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MINISTRY OF EDUCATION AND TRAINING
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 40/2021/TT-BGDDT
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Hanoi, December 30, 2021
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CIRCULAR
PROMULGATING REGULATION ON ORGANIZATION AND OPERATION OF
PRIVATE PRIMARY SCHOOLS, MIDDLE SCHOOLS, HIGH SCHOOLS AND COMBINED SCHOOLS
Pursuant
to the Law on education dated June 14, 2019;
Pursuant
to the Government’s Decree No. 69/2017/ND-CP May 25, 2017 defining the
functions, tasks, powers and organizational structure of the Ministry of
Education and Training;
Pursuant
to the Government’s Decree No. 46/2017/ND-CP April 21, 2017 prescribing
regulatory requirements for educational investment and business operation;
Pursuant
to the Government’s Decree No. 127/2018/ND-CP dated September 21, 2018
determining responsibility for state management of education;
At the
proposal of the Director General of Primary Education Department, the Director
General of Secondary Education Department;
The
Minister of Education and Training hereby promulgates a Circular promulgating
regulation on organization and operation of private primary schools, middle
schools, high schools and combined schools.
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Article
2. This Circular comes into force as of
February 14, 2022.
The
Circular supersedes Circular No. 13/2011/TT-BGDDT dated March 28, 2011 of the
Minister of Education and Training on issuance of the regulation on
organization and operation of private primary schools, lower secondary schools,
upper secondary schools and combined secondary schools
Article
3. The Presidents of the People’s
Committees of provinces, the Directors of Education and Training Departments,
the Heads of Education and Training Divisions, the principals of private
primary schools, middle schools, high schools and combined schools, relevant
organizations and individuals shall be responsible for implementation of this
Circular.
PP. MINISTER
DEPUTY MINISTER
Nguyen Huu Do
REGULATION
ON ORGANIZATION AND OPERATION OF PRIVATE PRIMARY SCHOOLS,
MIDDLE SCHOOLS, HIGH SCHOOLS AND COMBINED SCHOOLS
(Issued together with Circular No. 40/2021/TT-BGDDT dated December 30, 2021
of the Minister of Education and Training)
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GENERAL PROVISIONS
Article
1. Scope and regulated entities
1. This
Regulation promulgates organization and operation of private primary schools,
middle schools, high schools and combined schools, including: organization and
management of private schools; teachers, officials, employees and students;
facilities, finance and property; inspection and education quality assessment,
commendation and actions against violations.
2. This
Regulation applies to private primary schools, middle schools, high schools and
combined schools (hereinafter referred to as "private schools"),
relevant organizations and individuals.
Article
2. Position of private schools in national education system
1.
Private schools shall be educational institutions of national education system
which are invested; guaranteed conditions for operation by domestic investors
or foreign investors; and are established and operated under permission of
competent agencies.
2. The
school’s facilities and operating expenses are not covered by state budget.
3. Each
school has legal status and a separate account and stamp.
Article
3. Duties, entitlements of private schools
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2.
Private schools shall exercise autonomy and self-responsibility for
implementation of plans for development of education activities, recruitment
and development of teaching staff, mobilization, use and management of
resources for compulsory education objectives.
3.
Private schools shall send regular or irregular reports as prescribed and at
the request of the competent managing authorities.
4.
Private schools shall fulfill other duties and exercise other rights as
prescribed in regulations of law.
Article
4. Incentive policies
Private
schools shall be allocated or leased land or facilities by the State, allocated
budget when performing tasks assigned by the State; and benefited from
incentive policies on tax, credit and other incentive policies as prescribed in
regulations of law.
Article
5. Decentralization
1. Chairpersons
of the People's Committees of districts shall issue the establishment decision
and the district-level People's Committees shall be in charge of management of
primary schools, middle schools and combined schools (in which the middle
school is the highest level)
2.
Chairpersons of the People's Committees of provinces shall issue the
establishment decision and Departments of Education and Training shall be
responsible for management of high schools and combined schools (in which the
high school is the highest level) Departments of Education and Training shall
cooperate with the People's Committees of districts in management and
organization of relevant educational activities of combined schools (in which
the high school is the highest level).
3. The
decentralization of private schools invested by foreign investors shall comply
with regulations of the Law.
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ORGANIZATION AND MANAGEMENT
Article
6. Organizational structure of private schools
Each
private school must have school council; Control Board; Principal and Deputy
Principal(s); Board of emulation and commendation; Discipline Committee;
Advisory Boards; affiliate of the Communist Party of Vietnam; affiliate of
trade union; affiliate of Ho Chi Minh Communist Youth Union; affiliate of Ho Chi
Minh Young Pioneer Organization; specialized teams; office team; and units in
charge of educational activities characteristic of the school and other
necessary activities as required by the mission of the private schools.
