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THE MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
07/2017/TT-BLDTBXH
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Hanoi, March 10,
2017
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CIRCULAR
ON
WORKING REGIME FOR VOCATIONAL EDUCATION TEACHERS
Pursuant to the Labor Code Law dated June 18,
2012;
Pursuant to Law on vocational education dated
November 27, 2014;
Pursuant to Law on public employees dated
November 15, 2010;
Pursuant to the Government's Decree No. 14/2017/ND-CP
dated February 17, 2017 defining functions, tasks, powers and organizational
structure of the Ministry of Labor, War Invalids and Social Affairs;
Pursuant to the Government's Decree No.
48/2015/ND-CP dated May 15, 2015 on guidelines for Law on vocational education;
At the request of Director General of General
Department of Vocational Education;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated
entities
1. This Circular deals with working regime for
teachers educating in junior colleges, post-secondary schools, vocational
education centers and higher education institutions, enterprises that have
registered for operation in public, private, foreign-invested vocational
education (hereinafter referred to as vocational education institutions).
2. This Circular applies to teachers, managerial
officials and civil servants educating college, intermediate, and/or elementary
levels in vocational education institutions; and other relevant agencies,
organizations, and individuals.
3. This Circular shall not apply to pedagogical
institutions and teachers of pedagogy under scope of management of the Ministry
of Education and Training.
Article 2. Standard hours,
teaching time, teaching hour norms, class sizes
1. Standard hour means unit of time converted from
number of work hours deemed necessary prior, during, and after the teaching
time to complete the teaching tasks, including: preparation; teaching;
periodical tests of modules and subjects.
2. Teaching time in the training plan shall be
calculated by standard hours, in which:
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b) 60 minutes of integrated teaching (including
theory and practice) shall be considered as 1 standard hour;
c) 60 minutes of practical teaching shall be
considered as 1 standard hour.
3. Teaching hour norm shall be determined as number
of standard hours for a teacher, which is defined according to academic year.
4. Class size: No more than 35 learners or students
(hereinafter referred to as students) present in a theoretical class. No more
than 18 students present in a practical class or an integrated class relating
to ordinary occupation and no more than 10 students present in a practical or
an integrated class relating to heavy, hazardous or dangerous fields of study,
specified in a list promulgated by the Ministry of Labor, War Invalids and
Social Affairs. Principals and directors of vocational education institutions
shall decide specific number of students in classes in conformity with each
field of study.
Chapter II
DUTIES AND WORKING
REGIME OF TEACHERS OF COLLEGE OR INTERMEDIATE LEVEL
Article 3. Duties
1. Teaching, including:
a) Preparation: Developing lesson plans, drawing up
syllabuses, prepare materials and equipment serving the teaching of modules or
subjects as assigned;
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c) Assessment of students, including: Prepare
tests, invigilate, and give marks of periodical tests.
2. Invigilate, give tests, and make assessment upon
completion of modules or subjects; mark entrance exams; mark graduation exams; instruct
and evaluate graduation theses; evaluate research findings of students.
3. Complete forms and documents on management of
classes as assigned as prescribed.
4. Instruct students to do graduation theses (if
any); instruct internship, internship in combination with work; coach excellent
students for exams.
5. Compile textbooks and teaching materials; offer
opinions about the program, contents of modules and subjects as assigned.
6. Design, build specialized classes; design,
innovate, self-make vocational education equipment.
7. Engage students in educational activities and
practices.
8. Study, participate in standardized training
programs, advanced training programs; probation at specialized agencies; engage
class observation and exchange teaching experience.
9. Participate in training courses for teachers as
required by the institution, faculties in terms of teachers’ professional
development.
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11. Participate in professional activities and
training management.
12. Perform other duties as required by Principals
or Directors of vocational education institutions.
