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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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Law
No. 43/2019/QH14
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Hanoi,
June 14, 2019
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EDUCATION LAW
Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly
promulgates the Education Law.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law regulates the national
educational system; educational institutions, teachers, learners; state
management of education; rights and responsibilities of agencies,
organisations, individuals taking parts in educational activities.
Article 2.
Goals of education
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Article 3.
Characteristics, principles of education
1. The Vietnamese education is a
socialism-based education with popular, national, scientific and modern
characteristics, based on Marxism-Leninism and Ho Chi Minh's Thoughts.
2. Educational activities must be
conducted on the principles of learning coupled with practice, theories
connected to practicability, education at school combined with education in the
family and in the society.
Article 4.
Educational development
1. Educational development is the
first national priority.
2. Educational development must be
linked with the requirements of socio-economic development, to the
scientific-technological advances, to the consolidation of national defense and
security; must implement standardisation, modernisation and private sector
involvement; must ensure the balance in terms of professional, qualifications,
manpower and regional structure; must expand scale on the basis of quality and
efficiency assurance; and must link education with employment.
3. Develop an open educational system,
build a learning society to provide life-long educational access of every level
and every form to all the people.
Article 5.
Definitions
In this Law, the undermentioned
terms shall be defined as follows:
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2. “Continuing education”
means education that follows a certain educational programme and has flexible
organisation regarding programme implementation formats, time, methods,
locations, satisfying the learners’ need for lifelong learning.
3. “Education quality accreditation”
means assessing and recognizing educational institutions or educational
programmes that meet the education quality standards promulgated by competent
authorities and organisations.
4. “Year-based” means the
mode of educational and training organisation based on school years.
5. “Credit” means a unit
used to measure the amount of knowledge, skills and study results accumulated
after a certain period of time.
6. “Module” means a learning
unit that fully integrates knowledge, skills and attitude with an aim to
equipping learners with the capacity to fully or partially perform the tasks of
a profession.
7. “Graduation standards”
means the target requirements regarding learners’ quality and capacity after
completing an educational programme.
8. “Universalization of
education” means organizing educational activities in the way that ensures
all citizens of suitable age have access to education and acquire certain
qualifications as prescribed by law.
9. “Compulsory education”
means the type of education that has to be provided to all citizens of suitable
age in order for them to acquire the minimal educational qualification as
prescribed by law and facilitated by the State.
10. “Upper secondary education
knowledge” means the basic and core knowledge and skills in the upper
secondary educational programme that learners must accumulate in order to
continue learning a higher qualification of vocational education.
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12. “Educational institution”
means an institution providing education in the national educational system and
consists of schools and other educational institutions.
Article 6. The
national educational system
1. The national educational system
is an open, transferrable educational system consisting of formal education and
continuing education.
2. Educational levels and training
qualifications of the national educational system include:
a) Preschool education including
junior kindergartens (for children aged 03 – 36 months) and senior
kindergartens (for children aged 3 – 5 years);
b) General education with primary
education, lower secondary education, and upper secondary education;
c) Vocational education and
training at elementary-level, intermediate-level, or college-level and other
vocational training programmes;
d) Higher education with university
education, master education and doctoral education.
3. The Prime Minister shall make
decisions on the approval of the structural framework of the national
educational system and the Vietnamese Qualifications Framework; stipulate the
training duration, standards of each training level, the minimal learning quantity
for qualifications of vocational education and higher education.
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Article 7.
Requirements on contents, methods of education
1. Contents of education must
ensure the basic, comprehensive, practical, modern, systematic and up-to-date
characteristics; with importance attached to ideological, ethical and civic
consciousness education; preserving and developing the good traditions and the
national cultural identity, absorbing the essence of the mankind culture; and
suitable with the physical, intellectual and psycho-physiology development of
various age groups and abilities of learners.
2. Methods of education must be
scientific and bring into full play the activeness, consciousness,
self-motivation and creative thinking of learners; foster self-study and
cooperative abilities, practical ability, learning eagerness and the will to
advance forward.
Article 8.
Educational programmes
1. Educational programmes shall
reflect the goals of education; set the standards for knowledge, skills,
requirements on quality and capacity of learners; scope and structure of
educational contents; methods and forms of organizing educational activities;
evaluation methods of educational outcomes for each subject of every grade and
level or for each subject, module, specialization of every training
qualification.
2. Educational programmes must
ensure the scientific and practical characteristics; inheritability and
transferability among different levels and different training qualifications;
facilitate the classification of students and exchange between training
qualifications, specializations and educational forms in the national
educational system in order for localities and educational institutions to
proactively implement suitable educational plans; satisfying the goal of gender
equality and demands of international integration. Educational programmes are
the basis of comprehensive education quality assurance.
3. Requirements on knowledge,
skills and on dignity and capacity of learners defined in educational programmes
must be concretized in textbooks used for general education, in syllabi and
teaching materials used for vocational education and higher education.
Textbooks, syllabi and teaching materials must meet the requirements on
educational methods.
4. Preschool education and general
education shall run year-based programmes; vocational education and higher
education may run year-based, module-based, credit-based programmes or combined
programmes.
Study results of subjects or
credits/modules accumulated by learners after pursuing an educational programme
are considered for transferable values for respective subjects or
credits/modules of other educational programmes when learners change their
educational specializations/professions, forms of studies, or follow higher
educational levels or qualifications.
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Article 9.
Career orientation and student classification
1. Career orientation in education
is a system of measures implemented inside and outside educational institutions
to provide students with knowledge about professions and the ability to choose
a profession based on a combination of personal desires, fortes and social
labour demands.
2. Student classification is a
measure of organizing educational activities on the basis of career orientation
in education, enabling lower secondary and upper secondary graduates to
continue with their studies in higher educational levels/qualifications or
vocational education or to join the labour force with regard to personal
capacity, circumstances and social demands, contributing to the regulation of
the professional structure following the developing requirements of the
country.
3. The Government shall provide for
career orientation and student classification in each period of time, meeting
the requirements of socio-economic development.
Article 10.
Transferability in education
1. Transferability in education is
the act of using available study results to continue studying in other
educational levels and qualifications within the same specialization or switch
to another specialization, mode of education and training qualification with
corresponding content requirements, ensuring transferability between
educational levels and training qualifications of general education, vocational
education and higher education.
2. Transferability in education
must satisfy conditions of quality assurance. Educational programmes shall be
designed with inheritability, integrating knowledge and skills based on the
graduation standards of each educational level in the Vietnamese Qualifications
Framework. Learners shall not have to relearn knowledge and skills accumulated
in previous educational programmes.
3. The Government shall provide for
the transferability between educational levels/training qualifications in the
national educational system.
Article 11.
Languages, written languages used in educational institutions
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2. The State shall encourage and
enable ethnic minority people to learn their spoken and written languages as
prescribed in Governmental regulations; hearing-impaired and speaking-impaired
persons to learn via sign language, vision-impaired persons to learn via the
Braille alphabet as prescribed in the Law on Persons with Disabilities.
3. Foreign languages defined in
educational programmes are the languages used commonly in international
communication. The teaching of foreign languages in educational institutions
should guarantee that learners have continuing and effective learning process.
Article 12.
Degrees/diplomas and certificates
1. Degrees/diplomas of the national
educational system are conferred to learners upon successful completion of an
educational level or educational programme and meeting the graduation standards
of the corresponding qualification as prescribed in this Law.
2. Degrees/diplomas of the national
educational system consist of the following: lower secondary diploma, upper
secondary diploma, diploma of vocational secondary schools, college degree,
bachelor degree, master degree, doctoral degree and degrees/diplomas of
equivalent qualifications.
3. Certificates of the national
educational system are granted to learners to acknowledge their learning
results upon successful completion of courses for knowledge or professional
upgrading or conferred to candidates of certification examinations as
prescribed by law.
4. Degrees/diplomas and
certificates granted by educational institutions of educational types and modes
in the national educational system shall have equal legal values.
5. The Government shall promulgate
a system of higher educational degrees/diplomas and stipulate the equivalent
degrees/diplomas of some specific in-depth specializations.
Article 13.
Learning rights and obligations of citizens
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2. The State shall ensure social
equality in education, create a safe educational environment, ensure inclusive
education and enable learners to develop their potentials and talents.
3. The State shall give priority in
enabling children with special backgrounds as prescribed in the Children Law,
disabled and handicapped persons as prescribed in the Law on Persons with
Disabilities and learners from poor and near-poor households to exercise their
learning rights and obligations.
Article 14.
Universalization of education and compulsory education
1. Primary education is compulsory.
The State shall provide the
universalization of preschool education to 05-year-old children and provide the
universalization of lower secondary education.
2. The State shall be responsible
for implementing compulsory education throughout the country; planning and
facilitating the universalization of education.
3. All citizens within defined age
groups shall have the obligation to learn in order to contribute to the
universalization of education and complete the compulsory education programme.
4. Families and guardians shall
enable their members in defined age groups to receive education in order to
contribute to the universalization of education and complete the compulsory
education programme.
Article 15.
Inclusive education
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2. The State shall issue assistance
policies to implement inclusive education for learners who are children with
special backgrounds as prescribed in the Children Law, learners who are
disabled and handicapped persons as prescribed in the Law on Persons with
Disabilities and other relevant regulations.
Article 16.
Private sector involvement in education
1. To develop education and to
build a learning society are the responsibilities of the State and of the whole
population.
