Circular No. 21/2025/TT-BGDĐT stipulates the payment system for overtime teaching salaries for teachers in public educational institutions.

CIRCULAR

Regulations on the payment of overtime wages for teachers in public educational institutions

in public educational institutions

On the basis of Law on Education No. 43/2019/QH14;

On the basis of The Labor Code number 45/2019/QH14;

Decree No. Decision No. February 26, 2025 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Decree No. Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on wage systems for civil servants, public officials, and members of the armed forces;

Decree No. Decree No. 145/2020/NĐ-CP dated December 14, 2020 of the Government detailing and guiding the implementation of certain provisions of Labor Code concerning working conditions and labor relations;

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

The Minister of Education and Training issues this Circular to regulate the payment of overtime wages for teachers in public educational institutions.

Article 1. Scope of Regulation

Article 1. This Circular regulates the system for paying overtime wages for teachers in public educational institutions within the national education system. hours for teachers in public educational institutions within the national education system.

Article 2. This Circular does not apply to teachers in educational institutions under the Ministry of National Defense and the Ministry of Public Security.

Article 2. Applicability

Point 1. Teachers and teachers holding management positions in educational institutions (hereinafter referred to collectively as teachers) included in the payroll approved by the competent authority, currently teaching in public educational institutions within the national education system.

Point 2. Teachers included in the payroll approved by the competent authority, currently providing practical guidance at workshops, stations, camps, laboratories in public educational institutions or on training ships.

Clause 1. Hourly teaching quota per academic year for kindergarten teachers; class hour teaching quota per academic year for primary and secondary school teachers, regular and preparatory university teachers; lecture hour quota per academic year for vocational education teachers; standard lecture hour quota per academic year for university faculty members, training and development institutions of ministries, ministerial-level agencies, government agencies, political organizations, political-social organizations, provincial political schools, centrally-administered municipalities are collectively referred to as the class hour teaching quota per academic year.

Clause 2. The monthly salary of teachers serving as the basis for calculating overtime wages includes: salary calculated based on the pay scale (or job position), leadership position allowance (if applicable), salary allowances, and retention coefficient (if applicable).

Clause 3. Total additional class hours taught in one academic year by each teacher

Point a. The total number of additional class hours taught in one academic year by each teacher counted for the purpose of paying overtime wages shall not exceed 200 class hours except in cases stipulated in point b of this clause;

Point b. In cases where the total number of additional class hours taught in one academic year by a teacher exceeds 200 class hours due to insufficient teachers assigned to teach a subject, the head of the educational institution must notify the competent authority in writing.

Clause 4. Total additional class hours in one academic year for all teachers

Point a. The total number of additional class hours in one academic year for all teachers shall not exceed the maximum number of additional class hours allowed in one academic year for the educational institution as prescribed in Clause 1 of Article 4 of this Circular, except in cases stipulated in point b of this clause;

Point b. In cases where the total number of additional class hours taught in one academic year by all teachers in the educational institution exceeds the maximum number of additional class hours allowed in one academic year for the educational institution due to insufficient teachers assigned to teach a subject, the head of the educational institution must notify the competent educational management authority in writing.

Clause 5. Tasks for which compensation or allowances have been received shall not be converted into teaching hours or reduced from the teaching quota to calculate overtime wages unless otherwise provided by law.

Clause 6. The academic year specified in this Circular runs from July 1 of the previous year to June 30 of the following year (including summer break).

In case of emergency situations requiring adjustments to the academic year schedule for disaster prevention, epidemic control, or urgent circumstances, the start and end dates of the academic year will be determined according to the adjustment document issued by the competent authority for that academic year.

Clause 7. Payment of overtime wages to teachers shall be made after the end of the academic year. In cases where teachers retire, resign, transfer, or change positions, payment of overtime wages shall be made upon receipt of the decision on retirement, resignation, transfer, or change of position from the competent authority.

Clause 8. Teachers working in public educational institutions with multiple levels of education and training shall apply the class hour teaching quota per academic year prescribed for the corresponding level of education and training as appointed.

