On the morning of February 7, within the framework of the 42nd session, the Standing Committee of the 15th National Assembly discussed and gave opinions on the reception, explanation, and revision of the draft Law on Teachers.
Vice Chairman of the National Assembly Nguyen Duc Hai, Vice Chairman of the National Assembly Nguyen Thi Thanh, Vice Chairman of the National Assembly Tran Quang Phuong and Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. The meeting was attended by Minister of Education and Training Nguyen Kim Son and leaders of a number of relevant ministries, branches and agencies.
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Session view
The draft Law on Teachers was previously commented on for the first time at the 8th Session of the 15th National Assembly (October 2024).
Reporting on some major issues regarding the reception, explanation and revision of the draft Law on Teachers, Chairman of the National Assembly's Committee on Culture and Education Nguyen Dac Vinh said: At the 8th Session of the 15th National Assembly, National Assembly deputies discussed the draft Law on Teachers with 131 opinions expressed by National Assembly deputies.
Implementing the direction of the National Assembly Standing Committee and assigned tasks, the Standing Committee of the Culture and Education Committee has coordinated with the drafting agency, the Law Committee and relevant agencies to study, absorb, explain and revise the draft Law. Up to now, the agencies have basically agreed on the content of the draft Law and the absorption and explanation of the opinions of National Assembly deputies.
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Chairman of the National Assembly's Committee on Culture and Education Nguyen Dac Vinh reported at the meeting.
The draft Law after being absorbed and revised consists of 9 chapters and 46 articles, 4 articles less than the draft submitted at the 8th Session. The absorption and revision of the draft Law has demonstrated the spirit of innovation in legislative work, only regulating general and principled contents, contents under the authority of the National Assembly; detailed guidance contents are specified in the draft decrees and circulars attached to the dossier of the Law on Teachers project.
According to the Standing Committee of the Culture and Education Committee, assigning recruitment authority to the education sector is necessary, both to ensure the authenticity of recruitment and to enhance responsibility and create conditions for the education sector to be proactive in recruiting, using, managing and developing teachers, meeting the requirements on quantity, structure and quality; contributing to overcoming the situation of local surplus, shortage and imbalance in the structure of teachers.
Incorporating the opinions of National Assembly deputies, the draft Law is adjusted in the direction that, for public educational institutions that are granted autonomy, the head of the educational institution shall conduct recruitment and be responsible for his/her decisions; for public educational institutions that have not been granted autonomy, the competent authority managing the educational institution shall conduct the recruitment of teachers or decentralize it to the educational management agency, the head of the educational institution shall conduct the recruitment. The educational management agency shall preside over advising the competent authority managing the educational institution to conduct or preside over advising on the decentralization of recruitment; non-public educational institutions shall autonomously conduct recruitment according to their own regulations on organization and operation.
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Vice Chairman of the National Assembly Nguyen Khac Dinh speaks at the meeting
“The above adjustment affirms the role and responsibility of the education management agency in advising; ensuring consistency with the provisions of the Law on Organization of Local Government, the Law on Civil Servants and the Labor Code,” informed Mr. Nguyen Dac Vinh.
Regarding the early retirement policy for preschool teachers, the Standing Committee of the Culture and Education Committee said that allowing preschool teachers to retire early compared to the age prescribed by law is a policy built on the characteristics of the professional activities of this group and is suitable for the characteristics of preschool learners.
In response to the opinions of National Assembly deputies, the draft Law has revised and supplemented the regulation that teachers in preschool education institutions, if they wish, can retire at an age lower than the retirement age of employees under normal conditions, but not more than 5 years, and the pension percentage will not be reduced due to early retirement if they have paid social insurance for 20 years or more.
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Vice Chairman of the National Assembly Tran Quang Phuong speaks at the meeting
Regarding the retirement regime at an older age for teachers, the Standing Committee of the Committee believes that it is necessary and reasonable to stipulate that teachers with high qualifications, academic titles, and degrees, teachers working in specific specialized fields and sectors can have their working time extended and retire at an older age in order to take advantage of and exploit high-quality human resources; overcome the shortage of highly qualified teachers in a number of specific specialized fields and sectors that the country's development trend requires.
The draft Law also clearly stipulates the conditions for implementing this policy when educational institutions have a need, teachers are healthy enough and voluntarily extend their working time; at the same time, it adds the criterion of "meeting the standards and conditions of educational institutions". During the period of extended retirement age, teachers in public educational institutions shall not hold leadership or management positions and shall not be allowed to retain leadership or management position allowances.
