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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
44/2009/QH12
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Hanoi,
November 25, 2009
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LAW
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE
EDUCATION LAW
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending and Supplementing a Number
of Articles of Education Law No. 38/2005/QH11.
Article 1.
To amend and supplement a number of articles of the Education Law.
1. To amend and supplement
Clause 2, Article 6 as follows:
"2. Educational programs
must ensure modernity, stability, consistency, practicality, reasonability and
inheritability among different educational grades and different training
levels: facilitate the streaming, transferability and conversion between
training levels, disciplines and educational forms in the national education
system; provide a basis to ensure comprehensive education quality; and meet
international integration requirements."
2. To amend and supplement
Clause 1, Article 11 as follows:
"1. Preschool education for
five-year-old children, primary education and lower secondary education shall
be made universal. The State shall decide on educational universalization plans
and assure conditions for the universalization of education nationwide."
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"Article 13. Investment in
education
Investment in education is
development investment. Investment in education is a particular investment in
the domain subject to conditional investment and entitled to investment
incentives.
The State prioritizes investment
in education, encourages domestic organizations and individuals, overseas
Vietnamese and foreign organizations and individuals to invest in education and
protects their legitimate rights and interests.
The Stale budget must play the
key role in the total resources invested in education."
4. To amend and supplement
Clause 3, Article 29 as follows:
"3. The Minister of
Education and Training shall, based on appraisals made by the National Council
for Appraising General Education Programs and Textbooks, promulgate general
education programs; approve and select textbooks for official, stable and
uniform use in teaching and learning at general education institutions,
including textbooks in Braille and ethnic minority languages and textbooks for
students of specialized schools; provide standards of. and processes to develop
and modify, general education programs and textbooks; and define the tasks,
powers, operation mode, criteria, number and composition of members of the
National Council for Appraising General Education Programs and Textbooks.
The Minister of Education and
Training shall take responsibility for the quality of general education
programs and textbooks."
5. To amend and supplement
Clause 2, Article 35 as follows:
"2. Professional education
textbooks must concretize requirements on knowledge and skills defined in the
educational program for each subject, discipline, profession and training level
of professional education, meeting the requirements on professional education
methods.
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The Minister of Education and
Training and the head of the state management agency in charge of vocational
training shall provide according to their competence the preparation,
selection, appraisal, approval and use of professional education textbooks and
prescribe common textbooks and organize the preparation and approval of
textbooks for common use by professional education institutions."
6. To amend and supplement
Clause 4, Article 38 as follows:
"4. Doctoral training,
which is provided for four academic years for holders of university degrees,
and from two to three academic years, for holders of master degrees. In special
cases, the duration of doctoral training may be extended or shortened as
stipulated by the Minister of Education and Training.
Postgraduates who are unable to
attend continuous training and permitted by educational institutions to do so
shall still ensure the duration of training under this Clause to complete a
doctoral training program, with at least one year of continuous training."
7. To add the following
Clause 5 to Article 38:
"5. The Minister of
Education and Training shall coordinate with ministers and heads of
ministerial-level agencies in specifying intensive training in practicing and application
skills for university graduates of some special fields of training."
8. To amend Clause 2, Article
41 as follows:
"2.Tcxtbooks of university
education must concretize requirements on knowledge and skills defined in the
educational program for each subject, discipline and training level of
university education, meeting the requirements on university education methods.
Rectors of colleges or
universities shall organize the preparation of or select and approve tertiary
education textbooks for official use in teaching and learning in their colleges
or universities, based on the appraisals of textbook appraisal councils set up
by the rectors of colleges or universities, to ensure sufficient teaching and
learning materials.
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9. To amend and supplement
Point b, Clause 1, Article 42 as follows:
"b/ Colleges, universities
and academies (below referred to as universities), which provide collegial and
university training and master and doctoral training when permitted by the Minister
of Education and Training.
Scientific research institutes,
which provide doctoral training and cooperate with universities in providing
master training when permitted by the Minister of Education and Training."
10. To amend and supplement
Clause 2, Article 42 as follows:
"2. Universities and
scientific research institutes may provide doctoral training when meeting the
following conditions:
a/ Having sufficient professors,
associate professors and doctors capable of formulating and implementing training
programs and organizing thesis evaluation councils:
b/ Having physical foundations
and equipment to meet doctoral training requirements:
c/ Having experience in
scientific research: having conducted researches related to scientific subjects
under state-level scientific programs or quality scientific researches which
have been announced domestically and overseas: having experience in training
and retraining scientific researchers."
