Shall secondary school teachers be considered for the title of Advanced Laborer of Vietnam?
Are public secondary school teachers public employees in Vietnam?
First of all, a public employee is a Vietnamese citizen recruited based on job position, working at a public service provider under employment contract policies, and receiving a salary from the public service provider’s salary fund, as provided by law. (According to Article 2 of the Law on Public Employees 2010)
Based on Article 9 of the Law on Public Employees 2010, a public service provider is defined as follows:
Public service provider and its organizational structure managing the activities of public service providers
1. A public service provider is an organization established by a competent State authority, political organization, or socio-political organization, having legal person status, providing public services, and serving state management.
2. Public service providers include:
a) Public service providers granted full autonomy in task performance, finance, organizational structure, and personnel (hereinafter referred to as autonomous public service providers);
b) Public service providers not yet granted full autonomy in task performance, finance, organizational structure, and personnel (hereinafter referred to as non-autonomous public service providers).
Educational institutions from kindergarten to university, if under the Ministry of Education and Training, are public service providers. Therefore, public secondary schools are public service providers.
Thus, teachers working in public secondary schools under employment contract policies are considered public employees.
Shall secondary school teachers be considered for the title of Advanced Laborer of Vietnam?
Since teachers at public secondary schools are public employees, based on Clause 1, Article 24 of the Law on Emulation and Commendation 2022, the title of “Advanced Laborer” in the Education sector is awarded annually at the end of the academic year or work year to individuals in units under the Ministry, units directly under the Ministry, national universities, and those meeting the following standards:
Title of “Advanced Laborer”, “Advanced Warrior”
1. The title of “Advanced Laborer” is awarded to officials and public employees, and workers who meet the following standards:
a) Completing tasks well or better;
b) Exhibiting self-reliance, self-improvement, solidarity, mutual support, and active participation in emulation movements.
...
In cases where individuals are seconded or sent to other agencies or units for a certain period, the consideration for awarding the title of "Advanced Laborer" is decided by the agency, organization, or unit that seconded or transferred them, with confirmation from the receiving agency, organization, or unit.
For seconded officers of the Vietnam People’s Army and the People’s Public Security, the implementation follows the provisions of the law.
According to Article 3 of Circular 29/2023/TT-BGDDT, the title of “Advanced Laborer” in the Education sector for Deputy Ministers and officials of units without legal person status under the Ministry is decided and recognized by the Minister of Education and Training.
For heads of units with legal person status under the Ministry, units directly under the Ministry, and directors of national universities, the title of “Advanced Laborer” is awarded to individuals under their direct management.
Therefore, secondary school teachers can be considered for the title of Advanced Laborer if they meet the required conditions.
Shall secondary school teachers be considered for the title of Advanced Laborer of Vietnam? (Image from the Internet)
Who has the authority to propose the award of the title of Advanced Laborer of Vietnam for secondary school teachers?
Based on Clause 1, Article 12 of Circular 29/2023/TT-BGDDT, the authority to propose the award of emulation titles and commendations is as follows:
Authority to propose the award of emulation titles and commendations
1. The head of a unit without legal person status under the Ministry submits to the Minister of Education and Training to award the title of “Advanced Collective Laborer”, “Advanced Laborer”, “Grassroots Emulative Warrior”.
2. The head of a unit under the Ministry, units directly under the Ministry
a) Submits to the Minister of Education and Training to award the title of “Excellent Collective Laborer”, “Flag of Emulation from the Ministry of Education and Training”, “Ministry-level Emulative Warrior”, Certificate of Merit from the Minister, Commemorative Medal;
b) Submits to the Minister of Education and Training for consideration and submission to competent authorities for State-level commendations according to regulations.
3. The director of a national university submits to the Minister of Education and Training to award the title of “Excellent Collective Laborer”, “Flag of Emulation from the Ministry of Education and Training”, “Ministry-level Emulative Warrior”, Certificate of Merit from the Minister, and Commemorative Medal for collectives and individuals within their management authority.
4. The director of the Department of Education and Training
a) Submits to the Minister of Education and Training to award Certificates of Merit to collectives and individuals of educational institutions under the management of the Department of Education and Training, the Division of Education and Training (excluding commendations for merit);
b) Submits to the Minister of Education and Training to award Commemorative Medals to individuals of educational institutions under the management of the Department of Education and Training, the Division of Education and Training.
....
Therefore, the head of a unit without legal person status under the Ministry submits to the Minister of Education and Training has the authority to propose the award of the title of Advanced Laborer for secondary school teachers.
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