JOINT CIRCULAR No. 50/2008/TTLT-BGDĐT-BNV-BTC guiding the implementation of the overtime teaching salary system for teachers in public educational institutions. This document stipulates the subjects, application conditions, bases, principles, calculation methods, and funding sources for overtime teaching salaries.
Đối tượng áp dụng
Teachers (including those on probation or under contract) who are on the payroll of public educational institutions and directly engaged in teaching; management staff on the payroll performing teaching duties according to the prescribed number of hours.
Các điểm cốt lõi
- Teachers and management staff on the payroll and teaching the standard number of hours shall be entitled to overtime teaching salaries upon being classified and paid according to Decree No. 204/2004/NĐ-CP.
- Overtime teaching salaries are calculated based on the actual number of hours worked compared to the standard number of hours, with the hourly wage rate determined according to each level of education.
- Public educational institutions funded from the state budget or self-managed have the funds to pay overtime teaching salaries.
- For teachers working in educational institutions with multiple levels of education, the standard number of hours is calculated based on the highest level of education they directly teach.
- The maximum number of overtime teaching hours is 200 standard hours/year.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Ensuring benefits for teachers, encouraging dedication and teaching quality.
- Negative impact: May cause work pressure on teachers, especially in educational institutions with multiple levels of education.
❓ Câu hỏi thường gặp
Which teachers are eligible for overtime teaching salaries?
Teachers on the payroll directly engaged in teaching at public educational institutions and classified and paid according to Decree No. 204/2004/NĐ-CP are eligible for overtime teaching salaries.
How is the overtime teaching salary calculated?
Overtime teaching salary is calculated based on the formula: Number of overtime hours = Actual number of hours worked - Standard number of hours. The hourly wage rate is determined according to each level of education.
Which educational institutions can independently manage their funding for paying overtime teaching salaries?
Public educational institutions that have been granted autonomy and are responsible for implementing tasks, organizational structures, staffing, and finances.
What is the maximum number of overtime teaching hours?
The maximum number of overtime teaching hours is 200 standard hours/year.
Can non-public educational institutions apply this Circular to pay overtime teaching salaries to teachers?
Yes, non-public educational institutions may apply this Circular to pay overtime teaching salaries from legitimate revenue of the institution.
Toàn văn
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MINISTRY OF EDUCATION AND TRAINING - MINISTRY OF HOME AFFAIRS - MINISTRY OF FINANCE ---------------- Number: 50/2008/TTLT- MOET-MHA-MOF |
SOCIALIST REPUBLIC OF VIETNAM
Hanoi, September 9, 2008 |
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JOINT CIRCULAR
Guidelines for Implementing the System of Overtime Pay for Teachers in Public Educational Institutions
for teachers in public educational institutions
-----------------------
Pursuant to Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and members of the armed forces;
To implement the Prime Minister's directive in Official Letter No. 1093/VPCP-VX dated February 22, 2008 regarding the issuance of Circulars guiding the implementation of the overtime pay system for teachers in public educational institutions; "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."The Ministry of Education and Training, the Ministry of Home Affairs, and the Ministry of Finance hereby provide guidelines for implementing the system of overtime pay for teachers in public educational institutions as follows:
I. OBJECTS, SCOPE, AND CONDITIONS FOR APPLICATION
I. OBJECTS, SCOPE AND CONDITIONS OF APPLICATION
1. Objects and Scope of Application
a) Teachers (including those in probationary periods or under contracts) within the payroll system who are directly teaching in public educational institutions within the national education system and schools, centers, academies under state agencies, political organizations, and political-social organizations (hereinafter referred to as public educational institutions) funded by the state (including funds from the state budget and other sources of operating income as prescribed by law);
b) Teachers (including those in probationary periods or under contracts) within the payroll system of public educational institutions performing duties as team leaders and practical guidance at workshops, stations, camps, and laboratories;
c) Management staff within the payroll system of public educational institutions who directly teach the required number of hours as stipulated by the competent authority.
