Ms. Pham Thi Nguyen has a regular university degree, was appointed to the civil service in 2009, working as a high school teacher, code 15.113.
In 2010, Ms. Nguyen transferred schools, became a junior high school teacher, and in 2012 was appointed a grade II junior high school teacher and has now held the position for 9 years (code V.07.04.11).
Ms. Nguyen asked: "Recently, I was not transferred to the new grade II (V.07.04.31) because there was no decision to transfer the code from 15.113 to code 15a.201. I would like to ask, if I want to transfer to the new grade II junior high school teacher, what should I do?"
The Ministry of Education and Training responded to this issue as follows:
Clause 1, Article 31 of the Law on Civil Servants stipulates the principles for appointing professional titles for civil servants as follows:
"Working in a job position must be appointed to the professional title corresponding to that job position" and "A person appointed to a professional title must meet the standards of that professional title".
When Ms. Pham Thi Nguyen changes from a high school teacher position to a junior high school teacher position, she must be transferred to the corresponding junior high school teacher professional title/rank by the local competent authority.
At the same time, Point d Clause 5 Article 5 of Circular No. 08/2023/TT-BGDDT dated April 14, 2023 of the Minister of Education and Training amending and supplementing a number of articles of Circulars No. 01, 02, 03, 04/2021/TT-BGDDT dated February 2, 2021 of the Minister of Education and Training stipulating codes, standards for professional titles and appointment and salary arrangement for teaching staff in public preschool and general education institutions stipulates: "The time holding the old professional title is determined to be equivalent to the time holding the transferred professional title".
Thus, when Ms. Nguyen was officially transferred to the professional title of junior high school teacher, the time holding the old professional title was determined to be equivalent to the time holding the transferred professional title.
In addition, the appointment of professional titles of junior high school teachers is implemented according to the provisions of Article 7 of Circular No. 03/2021/TT-BGDDT dated February 2, 2021 of the Minister of Education and Training stipulating codes, standards of professional titles and appointment and salary arrangement for teaching staff in public junior high schools, which has been amended and supplemented in Clause 8, Article 3 of Circular No. 08/2023/TT-BGDDT dated April 14, 2023 of the Minister of Education and Training.
Accordingly, appointment to the professional title of junior high school teacher grade II (code V.07.04.31) for junior high school teachers grade II (code V.07.04.11) with a total time holding the professional title of junior high school teacher grade III (code V.07.04.12) and grade II (code V.07.04.11) or equivalent of 9 years or more (excluding probationary period).
At the same time, the time to hold the equivalent rank for appointment and transfer of the professional title of junior high school teacher from the old rank II as prescribed in Joint Circular No. 22/2015/TT-BGDDT-BNV to the new rank II as prescribed in Circular No. 03/2021/TT-BGDDT is guided by the Minister of Education and Training in Section 3.1 of Official Dispatch No. 4306/BGDDT-NGCBQLGD dated August 14, 2023.
Accordingly, the time to be considered for appointment to the new professional title of grade II secondary school teacher includes: Working time with compulsory social insurance, time holding teacher ranks, time holding professional titles of grade III and grade II teachers and other equivalent time determined by the competent authority when transferring professional titles (excluding probationary period).
The Ministry of Education and Training also requested Ms. Nguyen to provide evidence of the time she held the rank to the competent authority appointing the local professional title for detailed instructions.