On November 8, speaking with Thanh Nien reporter, Mr. Nguyen Van Duong, a teacher at Phu Xuyen A High School (Hanoi), representing 164 teachers who wish and are eligible for promotion in Hanoi, said he had sent a petition with 2 contents hoping to be "resolved".
Mr. Nguyen Van Duong, representing 164 teachers, submitted a petition to amend the conditions for teacher promotion that Hanoi is applying.
Hanoi still requires a 9-year university degree even though the Ministry of Education and Training stipulates that it is not required?
Mr. Nguyen Van Duong said: "The Hanoi Department of Home Affairs did not properly determine the time to hold the professional title of teachers, and did not implement Official Dispatch No. 4306 of the Department of Teachers and Educational Managers (Ministry of Education and Training), so many teachers were not able to submit their application for promotion this time even though they met the requirements according to regulations.
Decree 115/2020/ND-CP dated September 25, 2020, at Point d, Clause 1, Article 32 stipulates: "In case a civil servant, before being recruited or accepted, has had a working period with compulsory social insurance payment in accordance with the provisions of the Law on Social Insurance, working in a job position with requirements on appropriate professional qualifications and skills, and that time is calculated by the competent recruiting agency or unit as a basis for salary classification in the current professional title, it is considered equivalent to the current professional title rank".
At point 2, clause 9, article 2 and point 3, clause 10, article 3 of Circular No. 08 of the Ministry of Education and Training stipulates: "The time a teacher holds the old professional title of primary and secondary school teacher is determined to be equivalent to the time holding the new professional title of secondary school teacher (code V.07.03.29 and V.07.04.32) from the time the teacher reaches the standard level of training for secondary school teachers according to the 2019 Education Law".
Thus, based on Decree 115/2020/ND-CP, Circular 08 and the series of Circulars 01, 02, 03, 03, 04 issued in 2021 by the Ministry of Education and Training: from the time the teacher meets the standards according to the 2019 Education Law (has a university degree), all working time of the teacher from the time the teacher is covered by compulsory social insurance and holds the old teacher ranks is determined to be equivalent to the current teacher rank (new rank III).
Before the 2019 Education Law took effect from July 1, 2020, junior high school teachers with a college degree were qualified, and teachers with a university degree before this time were above standard.
After the 2019 Education Law takes effect, teachers with a university degree are considered qualified, teachers with only a college degree are below standard and cannot be transferred to the new level III until they have a university degree. Meeting the standards according to regulations is the basis for determining equivalence between teacher levels.
On June 21, the Hanoi Department of Home Affairs issued Official Dispatch 1783 on determining the time to maintain equivalent ranks according to the provisions of Circular 08 of the Ministry of Education and Training.
However, on July 17, the Hanoi Department of Home Affairs continued to issue Official Dispatch 2066, requiring that the working time of teachers be determined to be equivalent to the time holding the professional title of Grade III teacher from the time the teacher is granted a university degree or higher.
Following the above instructions of the Hanoi Department of Home Affairs, the internal affairs departments in all districts have not collected or have collected but returned the records of hundreds of teachers since the end of July with the reason that they do not have a full 9-year university degree.
Most recently, on November 2, the Hanoi Department of Home Affairs continued to issue Official Dispatch 3277, only implementing promotions for teachers who have submitted applications, but not allowing teachers who have held the teaching positions for enough time but have a university degree for less than 9 years to submit additional applications.
Mr. Nguyen Van Duong was upset: "The 2019 Education Law will not take effect until July 1, 2020, but according to the above request of the Hanoi Department of Home Affairs, we are forced to have a level above the standard before the 2019 Education Law takes effect to be considered equivalent to the current new Grade III standard. This is unreasonable and contrary to the regulations on professional title standards according to the 2005 Education Law and Circulars 21 and 22 that took effect before the 2019 Education Law took effect."
"This makes us extremely frustrated, confused and feel like we are being left behind," said Mr. Duong.
Only collect promotion application files of teachers from core level and above?
According to Mr. Nguyen Van Duong, currently, the whole country is implementing the new general education program, educational institutions are lacking teachers and especially need teachers with seniority and experience, so the great demand for teachers in the position of Grade II teachers is inevitable and very necessary at this time.
However, in official dispatch 3277, which requires units to review and compile a list of teachers eligible for promotion and submit it to the department before 5:00 p.m. on November 15, there are many shortcomings and are inconsistent with official dispatch 1783 that the department previously issued.
Specifically, in Official Dispatch 1783, the Department of Home Affairs assigned the review of the structure of professional titles and the need for arranging civil servants to reporting units for implementation, including the following contents: determining the need for arranging civil servants according to professional titles in 2023 according to the job position project; proposing targets for promoting professional titles.
However, official dispatch 3277 stated: "In reality, many units proposed to promote the professional title of teachers from level III to level II without ensuring the structure of the professional title, not meeting the correct subjects and conditions for promotion, pushing the profile and list of promotion to higher levels to avoid responsibility for resolution." Mr. Nguyen Van Duong wondered: "I don't know where this assertion is based?".
According to Mr. Duong, Official Dispatch 3277 only requires "focusing on reviewing and proposing the team of teachers holding leadership and management positions, playing the role of head and deputy head of professional groups and the team of core teachers to be promoted appropriately, playing the role of professional orientation in educational institutions", which is inconsistent with the provisions of Articles 3 and 7 of Circular 34 dated November 30, 2021 of the Ministry of Education and Training, inconsistent with Official Dispatch 1783 of the Department of Home Affairs before and inconsistent with the current situation.
Mr. Duong also said that, implementing the document 3277, currently, many schools only accept applications from core teachers and above, but do not accept applications from non-core teachers and leaders, even though these teachers are eligible to participate in promotion according to the regulations in the government's decrees and circulars of specialized ministries. This once again causes confusion and greatly affects the legitimate rights of teachers.
Therefore, on behalf of 164 teachers, Mr. Duong sent a petition to the Ministry of Education and Training with a document requesting the Hanoi Department of Home Affairs to adjust Official Dispatch 3277 accordingly to comply with legal regulations and instructions and directions from superiors, to properly and promptly organize the promotion of teachers' professional titles so that teachers' rights are guaranteed in accordance with legal regulations.
This group of teachers also recommended that the Hanoi Department of Home Affairs properly implement legal regulations in organizing the promotion of teachers' professional titles.
The Ministry of Education and Training once affirmed that the requirement of 9 years to achieve a university degree is incorrect.
Last August, after teachers' concerns and frustrations about the promotion conditions, the Ministry of Education and Training issued a guiding document. According to the revised regulations in Circular No. 08/2023/TT-BGDDT, the condition for primary and secondary school teachers of the old grade II to be transferred to the new professional title of primary and secondary school teachers of the new grade II is that the total time holding the old grade III and old grade II is at least 9 years (excluding the probationary period).
"In particular, the Ministry of Education and Training does not stipulate the condition of university level of training for the total time of holding this rank. The requirement of some localities that 9 years of holding the old rank III and old rank II must be 9 years of teachers having achieved university level is incorrect," the Ministry of Education and Training emphasized.
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