How is the authority to transfer teachers regulated?

Legal Consulting Office of Lao Dong Newspaper answers:

Clause 2, Article 12 of Decree 93/2026/ND-CP detailing and guiding the implementation of a number of articles of the Law on Teachers (effective from March 31, 2026), stipulates the authority to transfer teachers as follows:

a) The Chairman of the Commune-level People's Committee shall implement the transfer of teachers, teachers holding educational institution management positions from this public educational institution to another public educational institution under its management authority or from educational institution to another agency or unit under its management authority;

b) The Director of the Department of Education and Training shall transfer teachers and lecturers holding educational institution management positions from this public educational institution to another public educational institution under their management authority; or from this public educational institution to another public educational institution under the management authority of 02 different commune-level administrative units in the province or city; or from a public educational institution under their management authority to a public educational institution under the management authority of the commune-level People's Committee in the province or city and vice versa; or from a public educational institution to another agency or unit under the management authority of the provincial-level People's Committee; or from a public educational institution under the management authority of the provincial-level People's Committee to another educational institution, agency, unit under the province or city directly under the Central Government and vice versa;

c) Heads of professional education institutions and public higher education institutions issue regulations on teacher transfer and implement teacher transfer under their management authority;

d) The Minister of National Defense, the Minister of Public Security regulate the transfer of teachers in schools of the people's armed forces;

d) For educational institutions not falling under the cases specified in points a, b, c and d of this clause, the competent authority managing the educational institution shall decide on the transfer of teachers;

e) Provincial People's Committees shall, based on the provisions of this Article, relevant legal regulations and the actual conditions of the locality, issue regulations on teacher transfer to organize the implementation of teacher transfer for cases specified in points a and b of this clause. The teacher transfer regulations specifically stipulate the subjects, time of teacher transfer and other related contents in accordance with actual conditions.

Thus, from March 31, 2026, the authority to transfer teachers is regulated as above.