11. To amend and supplement
Clause 6, Article 43 as follows:
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12. To add Point c to Clause
1, Article 46 as follows:
"c/ Foreign language and
computer skill-training centers established by organizations and
individuals."
13. To amend and supplement
Clause 3, Article 46 as follows:
"3. Continuing education
centers shall implement continuing education programs specified in Clause 1.
Article 45 of this Law and may not implement educational programs to grant
diplomas of professional education and tertiary education. Community-based
learning centers shall implement educational programs specified at Points a and
b. Clause 1. Article 45 of this Law. Foreign language and computer
skill-training centers shall implement educational programs on foreign
languages and computer skill-training specified at Point c. Clause I. Article
45 of this Law."
14. To amend and supplement
Clause 2, Article 48 as follows:
"2. Schools of all types in
the national education system are established under the State's master plans
and plans to develop education. The State shall create conditions for public
schools to play the leading role in the national education system.
The conditions, procedures and
competence to establish or permit the establishment of schools and permit or
terminate educational activities; merger, division, separation and dissolution
of schools arc provided in Articles 50. 5()a. 50b and 51 of this Law."
15. To amend and supplement
Article 49 as follows:
"Article 49. Schools of
state agencies, political organizations, socio-political organizations and
people's armed forces
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2. Schools of state agencies,
political organizations, socio-political organizations and people's armed
forces are educational institutions of the national education system under
Articles 36 and 42 of this Law if they meet socio-economic development
requirements, arc organized and operate under the Education Law and charters of
schools at each educational grade and training level, are licensed for
educational activities by competent state agencies, and implement educational
programs to award diplomas and certificates of the national education system.
3. The Government shall provide
in detail schools of state agencies, political organizations, socio-political
organizations and people's armed forces."
16. To amend and supplement
Article 50 as follows:
"Article 50. Conditions on
establishment of schools and licensing of educational activities
1. A school is established when
the following conditions are fully met:
a/ Having a school establishment
plan in conformity with the master plans on socioeconomic development and the
network of educational institutions already approved by competent state
agencies:
b/ The school establishment plan
clearly identifies educational objectives, tasks, programs and contents: land,
physical foundations, equipment, location planned for school building,
organizational apparatus, resources and finance: and orientations and
strategies for school building and development.
2. A school may operate when it
fully meets the following conditions:
a/ Having a decision to
establish the school or permit its school establishment:
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c/ Its building location
ensuring an educational environment and safety for its learners, trainers and
employees;
d/ 1 laving educational programs
and teaching and learning materials relevant to each educational grade and training
level under regulations;
e/ Having qualified teachers and
administrators sufficient in number and structure, ensuring the implementation
of educational programs and organization of educational activities:
f/ Having sufficient financial
resources under regulations to maintain and develop educational activities;
g/ Having a charter on
organization and operation of the school.
3. Within the prescribed time
limit, a school fully meeting the conditions under Clause 2 of this Article
shall be licensed for educational activities by a competent authority. Past the
prescribed time limit, a school failing to fully meet the prescribed conditions
shall have the decision to establish the school or permit its establishment
withdrawn.
4. The Prime Minister shall specify
the conditions to establish and license educational activities of universities;
the Minister of Education and Training and the head of the vocational training
state management agency shall specify according to their competence specific
conditions to establish schools and license educational activities of schools
at other educational grades and training levels. "
17. To add Article 50a and
Article 50b as follows:
"Article 50a. Suspension of
educational activities
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a/ It commits frauds in order to
be licensed for educational activities:
b/ It fails to meet one of the
conditions under Clause 2. Article 50 of this Law;
c/ It is licensed for
educational activities ultra vire;
d/ It fails to carry out
educational activities within the prescribed lime limit after being licensed:
e/ It violates the education law
and is administratively sanctioned at the level of operation suspension;
f/ In other cases under law,
2. A decision to suspend
educational activities of a school must clearly stale the reason for and
duration of suspension and measures to guarantee the interests of its teachers,
learners and employees. This decision shall be announced in the mass media.
