Ms. T.T. L (Quang Ninh) was recruited as a school equipment staff (code V.07. 07. 20). Due to work needs, Ms. L was transferred by the District People's Committee to teach elementary informatics from September 1, 2024 and is currently performing teaching duties as assigned by the school.
Ms. L has a degree in Information Technology, a certificate of pedagogical skills for primary school information technology teachers and a certificate of professional development for primary school teacher titles.
Ms. L said that she had sent a document requesting consideration of transferring professional titles from equipment staff to Primary school teacher rank III (code V.07. 03. 29), but the management agency replied that there was no basis to consider transferring professional titles from titles applying salary scale A0 to titles applying salary scale A1, with the reason that Clause 4, Article 30 of Decree No. 115/2020/ND-CP stipulates: "Considering transferring professional titles without salary grade promotion".
According to Clause 1, Article 31 of the Law on Civil Servants: "Working in any job position, they are appointed to a professional title corresponding to that job position".
Clauses 1 and 2, Article 30 of Decree No. 115/2020/ND-CP stipulate the consideration of transferring professional titles for public employees when changing positions and meeting the standards of the transferred professional title.
In fact, in many localities, there are cases where public employees are recruited with professional titles applying salary scale A0, then are transferred by competent authorities to directly teach and fully meet the standards of the title Primary School Teacher rank III (title applying salary scale A1). However, the application of regulations in similar cases currently has different understandings between management agencies.
Ms. L asked, in the case of civil servants who have been transferred by competent authorities, are directly teaching and fully meet professional standards, are they eligible for consideration for appointment to the corresponding teacher professional title according to the provisions of Decree No. 115/2020/ND-CP?
How is the regulation in Clause 4, Article 30 of Decree No. 115/2020/ND-CP on "considering transferring professional titles without salary grade promotion" understood in cases where public employees are considered for transfer to other professional titles? Specifically, is this regulation only aimed at preventing grade promotion or salary coefficient increase in the same professional title, or can it be understood as not being considered for transfer to another professional title with a different salary scale, even though public employees have met all the standards and are working in the correct job position?
If appointed to the professional title of teacher according to the above regulations, the salary ranking from the title of equipment staff (code V.07. 07. 20, coefficient 3.65) to the title of Primary Teacher rank III (code V.07. 03. 29) is carried out according to what principles, what is the corresponding coefficient and is this considered a salary raise or not?
Regarding this issue, the Ministry of Home Affairs answers as follows:
Article 30 of Decree No. 115/2020/ND-CP stipulates:
1. The consideration of transferring professional titles is carried out when public employees change jobs where the professional title they are holding is not consistent with the requirements of the new job position.
2. Civil servants considered for transfer of professional titles must meet sufficient standards for the transferred professional title.
3. The head of a public non-business unit decides or requests competent authorities to decide on the consideration of transferring professional titles according to decentralized authority.
4. When considering transferring professional titles, do not combine salary grade increases".
Salary ranking when transferring professional titles of civil servants is implemented according to Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Minister of Home Affairs guiding salary ranking when promoting, transferring ranks, and changing types of civil servants and public employees. The Ministry of Home Affairs requests Ms. T.T. L to study the above regulations and contact and exchange with agencies and units managing civil servants for consideration and guidance.
