High consensus on promulgating the Law, the Education sector proactively recruits and uses teachers

On the morning of November 20, within the framework of the 8th Session, the National Assembly discussed in the hall the draft Law on Teachers. Vice Chairwoman of the National Assembly Nguyen Thi Thanh chaired the meeting.

Institutionalized the Party's viewpoints and policies on the position and role of the teaching staff.

Speaking at the opening of the session, Vice Chairwoman of the National Assembly Nguyen Thi Thanh said that today, November 20, is Vietnamese Teachers' Day, and the National Assembly devoted the entire morning session to discussing the draft Law on Teachers.

Scene of the discussion session of the draft Law on Teachers on the morning of November 20, 2024

Vice Chairwoman of the National Assembly Nguyen Thi Thanh emphasized that this is the respect of the National Assembly and the National Assembly Standing Committee sent to generations of teachers and the education sector - those who have made and will make great contributions to the glorious and noble cause of educating people.

The National Assembly Standing Committee expressed its deep gratitude and best wishes to veteran teachers, National Assembly deputies who have been working in the education sector, and nearly 1.6 million teachers and education managers across the country.

Vice Chairwoman of the National Assembly Nguyen Thi Thanh said that the draft Law on Teachers was first drafted as a draft law regulating subjects related to many specialized laws. The scope of the draft law is quite broad, relating to the majority of civil servants who are teachers at public educational institutions, accounting for 2/3 of the total number of career staff nationwide, and the increasingly large number of teachers at non-public educational institutions, attracting the attention of many voters.

In the common concern of institutionalizing and creating a strong breakthrough in implementing the Party's viewpoints and policies on fundamental and comprehensive innovation of education and training, the drafting agency and the reviewing agency have been very dedicated and responsible in researching, developing and reviewing the draft law. The Government and the National Assembly Standing Committee have also repeatedly commented on the draft law. At the group discussion session, there were 90 comments from National Assembly deputies.

Minister of Education and Training Nguyen Kim Son and Deputy Minister of Education and Training Pham Ngoc Thuong participated in the discussion session on the draft Law on Teachers.

Delegate Tran Van Thuc, Thanh Hoa delegation highly appreciated the efforts and attempts of the drafting agency and the reviewing agency who were very serious and responsible, spent a lot of time organizing conferences and seminars, listened to, absorbed, and revised many times to perfect the Law on Teachers.

The delegates commented that the draft Law has institutionalized the Party's viewpoints and policies on the position and role of teachers in the cause of national development. Both the Party's viewpoints and policies and the attention of society have determined the leading important position and role of teachers, but in reality, the legal system has not had a separate law on teachers for a long time. Therefore, the promulgation of the Law on Teachers is extremely necessary, both to meet the requirements of institutionalizing the Party's viewpoints and policies on developing teachers and to be suitable to the practical conditions of building the legal system of Vietnam in the current context.

Delegate Nguyen Thi Viet Nga, Hai Duong delegation, expressed her agreement with the development of the Teachers Law; the development of the Law aims to institutionalize the Party's viewpoints, policies and guidelines on education, but it is also necessary to solve outstanding issues, issues that are currently facing the education sector. That is to improve the quality of education and training, solve the problem of teacher shortage and teachers quitting the profession, solve the problem of teachers being treated inappropriately by students, parents and society, solve the phenomenon of teachers behaving inappropriately towards students, parents and in life in general.

Delegate Nguyen Thi Viet Nga, Hai Duong delegation, said that the draft Law closely followed the Party and State's policies on teachers.

Delegates noted that the draft Law closely followed the above objectives, proposed specific and attractive policies to attract high-quality human resources to the education sector; proposed very specific requirements on the qualities, capacities, and professional standards of teachers...

Delegate Nguyen Thi Quyen Thanh stated that the draft Law on Teachers has demonstrated the spirit of openness and listening of the Drafting Committee in adjusting the content and structure in a concise manner, consistent with a number of provisions in related laws as well as designing separate policy content for teachers, correctly demonstrating the viewpoint of considering education as the top national policy, meeting educational requirements and the orientation of the country's development in the future.

