Propose to assign the Department of Education and Training to take charge of recruiting, mobilizing and transferring teachers

GD&TĐ - Proposing that the Provincial People's Committee and the Chairman of the Provincial People's Committee consider and decide on decentralization, authorization, and assignment of the Department of Education and Training to preside over the recruitment and transfer of teachers.

August 15, The Ministry of Education and Training issued Document No. 4798/BGD&DT-NGCBQLGD to the People's Committees of provinces/cities under the Central Government on resolving some difficulties and problems of localities in the field of education and training when implementing two-level local government.

In the document, the Ministry of Education and Training also requested the Provincial People's Committee and the Chairman of the Provincial People's Committee to consider and decide on decentralization, authorization, and assignment of the Department of Education and Training to preside over the recruitment, reception, mobilization, secondment, and transfer of teachers and staff in educational institutions in the province.

The document clearly states: Clause 10, Article 23 of the Law on Organization of Local Government stipulates the duties and powers of the Chairman of the Commune People's Committee "To direct and organize the recruitment, use and management of civil servants and public employees in the area according to the provisions of law and the decentralization of the superior state agency". Thus, the Chairman of the Commune People's Committee only carries out the recruitment and use of civil servants if decentralized.

In the context that the number of commune-level civil servants in charge of education and training is currently lacking, and many people do not have experience in state management of education, decentralization to the Department of Education and Training to preside over the recruitment, reception, mobilization, secondment, and transfer of teachers and staff in educational institutions in the province is suitable to the current conditions and capacity of the Department of Education and Training.

In addition, the assignment of the Department of Education and Training to take the lead in recruiting, receiving, mobilizing, seconding, and transferring teachers and staff ensures the implementation of the policy of reducing intermediaries, synchronizing recruitment quality (one-time recruitment can be registered for admission to many schools based on exam/review results), saving costs, and increasing opportunities for recruitment participants. At the same time, it contributes to overcoming the situation of local surplus/shortage of teachers and staff as well as ensuring the structure of the team according to grade level, subject, and educational activities.

For other tasks in the field of education and training, it is recommended that the Provincial People's Committee consider and assign the Department of Education and Training to take the lead in advising the Provincial People's Committee and the Chairman of the Provincial People's Committee to specify the decentralization and delegation of authority in accordance with the actual conditions of the locality, ensuring that the Department of Education and Training promotes its role as a specialized agency in the field of education, advising and assisting the Provincial People's Committee in performing the function of state management of education in the locality.

Maintain stability and ensure staffing to prepare for the 2025-2026 school year

To ensure the arrangement of sufficient number of teachers, staff and workers in public educational institutions for the 2025-2026 school year, the Ministry of Education and Training requests that the Provincial People's Committees pay attention to maintaining stability and ensuring the team of teachers, staff and workers in educational institutions to prepare for the 2025-2026 school year.

Continue to direct the implementation of teacher recruitment and solutions to ensure the staffing and team of preschool and general education teachers in accordance with the direction of the Prime Minister in Official Dispatch No. 61/CD-TTg dated May 10, 2025 of the Prime Minister on organizing the High School Graduation Exam, ensuring the staffing of preschool and general education teachers and summer vacation for children and students in 2025.

In case recruitment has not been carried out, the Provincial People's Committee is requested to consider, arrange funding and sign labor contracts or mobilize, second, and arrange inter-school and inter-level positions to ensure sufficient staff for the new school year.

Provincial People's Committees pay attention to and direct the timely implementation of replacement contracts for cases of sick leave, maternity leave, retirement, resignation or contracts within the payroll quota, unused labor contract quota to ensure the addition of teachers, staff and workers lacking in educational institutions.

In addition to policies on working regimes and overtime pay regimes for teachers and staff according to regulations, the People's Committee is interested in creating conditions for arranging facilities, reviewing and renovating public housing and supporting policies according to actual local conditions for the team of teachers and staff to ensure living and working conditions for the team when implementing mobilization, secondment, and inter-school and inter-level arrangements.

Note to use documents and certificates of the team issued before July 1, 2025

According to the Ministry of Education and Training, the use of documents and certificates of teachers, staff and workers issued by competent agencies and individuals before July 1, 2025 shall be implemented in accordance with the provisions of Clause 2, Article 43 of Decree No. 142/2025/ND-CP.

Regarding the adjustment/change of the decision to appoint managers of educational institutions due to adjustments in administrative boundaries and changes in the management agency of the educational institution, it is recommended to apply the regulations on appointment in other cases as guided in Clause 26, Article 1 of Decree No. 85/2023/ND-CP amending and supplementing a number of articles of Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government on recruitment, use and management of civil servants.

Calculate teacher quotas by region as before the arrangement until new instructions are issued.

Regarding the implementation of zoning to calculate teacher quotas according to the provisions of Clause 1, Article 3 of Circular No. 20/2023/TT-BGD&DT after implementing the arrangement of commune-level administrative units, the Ministry of Education and Training notes: educational institutions in communes and wards after the merger continue to apply the method of calculating teacher quotas by region as before the arrangement until there are new instructions.

Regarding the implementation of the student/class quota in primary and secondary schools in special cases where the number of students/class must be arranged lower or higher than the average level by region as prescribed in Clause 2, Article 3 of Circular No. 20, the Provincial People's Committee shall decide on the number of students/class quota appropriate to reality (Clause 4, Article 3 of Circular No. 20).

Regarding the implementation process, based on the current conditions (facilities, staff, etc.), the principals of educational institutions shall calculate and propose to the People's Committees at the commune level the number of students per class; the People's Committees at the commune level shall consider and report to the Department of Education and Training so that the Department of Education and Training can submit to the Chairman of the Provincial People's Committee specific regulations on the number of students lower than or exceeding the maximum ceiling prescribed in accordance with the actual situation of each educational institution in the area to resolve special situations arising during the implementation of Circular No. 20.

In the context that the two-level local government has been in operation for more than a month, before the new school year 2025-2026, the guidance document of the Ministry of Education and Training will help localities remove difficulties and obstacles and promptly prepare staff for the new school year.

Source: https://giaoducthoidai.vn/de-nghi-giao-so-gddt-chu-tri-tuyen-dung-dieu-dong-thuyen-chuyen-giao-vien-post744256.html