Proposal to expand the scope of application in the draft Law on Teachers

On March 25 at the National Assembly House, the National Assembly Standing Committee held the 7th Conference of full-time National Assembly deputies of the 15th tenure to discuss and give opinions on draft laws submitted to the National Assembly at the 9th Session. At the working session in the afternoon of the same day, full-time National Assembly deputies reviewed and gave opinions on the draft Law on Teachers.

According to the report on some major issues in receiving, explaining and revising the draft Law on Teachers presented at this conference, Chairman of the Committee on Culture and Society Nguyen Dac Vinh said that there were opinions suggesting expanding the scope of application to subjects such as school staff, retired teachers participating in teaching, and educational institution managers; there were opinions suggesting considering regulations on subjects of adjustment for cadres and researchers in Academies and institutes established by the Prime Minister that are allowed to train at doctoral level to ensure consistency with the provisions of the Law on Education.

The Standing Committee of the Culture and Social Affairs Committee said: Clause 1, Article 2 of the draft Law on Teachers stipulates that teachers are those who are recruited and directly perform teaching and educational tasks in educational institutions within the national education system. Accordingly, those who are recruited and work at educational institutions but do not directly perform teaching tasks (such as school accountants, clerks, etc.) are not subject to the regulations of this Law. Retired teachers can participate as guest teachers and operate according to the provisions of the Law on Education. In the case of retired teachers in the public sector, if they are recruited by non-public educational institutions and participate in teaching, they are subject to the regulations of this draft Law.

Educational institution managers who are appointed teachers are within the scope of regulation of this draft Law.

Scene of the 7th Conference of Full-time National Assembly Deputies

Regarding the rights of teachers (Article 8), there is a proposal to add the right of teachers to participate in the management and operation of technology enterprises of higher education institutions. The Standing Committee of the Committee for Culture and Society believes that the fact that teachers are not allowed to participate in the management and operation of enterprises of higher education institutions because it is not regulated by law is one of the shortcomings of higher education that needs to be resolved.

Currently, the Law on Higher Education stipulates that higher education institutions are allowed to establish enterprises. However, according to the provisions of the Law on Public Employees, the Law on Enterprises, and the Law on Anti-Corruption, public employees are not allowed to participate in the management and operation of enterprises, unless otherwise provided by specialized laws.

Incorporating delegates' opinions, the draft Law supplements the rights of teachers in public higher education institutions to participate in the management and operation of enterprises belonging to higher education institutions operating in the field of scientific development, application and technology transfer (Point b, Clause 2, Article 8).

This regulation is also consistent with the content of Resolution No. 193/2025/QH15 dated February 19, 2025 of the National Assembly on piloting a number of special mechanisms and policies to create breakthroughs in the development of science, technology, innovation and national digital transformation.

Regarding the obligations of teachers (Article 9) and things that cannot be done (Article 11), there are opinions that teachers in public educational institutions are considered special civil servants, so it is necessary to review the regulations on obligations to regulate them in accordance with the characteristics of the profession.

Full-time National Assembly delegate discusses draft Law on Teachers

Mr. Nguyen Dac Vinh said that through review, it was found that the regulations on the obligations of civil servants under the Law on Civil Servants are basically consistent with the nature of the professional activities of teachers; at the same time, teachers must also have the responsibility to set an example. Therefore, the draft Law adds a number of obligations mainly related to the responsibility to set an example, respect and ensure fairness in the treatment of students... consistent with the specific nature of the profession of teachers.

Besides, there are opinions that teachers in non-public educational institutions also need to comply with and perform some of the obligations of civil servants like teachers in public educational institutions in complying with guidelines, policies, laws, having a healthy and honest lifestyle...

In response to the opinions of National Assembly deputies, the draft Law was revised in the direction that teachers who are civil servants must, in addition to complying with the provisions of the law on civil servants, also comply with the provisions of relevant laws. Similarly, teachers in non-public educational institutions must comply with and perform their obligations under the provisions of the law on labor and relevant laws to ensure strictness.

Source: https://phunuvietnam.vn/de-nghi-mo-rong-doi-tuong-ap-dung-trong-du-thao-luat-nha-giao-20250325160247074.htm