On the morning of June 9, the National Assembly Standing Committee gave opinions on receiving, explaining, and revising the draft Law on Teachers.
Summarizing the report on explanation, acceptance and revision of the draft Law, Chairman of the National Assembly's Committee on Culture and Society Nguyen Dac Vinh said: Teachers in publiceducational institutions are civil servants, so recruitment must comply with legal regulations on civil servants related to the basis, principles, and conditions for registration... The draft Law does not re-regulate these contents but only emphasizes some specific characteristics in teacher recruitment such as recruitment content based on professional standards, recruitment methods must have pedagogical practice.
Regarding authority, taking into account delegates' opinions, the draft Law was revised in the direction of not specifically regulating the recruitment authority for teachers at preschool, general education, continuing education levels... but implementing it according to the regulations of the Minister of Education and Training .
According to Mr. Nguyen Dac Vinh, mobilization and transfer are policies with different nature, purposes and requirements. Mobilization is carried out by competent authorities to solve practical requirements such as overcoming the situation of local surplus or shortage of teachers; supporting the improvement of teaching and education quality..., accordingly, it requires compliance of individual teachers and related educational institutions. Meanwhile, transfer comes from the personal wishes of teachers, so it requires consensus from the place of arrival and the place of departure.
Combining the two policies may cause confusion in implementation, distorting the nature of the policy. The draft Law currently assigns the Government to specify in detail the authority to mobilize, the order and procedures for mobilizing and transferring teachers. The need for prior notice, consideration of geographical distance when mobilizing, the addition of a review mechanism, the process of teachers' complaints against the mobilization decision... are detailed contents in the organization and implementation, which will be specified in detail in the implementation guidance document.
Notably, regarding salary policy, allowances, support policy, policy to attract and promote teachers, Mr. Nguyen Dac Vinh said that teachers in public educational institutions are civil servants.
Therefore, teachers' salaries are implemented according to the administrative career salary scale. The regulation that teachers receive the highest salary and allowances is an institutionalization of the Party's policy in Conclusion No. 91-Kl/TW of the Politburo. This content is basically not contrary to the spirit of Resolution 27-NQ/TW on salary policy reform.
The regulation that the salary of teachers in the non-public sector is guaranteed to be no lower than that of the public sector may affect the policy of socializing education and violate the principle of voluntariness and autonomy of non-public educational institutions. Therefore, the draft Law has been adjusted in the direction that the salary of teachers in non-public educational institutions is implemented in accordance with the provisions of the law on labor.
Regarding the proposal to add regulations prohibiting teachers from giving extra lessons in violation of the law, prohibiting them from giving extra lessons to students they are directly teaching, on this issue, the Standing Committee of the Committee reported that the draft Law does not prohibit extra lessons, it only stipulates that teachers are not allowed to force students to participate in extra lessons in any form to limit and overcome the widespread situation of extra lessons and extra teaching. The Ministry of Education and Training has issued a document regulating extra lessons and extra lessons, in which it is stipulated that teachers are not allowed to give extra lessons to students they are directly teaching.
Discussing at the meeting, Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy highly agreed with the draft Law, and commented on Clause 2, Article 8 on the right of teachers to "participate in the management and operation of enterprises established by higher education institutions, operating in the field of scientific development, application and technology transfer according to the provisions of law".
According to Mr. Le Quang Huy, such a regulation is “not enough.” If possible, there should be a provision in the law that provides more specific regulations on this right. Then, on this basis, the Government should be assigned to provide detailed regulations on this right; this would be much more convenient.
Giving his thoughts on “salaries and salary-based incentives” for teachers, Chairman of the Economic and Financial Committee Phan Van Mai hopes that teachers’ salaries will not only be ranked at the highest level in the scale. But there should be a “double, triple” regime to truly select the best people, so that these teachers can then teach the future generations of the country.
Minister of Education and Training Nguyen Kim Son speaks. (Photo: Doan Tan/VNA)
Speaking at the meeting, National Assembly Chairman Tran Thanh Man welcomed the draft Law on Teachers with 9 chapters and 45 articles that have absorbed the spirit of innovation and legal development thinking. The draft Law has basically met the requirements and is qualified to be submitted to the National Assembly for approval.
However, National Assembly Chairman Tran Thanh Man also suggested that it is necessary to continue to carefully review, reduce, and remove from the Law provisions, sentences, and words that belong to the Government and the Ministry of Education and Training. Ensure that the provisions in the draft Law are concise, easy to understand, easy to remember, and easy to implement.
Regarding the regulation that organizations and individuals are not allowed to “post or disseminate information that attributes responsibility to teachers in professional activities without the conclusion of a competent authority,” the National Assembly Chairman suggested carefully reviewing this regulation to ensure compatibility and consistency with relevant legal regulations.
Also at the meeting, Minister of Education and Training Nguyen Kim Son explained and clarified the opinions of interested members of the National Assembly Standing Committee.
In conclusion, Vice President of the National Assembly Nguyen Thi Thanh said that this is a draft law regulating subjects in a very special and noble profession, so there is still time, and we need to try to study and absorb it. The suggestions and wishes of the Standing Committee are also the wishes of teachers and the education sector.
Regarding regulations on teacher management and development, the Vice Chairman of the National Assembly suggested that for the contents currently regulated in the Law on Civil Servants and the Labor Code and that may be amended in the future, it is best to cite and implement them according to that law. If there is anything special, it should be regulated in the Law. What is interconnected and common should not be included.
Regarding the provisions on the contents that change the content of the Law on Teachers, according to Vice Chairwoman of the National Assembly Nguyen Thi Thanh, the Ministry of Education and Training and the Committee on Culture and Society will coordinate to absorb and later include them in sub-law documents.
The National Assembly will now give its opinion on three laws: the Law on Education, the Law on Higher Education, and the Law on Vocational Education. “If it concerns the scope of these three laws, we will take note of and accept the Standing Committee’s opinions to continue to specify them in those laws,” said the Vice Chairman of the National Assembly.
Also according to the Vice Chairman of the National Assembly, after receiving the opinions of the National Assembly Standing Committee, the Committee on Culture and Society will preside over and coordinate with the Committee on Law and Justice and the Ministry of Education and Training to carefully review the Law on Teachers to report to the National Assembly for official voting and approval.
Source: https://phunuvietnam.vn/uy-ban-thuong-vu-quoc-hoi-luat-nha-giao-phai-de-hieu-de-nho-va-de-thuc-hien-20250609121418636.htm
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