Increasing salaries, allowances and reducing retirement age for teachers under new draft law

A teacher with his primary students in Trường Sa Primary School in Trường Sa (Spratly) Archipelago in the south central coastal province of Khánh Hòa.—VNA/VNS Photo Hồng Đạt

These are significant highlights in the draft law set to be presented for initial consideration during the ongoing eighth session of the 15th National Assembly.

The draft outlines comprehensive provisions regarding pay, allowances and support for educators, aiming to enhance incentives so that teachers can work without worrying that their salaries are insufficient to cover daily expenses.

Specifically, teachers will have their salaries ranked highest in the administrative salary scale, and occupational allowances, along with various others, will be provided according to the nature of their work and geographical location as stipulated by law.

Teachers in preschool education, those working in particularly challenging areas such as ethnic minority regions, mountainous areas, coastal zones and islands, teachers at special education institutions, educators implementing inclusive education, ethnic-minority teachers and those in certain specialised fields, will receive higher salary and larger allowances compared to their peers.

Newly-recruited teachers will start on a salary one level higher in the administrative salary scale.

The salaries and related policies for educators in private educational institutions must not be lower than those in public educational facilities for the same level of training and designation, unless otherwise agreed.

The new draft law also clarifies certain policies to attract educators.

Under the provisions, teachers will receive allowances and incentive payments. They will be guaranteed essential collective accommodation or access to government housing when working in rural areas, ethnic minority regions, mountainous areas, border zones, islands, and areas with particularly challenging socio-economic conditions. They will also get support for training and professional development.

Earlier retirement

Additionally, the draft law stipulates that preschool teachers may retire up to five years earlier than the standard age, without reductions in their pension benefits due to early retirement.

However, educators holding titles such as professor or associate professor or those with doctoral qualifications, as well as those working in specialised fields, will have the option of retiring at a later age.

The higher retirement age can be implemented if the educational institution has a need and if the educator is in good health and willing to continue.

When opting for the higher retirement age, teachers will not hold leadership or management positions, nor will they retain leadership allowances.

The period of work after reaching the extended retirement age cannot exceed five years for those with doctoral qualifications, seven years for associate professors, and ten years for professors.

According to the Ministry of Education and Training, the retirement policy is specifically designed to cater to the unique characteristics of the profession, while also harnessing the wisdom and experience of educators.

The ministry also said the National Assembly’s Standing Committee confirms that teachers in public educational institutions are considered special civil servants.

Public educators remain civil servants, adhering to the provisions of the Civil Service Law (recruitment, usage, management and salary scales) while also being subject to the specific regulations of the new law.

Private educators and foreign teachers will be classified as special workers, applying the provisions of the Labour Code alongside the specific regulations outlined in the new law.

In this spirit, the draft law on educators has undergone revisions to ensure clarity and coherence with the Civil Service Law and the Labour Code, while also establishing dedicated policies for educators.

The draft law aims to introduce new and breakthrough policies to attract and develop the teaching workforce, ensuring that educators can work with confidence and dedication to their profession.

It seeks to harmonise the management of public and private educators, standardise and enhance the quality of educators, while recognising this as crucial for improving educational quality.

Protection of educators

To strengthen the protection of educators, in addition to clarifying prohibited actions for teachers, the draft law specifies actions that organisations and individuals must avoid towards teachers.

The actions include failing to comply with the established policies and regulations governing educators, publicly disclosing information regarding any misconduct by educators prior to an official ruling by the competent authority during disciplinary reviews or legal accountability proceedings and other actions prohibited by law.

Some concerns were raised regarding the stipulation that prohibits the public disclosure of information on educators' misconduct before an official conclusion was reached, with critics suggesting that could conflict with regulations regarding information disclosure and speech, potentially 'protecting' teachers unduly.

However, the ministry - the drafting body for the law, said that the regulation was essential for protecting teachers, particularly given the current landscape of social media and online information dissemination.

If educators are found to have committed misconduct, established penalties will apply.

Moreover, the unique characteristics of the teaching profession meant that without protective measures, the impact could extend beyond the educators themselves to the students they served, the ministry said.

The draft law also provides clearer stipulations regarding the deployment of teachers, aligned with the specific levels of education and training, including transfers, secondments and inter-school teaching.

Consequently, there will be no transfers for female teachers who are pregnant or caring for children under 36 months, teachers facing particularly difficult circumstances, or whose spouses serve in border or island regions, unless the teachers request such changes.