Circular No. 22/2003/TT-BNV guiding the appointment and removal from professor and associate professor ranks in public higher education institutions.

 

CIRCULAR

Guidelines for the appointment and removal of professor and associate professor ranks in public higher education institutions

Implementing Decree No. 20/2001/NĐ-CP dated May 17, 2001 of the Government stipulating standards, procedures for the appointment and removal of professor and associate professor positions; the Ministry of Home Affairs guides the appointment and removal of professor and associate professor ranks in public higher education institutions as follows:

I. SCOPE, OBJECTS, CONDITIONS FOR APPOINTMENT AND REMOVAL OF PROFESSOR AND ASSOCIATE PROFESSOR RANKS

1. Scope: The appointment and removal of professor and associate professor ranks shall be carried out in higher education and postgraduate institutions, including:

1.1. Colleges;

1.2. Universities, University Institutes;

1.3. Research institutes assigned the task of training doctoral level and collaborating with universities to train master's level.

2. Objects eligible for appointment to the professor and associate professor ranks are teachers within the faculty staff establishment, currently classified under the faculty rank salary scale (scale 15) issued together with Decree No. 25/CP dated May 23, 1993 of the Government temporarily regulating new salary systems for civil servants, administrative and public service officials, and armed forces personnel.

3. Objects subject to removal from the professor and associate professor ranks include:

3.1. Persons whose professor or associate professor titles have been revoked due to being found and determined not to meet the required conditions and standards at the time of title recognition or due to committing a crime and being sentenced to imprisonment without suspended sentence from the date the judgment becomes legally effective;

3.2. Persons who have been appointed to the professor or associate professor ranks but fail to fulfill their duties.

4. Conditions for appointing teachers to the professor and associate professor ranks shall be met when:

4.1. There is a decision recognizing the professor or associate professor title by the Chairman of the State Council on Academic Titles; or there is a decision conferring the academic title of professor or associate professor by the Chairman of the State Council on Academic Degrees and Scientific Titles or the Chairman of the State Council on Academic Rank;

4.2. They are recognized by the higher education institution managing the teacher's establishment quota as having job requirements, positions, within the teaching establishment and sufficient direct teaching hours according to the regulations of the Ministry of Education and Training.

5. Removal from the professor and associate professor ranks shall be implemented when one of the following conditions is met:

5.1. There is a decision by the Chairman of the State Council on Academic Titles revoking the professor or associate professor title;

5.2. There is a court decision sentencing to imprisonment without suspended sentence;

5.3. There is a decision by the head of the competent authority regarding failure to complete the duties of the professor or associate professor rank.

6. Teachers who have been appointed to the professor or associate professor ranks and change positions where such ranks do not exist shall be transferred to corresponding ranks and must meet the professional standards of the transferred civil servant rank.

II. PROCEDURES FOR APPOINTMENT, REMOVAL, AND TRANSFER FROM THE PROFESSOR AND ASSOCIATE PROFESSOR RANKS

A. APPOINTMENT TO THE RANK

1. Based on the objects and conditions set forth in Points 2 and 4 of Part I of this Circular, higher education and postgraduate institutions determine the number of persons meeting the conditions for appointment to the professor and associate professor ranks, prepare a list, and submit a written request to the Ministry, ministry-level agency, or agency under the Government (hereinafter referred to collectively as the Ministry) or provincial People's Committee (hereinafter referred to collectively as the province).

2. The Ministry or province reviews and submits a written request to the Ministry of Home Affairs and the Ministry of Education and Training for the appointment of teachers meeting the conditions to the professor and associate professor ranks.

3. The Ministry of Home Affairs reviews the list of proposed appointments to the professor and associate professor ranks by the Ministry or province, seeks written opinions from the Minister of Education and Training, and issues a decision by the Minister of Home Affairs to appoint teachers meeting the criteria to the professor and associate professor ranks.

B. REMOVAL FROM THE RANK

1. Higher education and postgraduate institutions base on the objects and conditions set forth in Points 3 and 5 of Part I of this Circular submit a written request to the Ministry or province to consider cases for removal from the professor and associate professor ranks.

2. The Ministry or province reviews and submits a written request to the Ministry of Home Affairs and the Ministry of Education and Training for cases of removal from the professor and associate professor ranks.

3. Based on the requests of the Ministry or province and written opinions from the Minister of Education and Training, the Minister of Home Affairs considers and issues a decision to remove individuals from the professor and associate professor ranks.

