This Decree details the policies for vocational teachers and teachers training disabled and handicapped persons. It applies to public, private, and foreign-invested vocational training institutions, as well as specialized vocational classes for disabled and handicapped persons. The Decree specifies the levels of hazardous, toxic, dangerous allowances and special allowances for vocational teachers.
Đối tượng áp dụng
Teachers teaching at public, private, and foreign-invested vocational training institutions; teachers training disabled and handicapped persons in vocational training institutions and specialized vocational classes for disabled and handicapped persons.
Các điểm cốt lõi
- Teachers teaching at vocational college, vocational secondary school, vocational training center... are entitled to professional development policies, vocational allowance, and salary according to the provisions of the Education Law 2005.
- Practical teachers working in practical rooms, workshops, or enterprises may receive hazardous, toxic, dangerous allowances ranging from 10% to 40%, depending on occupational factors.
- Full-time teachers and those involved in training disabled and handicapped persons in vocational training institutions are entitled to special allowances of 70% of their current salary, along with leadership position allowances and excess tenure allowances (if applicable).
- Practical teachers teaching in integrated classes for disabled and handicapped persons receive special allowances ranging from 35% to 65%, depending on the number of disabled and handicapped students.
- Hazardous, toxic, dangerous allowances and special allowances are paid together with monthly salaries, not used for social insurance contributions or benefits.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Reducing the economic burden on vocational teachers, encouraging them to continue their work.
- Negative impact: Increased costs for vocational training institutions, which may affect training quality if not managed properly.
❓ Câu hỏi thường gặp
What policies do teachers at vocational colleges enjoy?
According to this Decree, teachers at vocational colleges can receive professional development policies, vocational allowance, and salary according to the provisions of the Education Law 2005.
What allowances do practical teachers working in dangerous environments receive?
Practical teachers working in practical rooms, workshops, or enterprises may receive hazardous, toxic, dangerous allowances ranging from 10% to 40%, depending on occupational factors.
How much do full-time teachers training disabled and handicapped persons receive?
Full-time teachers training disabled and handicapped persons in vocational training institutions and specialized vocational classes for them receive a special allowance of 70% of their current salary, along with leadership position allowances and excess tenure allowances (if applicable).
How much do practical teachers teaching in integrated classes for disabled and handicapped persons receive?
Practical teachers teaching in integrated classes for disabled and handicapped persons receive special allowances ranging from 35% to 65%, depending on the number of disabled and handicapped students.
When are hazardous, toxic, dangerous allowances paid?
These allowances are calculated based on actual hours of practical teaching and are paid together with monthly salaries, not used for social insurance contributions or benefits.
Toàn văn
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THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 43/2008/NĐ-CP |
Hanoi, April 8, 2008 |
DECREE
Detailed regulations and guidance for implementing Article 62 and Article 72 of the Vocational Training Law
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Vocational Training Law dated November 29, 2006;
At the proposal of the Minister of Labor, Invalids and Social Affairs,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree provides detailed regulations and guidance for implementing Article 62 and Article 72 of the Vocational Training Law regarding policies for vocational teachers and policies for vocational teachers teaching persons with disabilities.
Article 2. Applicability
This Decree applies to:
1. Teachers teaching in vocational colleges, vocational secondary schools, vocational training centers, enterprises, cooperatives, production and business establishments, service providers, universities, colleges, secondary specialized schools, and other educational institutions registered to conduct vocational training (hereinafter referred to collectively as vocational training institutions), whether public, private, or foreign-invested.
2. Teachers teaching vocational skills to persons with disabilities in vocational training institutions and specialized classes for persons with disabilities.
A vocational training institution or class for persons with disabilities is a vocational training institution or class where at least 70% of the students are persons with disabilities.
3. Teachers teaching vocational skills in integrated classes for persons with disabilities in vocational training institutions.
An integrated class for persons with disabilities is a class where between 5% and less than 70% of the students are persons with disabilities.
The funds for the allowances prescribed in this Decree shall be provided from the state budget and legitimate sources according to current regulations of public vocational education institutions.
1. The source of funds for paying allowances for arduous, toxic, dangerous work and special allowances for teachers working in public vocational training institutions shall be sourced from state budget funds and income from the institution's activities according to Decree No. 43/2006/NĐ-CP dated April 25, 2006 on the autonomy and responsibility of public non-profit organizations in performing tasks, organizational structure, staffing, and finance, and other relevant laws.
