Nghị định 71/2020/NĐ-CP lộ trình nâng trình độ chuẩn đào tạo giáo viên

DECREE

On providing the roadmap for raising qualification standards for teachers of early childhood, primary and lower secondary schools

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Education Law dated June 14, 2019;

At the proposal of the Minister of Education and Training;

The Government hereby promulgates the Decree on providing the roadmap for raising qualification standards for teachers of early childhood, primary and lower secondary schools.

Chapter I
GENERAL REGULATIONS

Article 1. Scope of regulation and subjects of application

1. This Decree stipulates the roadmap for raising qualification standards for teachers of  early childhood, primary and lower secondary schools according to Points a and b, Clause 1, Article 72 of the Education Law (2019).

2. This Decree applies to:

a) Teachers and officers managing the education (hereinafter collectively referred to as teachers) in public, people-founded and private education institutions, including: early childhood education institutions, primary schools, lower secondary schools, multi-level general education schools including primary education level or lower secondary education level, continuing education centers, vocational - continuing education centers, specialized schools and other education institutions providing general education program of primary education level or lower secondary education level (hereinafter collectively referred to as general education institutions);

b) People’s Committees of provinces and centrally run cities (hereinafter collectively referred to as provincial People’s Committees), specialized agencies under provincial People’s Committees authorized to assign the task of ordering or attending the training bidding for raising teachers’ qualification standards (hereinafter collectively referred to as agencies assigning the tasks of ordering or bidding);

c) Training institutions for teachers; relevant agencies, organizations and individuals.

Article 2. Subjects to be raised qualification standards

1. Early childhood teachers who do not have a college or higher diploma in teacher training and from July 01, 2020, still have 07 working years (84 months) to reach the prescribed retirement age.

2. Primary teachers who do not have a bachelor’s diploma in the teacher training discipline or a bachelor’s diploma in an appropriate major and a certificate of further training in pedagogical skills or higher and from July 01, 2020, still have 08 working years (96 months) for teachers of intermediate level or 07 working years (84 months) for teachers processing a college diploma to reach the prescribed retirement age.

3. Lower secondary teachers who do not have a bachelor’s diploma in the teacher training discipline or a bachelor’s diploma in an appropriate major and a certificate of further training in pedagogical skills or higher, and from July 01, 2020, still have 07 working years (84 months) to reach the prescribed retirement age.

Article 3. Principles for implementing the roadmap for raising teachers’ qualification standards

1. The roadmap and organization to implement such roadmap for raising teachers’ qualification standards must be determined in compliance with the real situation of teachers and conditions of education institutions and localities; avoiding the lack of teachers.

2. Teachers determined to be raised the qualification standard must in the prescribed age and qualifications. To give priority to teachers with the minimum remaining working years to reach the prescribed retirement age in accordance with Article 2 of this Decree in the training. In case the teacher remaining working years fail to meet the regulation and are not subject to the raising of qualification standards, the Minister of Education and Training s regulations shall be complied with.

3. The roadmap for raising teachers’ qualification standards must be implemented in an objective, public, equity and effective manner.

Chapter II
RAISING QUALIFICATION STANDARDS FOR TEACHERS OF EARLY CHILDHOOD, PRIMARY AND LOWER SECONDARY SCHOOL

Article 4. The roadmap for raising qualification standards for teachers of early childhood teachers

1. The roadmap to be implemented from July 01, 2020 to the end of December 31, 2030.

2. The roadmap shall be divided into two stages:

a) Stage 1: From July 01, 2020 to the end of December 31, 2025: At least 60% of early childhood teachers are under training or complete the training program and are granted a college diploma in teacher training;

b) Stage 2: From January 01, 2026 to the end of December 31, 2030: To implement with the remaining teachers to ensure that 100% of early childhood teachers complete the training program and are granted a college diploma in teacher training.

Article 5. The roadmap for raising qualification standards for teachers of primary teachers

1. The roadmap to be implemented from July 01, 2020 to the end of December 31, 2030.

2. The roadmap shall be divided into two stages:

a) Stage 1: From July 01, 2020 to the end of December 31, 2025: At least 50% of primary teachers are under training or complete the training program and are granted a bachelor’s diploma;

b) Stage 2: From January 01, 2026 to the end of December 31, 2030: To implement with the remaining teachers to ensure that 100% of primary teachers complete the training program and are granted a bachelor’s diploma.