In cases where a person is sentenced to imprisonment without suspended sentence, they are automatically dismissed from their position from the date the judgment becomes legally effective, and are also automatically removed from the professor and associate professor ranks.

C. TRANSFER FROM THE RANK

The transfer from the professor and associate professor ranks to other ranks as stipulated in Point 6 of Part I of this Circular shall be carried out as follows:

1. For those currently holding the professor rank and meeting the criteria to be transferred to the senior specialist rank or equivalent: The Ministry or province determines the position in the new rank and submits a written request to the Minister of Home Affairs for appointment to the corresponding rank.

2. For those currently holding the associate professor rank and meeting the criteria to be transferred to the chief specialist rank or equivalent: The Ministry or province appoints to the corresponding rank and reports the list to the Ministry of Home Affairs for monitoring.

III. SALARY ADJUSTMENTS

Based on the education and training sector salary scale (scale 15) issued together with Decree No. 25/CP dated May 23, 1993 of the Government, salary adjustments upon appointment and removal from the professor and associate professor ranks in higher education and postgraduate institutions shall be carried out as follows:

1. Teachers appointed to the professor rank currently classified under the associate professor - senior lecturer rank shall be classified under the professor rank (code 15.109), and teachers appointed to the associate professor rank currently classified under the lecturer rank shall be classified under the associate professor - senior lecturer rank (code 15.110).

The assignment of salary coefficients shall be carried out in accordance with the provisions of Circular No. 39/2000/TT-BTCCBCP dated June 19, 2000, issued by the Government Organizational and Cadre Department (now the Ministry of Home Affairs) guiding the assignment of salaries when appointed to a rank for civil servants who have passed the examination for promotion to a higher rank.

2. For teachers currently assigned to the professor rank (code 15.109) who are appointed to the professor rank and teachers currently assigned to the associate professor - senior lecturer rank (code 15.110) who are appointed to the associate professor rank, they shall be assigned to the next higher grade of the professor rank, associate professor - senior lecturer rank (if there is still a grade available); the time for calculating the next salary increment shall be counted from the last salary increment before being appointed to the professor or associate professor rank..109) who are appointed to the professor rank and teachers currently assigned to the associate professor - senior lecturer rank (code 15.110) who are appointed to the associate professor rank, they shall be assigned to the next higher grade of the professor rank, associate professor - senior lecturer rank (if there is still a grade available); the time for calculating the next salary increment shall be counted from the last salary increment before being appointed to the professor or associate professor rank.

Example 1: Mr. Nguyen Van A teaches at University N and is currently assigned to the professor rank (code 15.109), Grade 2 with a coefficient of 5.23 since May 1, 2002, and was appointed to the professor rank on June 1, 2003; Mr. A shall be assigned to Grade 3 with a coefficient of 5.54; the time for calculating the next salary increment shall be counted from May 1, 2002.

3. In cases where teachers are relieved of their professor or associate professor ranks, the salary assignment shall be as follows:

3.1. In cases where relief is accompanied by disciplinary action in the form of demotion:

a. In cases where teachers are relieved of their professor or associate professor ranks but still meet the conditions to continue teaching at universities and postgraduate institutions, they shall be relieved of the professor rank and assigned to the associate professor - senior lecturer rank; relieved of the associate professor rank and assigned to the lecturer rank; assigned to a grade with a coefficient equivalent to the coefficient received before relief; the time for calculating the next salary increment shall be counted from the last salary increment of the professor or associate professor rank.

If the coefficient is higher than the highest grade of the associate professor - senior lecturer rank or the lecturer rank, they shall be assigned to the highest grade plus the difference between the coefficient received before relief and the highest grade coefficient of the associate professor - senior lecturer rank or the lecturer rank.

Example 2: Ms. Le Thi B teaches at University K and was appointed to the associate professor rank, currently assigned to the associate professor - senior lecturer rank (code 15.110), Grade 3 with a coefficient of 3.91 since March 1, 2001. On July 1, 2003, Ms. B received a decision to relieve her of the associate professor rank, thus she shall be assigned to the lecturer rank (code 15.111), Grade 9 with a coefficient of 3.87; the time for calculating the next salary increment shall be counted from March 1, 2001..

