Mr. Pham Hung Kiet (Thanh Hoa) is currently a former Grade II secondary school teacher (code V07.04.11). When he was recruited, Mr. Kiet was a Grade II secondary school teacher and had worked in the education sector for 8 years.
Mr. Kiet asked, he has a master's degree that meets the training standards for a Grade II Secondary School Teacher, so can he be transferred to a new rank?
Regarding this issue, the Ministry of Education and Training responded on the Government Electronic Information Portal as follows:
According to the provisions of the Law on Civil Servants and documents guiding the implementation of the Law, a person appointed to a professional title must meet the standards of that professional title (Point b, Clause 1, Article 31 of the Law on Civil Servants) and the change of professional title from a lower rank to the next higher rank must be done through an exam or promotion review (Clause 2, Article 29 of Decree No. 115/2020/ND-CP, now only the promotion review form is available according to the adjusted provisions of Decree No. 85/2023/ND-CP).
Eight years ago (around 2016), the professional title standards of junior high school teachers were implemented according to the provisions of Joint Circular No. 22/2015/TTLT-BGDDT-BNV.
Accordingly, junior high school teachers are classified into 3 levels from low to high as follows: level III, level II, level I. In the regulations on professional title standards for junior high school teachers level II, in addition to the requirements on training and development standards, there are also standards on teachers' achievements and contributions, and requirements on the time holding level III. At the same time, the teacher recruitment period is not an exam or a review for promotion to professional titles.
Therefore, if Mr. Pham Hung Kiet is appointed to the professional title of Grade II Secondary School Teacher immediately after recruitment, it is not in accordance with regulations and he is subject to re-appointment according to the regulations of the Ministry of Education and Training in Clause 12, Article 5 of Circular No. 08/2023/TT-BGDDT:
"From November 3, 2015 to the effective date of this Circular, in case preschool and general education teachers are appointed to a higher rank after the end of the probationary period or after achieving a higher training level than the prescribed level but have not met other standards and have not passed the exam or promotion review organized by the competent authority, they must be reappointed to the correct rank according to regulations (including cases of recruitment before November 3, 2015 and completion of the probationary period according to regulations after November 3, 2015)".
In Mr. Kiet's case, the Ministry of Education and Training recommends contacting directly the competent authority to appoint professional titles according to local decentralization for specific instructions.
