CIRCULAR

AMENDING SOME ARTICLES OF CIRCULAR NO. 01/2021/TT-BGDDT, 02/2021/TT-BGDDT, 03/2021/TT-BGDDT, 04/2021/TT-BGDDT DATED FEBRUARY 2, 2021 OF THE MINISTRY OF EDUCATION AND TRAINING ON CODES, STANDARDS OF PROFESSIONAL TITLES, APPOINTMENT, AND SALARY CLASSIFICATION FOR PUBLIC EMPLOYEES TEACHING IN PUBLIC PRESCHOOL AND GENERAL EDUCATION INSTITUTIONS

Pursuant to Law on Education dated June 14, 2019;

Pursuant to the Law on Public Employees dated November 15, 2010; Law on Amendments to the Law on Officials and the Law on Public Employees dated November 25, 2019;

Pursuant to Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary regime for officials, public employees and armed forces; Decree No. 17/2013/ND-CP dated December 19, 2013 of the Government on amending some articles of Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary regime for officials, public employees and armed forces;

Pursuant to Decree No. 101/2017/ND-CP dated September 1, 2017 of the Government on training and refresher training for officials and public employees; Decree No. 89/2021/ND-CP dated October 18, 2021 of the Government amending some articles of Decree No. 101/2017/ND-CP dated September 1, 2017 of the Government on training and refresher training for officials and public employees;

Pursuant to Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government on recruitment, use, and management of public employees;

Pursuant to the Government’s Decree No. 86/2022/ND-CP dated October 24th 2022 on functions, tasks, powers and organizational structure of the Ministry of Education and Training;

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The Minister of Education and Training issues a Circular amending some articles of Circular No. 01/2021/TT-BGDDT, 02/2021/TT-BGDDT, 03/2021/TT-BGDDT, 04/2021/TT-BGDDT dated February 2, 2021 of the Ministry of Education and Training on codes, standards of professional titles, appointment, and salary classification for public employees teaching in public preschool and general education institutions

Article 1. Amendments to Circular No. 01/2021/TT-BGDDT dated February 2, 2021 of the Ministry of Education and Training on codes, standards of professional titles, appointment, and salary classification for public employees teaching in public preschool educational institution.

1. Addition of Article 2a after Article 2:

"Article 2a Ethical standards

1. Comply with the CPV's guidelines and policies, the State's laws, and regulations of the central and local authorities on preschool education.

2. Maintain teachers’ dignity, responsibility, good qualities and trustworthiness; set an example to students.

3. Love their job and students; know how to control emotions; treat students fairly and respect their personalities; protect legitimate rights and interests of students; be helpful to co-workers.

4. Strictly comply with regulations on the common responsibilities and obligations of public employees and regulations of the Ministry of Education and Training on teachers' ethics."

2. Amendments to Point b of Clause 3 of Article 3, Point b of Clause 3 of Article 4 and Point b of Clause 3 of Article 5:

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3. Amendment to Point b of Clause 4 of Article 3:

 “b) Have knowledge and skills in organizing activities to nurture, care for and educate children; have teaching capability appropriate to the requirements of the tasks of implementing the preschool education program;”

4. Amendments to Point dd of Clause 4 of Article 3, Point d of Clause 4 of Article 4 and Point d of Clause 4 of Article 5:

 “Be able to apply information technology in professional activities; be able to use foreign languages ​​or ethnic minority languages ​​as required by the job position;”

5. Amendment to Point dd of Clause 4 of Article 4:

 “d) Be recognized as a Grassroots-Level Emulation Fighter or an excellent teacher at school level or higher, or receive a Diploma of merit or Certificate of merit from district level or higher;”

6. Amendment to Point e of Clause 4 of Article 4:

 “e) Public employees taking the exam or being considered for promotion Class-II preschool teacher (code V.07.02.25) must hold the title of Class-III preschool teacher (code V.07.02.26) or equivalent for a minimum of 03 (three) years (excluding probationary period) up to the deadline for submitting applications for the examination registration or promotion consideration."

