The draft Law on Teachers, after being accepted and revised, consists of 9 chapters and 46 articles, 4 articles less than the draft submitted at the 8th Session. In particular, the proposal to assign recruitment authority to the education sector continues to receive attention and comments.
Transparent recruitment
The Draft Law is adjusted in the direction that, for public educational institutions that are given autonomy, the head of the educational institution will carry out 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 carry out the recruitment of teachers or delegate the recruitment to the educational management agency or the head of the educational institution. The educational management agency shall preside over advising the competent authority managing the educational institution to carry out or preside over advising on the decentralization of recruitment; non-public educational institutions shall autonomously carry out recruitment according to their own regulations on organization and operation.
Vice Chairwoman of the National Assembly's Committee on Culture and Education Nguyen Thi Mai Hoa acknowledged that this can be considered a legal sanction to remove bottlenecks in the education management mechanism that the Minister of Education and Training (MOET) once stated at a plenary session of the Committee on Culture and Education: "The education sector is holding everything, except for two things: Teachers and finance". However, this is a new policy, defining the role of state management agencies on teachers, including the direct management role of education and training management agencies. Therefore, to ensure strictness, the Draft Law clearly stipulates that "The Government unifies state management of teachers" before assigning the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs to be responsible to the Government for implementing state management of teachers.
Talking to the press about the issue of transparency, ensuring the quality of recruitment and use of teachers when the head of the educational institution has great power in recruiting teachers, Dr. Vu Minh Duc - Director of the Department of Teachers (Ministry of Education and Training) said that to implement the above provisions of the Law, the drafting agency must issue guiding documents such as the Government's Decree, the Ministry of Education and Training's Circular... which stipulate the process, procedures, and conditions for recruiting teachers to ensure publicity, transparency, and prevent negativity. On the other hand, performing the function of state management, the Ministry of Home Affairs and the education sector will be responsible for inspecting and supervising the implementation of legal provisions in recruitment, implementing monitoring mechanisms for the head of the educational institution.
Proposal to mobilize teachers like in the army
Regarding the transfer of work positions, the draft proposes that teachers must first meet the requirements of the work positions they will undertake. The transfer of teachers must be carried out publicly, transparently, objectively, and in accordance with the provisions of law. The education management agency shall take the lead in advising the competent authority to carry out the transfer or take the lead in carrying out the transfer according to decentralization and authorization.
The Draft Law on Teachers stipulates that teachers who have worked in ethnic minority areas, mountainous areas, border areas, islands and areas with especially difficult socio-economic conditions for 3 years or more will be transferred by the educational institution where the teacher works and the competent educational management agency when the destination agrees to accept them.
If a teacher is approved for transfer by the directly managing educational management agency, the educational institution from which the teacher is transferred will terminate the contract with the teacher, and the educational institution or agency or unit from which the teacher is transferred will carry out the reception.
According to Vice Chairman of the National Assembly Tran Quang Phuong, in reality, there are many cases of teachers working in mountainous areas for 3 years and requesting to be transferred, but many places do not agree for various reasons. This leads to the situation of teachers staying in remote areas for 10-20 years. Therefore, this proposal needs to be studied and regulated more clearly. The Vice Chairman of the National Assembly proposed that the state management agency that transfers teachers from the lowlands to the highlands must do the same as the army. The rule is that they must go, otherwise they will quit their jobs.
Source: https://daidoanket.vn/giao-tham-quyen-tuyen-dung-cho-nganh-giao-duc-10300295.html
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