Ms. Nguyen Thi Tuyet Hanh is an elementary school teacher, trained as a basic teacher of cultural subjects. Every year, the Board of Directors assigns Ms. Hanh to be the head teacher of the class.
In Ms. Hanh's locality, schools organize 2 sessions/day, with a total of 33 sessions/week. During the week, teachers are given 10 periods off for specialized subjects including: Music (1 period), Fine Arts (1 period), Physical Education (2 periods), English (4 periods), Information Technology and Technology (2 periods). In fact, teachers have to teach 23 hours/week.
Ms. Hanh asked: "Are teachers at my school entitled to overtime? In the 2023-2024 school year, teachers also have to teach Physical Education part-time, leading to overtime. So, are teachers entitled to overtime pay for teaching Physical Education and practical class allowances as well as costumes for physical education teachers? ".
The Ministry of Education and Training (MOET) responded to this issue on the Government Electronic Information Portal as follows:
According to the provisions of Circular No. 05/2025/TT-BGDDT dated March 7, 2025 of the Minister of Education and Training regulating the working regime for general education and university admission teachers, the average teaching period per week for primary school teachers is 23 hours, teachers who concurrently work as homeroom teachers are reduced by 4 hours/week.
Joint Circular No. 07/2013/TTLT-BGDDT-BNV-BTC dated March 8, 2013 on the regime for paying overtime wages clearly states the principle: "Only pay overtime wages at units or subjects with less teachers approved by competent authorities. In case there is no shortage of teachers, only pay when there are people who are sick, pregnant, go to school, work other tasks sent by competent authorities and need other teachers to teach instead".
To be considered for payment for overtime teaching, Ms. Nguyen Thi Tuyet Hanh is requested to report to the school principal, and at the same time request the school to confirm the shortage of departmental teachers, or have concurrent assignments according to the approved plan. On that basis, the school can carry out procedures to pay for overtime teaching if it meets the prescribed conditions.
Regarding the regime for physical education teachers, the compensation regime and the uniform regime for physical education teachers and lecturers are implemented according to the provisions of Decision No. 51/2012/QD-TTg dated November 16, 2012 of the Prime Minister.
Accordingly, physical education teachers are entitled to a compensation regime equal to 1% of the general minimum salary for 1 practical lesson; for teachers and lecturers who teach concurrently (teachers of other subjects teaching concurrently physical education and sports) are provided with 1 set of long-sleeved sportswear/year, 1 pair of sports shoes/year, 2 pairs of sports socks/year, 2 short-sleeved sports shirts/year.
Therefore, the Ministry of Education and Training recommends that Ms. Hanh report to the school principal for guidance and regulation.