7. Amendment to Point dd of Clause 4 of Article 5:

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8. Amendment to Point e of Clause 4 of Article 5:

 “e) Public employees taking the exam or being considered for promotion Class-I preschool teacher (code V.07.02.24) must hold the title of Class-II preschool teacher (code V.07.02.25) or equivalent for a minimum of 09 (nine) years (excluding probationary period) up to the deadline for submitting applications for the examination registration or promotion consideration."

9. Amendment to Article 7:

 “Article 7. Cases of appointment to professional titles of preschool teachers

1. Public employees who have been appointed to the professional titles of preschool teachers as prescribed in Joint Circular No. 20/2015/TTLT-BGDDT-BNV are now appointed to the professional titles of preschool teachers prescribed herein as follows:

a) Appointment to Class-III preschool teacher (code V.07.02.26) for Class-IV preschool teacher (code V.07.02.06) who satisfies the qualification standards of Class-III preschool teacher grade (code V.07.02.26);

b) Appointment to Class-III preschool teacher (code V.07.02.26) for Class-III preschool teacher (code V.07.02.05);

c) Appointment to Class-II preschool teacher (code V.07.02.25) for Class-II preschool teacher (code V.07.02.04);

2. Class-II preschool teachers (code V.07.02.25) are appointed to Class-I preschool teachers (code V.07.02.24) if they successfully pass the exam or are considered for promotion.”

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 “Article 9. Transitional clauses

1. If the preschool teacher does not satisfy the conditions to be appointed to the professional title of preschool teacher prescribed herein, he/she will keep the class, code and salary coefficient of his/her current title currently classified in accordance with Joint Circular No. 20/2015/TTLT-BGDDT-BNV. After satisfying the conditions prescribed in Article 7 hereof, he/she will be appointed to the corresponding professional title without having to go through an exam or promotion consideration.

2. In case preschool teachers do not meet the standardized educational qualifications as prescribed in Article 72 of the Law on Education 2019 but are not required to improve their standardized educational qualifications as prescribed in Decree No. 71/2020/ND-CP dated June 30, 2020 of the Government on the roadmap for improving standardized educational qualifications of preschool, primary and lower secondary school teachers, they will keep the class, code and salary coefficient of their current title until retirement.”

11. Amendment to Article 10:

 “Article 10. Implementation clauses

1. The time of holding the title of Class-II preschool teacher (code V.07.02.04) or holding the senior preschool teacher rank (code 15a.205) shall be equivalent to the time holding the title of Class-II preschool teacher (code V.07.02.25).

2. The time of holding the title of Class-III preschool teacher (code V.07.02.05) or holding the main preschool teacher rank (code 15a.206) shall be equivalent to the time holding the title of Class-III preschool teacher (code V.07.02.26).

3. The time of holding the title of Class-IV preschool teacher (code V.07.02.06) or holding the preschool teacher rank (code 15.115) shall be equivalent to the time holding the title of Class-III preschool teacher (code V.07.02.26) from the time teachers archive the standardized educational qualifications for preschool teachers specified in Law on Education 2019.

4. For cases where the teacher takes the exam or is considered for promotion to the title of Class-I preschool teacher (code V.07.02.24), if he/she has a master's degree or higher that meets the qualification standards for Class-I preschool teachers, and has held the title of Class-II preschool teacher (code V.07.02.25) or equivalent for at least 06 (six) years up to the deadline for submitting the application for the exam registration or promotion consideration, he/she will be deemed meeting the requirements for the duration of holding the class as prescribed in Point e of Clause 4, Article 5 hereof."

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 “1. This Circular is the ground for carrying out the recruitment, use and management of preschool teachers in public preschools in the national education system.”

13. Amendment to Point a of Clause 2 of Article 11:

 “a) Prepare and submit a plan for appointing professional titles and salary classification for preschool teachers in public preschools under the management, to competent authorities for review and decision or decision by granted authority;”

14. Point b of Clause 1 of Article 3, Clause 2 of, Article 3, Clause 2 of Article 4, Clause 2 of Article 5 are annulled.

Article 2. Amendments to Circular No. 01/2021/TT-BGDDT dated February 2, 2021 of the Ministry of Education and Training on codes, standards of professional titles, appointment, and salary classification for public employees teaching in public primary schools

1. Addition of Article 2a after Article 2:

"Article 2a Ethical standards

1. Comply with the CPV's guidelines and policies, the State's laws, and regulations of the central and local authorities on primary education.