2. The State shall play the
dominant role in developing the cause of education; carry out the
diversification of types of educational institutions and modes of education;
encourage, promote and enable organisations and individuals to take part in the
development of the cause of education; encourage the development of
people-founded and private educational institutions, satisfying the social
demands on high quality education.
3. All organisations, families and
citizens shall be responsible for taking care of education, cooperating with
educational institutions in realizing the goals of education and building a
safe and healthy educational environment.
4. Organisations and individuals
with contributions to the cause of education shall be rewarded in compliance
with the law.
Article 17.
Investment in education
1. Investment in education is an
investment in development. Investment in the field of education is a conditional
business investment with preferential treatment and assistance as prescribed by
law.
2. The State shall give priority to
investment and to the attraction of other investment sources for education;
priorities investment in the universalization of education, educational
development in mountainous areas, islands, ethnic minority areas, areas with
exceptional socio-economic difficulties, areas with industrial zones.
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3. The State budget shall hold the
key role in the total resources invested in education.
Article 18.
Roles and responsibilities of education managers
1. Education managers play an
important role in organizing, managing and directing educational activities.
2. Education managers shall have
the responsibilities for studying, training, improving their moral standards,
qualifications, management competence and for complying with the standards and
regulations prescribed by law.
3. The State shall have plans to
build and improve the quality of education managers.
Article 19.
Scientific and technological activities
1. Scientific and technological activities
are one duty of educational institutions.
2. Educational institutions shall
implement or cooperate with scientific and technological organisations and
production, trade and service units to carry out education, scientific research
and technology transfer for socio-economic development.
3. The State shall enable
educational institutions to organize scientific and technological activities,
combining training with scientific research and production so as to improve
education quality; to gradually implement the role of a cultural, scientific
and technological centre for the locality or the whole country.
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Article 20.
Prohibition of promotion of religions in educational institutions
Neither religion promotion nor
religious rituals are to be conducted in educational institutions of the
national educational system, of the State agencies, of political organisations,
of socio-political organisations and of the people's armed forces.
Article 21.
Prohibition of abuse of educational activities
1. It is prohibited to abuse
educational activities to distort State guidelines, policies, legislation; to
oppose the Socialist Republic of Vietnam, to separate the block of great
national solidarity, to incite violence, to propagate war of aggression, to
erode the good traditions and customs, to publicize superstitious beliefs and
bad customs, or to attract learners into social evils.
2. It is prohibited to make corrupt
use of educational activities for self-interest purposes.
Article 22.
Prohibited activities in educational institutions
1. Disrespect of dignity and honor,
committing physical assault towards teachers, staff, labour workers of
educational institutions and towards learners.
2. Distortion of educational contents.
3. Cheating in learning, testing,
examination, admission.
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5. Forcing students to take extra
classes for money.
6. Forcing contributions in cash or
in kind in the name of educational sponsorship or support.
Chapter II
THE NATIONAL EDUCATIONAL SYSTEM
Section 1.
EDUCATIONAL LEVELS AND TRAINING QUALIFICATIONS
Subsection 1.
PRESCHOOL EDUCATION
Article 23.
Position, roles and objectives of preschool education
1. Preschool education is the first
educational level in the national educational system that sets the foundation
for the comprehensive development of the Vietnamese and carries out the
nurturing, caring and educating of children from 03 months to 06 years of age.
2. The objectives of preschool
education are to help children develop physically, emotionally, intellectually
and aesthetically, in order to shape the initial elements of personality as
well as to prepare children for the first grade.
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1. The contents of preschool
education must be suited to the psycho-physiological development of children;
balanced between nurturing, caring and educating, with a view to helping
children to develop physically, emotionally, intellectually and aesthetically
and to know how to respect differences; suitable with different age groups and
transferable to primary education.
2. The methods of preschool
education are prescribed as follows:
a) Junior kindergartens must enable
children to proactively participate in activities and play, creating a bond
between adults and children; stimulate the development of the senses, emotions
and psycho-physiological functions;
b) Senior kindergartens must enable
children to play, experience, explore and discover the surrounding environment
in different ways, satisfying the needs and interests of children.
Article 25.
Programmes of preschool education
1. Programmes of preschool
education shall satisfy the following requirements:
a) Reflect the objectives of
preschool education;
b) Concretize the outcome
requirements of different age groups, educational activities, methods and modes
of organizing educational activities, educational environment and evaluation of
the development of children;
c) Be consistent throughout the
country and implemented flexibly, suitable with specific conditions of
localities and institutions of preschool education.
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3. The Minister of Education and
Training shall promulgate programmes of preschool education after receiving the
appraisals of the National review council for appraising curricula for
preschool education; stipulate standards, compiling and editing processes of
programmes of preschool education; stipulate standards and selection of toys
and learning materials used in institutions of preschool education; stipulate
the duties, powers, operating methods, standards, number and structure of
members of the National review council for appraising curricula for preschool
education.
Article 26.
Institutions of preschool education
Institutions of preschool education
include:
1. Junior kindergarten centers and
classes for children aged 03 – 36 months;
2. Senior kindergartens and
independent senior kindergarten classes for children aged 03 – 06 years;
3. Combined kindergartens and
independent preschool classes for children aged 03 months – 06 years.
Article 27.
Development policies of preschool education
1. The State shall elaborate
policies for investment in the development of preschool education; give
priority to the development of preschool education in mountainous areas,
islands, ethnic minority areas, areas with exceptional socio-economic
difficulties, areas with industrial zones.
2. The State shall issue incentive
policies for organisations and individuals to invest in the development of
preschool education in order to meet social demands.
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Subsection 2.
GENERAL EDUCATION
Article 28.
Educational levels and entry ages
1. Educational levels and age
groups of general education are regulated as follows:
a) Primary education lasts for 05
school years, from the first to the fifth grade. The entry age for the first
grade is 06;
b) Lower secondary education lasts
for 04 school years, from the sixth to the ninth grade. Students must complete
the primary educational programme before entering the sixth grade. The entry
age for the sixth grade is 11;
c) Upper secondary education lasts
for 03 school years, from the tenth to the twelfth grade. Students must
complete the lower secondary educational programme before entering the tenth
grade. The entry age for the tenth grade is 15;
2. Cases where schooling could be
commenced at younger ages or at higher ages prescribed in clause 1 of this
Article are as follows:
a) Commencing schooling at younger
ages for students with early intellectual development;
b) Commencing schooling at older
ages for students repeating classes, students living in areas with exceptional
socio-economic difficulties, students belonging to ethnic minorities, disabled
and handicapped students, students with physical or intellectual disadvantages,
orphan students, students of poor households, students returning from overseas
and other cases as prescribed by law.
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4. The Minister of Education and
Training shall stipulate the teaching and learning of the Vietnamese language
to children of ethnic minorities prior to the commencement of the first grade;
the teaching of the upper secondary education knowledge in institutions of
vocational education; and the cases as prescribed in clause 2 of this Article.
Article 29.
Objectives of general education
1. The objectives of general
education are to help learners develop comprehensively by acquiring morals,
knowledge, physical health, aesthetic values and other basic skills, develop
personal abilities, flexibility and creativeness, with a view to forming the
socialist Vietnamese personality and the civic duty, to preparing them for
further studies of higher education, vocational education or entering the
workforce, participating in the building and defending of the Fatherland.
2. Primary education aims to help
students form initial foundations for moral, intellectual, physical and
aesthetic development and capacity, preparing them for entering lower secondary
education.
3. Lower secondary education is
directed towards students' consolidation and development of the outcomes of
primary education, provision of general and basic knowledge along with
introductory understanding on techniques and career orientation to enter upper
secondary education or vocational education.
4. Upper secondary education is
directed towards the provision of civic knowledge; students' consolidation and
development of the outcomes of lower secondary education; completion of general
education and acquisition of common understanding on techniques and career
orientation; provision of opportunities for students to develop their personal
abilities in order to choose their development direction, to enter higher
education, vocational education or the workforce, contributing to the building
and defending of the Fatherland.
Article 30.
Requirements on contents and methods of general education
1. The contents of general
education must ensure the popular, basic, comprehensive, career-orienting, and
systematic characteristics; linking with the realities of life, appropriate to
the psycho-physiological characteristics of students, meeting the objectives of
education at each level.
2. Requirements on the contents of
general education at each level are regulated as follows:
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b) Lower secondary education shall
consolidate and develop the contents learned in primary education, guarantee
students the basic general knowledge in Vietnamese, mathematics, national
history, other knowledge in social sciences, natural sciences, law,
informatics, foreign languages; with introductory understanding on techniques
and career-orientation.
c) Upper secondary education shall
consolidate and develop the contents learned in lower secondary education,
complete the contents of general education. Besides guaranteeing the general,
basic, comprehensive and career-orienting knowledge for all students, there
shall be advanced teaching in some subjects to develop the students' abilities
and satisfy their needs.
3. The methods of general education
are to promote the activeness, consciousness, initiatives and creativeness of
students; to be appropriate to the characteristics of each subject, class and
student; to nurture the methods of self-study, the joy of learning, the ability
to work in team, the ability of independent thinking; to develop
comprehensively in dignity and ability; to enhance the application of
information technology and communications to education.
Article 31.