2. The source of funds for paying allowances for arduous, toxic, dangerous work and special allowances for teachers working in private vocational training institutions and those with foreign investment shall be sourced from income from the institution's activities and state budget funds (if applicable) according to Decree No. 53/2006/NĐ-CP dated May 25, 2006 on policies to encourage the development of non-public service supply institutions, and other relevant laws.
Chapter II
POLICIES FOR VOCATIONAL TEACHERS
Article 4. Policies for professional development, salary, and policies for vocational teachers teaching at specialized schools and in areas with particularly difficult socio-economic conditions
1. Vocational teachers shall enjoy policies for professional development, salary as stipulated in Articles 80 and 81 of the Education Law 2005.
2. Vocational teachers teaching at specialized schools and in areas with particularly difficult socio-economic conditions shall enjoy preferential allowances as stipulated in Article 82 of the Education Law 2005.
Article 5. Conditions for receiving arduous, toxic, dangerous work allowances
Vocational teachers (including probationary and trial period teachers) shall receive arduous, toxic, dangerous work allowances in the following cases:
1. Teaching practical subjects in vocational training institutions' practice rooms or workshops involving one of the following arduous, toxic, dangerous factors:
a. Direct contact with toxic substances, toxic gases, toxic dust, teaching in environments prone to infection and transmission of infectious diseases as prescribed;
b. Teaching in environments subject to high pressure or low oxygen levels, places that are excessively hot or cold beyond permissible standards;
c. Teaching jobs producing loud noise or located in areas with continuous high-frequency vibrations exceeding safety and hygiene standards;
d. Teaching in environments with radiation, radiation rays, or electromagnetic fields exceeding permissible standards.
2. Teaching practical subjects in enterprises, production, business, and service establishments involving occupations listed in the Catalogue of Arduous, Toxic, Dangerous, and Particularly Arduous, Toxic, Dangerous Occupations issued by the Ministry of Labor, Invalids, and Social Affairs.
Article 6. Levels of Allowance for Heavy, Hazardous, and Dangerous Work
1. Teachers teaching practical subjects in practical rooms or workshops at vocational training institutions as stipulated in Clause 1, Article 5 of this Decree shall be entitled to allowances for heavy, hazardous, and dangerous work at four levels: Level 1, Level 2, Level 3, and Level 4 compared to the general minimum wage, specifically as follows:
a. Level 1, with a factor of 0.1, applies to teachers teaching practical subjects in trades that have one of the factors of heavy, hazardous, or dangerous work as stipulated in Clause 1, Article 5 of this Decree;
b. Level 2, with a factor of 0.2, applies to teachers teaching practical subjects in trades that have two of the factors of heavy, hazardous, or dangerous work as stipulated in Clause 1, Article 5 of this Decree;
c. Level 3, with a factor of 0.3, applies to teachers teaching practical subjects in trades that have three of the factors of heavy, hazardous, or dangerous work as stipulated in Clause 1, Article 5 of this Decree;
d. Level 4, with a factor of 0.4, applies to teachers teaching practical subjects in trades that have all four factors of heavy, hazardous, or dangerous work as stipulated in Clause 1, Article 5 of this Decree.
2. Teachers teaching practical subjects in trades that are heavy, hazardous, and dangerous as stipulated in Clause 2, Article 5 of this Decree shall be entitled to allowances for heavy, hazardous, and dangerous work at levels as prescribed for direct production workers under Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government on the system of salary scales and allowance systems in state-owned companies.
Article 7. Calculation and Payment of Allowances
1. Allowances for heavy, hazardous, and dangerous work shall be calculated based on actual hours of practical teaching and paid together with monthly salaries, not used for calculating contributions or benefits under social insurance.
2. Teachers teaching practical subjects in trades with factors of heavy, hazardous, and dangerous work shall be entitled to allowances for heavy, hazardous, and dangerous work as prescribed in this Decree while still being entitled to preferential allowances as prescribed in Decision No. 244/2005/QĐ-TTg dated October 6, 2005 of the Prime Minister on preferential allowance systems for teachers directly teaching in public educational institutions.
3. Teachers teaching practical subjects in trades with factors of heavy, hazardous, and dangerous work shall be entitled to allowances for heavy, hazardous, and dangerous work at the levels prescribed in Clause 1, Article 6 of this Decree and shall not be entitled to allowances for hazardous and dangerous work at the levels prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, employees, and armed forces personnel.