2. Maintain teachers’ dignity, responsibility, good qualities and trustworthiness; set an example to students.

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4. Strictly comply with regulations on the common responsibilities and obligations of public employees and regulations of the Ministry of Education and Training on teachers' ethics."

2. Amendments to Point b of Clause 3 of Article 3, Point b of Clause 3 of Article 4 and Point b of Clause 3 of Article 5:

 “b). Possess a certificate of completion of refresher training for primary school teachers.”

3. Amendments to Point g of Clause 4 of Article 3, Point g of Clause 4 of Article 4 and Point dd of Clause 4 of Article 5:

 “Be able to apply information technology in professional activities; be able to use foreign languages ​​or ethnic minority languages ​​as required by the job position;”

4. Amendment to Point i of Clause 4 of Article 4:

 “i) Public employees taking the exam or being considered for promotion Class-II primary school teacher (code V.07.03.28) must hold the title of Class-III primary school teacher (code V.07.03.29) or equivalent for a minimum of 09 (nine) years (excluding probationary period) up to the deadline for submitting applications for the examination registration or promotion consideration."

5. Amendment to Point a of Clause 3 of Article 5:

"a) Possess a bachelor’s degree or higher in pedagogy training for primary school teachers.

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6. Amendment to Point g of Clause 4 of Article 5:

 “g) Public employees taking the exam or being considered for promotion Class-I primary school teacher (code V.07.03.27) must hold the title of Class-II primary school teacher (code V.07.03.28) or equivalent for a minimum of 06 (six) years (excluding probationary period) up to the deadline for submitting applications for the examination registration or promotion consideration."

7. Amendment to Article 7:

 “Article 7. Cases of appointment to professional titles of primary school teachers

1. Public employees who have been appointed to the professional titles of primary school teachers as prescribed in Joint Circular No. 21/2015/TTLT-BGDDT-BNV are now appointed to the professional titles of preschool teachers prescribed herein as follows:

a) Appointment to Class-III primary school teacher (code V.07.03.29) for Class-IV primary school teacher (code V.07.03.09) who satisfies the qualification standards of Class-III primary teacher grade (code V.07.03.29);

b) Appointment to Class-III primary school teacher (code V.07.03.29) for Class-IV primary school teacher (code V.07.03.08) who satisfies the qualification standards of Class-III primary teacher grade (code V.07.03.29);

 c) Appointment to Class-II primary school teacher (code V.07.03.28) for Class-II primary school teacher (code V.07.03.07) who holds Class-III primary school teacher (code V.07.03.08) and Class-II primary school teacher (code V.07.03.07) or equivalent for a total of at least 09 (nine) years (excluding probationary period)

2. Class-II primary teachers (code V.07.03.28) are appointed to Class-I preschool teachers (code V.07.03.27) if they successfully pass the exam or are considered for promotion.”

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 “Article 9. Transitional clauses

1. If the primary school teacher does not satisfy the conditions to be appointed to the professional title of primary school teacher prescribed herein, he/she will continue to maintain his/her class, code and salary coefficient of his/her current title currently classified in accordance with Joint Circular No. 21/2015/TTLT-BGDDT-BNV. After satisfying the conditions prescribed in Article 7 hereof, he/she will be appointed to the corresponding professional title without having to go through an exam or promotion consideration.

2. In case primary school teachers do not meet the standardized educational qualifications as prescribed in Article 72 of the Law on Education 2019 but are not required to improve their standardized educational qualifications as prescribed in Decree No. 71/2020/ND-CP dated June 30, 2020 of the Government on the roadmap for improving standardized educational qualifications of preschool, primary and lower secondary school teachers, they will keep the class, code and salary coefficient of their current title until retirement.”

9. Amendment to Article 10:

 “Article 10. Implementation clauses

1. The time of holding the title of Class-II primary school teacher (code V.07.03.07) or holding the senior primary school teacher rank (code 15a.203) shall be equivalent to the time holding the title of Class-II primary school teacher (code V.07.03.28).

2. The time of holding the title of Class-IV primary school teacher (code V.07.03.09) or holding the primary school teacher rank (code 15.114) or holding the title Class-III primary school teacher or holding the main primary school teacher rank (code 15a.204) shall be equivalent to the duration holding the title of Class-III primary school teacher (code V.07.03.39) from the time teachers archive the standardized educational qualifications for primary school teachers specified in Law on Education 2019.

3. For cases where the teacher takes the exam or is considered for promotion to the title of Class-II primary school teacher (code V.07.03.28), if he/she has a master's degree or higher that meets the qualification standards for Class-II primary school teachers, and has held the title of Class-III primary school teacher (code V.07.03.29) or equivalent for at least 06 (six) years up to the deadline for submitting the application for the exam registration or promotion consideration, he/she will be deemed meeting the requirements for the duration of holding the class as prescribed in Point i of Clause 4 of Article 4 hereof."

4. Cases where teachers currently working are deemed meeting requirements of standardized educational qualifications for primary school teachers include:

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b) Teachers assigned to teach Arts (Music, Fine Arts) that have a bachelor's degree or higher in pedagogy training in Arts or Music or Fine Arts or a bachelor's degree or higher in a major relevant to Arts or Music or Fine Arts. In case of having a bachelor's degree or higher in relevant major, they must have a certificate of pedagogical training for primary school teachers in accordance with the program issued by the Minister of Education and Training.”

10. Amendment to Clause 1 of Article 11:

 “1. This Circular is the ground for carrying out the recruitment, use and management of primary school teachers in public primary schools in the national education system.”

11. Amendment to Point a of Clause 2 of Article 11:

 “a) Prepare and submit a plan for appointing professional titles and salary classification for primary school teachers in public primary schools under the management, to competent authorities for review and decision or decision by granted authority;”

12. Clause 2 of Article 3, Clause 2 of Article 4, Clause 2 of Article 5 are annulled.

Article 3. Amendments to Circular No. 03/2021/TT-BGDDT dated February 2, 2021 of the Ministry of Education and Training on codes, standards of professional titles, appointment, and salary classification for public employees teaching in public lower secondary schools

1. Addition of Article 2a after Article 2:

"Article 2a Ethical standards

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2. Maintain teachers’ dignity, responsibility, good qualities and trustworthiness; set an example to students.

3. Love, treat students fairly and respect their personalities; protect legitimate rights and interests of students; be helpful to co-workers.

4. Strictly comply with regulations on the common responsibilities and obligations of public employees and regulations of the Ministry of Education and Training on teachers' ethics."

2. Amendments to Point b of Clause 3 of Article 3, Point b of Clause 3 of Article 4 and Point b of Clause 3 of Article 5:

 “b) Possess a certificate of completion of refresher training for lower secondary school teachers.”

3. Amendments to Point h of Clause 4 of Article 3, Point h of Clause 4 of Article 4 and Point h of Clause 4 of Article 5:

 “Be able to apply information technology in professional activities; be able to use foreign languages ​​or ethnic minority languages ​​as required by the job position;”

4. Amendment to Point k of Clause 4 of Article 4:

 “k) Public employees taking the exam or being considered for promotion Class-II lower secondary school teacher (code V.07.04.31) must hold the position of Class-III lower secondary school teacher (code V.07.04.32) or equivalent for a minimum of 09 (nine) years (excluding probationary period) up to the deadline for submitting applications for the examination registration or promotion consideration."

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 “b) Act as a speaker to share their experience or demonstrator at refresher training classes for professional development for teachers from district level and above or participation in teaching on television;”;

6. Amendment to Point a of Clause 3 of Article 5:

"a) Possess a bachelor’s degree or higher in pedagogy training for lower secondary school teachers.

In case a subject does not have enough teachers with a bachelor's degree in pedagogy training, they must have a bachelor's degree in a relevant major and a certificate of pedagogical training for lower secondary school teachers in accordance with the program issued by the Minister of Education and Training;"

7. Amendment to Point k of Clause 4 of Article 5:

 “K) Public employees taking the exam or being considered for promotion Class-I lower secondary school teacher (code V.07.04.30) held the position of Class-II lower secondary school teacher (code V.07.04.31) or equivalent for a minimum of 06 (six) years (excluding probationary period) up to the deadline for submitting applications for the examination registration or promotion consideration."

8. Amendment to Article 7:

 “Article 7. Cases of appointment to professional titles of lower secondary school teachers

1. Public employees who have been appointed to the professional titles of lower secondary school teachers as prescribed in Joint Circular No. 22/2015/TTLT-BGDDT-BNV are now appointed to the professional titles of lower secondary teachers prescribed herein as follows:

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b) Appointment to Class-II lower secondary school teacher (code V.07.04.31) for Class-II lower secondary school teacher (code V.07.04.11) who holds Class-III lower secondary school teacher (code V.07.04.12) and Class-II lower secondary school teacher (code V.07.04.11) or equivalent for a total of at least 09 (nine) years (excluding probationary period);

c) Appointment to Class-II lower secondary teacher (code V.07.04.30) for Class-II lower secondary teacher (code V.07.04.10).”

9. Amendment to Article 9:

 “Article 9. Transitional clauses

1. If the lower secondary school teacher does not satisfy the conditions to be appointed to the professional title of lower secondary school teacher prescribed herein, he/she will continue to maintain his/her class, code and salary coefficient of his/her current title currently classified in accordance with Joint Circular No. 22/2015/TTLT-BGDDT-BNV. After satisfying the conditions prescribed in Article 7 hereof, he/she will be appointed to the corresponding professional title without having to go through an exam or promotion consideration.

2. In case lower secondary teachers do not meet the standardized educational qualifications as prescribed in Article 72 of the Law on Education 2019 but are not required to improve their standardized educational qualifications as prescribed in Decree No. 71/2020/ND-CP dated June 30, 2020 of the Government on the roadmap for improving standardized educational qualifications of preschool, primary and lower secondary school teachers, they will keep the class, code and salary coefficient of their current title until retirement.”

10. Amendment to Article 10:

 “Article 10. Implementation clauses

1. The time of holding the title of Class-II lower secondary school teacher (code V.07.04.10) or holding the senior lower secondary school teacher rank (code 15.112) shall be equivalent to the time holding the title of Class-II lower secondary school teacher (code V.07.04.30).

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3. The time of holding the title of Class-IV lower secondary teacher (code V.07.04.12) or holding the lower secondary teacher rank (code 15a.202) shall be equivalent to the time holding the title of Class-III lower secondary teacher (code V.07.04.32) from the time teachers archive the standardized educational qualifications for lower secondary teachers specified in Law on Education 2019.

4. For cases where the teacher takes the exam or is considered for promotion to the title of Class-II lower secondary school teacher (code V.07.04.31), if he/she has a master's degree or higher that meets the qualification standards for Class-II lower secondary school teachers, and has held the title of Class-III lower secondary school teacher (code V.07.04.32) or equivalent for at least 06 (six) years up to the deadline for submitting the application for the exam registration or promotion consideration, he/she will be deemed meeting the requirements for the duration of holding the class as prescribed in Point k of Clause 4 of Article 4 hereof."

5. Cases where teachers are deemed meeting requirements of standardized educational qualifications for lower secondary school teachers include:

a) Teachers assigned to teach History and Geography that have a bachelor's degree or higher in pedagogy training in History and Geography or a bachelor's degree or higher in a major relevant to History and Geography. In case of having a bachelor's degree or higher in relevant major, they must have a certificate of pedagogical training for lower secondary school teachers in accordance with the program issued by the Minister of Education and Training;

b) Teachers assigned to teach Natural Science that have a bachelor's degree or higher in pedagogy training in Natural Science or Physics or Chemistry or Biology or a bachelor's degree or higher in a major relevant to Natural Science or Physics or Chemistry or Biology. In case of having a bachelor's degree or higher in relevant major, they must have a certificate of pedagogical training for lower secondary school teachers in accordance with the program issued by the Minister of Education and Training;

