Vietnam: What are the regulations on salary change and grading of teachers transferring to other schools to teach?

What are the regulations on salary change and grading of teachers transferring to other schools to teach in Vietnam?

According to Article 20 of Decree 115/2020/ND-CP:

Contents related to employment contracts

1. The employment contract is signed in writing between the public employee or the person recruited as a public employee and the head of the public service provider. In case the public employee is the head of the public service provider, the employment contract is signed by the competent authority managing the public service provider.

2. Public employees recruited before July 1, 2020, but currently performing a fixed-term employment contract, shall continue to perform the signed employment contract. Even if the public employee transfers to another public service provider according to the provisions of Clause 4 of this Article, after the term of the signed employment contract ends, the public employee shall be signed an indefinite-term employment contract if they meet all the requirements under the law.

3. During the implementation of the employment contract, if there are changes to the content of the employment contract, the public employee or the person recruited as a public employee must agree with the head of the public service provider on those changes. These changes shall be made through signing an annex to the employment contract or a new employment contract containing those changes.

4. In case a public employee is agreed by the competent authority to transfer to another public service provider, they shall not undergo new recruitment or be subject to resignation policies. However, they must sign a new employment contract with the head of the receiving public service provider or the competent authority managing the public service provider, and salary policies for public employees shall be implemented accordingly based on the type of employment contract being signed at the previous public service provider, competence, educational level, work process, salary progression, and the period of compulsory social insurance premium payment of the public employee.

According to the provisions at Point c, Clause 3, Section 2 of Circular 79/2005/TT-BNV on salary change and grading principles:

Salary change and grading principles

...

3- For officials and public employees under the rank of officials and public employees or professional titles in the Court, Prosecution (hereinafter collectively referred to as officials and public employees).

...

c) When changing jobs or transferring, the salary grade or step cannot be combined with a salary step promotion.

If transferring to a new job that does not match the rank of the current job, the rank must be changed.

If transferring due to task requirements to a job with a lower salary level, the current salary grade and rank (including salary step promotion policies and seniority allowance policies beyond the rank for that job) retained.

In case of transfer where the new job matches the current job rank, the new agency or unit shall continue to pay the salary (including calculating the time for the next salary step promotion or considering the extra-seniority allowance if available in the current job rank) based on the salary certificate from the previous agency or unit.

...

Thus, when transferring to another school,  appropriate salary policies shall be applied to teachers based on the type of employment contract signed by the previous public service provider, competence, educational level, work process, salary progression, and the period of compulsory social insurance premium payment of the public employee.

What are the regulations on salary change and grading of teachers transferring to other schools to teach? (Image from the Internet)

What is the formula for calculating overtime pay for teachers in Vietnam?

Under Article 4 of Joint Circular 07/2013/TTLT-BGDDT-BNV-BTC on the formula for calculating overtime pay:

- Overtime pay/academic year = Overtime teaching hours/academic year x Pay for 1 overtime hour ;

- Pay for 1 overtime hour = Pay for one teaching hour x 150%;

- Pay for one teaching hour:

+ For teachers in preschool educational institutions, general education institutions, vocational high schools, and vocational teachers, and instructors:

For educators involved in management or assigned as the leader of the Ho Chi Minh Young Pioneer Organization, Ho Chi Minh Communist Youth Union officers, Association officers in preschool educational institutions, general education institutions, vocational high schools, and vocational training institutions, it is calculated according to the formula mentioned above, where the teaching hour workload/year is the same as the teaching workload/year for teachers of the same level, educational institution, and subject of that educational institution;

+ For lecturers in higher educational institutions, training, and professional development institutions under the Ministry, ministerial-level agencies, government agencies, and Political Schools at the provincial or municipal level:

For educators involved in management, Ho Chi Minh Communist Youth Union officers, and Association officers participating in teaching at higher educational institutions, training, and professional development institutions under the Ministry, ministerial-level agencies, government agencies, and Political Schools at the provincial or municipal level, it is calculated according to the formula mentioned above, where the teaching hour workload/year is the same as the teaching hour workload/year for lecturers with the same title and subject of that educational institution;

- Overtime teaching hours/academic year = [Actual teaching hours/academic year + Converted teaching hours/academic year (if any) + Additional calculated teaching hours/academic year (if any) + Hours reduced per policies/academic year (if any)] - (Annual teaching workload).

- The annual teaching workload is calculated based on the regulations in the documents specified in Clause 1, Article 2 of Joint Circular 07/2013/TTLT-BGDDT-BNV-BTC.

- Overtime pay for the subjects stipulated in Point b, Clause 2, Article 1 of Joint Circular 07/2013/TTLT-BGDDT-BNV-BTC is implemented according to the provisions of Joint Circular 08/2005/TTLT-BNV-BTC.

Note: This regulation only applies to educators in public educational institutions.

What is the calculation of salaries paid to teachers in Vietnam when the statutory pay rate is increased to 2.34 million VND?

Under Decree 204/2004/ND-CP, the salaries of officials and public employees are calculated as follows:

Salary = Statutory pay rate x Salary coefficient

At the same time, according to Decree 73/2024/ND-CP, when increasing the statutory pay rate to VND 2,340,000/month from July 1, 2024, the salary calculation for teachers is as follows:

Salary = VND 2,340,000 x Salary coefficient

Unit: VND/month

Where:

- The salary coefficient for preschool teachers is applied according to Article 8 of Circular 01/2021/TT-BGDDT.

- The salary coefficient for primary school teachers is applied according to Article 8 of Circular 02/2021/TT-BGDDT.

- The salary coefficient for lower secondary school teachers is applied according to Article 7 of Circular 03/2021/TT-BGDDT as amended by Clause 8, Article 3 of Circular 08/2023/TT-BGDDT.

- The salary coefficient for upper secondary school teachers is applied according to Article 8 of Circular 04/2021/TT-BGDDT.

- The salary coefficient for university lecturers is applied according to Article 10 of Circular 40/2020/TT-BGDDT.

Note: The above salary calculation for teachers is based only on the salary coefficient and statutory pay rate according to regulations and does not include allowances (if any).