Article 4. Working time and
annual rest period
1. Working time of teachers of college or
intermediate level shall be 44 weeks per year according to 40-hour per week
working regime, in which:
a) Teaching and educating students: 32 weeks in
case of teachers of college level; 36 weeks in case of teachers of intermediate
level; <0}
b) Study and participate in standardized training
programs, advanced training programs, scientific researches: 08 weeks in case
of teachers of college level; 04 weeks in case of teachers of intermediate
level;
c) Probation at enterprises or specialized
agencies: 04 weeks in case of teachers of college or intermediate level;
d) If a teacher does not use full of the given time
to study or participate in a standardized training program, an advanced training
program, or a scientific research as prescribed, the Principal or Director
shall convert the remaining time into the time to be used for teaching or other
duties assigned by himself/herself. The converted time shall be included in the
teacher’s teaching hour norm in such academic year. The converted time shall be
calculated equivalent the ratio of the time not to be used for study,
standardized training program, advanced training program, or scientific
research and the time to be used for teaching students prescribed in Point a
hereof. If a teacher participates in a standardized training course or advanced
training course lasting more than 04 weeks, he/she shall be eligible for
teaching time reduction as prescribed in Point a Clause 4 Article 10 of this
Circular.
2. Annual leave of a teacher is 08 weeks, of a
managerial public employee cum teacher prescribed in Clause 5 Article 5 of this
Circular is 06 weeks, including summer holiday, Tet holidays, and other
holidays, in which:
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b) Other leave policies as prescribed by applicable
regulations of law;
c) The Principal or Director of each vocational
education institution shall, depending on its academic year plan and particular
conditions, to give teacher leave in appropriate time.
Article 5. Teaching hour norms
1. Teaching hour norm of a teacher in an academic
year: From 380 to 450 standard hours in case of teachers of college level; from
430 to 510 standard hours in case of teachers of intermediate level.
The Principal or Director of each vocational
education institution shall, depending on its particular conditions and
characteristics of each module or subject, teachers’ qualifications, to decide
appropriate teaching hour norms in an academic year.
2. Teaching hour norm applicable to a teacher in
charge of general subjects in an academic year is 450 standard hours in case of
teachers of college level or 510 standard hours in case of teachers of
intermediate level.
3. Teaching hour norm applicable to a teacher in
charge of secondary level in a vocational education institution shall be
consistent with Circular No. 28/2009/TT-BGDDT dated October 21, 2009 of the
Minister of Education and Training on working regime for secondary teachers.
4. If a teacher teaches multiple levels in an
academic year, his/her teaching hour norm at the highest level shall apply.
5. Teaching hour norms applicable to managerial
officials and civil servants, public employees of professional departments that
are qualified for teaching so as to understand training contents and programs
and study progress of students for the purpose of improving the training
management effectiveness, in particular:
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b) Vice Principal: 40 standard hours per year;
c) Department head and equivalent: 60 standard
hours per year;
d) Department deputy head and equivalent: 70
standard hours per year;
dd) Pubic employees of professional departments in
charge of training, management of students; examination and quality assurance:
80 standard hours per year.
6. Teaching hour norms applicable to a teacher in
pedagogy faculty in a vocational education institution shall be equivalent to
those applicable to a teacher of college level.
7. The Principal or Director of a vocational
education institution shall, according to workload and duties assigned to a
public employee in other professional departments that is qualified for
teaching, enter into a contract of teaching with such public employee when it
deemed necessary.
Chapter III
DUTIES AND WORKING
REGIME OF TEACHERS OF ELEMENTARY LEVEL
Article 6. Duties
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a) Preparation: Developing lesson plans, drawing up
syllabuses, prepare materials and equipment serving the teaching of modules as
assigned;
b) Teaching modules as assigned in conformity with
the given plan or program;
c) Assessment of students, including: Prepare
tests, invigilate, and give marks of periodical tests.
2. Invigilate, give tests, and make assessment upon
completion of modules.
3. Complete forms and documents on management of
classes as assigned as prescribed.
4. Compile textbooks and teaching materials; offer
opinions about the program, contents of modules as assigned.