Programmes of general education
1. Programmes of general education
shall:
a) Reflect the objectives of
general education;
b) Concretize the requirements on
the outcomes of students’ quality and capacity after each educational level and
on the educational contents compulsory to all students throughout the country;
c) Concretize the requirements on
the methods and forms of organizing educational activities and on the
evaluation of educational outcomes for subjects of each class and educational
level of general education.
d) Be consistent throughout the
country and implemented flexibly, suitable with specific conditions of
localities and institutions of general education;
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2. The Minister of Education and
Training shall establish the National review council for appraising curricula
for general education to appraise curricula of general education. The council
shall be composed of teachers, education managers, experienced and prestigious
scientists in the field of education and representatives of relevant agencies,
organisations. At least one-third of the council members must be teachers who
are working in corresponding educational levels. The council and the council
members shall be responsible for the appraisal contents and
quality.
3. The Minister of Education and
Training shall be responsible for the quality of general education programmes;
promulgate programmes of general education after receiving the appraisals of
the National review council for appraising curricula for general education;
stipulate standards, compiling and editing processes of programme of general
education; regulate objectives, subjects, scale, pilot duration of some new
educational contents and methods in institutions of general education;
stipulate the duties, powers, operating methods, standards, number and
structure of members of the National review council for appraising curricula
for general education.
Article 32.
Textbooks of general education
1. Textbooks of general education
are regulated as follows:
a) Textbooks must implement
programmes of general education, concretizing the requirements on educational
objectives and contents, on students’ quality and capacity as defined in
programmes of general education; direct teaching methods and methods of
assessing and evaluating education quality; contents and formats of textbooks
shall not carry prejudices based on ethnicity, religion, profession, gender,
age and social status; textbooks may be in the printed, Braille or electronic
forms.
b) Each subject shall have one or
several textbooks; implement private sector involvement in textbook
compilation; textbook publication shall be in compliance with the law;
c) Provincial People’s Committees
shall decide selection of textbooks for consistent use in institutions of
general education in their localities as regulated by the Minister of Education
and Training.
d) Local educational materials
shall be designed by provincial People’s Committees to meet the needs and
characteristics of their localities, be appraised by provincial review councils
for appraising and approved by the Minister of Education and Training.
2. The Minister of Education and
Training shall establish the National review council of each subject and each
educational activity for appraising textbooks. The council shall be composed of
teachers, education managers, experienced and prestigious scientists in the
field of education and representatives of relevant agencies and organisations.
At least one-third of the council members must be teachers who are working in
corresponding educational levels. The council and the council members shall be
responsible for the appraisal contents and quality.
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4. Chairwomen/chairmen of
provincial People’s Committees shall decide establishment of provincial review
councils for appraising local educational materials.
Article 33.
Institutions of general education
Institutions of general education
include:
1. Primary schools;
2. Lower secondary schools;
3. Upper secondary schools;
4. Multi-level schools;
Article 34. Certification
for completion of primary education and issuance of lower secondary diploma and
upper secondary diploma
1. Students who complete the
primary education programme and meet the requirements set by the Minister of
Education and Training will be certified in their official academic records by
a primary school principal that they have completed primary education.
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3. Students who complete the upper
secondary education programme and meet the requirements set by the Minister of
Education and Training will be eligible to take the examination. Those who pass
the examination are issued with diplomas of upper secondary education by the
head of an educational specialized agency under the management of a provincial
People’s Committee.
Students who complete upper
secondary education and meet the requirements set by the Minister of Education
and Training will be eligible to take the examination. Those who do not take
the examination or fail the examination are issued with certificates by the
school principal that they have completed general education.
Certificate for completion of
general education is used to register for the examination for the upper
secondary diploma per learners' wish or per the requirements to continue
studying in vocational education and is used in specific cases as prescribed by
law.
4. Students with lower secondary
diplomas and studying a vocational secondary programme in institutions of
vocational education, after completing the programme, are eligible to take the
examination certifying the upper secondary education knowledge as prescribed by
the Minister of Education and Training. Those who pass the examination are
issued with certificates by the head of an educational institution teaching upper
secondary cultural knowledge that they have achieved sufficient upper secondary
education knowledge.
Certificate for achieving
sufficient upper secondary education knowledge is used to continue studying a
higher qualification of vocational education and is used in specific cases as
prescribed by law.
Subsection 3.
VOCATIONAL EDUCATION
Article 35.
Training qualifications of vocational education
Vocational education trains at
elementary-level, intermediate-level or college-level and provides other
vocational training programmes for learners; meeting the demands for workers
directly participating in production, trade and services.
Article 36.
Objectives of vocational education
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Article 37.
Organisation and operation of vocational education
Organisation and operation of
vocational education are implemented as prescribed in this Law and the Law on
Vocational education.
Subsection 4.
HIGHER EDUCATION
Article 38.
Training qualifications of higher education
Higher education includes bachelor
education, master education, and doctoral education.
Article 39.
Objectives of higher education
1. Training a workforce of high
qualifications, improving the people’s knowledge, fostering talents; conducting
scientific and technological research to invent new knowledge and products,
meeting the requirements of socio-economic development, ensuring national
defense and security and international integration.
2. Educating learners towards
comprehensive development in terms of morals, intellectuality, physical health
and aesthetic sense; possessing professional knowledge, skills and
responsibility; ability to follow up on scientific and technological advances
relevant to their training qualifications, ability of self-study, creativity,
adaptability to the workplace; spirit of entrepreneurship, of service to the
People.
Article 40.
Organisation and operation of higher education
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Section 2.
CONTINUING EDUCATION
Article 41.
Objectives of continuing education
Continuing education enables people
to learn while in-service, to learn continuously and for lifelong for
development of their capacity, refinement of their personality, broadening
their understanding, and for educational, professional and operational
enhancement with a view to improving their employability, self-employability,
and adaptation to the social life; contributing to the building of a learning
society.
Article 42.
Objectives of continuing education
1. Illiteracy eradication for
citizens of suitable age as prescribed by law.
2. Training, upgrading and
enhancing professional capacity; updating and supplying knowledge and skills
necessary to people’s life; enabling those with the needs for education to
improve their educational qualifications.
Article 43.
Programmes, forms, contents and methods of continuing education
1. Programmes of continuing
education include:
a) Illiteracy eradication;
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c) Programmes for training,
upgrading and enhancing professional qualifications;
d) Educational programmes leading
to degrees/diplomas of the national educational system.
2. Forms of conducting continuing
educational programmes are as follows:
a) In-service learning;
b) Distance learning;
c) Guided self-learning;
d) Other learning forms per
learner’s needs.
3. Educational contents of the
programmes defined in point a, b, and c of clause 1 of this Article must
guarantee the usefulness and help learners improve their working productivity
and quality of life.
Educational contents of the
programmes defined in point d clause 1 of this Article must lead to the
completion of a qualification in the structural framework of the national
educational system or the Vietnamese Qualifications Framework, must guarantee
the requirements on contents of the educational programme of the same
educational level/training qualification defined in Article 31 of this Law, the
Law on Vocational education and Law on Higher education.
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5. Within the scope of their duties
and authorities, the Minister of Education and Training and Minister of Labour
- War Invalids and Social Affairs shall provide for educational programmes,
textbooks, syllabi, materials of continuing education.
Article 44.
Institutions of continuing education
1. Programmes of continuing
education are conducted at institutions of continuing education, general
education, vocational education or higher education, cultural institutions, at
the workplace, residential communities, through mass media or other means.
2. Institutions of continuing
education are as follows:
a) Institutions of continuing
education
b) Institutions of vocational
education – continuing education;
c) Community learning centers;
d) Other centers that conduct
continuing education.
3. The implementation of continuing
educational programmes of continuing education institutions are prescribed as
follows:
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b) Community learning centers shall
implement educational programmes defined in point a and point b of clause 1 of
Article 43 of this Law;
b) Other centers shall implement
educational programmes defined in point b and point c of clause 1 of Article 43
of this Law.
4. General education institutions,
vocational education institutions, higher education institutions implementing
continuing educational programmes shall guarantee their educational and
training duties, only implement educational programmes defined in point d
clause 1 of Article 43 of this Law when authorised by competent education
authority.
5. Cooperation in offering
in-service courses with higher education institutions shall be implemented in
accordance with the Law on Higher education.
Article 45.
Assessment and recognition of students’ performance
1. Learners who complete the
illiteracy eradication programme and meet the requirements set by the Minister
of Education and Training, will be certified to have completed the illiteracy
eradication programme.
2. Learners who complete lower
secondary educational programmes defined in point d clause 1 Article 43 of this
Law and meet the requirements set by the Minister of Education and Training,
will be issued with diplomas of lower secondary education by the head of an
educational specialized agency under the management of a provincial People’s
Committee.
3. Learners who complete upper
secondary educational programmes defined in point d clause 1 Article 43 of this
Law and meet the requirements set by the Minister of Education and Training,
will be eligible to take the examination. Those who pass the examination are
issued with diplomas of upper secondary education by the head of an educational
specialized agency under the management of a provincial People’s Committee.
Those who do not take the examination or fail the examination are issued with
certificates by the head of an institution of continuing education that they
have completed general education.
4. Learners who complete training
programmes and meet the graduation standards of a training qualification as
prescribed in the Vietnamese Qualifications Framework, are issued with diplomas
corresponding with their training qualifications.
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Article 46.
Policies on development of continuing education
1. The State shall issue policies
for investment in the development of continuing education, providing education
to all the people, promoting the learning of adults, building a learning
society; for encouraging organisations and individuals to participate and/or
provide continuing educational services of quality, meeting learners’ need for
lifelong learning.
