The draft Law on Teachers, submitted to the National Assembly for first comments at the 8th Session, stipulates disciplinary action against teachers.
Disciplinary action against teachers must not affect the learning activities of students.
Article 43 of the Draft stipulates disciplinary action against teachers as follows:
1. Disciplinary action against teachers in public educational institutions shall be carried out in accordance with regulations on disciplinary action against civil servants and other relevant regulations.
2. Disciplinary action against teachers in non-public educational institutions and foreign teachers shall be carried out in accordance with regulations on disciplinary action against employees, regulations on organization and operation of educational institutions and other relevant regulations.
3. Disciplinary action against teachers must not affect the learning activities of students. The process of considering and disciplining teachers must ensure humanity, preserve the image and reputation of teachers and comply with the provisions in Point c, Clause 2, Article 11 of this Law.
Regarding temporary suspension from teaching, during the disciplinary review period, the head of the educational institution shall decide to temporarily suspend the teacher from teaching if the teacher's continued work may cause difficulties in the review and disciplinary review or affect the teacher's reputation. In case the head of the educational institution shows signs of violation, the competent authority appointing or recognizing the head of the educational institution shall issue a decision on temporary suspension.
For teachers in public educational institutions, the period of temporary suspension from teaching and salary during the period of temporary suspension from teaching shall comply with the provisions of the law on civil servants in cases of temporary suspension from work.
For teachers in non-public educational institutions and foreign teachers, the period of temporary suspension from teaching and salary during the period of temporary suspension from teaching shall comply with the provisions of the law on labor in cases of temporary suspension from work.
Do not publicize teachers' violations until there is an official conclusion.
One of the other notable points of the Draft Law on Teachers is the provision: "Public disclosure of information about teachers' violations when there is no official conclusion from a competent authority during the process of considering discipline or prosecuting legal responsibility for teachers".
There have been many concerns about the above regulation because it is believed that this will be entangled with regulations on information, speech and "defending" teachers.
However, from the Ministry of Education and Training's point of view, this regulation is necessary to protect teachers, especially in the context of social networks and online media developing strongly as it is today. If teachers commit violations, they will be punished according to regulations. The characteristics of teachers' professional activities are special, if there is no plan to protect teachers, the affected subjects will not only be teachers but also students.
