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MINISTRY OF
EDUCAITON AND TRAINING
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No:
15/2025/TT-BGDDT
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Hanoi, July 24,
2025
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CIRCULAR
GUIDANCE
ON FUNCTIONS, DUTIES AND POWERS OF EDUCATION AND TRAINING DEPARTMENTS
AFFILIATED TO PEOPLE'S COMMITTEES OF PROVINCES, CENTRAL-AFFILIATED CITIES AND
DIVISIONS OF CULTURE - SOCIAL AFFAIRS AFFILIATED TO PEOPLE'S COMMITTEES OF
COMMUNES, WARDS, AND SPECIFIC ZONES OF PROVINCES, CENTRAL-AFFILIATED CITIES IN
EDUCATION AND TRAINING
Pursuant to Law on Organization of Local
Government No. 72/2025/QH15;
Pursuant to Government’s Decree No.
37/2025/ND-CP dated February 26, 2025 on functions, tasks, powers and
organizational structure of the Ministry of Education and Training of Vietnam;
Pursuant to Government’s Decree No.
142/2025/ND-CP dated June 12, 2025 on distinction of powers of two-tier local
government model in state management of the Ministry of Education and Training;
Pursuant to Government’s Decree No.
143/2025/ND-CP dated June 12, 2025 on delegation and devolution in state
management of the Ministry of Education and Training;
Pursuant to Government’s Decree No.
150/2025/ND-CP dated June 12, 2025 on organization of specialized authorities
affiliated to People’s Committees of provinces and central-affiliated cities
and People’s Committees of communes, wards and special zones of provinces and
central-affiliated cities;
At the request of the Director of the Department
of Organization and Personnel;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides guidance on functions,
duties and powers of Education and Training Departments affiliated to People's
Committees of provinces, central-affiliated cities (hereinafter referred
to as “provincial-level People's Committee”) and Divisions of Culture -
Social Affairs affiliated to People's Committees of communes, wards, and
specific zones of provinces, central-affiliated cities (hereinafter referred to
as "commune-level People's Committee”) in education and training.
Article 2. Regulated entities
This Circular applies to Education and
Training Departments affiliated to provincial-level People's Committees,
Divisions of Culture - Social Affairs affiliated to commune-level People’s
Committees, and other relevant authorities, organizations, and individuals.
Chapter II
FUNCTIONS, DUTIES AND
POWERS OF EDUCATION AND TRAINING DEPARTMENTS
Article 3. Positions and
functions of departments
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2. Education and Training Department has legal
entity, its own seal and account according to regulations of law; complies
with the direction and management on organization, personnel, staffing quotas,
and work of the provincial-level People's Committee; and is subject to
guidance, direction, and inspection on professional expertise of the Ministry
of Education and Training.
Article 4. Tasks and powers
1. Advise and send the provincial-level People's
Committee:
a) Resolutions of the provincial-level People's
Council, decisions of the provincial-level People's Committee issuing plans,
programs, projects, policies, measures for the development of education in the
province in accordance with the national education development strategy and the
local socio-economic development plan;
b) Resolutions of the provincial-level People's
Council deciding on specific policies for teachers,
educational managers, public employees, employees, and learners in public
educational institutions;
c) Implementation plan for the development of the
education system, investment plan for infrastructure, resources, funding to
ensure conditions for teaching and application of information technology,
digital transformation in education within the authorized scope;
d) Resolutions of the provincial-level People's
Council determining the tuition frameworks or specific tuitions, service
charges, support for educational activities in public educational institutions
in the province as prescribed by law;
dd) Decisions on functions, duties, powers, and
organizational structure of the Education and Training Department;
e) Decisions on functions, duties, powers, and
organizational structure of public service providers affiliated to the
Education and Training Department;
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h) Decisions on the socialization of public service
supply activities in education and training within the jurisdiction of the
Provincial-level People's Committee.
i) Decisions on standards, criteria for using
public construction areas, standards, criteria for using machinery, equipment
in education and training for educational institutions under management scope;
k) Documents on recognizing the province achieving
level-3 universal education standard, level-2 illiteracy eradication, and
requesting the Ministry of Education and Training to recognize;
l) Other contents for implementation of the state
management tasks in the education within the jurisdiction of the
Provincial-level People's Committee and upon request and proposal of the
Government of Vietnam, the Prime Minister, and the Ministry of Education and
Training.