2. Authorities and organisations
shall facilitate the frequent learning and lifelong learning of officials,
public employees and labour workers with a view to developing their abilities
and improving quality of life.
3. Institutions of vocational
education and of higher education shall be responsible for cooperating with
continuing education institutions in providing learning material sources to
continuing education institutions following learners’ learning need; teachers’
training institutions shall be responsible for conducting research on
educational science, training and upgrading teachers of continuing education
institutions.
Chapter III
SCHOOLS, SPECIAL SCHOOLS AND OTHER EDUCATIONAL
INSTITUTIONS
Section 1.
ORGANISATION, OPERATION, TASKS AND POWERS OF SCHOOLS
Article 47.
Types of schools in the national educational system
1. Schools in the national
educational system are organized in the following types:
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b) People-founded schools whose
infrastructure is invested and operating conditions are guaranteed by local
residential communities such as organisations and individuals in hamlets,
villages, wards, districts, towns.
The people-founded type is only
applicable to institutions of preschool education;
c) Private schools whose investment
is made and operating conditions are guaranteed by domestic investors or foreign
investors.
Not-for-profit private schools are
schools whose investors guarantee and uphold commitments to operate not for the
sake of profit, stated in the establishment decision or decision of converting
school types; with non-profit operation, no capital withdrawal, no income
earning; annual accumulated earnings belong to the undivided and joint
possession so as to continue developing the schools.
2. The conversion of school types
in the national educational system are conducted as follows:
a) Only convert from private school
to not-for-profit private school;
b) Implement provisions prescribed
in charters and in organisational and operational regulations of school type at
each educational level/training qualification;
c) Ensure rights of teachers, lecturers,
education managers, labour workers and learners;
d) Do not cause losses of land,
fund or assets.
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Article 48.
Schools of the State agencies, of political organisations, of socio-political
organisations and of the people's armed forces
1. Schools of the State agencies,
of political organisations and of socio-political organisations shall perform
the duties of educating and training officials and public employees. Schools of
the people's armed forces shall perform the duties of educating and training
officers, non-commissioned officers, professional staff and defense workers;
fostering leaders and education managers on duties and knowledge of national
defense and security.
Schools of the State agencies, of
political organisations, of socio-political organisations and of the people's
armed forces are educational institutions of the national educational system,
organized and operating following provisions of the Law on Vocational
education, Law on Higher education and school charters at each educational
level/training qualification. When meeting the requirements of socio-economic
development and authorised by a competent authority to operate in education and
to implement educational programmes, these schools are authorised to issue
degrees/diplomas and certificates of the national educational system.
2. The Government shall provide for
this Article.
Article 49.
Conditions for school establishment and conditions for educational operation
1. A school is established when its
establishment scheme is suitable with the planning of socio-economic
development and of the educational institution network as prescribed in the Law
on Planning.
The school establishment scheme
shall specify the objectives, duties, programmes and contents of education; the
land, infrastructure, equipment, provisional location for school construction,
organisational structure, resources and finance; the strategic direction for
building and developing the school.
2. The school may operate in
education when it:
a) Has land, infrastructure and
equipment meeting the requirements on educational operation; location for
school construction shall ensure a safe educational environment for learners,
teachers and labour workers;
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c) Is financially sufficient, as
prescribed by law, to ensure maintenance and development of educational
operation; and
d) Has organisational and
operational regulations of the school.
3. Within a regulated period of
time, if the school guarantees all conditions prescribed in clause 2 of this
Article, it shall be granted permission to operate in education by a competent
authority; when the period is over, if the school fails to secure conditions
prescribed in clause 2 of this Article, the establishment decision or
establishment permission shall be revoked.
Article 50.
Suspension from educational operation
1. A school shall be suspended from
educational operation:
a) Fraud in committed to obtain the
permission for educational operation;
b) One of the conditions prescribed
in clause 2 Article 49 of this Law is not satisfied;
c) Permission for educational
operation is not granted by a competent person;
d) There is no educational
operation within a regulated period of time starting from the date the
permission for educational operation is granted;
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e) Other cases as prescribed by
law.
2. Decision to suspend educational
operation of a school must specify the reasons for suspension, duration of
suspension, measures to ensure rights and benefits of teachers, education
managers, learners and labour workers in the school, and must be publicly
announced via mass media.
3. Within the suspension period, if
the reason for suspension is amended, the person having the power to issue the
suspension decision may permit the school to resume its educational operation.
Article 51.
Merger, division and dissolution of schools
1. Merging, full division, partial
division and dissolution of schools shall satisfy the following requirements:
a) Suitable with the planning of
socio-economic development and of the educational institution network as
prescribed in the Law on Planning;
b) Meeting the requirements of
socio-economic development;
c) Ensuring rights and benefits of
teachers and learners;
d) Contributing to the improvement
of quality and efficiency of education.
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a) It seriously violates
regulations regarding management, organisation or operation of the school;
b) It fails to rectify the
violation that leads to its suspension by the deadline;
c) Its operating objectives and
contents in the establishment decision or establishment permission are no
longer suitable with the requirements of socio-economic development;
d) It fails to ensure quality of
education;
dd) The dissolution is requested by
the founding organisations and/or individuals.
3. The decision on merger, division
and dissolution of schools must specify the reasons and measures to ensure
rights and benefits of teachers, education managers, learners and labour
workers in the school, and must be publicly announced via mass media.
Article 52.
Authority and procedure of establishment or establishment permission;
permission of educational operation, suspension of educational operation;
merger, division and dissolution of schools
1. The following persons have the
power to establish public schools or to grant permission to establish
people-founded and private schools:
a) Chairwomen/chairmen of
district-level People's Committees have the power to decide establishment of
junior kindergartens, senior kindergartens, primary schools, lower secondary
schools, multi-level schools whose highest level is lower secondary, and day
schools for ethnic children, except for the cases prescribed in point d of this
clause;
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c) Ministers, Heads of
ministry-level agencies have the power to decide establishment of vocational
secondary schools under their direct management;
d) The Minister of Education and
Training has the power to decide establishment of pre-university schools,
pedagogical colleges and schools under ministerial management; junior
kindergartens, senior kindergartens, primary schools, lower secondary schools,
upper secondary schools as proposed by foreign diplomatic representative
agencies and/or intergovernmental international organisations;
dd) The Minister of Labour - War
Invalids and Social Affairs has the power to decide establishment of colleges,
except for pedagogical colleges;
e) The Prime Minister has the power
to decide establishment of institutions of higher education.
2. The Minister of Education and
Training has the power to grant permission of educational operation to
institutions of higher education. Authority in granting permission of
educational operation to schools at other educational level/training
qualification shall comply with the Government's regulations.
3. The persons having the power to
establish school or grant permission for school establishment also have the
power to revoke establishment decision or establishment permission, decide
merger, division and dissolution of schools. The persons having the power to
grant permission of educational operation also have the power to decide
suspension of educational operation
In case of merger of schools that
are not established by authorities of the same level, the superior authority
shall make decisions; in case the establishing authorities are of the same
level, they shall reach a consensus on decisions.
4. The Government shall provide for
conditions and procedure of establishment or establishment permission;
permission of educational operation, suspension of educational operation;
merging, full division, partial division and dissolution of schools as
prescribed in article 49, 50, 51 and 52 of this Law.
Article 53.
Charters and regulations on establishment and operation of educational
institutions
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a) Duties and rights of the school;
b) Organisation of educational
operation in the school;
c) Duties and rights of teachers;
d) Duties and rights of learners;
dd) Organisation and management of
the school;
e) Finance and assets of the
school;
g) Relationship between the school,
families and society.
2. Organisational and operational
regulations of educational institutions shall concretize the contents of school
charters for application to each type of educational institutions.
3. Within the scope of their duties
and authorities, the Minister of Education and Training and Minister of Labour
- War Invalids and Social Affairs shall promulgate school charters,
organisational and operational regulations of educational institutions.
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1. Investors in the field of
education consist of:
a) Domestic investors, including
Vietnamese citizens, organisations established in accordance with Vietnamese
law;
b) Foreign investors, including
citizens of foreign countries, organisations established in accordance with
foreign law.
2. Rights and responsibilities of
investors are prescribed as follows:
a) Approve development plans of the
school as prescribed by law and proposed by school council;
b) Decide total capital
contributions of investors, school investment projects, mobilization of capital
(if any); plans on use of annual discrepancies between incomes and expenditures
or on handling losses of the school; approve annual financial reports;
c) Vote or appoint, dismiss and
remove members of school council;
d) Organize the supervision and
evaluation of school council’s operation;
dd) Decide promulgation and
amendment of financial regulations; approve matters related to finance and
assets in the organisational and operational regulations of the school;
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g) Consider, handle violations by
school council that result in losses as prescribed by law and by organisational
and operational regulations of the school;
h) Decide reorganization,
dissolution of the school as prescribed by law;
i) Publish a list of organisations
and individuals that make contributions of capital on the online website of the
school;
k) Founding investors of
not-for-profit private schools are honoured for their capital contributions to
the establishment, construction and development of the school.
3. Founding investors of private
educational institutions may choose one of the following options:
a) Invest in the establishment of a
financial organisation in accordance with the Law on Investment and Law on
Enterprises in order for this financial organisation to establish a private
educational institution as prescribed in this Law;
b) Invest directly in the
establishment of a private educational institution as prescribed in this Law.
