Circular No. 48/2011/TT-BGDĐT stipulates working conditions for kindergarten teachers

CIRCULAR

Regulations on Working Conditions for Kindergarten Teachers

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Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and Ministerial-level agencies;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to 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; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending Decree No. 75/2006/NĐ-CP detailing and guiding the implementation of certain provisions of the Education Law;

Pursuant to Decree No. 115/2010/NĐ-CP dated December 24, 2010 of the Government stipulating responsibilities for state management of education;

Pursuant to Decision No. 188/1999/QĐ-TTg dated September 17, 1999 of the Prime Minister on the 40-hour workweek system;

Based on the agreement in Document No. 3199/BNV-TCBC dated August 29, 2011 of the Ministry of Home Affairs regarding the draft Circular on working conditions for kindergarten teachers;

At the proposal of the Director of the Teacher and School Management Officer Department,

The Minister of Education and Training hereby stipulates the working conditions for kindergarten teachers as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the working conditions for kindergarten teachers, including: working hours, annual leave, regulations on teaching hours, reduction in teaching hours, and conversion of certain professional activities into teaching hours.

2. This Circular applies to teachers directly engaged in teaching, management staff at kindergartens, nursery schools, childcare centers, and independent preschool classes within the national education system.

Article 2. Purpose

1. To serve as a basis for kindergarten teachers to develop teaching plans, child care and education plans, and plans for their own study and professional development.

2. To serve as a basis for the heads of early childhood educational institutions to assign, arrange, utilize, enhance management effectiveness, and improve labor quality and efficiency for teachers.

3. To serve as a basis for the heads of early childhood educational institutions to evaluate and classify teachers annually, ensuring transparency, fairness, and democracy in the implementation of policies, rights, and obligations of teachers.

4. To assist educational management agencies in having grounds to inspect, assess, and build policies, programs, and teacher training for kindergarten teachers.

Article 3. Working Hours and Annual Leave for Teachers

1. The working period in a year for kindergarten teachers is 42 weeks, including:

a) 35 weeks for nurturing, caring for, and educating children (hereinafter referred to as teaching children);

b) 04 weeks for studying and professional development;

c) 02 weeks for preparing for the new school year;

d) 01 week for summarizing the school year.

2. The annual leave for kindergarten teachers includes summer vacation and other holidays, specifically as follows:

a) The summer vacation for teachers is 08 weeks, during which they receive full salary and allowances (if applicable);

b) Other holidays are implemented according to the Labor Code and current regulations.

Based on the school year plan, scale, characteristics, and specific conditions of each school, the Principal shall reasonably arrange annual leave for teachers in accordance with the regulations.

Article 4. Teaching Hours for Teachers

1. For teachers teaching groups or classes that attend school for two sessions per day, each teacher must teach for a total of 6 hours per day on class and perform preparatory work for class teaching and other tasks as specified by the Principal to ensure a weekly workload of 40 hours.

2. For teachers teaching groups or classes that attend school for one session per day, each teacher must teach for a total of 04 hours per day on class and perform preparatory work for class teaching and other tasks as specified by the Principal to ensure a weekly workload of 40 hours.

3. For teachers teaching classes with integrated disabled children, each teacher must teach the number of hours as stipulated in Clause 1 or Clause 2 of this Article; for every 01 disabled child/class, each teacher is credited with an additional 0.5 teaching hours per day.

4. For Principals and Deputy Principals, in addition to performing duties as prescribed in the Kindergarten Charter, the Principal must directly participate in educational activities (teaching children or observing teachers' lessons) for 02 hours per week; Deputy Principals must directly participate in educational activities for 04 hours per week.

Article 5. Reduction in teaching hours and conversion of certain other professional activities into teaching hours

1. Reduction in teaching hours for teachers concurrently holding positions

a. Teachers concurrently holding the position of secretary of the school party branch, chairman of the school education trade union, chairman of the School Council, secretary of the School Council, secretary of the Youth Union shall be reduced by two teaching hours per week;

b. Teachers concurrently holding the position of head of the People's Internal Control Committee shall be reduced by two teaching hours per week;

c. Teachers concurrently holding the position of head of a subject department shall be reduced by three teaching hours per week;

d. Each teacher shall not concurrently hold more than two positions and shall enjoy the reduction in teaching hours at the highest position held.

2. Reduction in teaching hours for female teachers: female teachers with children under twelve months old shall be reduced by five teaching hours per week.

3. Conversion of certain other professional activities into teaching hours

In addition to their main teaching duties in class, teachers must also perform other professional activities and other tasks assigned by the Principal. The conversion of these activities into teaching hours to calculate the number of teaching hours for each teacher shall be carried out as follows:

a) For teachers mobilized as inspection collaborators, one working session shall be counted as four teaching hours;

b) For teachers mobilized to participate in guidance, training, and professional development activities organized by the Department of Education and Training or the Provincial Department of Education and Training, one practical teaching period shall be counted as one teaching hour.

The People's Committees of provinces and centrally governed cities shall direct the Departments of Education and Training, Finance, Home Affairs, relevant agencies, and district-level People's Committees, within their respective authorities, to organize and inspect the implementation of the working regime for kindergarten teachers as stipulated in this Circular.

The Departments of Education and Training and the Departments of Education and Training at the provincial level shall be responsible for directing the implementation, inspecting, and supervising the implementation of the working regime for kindergarten teachers as stipulated in this Circular.

Article 8. Responsibilities of the Principals of Kindergartens

The Principals of Kindergartens shall be responsible for organizing the implementation of the working regime, related policies, and creating conditions for teachers to implement the working regime as stipulated in this Circular.

Article 9. Effective Date

This Circular takes effect from December 9, 2011. Previous regulations on the working regime for kindergarten teachers that conflict with this Circular are hereby abolished.

                                                                                             DECISION MAKER
                                                                                             VICE MINISTER
                                                                                             (signed)

                                                                                             Nguyen Thi Nghia