Decree No. 71/2020/NĐ-CP on the roadmap for raising the qualification standards of kindergarten, primary school, and junior high school teachers

DECREE

Regulations on the Implementation Schedule for Raising the Required Qualification Level of Preschool, Primary, and Lower Secondary School Teachers

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On the basis of Law on Government Organization dated June 19, 2015;

On the basis of Law on Education dated June 14, 2019;

At the proposal of the Minister of Education and Training;

The Government issues this Decree to regulate the implementation schedule for raising the required qualification level of preschool, primary, and lower secondary school teachers.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the implementation schedule for raising the required qualification level of preschool, primary, and lower secondary school teachers as prescribed in points a and b, Clause 1, Article 72 of the Education Law 2019.

2. This Decree applies to:

a) Teachers and educational management staff (hereinafter referred to as teachers) in public, private, and privately-run educational institutions including: preschool education institutions; primary schools, lower secondary schools, general education schools with multiple levels including primary or lower secondary levels, continuing education centers, vocational education and continuing education centers, specialized schools, other educational institutions implementing the general education program at the primary or lower secondary level (hereinafter collectively referred to as general education institutions);

c) Teacher training institutions; other organizations and individuals related to the matter.

Article 2. Subjects Implementing the Raising of the Required Qualification Level

1. Preschool teachers who have not obtained a college degree in education or higher, as of July 1, 2020, still have seven years of service (84 months) until the retirement age as prescribed.

2. Primary school teachers who have not obtained a bachelor’s degree in primary education or a relevant bachelor’s degree and a certificate of pedagogical training or higher, as of July 1, 2020, still have eight years of service (96 months) for those with a secondary-level degree, and seven years of service (84 months) for those with a college-level degree until the retirement age as prescribed.

3. Lower secondary school teachers who have not obtained a bachelor’s degree in secondary education or a relevant bachelor’s degree and a certificate of pedagogical training or higher, as of July 1, 2020, still have seven years of service (84 months) until the retirement age as prescribed.

Article 3. Principles for Implementing the Schedule for Raising the Required Qualification Level of Teachers

1. Determining the schedule and organizing its implementation for raising the required qualification level of teachers must be appropriate to the current status of the teaching workforce and the conditions of educational institutions and localities; it must prevent a shortage of teaching staff.

2. Determining the subjects among teachers participating in training to raise the required qualification level must ensure the correct age and educational qualifications of the teachers. Priority should be given to teachers who still have a minimum of five years of service until retirement as prescribed in Article 2 of this Decree to participate in training first. In cases where teachers do not meet the required years of service and are not eligible for the implementation of raising the required qualification level, they shall follow the regulations of the Minister of Education and Training.

3. The implementation of the schedule for raising the required qualification level of teachers must be objective, transparent, fair, and effective.

Chapter II
RAISING THE REQUIRED QUALIFICATION LEVEL OF PRESCHOOL, PRIMARY, AND LOWER SECONDARY SCHOOL TEACHERS

Article 4. Implementation timeline for raising the standard qualification level of kindergarten teachers

1. The implementation timeline runs from July 1, 2020 to December 31, 2030.

2. The implementation timeline is carried out in two stages:

a) Stage 1: From July 1, 2020 to December 31, 2025, ensuring that at least 60% of kindergarten teachers currently undergoing training or who have completed their training program and received a college-level teaching certificate meet the standard.

b) Stage 2: From January 1, 2026 to December 31, 2030, implementing for the remaining teachers to ensure that 100% of kindergarten teachers completing their training program receive a college-level teaching certificate.

Article 5. Implementation timeline for raising the standard qualification level of primary school teachers

1. The implementation timeline runs from July 1, 2020 to December 31, 2030.

2. The implementation timeline is carried out in two stages:

a) Stage 1: From July 1, 2020 to December 31, 2025, ensuring that at least 50% of primary school teachers currently undergoing training or who have completed their training program and received a bachelor's degree meet the standard.

b) Stage 2: From January 1, 2026 to December 31, 2030, implementing for the remaining teachers to ensure that 100% of primary school teachers completing their training program receive a bachelor's degree.