Regarding the new points in the draft Law, delegates found that the rights and obligations of teachers are also clearly, fully, and systematically regulated, while also stipulating what cannot be done, contributing to affirming and enhancing the position of teachers.

High consensus on giving the education sector the initiative in recruiting and using teachers

Concerned about the authority to recruit and use teachers, delegate Tran Van Thuc, Thanh Hoa delegation shared: From practical management experience in the education sector, I have seen that the situation of local surplus and shortage of teachers, especially for primary and secondary school teachers implementing the general education program, is increasingly serious. One of the basic reasons is that educational management agencies lack a leading role, so they cannot be proactive in recruiting and using teachers.

Delegate Tran Van Thuc, Thanh Hoa delegation affirmed the necessity of promulgating the Law on Teachers.

The recruitment of teachers in public educational institutions is currently carried out according to general regulations on recruitment of civil servants. However, the general regulations on recruitment of civil servants are not really suitable for the specific professional activities of teachers. For example: taking the test on general knowledge is not closely linked to the requirements of the professional activities of teachers; the conditions for registration do not take into account the specific factors of teachers...

The decentralization of recruitment and use of teaching staff still has many shortcomings because in most localities, the specialized agency is the Department of Education and Training, the Department of Education and Training is not the leading unit, the focal point for teacher recruitment, so it cannot be proactive in regulating the number and structure of staff by subject, grade level and cannot proactively regulate the surplus and shortage of teachers between administrative units in the area. The consequences of this problem are clearly shown in the implementation of the 2018 general education program that the National Assembly Standing Committee has organized to supervise: localities cannot recruit teachers, cannot organize the teaching of some subjects...

“Therefore, I strongly agree and agree with the draft Law giving the education sector the initiative in recruiting and using teachers. Accordingly, the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs are the agencies in charge of developing strategies, projects, development plans, and total staffing levels for teachers under their management authority to submit to competent authorities for decision; coordinating staffing levels in public educational institutions according to the number assigned by competent authorities; education management agencies or educational institutions take the lead in recruiting teachers. This is a very important regulation that can immediately resolve the most difficult and increasingly serious problems of teacher surplus and shortage for many years in many localities,” said delegate Tran Van Thuc.

Delegate Do Huy Khanh, Dong Nai delegation, said that the contents proposed in the draft Law on Teachers aim to improve the quality of education.

Also interested in the regulations on teacher recruitment, delegate To Van Tam noticed that the draft Law has given the right to recruit teachers to the education management agency to preside over the recruitment or to delegate, authorize or the head of the educational institution to carry out the recruitment at points a, b, clause 2, Article 16.

The delegate believes that such delegation of authority will create a basis for educational management agencies and educational institutions to recruit teachers to meet the requirements of the education sector as well as to be proactive in coordinating staffing and coordinating teachers in the education sector. However, the delegate suggests that it is necessary to clearly explain what a highly qualified person or a talented person is in point a, clause 3 on special priority cases to make it easier to implement when recruiting, ensuring the feasibility of the regulation...

Contributing opinions to the Teachers Law project, delegate Do Huy Khanh, Dong Nai delegation agreed with the contents proposed in the Law project to improve the quality of education.

At point b, clause 1, Article 16, the recruitment of teachers is through selection and examination. Some opinions also say that it is not necessary to practice pedagogy. However, according to delegate Do Huy Khanh, this is a special industry so there should be special regulations. If in a teacher training school there should be a subject of methodology, internship and practice, then when practicing pedagogy, a teacher needs to have all the skills of a teacher standing on the podium to be able to teach.

Many opinions agree to thoroughly consider extra teaching because it is a real need.

Regarding extra classes and tutoring, according to delegate Do Huy Khanh, extra classes are essentially a necessary social need. However, there are currently two streams of public opinion: One is prohibition, the other is management. Many workers who work overtime in the afternoon cannot pick up their children, so they really want to send their children to teachers to take home to manage and only pick them up in the evening. Therefore, the Ministry of Education and Training needs to coordinate with agencies to issue specific regulations as well as a management mechanism for this issue; the draft Law needs to include a management mechanism for extra classes and tutoring.