3. After the suspension
duration, if the causes of such suspension are remedied, the person competent
to decide on the suspension shall issue a decision to permit the school to
resume its educational activities.
Article 50b. School dissolution
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a/ It seriously violates
regulations on the management, organization and operation of the school:
b/ It tails to remedy causes of
its operation suspension after the suspension duration:
c/ The operation objectives and
contents stated the decision to establish the school or permit its
establishment no longer meet socioeconomic development requirements:
d/ Such dissolution is requested
by the organization or individual establishing the school.
2. A decision to dissolve a
school must clearly state the reason for dissolution and measures to guarantee
the interests of its teachers, learners and employees. This decision shall be
announced in the mass media.'"
18. To amend and supplement
Article 51 as follows:
"Article 51. Competence and
procedures to establish schools or permit the establishment, permit and suspend
educational activities: and merger, division, separation and dissolution of
schools
1. The competence to establish
public schools and permit the establishment of people-founded and private
schools is provided for as follows:
a/ Chairpersons of
district-level People's Committees shall make decisions for crèches,
kindergartens, primary schools, lower secondary schools, and semi-boarding
general education schools for ethnic children:
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c/ Ministers and heads of
ministerial-level agencies shall make decisions for their attached vocational
intermediate schools:
d/ The Minister of Education and
Training shall make decisions for colleges and pre-university schools: the head
of the vocational training slate management agency shall make decisions for
vocational colleges:
e/ The Prime Minister shall make
decisions for universities.
2. The Minister of Education and
Training shall license educational activities for tertiary education
institutions.
The Minister of Education and
Training, the head of the vocational training state management agency shall
provide the competence to license educational activities for schools at other
educational grades and training levels.
3. Those having the competence
to establish schools or permit the establishment of schools have the competence
to withdraw decisions to establish, or permit the establishment of. merge,
divide, separate or dissolve, these schools.
4. The Prime Minister shall
provide in detail procedures to establish, or permit the establishment, permit
or suspend educational activities, permit the merger, division, separation and
dissolution of, universities. The Minister of Education and Training, the head
of the vocational training state management agency shall, based on their
competence, specify procedures to establish, or permit the establishment,
permit or suspend educational activities, and permit the merger, division,
separation and dissolution of, schools of other educational grades and training
levels."
19. To amend and supplement
Clause 1, Article 58 as follows:
"1. To publicize
educational objectives and programs, resources and finance, education quality
evaluation results and the system of diplomas and certificates of the school.
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20. To amend and supplement
Point b, Clause 1, Article 69 as follows:
"b/ Centers for general
technical education and vocational orientation: vocational training centers:
continuing education centers; community-based learning centers: foreign
language and computer skill-training centers."
21. To amend and supplement
Point c, Clause 1, Article 69 as follows:
"c/ Scientific research
institutes, which are licensed to provide doctoral training and cooperate with
universities to provide master training."
22. To amend and supplement
Clause 2, Article 69 as follows:
"2. Scientific research
institutes, when assigned by the Minister of Education and Training to
coordinate with universities in providing master training, shall sign contracts
with universities to organize such training."
23. To amend and supplement
Clause 3, Article 70 as follows:
"3. Teachers with basic or
intermediate vocational training degree and professional secondary degree
working at institutions of preschool education, general education and
professional education are called teachers. Those teaching at university
education institutions and vocational colleges are called lecturers."
24. To amend and supplement
Article 74 as follows:
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1. Visiting lecturing is the
lecturing at an educational institution by a person fully meeting the criteria
under Clause 2. Article 70 of this Law at the invitation of that educational
institution. The person invited to give lectures at an educational institution
is called visiting teacher or lecturer.
2. A visiting teacher or
lecturer shall perform the duties defined in Article 72 of this Law. A visiting
teacher or lecturer being a cadre or civil servant shall assure the fulfillment
of his/her tasks at the agency where he/she works.
3. Invitation of Vietnamese
teachers and scientists, overseas Vietnamese scientists and foreigners to teach
at educational institutions as visiting teachers or lecturers is
encouraged."
25. To amend and supplement
Article 78 as follows:
"Article 78. Educational
institutions providing training and refresher training for teachers and
educational administrators
1. Educational institutions
providing training and refresher training for teachers include pedagogical
institutions, educational institutions with a pedagogical faculty and
educational institutions licensed to provide training and refresher training
for teachers.
