Vietnam: What is the guidance on calculating overtime pay for teachers?

What is the guidance on calculating overtime pay for teachers in Vietnam?

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

+ Overtime pay/school year = number of overtime teaching hours/school year x Pay for 01 overtime teaching hour;

+ Pay for 01 overtime teaching hour = Pay for 01 teaching hour x 150%;

+ Pay for 01 teaching hour:

++ For teachers of preschools, general education institutions, professional post-secondary schools, and teachers, and lecturers of vocational institutions:

For educators involved in the management of or assigned as the leader of the Ho Chi Minh Young Pioneer Organization, Ho Chi Minh Communist Youth Union officials, and Association officials at preschools, general education institutions, professional post-secondary schools, and vocational institutions, the calculation of pay is made according to the formula mentioned above. The annual teaching hours are those of the corresponding education level, grade, and subject of that institution;

++ For lecturers of universities, training and retraining institutions of Ministries, ministerial-level agencies, Government-affiliated agencies, and Political Schools of provinces and centrally governed cities:

For educators involved in management, Ho Chi Minh Communist Youth Union officials, and Association officials participating in teaching at universities, training and retraining institutions of Ministries, ministerial-level agencies, Government-affiliated agencies, and Political Schools of provinces and centrally governed cities, the calculation pay is made according to the formula mentioned above. The annual teaching hours are those of lecturers with the same titles, subjects, and disciplines of that institution.

What are the notes when calculating the overtime pay for teachers in Vietnam?

According to Article 4 Joint Circular 07/2013/TTLT-BGDDT-BNV-BTC, the calculation of overtime pay must observe the following regulations:

- Number of overtime teaching hours/school year = [Actual teaching hours/school year + Converted teaching hours/school year (if any) + Additional teaching hours/school year (if any) + Reduced teaching hours according to policies/school year (if any)] - (Annual teaching hour norm).

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

- The overtime pay for subjects specified in point b, clause 2, Article 1 of Joint Circular 07/2013/TTLT-BGDDT-BNV-BTC shall follow Joint Circular 08/2005/TTLT-BNV-BTC.

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

What is the guidance on calculating overtime pay for teachers in Vietnam? (Image from the Internet)

What are the rules for calculating overtime pay for public school teachers in Vietnam?

According to Article 3 of Joint Circular 07/2013/TTLT-BGDDT-BNV-BTC, the principles for calculating and paying overtime pay for teachers working at public educational institutions are as follows:

- The monthly salary used as the basis for calculating overtime pay for educators includes the current grade/step-based salary allowances, and the coefficient of residual difference (if any).

- The annual teaching hour norm for preschool teachers; teaching period norms per school year for general education teachers; teaching hours per school year for professional post-secondary school teachers; teaching hour standards per academic year for vocational teachers and lecturers; standard teaching hours per year for university lecturers, training institutions of Ministries, ministerial-level agencies, Government-affiliated agencies, and Political Schools of provinces and centrally governed cities are collectively referred to as annual teaching hour norms.

The school year is from July of the previous year to the end of June of the following year.

- For educators working at public educational institutions with multiple education levels and vocational degrees, the annual teaching hour norm for the highest level and vocational degree in which the educator directly participates in teaching according to the assignment of the head of the educational institution will be applied.

- The formulation, payment, and settlement of the budget for overtime pay follow the provisions of the Law on State Budget 2015. Public educational institutions specified in clause 1, Article 1 of Joint Circular 07/2013/TTLT-BGDDT-BNV-BTC, based on the specific conditions of each unit, can settle or prepay overtime pay monthly or per semester as appropriate.

- Overtime pay payment is only made for units or subjects lacking educators as approved by the competent authority. Units or subjects not lacking educators will only be paid overtime pay when educators are on sick leave, maternity leave as stipulated in the Law on Social Insurance 2014, or on study leave, participating in inspections, audits, and other tasks (hereafter collectively referred to as performing other tasks) assigned and mobilized by the competent authority, requiring other educators to replace them.

- The time not directly involved in teaching but counted as completing the required teaching hours, including sickness leave, maternity leave as stipulated in the Law on Social Insurance 2014; and period for performing other tasks assigned and mobilized by the competent authority.

- The number of overtime teaching hours eligible for overtime pay as stipulated in this Joint Circular must not exceed the legally prescribed overtime hours.

Thus, overtime pay for teachers will be calculated based on the current grade/step-based salary allowances, and the coefficient of residual difference.