Delegate Chamaléa Thi Thuy said that extra teaching is a real need of teachers and students.

Agreeing with the need to build a Law on Teachers, delegate Chamaléa Thi Thuy said that this is to institutionalize the Party's viewpoints and policies on teachers, promptly supplement new and specific policies to build and develop the teaching staff.

Regarding the things that teachers are not allowed to do, at point c, clause 2, Article 11, there is a regulation that students are not allowed to be forced to participate in extra classes in any form. According to the delegate, this regulation is necessary, however, according to delegate Chamaléa Thi Thuy, it is necessary to look thoroughly at the issue of extra teaching and learning to make the regulations specific and appropriate. Because in reality, extra teaching is a real need of teachers and students, especially in urban areas and areas with developed economic conditions, children are more invested in their studies by their families and aim to improve beyond the basic knowledge they have in class. And the need to find good teachers to take extra classes is always real.

"If we think that increasing salaries and policies for teachers will solve the problem of extra classes, it is still subjective and not really suitable for real life," said delegate Chamaléa Thi Thuy.

Delegate Nguyen Van Canh discussed at the discussion session.

Also concerned about the issue of extra teaching and learning, delegate Nguyen Van Canh said that only extra learning with the purpose of getting scores that do not match real ability due to the tutor's lack of objectivity is what needs to be stopped. At the same time, he proposed to build a test bank with thousands of questions on each topic in subjects with different levels of difficulty.

“If any educational institution allows its teachers to teach their own students, the tests there must be randomly taken from a question bank with full difficulty levels before the test, reflecting the true abilities of the students, ensuring fairness for all students,” representative Nguyen Van Canh proposed.

Agree with "ranking teachers' salaries highest"; ensure policies for teachers to become managers

Speaking at the meeting, delegate Chau Quynh Dao expressed her appreciation for the efforts of the drafting agency in preparing the draft Law on Teachers to submit to the National Assembly for comments at this session; and said that the drafting of the Law on Teachers in the current context is very necessary.

Regarding the issue of salaries and allowances for teachers, delegate Chau Quynh Dao said that according to the results of a practical study on the lives of teachers in the Southern region, teachers' income only meets an average of 51.87% of monthly spending needs. This is the group without a second job; the group with a second job only reaches 62.55%. Therefore, the delegate agrees with the regulation on ranking teachers' salaries as the highest in the administrative career salary scale system and having additional allowances depending on the nature of the job and the region.

Delegate Chau Quynh Dao agreed to the regulation of placing teachers' salaries at the highest level in the administrative career salary scale system.

Highly agreeing with the fact that teachers' salaries are ranked highest in the administrative salary scale and grades, delegate Duong Khac Mai, Dak Nong delegation, suggested that the highest salary in the salary scale must go hand in hand with the quality of teachers, because the importance and decisive role of the teacher system in improving the quality of education is decisive for the development of high-quality human resources, meeting the requirements of industrialization, modernization, and international integration.

Commenting on the salary policy for teachers in Article 27, delegate Thach Phuoc Binh said that the regulation that teachers' salaries are ranked highest in the administrative salary scale and grade system is unclear, leading to different understandings and applications; preferential allowances for teachers are not attractive enough, especially for teachers working in remote areas with difficult socio-economic conditions.

Delegates proposed to develop a separate salary scale for teachers, ensuring a clearly higher salary level than other sectors in the public administration sector. Increase special job incentives in disadvantaged areas, with allowance rates ranging from 50 to 100% depending on the specificity of each locality. Clearly define the priority level and implementation mechanism for teachers in specific professions, ensuring fairness and efficiency.

Delegate, Venerable Thich Thanh Quyet, Quang Ninh delegation proposed to assign the Government to specify the issue of teachers' salaries, ensuring the highest among administrative agencies. The Law also has guidelines on principles for the Government to develop salary policies, preferably having a separate salary scale and table for teachers to concretize the views of the Party and the National Assembly.

