How long is the summer break for public school teachers in Vietnam?

What are the duties and rights of public school teachers in Vietnam?

According to Article 69 of the Education Law 2019, public school teachers have the following duties:

- Teaching and educating according to the goals and principles of education, fully implementing and maintaining the quality of the educational program.

- Setting an example in fulfilling civic duties, adhering to school regulations, and following the teachers' code of conduct.

- Maintaining the integrity, reputation, and honor of the teaching profession; respecting and treating students fairly; protecting the legitimate rights and interests of students.

- Studying and training to enhance moral qualities, political awareness, professional knowledge, and teaching methods, thereby setting a good example for students.

According to Article 70 of the Education Law 2019, public primary school teachers have the following rights:

- The right to teach according to their specialized training.

- The right to receive training and professional development to enhance political awareness and professional competencies.

- The right to guest lecture and participate in scientific research at other educational or research institutions.- The right to respect, protection of dignity, honor, and physical safety.

- The right to summer break as regulated by the Government of Vietnam and other statutory holidays.

Duration of Summer Break for Public School Teachers (Image from the Internet)

How long is the summer break for public school teachers in Vietnam?

Based on Clause 3, Article 5 of Circular 28/2009/TT-BGDDT as amended by Clause 4, Article 1 of Circular 15/2017/TT-BGDDT which stipulates:

Working Time and Annual Leave

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3. The annual leave for teachers includes summer break, Lunar New Year holiday, semester break, and other statutory holidays. Specifically:

a) The annual summer break for teachers is 2 months (including statutory annual leave), and they shall receive full salary and allowances (if any).

b) Lunar New Year and semester breaks are arranged as per the regulations of the Minister of Education and Training;

c) Other holidays as per the Labor Code.

Based on the academic year plan, scale, and specific conditions of each school, the principal arranges the annual leave for teachers reasonably.

Thus, the annual summer break for teachers is 2 months (including statutory annual leave as per the Labor Code 2019), with full salary and allowances (if any).

Additionally, for teachers in other types of schools, the summer break is specified in Article 3 of Decree 84/2020/ND-CP as follows:

Summer Break for Educators

1. The annual summer break for educators is as follows:

a) The annual summer break for teachers in preschools and general education institutions, including special schools, is 8 weeks, including statutory annual leave;

b) The annual summer break for teachers at intermediate schools and lecturers at colleges is 6 weeks, including statutory annual leave;

c) The annual summer break for lecturers at higher education institutions is stipulated by the regulations of the specific higher education institution;

d) In cases of emergencies such as disaster response, disease prevention, or urgent situations, the summer break for teachers at preschools, general education institutions, special schools, intermediate schools, and colleges shall be decided by the Minister of Education and Training or the Minister of Labor, Invalids and Social Affairs according to their respective authorities.

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Therefore, the summer break for teachers can range from 6 weeks to 2 months depending on the type and level of education.

Are public school teachers required to be on duty during the summer in Vietnam?

According to Article 13 of the Public Employees Law 2010:

Public Employees' Rights to Rest

1. Public employees are entitled to annual leave, public holidays, and personal leave in accordance with labor laws. If required by work demands, public employees who do not use all or part of their annual leave are entitled to receive a monetary compensation for the unused days.

2. Public employees working in mountainous, border, island, remote, or specially difficult regions may, if required, combine their annual leave for two years to take one continuous leave; for combining three years' leave, approval of the head of the public service provider is needed.

3. Public employees in special careers are entitled to leave and benefits per specific laws.

4. Public employees can take unpaid leave for legitimate reasons with the approval of the head of the public service provider.

Therefore, teachers being public employees have the right to rest during the summer break, and the school cannot compel them to attend during this period.

Except for special cases of overtime as in Article 108 of the Labor Code 2019, if the school forces teachers to attend during summer without the teachers' consent, it is considered a violation of the working, rest hours and subject to penalties as in Clause 3, Article 18 of Decree 12/2022/ND-CP:

Violations Related to Working and Rest Hours

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3. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on employers committing any of the following acts:

a) Exceeding the normal working hours established by law;

b) Compelling employees to work overtime without their consent, except in cases specified in Article 108 of the Labor Code.

Note: According to Clause 1, Article 6 of Decree 12/2022/ND-CP, the administrative penalty applies to individual employers, and for companies (organizations), the fine is doubled.

Therefore, the school may face fines between VND 40,000,000 and VND 50,000,000 for compelling teachers to attend during the summer.