The draft Law on Teachers is proposed to supplement the right of teachers to participate in the management and operation of enterprises established by higher education institutions operating in the fields of scientific development, application and technology transfer.
Continuing the 42nd Session, on the morning of February 7, the National Assembly Standing Committee gave opinions on explaining, accepting and revising the draft Law on Teachers. Chairman of the National Assembly 's Committee on Culture and Education Nguyen Dac Vinh said: The draft Law after accepting and revising consists of 09 chapters and 46 articles, 04 articles less than the draft submitted at the 8th Session.
Regarding some major issues in revising the draft Law on Teachers, Mr. Nguyen Dac Vinh said: There are opinions suggesting expanding the scope of application to school staff, retired teachers participating in teaching, and educational institution management staff. The Standing Committee of the Culture and Education Committee said: Clause 1, Article 2 of the draft Law on Teachers clearly stipulates the subjects of teachers within the scope of this Law according to the criteria of "being recruited", "performing teaching and education tasks", "in educational institutions within the national education system".
According to the construction viewpoint of the Law on Teachers and the provisions of the Law on Education, teachers must be those who directly perform teaching tasks, not including school staff.
Retired teachers can participate in professional activities as visiting teachers according to the provisions of the Law on Education (in the case of retired teachers in the public sector, if recruited by a non-public educational institution and participating in teaching, they are within the scope of the draft Law).
Delegates attending the meeting
Regarding the rights of teachers (Article 8) , there is a proposal to add the right of teachers to participate in the management and operation of technology enterprises of higher education institutions. Mr. Nguyen Dac Vinh said: Currently, the Law on Higher Education stipulates that higher education institutions are allowed to establish enterprises. According to the provisions of relevant laws such as the Law on Public Employees, the Law on Enterprises, and the Law on Anti-Corruption, public employees are not allowed to participate in the management and operation of enterprises, except in cases where specialized laws provide otherwise.
Specifically, the Law on Civil Servants stipulates that civil servants are allowed to contribute capital but are not allowed to participate in the management and operation of limited liability companies, joint stock companies, partnerships, cooperatives, private hospitals, private schools and private scientific research organizations, except in cases where specialized laws provide otherwise (Clause 3, Article 14).
To remove limitations and shortcomings in the management and operation of enterprises belonging to higher education institutions, the examining agency and the drafting agency unanimously proposed to add to Point b, Clause 2, Article 8 the right of teachers to participate in the management and operation of enterprises established by higher education institutions operating in the fields of scientific development, application and technology transfer.
Source: https://phunuvietnam.vn/bo-sung-quyen-cua-nha-giao-duoc-tham-gia-quan-ly-dieu-hanh-doanh-nghiep-20250207084738252.htm
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