Mr. Nguyen Hung is a music teacher at a primary school. His school has 15 classes, he teaches 15 music lessons/week and is in charge of the team.
According to Circular No. 05/2025/TT-BGDĐT of the Minister of Education and Training, teachers who are in charge of the team only teach 8 periods/week, but the school reports that Mr. Hung is short of periods, so they arrange for him to teach 8 more periods, and do not count overtime for him.
Mr. Hung asked, is the school calculating his teaching hours like that correct?
Regarding this issue, the Ministry of Education and Training answers as follows:
According to the provisions of point d, clause 3, Article 7 of Circular No. 05/2025/TT-BGDĐT dated March 7, 2025 of the Minister of Education and Training stipulating the working regime for general education teachers and university preparatory teachers, the average teaching period in 1 week for teachers in charge of the Ho Chi Minh Pioneer Youth Team in a primary school with 15 classes is 8 periods.
The payment of overtime teaching salaries for the 2024-2025 school year is implemented according to Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC dated March 8, 2013 of the Minister of Education and Training, the Minister of Home Affairs and the Minister of Finance guiding the implementation of the overtime teaching salary regime for teachers in public educational institutions.
Accordingly, for units or departments lacking the number of teachers approved by competent authorities; units or departments that do not lack teachers, overtime teaching salaries are only paid when teachers take sick leave or maternity leave as prescribed by the Law on Social Insurance or go to study, train, participate in inspection and examination teams and participate in other tasks (hereinafter referred to as going to perform other tasks) assigned and mobilized by competent authorities, other teachers must be arranged to teach instead, if there are teachers who teach beyond the total teaching time limit/year as prescribed in the Circular regulating the working regime for teachers, that teacher falls under the case of being paid overtime teaching salaries.
From the 2025-2026 school year, the payment of overtime teaching salaries will be implemented according to the provisions of Circular No. 21/2025/TT-BGDĐT dated September 23, 2025 of the Minister of Education and Training stipulating the regime of paying overtime teaching salaries for teachers in public educational institutions.
Accordingly, if a teacher teaches beyond the total teaching time limit/year as prescribed in the Circular regulating the working regime for teachers, that teacher is eligible for overtime teaching salary payment.
Therefore, based on the above regulations, the Ministry of Education and Training requests Mr. Nguyen Hung to reflect back to the school principal for settlement according to regulations.
However, according to the provisions of Joint Circular No. 07/2013/TTLT-BGDĐT-BNV-BTC and Circular No. 21/2025/TT-BGDĐT, the time for paying overtime teaching salaries to teachers is implemented after the end of the school year.