Article
7. School council
1. The
school council of a private school shall manage the school, exercise the right
of representation of the investors and relevant interested parties and
implement the investors’ decisions
2.
Composition of school council
a) The
school shall be composed of investor representatives and in-school and
out-school members elected in an investor conference and decided according to
the proportion of contribution.
b) The
non-profit private school shall be composed of investor representatives elected
and decided by investors according to the proportion of contribution; and
in-school and out-school members. In-school members shall include standard
members and voted members. Standard members are the secretary of the Party
Executive Committee, principal, chairperson of trade union and secretary of the
Ho Chi Minh Communist Youth Union. Voted members are representatives of
teachers and staff elected in a plenary meeting or delegate meeting of the
school. Out-school members shall include representatives of leaders, managers,
educators, entrepreneurs and alumni elected in a plenary meeting or delegate
meeting of the school.
c) The
school council shall have a chairperson, a secretary and other members, and an
odd number of members between 05 and 15. The council’s tenure shall be 05
years.
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a)
Pursuant to composition of the school council in Clause 2 herein, the investor
or owner conference shall decide the number of members of school council;
appoint or elect investor representatives, in-school and out-school members;
elect the president of school council; make a report in order to request the
competent authority specified at Point b of this Clause to issue a decision on
recognition for the school council and the president of school council.
b) The
Chairpersons of district-level People's Committees shall issue decision on
recognition for the school council and the president of school council of
primary schools, middle schools and combined schools (in which the middle
school is the highest level). Director of the Department of Education and
Training shall issue decision on recognition for the school council and the
president of school council of high schools, combined schools (in which the
high school is the highest level) The council secretary shall be appointed by
the council chairperson.
The
school council and the president of school council of the private cool invested
by foreign investors shall be recognized under decision of the competent
authority which gives permission for establishment of the school
c) On an
annual basis, if there is any change to the council’s members, the investor or
owner conference shall send a proposal for decision on school council
strengthening to the competent authority.
d) The
private school that has already had a Board of Directors shall be responsible
for convert the Board of Directors into the school council according to
regulations in this Clause within 6 months from the effective date of this
Circular.
4. Duties
and entitlements of the school council;
a)
Resolve the school’s development objectives, plans, vision and strategies,
projects and submit them to the invertor or owner conference for approval;
b)
Resolve regulation on organization and operation of the school and submit them
to the investor or owner conference for approval;
c)
Approve the plan on organizational structure and problems regarding the
organization and personnel of the school according to the proposal of the
principal; request addition, dismissal or discharge of members of the school council;
propose the recognition, dismissal or discharge of the principal or deputy
principal of the school, submit them to the investor or owner conference for
approval and the competent authorities for consideration and decision on
recognition;
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dd)
Supervise implementation of the school council’s resolutions, the management of
finance and property of the school and implementation of democratic regime in
the school activities.
5.
Operation of school council
a) The
school council shall convene at least three times a year.
b) A
meeting session shall be recognized as valid when at least three fourths of the
council members attend (including the council chairperson).
c) Where
necessary and at the request of the principal or over a half of the council
members, the council chairperson has the right to convene an irregular meeting
to resolve issues arising while the school fulfills its duties and exercises
its rights. The council may hold a meeting by requesting written opinions. The
council may invite representatives of other groups of people to a meeting if
necessary.
d) A
resolution by the school council shall be passed and come into force with the
approval of at least two thirds of the present members. Resolution issued by
the school council shall be declared publicly.
Article
8. The Control Board
1. The
control board of a private school shall be elected by the investor or owner
conference. The control board shall have a head and members. The Control Board
shall consist of 3 through 5 members, including representatives of investors,
teachers, employees and parents of students. The control board must have at
least one member proficient in accounting.
2. The
Controller may not concurrently hold the position of the member of the school
council, the principal or the chief accountant; may not be the parents,
spouses, or children of the member of the school council, the Principal, and
the Chief accountant.
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4. The
control board has following rights and duties:
a)
Inspect and observe the operation of the school, the school council, the
leaders and organizations in the school.
b)
Inspect and observe all financial activities of the school and carry out the
public financial regime.
c) Send
their regular notifications of operation results and reports, decisions,
requests to the school council before they are ratified at the investor or
owner conference.
d) Send
reports on results of inspection and observation of operation of the school to
the investor or owner conference at the meetings of the investor or owner
conference.
dd)
Exercise other rights and fulfill other obligations as prescribed in the
Regulation on organization and operation of the school.
