Joint Circular No. 35/2006/TTLT-BGDĐT-BNV guiding the staffing norms for public servants at general education institutions

JOINT CIRCULAR

Guidelines for staffing norms of civil servants at public general education institutions

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Pursuant to Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on decentralization of administrative and public service staff management; Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Directive No. 14/2001/CT-TTg dated June 11, 2001 of the Prime Minister on reforming the general education program to implement Resolution No. 40/2000/QH10 dated December 9, 2000 of the National Assembly; The guidance of the Prime Minister in Circular No. 3091/VPCP-KG dated June 9, 2006 of the Government Office assigning the Ministry of Home Affairs to coordinate with the Ministry of Education and Training to issue a joint circular guiding the staffing norms for educational public services at localities.

After receiving the opinion of the Ministry of Finance in Circular No. 9704/BTC-HCSN dated August 10, 2006 regarding the staffing norms for civil servants at public general education institutions and the opinion of the Ministry of Planning and Investment in Circular No. 5736/BKH-KHGDTN&MT dated August 4, 2006 regarding comments on the draft joint circular guiding the staffing norms for civil servants in public general education institutions.

The Ministry of Education and Training and the Ministry of Home Affairs provide guidelines for staffing norms of civil servants at public general education institutions as follows:

I. GENERAL PROVISIONS

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a) This circular guides staffing norms applicable to civil servants at public general education institutions including administrative officers, teachers, and staff. Staffing norms for civil servants do not include positions under contracts as stipulated in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the system of contracts for certain types of work in state administrative agencies and public service units.

b) This circular applies to primary schools, secondary schools, high schools, and public general education institutions with multiple levels. This circular does not apply to specialized schools, high-quality high schools, and technical centers.

2. The staffing of civil servants at public general education institutions must be consistent with the planning of the network of general education institutions, the characteristics of educational work in the locality, and the budget capacity.

3. The staffing norm for teachers in one class as specified in this circular is the number of teachers required for teaching all subjects, serving as class advisors, conducting collective educational activities, and extracurricular activities as prescribed in Decision No. 16/2006/QĐ-BGDĐT dated May 5, 2006 of the Minister of Education and Training promulgating the general education program.

4. The classification of schools shall be implemented according to the following provisions:

Categories I, II, and III of primary schools, secondary schools, and high schools as specified above correspond respectively to categories eight, nine, and ten for primary schools, categories seven, eight, and nine for secondary schools, and categories six, seven, and eight for high schools as stipulated in Article 8 of Decision No. 181/2005/QĐ-TTg dated July 19, 2005 of the Prime Minister on the classification and ranking of public service organizations and public service enterprises.

5. For multi-level general education schools, the determination of school category, staffing of administrative officers, and staff engaged in library, equipment, laboratory, and office work shall be applied according to the highest level within that school.

6. The number of teaching hours per week for administrative officers and teachers is defined as follows:

a) Principals of primary schools, secondary schools, high schools, and multi-level general education schools teach two periods;

b) Deputy principals of primary schools, secondary schools, high schools, and multi-level general education schools teach four periods;

c) Primary school teachers teach twenty-three periods, middle school teachers teach nineteen periods, and high school teachers teach seventeen periods;

d) Class advisors in primary schools are reduced three periods per week, while those in middle and high schools are reduced four periods per week.

7. Administrative staff in public general education institutions, in addition to performing their duties according to their positions, also take on additional tasks of the school. II. STAFFING NORMS FOR CIVIL SERVANTS AT GENERAL EDUCATION INSTITUTIONS

a) Staffing of administrative officers: Each school has one principal and a specific number of deputy principals as follows: A Category I school may have up to two deputy principals. Category II and III schools have one deputy principal. Primary schools with five or more branch schools may have an additional deputy principal.

