Consolidated Document number 5160/VBHN-BLDTBXH Circular stipulates the working conditions for vocational education teachers

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 5160/VBHN-BLDTBX	Hanoi, December 2, 2019

 

CIRCULAR

REGULATIONS ON THE WORKING REGIME OF VOCATIONAL EDUCATION TEACHERS

Circular No. 07/2017/TT-BLDTBX dated March 10, 2017 of the Minister of Labor - Invalids and Social Affairs stipulating the working regime of vocational education teachers, which took effect from July 1, 2017, was amended and supplemented by:

Circular No. 34/2018/TT-BLDTBX dated December 26, 2018 of the Minister of Labor - Invalids and Social Affairs amending and supplementing certain articles of Circular No. 42/2015/TT-BLDTBX dated October 20, 2015 on initial vocational training, Circular No. 43/2015/TT-BLDTBX dated October 20, 2015 on regular vocational training, Circular No. 07/2017/TT-BLDTBX dated March 10, 2017 on the working regime of vocational education teachers, Circular No. 08/2017/TT-BLDTBX dated March 10, 2017 on standards for professional qualifications of vocational education teachers, Circular No. 10/2017/TT-BLDTBX dated March 13, 2017 on graduation certificates for intermediate and higher vocational education; printing, management, issuance, recovery, and cancellation of graduation certificates for intermediate and higher vocational education, and Circular No. 31/2017/TT-BLDTBX dated December 28, 2017 on higher, intermediate, and initial vocational education through combined work-study programs (hereinafter referred to as Circular No. 34/2018/TT-BLDTBX), taking effect from February 8, 2019.

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Vocational Education Law dated November 27, 2014;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

Pursuant to Decree No. 48/2015/ND-CP dated May 15, 2015 of the Government detailing certain provisions of the Vocational Education Law;

At the proposal of the Director General of the General Department of Vocational Education;

The Minister of Labor - Invalids and Social Affairs issues this Circular stipulating the working regime of vocational education teachers[1].

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the working regime of teachers teaching at colleges, secondary vocational schools, vocational education centers, and public, private, and foreign-invested higher education institutions registered for vocational education activities (hereinafter collectively referred to as vocational education activity institutions).

2.[2] This Circular applies to teachers, civil servants, and managerial staff participating in teaching at the college, secondary, and initial vocational levels in vocational education activity institutions; relevant agencies, organizations, and individuals. For teachers teaching cultural subjects in vocational education activity institutions, the working regime shall be applied according to the regulations of the Ministry of Education and Training regarding the working regime for general education teachers.

3. This Circular does not apply to teacher training colleges and teachers teaching teacher training programs under the management of the Ministry of Education and Training.

Article 2. Standard hours, teaching time, lecture hour quota, class size

1. A standard hour is a unit of time converted from the necessary labor hours before, during, and after lectures to complete teaching tasks including: preparation for teaching; conducting teaching; periodic assessment of module and subject learning outcomes.

2. Teaching time in the training plan is calculated in standard hours, including:

a) One theoretical lecture hour is 45 minutes equivalent to one standard hour;

b) One integrated lecture hour (combining both theory and practice) is 60 minutes equivalent to one standard hour;

c) One practical lecture hour is 60 minutes equivalent to one standard hour.

3. The lecture hour quota is determined as the number of standard hours that each teacher must teach, specified annually.

4. Class size: Theoretical classes should not exceed 35 students, pupils, or students. Practical and integrated classes should not exceed 18 students, pupils, or students for ordinary trades; not more than 10 students, pupils, or students for heavy, hazardous, or dangerous trades as listed by the Ministry of Labor - Invalids and Social Affairs. The principal or director of vocational education activity institutions decides the specific number of students, pupils, or students in each class, ensuring suitability with the characteristics of each trade.

Chapter II

TASKS AND WORKING REGIME OF COLLEGE AND SECONDARY VOCATIONAL EDUCATION TEACHERS

Article 3. Tasks

1. Teaching work, including:

a) Lesson preparation: Drafting lesson plans, outlining lectures, preparing materials and equipment for module and subject teaching assignments;

b) Teaching assigned modules and subjects according to the schedule and program regulations;

c) Evaluating student learning outcomes, including: Preparing examination questions, supervising examinations, and evaluating periodic examinations.