Article 6. Implementation timeline for raising the standard qualification level of lower secondary school teachers

1. The implementation timeline runs from July 1, 2020 to December 31, 2030.

2. The implementation timeline is carried out in two stages:

a) Stage 1: From July 1, 2020 to December 31, 2025, ensuring that at least 60% of lower secondary school teachers currently undergoing training or who have completed their training program and received a bachelor's degree meet the standard.

b) Stage 2: From January 1, 2026 to December 31, 2030, implementing for the remaining teachers to ensure that 100% of lower secondary school teachers completing their training program receive a bachelor's degree.

1. The training to raise the standard qualification level of kindergarten, primary, and lower secondary school teachers is carried out through the method of assigning tasks, placing orders, or tendering between localities and teacher training institutions based on the annual implementation plans of the localities.

2. The assignment of tasks, placing orders, or tendering for training to raise the standard qualification level of teachers is implemented according to current regulations regarding the assignment of tasks, placing orders, or tendering for public products and services funded by state budget from regular expenditure funds.

3. The unit price for assigning tasks, placing orders, or tendering for teacher training is determined by the level of financial support for tuition fees for student teachers as stipulated by current laws.

1. Based on the orientation, objectives for building and developing the teaching staff nationwide, locality needs, and the targets set forth in Articles 4, 5, and 6 of this Decree, the plan is established as follows:

a) Provincial People's Committees issue annual plans for implementing the timeline to raise the standard qualification level of kindergarten, primary, and lower secondary school teachers;

b) The Ministry of Education and Training issues five-year plans according to the timelines of 2020-2025 and 2026-2030.

2. Establishing the plan:

a) The Ministry of Education and Training issues five-year plans according to the timelines of 2020-2025 and 2026-2030, sending them to provincial People's Committees as a basis for establishing annual implementation plans;

b) Each year, kindergartens and general education schools develop plans, submitting them to the Department of Education and Training for consolidation and advisory to the People's Committee of districts, counties, towns, and cities directly under provinces (hereinafter referred to as district-level People's Committees) to issue plans and send them to the Department of Education and Training and the Department of Education, Science, and Technology of Bac Lieu Province (hereinafter referred to as the Department of Education and Training);

Provincial People's Committees issue annual plans based on proposals and recommendations from the Department of Education and Training, taking into account the five-year plans of the Ministry of Education and Training and the annual plans of district-level People's Committees;

c) Provincial People's Committees submit plans to the Ministry of Education and Training for consolidation, monitoring, and directing the organization of implementation.

3. The main contents of the annual plan and the five-year plan include:

a) Objectives, principles, and methods for selecting teachers to participate in training;

b) Determining the timeline; the number of kindergarten, primary, and lower secondary school teachers required to undergo training to raise their standard qualification level each year and throughout the entire timeline;

c) Responsibilities of agencies, units, organizations, and individuals in implementing the plan.

4. The five-year implementation plan for the period 2020-2025 of the Ministry of Education and Training must be issued within thirty days from the date this Decree takes effect. The 2020 implementation plan of provincial People's Committees must be issued within sixty days from the date this Decree takes effect; plans for subsequent years must be issued before December 15 of the preceding year.

1. The funding for the implementation of the teacher training standard enhancement roadmap shall be guaranteed by the local budget in accordance with the provisions of the State Budget Law and other sources of funding as prescribed by law; the central budget shall support the locality when it cannot balance its budget to implement this task in accordance with the laws on state budget.

2. Private and public educational institutions must ensure funding to pay the stipulated benefits for teachers sent for training to enhance their training standards as provided in point c, Clause 1, Article 10 of this Decree.

3. The payment of funding for the enhancement of teachers' training standards to training institutions assigned tasks, commissioned, or tendered shall be carried out in accordance with the provisions of the law.

Article 10. Rights and responsibilities of teachers participating in training to enhance their training standards

a) To be provided favorable conditions regarding time by the management and user agency; to be supported with tuition fees (in accordance with the current regulations of the law applicable to student teachers);

b) To have the training period counted towards continuous working time;

c) To enjoy 100% salary and other allowances as prescribed by law.

