Principles of calculating overtime pay for teachers in public educational institutions of Vietnam

Principles of calculating overtime pay for teachers in public educational institutions of Vietnam (Internet image) 

1. The position, roles of teachers in Vietnam

According to Article 66 of the Education Law 2019, the positions and roles of teachers in Vietnam are as follows:

- Teachers are persons who carry out teaching and educating at educational institutions, except for educational institutions prescribed in point c clause 1 Article 65 of the Education Law 2019.

Academies and institutes established by the Prime Minister of Vietnam in accordance with the Law on Science and Technology and authorised in doctoral education.

Teachers working at institutions of preschool education, general education and other educational institutions or teaching elementary-level, intermediate-level are called teachers; teachers of colleges and higher qualifications are called lecturers.

- Teachers play the decisive role in ensuring education quality, hold an important position in society and are honoured by society.

2. Principles of calculating overtime pay in Vietnam

The principles for calculating overtime pay for teachers in public educational institutions according to Article 3 of Circular 07/2013/TTLT-BGDDT-BNV-BTC are as follows:

- The monthly salary used to calculate the teacher's overtime pay, including grade pay, current rank, salary allowances, and, if applicable, a reserved difference coefficient.

- Norms of teaching hours/year for preschool teachers; norms of teaching periods/school year for high school teachers; norms of teaching hours/school year for professional intermediate teachers; standards of teaching hours/school year for teachers and vocational trainers;

The norm of teaching hours per year applies to lecturers in higher education institutions, training and retraining institutions of ministries, ministerial-level agencies, government-attached agencies, provincial political schools, and centrally run city nursing.

- The school year specified in Circular 07/2013/TTLT-BGDDT-BNV-BTC is counted from July of the previous year to the end of June of the following year.

- Teachers working in public educational institutions with multiple levels of education and vocational qualifications must adhere to the teaching hours per year prescribed for the educational level, the highest professional level in which the teacher directly participates in teaching, as assigned by the educational institution's head.

- Estimation, payment, and settlement of overtime wages shall comply with the provisions of the Law on State Budget. Public educational institutions specified in Clause 1 and Article 1 of Circular 07/2013/TTLT-BGDDT-BNV-BTC, based on the specific conditions of each unit, make payment or advance overtime salary by month or by semester as appropriate.

- Pay only the salary for overtime teaching in the unit or subject that lacks the number of teachers approved by the competent authority. Units or subjects that do not have a shortage of teachers may only be paid overtime wages when teachers are on sick leave or on maternity leave, in accordance with the Law on Social Insurance;

or go to study, foster, or join the inspection and inspection team and take part in other jobs (hereinafter referred to as doing other tasks) assigned or mobilized by competent authorities, another teacher must be arranged to teach instead.

- Time not directly participating in teaching but being counted to complete the full number of teaching hours and converted into converted teaching hours, such as sick leave and maternity leave as defined by the Social Insurance Law; time to perform other tasks assigned or mobilized by competent authorities.

- The number of hours of overtime for which overtime pay is calculated according to the provisions of Circular 07/2013/TTLT-BGDDT-BNV-BTC must not exceed the number of overtime hours as prescribed by law.

Quoc Dat

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