Article 55.
School council
1. School council of public schools
is a school management organisation, exercising the right of ownership
representation of the school and of parties with relevant benefits, and is
prescribed as follows:
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School council of junior
kindergartens, senior kindergartens, institutions of general education shall be
composed of the committee-level secretary, school principal,
chairwoman/chairman of the labour union, secretary of the Ho Chi Minh Communist
Youth Union, representatives of specialized teams, representatives of the
office team, representatives of the local government, representative committee
of students’ parents and representatives of students for lower secondary
schools and/or upper secondary school;
b) School council of vocational
education institutions shall be implemented as prescribed in the Law on
Vocational education;
c) School council of higher education
institutions shall be implemented as prescribed in the Law on Higher education.
2. School council of junior
kindergartens, senior kindergartens, people-founded young sprout schools is the
body exercising the right of ownership representation as recommended by the
residential community of establishment; responsible for making decisions on the
directions of school operation, planning, development plans, organisation,
personnel, financing, assets, ensuring the realisation of educational
objectives and compliance with the law.
School council shall be composed of
representatives of residential communities, representatives of communal
governments and contributors of the capital used for construction and operation
of the school.
3. School council of private
schools is a school management organisation, exercising the right of
representation for investors and parties with relevant benefits, responsible
for the implementation of investors’ decisions.
For private schools invested by domestic
investors and/or foreign investors, school council shall be composed of
representatives of investors, school members and non-members voted and decided
in investor meetings based on percentage of capital contribution.
For not-for-profit private schools
invested by domestic investors, school council shall be composed of
representatives of investors voted and decided in investor meetings based on
percentage of capital contribution; school members and non-members. School
members shall include standard members and voted members. Standard members are
the committee-level secretary, chairwoman/chairman of the labour union,
representatives of the executive board of the Ho Chi Minh Communist Youth Union
currently learning at school (if any), the school principal. Voted members are
representatives of teachers and labour workers voted in plenary meetings or
delegate meetings of the school. Non-members are management representatives of
managers, educators, entrepreneurs and alumni voted in plenary meetings or delegate
meetings of the school.
4. Establishment procedure,
organisational structure, duties and powers of school council towards junior
kindergartens, senior kindergartens, institutions of general education shall be
regulated in charters and organisational and operational regulations of the
school. Transfer of power from management council to school council of junior
kindergartens, senior kindergartens, institutions of general educations shall
be implemented as prescribed by the Minister of Education and Training.
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1. School principal is responsible
for managing the school's operations and is appointed or recognised by a
competent authority.
2. School principal of the national
educational system must be trained and upgraded in school management and meet
standards of school principal.
3. The Minister of Education and
Training shall give specific provision on standards, duties and powers of
school principal; on appointment procedure of principals of institutions of
preschool education and general education.
4. Standards, duties and powers of
school principal; appointment procedure of principals of vocational education
and higher education institutions shall be implemented as prescribed in the Law
on Vocational education, Law on Higher education and other relevant provisions.
Article 57.
Advisory board in school
1. Advisory board in school is set
up by school principal in order to assist school principal in realizing tasks
under the duties and powers of the school principal.
2. Organisation and operation of
the advisory board shall be stipulated in the school charter.
Article 58.
Organisations of the Communist Party in school
Organisations of the Communist
Party of Vietnam within the school shall lead the school and operate according
to the Constitution and law.
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Internal organisations in school
are responsible for contributing to the realisation of educational objectives
and shall operate according to the law.
Article 60.
Duties and powers of schools
1. Schools have the following
duties and powers:
a) Publicly announce objectives,
programmes, educational plans, conditions of education quality assurance,
evaluation and accreditation results of education quality; systems of
degrees/diplomas and certificates of schools;
b) Conduct admission, education,
training, scientific research, transfer results of training and scientific
research as appropriate of functions, duties and powers; to ratify or issue
degrees/diplomas and certificates within authority;
c) Propose demands and participate
in recruitment of teachers and labour workers in public schools; to manage and
employ teachers and labour workers; to manage learners;
d) Mobilize, manage and utilize
resources according to the law; to build up infrastructure in conformity with
the requirements of standardisation and modernisation;
dd) To coordinate with learners'
families, organisations and individuals in educational activities; to arrange
for teachers, labour workers and learners to participate in social activities
and community service.
2. The performance of duties,
organisational structure, personnel and finance of public schools are regulated
as follows:
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b) Institutions of vocational
education and higher education shall implement democratic rights and be held
accountable in accordance with the Law on Vocational education, Law on Higher
education and other relevant regulations.
3. People-founded schools and
private schools shall exercise democracy and be responsible for their own
development plans, organisation of educational activities, formation and
improvement of teacher resources, mobilization, use and management of resources
for the realisation of educational objectives.
Section 2.
SPECIAL SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS
Article 61.
Boarding general education schools and day schools for ethnic minorities,
pre-university schools
1. The State shall establish
boarding general education schools, day schools and pre-university schools for
ethnic minority children, and for children of long-term resident families in
areas with exceptional socio-economic difficulties.
2. Boarding general education
schools and day schools for ethnic minorities and pre-university schools shall
be given priority in allocation of teachers, infrastructure, equipment and
budget.
3. The Minister of Education and
Training shall provide for conditions for students to study in boarding general
education schools and day schools for ethnic minorities and pre-university
schools.
Article 62.
Specialized schools, schools for gifted students
1. Specialized schools shall be
established at upper secondary level for students with excellent study
achievements to develop their talents in certain subjects while assuring
comprehensive general education, creating a foundation for the fostering of
talents, meeting the developing requirements of the country.
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2. The State shall give priority in
allocating teachers, infrastructure, equipment and budget to specialized
schools and schools for gifted students established by the State; give
incentives to schools for gifted students established by
individuals/organisations.
3. Within the scope of their duties
and authorities, the Minister of Education and Training and Minister of Labour
- War Invalids and Social Affairs shall promulgate advanced educational
programmes, organisational and operational regulations for specialized schools
and schools for gifted students.
Article 63.
Schools and classes for disabled persons
1. The State shall establish and
encourage organisations, individuals to establish schools and classes for
disabled persons to enable them to restore their functions, to receive
education and vocational training and to integrate into the communities.
2. The State shall give priority in
allocating teachers, infrastructure, equipment and budget to schools, classes
for disabled persons established by the State; give incentives to schools,
classes for disabled persons established by individuals, organisations.
Article 64.
Reformatory schools
1. Reformatory schools are
responsible for educating juvenile offenders to enable them to rectify, develop
and become good citizens, capable of re-integrating into society.
2. The Minister of Public Security
shall be responsible for cooperating with the Minister of Education and
Training and Minister of Labour, War Invalids and Social Affairs in stipulating
educational programmes for reformatory schools.
Article 65.
Other educational institutions
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a) Day care centers, independent
senior kindergarten classes, independent junior kindergarten classes,
illiteracy eradication classes, foreign language classes, informatics classes,
classes for children with difficult circumstances and unable to attend school,
classes for disabled children;
b) Institutions of continuing
education, vocational – continuing education, vocational education, community
learning centers, inclusive education support and development centers, other
centers conducting duties of continuing education;
c) Academies and institutes
established by the Prime Minister in accordance with the Law on Science and
Technology and authorised in doctoral education.
2. Heads of other educational
institutions prescribed in clause 1 of this Article shall be responsible for
the quality of education, management and operation of educational institutions
as prescribed by law.
3. The Government shall provide for
conditions and power of establishment, establishment permission, merging, full
division, partial division, dissolution, operation suspension of educational
institutions prescribed in point a and point b of clause 1 of this Article,
except institutions of vocational education. Within the scope of their duties
and authorities, the Minister of Education and Training and Minister of Labour
- War Invalids and Social Affairs shall stipulate organisational and
operational regulations of educational institutions prescribed in point a and
point b of clause 1 of this Article.
Chapter IV
TEACHERS
Section 1.
POSITION, ROLES AND STANDARDS OF TEACHERS
Article 66.
Position, roles of teachers
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Teachers working at institutions of
preschool education, general education and other educational institutions or
teaching elementary-level, intermediate-level are called teachers; teachers of
colleges and higher qualifications are called lecturers.
2. Teachers play the decisive role
in ensuring education quality, hold an important position in society and are
honoured by society.
Article 67.
Standards of teachers
Teachers must:
1. Have good morals, ideological
and mental qualifications;
2. Meet professional standards of
teaching position;
3. Have skills of updating and
upgrading professional capacity and knowledge; and
4. Maintain good health as required
by the profession.
Article 68.
Professors and associate professors
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2. The Prime Minister shall
determine criteria and procedure for appointing and dismissing the titles of
professor and associate professor.
Section 2.
DUTIES AND RIGHTS OF TEACHERS
Article 69.
Duties of teachers
1. Educate and teach according to
educational objectives and principles, implementing educational programmes with
sufficiency and quality;
2. Be exemplary in the fulfilment
of civic duties, school charters and code of conduct of teachers.
3. Maintain moral quality, prestige
and honor of teachers; respecting learners' dignity, treating learners equally;
and protecting legitimate rights and interests of learners.
4. Study and practice continuously
to improve moral quality, political qualification, professional qualification
and knowledge, reforming teaching methods, and being good examples for learners.
Article 70.
Rights of teachers
Teachers have the right to:
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2. Receive further education and
training to improve political qualification, professional qualification and
knowledge.
