What are procedures for seconding teachers in Vietnam?

What are procedures for seconding teachers in Vietnam?

Based on Article 27 Decree 115/2020/ND-CP (amended by Clause 15, Article 1 Decree 85/2023/ND-CP) on the secondment of public employees :

Secondment of public employees

1. The secondment of public employees is carried out in the following cases:

a) According to sudden, urgent tasks;

b) To perform tasks that need to be resolved within a certain period.

2. The period of secondment of public employees shall not exceed 03 years. For specific sectors or fields, the secondment period is implemented according to the regulations of specialized law. When the secondment period ends, the agency or unit from which the public employee was seconded shall review and decide whether to end or extend the secondment period for the public employee.

3. The seconded public employee must comply with the assignment, arrangement, evaluation, and inspection of task performance by the agency, organization, or unit to which they are seconded.

4. Authority to second public employees:

a) The head of the agency with recruitment authority as stipulated in Article 7 of this Decree decides on the secondment of public employees.

b) The secondment of public employees to perform tasks at positions held by officials must be approved by the head of the agency with management authority over officials.

5. Procedures for seconding public employees:

a) Step 1: Discuss and seek opinions from the leadership collective of the unit receiving the seconded 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. Seconded public employees are entitled to the benefits stipulated in Clauses 4, 5, and 6 of Article 36 of the Law on Public Employees. If the agency, organization, or unit to which the seconded public employee is sent has special policies, the public employee, in addition to salary and other benefits provided by the seconding agency, shall also enjoy special policies provided by the receiving agency, organization, or unit.

Thus, the procedures for seconding teachers are as follows:

- Step 1: Discuss and seek opinions from the leadership collective of the unit receiving the seconded 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 on the secondment of the teacher.

What are procedures for seconding teachers in Vietnam? (Image from the Internet)

What regulations in Vietnam must seconded teachers, as public employees, comply with?

Based on Article 36 Law on Public Employees 2010, seconded teachers, as public employees, must comply with the following regulations:

- The secondment period shall not exceed 03 years, except for some sectors and fields as regulated by the Government of Vietnam.

- The seconded teacher must comply with the task assignment and management of the agency, organization, or unit to which they are seconded.

- During the secondment period, the public service provider assigning the public employee must ensure the salary and other benefits of the public employee.

- Teachers seconded to mountainous, border, island areas, remote regions, ethnic minority areas, and areas with special socio-economic difficulties shall be entitled to support policies as regulated by the Government of Vietnam.

- At the end of the secondment period, the teacher shall return to their previous unit. The head of the public service provider that seconded the teacher is responsible for receiving and arranging a suitable job for the teacher according to their expertise and professional skills.

- Female teachers who are pregnant or raising children under 36 months old shall not be seconded.

Is seconding teachers a part of the management content of public employees in Vietnam?

Based on Article 61 Decree 115/2020/ND-CP:

Management content of public employees

1. Develop plans and master plans for public employees.

2. Prescribe the standards for public employee occupational titles, determine job positions, and structure public employees according to occupational titles and the number of employees corresponding.

3. Organize the recruitment, signing of employment contracts, arrangement, assignment of tasks, secondment, inspection, and evaluation of public employees.

4. Organize the implementation of occupational title changes.

5. Implement policies and training for public employees.

6. Implement policies on salary and other incentive policies for public employees.

7. Organize reward and disciplinary actions against public employees.

8. Resolve resignation and retirement for public employees.

9. Implement policies on reporting, statistics, and managing public employee records.

10. Inspect and supervise the implementation of legal provisions on public employees.

11. Resolve complaints and denunciations against public employees.

Thus, seconding teachers is one of the management content for public employees that the public service provider needs to develop.