Ms. Huynh Thi Thu Van has been a junior high school teacher for 24 years, currently receiving a salary according to the professional title of Grade II junior high school teacher, code V.07.07.11.
Ms. Van has a university degree in pedagogical studies in 2008, a certificate of training for the professional title of Grade II Secondary School Teacher in 2019, has a period of holding the title of Senior Secondary School Teacher, code 15a.201 of 6 years, the period of holding the title of Grade II Secondary School Teacher (V.07.04.11) of 8 years, has many certificates of merit, certificates of merit at district and provincial levels.
When transferred, Ms. Van was transferred to the new Grade II Secondary School Teacher, code V.07.07.31, to be enjoyed from June 1, 2023. The competent authority where Ms. Van works requires sufficient evidence of the duties in Clause 1, Article 4 of Circular No. 03/2021/TT-BGDDT to be eligible from April 1, 2021 (the effective date of Circular No. 03/2021/TT-BGDDT).
However, because Ms. Van did not provide enough evidence of her duties in Clause 1, Article 4 of Circular No. 03/2021/TT-BGDDT, she was only entitled to receive it from June 1, 2023 (Circular No. 08/2023/TT-BGDDT took effect).
Ms. Van asked, is the determination of the time to receive the regime according to the professional title of Grade II Secondary School Teacher based on the proof of duties?
The Ministry of Education and Training responded to this issue on the Government Electronic Information Portal as follows:
The appointment of the professional title of Grade II Secondary School Teacher (code V.07.04.31) is implemented according to the provisions of Point b, Clause 1, Article 7, Circular No. 03/2021/TT-BGDDT, which has been amended and supplemented in Clause 8, Article 3, Circular No. 08/2024/TT-BGDDT.
Accordingly, appointment to the professional title of Grade II Secondary School Teacher (code V.07.07.31) for Grade II Secondary School Teacher (code V.07.07.11) with a total professional title of Grade III Secondary School Teacher (code V.07.07.04/12) and Grade II (code V.07.07.11.11) or equivalent of 9 (nine) years or more (excluding probationary period).
Thus, the regulation on appointment from Grade II (code V.07.04.11) to Grade II (code V.07.07.31) only requires the time to hold the rank, not the requirement to fully perform the tasks of Grade II teachers.
In addition, Clause 2, Article 5 of Circular No. 08/2023/TT-BGDDT stipulates: "The duties of teachers prescribed for each professional title rank are the tasks that teachers perform after being appointed to the rank and during the tenure of the rank if assigned by the head of the public service unit.
The head of a public service unit can assign teachers to perform tasks of a higher rank if the teacher is capable of doing so. For tasks according to the professional title rank that public kindergartens and general schools are not assigned or are not qualified to perform, the head of public kindergartens and general schools shall decide on the conversion to other related tasks to serve as a basis for evaluating the performance of teachers' tasks".
Therefore, depending on the actual tasks assigned by the school, the principal may or may not assign all the tasks of Grade II to teachers.
Thus, in the case of Ms. Huynh Thi Thu Van who meets the requirements for the total time holding Grade II and Grade III mentioned above, she will be appointed to the professional title of Grade II Secondary School Teacher (code V.07.07.04.31).