Pedagogical institutions are
established by the State to provide training and refresh (raining for teachers
and educational administrators. Pedagogical institutions are given priority in
recruitment of teachers, allocation of administrators, investment in building
physical foundations and dormitories, and assurance of training funds.
Pedagogical institutions have schools or establishments for practice.
3. Educational institutions
providing training and refresher training for educational administrators
include tertiary education institutions with an education administration
faculty and educational institutions licensed to provide training and refresher
training for educational administrators.
4. The Minister of Education and
Training shall license educational institutions to provide training and
refresher training for teachers and educational administrators."
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"Article 81. Salaries
Teachers will enjoy salaries,
professional allowances, seniority allowances and other allowances under the
Government's regulations."
27. To amend and supplement
Clause 4, Article 100 as follows:
"4. People's Committees at
all levels shall, within the scope of their tasks and powers, perform the state
management of education as decentralized by the Government, including planning
of the educational institution network; examine local educational institutions
in observing the education law; assure conditions on teachers, finance,
physical foundations and teaching equipment of public schools under their
management; and develop types of schools and socialize educational activities,
meeting the requirements of expanding the scale and raising the quality and
efficiency of education in their localities."
28. To amend and supplement
Clause 2, Article 101 as follows:
" 2. School fees, enrolment
fees: revenues from counseling, technology transfer, production, business and
service activities of educational institutions; investments of domestic and
foreign organizations and individuals for educational development: and other
funds from domestic and foreign organizations and individuals under law.
The State encourages
organizations and individuals to give donations and supports for educational
development. Abuse of donation and support for education to force contributions
in cash or in kind is prohibited."
29. To add the following
Clause 4 to Article 108:
"4. The Prime Minister
shall provide in detail overseas teaching, study, scientific research and
academic exchange by Vietnamese citizens: and educational cooperation with
foreign organizations and individuals and overseas Vietnamese."
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"Article 109. Encouragement
of educational cooperation with Vietnam
1. The Vietnamese State shall
encourage and create conditions for foreign organizations and individuals,
international organizations and overseas Vietnamese to teach, study, invest in.
fund, cooperate on. apply sciences and transfer technology to. education in
Vietnam: and protect their legitimate rights and interests in accordance with
Vietnamese law and treaties to which the Socialist Republic of Vietnam is a
contracting party.
2. Educational cooperation with
Vietnam must ensure education of learners in personality, qualification and
civic capacity; respect the identity of national culture; fulfill educational
objectives and meet requirements on educational contents and methods suitable
to each educational grade and training level in the national education system;
and carry out educational activities in accordance with Vietnamese law.
3. Foreign cooperation on and
investment in education in Vietnam include:
a/ Establishment of educational
institutions;
b/ Training partnership:
c/ Establishment of
representative offices;
d/ Other forms of cooperation.
4. The Government shall provide
in detail foreign cooperation on and investment in education."
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"Section 3a
EDUCATION QUALITY ASSESSMENT
Article 110a. State management
of education quality assessment
1. To promulgate regulations on
criteria for evaluating education quality: processes and periods of education
quality assessment at each educational grade and training level; and operation
principles of and conditions and criteria for organizations and individuals
conducting education quality assessment; to license education quality
assessment: and to grant and withdraw certificates of education quality
assessment.
2. To manage the assessment of
educational programs and educational institutions.
3. To guide organizations,
individuals and educational institutions in appraising and assessing education
quality.
4. To examine and evaluate the
observance of regulations on education quality assessment.
Article 110b. Principles of
education quality assessment
Education quality assessment must
adhere to the following principles:
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2. Honesty, publicity and
transparency.
Article 110c. Education quality
assessment organizations
1. Education quality assessment
organizations include:
a/ Education quality assessment
organizations established by the State:
b/ Education quality assessment
organizations established by organizations or individuals.
2. The Minister of Education and
Training shall decide on or permit the establishment of education quality assessment
organizations; and provide conditions to establish and dissolve, and tasks and
powers of. education quality assessment organizations."
Article 2.
1. This Law takes effect on July
1. 2010.
This Law was passed on
November 25, 2009, by the XIIth National Assembly of the Socialist Republic of
Vietnam at its 6th session.
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CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong