Vietnam: May educational institutions allow a public employee under consideration for disciplinary action to conclude a visiting teaching contract?

May educational institutions in Vietnam allow a public employee under consideration for disciplinary action to conclude a visiting teaching contract?

Under Article 13 of the Regulations on visiting teaching in educational institutions issued with Circular 44/2011/TT-BGDDT, the following regulations are stated:

Rights of agencies and organizations where visiting teachers work

1. Do not allow Vietnamese officials and public employees to conclude visiting teaching contracts if they fall into one of the following categories:

a) Be under consideration for disciplinary action or under criminal investigation;

b) Currently be under disciplinary action ranging from a reprimand or higher;

c) Be graded as not having completed their duties in the year or the previous academic year.

2. Annually, agencies and organizations determine and publicly announce the number and structure of Vietnamese officials and public employees and employees participating in visiting teacher activities.

Thus, educational institutions in Vietnam must not allow Vietnamese officials and public employees to conclude visiting teaching contracts while they are under consideration for disciplinary action.

May educational institutions in Vietnam allow a public employee under consideration for disciplinary action to conclude a visiting teaching contract? (Image from the Internet)

What are the regulations on visiting teaching contracts in Vietnam?

Under Article 7 of the Regulations on visiting teaching in educational institutions issued with Circular 44/2011/TT-BGDDT, the regulations on visiting teaching contracts are as follows:

(1) For visiting teachers who are Vietnamese officials and public employees

- A visiting teaching contract is a service contract. The conclusion, implementation, modification, and termination of the visiting teaching contract are conducted according to the regulations in Section 7, Chapter 17 of the Civil Code 2005. No labor contract is executed for the visiting teacher activities of Vietnamese officials and public employees.

- The visiting teaching contract must include a clause where the visiting teacher commits to ensuring the completion of duties at their workplace.

(2) For visiting teachers who are not Vietnamese officials and public employees

- For the activities stated in points a, b, c, d of clause 1, Article 2 of the Regulations on visiting teaching in educational institutions issued with Circular 44/2011/TT-BGDDT, the visiting teaching contract is a labor contract as stipulated in the Labor Code 2019. The conclusion, implementation, termination, and handling of complaints and denunciations regarding the visiting teaching contract are conducted according to labor law provisions.

- For the visiting teacher activities stated at point đ of clause 1, Article 2 of these Regulations, the visiting teaching contract is a service contract. The conclusion, implementation, modification, and termination of the visiting teaching contract are conducted according to the regulations in Section 7, Chapter 17 of the Civil Code 2005.

What principles govern the conduct of visiting teacher activities?

Based on Article 4 of the Regulations on visiting teaching in educational institutions issued with Circular 44/2011/TT-BGDDT, the principles governing visiting teacher activities in educational institutions are as follows:

- Compliance with basic principles of civil relations as stipulated in the Civil Code 2015 and the legal provisions on labor, Education Law 2019.

- For public educational institutions acting as visiting teachers, compliance with the legal regulations on autonomy and accountability regarding task execution, organizational structure, staffing, and finances of public service provider education and training institutions.

- For other educational institutions acting as visiting teachers, compliance with the regulations on duties and powers of educational institutions as stipulated in the school charter, organizational and operational regulations of the educational institution.

- In the case where visiting teacher activities use the working time of Vietnamese officials and public employees, it must be approved by the head of the agency or organization where the Vietnamese officials and public employees work.

What are the responsibilities of the educational institutions with visiting teaching in Vietnam?

Under Article 10 of the Regulations on visiting teaching in educational institutions issued with Circular 44/2011/TT-BGDDT, the responsibilities of the educational institutions with visiting teaching in Vietnam are as follows:

- Develop and publicly announce the visiting teaching plan at the beginning of the academic year.

- Identify individuals meeting the standards of visiting teachers and the requirements of the visiting teacher institution, organize the conclusion of visiting teaching contracts. Publicize the list of visiting teachers.

- Fulfill the obligations of the visiting teacher institution as stipulated in the visiting teaching contract. Facilitate the use of the educational institution's equipment and means by visiting teachers to perform the visiting teaching contract.

- Implement regulations on managing and evaluating the quality of visiting teacher activities.

- Confirm the results of the visiting teaching contract execution. Notify the results to the agency or organization where the visiting teacher is working.

- Manage and retain visiting teacher records.