2. Conducting exams, assessing module and subject completion; grading admission tests; grading graduation tests; guiding and evaluating final projects and graduation theses; evaluating research results of students.

3. Completing class management forms and records as assigned and scheduled.

4. Guiding students in final projects and graduation theses (if applicable); guiding internships and combined work-study programs; preparing students for advanced level examinations.

5. Compiling textbooks and teaching materials; providing comments on the development of programs and module contents for assigned teaching subjects.

6. Participating in designing and building specialized classrooms; designing, improving, and making educational tools and equipment for vocational training.

7. Organizing educational activities and training students.

8. Engaging in standardization training, advanced training; practicing at enterprises or specialized agencies; observing and exchanging teaching experiences.

9. Participating in teacher training as required by the school, department, or faculty's professional development needs.

10. Conducting scientific research; guiding students in scientific research; applying scientific and technological advancements or technical improvements to teaching and production practices.

11. Participating in professional meetings and management training activities.

12. Performing other tasks as required by the principal or director of the vocational education activity institution.

Article 4. Working hours and annual leave time

1. The working hours for teachers teaching at college and vocational levels are 44 weeks/year under a 40-hour workweek system, including:

a) Teaching and educating students: 32 weeks for teachers teaching at the college level; 36 weeks for teachers teaching at the vocational level;

b) Training, standardization improvement, advanced improvement, scientific research: 08 weeks for teachers teaching at college level; 04 weeks for teachers teaching at intermediate level;

c) Internship at enterprises or specialized agencies: 4 weeks for teachers teaching at both the college and vocational levels;

d)[3] In cases where teachers do not fully utilize the time allocated for training, standardization improvement, advanced improvement, and scientific research as stipulated, the Principal or Director shall convert the remaining time into teaching duties or other tasks assigned by the Principal or Director. The converted hours will be added to the teacher's annual teaching hour quota. The number of converted hours will be calculated based on the ratio between the unused training, standardization improvement, advanced improvement, and scientific research time and the actual teaching and educational work time for students stipulated in point a of this clause. If teachers participate in training courses, standardization improvement, and advanced improvement exceeding the provisions in point b of this clause, they will have their hours reduced according to the provisions in point a of Clause 4, Article 10 of this Circular.

2. Annual leave time for teachers is 08 weeks, for management officials who also teach as specified in Clause 5, Article 5 of this Circular is 06 weeks, including summer break, Tet holiday, and holidays, wherein:

a) Summer break replaces annual leave, with full salary and allowances (if applicable);

b) Other leave benefits are implemented in accordance with current laws;

c) Based on the school year plan and specific conditions of each vocational education institution, the Principal or Director arranges for teachers to take leave at appropriate times.

Article 5. Teaching Hour Quota

1. Teaching hour quota for teachers in one school year: From 380 to 450 standard hours for teachers teaching at college level; from 430 to 510 standard hours for teachers teaching at intermediate level.

The Principal or Director bases the determination of the teaching hour quota for each school year on the actual situation of the vocational education institution, characteristics of each module and subject, and the qualifications of the teachers.

2. The teaching hour quotas for teachers teaching general subjects in one academic year are 450 standard hours for teachers teaching at the college level; 510 standard hours for teachers teaching at the vocational level.

3.[4] The teaching hour quota for teachers teaching general cultural subjects in vocational education institutions is implemented according to the working regulations for general education teachers issued by the Ministry of Education and Training.

4. The teaching hour quota for teachers teaching multiple levels within one school year is applied according to the highest level teaching hour quota.

5. The teaching hour quota for civil servants, management officials, and specialized and professional staff members who meet the criteria to participate in teaching to understand the training content, program, and student learning process to enhance training management effectiveness is as follows:

a) Principal: 30 standard hours/year;

b) Deputy Principal: 40 standard hours/year;

c) Department Heads and equivalents: 60 standard hours/year;

d) Deputy Department Heads and equivalents: 70 standard hours/year;

e) Staff members of specialized and professional departments related to training; student management; examination and quality assurance: 80 standard hours/year.

6. The teaching hour quotas for teachers in the Teacher Training Department of vocational education institutions shall be calculated according to the teaching hour quotas for teachers teaching at the college level.

7. For other specialized and professional staff members who meet the criteria to participate in teaching, based on workload and assigned tasks, the Principal or Director of the vocational education institution may enter into teaching contracts if necessary.

