Circular No. 33-GD on guiding the implementation of social insurance for state teachers

CIRCULAR

DIRECTIVE NO. 33/CĐ OF THE MINISTRY OF EDUCATION ON MAY 16, 1963 GUIDING THE IMPLEMENTATION OF SOCIAL INSURANCE REGIMES FOR STATE TEACHERS

Due to the specific circumstances of the education sector, applying the temporary regulations on social insurance regimes for state employees to the particular cases of this sector has encountered difficulties. In response to the requests and proposals of the Ministry of Education as outlined in Circular No. 501/BHPL dated February 20, 1963, the Ministry of Interior temporarily added some provisions. Based on these provisions, the Ministry hereby guides the application of certain social insurance regimes for state teachers and teaching staff.

1- Regarding the sick leave allowance:

- "The working hours regime for teaching staff at all levels in the education sector follows the general regime for other state employees: working six days a week, with eight hours of work each day including class time, lesson preparation, grading, and meetings. Therefore, if a teacher is ill or takes a day off for medical examination for less than one day, they will still receive full salary. If the illness lasts for one day or more, the sick leave allowance regime will be applied. Thus, if a teacher misses half an hour of class or a whole morning or afternoon session due to illness, they will still receive full salary."

Example: A primary school teacher who works one morning class and one afternoon session of preparation and grading, if ill and missing both sessions, would still not qualify for sick leave benefits as it does not exceed one day.

Example: For secondary level teachers and above, if during the day they have only one or two hours of scheduled classes and fall ill, missing those class hours and also the preparation and grading session, then that day counts as a full day off and qualifies for social insurance benefits.

- "Teachers who are ill during the summer break do not receive sick leave allowances but continue to receive full salary, including cases where hospitalization is required."

On this point, Circular No. 1049LB-BHXH dated July 6, 1962 of the Ministry of Labor also states:

"During the summer break, which is stipulated by the Ministry of Education for teachers, as well as during annual leave for all state employees, if they are ill, whether treated in a hospital or at home, they will receive their full salary as when working, without receiving sick leave benefits. These days are considered days off and entitled to salary."

- "In cases where a teacher's health is poor and the health authority recommends reducing the number of class hours per week, they will receive part of their salary and part of the sick leave allowance according to the ratio of reduced class hours to the total weekly class hours."

Example: A weak teacher recommended to reduce half of their weekly class hours will receive half of their salary and half of the sick leave allowance. Principals and school trade unions must ensure that the reduced working hours regime for such teachers is implemented to facilitate their recovery. It should be avoided to assign additional tasks to teachers who are supposed to rest fully, which could cause confusion about why they are receiving sick leave benefits while still working.

If a weak teacher wishes to participate in some school activities, it should be considered voluntary and the reduced working hours regime under the social insurance regulations should still be followed.

"Due to the shortage of facilities and limited space, teachers may spend some working hours at home or in dormitories. When they are ill, they must report to the school management and the school trade union to apply the social insurance regime. This applies to all teaching staff and research students during periods when they are not teaching but preparing materials."

To implement this regime effectively, school trade unions need to encourage teachers to voluntarily and conscientiously comply with the policy, while also organizing strict labor management to avoid affecting labor discipline.

Additionally, the Ministry reminds that apart from the summer break, public holidays, and personal leave as specified in Circular No. 025/TT dated July 4, 1959, other cases not within the scope of social insurance (receiving sick leave benefits instead of salary) will not be paid.

2- Cases eligible for work injury benefits:

Besides the cases generally defined for state employees in Circular No. 01/TT-LB dated January 23, 1962 of the Joint Ministries, the following specific cases are now defined:

- If due to school conditions, teachers must work from home, private rooms, or dormitories for lesson preparation, grading, and scientific research assigned by the school and suffer work injuries, they are eligible for work injury benefits.

- Specifically regarding scientific research, if necessary to conduct outside regular working hours, including evenings or weekends, within the scope of assigned topics by the school or state agencies, teachers engaged in supplementary cultural education, visiting parents of students, collecting visual aids outside regular working hours as planned by the school, or reported to the school beforehand, and suffer work injuries, they are also eligible for work injury benefits.