3. Work under contract as visiting
teacher and/or researcher in other educational or research institutions.
4. Be protected with regards to
their honor, dignity and physical wellbeing;
5. Have summer vacation as
stipulated by the Government and other holidays as prescribed by law.
Article 71.
Visiting teaching
1. Visiting teaching is the act
where educational institutions invite persons meeting criteria stipulated in
Article 67 of this Law to conduct teaching. Persons invited to conduct teaching
by educational institutions are called visiting teachers or visiting lecturers.
2. Visiting teachers and lecturers
must perform duties as defined in Article 69 of this Law. If being officials or
public employees, visiting teachers and lecturers must first assure the
fulfilment of tasks at their organisations.
3. Encourage inviting domestic
teachers and scientists, scientists who are overseas Vietnamese and foreigners
to teach at educational institutions as visiting teachers or lecturers.
Section 3.
TRAINING FOR TEACHERS
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1. Standardized educational
qualifications of teachers are regulated as follows:
a) Teachers of preschool education
teachers must possess at least a pedagogical college diploma;
b) Teachers of primary education,
lower secondary education and upper secondary education must possess at least a
bachelor’s degree in pedagogy training.
In case a subject is yet to acquire
enough teachers with bachelor’s degree in pedagogy training, teachers of this
subject must possess a bachelor's degree of suitable specialization and a
certificate of pedagogy training;
c) Lecturers of higher education
must possess a master’s degree; lecturers teaching or instructing master or
doctor’s theses must possess a doctoral degree.
b) Standardized educational
qualifications of teachers working in institutions of vocational education
shall follow regulations in the Law on Vocational education.
2. The Government shall specify
road maps for improving standardized educational qualifications of teachers of
preschool education, primary education and lower secondary education as
prescribed in point a and point b of clause 1 of this Article. Within the scope
of their duties and authorities, the Minister of Education and Training and
Minister of Labour - War Invalids and Social Affairs shall stipulate employment
of teachers not meeting criteria prescribed in clause 1 of this Article.
Article 73.
Education and training for teachers
1. The State shall elaborate policies
for educating and upgrading teachers in terms of political qualification,
professional qualification and knowledge; Teachers nominated to attend
educating and upgrading training shall receive salary and subsidies as
regulated by the Government.
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Article 74.
Educational institutions providing training for teachers and education managers
1. Educational institutions
performing the duty of educating and training teachers include pedagogical
schools, educational institutions with faculty of pedagogy, educational
institutions authorised to educate and train teachers.
2. Educational institutions performing
the duty of educating and training education managers include pedagogical
schools, institutions of higher education with faculty of educational
management, educational institutions authorised to educate and train education
managers.
3. Pedagogical schools established
by the State to educate and train teachers and education managers shall be
given priority in teacher recruitment, allocation of education managers,
investment in infrastructure and dormitories, as well as availability of
funding. Pedagogical schools have schools or establishments for
trainee-teachers' practice.
4. Within the scope of their duties
and authorities, the Minister of Education and Training and Minister of Labour
- War Invalids and Social Affairs shall stipulate the performing of the duty of
educating and training teachers and education managers, and stipulate
educational institutions authorised in educating and training teachers and
education managers.
Section 4.
POLICIES FOR TEACHERS
Article 75.
Vietnamese Teacher’s Day
The 20th of November is
Vietnamese Teacher’s Day.
Article 76.
Salary
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Article 77.
Policies for teachers
1. The State shall elaborate
policies of recruitment, employment, benefits, guaranteeing material and mental
needs of teachers so as to enable them to fulfill their roles and duties.
2. Teachers working at specialized
schools, schools for gifted students, boarding general education schools or day
schools for ethnic minorities, pre-university schools, schools or classes for
disabled and handicapped persons, reformatory schools or other special schools,
teachers of inclusive education shall receive allowances and other preferential
policies.
3. The State shall issue incentive
and preferential policies on allowances and other policies for teachers working
in areas with exceptional socio-economic difficulties.
4. The Government shall provide for
this Article.
Article 78.
Awarding of titles of "Nhà giáo nhân dân" and "Nhà giáo ưu
tú" for outstanding teachers
Teachers, education managers and
educational researchers who meet the criteria set by the law shall be awarded
the title of "Nhà giáo nhân dân" or "Nhà giáo ưu tú" by the
State.
Article 79. Awarding
of titles of “Tiến sĩ danh dự” (honorary doctor) and “Giáo sư danh dự”
(honorary professor)
1. Political/social activists of
international prestige, teachers and scientists who are overseas residing Vietnamese
and foreign nationals with major contributions to the cause of education and
science in Vietnam shall be awarded the title of “Tiến sĩ danh dự” (honorary
doctor) by institutions of higher education.
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3. The Government shall provide for
this Article.
Chapter V
LEARNERS
Section 1.
DUTIES AND RIGHTS OF LEARNERS
Article 80.
Learners
Learners are persons currently
learning at educational institutions of the national educational system.
Learners include:
1. Children at preschool education
institutions;
2. Students at general education
institutions, vocational training classes, vocational - continuing education
centers, vocational education centers, vocational secondary schools and
pre-university schools;
3. Students at colleges and
universities;
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5. Doctoral candidates at
institutions providing doctoral education;
6. Learners of continuing educational
programmes.
Article 81.
Rights of and policies for children at institutions of preschool education
1. Children at preschool education
institutions have the right to:
a) Receive care, nurture and
education according to programmes of preschool education promulgated by the
Minister of Education and Training; to receive health care and protection as
prescribed in the Children Law and other relevant regulations; and
b) Receive discounts on public
entertainment services.
2. The Government shall issue policies
for children at institutions of preschool education.
Article 82.
Duties of learners
1. Perform learning and training
tasks according to educational programmes and plans, code of conduct of
educational institutions.
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3. Participate in labour and social
activities, environmental protection activities appropriate to their age group,
health and ability.
4. Preserve and protect properties
of educational institutions.
5. Contribute to the building,
protection and development of the traditions of educational institutions.
Article 83.
Rights of learners
Learners have the right to:
1. Receive education and training
so as to develop comprehensively and realize their potentials to the fullest.
2. Receive respect; equal
opportunities in education and learning; to have their talents, gifts,
creations and inventions developed; to receive full information concerning
their own learning and training.
3. Have the possibility of leaping
grades, shortening programme duration, learning at an age higher than regulated,
extending programme duration or repeating class, be enabled to learn
educational programmes as prescribed by law.
4. Learn in a safe and healthy
educational environment.
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6. Participate in collective
activities in educational institutions in accordance with the law.
7. Use infrastructure, libraries,
equipment and facilities assigned to learning, cultural, sporting, athletic
activities at educational institutions.
8. Submit, directly or through
their legal representatives, to educational institutions measures for the
improvement of educational institutions, to protect learners' rights and
interests.
9. Benefit from preferential State
policies in recruitment into State agencies upon graduation with excellent
records and good conduct.
10. Elect representatives for
school council as prescribed by law.
Section 2.
POLICIES FOR LEARNERS
Article 84.
Educational credits
The State shall issue preferential
credit policies concerning interest rates, credit's conditions and duration to
enable learners to study. Encourage private sector involvement in educational
credits.
Article 85.
Scholarships, social subsidies, tuition exemption/reduction, subsidies
on tuition and living costs
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2. The State shall elaborate
policies on subsidies and exemption/reduction of tuition for learners from
social policy targeted groups, ethnic minorities in areas with exceptional
socio-economic difficulties, homeless orphans, disabled and handicapped
persons, persons of poor and near-poor households.
3. The State shall encourage organisations
and individuals to grant scholarships or subsidies to learners as prescribed by
law.
4. Students at pedagogical
institutions will receive subsidies on tuition and living costs throughout the
entirety of the course. 02 years after graduation, if persons that receive the
subsidies do not work in the field of education or fail to work in education
for a sufficient duration, they will have to reimburse the State for the
subsidies. The maximum time limit for reimbursement is equal to the training duration.
Students at pedagogical
institutions are entitled to academic incentive scholarships, social subsidies,
tuition exemption/reduction as prescribed in clause 1 and clause 2 of this
Article.
5. The Government shall provide for
this Article.
Article 86. Exemption,
reduction of public service fees for students, students
Students and students are entitled
to fee exemption or reduction when using public services in transportation,
entertainment, and visits to museums, historical relics and cultural attractions
as stipulated by the Government.
Article 87.
Admission by form of nomination
1. The State shall grant admission
into vocational secondary schools, colleges and universities by means of
nomination for students from ethnic minorities with sparse population; students
from ethnic minorities living in areas with exceptional socio-economic
difficulties and have no or few officials/public employees who are of ethnic
minorities; issue policies on formation of nominated admission source, enabling
the regulated entities to enter boarding general education schools for ethnic
minorities and increasing pre-university learning time.
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Educational institutions shall be
responsible for assisting learners admitted by form of nomination so as to
ensure outcome quality.
3. Students of this nomination mode
shall be responsible for returning to work for the locality sending them to
study; be recruited and assigned jobs.
4. The Government shall regulate
criteria and beneficiaries of the nomination mode; organize the implementation
of the nomination mode and employment of learners of nomination mode after
graduation.
Article 88.
Awards for learners
Learners with excellent
achievements in learning and training shall be awarded by educational
institutions or education authorities; in case of exceptional achievements, the
awards shall be issued as regulated by law.