Delegate, Venerable Thich Thanh Quyet, Quang Ninh delegation supports the Teachers Law project

Contributing opinions to the Teachers Law project, delegate Nguyen Thi Yen Nhi, Ben Tre delegation, said that transferring teachers from public educational institutions to work as managers in educational institutions is difficult. The reason is that they will lose their allowances. Therefore, the Drafting Committee of the Law project needs to study to ensure the seniority regime for this case...

Therefore, delegate Nguyen Thi Yen Nhi suggested that the Drafting Committee of the Law Project should consider allowing teachers to retain their seniority allowance when they are transferred to work at educational management agencies. This is to facilitate the transfer and arrangement of staff in the education sector as well as ensure the rights of teachers.

According to delegate Hoang Ngoc Dinh, Ha Giang delegation, according to incomplete statistics, currently nationwide there is a shortage of about 11,000 public housing for teachers; many collective housing projects and public housing are degraded, damaged or very makeshift and cramped. For localities without public housing or collective housing, most teachers have to rent private housing.

To ensure housing conditions, creating conditions for teachers to work with peace of mind, dedication and responsibility for their profession, delegate Hoang Ngoc Dinh suggested that the drafting committee continue to consider and study additional draft laws in the direction of, in addition to stipulating that teachers are guaranteed collective accommodation with all essential conditions, or are allowed to rent public housing according to the provisions of the Housing Law; propose to add regulations that teachers are supported by the State for housing rent when working in rural areas, ethnic minority areas, mountainous areas, border areas, islands and areas with especially difficult socio-economic conditions.

It is necessary to ensure a safe environment in the professional activities of teachers.

Contributing opinions to the draft Law on Teachers, delegate Hoang Thi Thu Hien said that the draft Law should have provisions to protect teachers so that they can work with peace of mind and contribute effectively to teaching. This also contributes to reducing school violence and other factors...

Delegate Hoang Thi Thu Hien

According to delegate Hoang Thi Thu Hien, teachers need to be guaranteed a safe environment in their professional activities. In addition to the provisions of the draft Law on teachers' rights expressed in their professional activities, the report assessing the policy impact of the draft Law analyzing current regulations on teachers only mentions the prohibition of teachers from doing so, but there are no regulations on what individuals, agencies, and organizations outside of schools are not allowed to do to teachers.

Recently, there have been cases of parents assaulting teachers or students insulting teachers, affecting the image of teachers and the tradition of respecting teachers of the nation. Therefore, delegate Nguyen Van Canh, Binh Dinh delegation, proposed that Article 11 should be supplemented with regulations on what parents and students are not allowed to do to teachers. When teachers exceed the permitted limits, parents and students are not allowed to resolve conflicts directly with teachers but must go through the school, the Parents' Representative Committee, and state agencies.

Delegate Nguyen Thi Ha, Bac Ninh delegation supports the provision regulating what organizations and individuals are not allowed to do to teachers.

Delegate Nguyen Thi Ha, Bac Ninh delegation, pointed out the reality in the current context, when the rights of parents and students are being promoted, it seems that the rights of teachers are being neglected, especially the right to protect their dignity and honor, more specifically the right to protect their dignity and honor in cyberspace. Therefore, the delegate supports the provision regulating what organizations and individuals are not allowed to do to teachers to emphasize and create a solid and comprehensive legal corridor to protect teachers.

Delegates agreed with the regulation in Article 11, which stipulates that organizations and individuals are not allowed to publicly disclose information about teachers' violations until there is an official conclusion from competent authorities in the process of considering discipline or investigating legal responsibility for teachers. This regulation does not conflict with regulations on speaking or contain any elements to defend teachers, but in fact will protect the image of teachers. This regulation is necessary to protect teachers, especially in the context of strong development of social networks and online media as it is today.

Delegate Hoang Van Cuong, from the Hanoi delegation, expressed his joy that the Law on Teachers, once passed, would help teachers not to have to struggle between professional activities and social behavior. According to the delegate, the law needs to be strictly regulated, and at the same time, there needs to be a satisfactory treatment regime so that teachers can wholeheartedly devote themselves to their profession.