2. Responsibilities of teachers sent for training to enhance their training standards:

a) To comply with training regulations, rules, and time regulations; to be subject to the management of the training institution during participation in training activities;

b) To commit to performing duties and public service at preschool education institutions, general education institutions for a period not less than twice the duration of the training program upon completion of the training program;

c) During the entire course period, teachers must still perform work tasks as prescribed when they are not participating in training activities;

d) In case a teacher fails to complete the training program within the prescribed timeframe, leading to an extension of the training period, they must cover all additional training costs incurred during the extended training period themselves.

Article 11. Compensation for Training Costs

1. Teachers who are sent for training to enhance their training standards must compensate for training costs if they fall under any of the following circumstances:

a) Voluntarily dropping out of school, quitting work, or unilaterally terminating their employment contract or labor contract during the training period;

b) Not being awarded a graduation certificate by the training institution, except in cases of force majeure reasons confirmed by the competent authority;

c) Having completed the course and received a graduation certificate but quitting work or unilaterally terminating their employment contract or labor contract before fulfilling the agreed service period as stipulated in point b, Clause 2, Article 10 of this Decree.

2. The compensation amount, calculation method for compensation, procedures, and process for compensating training costs shall be implemented in accordance with the current regulations of the law applicable to civil servants, public officials, and employees.

1. Provincial People's Committees shall report their implementation plan for 2020 to the Ministry of Education and Training within ninety days from the date this Decree takes effect. Implementation plans for subsequent years shall be reported to the Ministry of Education and Training before December 15 of the preceding year.

2. Provincial People's Committees shall report annually on the training situation and results to the Ministry of Education and Training before December 15 or as required by the competent authority.

Chapter III
IMPLEMENTATION

Article 13. Responsibilities of the Ministry of Education and Training

1. Develop the five-year plan according to the roadmap for 2020-2025 and 2026-2030; direct and guide localities in developing plans and organizing their implementation effectively.

2. Inspect, examine, and handle violations related to the allocation, arrangement, and selection of teachers for training; results, progress, and relevant regulations concerning the implementation of the roadmap to raise the qualification standards of teachers and the implementation of systems and policies as prescribed.

3. Organize mid-term reviews at the end of phase 1 and comprehensive reviews at the end of the roadmap to assess the situation and outcomes of implementation.

Article 14. Responsibilities of ministries and agencies at the ministerial level

1. In accordance with assigned functions and tasks, coordinate with the Ministry of Education and Training to direct localities on reviewing, allocating, and arranging teachers and staffing for the education sector; systems and policies; implement communication work to create conditions for agencies, units, and teachers to effectively implement the roadmap to raise the qualification standards of teachers.

2. Coordinate with the Ministry of Education and Training to carry out inspection and examination work as prescribed.

Article 15. Responsibilities of the Provincial People's Committee

1. Direct and guide the development of annual plans and organize their implementation according to these plans.

2. Direct and guide the selection of teachers to participate in training annually by subject and grade level as a basis for developing annual plans.

3. Develop and submit to the People's Councils of provinces and centrally-administered cities for decision on the budget estimate for local government spending under the State Budget Law to implement the annual task of raising the qualification standards of teachers according to the plan.

6. Direct and guide the implementation of systems and policies for teachers sent to study; implement the recovery of training cost compensation payments.

Article 16. Responsibilities of teacher training institutions

1. Prepare conditions regarding programs, materials, learning resources; physical facilities and equipment; faculty members to implement the roadmap to raise the qualification standards of teachers.

Article 17. Responsibilities of units employing teachers

2. Based on the approved training plan, arrange and schedule teachers' work appropriately to facilitate their concurrent teaching and learning activities.

3. Ensure the benefits and policies for teachers in accordance with regulations.

Chapter IV
IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Decree takes effect from August 18, 2020.

Article 19. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, Heads of management agencies, teacher training institutions, and units employing teachers are responsible for implementing this Decree./.