Chapter VI
RESPONSIBILITIES OF SCHOOLS, FAMILIES AND SOCIETY IN
EDUCATION
Article 89.
Responsibilities of schools
1. Schools shall be responsible for
implementing plans of universalization of education and codes of conduct;
actively liaising with families and society to organize or participate in
educational activities in compliance with school plans, ensuring the safety of
teachers and learners; informing study and training results of students to
their parents or guardians.
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Article 90.
Responsibilities of families
1. Parents or guardians shall be
responsible for nurturing, educating, and caring, enabling their children or
persons under their guardianship to learn, receive universalized education,
complete compulsory education, train and participate in school activities; for
respecting teachers, preventing disrespect of dignity and honor, and physical
assault towards teachers.
2. All family members shall be
responsible for creating a cultural family and a favourable environment for
comprehensively moral, intellectual, physical and aesthetic development of
their children; adults are responsible for educating, setting examples for
their children, and working with schools to improve quality and efficiency of
education.
Article 91.
Responsibilities of parents or guardians of students
1. Receive information on study and
training results of their children or persons under their guardianship.
2. Take part in educational
activities according to school plans; participate in activities of the
representative committee of students’ parents at school.
3. Cooperate with schools and/or
education authorities to respond to issues related to the education of their
children or persons under their guardianship by law.
Article 92.
Representative committee of pre-school students' parents
1. Representative committee for the
students' parents is established every school year at general and preschool
education levels, nominated by parents or guardians in each class or school to
liaise with schools in caring, nurturing and educating students, and operating
as regulated by the Minister of Education and Training.
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Article 93.
Responsibilities of society
1. Agencies, organisations and
individuals shall have the following responsibilities:
a) Assisting and cooperating with
schools in organizing educational and research activities; facilitating
teachers and learners in visits, experiences, practice and scientific research;
b) Contributing to the creation of
a safe and healthy educational environment, while preventing activities with
possible negative effects on learners;
c) Enabling citizens of suitable
age to fulfill learning obligations so as to contribute to the universalization
of education, completing compulsory education, with a view to guaranteeing
learners healthy recreational, cultural, sporting and athletic activities;
d) Contributing resources for the
cause of educational development according to their capacities.
2. The Vietnam Fatherland Front
Committee and its member organisations shall be responsible for mobilizing the
population to take care of the cause of education.
3. The Ho Chi Minh Communist Youth
Union and the Ho Chi Minh Young Pioneer Organisation shall be responsible for
cooperating with schools in educating the youth and children; mobilizing the
youth and children to set examples in learning, training and participating in
the development of the cause of education.
Article 94.
Learning promotion funds and educational sponsoring funds
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Chapter VII
INVESTMENT AND FINANCE IN EDUCATION
Article 95.
Financial sources of educational investment
Financial sources of investment in
education comprise:
1. State budget;
2. Legal investment capitals of
domestic and foreign organisations and individuals;
3. Incomes from educational, training,
scientific and technological services; service and assistance to educational
operation of educational institutions; incomes from business operation;
interest from deposits in banks and other legal incomes as regulated by law;
4. Funding for fulfilment of the
State’s requests;
5. Loans;
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Article 96.
State budget for investment in education
1. The State shall give first
priority to the allocation of state budget for education, ensuring that
educational and training expenditures take up at least 20% of the State budget.
2. The State budget for education
must be allocated on the principles of transparency and democracy, based on the
educational scale, socio-economic development conditions of each region;
securing budget for universalized education, educational development in ethnic
minority areas and areas with exceptional socio-economic difficulties.
The State shall be responsible for
the full and timely allocation of budget so as to facilitate the
universalization of education and to meet the progress of the school year.
3. Education authorities and
educational institutions shall be responsible for effective management and use
of the allocated budget for education and other incomes as prescribed by law.
Article 97.
Priority in finance and land allocation for building schools
Ministries, ministerial-level
agencies, People's Councils and People's Committees at all levels shall be
responsible for incorporating the construction of schools, sporting, athletic,
cultural, artistic facilities in service of education into the planning and
socio-economic development plan of their sectors and localities; and shall give
priority in finance and land allocation for the construction of schools and
dormitories for students and students in their socio-economic development
plans.
Article 98.
Encouragement to invest in education
1. The State shall encourage and
enable organisations and individuals to invest and contribute their intellects,
labour and financial resources to education.
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3. Organisations and individuals
investing in the construction of infrastructure catering to education;
contributing, sponsoring and funding in cash or in kind for educational
development shall be recognised appropriately.
Article 99.
Tuition and expenses of educational and training services
1. Tuition is a contribution made
by learners to partially or fully cover expenses of educational and training
services. Tuition rate is determined based on road maps for assurance of
expenses for educational and training services prescribed by the Government.
For institutions of vocational education and higher education, this rate is
calculated based on the Law on Vocational education and Law on Higher
education.
2. Expenses of educational and
training services include the total amount of salary, direct costs, management
costs and depreciation of fixed assets in direct or indirect service of
educational operation in accordance with educational programmes.
Admission fees contributed by
candidates when submitting an application or taking an entrance examination
shall be determined based on road maps of accuracy and adequacy.
3. Students at primary education
level in public educational institutions are not required to pay tuition; in
areas lacking public schools, primary school students in private educational
institutions shall receive subsidies on tuition from the State, with the
support rate specified by provincial People’s Councils.
4. Pre-school children at 05 years
of age in villages and communes with exceptional difficulties, ethnic minority
areas, remote and isolated areas, coastal areas and islands shall be exempted
from tuition.
5. Pre-school children at 05 years
of age beside those regulated in clause 4 of this Article and students at lower
secondary education level shall be exempted from tuition based on road maps
specified by the Government.
6. Mechanisms for collecting and
managing tuition and service fees of educational operation are prescribed as
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b) Provincial People's Councils
shall set the tuition framework and detailed tuition rate and fees of services
and assistance for educational operation in public educational institutions as
authorised and at the proposal of provincial People's Committees;
c) Provincial People's Committees
shall set collecting and using mechanisms for admission fees of each
educational level under provincial management after receiving the approval from
provincial People's Councils;
d) People-founded and private
educational institutions are entitled to set the rate of their tuition and
other service fees, ensuring expense recoupment and reasonable accumulation.
Publicly announce expenses of educational and training services and fee rate as
guaranteed in school’s establishment proposal; and on the basis of each
educational course/level/year as prescribed by law.
Article 100.
Tax incentives for textbooks, teaching materials and equipment
The State shall provide tax
incentives for the publication of textbooks, syllabi and teaching materials;
for the production and supply of teaching equipment and children toys in
institutions of preschool education; for the import of books, periodicals, teaching
and learning materials, teaching equipment and research equipment used in
educational institutions in accordance with tax laws.
Article 101.
Financial regulations for educational institutions
1. Public educational institutions
shall manage financial incomes and expenditures, manage property use as
regulated by the Law on State budget, Law on Management and use of public
properties and other relevant regulations; implement regulations on accounting,
auditing, taxation and financial transparency in compliance with the law.
2. People-founded and private
institutions shall operate on the principle of financial autonomy, implement
regulations on accounting, auditing, taxation, property valuation and financial
transparency as prescribed by law. Incomes of people-founded and private
institutions shall be used for expenditures of the institutions’ necessary
operations, fulfilment of duties to the State budget, establishment of
investment development funds and other funds of the institutions. The remaining
incomes shall be distributed to investors according to their contributions of
capital, except for not-for-profit educational institutions.
3. Educational institutions shall
publish expenses of educational and training services and fee rate for each
school year of preschool education and general education; for each school year
and provisionally for each course of vocational education and higher education.
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1. Properties of people-founded
schools fall under the ownership of the school as a juridical person and under
the protection of the State as prescribed by law.
2. Properties of private schools
fall under the ownership of investors, are formed from capital contributions of
investors and determined by contract of capital contribution of investors.
Transfer of contributed capital shall take place as prescribed by law.
3. Capital transfer of
people-founded schools, private schools shall ensure the stability and
development of the school and take place as prescribed by the Government.
Article 103.
Preferential policies for people-founded schools and private schools
1. People-founded and private
schools shall receive land allocation or rental, infrastructure allocation or
rental by the State, receive budget support when implementing duties requested
by the State, and benefit from preferential policies on taxes and credits;
shall receive financial assurance from the State in order to implement policies
for learners as stipulated in Article 85 of this Law.
2. The Government shall provide for
this Article.
Chapter VIII
STATE MANAGEMENT OF EDUCATION
Section 1.
CONTENTS OF STATE MANAGEMENT OF EDUCATION AND STATE AGENCIES IN CHARGE OF
MANAGEMENT OF EDUCATION
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1. Formulating and directing the
implementation of strategies, plans and policies of educational development.
2. Promulgating and organizing the
execution of legislative documents on education; promulgating school charters,
standards of educational institutions, organisational and operational
regulations of educational institutions, charters of representative committee
of students’ parents; regulations on in-school and out-of-school teaching and
educating activities; regulations on assessment of study and training results;
awarding and discipline for learners.
3. Defining standards of titles,
working principles of teachers and education managers, job category
framework and staff quota in educational institutions; standards of heads,
deputy heads of educational institutions; standards of heads, deputy heads of
educational specialized agencies under the management of provincial/communal
People’s Committees; professional standards of teachers; promulgating codes of
conduct for teachers, for educational institutions; requirements on conditions,
standards and forms of recruitment of teachers.
