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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
101/2002/ND-CP
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Hanoi,
December 10, 2002
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DECREE
ON THE
ORGANIZATION AND OPERATION OF THE EDUCATIONAL INSPECTORATE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Education Law of December 2, 1998;
Pursuant to the Inspection Ordinance of April 1, 1990;
At the proposal of the Minister of Education and Training,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Educational
Inspectorate
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Article 2.- Subject to educational
inspection
1. Educational establishments of State agencies,
political organizations, socio-political organizations, peoples armed forces,
economic organizations, and individuals.
2. Foreign-invested educational establishments,
establishments cooperating with foreign organizations and/or individuals in
education and operating in the Vietnamese territory.
3. Organizations and individuals engaged in
sending persons abroad for training under general, tertiary and/or postgraduate
education, as well as vocational training programs for Vietnamese citizens.
4. Organizations and individuals engaged in
teaching and educational activities under pre-school, general, vocational,
tertiary and postgraduate education programs implemented outside the
educational establishments mentioned in Clauses 1 and 2 of this Article
(hereafter called the teaching and educational activities conducted outside the
educational establishments for short.)
Article 3.- Contents of
operation of Educational Inspectorate
1. Inspecting the observance of the legislation
on education by the subjects defined in Article 2 of this Decree.
2. Inspecting teaching and educational
activities of the subjects prescribed in Article 2 of this Decree regarding the
realization of the educational objectives, plans, programs, contents and
methods, professional regulations; the examinations regulations, the issuance
of diplomas and certificates; the implementation of the prescriptions on the
necessary conditions to ensure the educational quality at the educational
establishments.
3. Verifying, concluding and proposing to the
competent agencies to settle complaints and denunciations according to law
provisions.
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5. Proposing the competent State agencies to
amend, supplement or promulgate policies and legal documents in conformity with
the requirements of educational management.
Article 4.- Responsibilities
of leaders of the education-managing agencies towards Educational Inspectorate
of the same level
1. To build up the organizational apparatus of
the Educational Inspectorate and create conditions and facilities for the
Educational Inspectorate, inspectors and inspection collaborators to fulfill
their assigned tasks.
2. To direct the Educational Inspectorate in
drawing up and realizing examination and inspection plans, and abide by the
superiors direction over the inspection work.
3. To consider and handle petitions of the Educational
Inspectorate, ensuring the effectiveness of the inspection activities.
4. To use inspection results for considering the
commendation, discipline, employment, recognition, appointment or dismissal of
professors and associate professors, the conferment of Peoples Teacher and
Meritorious Teacher titles, the implementation of preferential treatment
regimes for officials, public servants, teachers, lecturers and employees, for
deciding or proposing competent agencies to decide on the withdrawal of diplomas
and certificates which had been illegally issued or used; for suspending,
dissolving or proposing competent authorities to dissolve the educational
establishments which were illegally set up or have seriously violated law
provisions.
Article 5.- Principles of
operation of the Educational Inspectorate
The Educational Inspectorate only abides by law
and takes responsibility before law for its operation, in order to ensure the
observance of law and the effectiveness of educational management. Neither
organization nor individual may illegally interfere into the operation of the
Educational Inspectorate.
Chapter II
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Article 6.- Organizational
system of the Educational Inspectorate
1. The Inspectorate of the Ministry of Education
and Training (hereafter called the Ministrys Inspectorate for short).
2. The Inspectorates of the Education and
Training Services of the provinces and centrally-run cities (hereafter called
the provincial/municipal Education and Training Services Inspectorates for
short).
The educational inspection activities at the
district level shall be directly managed by the heads of the district Education
and Training Sections and carried out under the professional direction of the
provincial/municipal Education and Training Services Inspectorates.
Section I.
THE MINISTRY�S
INSPECTORATE
Article 7.- Organization of
the Ministrys Inspectorate
The Ministrys Inspectorate is a State
inspectorate functioning to conduct specialized educational inspection, which
shall be directly managed by the Minister of Education and Training and at the
same time subject to the State Inspectorates direction in inspection
organization and operations.
The Ministrys Inspectorate shall exercise the
right to inspection within the State management scope of the Ministry of
Education and Training; manage the inspection of educational agencies, units
and establishments under the Ministers direct management, and provide
specialized inspection direction and guidance to the provincial/municipal
Education and Training Services Inspectorates.
The Ministrys Inspectorate is composed of chief
inspector, deputy-chief inspectors and inspectors. The appointment and
dismissal of the chief inspector and deputy-chief inspectors shall comply with
the provisions in the Inspection Ordinance, Decree No. 244/HDBT of June 30,
1990 of the Council of Ministers (now the Government), and law provisions on
officials and public servants.
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The Ministrys Inspectorate shall have its own
seal.
Article 8.- Tasks and
powers of the Ministrys Inspectorate
1. To inspect the observance of the Education
Law and other provisions of the legislation on education by the subjects
prescribed in Article 2 of this Decree according to the State management
competence of the Ministry of Education and Training.
2. To inspect the implementation of policies,
law and assigned tasks by educational establishments, organizations and
individuals under the direct management of the Ministry of Education and
Training.
3. To perform the tasks prescribed in Clauses 2,
3 and 4, Article 99 of the Education Law according to the State management
competence of the Ministry of Education and Training.
4. To exercise the powers prescribed in Article
100 and the responsibilities prescribed in Article 101 of the Education Law.
5. To perform the tasks and exercise the powers
prescribed in Clauses 3, 4 and 5, Article 14 of the Inspection Ordinance.