Article
9. School principal, deputy principal (s);
1. School
principal
a) The
principal of a private school shall manage and direct the school's operations
and take responsibility for the school’s educational quality.
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c) The
tenure of a principal
The
tenure of the principal shall be 05 years. In case of the private school with a
foreign principal, the principal's tenure shall comply with the work permit and
not exceed 5 years.
Each person
may not hold the Principal position concurrently in two private schools.
d) Duties
and rights of principal
-
Formulate the school’s development planning; the school’s organizational and
operational regulations; and the school’s annual education plans, which shall
be proposed to the school council for approval and implementation;
-
Organize teaching activities and other activities according to regulations,
ensure the quality, comply with regulations of the Law and the plan approved by
the school council in order to achieve goals of developing the school;
-
Implement the school council's resolutions; organize and administer
professional activities, ensure the quality of education and operation of the
school within their duties and rights;
- Sign
labor contracts with teachers and staff in case of being authoritized by the
investor or owner conference; appoint and dismiss group leaders and
vice-leaders, reward and discipline teachers, staff and students in accordance
with regulations of the Law after approval of the school council;
- Make
estimates and annual budget settlement then submit them to the investor or
owner conference for approval and implement according to regulations; send
regular reports to the investor or owner conference; school council and the
competent agencies related to financial activities and operation of the school;
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- Attend
the meetings of the school council (if he/she is not a member) without voting
right; report teaching activities to the school council, the investor or owner
conference; reserve his/her opinions different from the decision of the school
council then send report to the superior education authority for consideration.
- Perform
other duties and rights as prescribed per the law.
2. Deputy
principal
a)
Perform management and direction tasks assigned by the principal; direct the
school’s operation when authorized by the principal.
b) A
person who is appointed or recognized as a deputy principal of a private school
shall meet the standards specified in Point b Clause 1 of this Article.
c) The
tenure of a private school’s deputy principal shall be 05 years
d) Duties
and rights of deputy principal
- Perform
tasks assigned or authorized by the principal;
- Join
meetings of specialized teams; self-learn to improve professional capacity and
managerial capability
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a) The
Chairpersons of district-level People's Committees shall issue decision on
recognition for the school’s principal and deputy principal (s) of primary
schools, middle schools and combined schools (in which the middle school is the
highest level). Directors of the Department of Education and Training shall
issue decision on recognition for the principal and deputy principal (s) of
high schools, combined schools (in which the high school is the highest level)
b) The
principal and deputy principal (s) of the private school invested by foreign
investors shall be recognized by the competent authority which gives permission
for establishment of the school
Article
10. Education programs
1. The
private school must carry out the education programs according to regulations
of the Law.
2. The
private school must carry out academic year plans according to regulations of
the Ministry of Education and Training. The private school, including middle
schools and high schools, shall apply similar duration of duty to the public
schools, in addition, it may extend the duration of duty provided that it does
not exceed 4 weeks per year.
Chapter
III
TEACHERS, OFFICIALS, EMPLOYEES AND
STUDENTS
Article
11. Standards, rights and duties of teachers, officials and employees
1. Each
teacher, official and employee of a private school must meet requirements for
professional standards, standardized educational qualifications as prescribed
by the Law on Education, the Charter of private schools and other regulations
of the Law.
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Article
12. Requirements pertaining to tenured teacher rate and quota on teachers and
employees
1. The
private school must ensure that the ratio of number of tenured teachers to
total number of teachers in the first school year shall comply with the
regulations on the public schools as follow: primary schools: 90%; middle
schools and high schools: at least 40%.
2. The
number of teachers and employees of the private school may not be smaller than
the quota on teachers, employees for each grade as prescribed in regulations of
the State.
Article
13. Recruitment of administrative officials, tenured teachers and employees
1.
Administrative officers, tenured teachers and employees of the private school
shall not be officials and civil servants of the state; they shall be recruited
by the school and conform to working conditions and policies according to
regulations of the Law on Education and the Charter of private schools and
other regulations of the Law
2.
Tenured teacher is a teacher who is recruited by the school and signs a labor
contract with a term of 36 months or an indefinite-term contract under the
Labor Code; is not working under a labor contract with a term of 03 months or
more with other employers.
Article
14. Duties and rights of students
The
students of the private school have rights and duties as prescribed in the
Charter of private schools; and benefit from policies as prescribed in the
state.