Article 6. The roadmap for raising qualification standards for teachers of lower secondary teachers

1. The roadmap to be implemented from July 01, 2020 to the end of December 31, 2030.

2. The roadmap shall be divided into two stages:

a) Stage 1: From July 01, 2020 to the end of December 31, 2025: At least 60% of lower secondary teachers are under training or complete the training program and are granted a bachelor’s diploma;

b) Stage 2: From January 01, 2026 to the end of December 31, 2030: To implement with the remaining teachers to ensure that 100% of lower secondary teachers complete the training program and are granted a bachelor’s diploma.

Article 7. Methods of assigning tasks, placing orders or bidding in training to raise teachers’ qualification standards

1. The training to raise qualification standards for teachers of early childhood, primary and lower secondary school shall comply with methods of assigning tasks, placing orders or bidding among localities and training institutions for teachers on the basis of local annual plans.

2. The assigning tasks, placing orders or bidding in training to raise teachers’ qualification standards shall comply with current regulations on assigning tasks, placing orders or bidding of products and public services using state budget from the regular expenditures.

3. The unit price for assigning tasks, placing orders or bidding in training to raise teachers’ qualification standards shall be determined by the tuition fee support for students of teacher training institutions under current regulations.

Article 8. Plans for implementing the roadmap for raising teachers’ qualification standards

1. Based on the orientation and the objectives of building and developing teachers in the whole country and localities, the teacher’s need and targets specified in Articles 4, 5 and 6 of this Decree, the plan implementation is prescribed as follows:

a) The provincial People’s Committee shall issue an annual plan to implement the roadmap for raising qualification standards for teachers of  early childhood, primary and lower secondary school;

b) The Ministry of Education and Training shall issue a five-year plan according to the 2020 - 2025 and 2026 - 2030 period.

2. Building plans:

a) The Ministry of Education and Training shall issue a five-year plan according to the 2020 - 2025 and 2026 - 2030 period, send to the provincial People’s Committee as a basis for building an annual implementation plan;

b) On an annual basis, early childhood educations and general education institutions shall build plans and send to the Division of Education and Training for summarizing and advising to the People’s Committees of districts, towns and cities of provinces (hereinafter collectively referred to as the district-level People’s Committee) for promulgating plans and submit to the Department of Education and Training, the Department of Education - Science and Technology of Bac Lieu (hereinafter collectively referred to as the Department of Education and Training);

The provincial People’s Committee shall issue an annual plan advised and proposed by the Department of Education and Training on basis of the Ministry of Education and Training s plan and the district-level People’s Committee s annual plan;

c) The provincial People’s Committee shall send such plan to the Ministry of Education and Training for summarizing, monitoring and directing the implementation organization.

3. The main contents of an annual plan and a five-year plan including:

a) Objectives, principles and methods to select and assign teachers to attend the training program;

b) To determine the roadmap; number of early childhood, primary and lower secondary teachers to be raised the qualification standard for each year and the whole roadmap;

c) Responsibilities of agencies, units and organizations, individuals for implementing the plan.

4. The five-year plan for the 2020 - 2025 period shall be issued by the Ministry of Education and Training within 30 days from the effective date of this Decree. The implementation plan for 2020 shall be issued by the provincial People’s Committee within 60 days from the effective date of this Decree; plans for the following years must be issued before December 15 of the year preceding to the implementing year.

Article 9. Fund for implementation of the roadmap for raising teachers’ qualification standards

1. Fund for implementation of the roadmap for raising teachers’ qualification standards shall be covered by the local budget under the Law on State Budget and other funds in accordance with law provisions; the central budget shall support in case the locality cannot balance its budget for such task according to law regulations on state budget.

2. People-founded and private education institutions shall ensure their funds for regimes as prescribed at Point c, Clause 1, Article 10 of this Decree for teachers sent to the training program to raise qualification standards.

3. The payment of training expenses for raising teachers’ qualification standards for education institutions assigned the task of, placing order or bidding shall comply with law provisions.

Article 10. Rights and responsibilities of teachers attending the training program to raise qualification standards

1. Rights of a teacher sent to the training program to raise qualification standards:

a) To be created favorable conditions about time and supported the tuition fee (in accordance with current regulations applicable to students of teacher training institutions) by the managing and using agency;

b) To be counted the training period into the continuous working time;

c) To be entitled to 100% of salary and policies and allowance in accordance with law provisions.

2. Responsibility of a teacher sent to the training program to raise qualification standards:

a) To comply with laws on training, regulations and provisions on the training time; to be managed by the training institution when participating in training activities;

b) To commit to performing tasks and works in the early childhood education institution or general education institution after completing the training program for a period of at least 02 times the training time;

c) During the training course, a teacher must perform his/her tasks and works as prescribed when not participating in training activities;

d) If a teacher does not complete the training program within the prescribed period and such training period shall be extended, he/she shall pay expenses arising in such extended period.

