As Nghe An Newspaper reported in the previous issue, on November 20, 2019, the Department of Finance for the second time issued a document requesting the Provincial People's Committee to direct the District People's Committees to stop paying illegal allowances to teachers who were mobilized and seconded to work at the Department of Education and Training according to Decision 42 of the Prime Minister.
After this document, on December 20, 2019, the Provincial People's Committee assigned the Department of Education and Training to preside over and coordinate with relevant agencies to advise the Provincial People's Committee at the request of the Department of Finance. By March 9, 2020, the Department of Education and Training sent a document of advice to the Provincial People's Committee.
Accordingly, the Department of Education and Training believes that the allowance regime of teachers transferred to work at the Department of Education and Training is not the preferential allowance retention regime according to Decision 42 of the Prime Minister (stipulating the preferential allowance retention regime for teachers who are accepted and successfully recruited as civil servants of educational management agencies and expired on May 31, 2015). These are allowance regimes for teachers, managers, and teachers transferred from affiliated educational institutions to work at the Department of Education and Training. In addition to advising and guiding the professional management of education in the district, they directly work as lecturers in training classes, providing professional training for education officials; participating in training excellent students, gifted students or participating in teaching some lessons at affiliated educational institutions (professional title of teacher and receiving salary at educational institutions). This number is part of the total number of employees assigned to the district-level Education sector.
“In the immediate future, while there are not enough civil servants, the Department of Education and Training proposes to continue implementing the regime in the spirit of Official Dispatch 6612 issued by the Provincial People's Committee on September 24, 2012 and Directive No. 15 dated August 30, 2019 of the Provincial People's Committee,” the document of the Department of Education and Training stated. Therefore, many districts then continued to pay regular allowances to seconded teachers.
Not only is there debate over whether this allowance regime is a preferential allowance reservation regime according to Decision 42 of the Prime Minister, departments and branches also do not share the same opinion on the understanding of the provisions of the Law on Civil Servants.
Accordingly, the Department of Finance has recently requested the Provincial Inspectorate, the Department of Home Affairs and the Department of Education and Training to comment on the provisions of Clause 4, Article 36 of the 2020 Law on Civil Servants. Specifically, this content stipulates that "during the secondment period, the public service unit that sends seconded civil servants is responsible for ensuring the salary and other benefits of civil servants". The Department of Finance requested the above departments and branches to determine the "other benefits" of civil servants, specifically the allowances that seconded teachers are entitled to.
Responding to this issue, according to the Provincial Inspectorate, “other benefits of civil servants” are benefits in accordance with the provisions of law at the place of assignment and the position of work. That is, the types of allowances in accordance with the provisions of law at the place of assignment and the position that the cadre or teacher holds. “Cadres and teachers who are assigned to the Department of Education and Training, do not directly perform tasks at school units but are entitled to corresponding allowances, which is not in accordance with the regulations…”, the Provincial Inspectorate stated its opinion.
Meanwhile, the Department of Education and Training still maintains its viewpoint and once again believes that it is appropriate for teachers on secondment to perform professional tasks at the Department of Education and Training to enjoy full policies for teachers because in addition to consulting and professional management work, they also directly teach training classes, provide professional training for staff in the education sector, train excellent students, gifted classes or participate in teaching some lessons at affiliated educational institutions. The Department of Education and Training believes that although these people are on secondment, they still hold the professional title of teacher (preschool, primary school, secondary school) and receive salary at educational institutions. This regime has been implemented according to the provisions of Clause 4, Article 36, Law on Civil Servants 2020.
The Department of Home Affairs briefly stated that "in addition to salary, seconded civil servants are entitled to other allowances, preferential policies and regimes (if any); applied to each specific case".
Meanwhile, Mr. Nguyen Duc Vinh - Head of the Department of Internal Affairs of Anh Son district said that the payment of allowances to seconded teachers is in accordance with the Law on Civil Servants. "The Law clearly states that during the secondment period, the public service unit that sends seconded civil servants is responsible for ensuring the salary and other benefits of the civil servants. Therefore, in my opinion, the seniority allowance paid to seconded civil servants of the Department of Education and Training is in accordance with regulations. The allowance for teaching is also correct, if it can be proven that the civil servant participates in teaching specialized subjects and training excellent students," said Mr. Vinh.
At the end of 2022, the issue of paying allowances to seconded teachers was once again brought up. This time, the Provincial Inspectorate said that during the 2022 inspection in Ky Son district, a number of violations were discovered in the payment of allowances to seconded teachers.
The Provincial Inspectorate found that the above violations are common in localities, however, the methods and contents of violations in each locality are different. Therefore, in order to have a common handling measure, ensuring consistency, fairness and compliance with regulations in the province, the Provincial Inspectorate recommends that the Provincial People's Committee direct the District People's Committee to promptly conduct inspections and checks on the payment of allowances to seconded teachers; give opinions and directions on considering and agreeing on measures to handle violations in the payment of allowances to seconded teachers; at the same time, direct the District People's Committee to implement the secondment of teachers and pay allowances to them in accordance with the provisions of law and ensure the rights of teachers in the province.
In response to the Provincial Inspectorate's proposal, on November 22, 2022, the Provincial People's Committee assigned the Department of Finance to preside over and coordinate with relevant units to review and advise the Provincial People's Committee on handling. Afterwards, in order to have a basis to advise the Provincial People's Committee, the Department of Finance also sent an official dispatch requesting the Department of Home Affairs and the Department of Education and Training to give their opinions on these contents in writing.
Regarding this issue, the Department of Education and Training still maintains the same viewpoint as before. Accordingly, the Department continues to propose implementing the regime in the spirit of Official Dispatch No. 6612 and Directive No. 15 of the Provincial People's Committee. The District People's Committee mobilizes managers and teachers of affiliated educational institutions to work at the Department of Education and Training and enjoys the working regime for teachers at schools in the central area.
The Department of Home Affairs agrees with the recommendations of the Provincial Inspectorate. At the same time, it recommends that the Provincial People's Committee direct the Department of Education and Training to develop a Resolution regulating support policies for seconded officials, with plans to remove difficulties and obstacles so that the Resolution can be passed, replacing the policies and regulations stipulated in Official Dispatch 6612 issued in 2012 by the Provincial People's Committee.
After synthesizing opinions from the departments, on December 29, 2022, the Provincial People's Committee directed the Chairman of the District People's Committee to urgently conduct inspections and checks on the payment of allowances for seconded teachers, inspection periods 2021 and 2022.