Example 3: Mr. Tran Van C teaches at University X and was appointed to the professor rank, currently assigned to the professor rank (code 15.109), Grade 6 with a coefficient of 6.67. On June 1, 2003, Mr. C received a decision to relieve him of the professor rank, thus he shall be assigned to the associate professor - senior lecturer rank (code 15.110), Grade 9 with a coefficient of 5.6 plus a difference coefficient of 1.07 (6.67 - 5.6 = 1.07).

b. In cases where teachers are relieved of their professor or associate professor ranks but do not continue teaching at universities and postgraduate institutions and instead transfer to other work, they shall be relieved of the professor rank and assigned to the senior specialist rank or equivalent; relieved of the associate professor rank and assigned to the specialist rank or equivalent; assigned to a grade with a coefficient equivalent to the coefficient received before relief; the time for calculating the next salary increment shall be counted from the last salary increment of the professor or associate professor rank.

If the coefficient is higher than the highest grade of the senior specialist rank or equivalent, or the specialist rank or equivalent, they shall be assigned to the highest grade plus the difference between the coefficient received before relief and the highest grade coefficient of the new rank.

Example 4: Mr. Nguyen Van D teaches at College Q and was appointed to the professor rank, currently assigned to the professor rank (code 15.109), Grade 1 with a coefficient of 4.92 since March 1, 2001. On June 1, 2003, Mr. D received a decision to relieve him of the professor rank to transfer to scientific research work at Institute P. Therefore, he shall be assigned to the senior researcher rank (code 13.091), Grade 7 with a coefficient of 5.03; the time for calculating the next salary increment shall be counted from March 1, 2001.

Example 5: Ms. Nguyen Thi E teaches at Academy K and was appointed to the associate professor rank, currently assigned to the associate professor - senior lecturer rank (code 15.110), Grade 9 with a coefficient of 5.6. On June 1, 2003, Ms. E received a decision to relieve her of the associate professor rank and transferred to administrative work at Ministry M. Therefore, she shall be assigned to the specialist rank (code 01.003), Grade 10 with a coefficient of 4.06 plus a difference coefficient of 1.54 (5.6 - 4.06 = 1.54).

3.2. In cases where relief does not reach the level of disciplinary action or is subject to disciplinary action in the form of reprimand or warning, the salary assignment shall be carried out according to Point 4, Part III of this Circular.

4. In cases where teachers have been appointed to the professor or associate professor rank but now transfer to another position as stipulated in Section C, Part II of this Circular, the salary assignment shall be as follows: the professor rank shall be assigned to the senior specialist rank or equivalent; the associate professor rank shall be assigned to the senior specialist rank or equivalent; assigned to a grade with a coefficient equivalent to the coefficient received while in the professor or associate professor rank; the time for calculating the next salary increment shall be counted from the last salary increment of the professor or associate professor rank.

Example 6: Mr. Vu Van G teaches at University M and was appointed to the professor rank, currently assigned to the professor rank (code 15.109), Grade 4 with a coefficient of 5.85 since July 1, 2001. On July 1, 2003 Mr. G received a decision to transfer to administrative work at Ministry N, thus he shall be relieved of the professor rank and assigned to the senior specialist rank (code 01.001), Grade 4 with a coefficient of 5.85; the time for calculating the next salary increment shall be counted from July 1, 2001..

Example 7: Ms. Tran Thi H teaches at Hanoi Medical University, appointed to the associate professor rank, currently classified under the associate professor - principal lecturer (code 15.110) grade 6 with a salary coefficient of 4.75 since September 1, 2001.. On June 1, 2003, Ms. H received a decision to transfer her work to the treatment and diagnosis at Hospital N, therefore she was transferred out of the associate professor rank and was classified under the chief physician (code 16.117) grade 6 with a salary coefficient of 4.75; the time for the next salary increment calculation starts from September 1, 2001.

5. The period during which the new rank salary coefficient is enjoyed by the cases mentioned above shall be calculated from the date on which the competent authority issues the appointment or removal decisions for the professor and associate professor ranks; or the appointment decision when transferring to other ranks.

IV. IMPLEMENTATION

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, municipal People's Committees directly under the central government, higher education institutions, postgraduate institutions, and related agencies have the responsibility to organize and direct the implementation of the provisions of this Circular.

2. This Circular takes effect fifteen days after its publication in the Official Gazette.

In the process of organizing and implementing, if there are any difficulties, please reflect them to the Ministry of Home Affairs and the Ministry of Education and Training for study and resolution.