Chapter III
POLICIES FOR TEACHERS TEACHING TRADES TO PERSONS WITH DISABILITIES
Article 8. Investment Policies for Training and Upgrading Teachers Teaching Trades to Persons with Disabilities
1. The State has policies to invest in physical facilities and equipment to enhance the capacity of training institutions to train teachers teaching trades to persons with disabilities.
2. The State will invest in building training programs and textbooks to upgrade the professional skills, techniques, and teaching methods of teachers teaching trades to persons with disabilities.
Article 9. Recipients and Conditions for Special Allowances
1. Full-time teachers teaching trades to persons with disabilities include:
a. Full-time teachers teaching trades in specialized vocational training institutions for persons with disabilities;
b. Full-time teachers teaching trades in specialized classes for persons with disabilities;
c. Full-time teachers teaching trades in integrated classes for persons with disabilities.
2. Teachers participating in teaching trades to persons with disabilities include:
a. Teachers participating in teaching trades in specialized vocational training institutions and classes for persons with disabilities;
b. Teachers participating in teaching trades in integrated classes for persons with disabilities within vocational training institutions.
Article 10. Special Allowance Rate
1. Teachers specializing in vocational training for persons with disabilities as stipulated in points a and b, Clause 1, Article 9 of this Decree shall be entitled to a special allowance rate of 70% of their current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable).
2. Teachers participating in vocational training for persons with disabilities as stipulated in point a, Clause 2, Article 9 of this Decree shall be entitled to a special allowance rate of 70% of their current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable). The special allowance rate shall be calculated based on actual teaching hours.
3. Teachers specializing in inclusive vocational training for persons with disabilities as stipulated in point c, Clause 1, Article 9 of this Decree shall be entitled to a special allowance for vocational training for persons with disabilities at the following rates:
a. 35% of the current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable), applicable to classes with from 5% to less than 10% of students being persons with disabilities;
b. 40% of the current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable), applicable to classes with from 10% to less than 20% of students being persons with disabilities;
c. 45% of the current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable), applicable to classes with from 20% to less than 30% of students being persons with disabilities;
d. 50% of the current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable), applicable to classes with from 30% to less than 40% of students being persons with disabilities;
đ. 55% of the current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable), applicable to classes with from 40% to less than 50% of students being persons with disabilities;
e. 60% of the current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable), applicable to classes with from 50% to less than 60% of students being persons with disabilities;
g. 65% of the current salary and leadership position allowance, and seniority allowance exceeding the ceiling (if applicable), applicable to classes with from 60% to less than 70% of students being persons with disabilities.
4. Teachers participating in vocational training for persons with disabilities as stipulated in point b, Clause 2, Article 9 of this Decree shall be entitled to the special allowance rates specified in Clause 3 of this Article, calculated based on actual teaching hours.
Article 11. Calculation and Payment of Special Allowances
1. Teachers engaged in vocational training for persons with disabilities who are entitled to special allowances as stipulated in Clause 3 of Article 10 of this Decree shall not be entitled to preferential allowances as prescribed in Decision No. 244/2005/QD-TTg dated October 6, 2005, of the Government Chairman regarding preferential allowances for teachers directly teaching in public educational institutions.
2. Teachers participating in vocational training for persons with disabilities in integrated vocational training classes as stipulated in point b, Clause 2, Article 9 of this Decree, the actual teaching hours eligible for special allowances as stipulated in Clause 4 of Article 10 of this Decree shall not be counted towards preferential allowances under Decision No. 244/2005/QD-TTg dated October 6, 2005, of the Government Chairman regarding preferential allowances for teachers directly teaching in public educational institutions.
3. Teachers providing practical vocational training for persons with disabilities in occupations involving heavy, hazardous, and dangerous factors, in addition to the special allowances as prescribed in Articles 9, 10, and Clauses 1 and 2 of this Article, shall also be entitled to allowances for heavy, hazardous, and dangerous work as prescribed in Chapter II of this Decree.
4. Special allowances shall be paid concurrently with monthly salaries and shall not be used to calculate contributions or benefits under social insurance regulations.
Chapter IV
IMPLEMENTING PROVISIONS
Article 12. Effective Date
This Decree shall take effect fifteen days after its publication in the Official Gazette.
Article 13. Responsibility for Implementation
1. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Health to provide detailed guidance on occupations involving heavy, hazardous, and dangerous factors as stipulated in Clause 1 of Article 5 of this Decree.
2. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Finance to provide detailed guidance on the calculation and entitlement to special allowances as prescribed in Chapter III of this Decree.
3. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities, and relevant agencies shall be responsible for implementing this Decree./.
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Place of Receipt: |
PRIME MINISTER |
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