Circular No. 24/2020/TT-BGDĐT stipulates the use of teachers and educational management staff in preschools, primary schools, and junior high schools that have not met the required training standards.

CIRCULAR

Regulations on the use of teachers and educational management staff in preschool education institutions, primary schools, and junior high schools that have not met the required qualifications preschool, primary, and lower secondary education has not met the required training standards level of officially recognized training

Pursuant to the Education Law dated June 14, 2019;

Pursuant to Decree No.Decision 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;Resolution No. 181/NQ-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.Decree No. 69/2017/NĐ-CP of the Government dated May 25, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training; dated December 22, 2017 of the Minister of Education and Training.

Pursuant to Decree No.Decision No. 71/2020/NĐ-CP dated June 30, 2020 of the Government stipulating the roadmap for implementing the enhancement of qualification standards for preschool teachers, primary school teachers, and junior high school teachers;Resolution No. 73/NQ-CP dated June 30, 2020 of the Government stipulating the roadmap for implementing the enhancement of training standards for preschool, primary, and lower secondary school teachers;

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 use of teachers and educational management staff in preschool education institutions, primary schools, and junior high schools that have not met the required qualifications.

Article 1. Scope of Regulation

This Circular regulates the use of teachers and educational management staff in preschool education institutions, primary schools, and junior high schools that have not met the required qualifications as prescribed by the Education Law 2019 but do not fall within the category of those required to enhance their qualification standards as stipulated in Decision No. 71/2020/NĐ-CP dated June 30, 2020 of the Government stipulating the roadmap for implementing the enhancement of qualification standards for preschool teachers, primary school teachers, and junior high school teachers.

Article 2. Applicability

This Circular applies to teachers and educational management staff in public, private, and privately-run educational institutions including: preschool education institutions; primary schools, junior high schools, comprehensive schools with multiple levels including primary or junior high school levels, continuing education centers, vocational education and continuing education centers, specialized schools, and other educational institutions implementing the general education program at the primary or junior high school level (hereinafter referred to collectively as general education institutions).

Article 3. Use of Teachers Who Have Not Met the Required Qualifications

1. In the two consecutive years immediately preceding the effective date of this Circular, if a teacher has achieved a satisfactory performance evaluation or been classified as having completed their duties satisfactorily or better, and is in good health, they shall continue to be assigned teaching duties until retirement according to regulations.

2. In the two consecutive years immediately preceding the effective date of this Circular, if a teacher has failed to meet the required performance standards and has been classified as having not completed their duties satisfactorily in one year, they shall not be assigned teaching duties and shall be arranged to participate in professional training to be reassigned to another suitable position at the educational institution until retirement according to regulations.

3. A teacher who is not in good health and wishes to retire, and meets the conditions stipulated by the Social Insurance Law, may retire according to regulations.

4. Teachers who have not met the required qualifications as stipulated in Clauses 1, 2, and 3 of this Article may, depending on specific circumstances, implement regulations regarding termination of employment and reduction of personnel according to current regulations.

Article 4. Use of Educational Management Staff Who Have Not Met the Required Qualifications

1. In the two consecutive years immediately preceding the effective date of this Circular, if educational management staff have achieved a satisfactory performance evaluation or been classified as having completed their duties satisfactorily or better, and are in good health, they shall continue to hold their managerial positions until the end of their term. After the term ends, they will not be reappointed to the positions of principal or deputy principal, but will be reassigned to another suitable position at the educational institution until retirement according to regulations.

2. In the two consecutive years immediately preceding the effective date of this Circular, if educational management staff have failed to meet the required performance standards and have been classified as having not completed their duties satisfactorily in one year, they shall cease holding the positions of principal or deputy principal and be reassigned to another suitable position at the educational institution.

3. Educational management staff who are not in good health and wish to retire, and meet the conditions stipulated by the Social Insurance Law, may retire according to regulations.

4. Educational management staff who have not met the required qualifications as stipulated in Clauses 1, 2, and 3 of this Article may, depending on specific circumstances, implement regulations regarding termination of position, removal from office, and reduction of personnel according to current regulations.

2. The main contents of the plan for the use of teachers and education management officials who have not met the required training standards include:

a) The number and list of teachers and education management officials according to each category specified in Article 3 and Article 4 of this Circular;

b) The arrangement and reassignment of job positions for teachers and education management officials as stipulated in Clause 2 of Article 3 and Clause 2 of Article 4 of this Circular;

c) The resolution of retirement benefits, termination of employment, removal from position, and dismissal for teachers and education management officials as stipulated in Clause 3 and Clause 4 of Article 3 and Clause 3 and Clause 4 of Article 4 of this Circular;

d) The content, time frame, and form of organization for the implementation of professional development programs for teachers and education management officials as stipulated in Clause 2 of Article 3 and Clause 2 of Article 4 of this Circular;

đ) The responsibilities of organizations and individuals in implementing the plan.

1. Responsibilities of units under the Ministry of Education and Training

a) The Teacher and Education Management Official Department shall take the lead and coordinate with relevant units to inspect the implementation of this Circular;

b) Relevant units under the Ministry of Education and Training shall cooperate with the Teacher and Education Management Official Department to inspect the implementation of this Circular.

2. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

a) Direct the development of plans for the arrangement, reassignment, and utilization of teachers and education management officials who have not met the required training standards; allocate financial resources for professional development; and allocate financial resources for the implementation of policies for teachers and education management officials;

b) Direct the inspection and supervision of the implementation of plans for the use of teachers and education management officials who have not met the required training standards;

c) Direct the professional development of teachers and education management officials who have been reassigned to other job positions and have not met the required training standards;

d) Direct the implementation of regulations regarding retirement, termination of employment, removal from position, dismissal, and reduction in staff for teachers and education management officials as stipulated in Clause 3 and Clause 4 of Article 3 and Clause 3 and Clause 4 of Article 4 of this Circular.

a) Coordinate with the District People's Committee to direct the Department of Education and Training and educational institutions to implement this Circular within their authority;

b) Coordinate with training and professional development institutions and the District People's Committee to organize professional development for teachers and education management officials who have been reassigned to other job positions and have not met the required training standards;

c) Inspect, supervise, and report to the Ministry of Education and Training on the province's plan for the use of teachers and education management officials who have not met the required training standards and other required contents.

a) Approve plans for the use of teachers and education management officials who have not met the required training standards;

b) Inspect and supervise the implementation of plans;

d) Resolve retirement benefits, termination of employment, removal from position, and dismissal for teachers and education management officials as stipulated in Clause 3 and Clause 4 of Article 3 and Clause 3 and Clause 4 of Article 4 of this Circular.

5. Responsibilities of educational institutions using teachers and education management officials who have not met the required training standards

a) Educational institutions shall identify, compile lists, and propose usage plans for teachers and education management officials who have not met the required training standards as prescribed in this Circular;

b) Implement the plan for the use of teachers and education management officials who have not met the required training standards;

c) Create conditions for teachers and education management officials to participate in professional development as prescribed; resolve policies for teachers and education management officials.

Article 7. Effective Date

1. This Circular takes effect from October 10, 2020.

2. Repeal Decision No. 22/2006/QĐ-BGDĐT dated May 12, 2006, of the Minister of Education and Training on the professional development and utilization of teachers who have not reached the required standards.

Article 8. Responsibility for Implementation

The Head of the Office, the Director of the Teacher and Education Management Official Department, the Heads of relevant units under the Ministry of Education and Training, the Chairmen of Provincial People's Committees directly under the Central Government, the Directors of Departments of Education and Training, and related organizations and individuals are responsible for implementing this Circular./.