In response to the opinions of National Assembly deputies, in order to remove limitations and shortcomings in the management and operation of enterprises belonging to higher education institutions, the examining agency and the drafting agency agreed to propose adding the right of teachers to participate in the management and operation of enterprises established by higher education institutions operating in the fields of scientific development, application and technology transfer. At the same time, review and amend the provisions of relevant laws in the transitional provisions.
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Head of the Delegation Affairs Committee Nguyen Thanh Hai discussed at the meeting
In response to the opinions of National Assembly deputies, the draft Law has been revised, accordingly, teachers are entitled to the policy of renting public housing according to the provisions of the Housing Law or are guaranteed collective housing when working in ethnic minority areas, mountainous areas, border areas, islands and areas with particularly difficult socio-economic conditions. At the same time, it is added that in cases where collective housing or public housing cannot be arranged, teachers are supported with housing rent according to the level of support for renting public housing; the criterion of "meeting all essential conditions" in the regulations on collective housing for teachers is removed.
At the meeting, members of the National Assembly Standing Committee gave their opinions on the contents of the report on acceptance, explanation and revision of the draft Law on Teachers. The opinions basically appreciated the careful and elaborate preparation of the drafting agency and the reviewing agency; at the same time, they expressed their agreement with the report on acceptance and revision of the draft Law on Teachers.
To continue perfecting the draft Law, comments and discussions related to the rights and obligations of teachers, teachers' ethics; teacher recruitment; teacher training and development; teacher transfer... There are opinions suggesting that the drafting agency promptly complete the decrees and circulars, as a basis for the National Assembly to consider and pass the Law on Teachers.
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Minister of Education and Training Nguyen Kim Son speaks at the meeting
Thanking the National Assembly Standing Committee, the Committee on Culture and Education and the agencies of the National Assembly for their utmost responsibility, support and assistance in the process of receiving, explaining and perfecting the draft Law on Teachers, Minister Nguyen Kim Son said that the Drafting Committee will continue to closely coordinate with the National Assembly's Committee on Culture and Education to seriously receive, edit and perfect within the possible scope the comments of the members of the National Assembly Standing Committee at the 42nd session.
Explaining some specific issues raised by members of the National Assembly Standing Committee regarding teachers' obligations, decentralization of teacher recruitment, teachers' obligations, regulations on what teachers are not allowed to do, etc., Minister Nguyen Kim Son also shared that the draft Law on Teachers is a new law, the number of teachers is large, many issues are difficult to detail in the provisions of the Law, so the draft Law aims to meet major issues and major requirements.
Concluding the session, Vice Chairwoman of the National Assembly Nguyen Thi Thanh commented: The comments highly appreciated the proactive and active coordination of the Standing Committee of the Culture and Education Committee and the Ministry of Education and Training, along with relevant agencies in receiving and fully explaining the opinions of National Assembly deputies at the 8th session to revise the draft Law on Teachers. The documents submitted to the National Assembly Standing Committee were prepared seriously, with quality and completeness according to regulations.
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Vice Chairwoman of the National Assembly Nguyen Thi Thanh delivered a concluding speech at the meeting.
The opinions also basically agreed with the content of the draft Law that had been reported, recommended, received, and revised by the agencies; the major contents were basically agreed upon.
In conclusion, Vice Chairwoman of the National Assembly Nguyen Thi Thanh also discussed and expressed her views on the contents discussed in the meeting, related to state management of teachers; recruitment and use of teachers; rights and obligations of teachers; policies on teachers' remuneration; retirement policies for teachers; teachers' salaries; funding for teacher training and development; regulations on training of teachers and lecturers...
Emphasizing that the Law on Teachers is of interest to teachers and public opinion nationwide, and that opinions in the Standing Committee all hope that this will be a model law, Vice Chairwoman of the National Assembly Nguyen Thi Thanh suggested that there should be coordination between the two agencies in absorbing as many opinions as possible into the draft Law. The spirit of reporting, explaining, and absorbing is concise and convincing, with the hope that the Law on Teachers will be voted on with the highest consensus rate.
The Vice Chairman of the National Assembly requested the Standing Committee of the Culture and Education Committee to continue to complete the draft Law and send it to the Government for official comments on the contents of acceptance and revision; access the laws being amended, including the Law on Promulgation of Legal Documents to ensure consistency and synchronization between the Law on Teachers and related laws; complete the draft law and detailed documents to report to the National Assembly at the 9th session.
Source: https://moet.gov.vn/tintuc/Pages/tin-tong-hop.aspx?ItemID=10271
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