Clause 9. Time during which teachers are not directly involved in teaching but are considered to have completed the required teaching hours according to the quota and counted towards the total teaching hours in the academic year include:

Point a. Time when teachers perform other tasks assigned by the educational institution or the competent authority (excluding tasks for which they have received compensation);

Point b. Time when teachers are sent by the competent authority for training or development without directly participating in teaching;

Point c. Time counted as completing the required teaching hours according to the regulations of the law.

Clause 10. Overtime wages for dispatched teachers and teachers teaching across multiple schools are determined as follows:

Point a. The educational institution where the dispatched teacher is assigned pays the overtime wages for the dispatched teacher;

Point b. The educational institution where the teacher is assigned to teach across multiple schools pays the overtime wages for the teacher. If a teacher is assigned to teach across three or more educational institutions simultaneously (including the educational institution where the teacher works), the overtime wages for the teacher are paid by the educational institutions where the teacher teaches according to the actual number of class hours taught by the teacher in those institutions.

1. Total number of additional teaching hours maximum in one academic year that educational institutions are paid for overtime teaching hours shall be determined as follows: The total number of additional teaching hours

maximum in one academic year = [Total number of teaching hours for all subjects, courses, modules, and educational activities of all classes according to the education program/year or training program/year + Total number of teaching hours counted for other tasks/year (if any) + Total number of teaching hours counted for full teaching/year (if any)] - (Total standard teaching hours of all teachers/year). maximum in one academic year = [Total number of teaching periods for all subjects, courses, modules, and educational activities according to the educational program for the academic year or the training program for the academic year + Total number of teaching periods counted towards other tasks for the academic year (if any) + Total number of teaching periods counted as full-time for the academic year (if any)] - (Total standard teaching periods for all teachers for the academic year).

Where:

a) Total number of teaching hours counted for other tasks/year includes: total number of converted teaching hours/year according to regulations; total number of additional teaching hours/year according to regulations; total number of reduced teaching hours/year according to regulations;

b) Total standard teaching hours of all teachers/year includes: total standard teaching hours/year of all teachers working a full academic year (excluding teachers assigned to teach across schools); actual teaching hours of teachers assigned to teach across schools (if any)/year at the educational institution where the teacher works; standard teaching hours/time actually worked for cases working less than a full academic year (including both assigned from and to schools).

Standard teaching hours/time actually worked are calculated according to points a, b, and c Clause 2 Article 6 of this Circular.

2. Total number of additional teaching hours in one academic year for each teacher shall be determined as follows:

Number of additional teaching hours of each teacher/year = (Total number of actual teaching hours/year) - (Standard teaching hours/year).

Where:

a) Total number of actual teaching hours/year includes: actual number of taught hours/year; converted teaching hours/year according to regulations (if any); additional teaching hours/year according to regulations (if any); reduced teaching hours/year according to regulations (if any); teaching hours counted towards full teaching/year according to regulations (if any).

For teachers assigned to teach on special duty or across schools, the total number of actual teaching hours/year is the sum of actual teaching hours/year at all educational institutions where the teacher teaches.

b) Standard teaching hours/year for kindergarten teachers = (Number of standard teaching hours/day) x (Number of working days/week) x (Number of weeks teaching children/year).

c) Standard teaching hours/year for teachers in other educational institutions shall be implemented according to current regulations on the working system of teachers.

d) In cases where there are no regulations on standard teaching hours/year for teachers, the head of the educational institution shall determine it in writing after reaching consensus with the collective of teachers and management staff of the educational institution.

3. Based on the total number of additional teaching hours maximum in one academic year that educational institutions are paid for overtime teaching hours shall be determined as follows: and the number of additional teaching hours of each teacher, the head of the educational institution decides the number of additional teaching hours of each teacher to be paid in accordance with the principle stipulated in Clause 3 Article 3 of this Circular.

1. The salary for one teaching hour of teachers is determined as follows:

a) For teachers in kindergartens, primary and secondary schools, regular education centers, preparatory universities, specialized schools, and vocational education teachers:

b) For teachers in higher education institutions, normal colleges, training and development centers of Ministries, agencies equivalent to ministries, government agencies, political organizations, political-social organizations, provincial political schools:

c) For teachers holding managerial positions in educational institutions or teachers assigned to work as General Team Leaders, Youth League cadres, or Association cadres in educational institutions, the standard teaching hours/year calculated according to points a and b above shall be considered as the standard teaching hours/year for teachers of the same level and training degree in that educational institution.

