. Staff members appointed to the professional position of support education staff for persons with disabilities as prescribed in this Circular shall apply the salary coefficient of type A0 staff, ranging from coefficient 2.10 to coefficient 4.89 as stipulated in Table 3 (salary table for professional and vocational qualifications for officials and staff in state-run units) issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004, of the Government on salary systems for officials, civil servants, staff, and armed forces personnel.

2. The process of salary reclassification upon appointment to the professional position of support education staff for persons with disabilities shall be carried out as follows:

a) In cases where staff members have been appointed to the professional position of support education staff for persons with disabilities with code V.07.06.16 according to the provisions of Joint Circular No. 19/2016/TTLT-BGDĐT-BNV and meet the training qualification criteria specified in point a, Clause 3, Article 3 of this Circular, they shall be reclassified from the salary coefficient of type B staff to the salary coefficient of type A0 staff according to the salary classification principles set forth in Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007, of the Minister of Home Affairs guiding salary classification upon promotion, transfer, and change of category for civil servants and staff, and according to current laws.

b) In cases where staff members are currently working in the position of support education staff for persons with disabilities but hold civil servant rank codes or professional positions of other specialized staff categories and meet the criteria for appointment to the professional position of support education staff for persons with disabilities as stipulated in Clause 1, Article 5 of this Circular, the salary reclassification process shall be carried out as follows:

- In cases where staff members are currently classified under the salary coefficient of civil servants or type A0 staff according to Table 2 (salary table for professional and vocational qualifications for officials and civil servants in state agencies) or Table 3 (salary table for professional and vocational qualifications for officials and staff in state-run units) issued together with Decree No. 204/2004/NĐ-CP, they shall be classified under the salary coefficient of type A0 staff.

- In cases where staff members are currently classified under the salary coefficient of civil servants or type A1 or higher staff or type B staff, they shall be reclassified to the salary coefficient of type A0 staff according to the salary classification principles set forth in Section II of Circular No. 02/2007/TT-BNV and according to current laws.

3. When implementing new salary policies, the transition to new salaries shall be carried out according to the regulations of the Government.

Chapter III
IMPLEMENTING PROVISIONS

Article 7. Implementation Organization

1. This Circular serves as the basis for recruitment, utilization, and management of support education staff for persons with disabilities at public educational institutions with students with disabilities.

2. Private and self-established educational institutions with students with disabilities may apply the provisions of this Circular for implementation.

3. Heads of public educational institutions with students with disabilities directly managing and utilizing staff members shall be responsible for:

a) Reviewing job positions within their unit, developing plans for appointments to professional positions and salary classifications for support education staff for persons with disabilities within their authority; submitting to competent authorities for examination and decision-making or deciding according to delegated authority;

b) Reporting to competent authorities on the results of appointments and salary classifications for support education staff for persons with disabilities according to regulations.

4. Heads of competent authorities managing public educational institutions shall be responsible for:

a) Approving plans for appointments to professional positions and salary classifications for support education staff for persons with disabilities in public educational institutions under their management; resolving issues within their authority during the process of appointments to professional positions and salary classifications for support education staff for persons with disabilities in public educational institutions under their management;

b) Deciding according to their authority or delegating decisions on appointments to professional positions and salary classifications for support education staff for persons with disabilities in public educational institutions;

c) Reporting the results of appointments to professional positions and salary classifications for support education staff for persons with disabilities in public educational institutions under their management to competent authorities according to regulations;

d) Developing training plans according to professional position standards for support education staff for persons with disabilities and ensuring benefits and policies when participating in training according to the law.

Article 8. Application Provisions

1. In cases where civil servants currently engaged in supporting education for persons with disabilities in public educational institutions have not yet met the standards stipulated in point a, Clause 3, Article 3 of this Circular, if they continue to be assigned such work, they shall continue to receive their current salary until they meet the conditions for appointment and salary classification according to the occupational title of civil servant supporting education for persons with disabilities, or transfer to another position, resign, or retire as prescribed.

2. There is no requirement to reappoint the occupational title of civil servant supporting education for persons with disabilities as prescribed in this Circular for those who have already been appointed the occupational title of staff supporting education for persons with disabilities pursuant to Joint Circular No. 19/2016/TTLT-BGDĐT-BNV.

Article 9. Effective Date

1. This Circular takes effect from December 16, 2023.

2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, implementation shall be carried out in accordance with the amended, supplemented, or replacement documents.

3. This Circular replaces Joint Circular No. 19/2016/TTLT-BGDĐT-BNV.

Article 10. Responsibility for Implementation

Heads of relevant units under the Ministry of Education and Training; Chairpersons of Provincial People's Committees and Municipal People's Committees directly under the Central Government; Directors of Departments of Education and Training; related agencies, organizations, and individuals are responsible for implementing this Circular./.