Circular No. 59/2008/TT-BGDĐT guiding the staffing norms for public special education institutions

CIRCULAR

Guidelines for staffing norms of public special education institutions

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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; 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; Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on the delegation of personnel management authority for administrative and public service organizations; 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;

After receiving comments from the Ministry of Finance, the Ministry of Planning and Investment, the Ministry of Home Affairs, and the Ministry of Education and Training, these guidelines for staffing norms of public special education institutions are hereby issued 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) These guidelines provide for staffing norms of public special education institutions including: managerial staff, teachers, and office staff, equipment, laboratory, and library staff.

b) These guidelines apply to the following specialized schools and classes: boarding schools for ethnic minorities; semi-boarding schools for ethnic minorities; specialized schools; schools and classes for disabled and handicapped persons.

c) Colleges of preparatory studies; art, sports talent schools; and correctional schools are not within the scope of regulation and application of these guidelines and will be implemented in other documents as prescribed by law.

d) The staffing norms for public special education institutions in this document do not include contractual employees as defined 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.

2. Staffing norms for public special education institutions such as boarding schools for ethnic minorities, semi-boarding schools for ethnic minorities, specialized schools, and schools and classes for disabled and handicapped persons must be consistent with the network planning, characteristics of educational work, and local budget capacity.

The staffing norm for teachers in one (01) class as specified in these guidelines is the number of teachers teaching all subjects and serving as class advisors, conducting collective educational activities, and extracurricular activities according to the education plan prescribed by the Ministry of Education and Training.

3. The number of teaching hours per week for managerial staff and teachers is specified as follows:

a) Managerial staff:

- The Principal teaches 2 periods;

- The Deputy Principal teaches 4 periods;

b) Teachers:

- Teachers at boarding schools for ethnic minorities at the junior high school level teach 17 periods; at the senior high school level teach 15 periods.

- Teachers at semi-boarding schools for ethnic minorities at the elementary school level teach 21 periods; at the junior high school level teach 17 periods.

- Teachers at specialized schools teach 17 periods; specifically, for teachers teaching specialized subjects, 1 period of specialized subject is equivalent to 1.5 periods of non-specialized subjects for conversion into teaching hour norms.

- Teachers at schools and classes for disabled and handicapped persons at the elementary school level teach 21 periods; at the junior high school level teach 17 periods.

c) Class Advisors:

- Class Advisors at boarding schools for ethnic minorities are counted as 4 periods per week.

- Class Advisors at specialized schools are counted as 4 periods per week.

- Class Advisors at semi-boarding schools for ethnic minorities are counted as 4 periods per week.

- Class Advisors at schools and classes for disabled and handicapped persons are counted as 3 periods per week.

4. For female teachers at the elementary school level who are of childbearing age (yet to have 1 to 2 children), the maternity leave time is calculated to supplement the school's salary fund (if insufficient) to pay the substitute teacher.

5. Office staff as specified in these guidelines, in addition to performing their duties according to their positions, must also take on additional tasks assigned by the school.

II. STAFFING NORMS

1. Provincial Boarding Schools for Ethnic Minorities

a) Managerial Staff:

Each school has a Principal and may have up to 03 Deputy Principals.

b) Teacher Staff:

- Each class is allocated up to 2.4 staff positions;

- Regulations regarding dedicated staff for youth and student associations in schools are implemented according to regulations for general secondary schools, supplementary education schools, and regular education centers as stipulated in Decision No. 61/2005/QĐ-TTg dated March 24, 2005 of the Prime Minister on policies for Communist Youth Union, Student Association, and Young People's Association staff in universities, colleges, vocational training schools, and general secondary schools.

c) Staff for Library, Equipment, Laboratory, and Office Work:

- Each school is allocated 01 position for library work and 02 positions for equipment and laboratory work;

- Each school is allocated positions: 02 clerks, 01 cashier, 01 accountant, 01 secretary, 01 information technology technician or computer engineer, 01 school health officer. Schools with over 400 students are allocated an additional 01 school health officer position.