- Teachers attending evening meetings or activities, if injured, are not considered work injuries like other state employees. Cases of attending meetings outside regular working hours for work needs have been defined in Circular No. 01TT/LB dated January 23, 1962. Here, we refer only to cases of participating in organizational activities.

"Determining which cases are work injuries is closely related to defining the daily working hours of teachers in the education sector. Each locality should clearly define eight hours of daily work for teachers to ensure uniform and convenient implementation of the regime."

Circulars No. 46-TT and 47-TT dated October 24, 1962 of the Ministry of Education have clearly defined the working, meeting, and study regimes for teachers. Localities need to urge and guide schools to strictly implement them to ensure efficient use of teachers' working hours.

3- Regarding maternity leave:

In the case where a female teacher's maternity leave overlaps with the summer vacation period, it shall be regulated as follows:

If the time off before or after childbirth coincides with the summer vacation month for less than twenty days, such overlapping period shall be considered part of the maternity leave and no additional leave will be granted. If the maternity leave overlaps with the summer vacation month for between twenty to thirty days, an additional ten to fifteen days of leave shall be granted.

- If the time off before or after childbirth only adjoins the summer vacation month, the maternity leave shall still be arranged to last for sixty days according to the general regulations.

For example: If June is the summer vacation month, if the time off before and after childbirth of a female teacher overlaps with June for less than twenty days, no additional leave will be granted; from twenty days onwards, the Department of Education shall grant an additional ten to fifteen days of leave depending on the health condition and circumstances of that female teacher.

For example: If June is the summer vacation month, if a female teacher has already taken maternity leave in April and May, she will still be entitled to the entire June vacation, or if she has already taken the June vacation but did not take maternity leave until the beginning of July, she will still be entitled to a total of sixty days of maternity leave according to the general regulations.

4. Regarding the calculation of service time:

"Generally, the calculation of service time for state teachers is within the provisions of Circular 09/TT/LB dated February 17, 1962, issued by the Joint Ministry regarding the calculation of service time for workers and civil servants. However, some specific points are detailed below:

- The time spent working as a private school teacher followed by becoming a state teacher or other state worker is counted as continuous service time.

For example: A private school teacher who worked in the field for six years and then became a state teacher or a specialized staff member of a cultural supplement program at an enterprise... shall have their continuous service time counted including the six years of work as a private school teacher.

- "The time spent teaching at private schools in areas temporarily occupied, with monthly salary and using that salary as the main source of living (without shares in the school, only having the nature of being a salaried employee) is counted as general service time. Continuous service time is only counted from the day the government takes over the area."

For example: A teacher who taught at a private school in an area temporarily occupied without capital to invest in the school, receiving monthly salary without sharing profits from the school's business operations, if subsequently becomes a state teacher, the time spent teaching privately is counted as general service time.

For example: An administrator who established a private school in an area temporarily occupied and hired teachers as salaried employees, or a private teacher with shares in the school, receiving monthly salary plus profit sharing from the school, if subsequently becomes a state teacher, only the time spent as a state teacher is counted as general service time.

- "The time spent teaching at private schools established and managed by mass organizations is counted as continuous service time."

Here, mass organizations refer to revolutionary organizations such as the Vietnam United National Front, the Vietnam People's Front, the Vietnam Fatherland Front, etc.

Time spent teaching privately (teaching at home) is not counted as service time.

For example: A person who previously organized and managed a private class for children's education shall not have the time spent teaching privately counted as service time.

"Time spent as a village teacher with a monthly salary (in cash or rice) is counted as general service time."

Above, the Ministry guides the implementation of certain points regarding social insurance applicable to the education sector. It is requested that all levels of education closely cooperate with the Teachers' Union to implement the social insurance system established by the State, while educating teachers to strictly adhere to labor discipline to ensure professional competence and health.

During implementation, if encountering difficulties, please report to the Ministry for coordination with the Ministry of Home Affairs to provide further guidance.

Nguyen Van Huyen

(Signed)