Are principals considered as civil servants in Vietnam?
Are principals considered as civil servants in Vietnam? Are teachers civil servants or public employees?
Hello Lawnet. As far as I know, principals are civil servants in Vietnam. However, someone says that they are not considered as civil servants anymore. Is it correct? Looking forward to your answer.
Are principals considered as civil servants in Vietnam?
Pursuant to Clause 2, Article 4 of the Law on Cadres and Civil Servants in 2008 (amended by Clause 1, Article 1 of the Law on Cadres and Civil Servants and amendments on the Law of Public Employees in 2019) stipulating civil servants in Vietnam as follows:
2. Civil servants are Vietnamese citizens who are recruited and appointed to ranks, posts or titles in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central, provincial and district levels; in People’s Army agencies and units, other than officers, professional military personnel and defense workers; in People’s Police offices and units other than officers and professional non-commissioned officers, and in the leading and managerial apparatuses of public non-business units of the Communist Party of Vietnam, the State and socio-political organizations (below collectively referred to as public non-business units), included in the payrolls and salaried from the state budget.
According to the above provisions, principals are no longer civil servants because they don't performs the civil servant regime in a public non-business unit.
Are teachers civil servants or public employees?
Pursuant to Article 2 of the Law on Public Employees in 2010 stipulating as follows:
Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.
In addition, pursuant to Clause 2, Article 4 of the Law on Cadres and Civil Servants in 2008 (amended by Clause 1, Article 1 of the Law on Cadres and Civil Servants and amendments on the Law of Public Employees in 2019) stipulating civil servants, which is mentioned in the last question.
As regulations above, teachers are public employees as they work in public non-business units under working contracts.
Best regards!