2. Conditions for Application
The objects specified in Clause 1 of this Section must meet the following conditions to be eligible for overtime pay:
a) They have been assigned salaries according to Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and members of the armed forces into the ranks of education and training personnel (ranks with the first two digits of the rank code being 15). Notably, the objects specified in Points b and c of Clause 1 of this Section do not necessarily need to be assigned to ranks within the education and training sector;
b) They must complete the standard number of hours and other job tasks as prescribed in the working regulations for teachers stipulated in the following documents:
- Joint Circular No. 71/2007/TTLT-BGDĐT-BNV dated November 28, 2007 of the Ministry of Education and Training and the Ministry of Home Affairs guiding the staffing norms for public preschool educational institutions;
- Decision No. 49/TT dated November 29, 1979 of the Ministry of Education (now the Ministry of Education and Training) on the working regulations for primary and secondary school teachers and Joint Circular No. 35/2006/TTLT-BGDĐT-BNV dated August 23, 2006 of the Ministry of Education and Training and the Ministry of Home Affairs guiding the staffing norms for public general education institutions;
- Decision No. 18/2007/QĐ-BGDĐT dated May 24, 2007 of the Minister of Education and Training promulgating the working regulations for teachers teaching at vocational colleges;
- Circular No. 02/2002/TT-BLĐTBXH dated January 4, 2002 of the Ministry of Labor, Invalids, and Social Affairs guiding the working regulations for teachers at vocational schools;
- Decision No. 1712/QĐ-BĐH dated December 18, 1978 of the Minister of Higher Education and Secondary Specialized Schools (now the Minister of Education and Training) on the working regulations for university lecturers.
When these documents are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced provisions.
II. BASIS, PRINCIPLES, CALCULATION METHODS, AND FUNDS
1. Basis and Principles
a) Basis
- The monthly salary serving as the basis for calculating overtime pay for teachers includes the current grade salary, salary allowances, and retention coefficient (if applicable);
- The standard number of hours serving as the basis for calculating overtime pay is based on the working regulations for teachers as stipulated in Point b, Clause 2, Section I of this Circular.
Time not directly involved in teaching but counted towards completing the standard number of teaching hours includes sick leave and maternity leave as prescribed in the Law on Social Insurance.
- For teachers working in educational institutions with multiple levels, the standard number of hours is calculated based on the highest level's standard number of hours that the teacher is directly involved in teaching as assigned by the institution's head.
b) Principles
- For preschool educational institutions, overtime pay is calculated monthly;
- For general education institutions, continuing education institutions, higher education institutions, and vocational education institutions, temporary advance payments of overtime pay can be made monthly or per semester depending on each unit's specific conditions, and final settlement is conducted at the end of the fiscal year;
- Overtime pay is only paid in units or departments lacking teachers according to staffing norms. Units or departments not lacking teachers according to staffing norms can only receive overtime pay when there is a teacher on sick leave or maternity leave and another teacher is assigned to substitute;
- The number of additional teaching hours for which overtime pay is calculated according to this Circular shall not exceed 200 standard hours per year.
2. Calculation Method for Overtime Pay
a. General Formula
|
Number of Additional Teaching Hours Standard Number of Hours |
= |
Standard Number of Hours a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters. |
- |
Normative Standard Number of Hours Actual Number of Teaching Hours Converted According to Standard Hours |
|---|---|---|---|---|
|
Number of Additional Teaching Hours sets the a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters. |
= |
Actual Number of Other Work Hours Converted According to Standard Hours (if any) Overtime Pay Per Additional Hour |
+ |
Per Hour of Teaching |
|
b. Calculation Formula for Each Level - For Preschool Educational Institutions: |
= |
Number of Additional Teaching Hours Standard Number of Hours |
x |
b. Calculation Formula for Each Level Monthly Salary |
|---|
|
b. Calculation Formula for Each Level Monthly Salary |
= |
b. Calculation Formula for Each Level 22 (working days) x 8 (hours) |
x |
150% |
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- For General Education Institutions and Continuing Education Institutions:
Total Annual Salary for 12 Months
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b. Calculation Formula for Each Level 22 (working days) x 8 (hours) |
= |
