Decree No. 35/2001/ND-CP On policies for teachers and educational managers working at specialized schools and in areas with particularly difficult socio-economic conditions.

DECREE

Regarding policies for teachers and educational management officials working at specialized schools and in areas with particularly difficult socio-economic conditions

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Education Law dated December 2, 1998;

At the proposal of the Minister of Education and Training, the Minister, Head of the Civil Service Committee under the Government, the Minister of Finance, and the Minister of Labor, Invalids and Social Affairs,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the allowances, subsidies, and other preferential policies for the following subjects:

1. Teachers and educational management officials within the establishment quota, those during their probation period or currently under contract within the establishment quota, receiving salaries from the State budget while working.

2. Teachers and educational management officials not within the State establishment quota, those during their probation period or under contract receiving salaries from legitimate sources not from the State budget.

3. Educational management officials as defined in Clauses 1 and 2 of this Article include:

a) Principals, Deputy Principals, Directors, Deputy Directors of centers and educational institutions;

b) Officials who were formerly teachers, Principals, Deputy Principals, Directors, Deputy Directors of educational institutions assigned to work in specialized departments and units of educational institutions;

c) Officials who were formerly teachers, Principals, Deputy Principals, Directors, Deputy Directors of educational institutions transferred to work in the Department of Education and Training.

Article 2. Scope of application

The scope of application of this Decree includes:

1. Specialized schools as defined in this Decree according to Articles 56, 57, 58, and 59 of the Education Law include:

a) Boarding schools for ethnic minorities, boarding schools for ethnic minorities, preparatory universities;

b) Specialized schools, talent schools;

c) Schools and classes for disabled persons;

d) Reformatory schools.

2. Areas with particularly difficult socio-economic conditions as defined by the Prime Minister.

Article 3. Principles for applying allowances, subsidies, and preferential policies and methods for calculating allowances

1. Subjects as defined in Clause 1, Article 1 of this Decree, in addition to enjoying policies like civil servants working in the education sector, also enjoy additional allowances, subsidies, and preferential policies stipulated in this Decree.

2. For teachers and educational management officials currently working at specialized schools located in areas with particularly difficult socio-economic conditions, they shall enjoy the allowances, subsidies, and preferential policies stipulated in Articles 4, 6, 7, 8, 9, 10, 11, 12, 13, and 15 of this Decree.

3. Subjects as defined in Clause 2, Article 1 of this Decree shall be entitled to apply and enjoy allowances, subsidies, and preferential policies stipulated in this Decree from legitimate income sources.

4. The types of allowances, subsidies, and preferential policies stipulated in this Decree are applied on the basis of arithmetic addition based on the percentage (%) of the current rank and grade salary and position allowance, responsibility allowance (if applicable) of the subject entitled to receive them.

Chapter II
POLICIES FOR TEACHERS AND EDUCATIONAL MANAGEMENT OFFICIALS WORKING AT SPECIALIZED SCHOOLS

Article 4. Subsidies for study tours, professional training, and skill enhancement

Teachers and educational management officials currently working at specialized schools when sent to study and enhance their professional skills, foreign languages shall be supported with funds for purchasing learning materials and shall be subsidized 100% for tuition fees and travel and accommodation allowances. Each year, at least once, teachers and educational management officials who have outstandingly completed their tasks for the academic year shall be provided state funding to create conditions for them to go on study tours and exchange experiences with domestic units.

1. A level of 50% of the current rank and grade salary and position allowance (if applicable) applies to teachers and educational management officials working at sports talent schools; arts talent schools; boarding schools for ethnic minorities; preparatory universities.

2. A level of 70% of the current rank and grade salary and position allowance (if applicable) applies to teachers and educational management officials working at boarding schools for ethnic minorities; high school specialized schools; schools and classes for disabled persons.

3. Teachers and educational management officials currently working at reformatory schools who receive defense and security service allowances and seniority allowances as stipulated in Article 5 of Decree No. 25/CP dated May 23, 1993 of the Government, temporarily regulating new salary systems for administrative and public service officials and armed forces personnel, if the allowance received is lower than the level stipulated in Clause 2 of this Article, they shall receive additional percentage (%) difference to reach the preferential allowance level of 70% of the current rank and grade salary and position allowance (if applicable).

4. Teachers and educational management officials currently working at specialized schools who receive preferential allowances at the levels specified in this Article shall not receive preferential allowances at the levels specified in Decision No. 973/QD-TTg dated November 17, 1997 of the Prime Minister regarding preferential allowances for teachers directly teaching in public schools.

Article 6. Allowance for responsibility

Teachers and educational management officials currently working at specialized schools shall receive a responsibility allowance coefficient of 0.3 compared to the minimum wage level.