Chapter III

TASKS AND WORKING REGIMES OF TEACHERS TEACHING AT THE PRIMARY LEVEL

Article 6. Duties

1. Teaching work, including:

a) Teaching preparation: Preparing lesson plans, outlining lecture outlines, preparing teaching materials and equipment for the assigned module instruction;

b) Delivering the assigned module according to the plan and program regulations;

c) Evaluate the academic performance of students including: Preparing examination questions, supervising examinations, and evaluating regular examinations.

2. Supervising examinations, conducting evaluations at the end of the module.

3. Completing management forms and registers for classes assigned according to regulations.

4. Compiling textbooks and teaching materials; providing comments on the development of the program and content of the assigned module.

5. Participating in designing and constructing specialized classrooms; designing, improving, and making educational tools and equipment.

6. Organizing educational activities and training for students.

7. Engaging in standardization training, advanced training; observing classes, exchanging teaching experiences; undergoing internships at enterprises or specialized agencies, participating in professional activities.

8. Participating in teacher training programs according to professional development requirements.

9. Participating in training management work, student management.

10. Perform other tasks as required by the Rector or Director of vocational education institutions.

Article 7. Working hours and annual leave

1. The working time for teachers teaching at the basic level is 46 weeks/year under a 40-hour workweek system, including:

a) Teaching and educating students: 42 weeks;

b) Standardization training, advanced training; observing classes, exchanging teaching experiences; participating in professional activities: 02 weeks;

c) Internship at enterprises or specialized agencies: 02 weeks;

d) In cases where teachers do not fully utilize time allocated for study, standardization training, advanced training, observing classes, exchanging teaching experiences, and participating in professional activities as prescribed, the Rector or Director of vocational education institutions shall convert the remaining time into teaching duties or other tasks assigned by the Rector or Director. The converted hours will be added to the teacher's annual teaching hour quota. The number of converted hours will be calculated based on the ratio between unused time for study, standardization training, advanced training, observing classes, and exchanging teaching experiences, and the time spent on teaching and educating students as stipulated in point a of this clause. If teachers participate in more than two weeks of training courses, they may have their teaching hours reduced according to point a of Clause 4, Article 10 of this Circular.

2. Annual leave for teachers is six weeks; for civil servants, managers, and staff members involved in teaching activities as specified in Clause 2, Article 8 of this Circular, it is five weeks, including summer break, Tet holiday, and public holidays, among which:

a) Summer break replaces annual leave, with full salary and allowances (if applicable);

b) Other leave benefits are implemented in accordance with current laws;

c) Based on the school year plan and specific conditions of each vocational education institution, the Rector or Director of vocational education institutions shall arrange for teachers to take leave at appropriate times.

Article 8. Teaching Hour Standards

1. The teaching hour quota for teachers teaching at the basic level in one school year ranges from 500 to 580 standard hours.

The Rector or Director of vocational education institutions shall determine the teaching hour quota suitable for each module, level, and teaching experience of teachers based on actual circumstances and characteristics.

2. The teaching hour quota for civil servants, managers, and staff members of departments or specialized teams who meet the criteria to participate in teaching to grasp the training content, program, and learning process of students to enhance training management effectiveness is as follows:

a) Director: 30 standard hours/year;

b) Deputy Director: 40 standard hours/year;

c) Department Head or Team Leader or equivalent: 60 standard hours/year;

d) Deputy Department Head or Team Deputy or equivalent: 70 standard hours/year;

đ) Staff members of departments or specialized teams in training, student management: 80 standard hours/year.

Chapter IV

REGIME FOR ADDITIONAL TEACHING HOURS, REDUCED TEACHING HOURS, AND CONVERSION OF OTHER PROFESSIONAL ACTIVITIES INTO STANDARD HOURS

Article 9. Additional Teaching Hours System

1. During the school year, teachers, civil servants, managers, and staff members of departments, offices, or specialized teams participating in teaching who exceed the teaching hour quota prescribed in Clauses 1, 2, 3, and 5 of Article 5 and Article 8 of this Circular shall be considered to be teaching additional hours.

2. For teachers: The number of additional teaching hours shall not exceed the limit set by current labor laws.

3. For civil servants, managers, and staff members of departments, offices, or specialized teams participating in teaching: The number of additional teaching hours shall not exceed half of the teaching hour quota prescribed in Clause 5 of Article 5 and Clause 2 of Article 8 of this Circular.

