Vietnam: 06 important regulations for officials and public employees applied from November 2020

In November 2020, many policies related to officials and public employees will take effect. LAWNET would like to summarize the important and outstanding policies sent to Customers and Members as follows.

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1. Adding criteria to classify the position of public employees

Specifically, Article 5 of Decree No. 106/2020/NĐ-CP of Vietnam’s Government has added criteria on classification of employment positions of public employees. Thus, from November 15, 2020 (the effective date of Decree No. 106/2020/NĐ-CP), in addition to the classification by workload as before, the positions of public employees are classified by nature and content of work as follows:

Classification by workload:

- Position held by one person;

- Position taken by many people;

- Part-time position.

Classification by nature and content of work:

- Leadership and management positions;

- Positions according to specialized professional titles;

- Positions according to professional titles used in common (administrative, general, office administration, personnel organization, financial planning and employment positions that do not hold specialized professional titles of public non-business units);

- Support and service positions.

2. Preschools teachers working under the labor contract regime will be ranked grade IV public employees until the end of 2021

According to Clause 3 Article 15 of Decree No. 105/2020/NĐ-CP of Vietnam’s Government (effective from November 11, 2020), preschool teachers working under the labor contract regime within the teacher norm approved by competent authorities in public preschool education institutions meeting the qualifications for the title of grade IV preschool teacher (code V.07.02.06) or higher shall be entitled to signing a labor contract and earning a salary as a grade IV preschool teacher (code V.07.02.06) until the end of 2021.

Besides, according to Article 10 of Decree No. 105/2020/NĐ-CP of Vietnam’s Government, early childhood education teachers currently working in people-founded or private preschool institutions granted the establishment license by the competent authority, operating under the law and located near an industrial park shall be entitled to at least VND 800.000 each month when satisfying the following conditions:

- Meet the standards for the title of early childhood education teacher as prescribed by law;

- Work under a labor contract with the legal representative of the people-founded or private preschool institution;

- Directly provide care and education for students of a junior kindergarten class/senior kindergarten class at least 30% of the students of which are children of workers of the industrial park.

3. Standard teaching hours of public employees who are lecturers of pedagogical colleges are from 270 to 420 hours for each academic year

According to Article 3 of the Circular No. 36/2020/TT-BGDĐT of the Ministry of Education and Training of Vietnam (effective from November 20, 2020), working regulations for lecturers of pedagogical colleges and colleges providing college programs in pedagogical studies are as follows:

- Lecturers shall work for 44 weeks (equivalent to 1.760 office hours) in an academic year;

- Standard teaching hour norm of a lecturer in an academic year shall be from 270 to 420 standard teaching hours (equivalent to from 810 to 1.260 office hours), in which, in-class (or online) standard teaching hours must account for 50% of the assigned norm;

- Apprentice lecturers and lecturers on probation shall meet a maximum of 50% of their assigned standard teaching hour norms (from 135 to 210 standard teaching hours) and may be exempt from scientific research duties to attend classroom observations and participate in internships and field trips; 

- Teaching time in an academic year plan shall be calculated using standard teaching hour, in which a 50-minute in-class (or online) college-level study period spent teaching theory is equivalent to one standard teaching hour. (Note: For peculiar instructional contents, heads of pedagogical colleges shall convert in-class (or online) college-level study periods spent teaching theory that are longer than 50 minutes as appropriate.)

4. The highest salary of a college lecturer is VND 11.92 million/month

According to Article 9 of the Circular No. 35/2020/TT-BGDĐT of the Ministry of Education and Training of Vietnam (effective from November 20, 2020), the salary regime for public employees who are lecturers of pedagogical colleges and colleges providing college programs in pedagogical studies is as follows:

- The professional titles of advanced lecturers of pedagogical colleges (class I) are entitled to the salary coefficient of A3 and group 1 (A3.1) public employees from 6.20 to 8.00; (corresponding to salary from more than 9.2 to 11.92 million VND/month);

- The professional titles of main lecturers of pedagogical colleges (class II) are entitled to the salary coefficient of A2 and group 1 (A2.1) public employees from 4.40 to 6.78; (corresponding to salary from 6.5 to more than 10 million VND/month);

- The professional titles of lecturers at a pedagogical colleges (class III) are entitled to the salary coefficient of A1 public employees from 2.34 to 4.98; (corresponding to salary from 3.4 to more than 7.4 million VND/month).

Thus, it can be seen that the highest salary of public employees who are lecturers of pedagogical colleges and colleges providing college programs in pedagogical studies shall be VND 11.92 million/month.

5. Hanoi and Ho Chi Minh City can have up to 10 Deputy Directors

Specifically, according to Decree No. 107/2020/NĐ-CP of Vietnam’s Government, on average, each department has 03 Deputy Directors. Based on the number of departments established and the total number of deputy directors, the provincial-level People's Committees shall specifically decide the number of deputy directors of each department accordingly. Particularly for Hanoi and Ho Chi Minh City, in addition to the total number of Deputy Directors as prescribed on average, each city may increase by no more than 10 Deputy Directors.

Thus, in comparison with Decree No. 24/2014/NĐ-CP, Decree No. 107/2020/NĐ-CP has increased the maximum number of Deputy Directors of the Department for the two cities of Hanoi and Ho Chi Minh (an increase of 6 people compared to before). In addition, the new Decree also elaborates on stricter appointment regulations: "Based on the number of departments established and the total number of deputy directors, the provincial-level People's Committees shall decide specifically the number of deputy directors of each department accordingly." This is to avoid the situation that every department has 03 Deputy Directors when in fact the number of jobs does not need so many Deputy Directors.

6. There are only two deputy heads of departments in specialized agencies at district level

Specifically, according to Clause 3 Article 1 of Decree No. 108/2020/NĐ-CP of Vietnam’s Government (effective from November 25, 202), the average number of deputy heads of specialized agencies under the district-level People's Committees is 02 deputy heads. Concurrently, based on the number of specialized departments established and the total number of Deputy Heads, the district-level People's Committees shall specifically decide the number of Deputy Heads of each specialized division accordingly.

It can be seen that, compared to before, Decree No. 108/2020/NĐ-CP has reduced the number of deputy heads of specialized agencies under the district-level People's Committees from 03 people to 02 people.

Ty Na

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