2. Overtime pay for one teaching hour = Salary for one teaching hour x 150%.

3. Annual overtime pay = Number of additional teaching hours/year x Overtime pay for one teaching hour.

4. Overtime pay for teachers specified in Clause 2 Article 2 of this Circular shall be implemented according to the regulations on overtime pay under labor laws.

1. Teachers who have a teaching time that is less than one academic year shall be entitled to receive overtime teaching salary corresponding to their actual working time. hours corresponding to actual working time.

2. The overtime teaching salary for one class period for teachers working less than one academic year shall be determined as follows:

Where:

a) For teachers in early childhood education institutions: The teaching quota/time worked = (Number of standard teaching hours/day) x (Number of working days/week) x (Number of weeks actually taught corresponding to the actual working time);

b) For teachers in general education institutions, continuing education institutions, preparatory universities, specialized schools: The teaching quota/time worked = (Average teaching quota per week) x (Number of weeks actually taught corresponding to the actual working time);

c) For teachers in other educational institutions: The teaching quota/time worked = [(Teaching quota/year) x (Number of weeks actually taught corresponding to the actual working time)] / (Number of teaching weeks in an academic year);

d) The number of teaching weeks or childcare weeks as prescribed does not include the reserve weeks.

3. The total number of additional teaching periods in one academic year for teachers as stipulated in this Article shall be determined as follows:

Number of additional teaching hours of teachers/year = (Total number of teaching periods during actual working time) - (Teaching quota/actual working time).

Where:

The total number of teaching periods during actual working time includes: the number of periods taught during actual working time; the number of periods converted into teaching periods during actual working time according to regulations (if applicable); the number of additional teaching periods calculated during actual working time according to regulations (if applicable); the number of teaching periods reduced during actual working time according to regulations (if applicable); the number of teaching periods counted towards the full teaching quota during actual working time according to regulations (if applicable).

For teachers assigned to teach on special duty or at multiple schools, the total number of teaching periods during actual working time is the sum of the teaching periods during actual working time at all educational institutions where the teacher participates in teaching.

4. The overtime teaching salary for one class period, the annual overtime teaching salary for teachers as stipulated in Clause 1 of this Article shall be determined according to the provisions of Clause 2 and Clause 3 of Article 5 of this Circular.

5. In cases where a teacher takes more than three days off in one week, that week will not be counted as a week of actual teaching; in cases where a teacher takes less than three days off in one week, that week will be counted as a week of actual teaching.

Article 7. Source of funds

1. The source of funds for paying overtime teaching salary shall be allocated from the financial resources of public service units as prescribed in Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government on the mechanism of financial autonomy of public service units; Decree No. 111/2025/ND-CP dated May 22, 2025 of the Government amending and supplementing some articles of Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government on the mechanism of financial autonomy of public service units and related guiding documents.

2. The preparation of budget estimates, payment, and settlement of overtime teaching salary funds shall be carried out in accordance with the laws and relevant documents for public service units. Public educational institutions shall base their specific conditions to implement payments or advance payments of overtime teaching salary monthly, quarterly, or annually as appropriate.

Article 8. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from the date of signature.

2. The payment of overtime teaching salary for teachers in the 2024-2025 academic year shall be implemented according to the provisions of Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC dated March 8, 2013 of the Ministers of Education and Training, Interior, and Finance guiding the implementation of the overtime teaching salary system for teachers in public educational institutions.

3. Repeal Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC dated March 8, 2013 of the Ministers of Education and Training, Interior, and Finance guiding the implementation of the overtime teaching salary system for teachers in public educational institutions.

salary system. 4. Heads of higher education institutions, colleges, training and development organizations under ministries, agencies equivalent to ministries, government agencies, political organizations, political-social organizations, provincial-level political schools shall base the provisions of this Circular, the working regulations of teachers, relevant laws, and the actual conditions of the educational institution to establish the payment of overtime teaching

salary for teachers under their management authority.

5. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.