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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
75/2006/ND-CP
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Hanoi,
August 02, 2006
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DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE EDUCATION LAW
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 14, 2005 Education Law;
At the proposal of the Minister of Education and Training,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope and application subjects
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2. This Decree applies to schools and other
educational institutions in the national education system as well as to
organizations and individuals involved in educational activities.
Schools of state agencies, political
organizations, socio-political organizations or people's armed force units
shall also have to abide by the provisions of this Decree when carrying out
educational programs of the national education system.
Article 2.-
Universalization of education
1. Universalization of education is a process of
organization for every citizen to study and reach a minimum educational level
under the State's regulations. Primary education and lower secondary education
are educational levels of universalization.
2. People's Committees at all levels shall have
to:
a/ Guarantee that all children of 6 years of age
be enrolled in grade 1; universalize primary education for the right age
groups;
b/ Consolidate and maintain the results of
universalization of primary education and fight illiteracy.
c/ Adopt plans and solutions for universalization
of lower secondary education.
3. For localities (communes, districts,
provinces) which have been recognized as attaining the standards of lower
secondary education universalization, the People's Committees at all levels
shall have to consolidate and maintain such results; base themselves on the
specific conditions of their localities to elaborate plans to attract most
lower secondary school graduates into upper secondary schools or professional
secondary schools.
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5. The Ministry of Education and Training shall
have to guide, oversee and inspect the universalization of education, sum up the
results thereof and report them to the Prime Minister.
Those units which for two consecutive years fail
to maintain the results of universalization of education shall have their names
deleted from the list of standard-attaining units. The re-recognition of such
units shall be considered as for their first-time recognition.
6. Families shall have to create conditions for
their members in the defined age groups to study in order to attain the
educational levels of universalization.
Article 3.- Career
orientation and streaming in education
1. Career orientation in education means a
system of measures applied inside and outside schools to help pupils acquire
knowledge about and be able to choose careers on the basis of combining their
personal aspirations and strong points with the social labor demand.
2. Streaming in education means a measure to
organize educational activities on the basis of conducting career orientation,
creating conditions for graduates of lower secondary schools and upper
secondary schools to further study at higher levels or degrees, to enter
professional or vocational secondary schools or join the workforce, in
suitability with their capabilities and specific conditions as well as social
demands, thus contributing to regulating branch and occupation-based structure
of the workforce and meeting the development requirements of the country.
3. The Minister of Education and Training shall
direct the formulation of lower secondary and upper secondary programs
according to the objectives set in Clauses 3 and 4, Article 27 of the Education
Law, attach importance to the renewal of educational contents and methods,
concretization of knowledge and skill standards of education of general
techniques and career orientation. At lower secondary education level, the
contents of career orientation shall be incorporated into study subjects,
especially in the technology subject. At the upper secondary education level,
the contents of career orientation shall be compiled into a separate subject.
4. The Ministry of Planning and Investment shall
guide ministries, branches and provincial-level People's Committees in
forecasting and determining the level- and branch-based structure of human
resources under the national, regional and local socio-economic development plannings
and plans.
5. People's Committees at all levels shall have
to forecast and publicize the demand for human resources in their local annual
and five-year plans; to formulate specific policies in order to associate
training with employment, and direct local education administration agencies to
conduct streaming in education with quality and efficiency.
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7. State agencies, social organizations,
socio-professional organizations and economic organizations shall have to
create opportunities for general education school pupils to get familiar with
their activity environment.
Article 4.-
Transferability in education
1. Transferability in education is a measure to
assist learners in using their study results to further study at higher levels
or degrees in the same discipline or to pursue other suitable disciplines,
forms of education or training degrees with corresponding contents.
2. The Minister of Labor, War Invalids and
Social Affairs and the Minister of Education and Training shall, according to
their competence, direct the formulation of vocational and professional
secondary education programs, which may be transferable with general education
programs and other training programs, creating conditions for learners to
perpetuate the study results they have obtained from general education.
3. The Ministry of Education and Training shall
assume the prime responsibility for, and coordinate with the Ministry of Labor,
War Invalids and Social Affairs in, recognizing the validity of converted study
results.
4. The principals of higher or professional
education institutions shall base themselves on the provisions of Clause 3 of
this Article and the framework program to compare and determine the conformity
of the programs and scrutinize the material conditions and contingent of
lecturers before recognizing the validity of converted study results on a
case-by-case basis.
5. Learners shall have the right to enroll in
transferable programs according to regulations of the State and educational
institutions.
Article 5.- Teaching and
learning of foreign languages; teaching and learning in foreign languages at
schools and other educational institutions
1. The teaching and learning of foreign
languages at schools and other educational institutions must fulfill the
following requirements:
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b/ For professional and higher education: To
organize the learning of foreign languages according to professional
requirements for learners, pupils and students.
2. The Minister of Education and Training shall
elaborate a master plan on conditions for, and organization of, the teaching of
foreign languages at schools and other educational institutions, ensuring the
requirements set in Clause 1 of this Article.
3. The teaching and learning in foreign
languages shall comply with the regulations of the Prime Minister.
Chapter II
EDUCATIONAL PROGRAMS,
TEXTBOOKS AND CURRICULA
Article 6.- Educational
programs
1. Educational programs and competence to
promulgate educational programs are stipulated in Articles 6, 24, 29, 35, 41,
45 and 100 of the Education Law.
2. The Minister of Education and Training shall
promulgate the preschool education program and programs for general education
of all levels; specify the continuing education program and the educational
program for disabled and handicapped people; promulgate framework programs of
all disciplines for tertiary education; assume the prime responsibility for,
and coordinate with ministers and heads of ministerial-level agencies in,
promulgating framework programs for the disciplines of professional secondary
education.
3. The Minister of Labor, War Invalids and
Social Affairs shall coordinate with other ministers and heads of
ministerial-level agencies in defining the framework program for every
job-training level.
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The Minister-Chairman of the Committee for
Physical Training and Sports shall coordinate with the Minister of Education
and Training in specifying educational programs and training durations for
physical training and sport schools and classes of gifted pupils.
The Minister of Public Security shall coordinate
with the Minister of Education and Training and the Minister of Labor, War
Invalids and Social Affairs in defining educational programs for re-education
schools.
4. Basing themselves on the promulgated
framework programs and training tasks of their schools, principals of
professional and higher education institutions shall formulate and promulgate
educational programs of their schools.
5. The authority which is competent to
promulgate an educational program shall also be competent to decide on changes
in such educational program.
Article 7.- Knowledge
and skill standards
1. Knowledge and skill standards in educational
programs mean the minimum knowledge and skill levels which learners must
achieve after completing an educational program.
Knowledge and skill standards in educational
programs shall serve as major bases for the compilation of textbooks, curricula
and the assessment of learners' study results.
2. Knowledge and skill standards must satisfy
the following requirements:
a/ Reflecting educational objectives for each
study subject, grade, level or training degree;
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c/ Being concretized into appropriate criteria,
serving as a basis for the formulation, implementation, overseeing, supervision
and objective evaluation of educational programs.
Article 8.- Textbooks
The Minister of Education and Training shall
provide for the compilation of textbooks; the selection of textbooks for
experimental teaching, the organization of experimental teaching, the gathering
of opinions of teachers, scientists, educational administrators, professional
associations and pupils; the review, approval and selection of books for use as
textbooks, including textbooks in braille or ethnic minority languages and
textbooks for pupils of specialized schools.
Article 9.- Curricula
1. The Minister of Education and Training and
the Minister of Labor, War Invalids and Social Affairs shall, according to
their competence, define study subjects which require common curricula and
organize the compilation and approval thereof.
The principals of professional secondary
schools, colleges and universities shall organize the compilation and approval
of curricula of all study subjects; select advanced and modern domestic and
foreign curricula suitable with their educational objectives, framework
programs and training tasks, based on the review by the curriculum review
councils they have set up, ensuring adequate official curricula for teaching
and learning.
2. Teachers at professional and higher education
institutions may, apart from using official curricula in teaching, select other
teaching materials and expand knowledge for learners, ensuring the requirements
of educational programs.
Article 10.- Review
councils for educational programs, textbooks and curricula
1. A review council for educational programs,
textbooks and curricula is an organization which assists competent persons in
approving such programs, textbooks and/or curricula.
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2. The Minister of Education and Training shall
define tasks, powers, mode of operation, standards, number and membership of
the national review council for educational programs and textbooks, the branch
review councils for professional secondary education programs, and the branch
review councils for higher education programs; provide for the review of
educational programs and curricula of professional secondary schools, colleges
and universities, which is organized by the principals of such schools.
3. The Minister of Labor, War Invalids and
Social Affairs shall define tasks, powers, mode of operation, standards, number
and membership of the branch review council for vocational training programs;
provide for the review of vocational training programs and curricula of
vocational training institutions, which is organized by the heads of such vocational
training institutions.
4. The review councils and their members shall
be responsible for the review contents and quality.
Chapter III
EXAMS, TESTS, DIPLOMAS
AND CERTIFICATES IN THE NATIONAL EDUCATION SYSTEM
Article 11.- Exams,
tests, enrolment, recognition of graduation
1. Exams and tests in the national education
system include study subject-ending exams and tests, graduation exams,
enrolment exams and outstanding pupil-selection exams.
2. The assessment of study results, the
recognition of learners' completion of subject study courses, educational
levels or training degrees shall be conducted through study subject-ending
tests or exams, graduation exams or graduation consideration; the test and exam
results shall serve as a major basis for schools and educational administrators
at all levels to evaluate the education quality.
The recognition of the graduation of an
educational level or a training degree shall be conducted through graduation
consideration for lower secondary education; graduation exams, for upper
secondary, secondary and college education; graduation exams or defense of
graduation projects or papers, for higher education; defense of dissertations,
for master degree; and defense of theses, for doctoral degree.
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3. Enrolment exams and enrolment consideration
in the national education system are aimed to assess the learning capabilities
of enrolling persons in order to select learners. The enrolment shall be
conducted through enrolment exams, enrolment consideration or the combination
thereof.
4. Outstanding pupil-selection exams are aimed
to encourage learners to learn more, contributing to the discovery of talents.
Pupils who win prizes in outstanding pupil-selection exams shall be granted
certificates and commended. The Minister of Education and Training shall
specify outstanding pupil-selection exams.
5. Enrolment regulations provide forms,
subjects, order of, and procedures for, enrolment; the application of priority
policies to every type of subject, region or discipline in order to ensure
justice in education, meet the training structure requirements and encourage
gifted pupils.
6. Enrolment regulations and regulations on
graduation exams and graduation consideration must ensure the following
requirements:
a/ Achieving the examination and enrolment
objectives;
b/ Ensuring the accuracy, justice, objectivity
and suitability with the psycho-physiological characteristics of pupils of
different age groups;
c/ The contents of exams and tests shall be
included in educational programs, compatible with the knowledge and skill
standards already set in such programs, which may help classify pupils by their
qualifications, and the test and exam results must properly reflect the
knowledge and skills which pupils have accumulated in their study and training
process;
d/ Ensuring the stringent organization of tests
and exams, preventing and promptly handling negative acts in examination.
7. The Minister of Education and Training shall
promulgate Regulations on examination and enrolment of pupils and students for
upper secondary schools, professional secondary schools, colleges,
universities, master and doctoral degrees. The Minister of Labor, War Invalids
and Social Affairs shall promulgate the Regulation on examination and enrolment
for vocational training schools.
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Article 12.- Diplomas,
certificates
1. Diplomas of the national education system
shall be awarded to learners after they graduate from an educational level or
in a training degree; certificates of the national education level shall be
issued to learners after they complete a training or re-training professional
course or program.
Diplomas and certificates must properly reflect
the requirements of educational programs and learners' qualifications.
2. The management of diplomas and certificates
must ensure the following principles:
a/ The system of diplomas and certificates must
be uniformly managed under the decentralization of state management,
guaranteeing the rights and responsibilities of educational institutions and
conforming with the international integration trend;
b/ To prevent and strictly handle all fraudulent
acts in the grant and use of diplomas and certificates.
3. The Minister of Education and Training and
the Minister of Labor, War Invalids and Social Affairs shall, according to
their competence, provide conditions, order of, and procedures for, the award
of diplomas and certificates; define forms of diploma and certificate; and
stipulate the printing of diplomas and certificates and the management of the
award, withdrawal and cancellation thereof.
Article 13.- Competence
to award diplomas and certificates
1. The competence to award diplomas of the
national education system is defined as follows:
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b/ Upper secondary education diplomas shall be
awarded by directors of provincial/municipal Education and Training Services;
c/ Intermediate, college and university diplomas
shall be awarded by the principals of schools or institutions which organize
the training of corresponding degrees; for higher education institutions which
have member universities, the principals of such member universities shall
award diplomas;
d/ Master diplomas shall be awarded by
principals of universities permitted to conduct master-degree training; where
scientific research institutes are allowed to coordinate with universities in
conducting master-degree training, the principals of such universities shall
award master diplomas;
e/ Doctoral diplomas shall be awarded by
principals of universities or directors of scientific research institutes,
which are permitted to conduct doctoral training.
2. Certificates of the national education system
defined in Clause 2, Article 8 of the Education Law shall be issued by heads of
educational institutions or organizations permitted to award certificates.
Article 14.- Cases of
withdrawal and competence to withdraw diplomas and certificates
1. Diplomas and certificates shall be withdrawn
in the following cases:
a/ Acts of fraudulence are committed in study,
examination, enrolment or compilation of dossiers in order to be awarded
diplomas or certificates;
b/ They are awarded to unqualified persons;
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d/ The diplomas or certificates are erased or
modified;
e/ The diplomas or certificates are used by
persons other than awardees.
2. The authorities competent to award diplomas
or certificates shall also be responsible for withdrawing and canceling such
diplomas or certificates.
Article 15.-
Recognition of diplomas awarded to Vietnamese people by foreign educational
institutions
1. Diplomas awarded to Vietnamese people by
foreign educational institutions shall be recognized in the following cases:
a/ They are awarded by foreign educational
institutions which are lawfully operating in Vietnam, conducting educational
activities according to their permits and having quality accredited by
Vietnamese or foreign accrediting organizations;
b/ They are awarded by foreign educational
institutions subject to the application of agreements on diploma equivalence or
mutual recognition of diplomas or treaties related to diplomas to which the
Socialist Republic of Vietnam is a contracting state;
c/ They are awarded by foreign general education
institutions, professional education institutions or higher education
institutions whose educational programs have been accredited by educational
quality-accrediting agencies of the concerned foreign countries.
2. The Minister of Education and Training shall
specify the order of, and procedures for, recognition of diplomas awarded to
Vietnamese people by foreign educational institutions.
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NETWORK, ORGANIZATION,
OPERATION, TASKS AND POWERS OF SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS IN
THE NATIONAL EDUCATION SYSTEM
Article 16.- Schools
and other educational institutions
1. Schools in the national education system
include kindergartens, young sprout schools, primary schools, lower secondary
schools, upper secondary schools, multi-level general education schools,
professional secondary schools, colleges and universities.
2. Other educational institutions within the
national education system include the educational institutions defined in
Clause 1, Article 69 of the Education Law.
3. Schools and other educational institutions in
the national education system are referred to collectively as educational
institutions.
Article 17.- Planning
of the educational institution network
1. The planning of the educational institution
network means the distribution and arrangement of educational institutions
within the national education system according to geographical positions or
territorial region throughout the country and in each locality, for each period
so as to concretize the educational development strategy, which shall serve as
a basis for elaboration of educational development plans.
2. The planning of the educational institution
network must ensure the following principles:
a/ Conforming with the national, branch and
regional socio-economic development strategies and plannings as well as local
development plannings; ensuring branch, level and regional structure,
satisfying the people's learning demand;
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c/ Being compatible with the state investment
capacity and capability of mobilizing social resources; creating conditions for
every person to have a chance to participate in the construction of educational
institutions;
d/ Concentrating investment on major tasks, key
educational institutions, branches and economic zones as well as areas meeting
with exceptional difficulties.
3. The planning of the educational institution
network shall have the following principal contents:
a/ Structuring of the education system and
training scope by each educational level, field of study, training degree and
type of educational institution;
b/ Distribution of educational institutions by
the nature and socio-economic characteristics of each region and each locality;
c/ The contingent of teachers and educational
administrators;
d/ The material and technical bases.
Article 18.- Types of
educational institution
Educational institutions in the national
education system shall be organized in the form of public, people-founded or
private ones.
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2. People-founded educational institutions shall
be set up and invested by local population communities for non-profit purposes,
that shall build material bases and finance the operation thereof. Local
population communities include organizations and individuals at villages, hamlets,
communes, wards or townships.
People-founded educational institutions shall
operate on the basis of autonomy and self-responsibility in terms of finance
and human resources and be supported by local administrations. People- founded
educational institutions shall not be set up at general education, professional
education and higher education levels.
Presidents of district-level People's Committees
shall decide on setting up people-founded educational institutions while
commune-level People's Committees shall directly manage such institutions.
3. Private educational institutions shall be set
up by social organizations, socio-professional organizations, economic
organizations or individuals when so permitted by competent state agencies.
Investment sources for construction of material foundations and funding of
operation of private educational institutions shall be capital sources outside
the state budget.
Article 19.-
Responsibilities to formulate and competence to approve the planning of the
educational institution network
1. The Minister of Education and Training shall
assume the prime responsibility for, and coordinate with the other ministers,
heads of ministerial-level agencies or government-attached agencies as well as
presidents of provincial/municipal People's Committees in, formulating the
planning of tertiary education institutions, to be submitted to the Prime
Minister for approval.
2. The Minister of Education and Training and the
Minister of Labor, War Invalids and Social Affairs shall coordinate with heads
of concerned ministries and branches and presidents of provincial-level
People's Committees in formulating the planning of the professional education
institution network; and approve according to their competence the planning of
the professional education institution network.
3. Provincial-level People's Committees shall,
basing themselves on the planning of higher education institution network and
the general planning of the professional education institution network,
formulate plannings of the locally-managed educational institution network,
then submit them to the People's Councils of the same level for approval.
4. District-level People's Committees shall,
basing themselves on the planning of the provincial educational institution
network, formulate plannings of the district educational institution network
and submit them to the People's Councils of the same level for approval.
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6. The planning of a locally-managed educational
institution network must satisfy the following requirements:
a/ Every commune, ward or township (hereinafter
collectively referred to as communes) shall have at least one preschool
institution, one primary school and a community learning center as well. Every
commune or commune cluster shall have at least one lower secondary school and
may have a multi-level general education school (primary-cum-lower secondary
school);
b/ Every district, town or provincial city
(hereinafter collectively referred to as districts) shall have at least one
upper secondary school; one district-level center for continuing education; and
may have a multi-level general education school, a vocational training center,
a center for general techniques and career orientation and a district-level
school for disabled and handicapped people. For mountainous or island
districts, there may be district-level boarding general education schools for
ethnic minorities and semi-boarding general education schools;
c/ Every province or centrally-run city
(hereinafter collectively referred to as provinces) shall have at least one
provincial-level professional secondary school and one center for continuing
education. Depending on the specific conditions and local demands, one province
may have provincial-level boarding general education schools for ethnic
minorities, art schools or physical training and sport schools for gifted
pupils, specialized upper secondary schools and schools for disabled and
handicapped people.
Article 20.- Establishment
of educational institutions
1. The establishment of educational institutions
must ensure the following requirements:
a/ Conformity with the planning of the
educational institution network;
b/ Feasibility and efficiency;
c/ Creation of favorable conditions for
organizations and individuals to invest in educational development;
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e/ The school location ensures the educational
environment and safety for learners, teachers and laborers.
2. Schools shall be established when there
exists a contingent of teachers, administrators, educational programs, material
bases, equipment and finance that meet specific criteria and operation
requirements of the schools.
The Prime Minister shall specify conditions for
the establishment of universities; the Minister of Education and Training and
the Minister of Labor, War Invalids and Social Affairs shall, according to
their competence, specify conditions for the establishment of schools at other
educational levels and training degrees.
3. The conditions for establishment, the
competence to establish or permit the establishment of other educational
institutions provided for at Point b, Clause 1, Article 69 of the Education Law
shall comply with the Regulations on organization and operation of other
educational institutions, promulgated by the Minister of Education and Training
and the Minister of Labor, War Invalids and Social Affairs according to their
competence.
4. The order of, and procedures for, the establishment
of educational institutions shall be specified by competent state management
agencies in the school charters or in the regulations on organization and
operation of schools and other educational institutions.
Article 21.- Merger,
division or separation of educational institutions
1. The merger, division or separation of
educational institutions must satisfy the following requirements:
a/ Conforming with the planning of the
educational institution network;
b/ Meeting socio-economic development requirements;
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d/ Contributing to raising the quality and
efficiency of education.
2. The merger, division or separation of
educational institutions for the establishment of new educational institutions
shall fall under the competence of the persons who issue decisions to establish
or permit the establishment of such educational institutions. In case of merger
of educational institutions established by competent authorities of different
levels, the authority of higher level shall decide on such merger; the merger
of educational institutions established by authorities of the same level shall
be decided under agreement of such authorities.
3. The order of, and procedures for, the merger,
division or separation of educational institutions shall be specified in the
school charters or regulations on organization and operation of other
educational institutions.
Article 22.-
Termination of operation of educational institutions
1. An educational institution shall have to
terminate its operation in one of the following cases:
a/ It violates legal provisions on sanctioning
of administrative violations in education to the extent of termination of
operation;
b/ It fails to ensure normal operation due to
objective reasons.
2. The authorities competent to decide on or
permit the establishment of educational institutions shall also be competent to
decide on the termination of operation of such institutions. The decisions on
termination of operation of educational institutions must point out reasons for
such termination and specify the termination period; as well as measures to
guarantee the benefits of teachers and learners. The decisions on termination
of operation of educational institutions must be publicized on the mass media.
3. After the termination period, if the causes
of termination are redressed, the agencies competent to decide on such
termination shall issue decisions to permit the educational institutions to
resume their operation.
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Article 23.- Dissolution
of educational institutions
1. An educational institution shall be dissolved
in one of the following cases:
a/ It seriously violates the regulations on
management, organization and operation of educational institutions;
b/ It fails to redress causes of termination of
its operations upon the end of the termination period.
c/ The objectives and contents of its operation
in the establishment decision or the permit for its establishment are no longer
suitable to the socio-economic development requirements;
d/ The dissolution is requested by organizations
or individuals that have established it.
2. The authorities competent to decide on the
establishment or permit the establishment of educational institutions shall
also be competent to decide on or permit the dissolution of educational
institutions. Agencies directly managing educational institutions shall
elaborate dissolution plans and submit them to authorities competent to issue
dissolution decisions or permit the dissolution of educational institutions
according to the provisions of Article 51 of the Education Law. The dissolution
decisions must point out causes of dissolution, measures to guarantee the
benefits of teachers and learners. The decisions on dissolution of educational
institutions must be publicized on the central mass media.
3. The order of, and procedures for, dissolution
of educational institutions shall be provided for in the school charters or
regulations on organization and operation of other educational institutions.
Article 24.- School
councils
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A school council is an organization that
administers and represents the school owner, and is the sole ownership
representative, for schools.
2. Tasks of school councils are defined in
Article 53 of the Education Law and specified in the charters or regulations on
organization and operation of schools.
3. The school councils shall decide on operation
orientations and mobilization of resources for schools; supervise activities of
the schools and recommend persons for competent agencies to appoint the
principals (for public schools) or recognize the principals (for private schools);
and decide on organizational, personnel, financial and property issues as well
as development investment orientations of the schools under regulations.
4. Members of a school council include
representatives of the Party organization, the directorate, teachers,
educational administrators, representatives of organizations and individuals
investing in the building of the school, and representatives of relevant
production and/or business units.
Members of the school's managing board are those
who have contributed capital to the building of the school.
5. Specific provisions on the establishment
procedures, organizational structure, tasks and powers of the school councils
and the school managing boards are reflected in the school charters or
Regulations on organization or operation of schools as provided for in Article
27 of this Decree.
Article 25.-
Organizational models of universities
1. The organizational model of universities
shall cover:
a/ The school council;
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c/ Member universities and university-attached
departments;
d/ Dependent scientific and technological
institutions;
e/ Dependent functional offices and divisions;
f/ The scientific council; other advisory
councils set up by the director;
g/ The Communist Party of Vietnam organizations;
h/ Mass and social organizations;
i/ Training service organizations, production,
business and service-providing organizations;
Member schools of a university shall not have
school councils.
2. The organizational model of universities and
institutes shall cover:
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b/ The principal and deputy principals, for
universities; the director and deputy directors, for institutes;
c/ The departments; disciplines managed directly
by the university or institute;
d/ The disciplines managed by departments. Some
universities and institutes may have only departments or disciplines which they
manage directly;
e/ The scientific council; the other advisory
councils set up by the university principal or institute director;
f/ The functional divisions and sections;
g/ Scientific and technological institutions;
training service organizations, scientific and technological research
institutions; production, business and service-providing organizations;
h/ The Communist Party of Vietnam organizations;
i/ Mass and social organizations.
3. The organizational model of the national
universities shall comply with separate regulations.
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Article 26.- Higher
education institutions implementing continuing education programs to award
college or university diplomas
1. Higher education institutions shall be tasked
to implement continuing education programs in order to award college or
university diplomas when they satisfy the following conditions:
a/ Having formulated continuing education
programs for college or university- level disciplines, meeting the requirements
of formal education;
b/ Having an adequate contingent of lecturers up
to the set standards and well structured to perform concurrently the tasks of
formal education and continuing education;
c/ Having material foundations and equipment to
meet the requirements of performing concurrently the tasks of formal education
and continuing education.
2. When implementing the continuing education
programs to award college or university diplomas, higher education institutions
shall have to set enrolment targets, organize enrolment and training in
compatibility with their training capacity, ensuring quality fulfillment of
their training tasks.
3. In case of joint- training together with
other educational institutions, a higher education institution (the principal
training institution) may only join educational institutions being
universities, colleges, professional secondary schools or provincial-level
continuing education centers, provided that the latter meet the requirements on
material foundations, equipment and administration personnel of the joint-
training discipline. The joint-training shall be conducted on a contractual
basis; the principal training institution shall take overall responsibility
therefor.
4. The Minister of Education and Training shall
assign the task of implementing the continuing education programs to award
college or university diplomas to higher education institutions which meet the
conditions specified in Clause 1 of this Article; specify, guide and inspect
the implementation of continuing education programs for awarding college or
university diplomas by higher education institutions, ensuring the
implementation of the provisions of Article 12 of this Decree.
Article 27.- School
charters, regulations on organization and operation of educational institutions
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2. The Regulation on organization and operation of
a school shall consist of provisions concretizing the school charter, to be
applicable to a specific type of school.
3. A regulation on organization and operation of
other educational institutions shall apply to one or several educational
institutions defined at Point b, Clause 1, Article 69 of the Education Law,
which may be public, people-founded or private ones. Such regulation shall
specify tasks and powers of the educational institution; the organization of
educational activities; duties and rights of teachers; duties and rights of
learners; the organization and management of the educational institution; the
finance and assets of the educational institution; the relationship between the
educational institution and the learners' families and society.
4. The competence to promulgate school charters,
regulations on organization and operation of schools and regulations on
organization and operation of other educational institutions is provided for as
follows:
a/ The Prime Minister shall promulgate university
charters, regulations on organization and operation of private universities and
regulations on organization and operation of national universities;
b/ The Minister of Education and Training shall
assume the prime responsibility for, and coordinate with the Minister of Labor,
War Invalids and Social Affairs in, promulgating charters of colleges and
professional secondary schools;
c/ The Minister of Education and Training shall
promulgate charters of multi-level general schools, upper secondary schools and
lower secondary schools; primary schools, kindergartens and young sprout
schools; regulations on organization and operation of universities, regulations
on organization and operation of private colleges, professional secondary or
general education schools; regulations on organization and operation of
people-founded and private young sprout schools; and regulations on
organization and operation of special schools;
d/ The Minister of Labor, War Invalids and
Social Affairs shall promulgate regulations on organization and operation of
private vocational secondary schools and colleges;
e/ The competence to promulgate regulations on
organization and operation of other educational institutions is provided for in
Clause 3, Article 69 of the Education Law.
Article 28.-
Transformation of educational institutions
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a/ For preschool education: In areas meeting with
exceptional socio-economic difficulties, semi-public educational institutions
shall be transformed into public ones; in other areas, semi-public educational
institutions shall be transformed into people-founded or private ones; where
people-founded institutions are kept unchanged, they shall comply with the
provisions of Clause 2, Article 18 of this Decree;
b/ For general education: Semi-public or
people-founded educational institutions shall be transformed into private ones.
Where some semi-public educational institutions are transformed into public
ones, the provincial-level People's Committees shall submit proposals thereon
to the People's Councils of the same level for consideration and decision.
c/ For vocational education and higher
education: Semi-public or people-founded educational institutions shall be
transformed into private ones.
2. The Prime Minister shall specify principles
for transformation of semi-public or people-founded educational institutions
established prior to January 1, 2006; the Minister of Education and Training
and the Minister of Labor, War Invalids and Social Affairs shall, according to
their respective competence, specify the order of, and procedures for, the
transformation of semi-public or people-founded educational institutions at all
educational levels and training degrees into public, people-founded or private
ones.
Chapter V
POLICIES TOWARDS
TEACHERS
Article 29.-
Recruitment, management and transfer of teachers
1. The recruitment of teachers must comply with
the provisions of Articles 70 and 77 of the Education Law.
2. The Minister of Education and Training and
the Minister of Labor, War Invalids and Social Affairs shall, according to
their respective competence, assume the prime responsibility for, and
coordinate with the Minister of Home Affairs in, guiding educational
institutions in the recruitment, management and participation in the transfer
by competent state agencies of teachers, cadres and personnel working at public
educational institutions; and provide the working regime for teachers at every
educational level and training degree.
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Article 30.- Raising
and fostering of professional qualifications of teachers
Persons who have completed certain training
degrees and wish to become teachers but have not yet been pedagogically
trained, must go through pedagogical training courses.
The Minister of Education and Training and the
Minister of Labor, War Invalids and Social Affairs shall, according to their
respective competence, define programs, contents, methods, organizational forms
and duration of pedagogical training for persons who have not yet gone through
such training; provide for the fostering and raising of professional
qualifications of teachers; and specify conditions for educational institutions
to organize training courses and grant pedagogical training certificates.
Teachers who are nominated to attend
professional refresher courses shall enjoy full salaries and allowances
throughout the refresher courses.
Article 31.- Guest
lecturing
Guest lecturing means that an educational
institution invites teachers or persons fully meeting the teachers' standards
from other institutions to teach at such institution. Educational institutions
are encouraged to invite domestic teachers and scientists, scientists being
overseas Vietnamese or foreigners to teach at Vietnamese institutions according
to the guest lecturing regime.
The Minister of Education and Training and the
Minister of Labor, War Invalids and Social Affairs shall, according to their
respective competence, specify the guest lecturing regime.
Article 32.- Conferment
of honorary doctor title
1. The honorary doctor title shall be conferred
on political or social activists of international prestige, teachers or
scientists being overseas Vietnamese or foreigners who make many contributions
to Vietnam's education and science.
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Honorary doctor diplomas shall comply with the
doctor diploma form in which the phrase "danh hieu tien si danh du"
(honorary doctor title) shall replace the phrase "hoc vi tien si"
(doctoral degree) of the school.
3. The Minister of Education and Training shall
guide the order of, and procedures for, the conferment of the honorary doctor
title.
Chapter VI
POLICIES TOWARDS LEARNERS
Article 33.- Subjects
entitled to scholarships, tuition subsidies, reduction or exemption
1. Subjects entitled to consideration for the
grant of learning-promotion scholarships:
a/ Pupils with outstanding achievements at
specialized schools or schools for gifted pupils;
b/ Learners with good study and training results
at professional education institutions or universities.
2. Subjects to be granted policy scholarships:
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b/ Pupils at pre-university schools or boarding
general schools for ethnic minorities;
c/ Learners of vocational training schools for
war invalids, disabled or handicapped people.
3. Subjects entitled to tuition subsidies,
exemption or reduction and enrolment priority:
a/ War invalids, diseased soldiers and persons
enjoying policies as war invalids;
b/ People's armed forces' heroes, labor heroes,
persons with outstanding achievements in labor, study, production or combat;
c/ Pupils or students being children of fallen
war combatants, war invalids or those who enjoy the same policy as war
invalids; children of Vietnamese hero mothers, of people's armed forces'
heroes, labor heroes or of persons with meritorious services to the revolution;
natural children of resistance war activists who are infected with toxic
chemicals; children of revolutionary activists or resistance war activists who
were arrested and imprisoned by the enemies in the wartime; children of persons
who joined the resistance wars for national liberation, defense of the
Fatherland or performance of international duties; children of persons who
joined the revolution prior to January 1, 1945, or from January 1, 1945 up to
the August 19, 1945 general uprising.
d/ Ethic minority people in the areas meeting
with exceptional socio-economic difficulties;
e/ Pupils and students whose parents permanently
reside in high mountain areas (except cities, provincial towns or cities) and
island and deep-lying areas;
f/ Orphans without anyone to rely on;
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h/ Persons who overcome particularly difficult
circumstances to study;
i/ Pupils and students who are children of
workers or state officials and whose mothers or fathers have met with labor
accidents and enjoy regular allowances;
j/ Pupils and students of families being poor
households under the State's general regulations.
4. Subjects exempt from tuition:
a/ Pupils of public primary schools
b/ Pupils and students of pedagogical schools,
attendants of pedagogical training courses.
5. Pupils and students of pedagogical schools
and attendants of pedagogical training courses defined in Clauses 1, 2 and 3 of
this Article shall be given priority in consideration for the grant of
scholarships and social allowances.
6. The Prime Minister shall specify criteria,
levels and procedures for consideration of the grant of policy scholarships and
tuition reduction or exemption. The Minister of Education and Training and the
Minister of Labor, War Invalids and Social Affairs shall, according to their
respective competence, specify priorities in enrolment and criteria, levels and
procedures for consideration of the grant of learning-promotion scholarships to
learners.
The Minister of Labor, War Invalids and Social
Affairs shall provide for social allowances for learners.
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Children at preschool education institutions
shall be nurtured, cared, educated and protected according to the provisions of
the Education Law, the Law on Child Protection, Care and Education and other
provisions of law.
The Minister of Education and Training shall
promulgate preschool education targets, plans and programs suitable to the
psychological development of children. The People's Committees at all levels
shall be responsible for directing preschool education development on the basis
of socio-economic development planning and local preschool development demands;
expanding the system of creches and kindergartens in all population areas;
prioritizing investment in the development of preschool education in communes
meeting with exceptional socio-economic difficulties and areas inhabited by
ethnic minority people.
Education management agencies at all levels
shall have to manage and oversee the exercise of children's rights at preschool
education institutions according to the provisions of Clause 1, Article 84 of
the Education Law; coordinate with medical agencies, women's unions,
population, family and child committees at all levels and boards of
representatives of pupils' parents in guiding the nurture, care and education
of children, enhancing the popularization of knowledge about childcare, disease
prevention and periodical health checks for children in preschool education
institutions, ensuring that children comprehensively develop in a healthy and
safe education environment.
Article 35.-
Facilitation of development of learners' aptitudes
1. Educational institutions shall be responsible
for detecting and fostering learners with aptitudes, creating favorable
conditions for them to develop their talents on the basis of ensuring
comprehensive education.