Weekly Standard Number of Hours x 52 (weeks)/year |
|
|---|---|---|---|
|
- For Vocational Education Institutions: |
- For general education institutions and regular education institutions:
|
b. Calculation Formula for Each Level 22 (working days) x 8 (hours) |
= |
The total salary of twelve months in the fiscal year |
|---|---|---|
|
The standard number of hours per week x 52 (weeks)/year |
- For vocational education institutions:
Pursuant to Circular No. 02/2002/TT-BLDTBXH dated January 4, 2002 of the Ministry of Labor, Invalids and Social Affairs guiding the working regime of vocational school teachers and Decision No. 18/2007/QD-BGDĐT dated May 24, 2007 of the Minister of Education and Training promulgating regulations on the working regime of teachers teaching at vocational colleges, the working time for teachers teaching at vocational education institutions is 44 weeks/year, from which the formula for calculating hourly pay is:
|
b. Calculation Formula for Each Level 22 (working days) x 8 (hours) |
= |
Total annual salary for 12 months within the fiscal year |
44 weeks x 52 weeks |
|---|---|---|---|
|
Number of standard hours in a year |
- For higher education institutions:
Pursuant to Decision No. 1712/QĐ-BĐH dated December 18, 1978 of the Minister of Higher Education and Secondary Specialized Education (now the Minister of Education and Training), the working time for university lecturers is 46 weeks/year, from which the formula for calculating hourly pay is:
|
Hourly pay |
= |
Total annual salary for 12 months within the fiscal year |
46 weeks x 52 weeks |
|---|---|---|---|
|
Number of standard hours in a year |
3. For the subjects specified in point c, Clause 1, Section I of this Circular, payment for overtime work (including additional teaching pay) shall be implemented according to Joint Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005 of the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of the system of payment for night work and overtime work for civil servants, public officials, and employees.
4. Source of funds
a) Public educational institutions whose regular operational expenses are fully guaranteed by the state budget, the source of funds for paying additional teaching pay is guaranteed by the state budget according to the current decentralization level, within the annual state budget allocation;
b) Public educational institutions that have been granted autonomy and responsibility for implementing tasks, organizational structure, staffing, and finance, the source of funds for paying additional teaching pay comes from legitimate income sources of those public educational institutions within the scope of their autonomous financial resources.
III. IMPLEMENTATION
1. This Circular takes effect 15 days after its publication in the Official Gazette.
2. Heads of public educational institutions shall arrange teachers to teach in accordance with the guidelines of this Circular and other relevant documents, ensuring sufficient staffing levels as prescribed, and minimizing the arrangement of teachers for additional hours.
3. Non-public educational institutions may apply this Circular to pay additional teaching pay to teachers from legitimate income sources of their units.
4. In the course of implementation, if there are difficulties or obstacles, ministries, sectors, and localities shall report to the Ministry of Education and Training for coordination with the Ministry of Home Affairs and the Ministry of Finance to study and resolve them./.
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DEPUTY MINISTER MINISTRY OF FINANCE DEPUTY MINISTER (signed) Do Hoang Anh Tuan |
DEPUTY MINISTER MINISTRY OF HOME AFFAIRS DEPUTY MINISTER (signed) Nguyen Duy Thang |
DEPUTY MINISTER MINISTRY OF EDUCATION AND TRAINING DEPUTY MINISTER (signed) (Circular No. 32 |
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Place of Receipt: - Ministries, agencies equivalent to ministries, and government agencies; - Office of the Central Steering Committee for Anti-Corruption; - Provincial People's Councils and People's Committees under central jurisdiction; - Central Party Office and Party Committees; - President's Office; - National Assembly's Office; ||| - National Ethnic Council and Committees of the National Assembly; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Agency; - National Front for the Fatherland of Vietnam; - Central Agencies of Mass Organizations; - Departments of Education and Training, Departments of Home Affairs, Departments of Finance, State Treasury Bureaus of provinces and centrally-administered cities; - Official Gazette; - Government Electronic Information Portal; - Department of Legal Regulatory Compliance (Ministry of Justice); - Schools and units under the Ministry; - Ministry of Education and Training website; - To be filed: Ministry of Education and Training (Office, Civil Service Department), Ministry of Home Affairs (Office, Salary Department), Ministry of Finance (Office, Budget Control Department). |
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