The current draft Law on Teachers, after revisions and amendments, comprises 9 chapters and 46 articles, a reduction of 4 articles compared to the draft presented at the 8th Session. Among these, the proposal to grant recruitment authority to the education sector continues to receive attention and feedback.
Transparent recruitment
The draft law has been amended to stipulate that, for public educational institutions granted autonomy, the head of the institution will be responsible for recruitment and accountable for their decisions.
For public educational institutions that have not been granted autonomy, the competent authority managing the institution shall carry out the recruitment of teachers or delegate this authority to the educational management agency or the head of the institution. The educational management agency shall take the lead in advising the competent authority managing the institution on the implementation or decentralization of recruitment; autonomous non-public educational institutions shall conduct recruitment according to their own organizational and operational regulations.
According to Nguyen Thi Mai Hoa, Deputy Chair of the National Assembly's Committee on Culture and Education, this could be considered a legal measure to address the bottlenecks in the education management mechanism, as the Minister of Education and Training (MOET) once stated at a plenary session of the Committee on Culture and Education: "The education sector controls everything except two things: teachers and finances." However, this is a new policy that defines the role of state management agencies regarding teachers, including the direct management role of education and training management agencies. Therefore, to ensure strict control, the draft law clearly stipulates that "the Government shall uniformly manage the state administration of teachers" before assigning the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs to be responsible to the Government for implementing state management of teachers.
Speaking to the press about the issue of transparency and quality assurance in the recruitment and employment of teachers, given that the head of an educational institution has significant power in teacher recruitment, Dr. Vu Minh Duc, Director of the Department of Teachers (Ministry of Education and Training), stated that to implement the above-mentioned provisions of the Law, the drafting agency must issue guiding documents such as Government Decrees and Circulars of the Ministry of Education and Training... which stipulate the process, procedures, and conditions for teacher recruitment to ensure openness, transparency, and prevent corruption. Furthermore, in fulfilling their state management functions, the Ministry of Interior and the Ministry of Education will be responsible for inspecting and supervising the implementation of legal regulations in recruitment, and implementing supervisory mechanisms for the head of the educational institution.
Proposal to deploy teachers like in the military.
Regarding job reassignment, the draft proposal suggests that teachers must first meet the requirements of the position they will assume. The reassignment of teachers must be conducted openly, transparently, objectively, and in accordance with the law. The education management agency will take the lead in advising the competent authority on the reassignment or will lead the reassignment process according to the delegated authority.
The draft Law on Teachers stipulates that teachers who have worked in ethnic minority areas, mountainous regions, border areas, islands, and areas with particularly difficult socio-economic conditions for three years or more may be transferred by the educational institution where they work and the competent educational management agency if the receiving institution agrees to accept them.
If a teacher's transfer is approved by the directly supervising educational authority, the educational institution from which the teacher is transferring terminates the contract with the teacher, and the educational institution or agency/unit to which the teacher is transferring takes over the process of receiving the teacher.
According to Deputy Speaker of the National Assembly Tran Quang Phuong, in reality, there are many cases where teachers have worked in mountainous areas for three years and requested transfers, but many places do not agree for various reasons. This leads to the situation where teachers remain in remote villages for 10-20 years. Therefore, this proposal needs to be studied and regulated more clearly. The Deputy Speaker of the National Assembly suggested that state management agencies should transfer teachers from lowlands to highlands in the same way as the military. The requirement is that they must go; if they don't go, they will be dismissed.
Source: https://daidoanket.vn/giao-tham-quyen-tuyen-dung-cho-nganh-giao-duc-10300295.html
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