5. Design, build specialized classes; design,
innovate, self-make vocational education equipment.
6. Engage students in educational activities and
practices.
7. Study, participate in standardized training programs,
advanced training programs; probation at specialized agencies; engage class
observation and exchange teaching experience, and participate in professional
activities.
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9. Participate in training management and student
management.
10. Perform other duties as required by Principals
or Directors of vocational education institutions.
Article 7. Working time and
annual rest period
1. Working time of teachers of elementary level
shall be 46 weeks per year according to 40-hour per week working regime, in
which:
a) Teaching and educating students: 42 weeks;
b) Study, participate in standardized training
programs, advanced training programs; engage class observation and exchange
teaching experience, and participate in professional activities: 02 weeks;
c) Probation at enterprises or specialized
agencies: 02 weeks;
d) If a teacher does not use full of the given time
to study or participate in a standardized training program, an advanced
training program; engage class observation and exchange teaching experience,
and participate in professional activities as prescribed, the Principal or
Director shall convert the remaining time into the time to be used for teaching
or other duties assigned by himself/herself. The converted time shall be
included in the teacher’s teaching hour norm in such academic year. The
converted time shall be calculated equivalent the ratio of the time not to be
used for study, standardized training program, advanced training program,
engage class observation and exchange teaching experience, and participate in
professional activities and the time to be used for teaching students
prescribed in Point a hereof. If a teacher participates in a standardized
training course or advanced training course lasting more than 02 weeks, he/she
shall be eligible for teaching time reduction as prescribed in Point a Clause 4
Article 10 of this Circular.
2. Annual rest period of a teacher is 6 weeks, of a
managerial public employee of professional department in charge of student
management and training that are qualified for teaching as prescribed in Clause
2 Article 8 of this Circular is 5 weeks, including summer holiday, Tet
holidays, and other holidays, in which:
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b) Other leave policies as prescribed by applicable
regulations of law;
c) The Principal or Director of each vocational
education institution shall, depending on its academic year plan and particular
conditions, to give teacher leave in appropriate time.
Article 8. Teaching hour norms
1. Teaching hour norm of a teacher of elementary
level in an academic year: From 500 to 580 standard hours.
The Principal or Director of each vocational
education institution shall, depending on its particular conditions and
characteristics of each module, teachers’ experience, to decide appropriate
teaching hour norms in an academic year.
2. Teaching hour norms applicable to managerial
officials and civil servants, public employees of professional departments that
are qualified for teaching so as to understand training contents and programs
and study progress of students for the purpose of improving the training
management effectiveness, in particular:
a) Director: 30 standard hours per year;
b) Deputy Director: 40 standard hours per year;
c) Department head or group leader or equivalent:
60 standard hours per year;
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dd) Public employee of professional department in
charge of student management and training: 80 standard hours per year.
Chapter IV
OVERTIME TEACHING,
TEACHING TIME REDUCTION AND CONVERSION OF TIME FOR OTHER PROFESSIONAL
ACTIVITIES TO STANDARD HOURS
Article 9. Overtime teaching
1. In an academic year, if a teacher, managerial
official or civil servant, or a public employee of a professional department
that is qualified for teaching has number of teaching hours exceeds teaching
hour norm prescribed in Clauses 1, 2, 3, 5 Article 5 and Article 8 of this
Circular, it shall be considered as overtime teaching.
2. With regard to teachers: Number of overtime
teaching hours may not exceed the given hours prescribed in applicable labor
law.
3. With regard to managerial officials or civil
servants, or public employees of professional departments: Number of overtime
teaching hours may not exceed a half of teaching hour norms prescribed in
Clause 5 Article 5 and Clause 2 Article 8 of this Circular.
4. The overtime teaching pay shall be calculated
according to current regulations.