4. The method of calculating additional teaching hour pay according to current regulations.

Article 10. Reduced Teaching Hour System

1. Teachers engaged in management work:

a) Teachers responsible for class counseling or study advising: Reduced by 15% of the teaching hour standard/class;

b) Teachers responsible for specialized classrooms/workshops: A dedicated staff member reduces the teaching hour quota by 10%/classroom, workshop; without a dedicated staff member, the reduction is 15%/classroom, workshop;

c) Teachers concurrently responsible for the library: Reduced by 15% to 30% of the teaching hour quota;

d) Teachers concurrently serving as department heads or equivalent positions: Reduced by 15% to 20% of the teaching hour quota;

đ) Teachers serving as department heads, station chiefs, and equivalent positions: Reduced by 30% of the teaching hour quota; deputy department heads, deputy station chiefs, and equivalent positions are reduced by 20% of the teaching hour quota.

Based on actual conditions, the number of teachers, students, and the scale of the library, the Rector or Director decides the percentage of reduced hours for the positions specified in points c and d of this clause.

2. Teachers concurrently performing Party and mass organization work:

a) Teachers concurrently serving as Secretary of the Party Committee or Branch Secretary of vocational education institutions, Chairperson of the School Council, or Management Board: Reduced by 20% to 30% of the teaching hour quota; teachers concurrently serving as deputy positions or secretaries of the School Council or Management Board are reduced by 15% to 20% of the teaching hour quota. Depending on the scale of the vocational education institution and the number of members in each organization, after consultation with party organizations and mass organizations, the Rector or Director decides the percentage of reduced hours within the prescribed range.

b) Teachers engaged in non-specialized trade union work in vocational education institutions enjoy the reduced teaching hour quota regime as stipulated in Circular No. 08/2016/TT-BGDĐT dated March 28, 2016, issued by the Minister of Education and Training, regarding the reduced teaching hour quota for teachers and lecturers engaged in non-specialized trade union work in public educational institutions under the national education system;

c) Teachers who are members of the Communist Youth Union, Vietnam Student Association, or Vietnam Youth Federation at the university level enjoy the reduced teaching hour quota regime as stipulated in Decision No. 13/2013/QĐ-TTg dated February 6, 2013, issued by the Prime Minister, concerning the regime and policies for members of the Communist Youth Union, Vietnam Student Association, and Vietnam Youth Federation in educational institutions and vocational training centers;

d) Teachers concurrently holding multiple positions are entitled to the highest reduction in teaching hour quotas.

3. Civil servants, managers, and staff members of departments, offices, or specialized teams specified in Clause 5 of Article 5 and Clause 2 of Article 8 of this Circular are not eligible for reductions in teaching hours as provided in points a, b, and c of Clause 1 and Clause 2 of this Article.

4. Reduced teaching hours for other teachers:

a) Teachers participating in training and upgrading beyond the prescribed time shall be reduced by 14 hours/week of training and upgrading;

b) Teachers during their probationary period shall be reduced by 30% of the teaching hour standard;

c) Female teachers with children under 12 months old shall be reduced by 15% of the teaching hour standard;

d) Teachers during maternity leave or long-term medical treatment shall have their teaching hour quota reduced in proportion to the duration of social insurance benefit receipt compared to the teaching workload stipulated in point a, Clause 1, Article 4 and point a, Clause 1, Article 7 for each level of education.

Article 11. Conversion of Other Professional Activities into Standard Hours

1. Teaching:

a) Teaching multiple classes with the same program and level from the third class onwards: One theoretical hour is equivalent to 0.75 standard hours;

b) In cases where it is necessary to combine classes for common subjects: For classes with more than 35 students, one hour is equivalent to 1.2 standard hours; for classes with more than 50 but not exceeding 60 students, one hour is equivalent to 1.3 standard hours; for classes with more than 50 students in national defense and security education subjects, the conversion rate shall be determined according to Circular Joint No. 18/2015/TTLT-BGDĐT-BLĐTBXH dated September 8, 2015 issued by the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs on organizing teaching, learning, and evaluating the results of national defense and security education courses in vocational training institutions and universities, one hour is equivalent to 1.3 standard hours;

c) Time spent on designing, improving, and making vocational education equipment (approved at the departmental level or higher) can be converted into standard hours; the principal or director shall determine the number of standard hours for conversion based on specific conditions;

d) Teaching, guiding, and enhancing the professional skills of other teachers within the vocational education institution: One hour is equivalent to 1.5 standard hours;