2. Advise and send the Chairperson of the
provincial-level People's Committee:
a) To promulgate documents on education within the
jurisdiction of the Chairperson of the provincial-level People's Committee as
assigned;
b) To decide including ethnic minority languages
in education as stipulated in regulations of the Government of Vietnam and
other relevant regulations;
c) To decide promulgating plans, development plans
for teachers, educational managers, public employees, and employees in
educational institutions in the province;
d) To decide establishing a school council;
recognizing, appointing, dismissing the Chairperson of the school council;
adding, replacing members of the school council; recognizing, appointing,
re-appointing, extending working time, dismissing, changing position, giving
commendations, imposing discipline for the principal, deputy principal of
educational institutions under the province according to title standards and
procedures prescribed by law;
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e) To decide converting the type of preschools,
general education institutions established by foreign diplomatic missions or intergovernmental
organizations into non-profit educational institutions according to applicable
regulations;
g) To decide announcing the province achieving
level 1 and level 2 universal education standards according to regulations;
h) To decide approving the organization of foreign
language proficiency certificate exams according to regulations;
i) To decide issuing, renewing, terminating,
amending, and supplementing decisions to allow the establishment of
representative offices of foreign educational institutions in Vietnam;
k) To decide issuing, amending, supplementing,
renewing, reissuing, terminating, revoking permits for the establishment of
representative offices of foreign educational institutions in Vietnam according
to regulations;
l) Other contents for implementation of the state
management tasks in the education within the jurisdiction of the Chairperson of
the Provincial-level People's Committee and upon request of the Government of
Vietnam, the Prime Minister, and the Ministry of Education and Training.
3. Send the competent authority to decide or
authorized to decide the establishment, permission for establishment,
permission for operation of educational activities, reorganization,
acquisition, division, dissolution, conversion of type of educational
institutions; establishment, permission for establishment of branches,
termination of branches of intermediate schools under its management authority
according to regulations.
4. Regarding finance and assets for education
a) Guide, organize the mobilization of resources to
develop education, ensure the autonomy and responsibility of educational
institutions under the management; manage assets of educational institutions as
assigned by law;
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5. Regarding teachers, educational managers, public
employees, and employees; training and retraining
a) Lead the implementation of recruitment,
reception, mobilization, secondment, and transfer of teachers, educational
managers, public employees, and employees in public educational institutions
within the province according to Law on Educators, relevant laws and the
devolution of the provincial-level People's Committee;
b) Lead the management, use, changes of
professional titles, training, retraining, and assessment of teachers,
educational managers, public employees, and employees in public educational
institutions within the province according to the devolution of the
provincial-level People's Committee and the Law on Educators.
6. Regarding job positions, personnel structure
based on professional titles and staffing quotas of public service providers
a) Decide on job positions, adjustment of job
positions, and personnel structure according to professional titles within
public educational institutions under the management scope, according to the
devolution or approval of the Chairperson of the Provincial-level People's
Committee;
b) Ensure staffing quotas for educational managers,
employees salaried from the state budget, and employees under the employment
contracts according to the approved job position plan, meeting the conditions
to ensure the quality of education; take responsibility for explaining
educational activities, education quality, management of personnel and
learners; implement the education development policies under the management
authority;
c) Decide on the allocation, adjustment of the
number of employees salaried from the state budget for public educational
institutions within the province within the total number of employees approved
by the Provincial-level People's Council according to regulations;
d) Decide on pay raise, pay raise ahead of
schedule, and other regimes on salary, allowances, bonuses, and other policy
regimes for public employees and employees under employment contracts in
educational institutions under the management in accordance with law and
regulations of the Provincial-level People's Committee; according to the
devolution or approval of the Chairperson of the Provincial-level People's
Committee
7. Regarding educational contents and programs
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b) Manage the specialization in the implementation
in general education programs of continuous education centers, vocational
education - continuous education centers, community learning centers, and other
centers performing the tasks of continuous education as prescribed. Take responsibility
for explaining educational activities, education quality, teacher and student
management, and implementation of education development policies under the
management authority to the Provincial-level People's Council, Provincial-level
People's Committee, and the entire society;
c) Provide professional guidance for individuals
holding the title of education monitor in the commune-level People's Committee;
d) Consolidate opinions of ethnic minorities in the
area and prepare a report on ensuring conditions and incorporating the language
of ethnic minorities into teaching; advise the Chairperson of the
Provincial-level People's Committee on the decision to teach the language of
ethnic minorities in the province.
8. Regarding organization of the operation and
management of educational institutions
a) Decide on the establishment the school council;
recognition, appointment, dismissal of the Chairperson of the school council;
supplement and replacement of members of the school council; recognition,
appointment, reappointment, extension of retirement age, dismissal,
resignation, relief of duties, change of job position, commendation, discipline
of the head, deputy head of the public educational institutions under the
management; recognition, supplement, completion of the school council,
management council; recognition, resignation, relief of duties, change of the
head and deputy head of the school council, principal and vice principal, and
replace the chairperson, secretary, members of the management council or
terminate the operation of the management council of private educational
institutions under the management according to the title standards and
procedures prescribed by law. Decide appointing the head and deputy head of
public educational institutions within the scope of state management of at
least 02 commune-level administrative divisions;
b) Decide managing continuing education
institutions (excluding community learning centers); vocational education
institutions; upper secondary educational institutions; specialized educational
institutions, and other educational institutions in the province;
c) Direct, provide guidance for admissions,
examinations, issuance, and revocation of certificates and diplomas;
d) Manage educational activities inside and outside
of the school; direct the implementation of education of ethics, lifestyle, and
school safety; organize the implementation of the plan to innovate the
programs, textbooks for general education; implement and direct the
implementation of the programs, textbooks for general education in the
province.
dd) Preside, coordinate with the commune-level
People's Committee to implement inclusive education policies according to the
guidance of the provincial-level People's Committee; ensure the minimum
conditions to meet the requirements of inclusive education at the province;
mobilize and organize, create conditions for people with disabilities to
participate in inclusive education in educational institutions.
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g) Authorize the commune-level People's Committee
to perform one or more tasks, powers within the jurisdiction of state
management in education of the Department of Education and Training;
h) Preside over and coordinate with the
commune-level People's Committee to formulate the content of coordinated
management and organization of related educational activities of multi-level
general education schools with the highest level being upper secondary level in
the province;
i) Direct and guide educational institutions to
organize the assessment of digital transformation level of units under the
management; update, publish the results of the assessment of digital
transformation level of educational institutions on its website and mass media
to ensure the security, integrity, and effective exploitation of the assigned
education database;
k) Organize self-assessment of digital
transformation level of specialized education management agencies in the
province; guide and direct educational institutions under the management scope
to organize self-assessment of digital transformation level according to
regulations and set of indexes issued by the Ministry of Education and
Training.
9. Regarding inspections in education
a) Provide guidance, inspect the conditions
ensuring the education quality in educational institutions under the
management;
b) Inspect the compliance with the law by
educational institutions under the state management authority in communes;
c) Conduct inspections and citizen reception,
resolve complaints and denunciations, prevent corruption and wastefulness, and
handle violations against regulations;
d) Coordinate with the commune-level People's
Committee to guide the inspection of the organization and operation of
Education and Training Centers in the province;
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e) Direct, guide, inspect, and supervise the implementation
of regulations on personnel regime and policies at educational institutions
under the management;
g) Provide guidance, inspect the implementation of
regulations on ensuring information security, cybersecurity, and protection of
personal data for information technology systems and educational databases
under the management.
10. Perform commendation or propose competent
authorities to perform commendation for organizations and individuals with
outstanding achievements in educational operation in the province.
11. Provide guidance, resolve within authority or
propose competent authorities to resolve difficulties that arise in
implementing salary, allowances, and bonuses policies for teachers, educational
managers, public employees, and employees in educational institutions in the
province according to the law and regulations of the provincial-level People's
Committee.
12. Provide guidance and organize the education
information and data updates into the education database system under the
management, ensuring completeness, accuracy, timeliness, and the ability to
connect and integrate data the school management systems and relevant national
databases; carry out periodic and ad-hoc statistical and reporting works,
disclosure in education in the province under the management specified by the
provincial-level People's Committee and the Ministry of Education and Training.
13. Organize the implementation of public
educational services within the scope of state management of the Department of
Education and Training.
14. Take responsibility for explaining educational
activities, education quality, teacher and student management, and
implementation of education development policies under the management authority
to the Provincial-level People's Committee and the Ministry of Education and
Training as prescribed;
15. Manage and take responsibility for finances and
assets assigned in accordance with the law and regulations of the
provincial-level People's Committee.