2. The Ministry of Education and Training, the
Ministry of Culture and Information, the Physical Training and Sport Committee
and provincial/municipal People's Committees shall give priority to the
arrangement of teachers, material foundations, equipment and budget for
specialized schools and schools for gifted pupils, which are established by the
State and under their respective management.
3. Learners in art or physical and sport schools
for gifted pupils shall enjoy special treatment regime. The Minister of Finance
shall assume the prime responsibility for, and coordinate with the Minister of
Culture and Information, the Minister-Chairman of the Physical Training and
Sport Committee and the Minister of Education and Training in, elaborating
treatment policies for learners of schools for gifted pupils and preferential
investment policies for schools for gifted pupils established by organizations
or individuals and submit them to the Prime Minister for decision.
Article 36.- Creation
of study conditions for disabled and handicapped people
1. Disabled and handicapped learners may study
at special or integrated schools or classes, be considered for the grant of
scholarships, allowance, tuition reduction or exemption according to the
provisions of Clause 3, Article 33 of this Decree as well as for the supply of
textbooks and necessary learning materials.
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The Minister of Education and Training shall
provide for the integration of disabled and handicapped people into educational
institutions of the national education system.
Article 37.- Exemption,
reduction of public-service charges for pupils and students
Pupils and students shall enjoy charge exemption
or reduction when using mass transit or recreation facilities or visiting
museums, historical relics or cultural works under regulations.
The Ministry of Finance shall assume the prime
responsibility for, and coordinate with the Ministry of Education and Training
and concerned ministries and branches in, providing for the exemption or
reduction of public service charges for pupils and students.
Chapter VII
EDUCATION QUALITY
ACCREDITATION
Article 38.- State
management of education quality accreditation
1. Tasks of state management of education
quality accreditation include:
a/ Promulgating regulations on criteria for
assessment of education quality; education quality accreditation processes;
operation principles, conditions and criteria for organizations and individuals
involved in education quality accreditation activities; and licensing of
education quality accreditation activities;
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c/ Guiding organizations, individuals and
educational institutions to participate in education quality accreditation
activities;
d/ Inspecting, supervising and assessing the
implementation of regulations on education quality accreditation.
2. The Minister of Education and Training and
the Minister of Labor, War Invalids and Social Affairs shall, according to
their respective competence, promulgate legal documents on the state management
of education quality accreditation; provide conditions for the establishment,
functions, tasks and powers of education quality accreditation organizations at
each educational level and training degree; and direct education quality
accreditation.
Article 39.-
Organizations in charge of management and organization of education quality
accreditation
1. Organizations in charge of management and
organization of education quality accreditation include:
a/ Education quality accreditation management
agencies set up by the State;
b/ Independent education quality accreditation
organizations run by the State or set up by socio-professional organizations.
2. Education quality accreditation organizations
shall accredit educational programs and institutions on the following
principles:
a/ Independence, objectivity and lawfulness;
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Article 40.- Results of
accreditation of educational programs and institutions
1. Results of accreditation of educational
programs or institutions shall serve as a basis for recognition or
non-recognition that such educational programs or institutions attain the
quality standards. Accreditation results shall be made public for social
awareness and monitoring.
2. Educational institutions may lodge
complaints, denunciations or initiate lawsuits with competent state agencies
against decisions, conclusions or acts of organizations and individuals
performing the education quality accreditation task if having grounds to
believe that such decisions or conclusions are wrong or such acts are illegal.
Chapter VIII
ASSURANCE OF FINANCIAL
CONDITIONS FOR EDUCATION
Article 41.- State
budget expenditure for education
The estimation, allocation and management of the
state budget expenditure for education shall comply with the principles defined
in Article 102 of the Education Law. The Minister of Education and Training
shall coordinate with heads of concerned ministries or branches in setting
technical criteria for education which shall serve as a basis for the
estimation, allocation and management of the state budget expenditure for
education.
Annually, the Ministry of Education and Training
and the Ministry of Labor, War Invalids and Social Affairs shall coordinate
with the Ministry of Finance and the Ministry of Planning and Investment in
estimating, planning the allocation of, and managing the state budget
expenditure for education according to the provisions of the state budget law.
Article 42.- Education
credit, learning promotion funds and education sponsoring funds
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Education credit shall be provided by the Social
Policy Bank according to the provisions of law on credit for the poor and other
policy beneficiaries.
2. Learning promotion funds and education
sponsoring funds are those set up by organizations or individuals on the
principle of voluntariness and non-profit, aimed to support, encourage, commend
and promote learners as well as provide them with financial supports, thus
contributing to education development.
Chapter IX
IMPLEMENTATION
PROVISIONS
Article 43.-
Implementation effect
This Decree shall take effect 15 days after its
publication in "CONG BAO." All regulations which are contrary to this
Decree are hereby annulled.
Article 44.-
Responsibilities for implementation of this Decree
1. The Minister of Education and Training shall
guide the implementation of this Decree.
2. Ministers, heads of ministerial-level
agencies, heads of government-attached agencies, presidents of
provincial/municipal People's Committees, and relevant agencies shall have to
guide the implementation of this Decree.