Article 10. Reduction of
teaching hour norms
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a) A teacher cum supervising teacher or academic
consultant shall be eligible for a reduction of 15% of teaching hour norm per
class;
b) A teacher cum caretaker of specialized
classroom/practice workshop shall be eligible for a reduction of 10% of
teaching hour norm per classroom/workshop in presence of a full time staff
member, or shall be eligible for a reduction of 15% of teaching hour norm per
classroom/workshop in absence of a full time staff member;
c) A teacher cum caretaker of library shall be
eligible for a reduction of 15% to 30% of teaching hour norm;
d) A teacher cum subject head or equivalent shall
be eligible for a reduction of 15% to 20% of teaching hour norm;
dd) A teacher cum dean, stationmaster, or
equivalent shall be eligible for a reduction of 15% to 30% of teaching hour
norm; a teacher cum deputy dean, deputy stationmaster, or equivalent shall be
eligible for a reduction of 20 % of teaching hour norm.
The Principal or Director shall, according to
actual conditions, number of teachers, number of students and scope of the
library, decide the rate of reduction for positions prescribed in Point c, d of
this Clause.
2. Teachers cum positions of the Communist Party or
unions.
a) A teacher cum Secretary of party executive committee
of vocational education institution or Secretary of party cell of vocational
education institution, Chairperson of the School Board or Board of Directors
shall be eligible for a reduction of 20 to 30% of teaching hour norm; a teacher
cum deputy of the aforementioned position or Secretary of the School Board or
Board of Directors shall be eligible for a reduction of 15 to 20% of teaching
hour norm. The Principal or Director shall, according to the scope of the
vocational education institution, number of members with consent of Party
organizations and unions decide the rate of reduction for positions prescribed;
b) A teacher cum part-time Trade Union member in a
vocational education institution shall be eligible for a given reduction of
teaching hour norm as prescribed in Circular No. 08/2016/TT-BGDDT dated March
28, 2016 of the Minister of Education and Training on reduction of teaching
hour norm applicable to teachers or lecturer cum part-time Trade Union members
in public educational institutions in national education system;
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d) A teacher cum multiple positions shall be
eligible for the highest rate of reduction of teaching hour norms.
3. Any official and civil servant, public employee
of professional department prescribed in Clause 5 Article 5 and Clause 2
Article 8 of this Circular shall not be eligible for a reduction of teaching
hours prescribed in Point a, b, c Clause 1 and Clause 2 of this Article.
4. Reduction of teaching hour norms applicable to
other teachers:
a) A teacher participating in study, standardized
training program, or advanced training program for a period exceeding the
prescribed time shall be eligible for a reduction of 14 hours per week of
training;
b) A teacher on probation period shall be eligible
for a reduction of 30% of teaching hour norm;
c) A female teacher having baby aged under 12
months shall be eligible for a reduction of 30% of teaching hour norm;
d) A teacher on maternity leave or long-time
treatment leave shall be eligible for a reduction of teaching hour norm
equivalent to the ratio of leave to be used to determine social insurance
benefits to the given time for teacher prescribed in Point a Clause 1 Article
14 and Point a Clause 1 Article 7 for each level.
Article 11. Conversion of
time for other professional activities to standard hours
1. Teaching:
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b) In case of common subjects deemed necessary to
conduct combination of classes: In case of a class of more than 35 students, 01
hour shall be considered as 1.2 standard hour; in case of a class of more than
50 students but not exceeding 60 students, 01 hour shall be considered as 1.3
standard hour; in case of a class of more than 55 students relating to
education of national defense and security in accordance with Joint Circular
No. 18/2015/TTLT-BGDDT-BLDTBXH dated September 8, 2015 of the Ministry of
Education and Training, the Ministry of Labor, War Invalids and Social Affairs
on teaching, studying, and evaluation of students’ performance of education of
national defense and security subject in vocational education institutions,
higher education institutions, 01 hour shall be considered as 1.3 standard
hour;
c) The time for designing, innovating, and self
making vocational education aids (approved by subject group level or higher)
shall be converted into standard hours; the Principal or Director shall,
according to particular conditions, specify converted standard hours deemed
appropriate;
d) In case of teaching, instructing, providing
advanced training of professional qualifications for other teachers in the
vocational education institution: 01 hour shall be considered as 1.5 standard
hour;
dd) In case of teachers of national defense
education, physical education, their service time in sports and military
training for officials, teachers, and staff of a vocational education
institution shall be considered as teaching time. The Principal or Director of
the vocational education institution shall specify the conversion of such
teaching time for each teacher.