16. Perform other tasks and powers within the prescribed
distinction of powers, delegation, devolution, and authorization according to
the law and other regulations of the competent authorities.
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FUNCTIONS, DUTIES AND
POWERS OF DIVISIONS OF CULTURE AND SOCIAL AFFAIRS AFFILIATED TO COMMUNE-LEVEL
PEOPLE'S COMMITTEES IN THE FIELD OF EDUCATION AND TRAINING
Article 5. Functions
The Division of Culture and Social Affairs shall
advise and assist the commune-level People's Committee in implementing the
state management functions for: Preschool education; general education
(including preschools, primary schools lower secondary schools, multi-level
schools with the highest level being lower secondary schools); community
learning centers.
Article 6. Tasks and powers
1. Advise and send the commune-level People's
Committee:
a) Resolutions of the commune-level People's
Council, decisions of the commune-level People's Committee on the education
development plan in the commune; organization of the implementation of the
approved education development plan in the commune; formulation of
implementation plans for the approved education development plan in the
commune.
b) Decisions, plans, programs, projects for the
preschool, primary, lower secondary education development in the commune in
accordance with the education development strategy and the socio-economic
development plan of the province; implementation plans for education
universalization and illiteracy eradication in the province.
2. Advise and send the Chairperson of the
commune-level People's Committee:
a) Decisions, plans, and other documents on
education within the jurisdiction of the Chairperson of the commune-level
People's Committee as assigned;
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c) Decisions on the establishment the school
council; recognition, appointment, dismissal of the Chairperson of the school
council; supplement and replacement of members of the school council;
recognition, appointment, reappointment, extension of retirement age,
dismissal, resignation, relief of duties, change of job position, commendation,
discipline of the head, deputy head of the public educational institutions
under the management; recognition, supplement, completion of the school
council, management council; recognition, resignation, relief of duties, change
of the head and deputy head of the school council, principal and vice
principal, and replace the chairperson, secretary, members of the management
council or terminate the operation of the management council of private
educational institutions under the management according to the title standards
and procedures prescribed by law;
d) Decisions on issuing lower secondary diplomas as
prescribed.
3. Regarding finance and assets for education
a) Coordinate with relevant specialized agencies to
advice and request the commune-level People's Committee to decide on land use planning
and plans, education development plans within the delegated management
authority;
b) Coordinate with relevant specialized agencies to
advise and request the commune-level People's Committee to decide on investment
guidelines for construction of preschools, primary schools, lower secondary
schools, multi-level schools with the highest level being lower secondary
schools, community learning centers as stipulated; coordinate with relevant
units to advise competent authorities to build national standard schools,
formulate land use plans for educational institutions in the commune;
c) Coordinate with relevant specialized agencies to
advice and request the commune-level People's Committee to decide allocating
and assigning budget for affiliated educational institutions when approved by
competent authorities; approve the settlement, annual settlement notice of
educational institutions.
d) Coordinate with relevant specialized agencies to
advise and assist the commune-level People's Committee to guide and inspect the
allocation, use of state budget and other legitimate financial sources for
education institutions in the commune as stipulated by laws;
dd) Coordinate with relevant specialized agencies
to advise and assist the commune-level People's Committee to decide making
payments (or authorized to educational institutions to make payments), settling
tuition exemption, tuition reductions, tuition assistance, and other polices as
stipulated by laws;
e) Coordinate with relevant specialized agencies to
advice and request the Chairperson of the commune-level People's Committee to
formulate plans and invest in educational institutions in the commune; report
to competent authorities on mobilization, receipt, and use of funds from
educational institutions under the management.
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5. Advise and assist the commune-level People's
Committee to ensure the implementation of state management tasks related to
education within the functions, tasks, powers, and organization of specialized
divisions under the commune-level People's Committee.
6. Regarding teachers, educational managers, public
employees, employees, and job positions, personnel structure according to
professional titles and the number of employees in public service providers
a) Advise and propose the commune-level People's
Committee the needs of teaching personnel under the management, report to
competent authorities;
b) Advise and request the commune-level People's
Committee to decide on job positions, adjustment of job positions, and
personnel structure according to professional titles within public educational
institutions under the management, manage job positions, personnel structure
according to professional titles and the number of employees in educational
institutions under the management;
7. Advise and assist the commune-level People's
Committee to implement preschool education programs, primary education
programs, lower secondary education programs, continuing education, and
vocational education at the commune.
