Clarifying the authority between the commune level and the Department of Education in managing educational cadres and civil servants

PHẠM ĐÔNG |

The Ministry of Education and Training is assigned clear guidance on the authority to manage the team of teachers, managers, civil servants and workers in the education sector.

The Government Steering Committee on the arrangement of administrative units at all levels and the development of a model of organizing local government at both levels has just issued Official Letter No. 14/CV-BCD guiding the removal of difficulties and obstacles in operating the model of organizing local government at both levels.

Accordingly, one of the major shortcomings at present is the overlapping authority between the People's Committees at the commune level and the Department of Education and Training in managing the team of teachers, cadres and civil servants in the education sector.

Clause 10, Article 23 of the Law on Organization of Local Government 2025 stipulates the authority of the Chairman of the People's Committee at the commune level: Direct and organize the implementation of the recruitment, use and management of civil servants and public employees in the area according to the provisions of law and the decentralization of the superior state agency.

The Chairman of the People's Committee at the commune level decides to appoint, dismiss, transfer, and remove from the positions of heads and deputy heads of other professional agencies, administrative organizations, and public service units under the People's Committee at his level...

Meanwhile, Point b, Clause 4, Article 20 of Decree No. 142/2025/ND-CP dated June 12, 2025 of the Government on determining the authority of local authorities at both levels in the field of state management of the Ministry of Education and Training is assigning the responsibility to the Department of Education and Training:

Implement recruitment, management, use, appointment, promotion of professional titles, change of professional titles, training, fostering, evaluating... for teachers, management personnel, civil servants and workers in public educational institutions in the province according to regulations.

The above regulation causes difficulties for localities when there are a large number of public service units in the field of education and training in provinces and cities.

For example, Can Tho City has 1,059 public service units established by 103 commune-level People's Committees, in the case of assigning the Department of Education and Training to recruit, use, and manage, causing difficulties for the commune level and not in accordance with the spirit of decentralization and delegation of authority.

Therefore, the Steering Committee assigned Education and Training to preside over and coordinate with relevant ministries and branches to provide specific and clear guidance on the authority to manage the team of teachers, management personnel, civil servants and workers.

The Ministry of Education and Training is also guided through the criteria and procedures to determine the content specified in Clause 4, Article 3 of Circular No. 20/2023/TT-BGDDT dated October 30, 2023 of the Ministry of Education and Training guiding on job positions, the structure of civil servants according to professional titles and norms for the number of employees in public general education institutions and specialized schools, as a basis for localities to implement in accordance with regulations.

At the same time, issue regulations to promote autonomy and socialization of the education sector, especially socialization for preschool and primary school levels; specific instructions on implementing socialization and service price mechanisms in the education sector to reduce pressure on teacher staff.

PHẠM ĐÔNG
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