c) Teachers assigned to teach Technology that have a bachelor's degree or higher in pedagogy training in Technology or Industrial Engineering or Agricultural Engineering or a bachelor's degree or higher in a major relevant to Technology, Agricultural Engineering, Industrial Engineering. In case of having a bachelor's degree or higher in relevant major, they must have a certificate of pedagogical training for lower secondary school teachers in accordance with the program issued by the Minister of Education and Training;

d) Teachers assigned to teach Arts (Music, Fine Arts) that have a bachelor's degree or higher in pedagogy training of Arts or Music or Fine Arts or a bachelor's degree or higher in a major in line with Arts or Music or Fine Arts. In case of having a bachelor's degree or higher in relevant major, they must have a certificate of pedagogical training for lower secondary school teachers in accordance with the program issued by the Minister of Education and Training.”

11. Amendment to Clause 1 of Article 11:

 “1. This Circular is the ground for carrying out the recruitment, use and management of lower secondary school teachers in public lower secondary schools in the national education system.”

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 “a) Prepare and submit a plan for appointing professional titles and salary classification for lower secondary school teachers in public lower secondary schools under the management, to competent authorities for review and decision or decision by granted authority;”

13. Clause 2 of Article 3, Clause 2 of Article 4, Clause 2 of Article 5 are annulled.

Article 3. Amendments to Circular No. 04/2021/TT-BGDDT dated February 2, 2021 of the Ministry of Education and Training on codes, standards of professional titles, appointment, and salary classification for public employees teaching in public upper secondary schools

1. Addition of Article 2a after Article 2:

"Article 2a Ethical standards

1. Comply with the CPV's guidelines and policies, the State's laws, and regulations of the central and local authorities on upper secondary education.

2. Maintain teachers’ dignity, responsibility, good qualities and trustworthiness; set an example to students.

3. Love, treat students fairly and respect their personalities; protect legitimate rights and interests of students; be helpful to co-workers.

4. Strictly comply with regulations on the common responsibilities and obligations of public employees and regulations of the Ministry of Education and Training on teachers' ethics."

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 “b) Possess a certificate of completion of refresher training for upper secondary school teachers.”

3. Amendments to Point k of Clause 4 of Article 3, Point g of Clause 4 of Article 4 and Point g of Clause 4 of Article 5:

 “Be able to apply information technology in professional activities; be able to use foreign languages ​​or ethnic minority languages ​​as required by the job position;”

4. Amendment to Point i of Clause 4 of Article 4:

 “i) Public employees taking the exam or being considered for promotion Class-II upper secondary school teacher (code V.07.05.14) must hold the position of Class-III upper secondary school teacher (code V.07.05.15) or equivalent for a minimum of 09 (nine) years (excluding probationary period) up to the deadline for submitting applications for the examination registration or promotion consideration."

5. Amendment to Point i of Clause 4 of Article 5:

 “i) Public employees taking the exam or being considered for promotion Class-I upper secondary school teacher (code V.07.05.13) held the position of Class-II upper secondary school teacher (code V.07.05.14) or equivalent for a minimum of 06 (six) years (excluding probationary period) up to the deadline for submitting applications for the examination registration or promotion consideration."

6. Amendment to Article 9:

 “Article 9. Implementation clauses

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2. For cases where the teacher takes the exam or is considered for promotion to the title of Class-II upper secondary school teacher (code V.07.05.14), if he/she has a master's degree or higher that meets the qualification standards for Class-II upper secondary school teachers, and has held the title of Class-III upper secondary school teacher (code V.07.05.15) or equivalent for at least 06 (six) years up to the deadline for submitting the application for the exam registration or promotion consideration, he/she will be deemed meeting the requirements for the duration of holding the class as prescribed in Point k of Clause 4 of Article 4 hereof."

3. Cases where teachers are deemed meeting requirements of standardized educational qualifications for upper secondary school teachers include:

a) Teachers assigned to teach Technology that have a bachelor's degree or higher in pedagogy training in Technology or Industrial Engineering or Agricultural Engineering or a bachelor's degree or higher in a major relevant to Technology, Agricultural Engineering, Industrial Engineering. In case of having a bachelor's degree or higher in relevant major, they must have a certificate of pedagogical training for upper secondary school teachers in accordance with the program issued by the Minister of Education and Training;

b) Teachers assigned to teach Economic and law education that have a bachelor's degree or higher in pedagogy training of Civic Education or Political Education or a bachelor's degree or higher in a major in line with Civic Education or Political Education. In case of having a bachelor's degree or higher in relevant major, they must have a certificate of pedagogical training for upper secondary school teachers in accordance with the program issued by the Minister of Education and Training;

4. Decision on appointment of professional titles of upper secondary school teachers as prescribed in Joint Circular No. 23/2015/TTLT-BGDDT-BNV shall continue to be used."

7. Amendment to Clause 1 of Article 10:

 “1. This Circular is the ground for carrying out the recruitment, use and management of upper secondary school teachers in public upper secondary schools in the national education system.”

8. Amendment to Point a of Clause 2 of Article 10:

 “a) Prepare and submit a plan for appointing professional titles and salary classification for upper secondary school teachers in public upper secondary schools under the management, to competent authorities for review and decision or decision by granted authority;”

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Article 5. Implementation clauses

2. The duties of teachers prescribed for each professional title are the tasks that teachers perform after being appointed to the title and task assigned by the head of the public service provider during the time they hold the title. The head of the public service provider may assign teachers to perform tasks of a higher-class title if the teacher is capable of performing them. For tasks by titles that public preschools and general schools are not allowed to assigned or do not have the conditions for execution, the head of the public preschool and general school shall decide to convert them to other related tasks as a basis for assessing the teachers’ task performance. Teachers are not required to provide proof of performance of their tasks after appointment in accordance with Circulars No. 01/2021/TT-BGDDT, 02/2021/TT-BGDDT, 03/2021/TT-BGDDT, 04/2021/TT-BGDDT.

3. If (i) a preschool teacher has one of the refresher training certificates according to the standards for Class-I, II, III, IV preschool teachers; a primary school teacher has one of the training certificates according to the standards for Class-I, II, III, IV primary teachers; or (ii) a lower secondary school teacher has one of the training certificates according to the standards for Class-I, II, III lower secondary school teachers; or (iii) a upper secondary school teacher has one of the training certificates according to the standards for Class-I, II, III upper secondary school teachers as prescribed by law before June 30, 202, he/she is determined to meeting the requirements for refresher training certificates according to the standards of teachers of corresponding educational levels, is allowed to used it when taking exams or being considered for promotion and does not have to attend training programs according to the standards of teachers of corresponding educational level prescribed herein.

4. Newly recruited teachers must have a refresher training certificate according to the professional title standards as prescribed during the probationary period. Newly recruited teachers who do not have to undergo probationary period must supplement the certificate within 01 (one) year from the date of recruitment. As of the effective date of this Circular, cases with less than 01 (one) year of probationary period must supplement the certificate within 01 (one) year from the effective date of this Circular

5. In case a teacher has not been appointed to a professional title appropriate to the educational level he/she is teaching or changes his/her job position and his/her current professional title does not match the requirements of the new job position, the head of the public service provider shall request the competent authority to decide on the transfer of professional in accordance with Article 30 of Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government regulating the recruitment, use and management of public employees and ensuring the following principles:

a) Appointment to a professional title corresponding to the current professional title when meeting the standards of the appointed professional title and transferring to a closest salary coefficient equal to or higher than the current title in accordance with the guidance in Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Ministry of Home Affairs guiding salary classification when rank promotion, rank transfer, transfer of types of officials and public employees and according to applicable law;

b) It is not allowed to combine transfer of professional title with promotion or with salary grade increase;

c) Upon professional title transfer, public employees are not required to have a training certificate matching the professional title standards of the transferred position;

d) The time of holding the old title shall be equivalent to the time holding the new title.