2. Prepare tests, invigilate, and give marks of
periodical tests upon completion of modules and subjects:
a) Preparing tests: 01 subjective test with answers
shall be considered as 01 standard hour; 01 objective test with answers shall
be considered as 1.5 standard hour; 01 oral test with answers shall be
considered as 0.25 standard hour; 01 practice test with answers shall be
considered as 0.5 standard hour;
b) Invigilating: 01 hour of invigilating shall be
considered as 0.3 standard hour;
c) Giving marks: Giving mark to a subjective test
or an objective test shall be considered as 01 standard hour; giving mark to an
oral test of a student shall be considered as 0.2 standard hour; giving mark to
a practice test of a student shall be considered as 0.2 standard hour.
3. Developing, invigilating, and give marks to
final exams:
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b) Invigilating: 01 hour of invigilating shall be
considered as 0.5 standard hour;
c) Giving marks to exam: Giving mark to a
subjective exam or an objective exam shall be considered as 0.2 standard hour;
giving mark to an oral exam of a student shall be considered as 0.4 standard
hour; giving mark to a practice exam of a student shall be considered as 0.4
standard hour.
4. Instructing a graduation thesis (if any) shall
be considered as 15 standard hours, giving mark to a graduation thesis (if any)
shall be considered as 05 standard hours.
5. Instructing probation or probation and work: 1
day (8 working hours) shall be considered as 2.5 – 3 standard hours subject to
the nature of work or particular working conditions.
6. Training teachers in teaching festivals;
coaching students to participate in workmanship contests: 01 hour of practice
shall be considered as 1.5 standard hour.
7. The Principal or Director of the vocational
education institution shall specify the conversion of time for other
professional activities to standard hours for each teacher.
Chapter V
IMPLEMENTATION
Article 12. Responsibilities
of General Department of Vocational Education
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Article 13. Responsibilities
of Ministries, ministerial-level agencies; Governmental agencies, People’s
Committees of provinces and central-affiliated cities
Direct, instruct, and inspect the implementation of
this Circular by vocational education institutions within their scope of
management.
Article 14. Responsibilities
of Services of Labor, War Invalids and Social Affairs
1. Request People’s Committees of provinces and
central-affiliated cities to promulgate documents on guidelines for
implementation of this Circular.
2. Inspect, assess, consolidate, and send regular
and irregular reports on implementation of working regime applicable to
teachers of vocational education institutions under management of People’s
Committees of provinces and central-affiliated cities.
Article 15. Responsibilities
of vocational education institutions
1. Provide guidelines for working regime applicable
to teachers of vocational education institutions prescribed hereof.
2. Formulate plans for teaching, research work,
study, training in professional knowledge/skills, probation at enterprises or
specialized agencies for the purpose of improving quality and work efficiency
of vocational education teachers.
Chapter VI
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Article 16. Entry into force
1. This Circular comes into force from July 1,
2017.
2. Section II of Circular No. 09/2008/TT-BLDTBXH
dated June 27, 2008 of the Minister of Labor, War Invalids and Social Affairs
on guidelines for working regime of vocational education teachers and Chapter
III of Circular No. 40/2015/TT-BLDTBXH dated October 20, 2015 of the Minister
of Labor, War Invalids and Social Affairs on standards for qualifications and
working regime of teachers of elementary level shall be annulled.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Labor,
War Invalids and Social Affairs for consideration./.
PP. MINISTER
DEPUTY MINISTER
Doan Mau Diep