1. Primary Schools

b) Staffing of teachers: For primary schools operating one session per day, staffing is not more than 1.20 teachers per class; For primary schools operating two sessions per day, staffing is not more than 1.50 teachers per class; Each school is allocated one teacher position for the General Leader of the Ho Chi Minh Youth Union. For female teachers of childbearing age (who have not given birth to one or two children), maternity leave time is counted towards the school's salary fund (if there is a shortage) to pay the substitute teacher.

c) Staffing of civil servants engaged in library, equipment, and office work: Library and equipment work: A Category I school is allocated two positions; Category II and III schools are allocated one position. Office work (Secretary, Treasurer, Accountant, School Health): A Category I school is allocated three positions: one Secretary and Treasurer, one Accountant, and one School Health; Category II and III schools are allocated two positions: one Accountant and Secretary, one School Health and Treasurer.

2. Middle Schools

Secondary School

a) Staff quota for management officials: Each school shall have one principal and a number of deputy principals specified as follows: A first-tier school shall have no more than two deputy principals; second-tier and third-tier schools shall have one deputy principal.

b) Staff quota for teachers: Each class shall be allocated a staff quota of not more than 1.90 teachers; each school shall be allocated one teacher staff quota to serve as the overall leader of the Ho Chi Minh Communist Youth Union.

c) Staff quota for civil servants engaged in library work, equipment, laboratory work, and office duties: Library work: Each school shall be allocated one staff quota; Equipment and laboratory work: A first-tier school shall be allocated two staff quotas; second-tier and third-tier schools shall be allocated one staff quota; Office work (secretary, treasurer, accountant, school health): Each school shall be allocated three staff quotas: one secretary and treasurer, one accountant, and one school health worker; schools with forty classes or more shall be allocated an additional one staff quota.

3. Secondary general education schools

a) Staff quota for management officials: Each school shall have one principal and a number of deputy principals specified as follows: A first-tier school shall have no more than three deputy principals; a second-tier school shall have no more than two deputy principals; a third-tier school shall have one deputy principal.

b) Staff quota for teachers: Each class shall be allocated a staff quota of not more than 2.25 teachers; Teachers engaged in the work of the Ho Chi Minh Communist Youth League (Secretary, Deputy Secretary, or Youth Assistant, League Advisor) shall enjoy benefits and policies as stipulated in Decision No. 61/2005/QĐ-TTg dated March 24, 2005.

c) Staff quota for civil servants engaged in library work, equipment, laboratory work, and office duties: Library work: Each school shall be allocated one staff quota; Equipment and laboratory work: A first-tier school shall be allocated two staff quotas, second-tier and third-tier schools shall be allocated one staff quota. Office work (secretary, treasurer, accountant, school health): Each school shall be allocated three staff quotas: one secretary and treasurer, one accountant, and one school health worker; schools with forty classes or more shall be allocated an additional one staff quota.

III. IMPLEMENTATION

1. Based on the guidelines for staffing quotas for civil servants at public general education institutions set out in this Circular and the provisions in Circular No. 89/2003/TT-BNV dated December 24, 2003 of the Ministry of Home Affairs guiding the implementation of administrative and public service staffing management decentralization, the People's Committees of provinces and centrally-administered cities shall direct the directors of provincial departments of education and training, home affairs, and finance to develop local public service staffing plans, which shall be submitted to the respective People's Councils for decision.

2. The People's Committees of provinces and centrally-administered cities shall be responsible for directing, guiding, and inspecting subordinate public service units to implement legal regulations on staffing management mechanisms, recruitment, employment, and management of officials and civil servants in state public service units, rights to self-management and responsibility for fulfilling tasks, staffing, and finances for public service units, and annually report on the implementation of public service staffing as required by law.

3. The funds to implement the staffing standard system prescribed in this Circular shall come from local budgets according to the regulations on budget management decentralization.

4. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations and guidelines that conflict with this Circular shall be abolished.

5. In the course of implementation, if any issues arise or difficulties occur, they should be reported to the Ministry of Education and Training and the Ministry of Home Affairs for consideration and resolution.