8. Regarding organization of the operation and
management of educational institutions
a) Advise and assist the commune-level People's
Committee to manage the organization and personnel of community learning
centers (directing the use, assessment, training, development, and
implementation of policies for teachers, managers, public employees, and
employees in community learning centers under the management as stipulated);
b) Advise and assist the commune-level People's
Committee to organize the implementation of autonomy, take responsibility for
explaining the fulfillment of tasks, and ensure the education quality and
educational activities under the management;
c) Advise and guide the admissions under the
management; implement the universal education, compulsory education, literacy
eradication, and develop a learning society in the commune; direct, guide,
supervise schools under the management in implementing quality education
assessment, building schools to meet national standards, implementing quality
improvement plans to maintain and enhance the education quality as stipulated;
receive education quality assessment applications from schools under the
management, appraise and send applications to the Department of Education and
Training; advise competent authorities on support policies for community
learning centers operating effectively and contributing to the successful
implementation of economic, cultural, and social development goals of the
commune;
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Advise and assist the commune-level People's
Committee to explain about educational activities, education quality, teacher
and student management, and implementation of education development policies
under the management authority to the commune-level People's Council,
Department of Education and Training, and the entire society;
e) Advise and assist the commune-level People's
Committee to cooperate with the Department of Education and Training and
relevant agencies in managing the implementation of regulations on extra
classes in the commune.
9. Advise and request the Chairperson of the
commune-level People's Committee to decide on pay raise, pay raise ahead of
schedule, and other regimes on salary, allowances, bonuses, and other policy
regimes for public employees and employees under employment contracts in
educational institutions under the management in accordance with law and
regulations of the Provincial-level People's Committee.
10. Regarding inspections in education
a) Advise and assist the commune-level People's
Committee to inspect the compliance with the law by educational institutions
under the management of the commune-level People's Committee;
b) Advise and assist the commune-level People's
Committee to resolve complaints and denunciations, handle violations against
regulations on education of educational institutions under the management;
c) Advise and assist the commune-level People's
Committee to organize inspections of conditions for ensuring the education
quality of educational institutions under the management;
d) Advise and assist the commune-level People's Committee
to organize inspections and monitor the implementation of personnel management
of educational institutions under the management.
11. Advise and request the Chairperson of the
commune-level People's Committee to decide on commendations for organizations
and individuals with significant contributions to the educational development
in the commune.
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13. Advise and assist the commune-level People's
Committee to organize implementation of administrative reform, application of
information technology and digital transformation, and e-government development
in the field of education; measures to ensure information security,
cybersecurity, and personal data protection for information technology systems
and education databases in the commune according to regulations.
14. Organize the implementation of public
educational services within the scope of state management according to
regulations.
15. Perform other tasks and powers within the
prescribed distinction of powers, delegation, devolution, and authorization
according to the law and other regulations of the competent authorities.
Chapter IV
IMPLEMENTATION
Article 7. Implementation
clauses
1. This Circular comes into force from July 24,
2025.
2. This Circular replaces Circular No.
12/2020/TT-BGDDT dated May 22, 2020 of the Minister of Education and Training.
3. Some phrases in Circular No. 09/2025/TT-BGDDT
dated June 12, 2025 of the Minister of Education and Training are amended as
follows:
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b) The phrases: “District-level People's
Committee”, “Clause 1 Article 6” in Clause 1 and the phrase “Clause 1” in
Clause 2 Article 5 are removed.
Article 8. Transition clauses
For the transfer of functions and tasks regarding
administrative procedures between relevant agencies, the following principles
shall be applied:
1. In cases where the organization or individual
has submitted the application before the effective date of this Circular, such
organization or individual shall comply with the provisions of the law at the
time of submission.
2. Documents and papers issued by competent
authorities before the effective date of this Circular that remain valid or
within their period of use shall continue to apply and be used in accordance
with the law until expiration or amendment, supplementation, replacement,
annulment, revocation, or withdrawal by the successor agencies or
positions or by competent agencies or persons.
Article 9. Responsibility for
implementation
The Chief officers, the Director of the
Department of Organization and Personnel, Heads of relevant units affiliated to
the Ministry of Education and Training; Chairpersons of Provincial-level
People's Committees; Directors of Departments of Education and Training; Chairpersons
of commune-level People's Committees; relevant agencies, organizations, and
individuals are responsible for implementing this Circular./.
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