6. To sanction or propose to the competent
agencies to sanction administrative violations according to law provisions.
7. To make final reviews of actual educational
inspection; propose measures to ensure the observance of the legislation on
education; propose the competent authorities to amend, supplement or promulgate
legal documents on education.
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1. To propose the Minister of Education and
Training to decide on the inspection, set up inspection teams, send inspectors
or inspection collaborators to conduct inspection according to law provisions.
2. To propose competent agencies to suspend the
operation or dissolve educational establishments if there are enough grounds to
conclude that such establishments seriously violate law.
3. To propose competent agencies to suspend the
implementation or annul the decisions relating to the learners interests in
educational establishments if there are enough grounds to conclude that such
decisions are contrary to law.
4. To exercise the rights prescribed in Article
15 of the Inspection Ordinance.
5. To base him/herself on the inspection
conclusions to propose the competent agencies to handle violations committed by
organizations and individuals according to law provisions.
6. To temporarily suspend acts of law violation
in the educational domain and propose competent agencies to handle them
according to law provisions.
7. To sanction or propose competent agencies to
sanction administrative violations according to law provisions.
Section II. PROVINCIAL/MUNICIPAL EDUCATION
AND TRAINING SERVICES�
INSPECTORATES
Article 10.- Organization
of the provincial/municipal Education and Training Services Inspectorates
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The provincial/municipal Education and Training
Services Inspectorates shall exercise the right to inspection within the State
management scope of the provincial/municipal Education and Training Services; and
direct the educational inspection operations at district level.
A provincial/municipal Education and Training
Services Inspectorate is composed of chief inspector, deputy-chief inspectors
and inspectors. The appointment and dismissal of chief inspector and
deputy-chief inspectors as well as the arrangement of the organizational
apparatus of the provincial/municipal Education and Training Services
Inspectorate shall comply with the provisions in Decree No. 244/HDBT of June
30, 1990 of the Council of Ministers (now the Government) and law provisions on
officials and public servants.
The Education and Training Services Inspectorate
shall have its own seal.
Article 11.- Tasks and
powers of the provincial/municipal Education and Training Services Inspectorates
1. To inspect the implementation of the
Education Law and other law provisions on education by the subjects prescribed
in Article 2 of this Decree within the scope of management competence of the
provincial/municipal Education and Training Services.
2. To inspect the implementation of policies,
law and assigned tasks by the district-level Education and Training Sections as
well as educational establishments, organizations and individuals under the
direct management of the provincial/municipal Education and Training Services.
To direct and manage the inspection of teaching and educational activities of
teachers at public and non-public pre-school, general and vocational education
establishments, and activities in the education domain carried out by organizations
and individuals outside the educational establishments according to the
management competence of the provincial/municipal Education and Training
Services.
3. To perform the tasks prescribed in Clauses 2,
3 and 4, Article 99 of the Education Law according to the management competence
of the provincial/municipal Education and Training Services.
4. To exercise the powers prescribed in Article
100 and the responsibilities prescribed in Article 101 of the Education Law.
5. To sanction or propose to the competent
agencies to sanction administrative violations according to law provisions.
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The chief inspectors of the provincial/municipal
Education and Training Services shall have the powers prescribed in Article 9
of this Decree according to the State management competence of the
provincial/municipal Education and Training Services.
Section III. INSPECTORS AND INSPECTION
COLLABORATORS
Article 13.- Inspectors
Inspectors are persons assigned to conduct the
inspection work at educational inspectorates, and appointed according to the
Inspector Regulation issued together with Decree No. 191/HDBT of June 18, 1991
of the Council of Ministers (now the Government).
1. When conducting the inspection, the
inspectors shall have the following powers and responsibilities:
a/ To exercise the powers prescribed in Clause
3, Article 24 of the Inspection Ordinance and Article 100 of the Education Law.
b/ To sanction or propose to the competent
agencies to sanction administrative violations according to law provisions.
c/ To perform the responsibilities prescribed in
Article 101 of the Education Law.
2. The inspectors, after being appointed, shall
enjoy wages under the inspectors wage scale and other regimes towards
inspectors.
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Educational inspectorates shall employ
inspection collaborators according to the provisions of the Inspection
Ordinance. When being mobilized by competent authorities for participation in
the inspection work, the inspection collaborators shall be created necessary
conditions to fulfil their tasks.
The Minister of Education and Training shall
assume the prime responsibility and coordinate with relevant agencies in
prescribing the working and preferential treatment regimes towards inspection
collaborators.
Chapter III
COMMENDATION AND HANDLING OF VIOLATIONS
Article 15.- Commendation
regime
Organizations and individuals that have recorded
achievements in educational inspection activities shall be commended and/or
rewarded according to the States regulations.
Article 16.- Handling of
violations
Those who obstruct, bribe or retaliate persons
performing the inspection tasks, or breach the legislation on inspection; those
who abuse the inspection powers, or for personal benefits or due to
irresponsibility, make incorrect inspection conclusions, or infringe upon the
legitimate rights and interests of organizations and individuals, shall, depending
on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability according to law
provisions; if causing damage, they shall have to pay compensation therefor as
prescribed by law.
Chapter IV
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Article 17.- This Decree
takes implementation effect 15 days after its signing.
This Decree replaces Decree No. 358/HDBT of
September 28, 1992 of the Council of Ministers (now the Government) on
organization and operation of the Educational Inspectorate. All previous
stipulations contrary to this Decree are hereby annulled.
Article 18.- The Minister of Education and Training
shall guide the implementation of this Decree according to its competence of
State management over education.
The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, and the presidents of the Peoples
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai