How to implement the secondment procedure for teachers who are public employees?

What is the secondment of teachers as public employees?

According to Clause 1, Article 36 of the 2010 Law on Public Employees of Vietnam stipulating the secondment of public employees:

Secondment of public employees

1. Secondment of public employee is the transfer of a public employee of a public non-business unit to work at another agency, organization or unit according to task requirements for a specified period. Heads of public non-business units or competent agencies managing public non-business units shall decide on the secondment of public employees.

The secondment of teachers as public employees is the act of teachers from one public service provider (public educational institution) being sent to work at another agency, organization, or unit as required for a certain period.

How are the procedures for the secondment of teachers as public employees carried out? (Image from the Internet)

General regulations on the secondment of teachers as public employees

Based on Article 36 of the 2010 Law on Public Employees, stipulating the secondment of public employees in general and teachers in particular:

Secondment of public employees

1. Secondment of public employee is the transfer of a public employee of a public non-business unit to work at another agency, organization or unit according to task requirements for a specified period. Heads of public non-business units or competent agencies managing public non-business units shall decide on the secondment of public employees.

2. The period of secondment is 3 years at most, except for a number of sectors and fields as stipulated by the Government.

3. Secondees shall comply with work assignment and management by agencies, organizations or units they are seconded to.

4. During the period of secondment, seconding public non-business units shall assure salaries and other benefits for secondees.

5. Secondees working in mountainous, border, island, deep-lying, remote, ethnic minority areas or areas with extremely difficult socio-economic conditions are entitled to support policies as stipulated by the Government.

6. At the end of the period of secondment, secondees may return to their former units. Heads of seconding public non-business units shall receive them back and arrange jobs suitable to their qualifications and skills.

7. Secondment is not applicable to female public employees who are pregnant or nursing under 36-months-old babies.

The secondment of teachers as public employees must comply with the following regulations:

- The term of secondment shall not exceed 03 years, except for certain sectors and fields specified by the Government of Vietnam.

- Teachers sent on secondment must comply with work assignments and be subject to the management of the agency, organization, or unit to which they are sent.

- During the secondment period, the public service provider that sends the public employee on secondment is responsible for ensuring the salary and other benefits of the public employee.

- Teachers sent on secondment to mountainous, border, island areas, remote, ethnic minority areas, or areas with especially difficult socio-economic conditions shall receive support policies as prescribed by the Government of Vietnam.

- At the end of the secondment period, the teacher returns to their original unit. The head of the public service provider that sends the teacher on secondment is responsible for receiving them back and arranging work suitable to their profession and expertise.

- Do not second pregnant female teachers or those raising children under 36 months old.

Procedures for the secondment of teachers as public employees

According to Article 27 of Decree 115/2020/ND-CP of Vietnam's Government, amended by Clause 15, Article 1 of Decree 85/2023/ND-CP as follows:

Secondment of public employees

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5. Procedures for the secondment of public employees:

a) Step 1: Discuss and seek opinions from the collective leadership of the receiving unit regarding the secondment of the public employee;

b) Step 2: Meet with the public employee to discuss the secondment policy and specific task requirements;

c) Step 3: Submit to the competent authority for review and decision.

6. Public employees on secondment shall enjoy the benefits stipulated in Clauses 4, 5, and 6 of Article 36 of the Law on Public Employees. If the receiving agency, organization, or unit has special policies, in addition to the salary and other benefits paid by the sending unit, the public employee shall also enjoy the special policies provided by the receiving unit.

The procedures for the secondment of teachers as public employees are carried out in the following 03 steps:

- Step 1: Discuss and seek opinions from the collective leadership of the receiving unit regarding the secondment of the teacher;

- Step 2: Meet with the teacher to discuss the secondment policy and specific task requirements;

- Step 3: Submit to the competent authority for review and decision.