Who has the authority to discipline lower secondary school teachers in Vietnam?
Who has the authority to discipline lower secondary school teachers in Vietnam?
Under point d, clause 1, Article 11 of the lower secondary school, upper secondary school and multi-level school charter issued together with Circular 32/2020/TT-BGDDT, the regulations regarding the principal and vice-principal of secondary and high schools are as follows:
Principal and Vice-Principal
1. Principal
...
d) Duties and rights of principal:
...
- Recruit and manage teachers and staff; sign employment contracts with teachers and staff, and receive and relocate teachers and staff; manage academic matters; assign tasks to teachers and staff, inspect and evaluate teachers and staff; and reward and discipline teachers and staff as prescribed by law;
...
Therefore, the principal of the lower secondary school shall discipline lower secondary school teachers in Vietnam.
Who has the authority to discipline lower secondary school teachers in Vietnam? (Image from the Internet)
What are the disciplinary measures against lower secondary school teachers in Vietnam?
According to Article 15 of Decree 112/2020/ND-CP the disciplinary measures are specified as follows:
Disciplinary measures against public employees
1. Disciplinary measures against public employees who do not hold managerial positions
a) Reprimand.
b) Warning.
c) Dismissal.
2. Disciplinary measures against public employees who hold managerial positions
a) Reprimand.
b) Warning.
c) Demotion.
d) Dismissal.
A public employee disciplined under one of the measures specified in this Article may also be restricted in performing professional activities according to relevant legal regulations."
According to the above regulations, teachers are public employees who are categorized into two types: those who do not hold managerial positions and those who hold managerial positions.
Therefore, lower secondary school teachers who are public employees who do not hold managerial positions or who hold managerial positions will be disciplined through the following forms: reprimand, warning, or dismissal, depending on the severity of the violation.
*Specifically, lower secondary school teachers who hold managerial positions will also be subject to an additional disciplinary measure which is demotion.
What are the regulations on taking disciplinary measures against lower secondary school teachers in Vietnam?
According to Article 16 of Decree 112/2020/ND-CP (amended by Clause 7, Article 1 of Decree 71/2023/ND-CP), the reprimand is taken against first-time violations that cause minor consequences, excluding behaviors specified in Clause 3, Article 17 of Decree 112/2020/ND-CP, in one of the following cases:
- Failing to comply with professional, ethical, and conduct rules during professional activities, having been warned in writing by authorized bodies;
- Violating legal regulations concerning: fulfilling responsibilities and duties of public employees; labor discipline; internal regulations of the public service provider having been warned in writing by authorized bodies;
- Exploiting work positions for personal gain; being arrogant, authoritative, or causing difficulties and inconvenience for citizens during task implementation; confirming or issuing legal documents for unqualified individuals; offending the honor, dignity, and reputation of others while carrying out professional activities;
- Evading, failing to perform or improperly and incompletely performing duties according to legal regulations, internal regulations of the agency, organization, or unit, or tasks assigned by authorized bodies without a legitimate reason; failing to comply with transfer and task assignments by authorized bodies; causing disunity in the agency, organization, or unit;
- Violating legal rules concerning: crime prevention; social vice prevention; order, safety, and anti-corruption; thrift practice and waste prevention;
- Violating state secret protection regulations;
- Violating legal rules regarding complaints and denunciations;
- Violating legal rules concerning: investment, construction; land, environment resources; finance, accounting, banking; management and use of public assets during professional activities;
- Violating legal regulations on: domestic violence prevention; population, marriage, and family; gender equality; social welfare; other regulations of the Communist Party and relevant laws concerning public employees.
Do public lower secondary school teachers dismissed for disciplinary actions receive severance allowances?
According to Clause 2, Article 45 of Law on Public Employees 2010, the policies on severance are as follows:
Severance regime
1. When terminating working contracts, public employees are entitled to severance allowance, job loss allowance or social insurance benefits under the labor law and social insurance law, except the cases specified in Clause 2 of this Article.
2. Public employees are not entitled to severance allowance if falling into any of the following cases
a/ Being sacked:
b/ Unilaterally terminating working contracts in violation of Clauses 4. 5 and 6, Article 29 of this Law;
c/ Terminating working contracts under Clause 5, Article 28 of this Law.
Therefore, according to the above regulations, public lower secondary school teachers dismissed for disciplinary actions will not be entitled to severance allowances.