2. County Boarding Schools for Ethnic Minorities

a) Managerial Staff:

Each school has a Principal and may have up to 02 Deputy Principals.

b) Teacher Staff:

- Each class is allocated up to 2.2 staff positions;

- Each school is allocated 01 position for a teacher responsible for the Ho Chi Minh Youth League;

c) Staff for Library, Equipment, Laboratory, and Office Work:

- Each school is allocated 01 position for library work and 01 position for equipment and laboratory work;

- Each school is allocated positions: 02 clerks, 01 cashier, 01 accountant, 01 school health officer, 01 secretary, and 01 information technology technician or computer engineer.

3. Semi-Boarding Schools for Ethnic Minorities

a) Managerial Staff:

Each school has a Principal and may have up to 02 Deputy Principals.

b) Teacher Staff:

- For elementary school level, each class is allocated up to 1.5 staff positions;

- For junior high school level, each class is allocated up to 2.2 staff positions;

- Each school is allocated 01 position for a teacher responsible for the Ho Chi Minh Youth League;

c) Staff for Library, Equipment, Laboratory, and Office Work:

- Each school is allocated 01 position for library work and 01 position for equipment and laboratory work;

- Each school is allocated positions: 01 secretary兼任出纳，01会计和01学校卫生员。

4. Specialized Schools

a) Managerial Staff:

Each school has a Principal and may have up to 03 Deputy Principals.

b) Teacher Staff:

- Each specialized class is allocated up to 3.1 staff positions;

- Regulations regarding dedicated staff for youth and student associations in schools are implemented according to regulations for general secondary schools, supplementary education schools, and regular education centers as stipulated in Decision No. 61/2005/QĐ-TTg dated March 24, 2005 of the Prime Minister on policies for Communist Youth Union, Student Association, and Young People's Association staff in universities, colleges, vocational training schools, and general secondary schools.

c) Staff for Library, Equipment, Laboratory, and Office Work:

- Each school shall be allocated no more than two staff positions for library work and no more than four staff positions for equipment and laboratory work;

- Each school shall be allocated staff positions as follows: two administrative officers, one school health officer, one accountant, one secretary, one treasurer, and one information technology technician or computer engineer;

5. Schools and classes for persons with disabilities

a) Managerial Staff:

Each school has a Principal and may have up to 02 Deputy Principals.

b) Teacher Staff:

- Each class shall be allocated one and a half staff positions;

- Each school is allocated 01 position for a teacher responsible for the Ho Chi Minh Youth League;

c) Staff for Library, Equipment, Laboratory, and Office Work:

- Each school shall be allocated one staff position for a librarian who also performs equipment and laboratory work;

- Each school shall be allocated staff positions as follows: two administrative officers, one secretary兼任出纳，一名会计和两名学校卫生员。

III. IMPLEMENTATION

1. Based on the staffing standards for public specialized schools set forth in this Circular and the provisions of Circular No. 89/2003/TT-BNV dated December 24, 2003 of the Ministry of Home Affairs guiding the implementation of the分级管理国家行政和事业单位编制的规定，省、直辖市人民政府应指导教育和培训部、民政部、财政部门每年制定地方教育事业编制计划，并提交同级人民代表大会审议决定。

2. The provincial and municipal people's committees under the central government shall be responsible for directing, guiding, and supervising subordinate units to implement regulations on the management mechanism for staffing, recruitment, utilization, and management of cadres and civil servants in state-run institutions, the autonomy and responsibility of public institutions in performing tasks, organizing staffing, and finance, and annually report on the implementation of educational staffing according to the law.

3. The funds to implement the staffing standards prescribed in this Circular shall be provided according to the current budgetary management decentralization regulations and the local budget capacity.

4. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. This Circular replaces Circular No. 27/TT-LB dated December 7, 1992 of the Ministry of Education and Training - Organization and Cadre Department of the Government.

5. Any issues arising during the implementation should be reported to the Ministry of Education and Training for consideration and resolution./.