Chapter III
POLICIES FOR TEACHERS AND EDUCATIONAL MANAGEMENT OFFICIALS WORKING IN AREAS WITH PARTICULARLY DIFFICULT SOCIO-ECONOMIC CONDITIONS

Teachers and educational management officials currently working at educational institutions in areas with particularly difficult socio-economic conditions shall receive preferential allowances at a level of 70% of the current rank and grade salary and position allowance (if applicable) and shall not receive preferential allowances at the levels specified in Decision No. 973/QD-TTg dated November 17, 1997 of the Prime Minister regarding preferential allowances for teachers directly teaching in public schools.

Teachers and educational management officials (from localities and from other localities) transferred to work in areas with particularly difficult socio-economic conditions shall receive recruitment allowances equal to 70% of the current rank and grade salary and position allowance (if applicable) for a period not exceeding five years, starting from the date of receipt of the decision.

Article 9. Term of Rotation for Teachers and Relocation Allowance

1. The term of rotation for female teachers to work in areas with extremely difficult socio-economic conditions is three years, while for male teachers it is five years. Upon completion of the aforementioned working period, the competent educational management authority shall arrange for the teacher's rotation back to their last place of residence and work before being rotated to work in areas with extremely difficult socio-economic conditions, or facilitate the teacher's transfer to work according to their wishes.

2. Educational management agencies and localities where teachers return from rotation have the responsibility to accept, arrange, and assign jobs, and simultaneously rotate other personnel to replace them if required. In case there are difficulties regarding staffing and salary funds, adjustments will be made to these resources. At the end of the term, teachers who voluntarily choose to stay and continue working and stabilizing their long-term life will be considered for land allocation for housing and farm economy, family economy, and loans for housing and farm economy at preferential interest rates repayable over ten years.

3. If teachers' families move along with them, they will be provided with travel allowance for transportation and luggage expenses for accompanying members, and relocation allowance of VND 5,000,000 (five million dong) per household.

Article 10. Initial Allowance

Teachers who are rotated to work at educational institutions in areas with extremely difficult socio-economic conditions shall receive an initial allowance of VND 3,000,000 (three million dong) per person. The People's Committee of the district where the teachers are transferred to shall be responsible for receiving and resolving the initial allowance and accommodation for the transferred teachers.

Article 11. Allowance for Purchase and Transportation of Fresh Water

For regions that truly lack fresh water seasonally, teachers and educational management staff shall be provided with allowances for purchasing and transporting fresh water to meet daily living needs, after deducting the cost of fresh water included in their salaries. Provincial People's Committees with regions lacking fresh water shall base their decisions on specific circumstances of communes and islands lacking fresh water to determine the time and amount of allowances for purchasing and transporting fresh water suitable to local prices.

Article 12. Mobility Allowance

Teachers and educational management staff specializing in literacy and universal education who must frequently visit villages, hamlets, and ethnic communities shall receive a mobility allowance equivalent to 0.2 times the minimum wage level.

Teachers and educational management staff teaching in the languages and scripts of ethnic minorities shall receive an additional allowance equal to 50% of their current grade and position pay (if applicable).

Article 14. Subsidies for study tours, professional training, and skill enhancement

1. Teachers and educational management staff working in areas with extremely difficult socio-economic conditions shall enjoy allowances for sightseeing, study, and professional training as stipulated in Article 4, Chapter II of this Decree.

2. Teachers and educational management staff in ethnic minority areas within regions with extremely difficult socio-economic conditions who self-study ethnic languages to serve their work shall be supported with funds for purchasing materials and training for self-study of ethnic languages, equivalent to or comparable to the support for similar studies in regular schools and classes.

Article 15. Awards

1. Teachers and educational management staff working in areas with extremely difficult socio-economic conditions who have many achievements contributing to the education cause shall be considered for the titles of National Teacher, Outstanding Teacher, and Medal for the Education Cause according to the provisions of the law.

2. The criteria for working time and direct teaching time for awarding the Medal for the Education Cause, conferring the title of National Teacher, and Outstanding Teacher for teachers and educational management staff working in areas with extremely difficult socio-economic conditions shall be converted or reduced according to the regulations of the Minister of Education and Training.

Chapter IV
IMPLEMENTING PROVISIONS

Article 16. Effectiveness

This Decree shall take effect fifteen days from the date of signature.

All previous regulations contrary to this Decree are hereby abolished.

Article 17. Implementation guidance

The Minister of Education and Training shall take the lead and coordinate with relevant ministries and sectors to be responsible for guiding the implementation of this Decree.

Article 18. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Decree./.