Chapter
IV
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Article
15. Facilities
The
private school must ensure conditions for facilities and equipment as
prescribed in the Charter of private schools and regulations on education
equipment promulgated by the Ministry of Education and Training.
Article
16. Finance and property
1.
Financial regime: The private school shall operate according to the principle
of financial autonomy, carry out regimes for accounting, auditing, tax, asset
valuation and disclose finance in accordance with regulations of the Law.
2.
Financial sources of private schools include:
a)
Contributed capital of the organizations or individuals establishing the school
and other legal sources of mobilization;
b)
Tuition fees collected from students according to regulations of the Law on
Education and regulations of the Law;
c)
Deposit interests at the bank, the State Treasury and institutions;
d)
Investments, grants, aid and gifts from domestic and foreign organizations or
individuals according to regulations of the Law;
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e)
Assistance from the budget when performing tasks assigned by the State;
g) Other
lawful receipts.
3.
Expenditures include:
a)
Salaries, allowances, wages, bonuses and payments for social insurance, health
insurance and unemployment insurance to employees; expenditures on training
courses for teaching staff, officials and employees of the school;
b)
Administrative management;
c)
Investments in construction and repair of facilities, rents for facilities (if
any); purchase of materials and teaching equipment;
d)
Depreciation of fixed assets;
dd)
Payments of interests of loans and stakes
e) Tax
liabilities to the regulatory agency;
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h) Other
expenditures as prescribed and regulations on finance approved by the investors
not contrary to regulations of law.
4.
Property of private schools includes:
a)
Initial property of contributing partners;
b)
Property acquired during the operation of the school;
c)
Property acquired from donation, gift or grant, non-refundable aid.
5.
Management of finance and property:
a) The
private schools shall collect tuition fees and other receipts in accordance
with the Law on Education and relevant provisions; manage finance, accounting,
tax payment and perform other financial obligations as prescribed by law;
b)
Finance and property of the private schools acquired from the receipts as
prescribed in Clause 2 and Clause 4 of this Article. Finance and property
acquired from donation, gift, grant, or non-refundable aid during the operation
of the school shall not be distributed to any individual, they are only used for
common interests of the school;
c) The
school must formulate the regulations on finance. The regulations shall be
ratified by the investor or owner conference and then it shall be approved by
the Chairperson of the School Council;
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dd) The
school shall formulate regulations on the use of property, annually, establish
a committee on physical inventory and evaluation of property and reinvestment
and supplement of property. If the property is conversed or transferred or the
teaching activities are suspended, the school shall establish a board of asset
liquidation, carry out the physical inventory and submit to the investor conference
for approval; refund capital to contributing partners according to regulations;
e) The
school shall comply with regulations of the State on mobilization and use of
capital, receipts and expenditures, distribution of income; execute the
inspection of the superior financial agency on use of funding, increases and
decreases in capital source of the school, registration of increases and
decreases in capital source according to regulations of the Law. The capital
withdrawal and transfer shall comply with regulations of the Law on
contributions and investment and ensure the development and stabilization of
the school;
g) The
receipts of the private school shall be used to pay for the activities of the
educational institution, fulfill obligations to the state budget, set up the
development investment fund and other funds of the educational institution. The
remaining part of receipts shall be distributed to investors according to the
proportion of contributions, except for the non-profit educational institutions;
h) Every
year, the private school shall disclose conditions for assurance about the
quality according to regulations; carry out financial disclosure regime and
send financial statements to the superior agency, financial authority and the
tax authority at the same level according to the current accounting policies;
and do accounting and release statistics as prescribed;
i) The
private school may not allow any individual or organization to make use of the
school to commit violations against regulations of law, or commit self-seeking
that is inconsistent with the school’s educational activities.
Chapter
V
EDUCATION QUALITY INSPECTION AND
ASSESSMENT, COMMENDATION AND ACTIONS AGAINST VIOLATIONS
Article
17. Education quality inspection and assessment
1. The
private schools must carry out the self-inspection, assessment of its operation
according to applicable regulations.
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3. The
private school must carry out the education quality assessment as prescribed in
regulations of the Minister of Education and Training.
Article
18. Commendation
Any group
or individual of the private school contributing the development of the
education of the school shall be commended as prescribed in the state.
Article
19. Actions against violations
In case
the private school violates regulations of law, regulations on organization and
operation; fails to ensure education quality assurance, fails to meet
requirements pertaining to facilities, teaching and learning equipment, hygiene
and safety, according to the seriousness of the violations, it shall be
sanctioned according to regulations of the Law.