Article 11. Compensation for training expenses

1. A teacher sent to training course for raising the qualification standard must make a compensation for training expenses if falling in to any of the following cases:

a) He/she arbitrarily drops out of school, quits a job or unilaterally terminates an employment contract or labor contract during the training period;

b) He/she is not grant a certificate, except force majeure reasons certified by the competent agency;

c) He/she has completed and granted a certificate for such course but quits his/her job or unilaterally terminates an employment contract or labor contract when failing to meet the commitment time limit as prescribed at Point b, Clause 2, Article 10 of this Decree.

2. Compensation expenses, methods to calculate compensation expenses and order, procedures for compensation for training expenses shall comply with current regulations for cadres, civil servants and public employees.

Article 12. Reporting

1. The provincial People’s Committee shall report the plan in 2020 to the Ministry of Education and Training within 90 days from the effective date of this Decree. Plans of the following years shall be reported to the Ministry of Education and Training before December 15 of the year preceding the implementing year.

2. The provincial People’s Committee shall report the annual implementation and the result to the Ministry of Education and Training before December 15 or upon request of the competent agency.

Chapter III
IMPLEMENTATION ORGANIZATION

Article 13. Responsibilities of Ministry of Education and Training

1. To formulate the five-year plan for the period of 2020 - 2025 and 2026 - 2030; direct and provide guidance for localities to build plans and organize to effectively implement such plans.

2. To inspect, supervise and handle violations against the assignment, arrangement and selection of teachers to be trained; results, progress and regulations related to the implementation of the roadmap for raising teachers’ qualification standards and the implementation of regimes and polices as prescribed.

3. To organize the preliminary evaluation of the implementation and its results when finishing stage 1 and organize the general evaluation of the implementation and its results when completing the whole roadmap.

Article 14. Responsibilities of Ministries and ministerial-level agencies

1. According to the assigned function and task, to coordinate with the Ministry of Education and Training in directing localities to review, arrange teachers and teacher payrolls and assign to the Education sector; policies, regimes; implement the communication to facilitate agencies, units and teachers to effectively implement the roadmap for raising teachers’ qualification standards.

2. To coordinate with the Ministry of Education and Training in carrying out inspection and supervision as prescribed.

Article 15. Responsibilities of provincial People’s Committee

1. To direct and provide guidance on implementing an annual plan and organize to implement according to the plan.

2. To direct and provide on assigning teachers to be trained annually according to each subject or level for serving the annual plan formulation.

3. To make and submit to the People’s Council of province or centrally run city to decide the local budget expense estimates under the Law on State Budget to annually implement the task of raising teachers’ qualification standards according to the plan.

4. To decide on assigning task, placing order or bidding or authorizing to the assigning, ordering or bidding agency for training to raise teachers’ qualification standards in accordance with current regulations.

5. To direct the Department of Education and Training, Department of Home Affairs and relevant Departments, branches, sectors and district-level People’s Committee to review, make a List of teachers to be trained to raise qualification standards; determine the period that a teacher must spend for when being trained; arrange and assign teachers and appropriate programs and schedules so that a teacher can teach and study in such period; build an annual plan; allocate fund; organize the preliminary and general evaluation of the implementation result and achieved experience from such tasks.

6. To direct and provide guidance on implementing policies and regimes for teachers sent to training courses; withdraw compensation for training expenses.

Article 16. Responsibilities of institution training teachers

1. To prepare conditions on programs, documents and files, infrastructure, equipment; teachers for the implementation of the roadmap for raising teachers’ qualification standards.

2. To publicly notify the enrollment criteria; enrollment forms, time for enrollment; training period; programs and forms of training; outcome standards; conditions for providing training courses; expenses for training each person so that localities can select to assign tasks, place order or bidding.

3. To ensure the training quality and take responsibility before the managing agency about the training quality.

Article 17. Responsibilities of units employing teachers

1. To make a List of teachers subject to the program of raising qualification standards; propose year of enrollment for training and send it to the Division of Education and Training for summarization.

2. Based on the approved plan, to arrange the appropriate work for teachers so that they can study and teach in the same time.

3. To ensure policies and regimes for teachers as prescribed.

Chapter IV
IMPLEMENTATION PROVISIONS

Article 18. Effect

This Decree takes effect on August 18, 2020.

Article 19. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally run cities, heads of managing agencies, institutions training teachers and units employing teachers shall be responsible for the implementation of this Decree./.