Article 19 of the 2025 Law on Teachers stipulates the issue of teacher transfers. Accordingly, Clause 1 of this Article clearly states that the transfer of teachers must be approved by the educational institution, agency, or unit where the teacher is transferred and received. The educational institution, agency or unit where the teacher is transferred and transferred are responsible for reporting to the management agency in accordance with the provisions of law.
Clause 2 of Article 19 also states cases that are not allowed to be transferred, specifically as follows:
Teachers are undergoing disciplinary review and handling; are being inspected, verified, audited, investigated, prosecuted, and tried;
Teachers have not completed 03 years of working experience from the date of being recruited as teachers, except in cases of voluntary transfer to educational institutions in ethnic minority areas, mountainous areas, border areas, islands and areas with particularly difficult socio-economic conditions.
Also according to Article 19, the educational institution where the teacher is transferred terminates the contract with the teacher; the educational institution, agency, or unit where the teacher is transferred will accept the teacher.
The 2025 Law on Teachers also stipulates the issue of mobilizing and seconding teachers, respectively, in Articles 17 and 18, specifically:
In Article 17, teacher mobilization is carried out in the following cases:
Arrange teachers due to rearrangement of educational institutions or solve the problem of teacher surplus and shortage;
Resolve policies for teachers after the end of their time mobilized to work in ethnic minority areas, mountainous areas, border areas, islands and areas with particularly difficult socio-economic conditions;
Support improving the quality of teaching, education, and management of educational institutions;
According to the requirements and professional tasks of the education management agency.
The principles of teacher mobilization are stipulated as follows:
The transferred teacher must meet the requirements of the job position he/she will take on;
Teacher mobilization work must be carried out publicly, transparently, objectively, and in accordance with the provisions of law.
Clause 3, Article 17 also states that cases of non-transfermentation include:
Female teachers who are pregnant or raising children under 36 months old; teachers in especially difficult circumstances; teachers whose spouses are being mobilized, seconded or assigned to work in ethnic minority areas, mountainous areas, border areas, islands and areas with particularly difficult socio-economic conditions. The transfer of teachers is still carried out for the subjects specified in this point if the teacher wishes to be transferred;
Teachers are subject to the need to change their positions according to the provisions of the law on corruption prevention and control and other relevant legal provisions.
The Government will specify in detail the authority and subjects of teacher mobilization; and prescribe the conservation of regimes and policies in teacher mobilization.
Regarding the secondment of teachers in public educational institutions, the law stipulates that this must be done in accordance with the provisions of the current law on secondment of civil servants.