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7. In the case of preschool and general education teachers who have been appointed under Joint Circulars No. 20/2015/TTLT-BGDDT-BNV, 21/2015/TTLT-BGDDT-BNV, 22/2015/TTLT-BGDDT-BNV, and 23/2015/TTLT-BGDDT-BNV to corresponding professional titles as regulated in Circulars No. 01/2021/TT-BGDDT, 02/2021/TT-BGDDT, 03/2021/TT-BGDDT, and 04/2021/TT-BGDDT, when appointing professional titles and arranging salaries according to the amendments herein, if there is a change in the class of the appointed professional title, the competent management authority shall issue a replacement decision on professional title appointment and shall not recover the differential salary or allowance that has been paid. If, when appointing professional titles and arranging salary according to the amended regulations herein, if there is no change in the appointed professional title, it will remain the same and there is no need to issue a replacement.

8. In case a general education teacher has a bachelor's degree in a relevant major and a intermediate degree or college degree in pedagogy, or in case a general education teacher has a bachelor's degree in a relevant major and a pedagogical certificate issued by training and refresher institutions before May 22, 2021, he/she will be determined to have a bachelor's degree in a relevant major and a pedagogical certificate for the level of education being taught according to the program issued by the Minister of Education and Training.

9. A bachelor's degree in relevant major specified in qualification standards for primary, lower and upper school teachers means a bachelor's degree in pedagogy training, or a bachelor's degree in a major not related to in pedagogy training, but in which the training program of that major includes subjects or modules (belonging to the specialized knowledge block) that meet the requirements for teaching specific subjects in the General Education Program. The head of the competent authority managing the educational institution shall decide or cooperate with the training institution (where the degree is granted) to determine the suitability of the bachelor's degree for specific subjects in the General Education Program.

10. For subjects, for which there has not been a pedagogy training yet, in the general education program, the head of the educational institution shall assign existing teachers and send teachers to attend appropriate training and refresher training to ensure that they meet the standards of professional competence and teaching skills for the assigned subjects. In case a teacher has a bachelor's degree or higher in pedagogy training, or has a bachelor's degree and a pedagogical certificate, is assigned to teach a subject other than the major he/she has been trained in, and is assessed by the head of the educational institution to meet the standards of professional competence and skills to teach the assigned subject, he/she will be appointed to a professional title, have his/her salary arranged, and be registered to take the exam or be considered for promotion to the professional title according to applicable regulations.

11. In case a teacher is in the disciplinary period or is in the process of implementing regulations related to public employee discipline as prescribed in Article 56 of the Law on public employees which is amended by Clause 8 of Article 2 of the Law amending the Law on officials and the Law on public employees or in the 2021-2022 school year, he/she is assessed and classified as a public employee who has not fulfilled his/her duties, the current code and salary coefficient will remain the same until the end of the disciplinary period or if he/she is then assessed and classified as having have fulfilled his/her duties or higher, he/she will be appointed to a professional title and have his/her salary arranged according to applicable regulations.

12. From November 3, 2015 to the effective date of this Circular, in case preschool and general education teachers are appointed to a higher class after the end of the probationary period or after achieving a higher training level than the prescribed level but have not met other standards and have not passed the exam or have not been considered for promotion organized by the competent authority, they must be reappointed to the correct class in accordance with applicable regulations (including cases of recruitment before November 3, 2015 and completion of the probationary period according to regulations after November 3, 2015).

13. The appointment and salary arrangement of public preschool and general education teachers must be completed and be reported to the Ministry of Education and Training within 06 months from the effective date of this Circular.

14. In case the cited documents in this Circular are amended or replaced, the new documents shall apply.

15. The Chief of Office, Director General of the Department of Teachers and Educational Managers, Heads of relevant units under the Ministry of Education and Training; Presidents of People's Committees of provinces and centrally affiliated cities; Directors of Departments of Education and Training are responsible for implementing this Circular./.

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PP. MINISTER
DEPUTY MINISTER




Pham Ngoc Thuong

Thông tư 08/2023/TT-BGDĐT sửa đổi Thông tư 01/2021/TT-BGDĐT, 02/2021/TT-BGDĐT, 03/2021/TT-BGDĐT, 04/2021/TT-BGDĐT quy định mã số, tiêu chuẩn chức danh nghề nghiệp và bổ nhiệm, xếp lương viên chức giảng dạy trong cơ sở giáo dục mầm non, phổ thông công lập do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành