Ms. Do Thi Huong (Phu Tho) passed the education civil servant exam in December 2016, was ranked as a Grade II Primary School Teacher, code V.07.03.07, salary level 1 (2.34) and 1 year's probationary period. In January 2023, due to the conditions of living away from home, she quit her job and moved closer to home, took the re-examination and passed the entrance exam, was ranked as a Grade III Primary School Teacher, code V.07.03.29, with a salary system of 2.34 and was exempted from probation.
Ms. Huong asked, will the time she taught before be counted consecutively so that when she is 9 years old, she can apply to become a Grade II Primary School Teacher with code V.07.07.28?
The Ministry of Education and Training responds to this issue as follows:
In January 2023, the recruitment, use and management of civil servants will be implemented according to Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government. Accordingly, Clause 5, Article 13 of Decree No. 115/2020/ND-CP stipulates:
"In case a person is recruited or accepted to work as a civil servant according to the provisions of this Decree, and is assigned to work in the same industry, training profession or according to the same professional expertise he has previously held, the working time with compulsory social insurance payment according to the provisions of the Law on Social Insurance before the date of recruitment or admission to work as a civil servant (if there is a working time with compulsory social insurance payment that is not continuous but has not received a one-time social insurance subsidy, it will be accumulated) at the training level corresponding to the training level according to the requirements of the recruited and received job position, it will be counted as a basis for salary classification according to the job title in accordance with the recruited and received job position".
Clause 5, Article 21 of Decree No. 115/2020/ND-CP stipulates: "Do not implement the probationary regime for cases that have worked for compulsory social insurance contributions in accordance with the provisions of the Law on Social Insurance, are assigned to work in the correct profession or training profession or in the correct professional expertise that they have previously held, and the working period with social insurance contributions (if interrupted, they will be accumulated) is equal to or greater than the probationary period corresponding to the probationary period of the recruited professional title prescribed in Clause 2 of this Article. For cases that do not implement the probationary regime, the head of the public service unit must send civil servants to participate in the training course to complete the standards and conditions of the professional title of civil servants before appointment".
Before being recruited as a primary school teacher near her home, Ms. Do Thi Huong had worked as a primary school teacher for a period of time, so she was assigned to work according to the professional expertise she had previously held.
The time she worked as a primary school teacher was about 6 years and 1 month (according to the information she provided), which is greater than the probationary period required for primary school teachers (according to regulations, 12 months). If she has paid compulsory social insurance in accordance with the provisions of the Social Insurance Law during this time, she will not have to undergo a probationary period.
At the same time, if during this time she has paid compulsory social insurance in accordance with the provisions of the Social Insurance Law but has not received a one-time social insurance allowance, it will be calculated as the basis for salary classification when recruited as a primary school teacher at a nearby location.
The Ministry of Education and Training requests Ms. Huong to provide complete documents on training qualifications, work processes, and compulsory social insurance payment process to the competent authority appointing professional titles and salary classification for specific instructions.
Conditions for considering promotion of professional titles
Clause 12, Article 5 of Circular No. 08/2023/TT-BGDDT stipulates: "From November 3, 2015 to the effective date of this Circular, in case preschool and primary school teachers are appointed to a higher rank after the end of their probationary period or after achieving a training level higher than the prescribed level but not meeting other standards as well as not being admitted in exams or being considered for promotion organized by competent authorities, they must be reappointed to the correct rank according to regulations (including cases of recruitment before November 3, 2015 and completing the probationary period according to regulations after November 3, 2015)".
When recruited as a primary school teacher in December 2016, Ms. Huong was immediately appointed to grade II (code V.7.03.07) without taking an exam or being considered for promotion organized by the competent authority. Therefore, she is eligible for reappointment to grade III as prescribed above.
Therefore, she needs to prepare conditions and register to consider promoting primary school teachers from Grade III to Grade II when organized by local competent authorities. If she is admitted, she will be appointed to the professional title of Grade II Primary School Teacher (code V.07.07.28).
