TEACHERS WHO VOLUNTEER TO BE SECONDED TO TEACH IN LAOS ARE NOT GRANTED EXCEPTIONAL SELECTION FOR RECRUITMENT AFTER RETURNING. IS IT REASONABLE FOR THEM?
The Director of the Department of Justice of Quang Tri province has spoken up in defense of the teachers who were seconded to Laos to teach under the decision of the Provincial People's Committee, but when they returned, their rights were not guaranteed.
Teachers are seconded to Laos to teach by the provincial People's Committee
According to Dan Viet, in 2018, there were 3 teachers in Quang Tri, including Phan Thi Thuy Dung (born in 1990, residing in Vinh Linh district), Nguyen Thi Y Nhi (born in 1990, residing in the Hai Lang district), Nguyen Thi Thanh Thuy (born 1996, residing in Vinh Linh district) were seconded to Savannakhet province (Laos) to teach by the People's Committee of Quang Tri province.
The teachers went to Laos in accordance with decision No. 10/2014/QĐ of the People's Committee of Quang Tri province signed on 27/2/2014 (called Decision No. 10). Decision No. 10 stipulates that candidates for exceptional selection for recruitment are those who have been seconded by the Provincial People's Committee and have completed their teaching obligation for at least 3 years in the Lao People's Democratic Republic and returned to Viet Nam.
The Vietnamese Association in Savannakhet province is the unit that receives and assigns teachers to teach in Laos schools.
As the teachers were working hard on podiums, the Covid-19 pandemic broke out with complicated and unpredictable developments. Therefore, on March 18, 2020, the Vietnamese Association in Savannakhet province brought the 3 teachers back to Quang Tri.
On January 19, 2021, the Vietnamese Association in Savannakhet province issued Document No. 719 stating that the Covid-19 pandemic had not been controlled, and travelling was very difficult because the border gates of the two countries were not processing exit and entry procedures for the above 3 teachers to go back to Laos to teach.
According to the Vietnamese Association in Savannakhet province, the three teachers who had been teaching since 2018 would fulfill their international cooperation obligations by 2021. Because of the pandemic, it was not possible to continue teaching, so the Association held a meeting and found that in the two school years 2018-2019 and 2019-2020, the 3 teachers had completed their teaching tasks, and asked Quang Tri province to consider exceptional recruitment for the teachers. However, until now, these three teachers have not been exceptionally recruited.
Mr. Tran Huu Anh - Deputy Director of the Department of Home Affairs of Quang Tri province said that previously, according to Decree No. 29/2012 of the Government, the People's Committee of Quang Tri Provincial issued and implemented Decision No.10. However, Decision No. 10 was replaced with Decision No.31 according to Decree No.161/ 2018 of the Government. Moreover, later there is also Decree No.115/2020 of the Government.
According to the above decrees and decisions, the three teachers are not eligible for exceptional selection for recruitment and have to be recruited normally.
Is it reasonable?
Regarding this controversial problem, lawyer Nguyen Cong Tin - FDVN Law Firm, Da Nang Bar Association said that all 3 teachers who were seconded to Laos by the People's Committee of Quang Tri province to teach were very enthusiastic, self-sacrificing, active in teaching and they have fulfilled their assigned duties.
Now when they return to their own homeland, it really is a shame that all the three teachers are not guaranteed the benefits from the "commitment" in Decision No. 10, for the reason that the legal policy has changed.
Specifically, Decision 31 (effective on July 9, 2019) has replaced and abolished the exceptional selection for recruitment in Decision No. 10.
Lawyer Tin said that law application above is not following the basic principle and at the same time unreasonable.
In particular, it went against the principle of application of the law. According to this principle, the law effective when an act is conducted shall regulate that act (Article 156 of the Law on promulgation of legislative documents). That is, the teachers who are seconded under Decision No. 10 have to be entitled to the special policy in accordance with Decision No. 10. The abolition of the exceptional selection for recruitment under Decision No. 31 only applies to the cases that occur after the Decision No.31 takes effect.
It is unreasonable because it does not ensure social justice. The teachers have sacrificed a part of their youth and devoted themselves to the locality and the friendship between the two countries Vietnam - Laos, completed their assigned tasks. Now that the teachers wish to continue contributing to Quang Tri province, the province needs to ensure their rights and treat them fairly.
It is true that the current law has strict regulations on recruitment, employment, and management of public employees, leading to changes in local government documents to ensure uniform application of the law. But the core, important role of the law is to ensure social justice.
Lawyer Tin expressed his opinion that: “in this case, if we don't treat the teachers fairly, I'm afraid that the harm caused will be more than the benefit, the role of the law is not promoted, and the people's faith in the system will be heavily affected"
On July 31, in response to Dan Viet Reporter, Mr. Hoang Ky - Director of the Department of Justice of Quang Tri province said it was lawful that the Department of Home Affairs denied to recruit the 3 teachers in accordance with the decree. By principle, all subordinate levels of law must be applied according to superior laws. Here, Decision No. 10 is a subordinate legislative instrument, and Decree 161 issued by the Government is superior to it.
However, in the case of these three teachers, it is necessary to apply the policy according to Decision No.10 because when the teachers were seconded to Laos according to the decision of the Provincial People's Committee, they accepted the sacrifice of their youth to enjoy the political benefits according to Decision No. 10. Now, if the teachers are not allowed to enjoy policies according to Decision No. 10, they would suffer a great loss.
"In my opinion, it is necessary to pay attention to and consider so that teachers can enjoy the exceptional recruitment policy according to Decision No. 10" - Mr. Ky said.
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