Pursuant to Clause 2, Article 4 of the Law on Cadres and Civil Servants 2008, amended by Clause 1, Article 1 of the Law on Cadres and Civil Servants and the Law on Public Employees amended in 2019, civil servants are Vietnamese citizens and are recruited and appointed to ranks, positions, and titles corresponding to job positions at the following agencies and units:

• Agencies of the Communist Party of Vietnam, the State, socio-political organizations at central, provincial and district levels;
• Agencies and units of the People's Army that are not officers, professional soldiers, or defense workers;
• Agencies and units of the People's Public Security that are not officers or non-commissioned officers serving under a professional regime, police workers, on the payroll and receiving salaries from the state budget.

Next, Article 2 of the 2010 Law on Public Employees stipulates that public employees are Vietnamese citizens recruited according to job positions, working at public service units under labor contracts, receiving salaries from the salary fund of public service units according to the provisions of law.

In which, public service units are organizations established by competent state agencies, political organizations, and socio-political organizations according to the provisions of law, have legal status, provide public services, and serve state management.

Along with that, based on Clause 1, Article 66 of the 2019 Law on Education, teachers are those who teach at preschool, general education, elementary, intermediate, university levels... Thus, preschool, general education, elementary, intermediate, university... in the field of vocational education will be public service units.

Therefore, teachers working under contract at public service units are generally called civil servants. In the case that teachers only work under labor contracts, they are ordinary workers and not civil servants or public employees.

What is the teacher's duty?

Pursuant to the provisions of the 2019 Education Law on the duties of teachers, teachers must conduct teaching and education according to educational goals and principles, fully and qualitatively implement the educational program. At the same time, they must be exemplary in fulfilling their civic duties, school regulations, and teachers' code of conduct.

On the other hand, teachers must maintain the qualities, prestige and honor of teachers; respect and treat students fairly; protect the legitimate rights and interests of students. Study and practice to improve moral qualities, political level, expertise, professionalism, innovate teaching methods, and set a good example for students.

Meanwhile, Article 70 of the 2019 Law on Education stipulates the rights of teachers (including both teachers and lecturers) as follows:

• Taught according to training major;
• Trained and fostered to improve political, professional and technical qualifications;
• Contracted to lecture or conduct scientific research at other educational institutions or scientific research institutions;
• Respected, protected dignity, honor and body;
• Get summer vacation as prescribed by the Government and other holidays as prescribed by law.

Source: https://vtcnews.vn/giao-vien-la-cong-chuc-hay-vien-chuc-ar939524.html