Ms. Pham Thi Truc Giang (Ca Mau) graduated with a degree in computer science. In 2014, she was recruited for a position as a clerk at a secondary school, code 01a.003. In 2022, she graduated from the University of Information Technology, applied to transfer from staff to teacher, but the Department of Home Affairs said she could not transfer.
According to the Department of Home Affairs, Ms. Giang must study a certificate of clerical and archival nghiệp vụ (professional skills) to transfer to the clerical rank, and must be promoted to a professional title from clerical with college salary to university to be eligible to transfer to the teacher rank.
Ms. Giang asked, what are the conditions for transferring from clerical staff to teachers based on regulations?
Regarding this issue, the Ministry of Education and Training answers as follows:
At the time she proposed, Article 32 of the Law on Public Employees No. 58/2010/QH12 amended and supplemented by Law No. 52/2019/QH14 stipulated: "When a public non-business unit has a need, a public employee may be transferred to a new job position if they meet the professional and nghiệp vụ standards of that job position...".
In case the school has a need, if the civil servant meets the professional and nghiệp vụ standards of the job position and wishes to transfer to the teacher job position, it is necessary to have the approval of competent authorities to organize the change of job position and professional title according to the provisions of law.
Office workers and teachers belonging to two different professional fields cannot default to the same level of complexity as a basis for directly transferring job positions and professional titles without checking and evaluating standards, conditions, qualifications, professional capacity, and nghiệp vụ, including pedagogical nghiệp vụ.
According to the provisions of Clauses 1 and 2, Article 30 of Decree No. 115/2020/ND-CP (amended and supplemented by Decree No. 85/2023/ND-CP): The consideration of transferring professional titles is carried out when public employees change jobs where the professional title they are holding is not consistent with the requirements of the new job position. Public employees considered for transferring professional titles must meet sufficient standards for the transferred professional title.