Delegate Hoang Van Cuong said that the Law on Teachers, once passed, will help teachers not to have to struggle between professional activities and social behavior.

Regarding the rights and obligations of teachers, delegates suggested adding that teachers should not only set an example in their professional activities, but also be exemplary in community activities and standards of social behavior. At the same time, it is necessary to stipulate that teachers are given priority in social activities. Behaviors and words that insult teachers must be prohibited in all cases. Teachers must be respected and their dignity and honor must be protected, not only in their professional and professional activities, but must be respected everywhere and at all times.

According to delegate Thai Van Thanh, Nghe An delegation, the draft Law on Teachers is one of the draft laws that many voters are interested in, and has been long-awaited by teachers. It is expected that when the law is promulgated and takes effect, it will contribute to innovating state management of teachers, helping to improve the initiative of education management agencies, basically overcoming shortcomings in the management and development of teachers, creating a solid legal corridor for the development of teachers, creating a great driving force to bring the country's education to new heights.

When it is considered a strategic breakthrough and a national policy, there must definitely be some priorities.

Speaking to receive the discussion opinions of the National Assembly delegates, Minister Nguyen Kim Son shared: Today is a very special day, a holiday, a happy day for more than 1 million people working in the education sector. And November 20 this year is even more special, the happiness of teachers is multiplied when at this time the National Assembly discusses the Law on Teachers. Previously, the Government and the National Assembly agreed to build and submit the draft Law on Teachers, which was a great encouragement for millions of teachers nationwide.

Minister Nguyen Kim Son speaks to receive opinions of National Assembly delegates

Expressing gratitude for the opinions of the National Assembly delegates discussing the draft Law on Teachers, the Minister said that with the highly supportive, approving, and unanimous views that were discussed, one could feel the consensus of the delegates; it was not only support for the draft Law on Teachers, but also a demonstration of responsibility to the education sector and to the country.

With most of the delegates' opinions contributing to specific contents and detailed regulations, the Minister said that the Drafting Committee will fully absorb and study each opinion to include in the Law, but most of them will be included in guiding Decrees and Circulars.

According to the Minister, in addition to the Law on Teachers, there is also the Law on Education and many other laws, so the draft Law on Teachers cannot cover everything. In addition, the draft Law must also accept some differences from other laws to suit the development of the teaching force. For example, the regulations on retirement age will be different from the Labor Code; or teachers teaching in multiple schools, the transfer of teachers who can teach at more than one facility... will be different from the Law on Civil Servants. "If it is considered different but serves the goal of developing the teaching staff, if it is different but brings good things to teachers, I hope delegates will support it," the Minister shared.

Regarding some opinions on teachers' salary, the Minister said that when building, we also have to look at other sectors, not wanting our sector to have special privileges, benefits or "unusual" favors. There is only one thing, among 1.6 million teachers, most of them still do not have enough to live on. At that time, we cannot wholeheartedly devote ourselves to teaching.

Scene of the discussion session on the draft Law on Teachers

“In the current context, a country that has just escaped poverty and is not yet rich cannot “prioritize everything”. But when it is considered a strategic breakthrough and a national policy, there must definitely be some priorities,” said the Minister.

Regarding the issue of extra teaching raised by some delegates, the Minister said that the policy is not to prohibit extra teaching but to prohibit unethical acts in extra teaching, including "teachers forcing students to take extra classes".

Emphasizing the need to absorb as many opinions as possible, including 90 opinions discussed in groups and 36 opinions discussed in the hall of the 8th Session of the 15th National Assembly, the Minister affirmed that the draft Law on Teachers was developed partly because of the difficulties of teachers, but the main reason for developing and promulgating the Law is to develop the teaching staff.

On the occasion of Vietnamese Teachers' Day, November 20, on behalf of educators, Minister Nguyen Kim Son sent best wishes to National Assembly delegates who are working in the education sector.

Source: https://moet.gov.vn/tintuc/Pages/tin-tong-hop.aspx?ItemID=10023