On May 15, 2025, the Ministry of Education and Training (MOET) announced a draft Circular regulating the regime of paying overtime salaries for teachers in public educational institutions on the Ministry's Electronic Information Portal to collect comments according to regulations.
This draft circular will replace the current Joint Circular No. 07/2013/TTLT-BGDDT-BNV-BTC (Connecting Circular No. 7)
The draft circular removes the regulation on the conditions for paying overtime allowances for teachers in Clause 6, Article 3 of Joint Circular No. 7, instead only stipulating the total maximum number of teaching hours in a school year for which each educational institution is paid for overtime teaching salaries.
At the same time, it is added a regulation that the total number of extra teaching hours in a school year of all teachers must not be higher than the total maximum number of extra teaching hours in a school year of the educational institution.
In case the subject cannot arrange enough teachers to teach, the teacher must exceed the maximum number of hours paid to a teacher, the head of the educational institution reports to the competent management mechanism to pay for tutoring wages for teachers.
Adjusting the total number of extra teaching hours in a school year for teachers paid for overtime teaching salaries
Joint Circular No. 7 stipulates that the total number of extra teaching hours to be paid for overtime pay in a school year does not exceed the number of overtime hours as prescribed by law. However, the new draft circular stipulates that preschool teachers must not exceed the number of overtime hours as prescribed by the law on labor. For other teachers, it is not more than 150 hours of teaching.
According to the Ministry of Education and Training, the regulation aims to ensure that teachers do not have to work too much, and have time to rest to rest and restore their labor force.
Supplementing regulations on the responsibility to pay overtime wages for teachers teaching in inter-schools or seconded schools
It is expected that teachers' overtime teaching salaries will be sent to secondment by competent authorities and paid by the educational institution where the teacher is seconded. The salary for extra teaching hours of teachers is sent by competent authorities to teach at inter-schools and is paid by the educational institution where the teachers teach at the inter-school.
In case a teacher is sent to inter -school and at the same time, with 3 or more educational institutions (including educational institutions at the teacher's worker), the teacher's extra time salary is paid by the educational institutions that the teacher comes to inter -school teaching, the number of tutoring hours of teachers is divided equally to these educational institutions.
The new draft circular supplements the regulation that tasks that have received remuneration in money or allowances cannot be converted to teaching hours or have their teaching hours reduced to calculate overtime wages, unless otherwise provided by law;
Supplementing regulations on the time of payment of overtime salary for teachers.
Preschools, general education institutions, continuing education institutions, university providers, specialized schools and vocational education institutions shall pay teachers for overtime teaching salaries after the end of the school year.
Supplementing regulations on payment of overtime wages for teachers who have worked for less than 1 school year
It is expected that for teachers due to retirement, sick leave or maternity leave beyond the provisions of law, unpaid leave or other cases of leave do not directly participate in teaching, they are entitled to extra time for tutoring for actual working time. This, creating a legal corridor for educational institutions to pay for additional tutoring for retired teachers, sick leave or maternity leave beyond the provisions of law, unpaid leave or other cases without directly participating in teaching.
Educational institutions are subject to the regulations on overtime salary payment in this Circular when paying overtime salary to teachers in the 2024-2025 school year.