đ) For teachers of national defense education and physical education, time spent on sports movement activities and military training for staff, teachers, and employees of the vocational education institution shall be considered as teaching time. The principal or director of the vocational education institution shall specify the conversion to standard hours for calculating the teaching load for each teacher;

2. Preparing examination questions, supervising examinations, grading module-end and subject examinations:

a) Preparing examination questions: One written essay question with answers is equivalent to one standard hour; one multiple-choice question with answers is equivalent to 1.5 standard hours; one oral questioning question with answers is equivalent to 0.25 standard hours; one practical examination question with answers is equivalent to 0.5 standard hours;

b) Supervising examinations: One hour of examination supervision is equivalent to 0.3 standard hours;

c) Grading examinations: Written essay and multiple-choice examinations are calculated at 0.1 standard hours per paper; oral questioning examinations are calculated at 0.2 standard hours per student; practical examinations are calculated at 0.2 standard hours per student;

3. Preparing final exams, supervising final exams, grading final exams:

a) Preparing final exams: One written essay exam with answers is equivalent to two standard hours; one multiple-choice exam with answers is equivalent to 2.5 standard hours; one oral questioning exam with answers is equivalent to 0.5 standard hours; one practical exam with answers is equivalent to 1.5 standard hours;

b) Supervising final exams: One hour of final exam supervision is equivalent to 0.5 standard hours;

c) Grading final exams: Written essay and multiple-choice exams are calculated at 0.2 standard hours per paper; oral questioning exams are calculated at 0.4 standard hours per student; practical exams are calculated at 0.4 standard hours per student;

4. Guiding special topics and graduation theses (if applicable): Each special topic or graduation thesis is equivalent to 15 standard hours; grading special topics and graduation theses (if applicable): Each special topic or graduation thesis is equivalent to 5 standard hours;

5. Supervising internships and combined work-study internships: One day (8 working hours) is equivalent to 2.5 to 3 standard hours depending on the nature of the work and specific working conditions;

6. Training for teachers participating in teaching contests at various levels; for students participating in skill competitions at various levels: One hour of practice is equivalent to 1.5 standard hours;

7. The principal or director of the vocational education institution shall specify the conversion of other professional activities into standard hours for calculating the teaching load for teachers;

Chapter V

IMPLEMENTATION ORGANIZATION

Article 12. Responsibilities of the General Department of Vocational Education and Training

Guide, inspect, and supervise the implementation of the provisions of this Circular.

Article 13. Responsibilities of Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities

Direct, guide, and inspect the implementation of the provisions of this Circular for vocational education and training establishments under their management authority.

Article 14. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Submit to the People's Committee of the province or centrally governed city to issue guiding documents on the implementation of the provisions of this Circular.

2. Inspect, check, evaluate, compile, and report periodically or urgently on the implementation of working conditions for teachers at vocational education and training establishments under the management authority of the People's Committee of the province or centrally governed city.

Article 15. Responsibilities of vocational education and training establishments

1. Specify in detail the working conditions for teachers at vocational education and training establishments in accordance with this Circular.

2. Develop teaching plans, scientific research, study, professional training, and internships at enterprises or specialized agencies to improve the quality and effectiveness of labor for vocational education teachers.

Chapter VI

IMPLEMENTATION PROVISIONS

[5]

Article 16. Effective Date

1. This Circular takes effect from July 1, 2017.

2. Repeal Section II of Circular No. 09/2008/TT-BLDTBXH dated June 27, 2008, issued by the Minister of Labor, Invalids, and Social Affairs, guiding the working conditions for vocational teachers, and Chapter III of Circular No. 40/2015/TT-BLDTBXH dated October 20, 2015, issued by the Minister of Labor, Invalids, and Social Affairs, stipulating standards for professional qualifications and working conditions for teachers of primary level education.

3. During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for guidance.

 

Place of Receipt: - Office of the Government (for publication in the Official Gazette); - Minister (for reporting); - Government Electronic Portal; - The Ministry of Labor, Invalids, and Social Affairs’s electronic information portal; - To be filed with VT, TCGDNN.

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER Dao Ngoc Dung