4. Defining objectives, programmes
and contents of education; the Vietnamese Qualifications Framework; teacher
standards; standards and usage quota of school infrastructure and equipment;
compilation, publication and use of textbooks and syllabi; examination,
testing, admission, joint training and management of degrees/diplomas and
certificates; recognition of degrees/diplomas issued by foreign educational
institutions for use in Vietnam.
5. Stipulating
the evaluation of education quality; organizing and managing education quality
assurance and accreditation.
6. Conducting statistical and
informing work on educational organisation and operation.
7. Organizing educational
management apparatus.
8. Organizing and directing the
training, upgrading and management of teachers and education managers.
9. Mobilizing, managing and
utilizing resources for educational development.
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11. Organizing and managing
international cooperation and foreign investment in education.
12. Inspecting, supervising education
regulatory compliance; settlement of complaints, denunciations and handling of
law violations in education.
Article 105.
Education authorities
1. The Government shall exercise
the unified state management of education.
The Government shall consult the
National Assembly on major guidelines that may affect learning rights and
duties of citizens nation-wide, guidelines on reform of educational contents
related to a whole educational level; annually report to the National Assembly
on educational operation and educational budgetary execution; consult the
Standing Committee of the National Assembly on large-scale application of new
educational policies that have been successfully piloted when such application
may affect learning rights and duties of citizens nation-wide.
2. The Ministry of Education and
Training is accountable to the Government for the implementation of state
management of preschool education, general education, higher education,
vocational secondary education in pedagogy, pedagogical colleges and continuing
education.
3. The Ministry of Labour – War
Invalids and Social Affairs is accountable to the Government for the
implementation of state management of vocational education, except for
pedagogical vocational secondary education and colleges.
4. Within the scope of their duties
and authorities, other ministries and ministerial-level agencies shall be
responsible for cooperating with the Ministry of Education and Training,
Ministry of Labour – War Invalids and Social Affairs to exercise the state
management of education.
5. The People's Committees of all
levels shall implement state management of education according to the
Government's delegation and, within the scope of their duties and authorities,
shall perform the following duties:
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b) Ensuring conditions concerning
teachers, finance, infrastructure, libraries and teaching equipment of public
institutions under their management;
c) Developing school types,
conducting private sector involvement in education; meeting the demands of
scale expansion, improvement of education quality and efficiency in their
localities;
d) Implementing State guidelines,
policies and local policies to ensure autonomy and accountability for the
fulfilment of duties and education quality of educational institutions under
their management;
dd) Be responsible for the results
of the implementation of strategies, plans and policies on educational
development at localities.
Section 2. INTERNATIONAL
COOPERATION IN EDUCATION
Article 106.
Principles of international cooperation in education
The State shall expand and develop
international cooperation in education on the principles of respect for
national independence and sovereignty, equality and mutual benefit of all
parties.
Article 107.
Cooperation in education with other countries
1. The State shall encourage and
enable Vietnamese educational institutions to cooperate with foreign
organisations, individuals, and overseas residing Vietnamese in teaching,
learning and scientific research.
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3. The State shall set aside its
budget to send persons meeting criteria in dignity, morals and qualifications
to study and/or conduct research abroad in key areas, jobs and fields so as to
serve the construction and defense of the Fatherland.
4. The State shall stipulate the
act of Vietnamese citizens teaching, studying, conducting research and/or
academic exchange abroad; educational cooperation with foreign organisations,
individuals, and overseas residing Vietnamese.
Article 108.
Foreign cooperation and investment in education
1. The State shall encourage and
enable foreign organisations and individuals, international organisations,
overseas residing Vietnamese to conduct teaching, studying, investment,
sponsorship, cooperation, scientific research, application and transfer of
educational technology in Vietnam; protect legitimate rights and benefits as
prescribed in Vietnamese law and international conventions signed or acceded by
the Socialist Republic of Vietnam.
2. Educational cooperation with
Vietnam must ensure that learners are educated in personality, civic competence
and qualification; honor the national cultural identity; ensure that
educational objectives, requirements on educational contents, methods are
suitable with each educational level and training qualification in the national
educational system; ensure educational operation is in compliance with
Vietnamese law.
3. Types of foreign educational
cooperation and investment in Vietnam include:
a) Joint education and training;
b) Establishment of representative
offices;
c) Establishment of
branches/campuses of educational institutions;
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dd) Other types of cooperation and
investment.
4. The Government shall provide for
this Article.
Article 109.
Recognition of foreign degrees/diplomas
1. A degree/diploma issued by a
foreign educational institution will be recognised for use in Vietnam in the
following cases:
a) It is issued to learners of a
foreign general education or higher education institution upon completion of an
accredited educational programme of the issuing country and recognised by an
education authority of that country;
b) It is issued by a foreign
educational institution which is operating legally in another country beside
the country where its headquarters are located and permitted by education
authorities of both countries to establish branches/campuses or conduct joint
training, and meets regulations in point a of this clause;
c) It is issued by a foreign educational
institution which is operating legally in Vietnam and conducting educational
operation in accordance with the Government’s regulations on educational
cooperation and investment and on approval of a competent authority, and meets
regulations in point a of this clause.
2. Within the scope of their duties
and authorities, the Minister of Education and Training shall sign
international agreements on the equivalence or mutual recognition of
degrees/diplomas; elaborate conditions, order, procedure and authority of
degree/diploma recognition; provide information on accredited higher education
institutions recognised by host countries.
Recognition of foreign vocational
degrees/diplomas shall comply with the Law on Vocational education.
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Article 110.
Objectives, regulations and subjects of accreditation of education quality
1. Objectives of accreditation of
education quality are regulated as follows:
a) Ensure and improve education
quality;
b) Verify the level of achieving
educational objectives of educational institutions or training programmes in
each period of time;
c) Serve as the basis for
educational institutions to explain to owners, competent authorities, relevant
parties and the society about the state of education quality;
d) Serve as the basis for learners
to choose educational institutions, training programmes, for recruiters to
employ workforce.
2. Accreditation of education
quality must be:
a) Independent, objective,
legitimate;
b) Honest, public, transparent;
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3. Subjects of education quality
accreditation include:
a) Institutions of preschool
education, general education and continuing education;
b) Educational institutions and
training programmes of all qualifications of vocational education and higher
education.
Article 111.
Contents of state management of education quality accreditation
1. Promulgating provisions on
standards of education quality evaluation; procedure and schedule of education
quality accreditation at each educational level/training qualification;
operating regulations, conditions and standards of accrediting organisations
and individuals; granting permits for operations of education quality
accreditation; granting and revoking certificates of education quality
accreditation.
2. Managing activities of
accreditation of training programmes and educational institutions.
3. Instructing organisations,
individuals and educational institutions on conducting evaluation and
accreditation of education quality.
4. Reviewing, evaluating the
implementation of regulations on education quality accreditation.
Article 112.
Education quality accreditation organisations.
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a) Accrediting organisations
established by the State;
b) Accrediting organisations
established by domestic and foreign organisations and individuals;
c) Foreign accrediting organisations.
2. The implementation of education
quality accreditation is regulated as follows:
a) The Government shall provide for
conditions and procedure of establishment, operating permits, suspension,
dissolution of accrediting organisations; on conditions and procedure for
accrediting organisations to be recognised in Vietnam;
b) The Minister of Education and
Training shall make decisions on establishment or establishment permission,
suspension of operation, dissolution of institutions of education quality
accreditation; stipulate responsibilities, powers of institutions of education
quality accreditation for preschool education, general education and continuing
education; issue or revoke recognition decisions of institutions of education
quality accreditation operating in Vietnam; stipulate supervision and
evaluation of institutions of education quality accreditation;
c) Education quality accreditation
for vocational education and higher education shall comply with provisions of
the Law on Vocational education and Law on Higher education.
Chapter IX
IMPLEMENTING PROVISIONS
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1. Amendments to point a and point
b of clause 3 of Article 32 as follows:
“a) Students having upper secondary
degrees or certificates of completion of general educational programme or
certificates to have obtained adequate upper secondary education knowledge,
having at least very good vocational secondary diplomas and having registered
the same specialization or profession;
b) Students having upper secondary
degrees or certificates of completion of general educational programme or
certificates to have obtained adequate upper secondary education knowledge,
having good vocational secondary diplomas, having at least 02 years of working
experience in trained specialization or profession and having registered the
same specialization or profession;”
2. Amendments to clause 3 of Article
33 as follows:
“3. The training duration of
the year-based college-level shall last from 02 to 03 years for upper secondary
graduates according to their specializations or professions; from 01 to 02
years according to specializations or professions for students who have
vocational secondary diplomas of the same specialization or profession and
upper secondary degrees or certificates of completion of general educational
programme or certificates to have obtained adequate upper secondary education
knowledge.
The training duration of the
college-level in the form of module or credit accumulation is the time in which
modules or credits are sufficiently accumulated according to each training
programme for students who have upper secondary degrees or certificates of
completion of general educational programme or certificates to have obtained
adequate upper secondary education knowledge.”
Article 114.
Implementation effect
1. This Law takes effect from July
01, 2020.
2. The Education Law No.
38/2005/QH11, amended in accordance with Law No. 44/2009/QH12, Law No.
74/2014/QH13 and Law No. 97/2015/QH13, ceases to be effective starting from the
date on which this Law comes into force, except for the cases prescribed in
Article 115 of this Law.
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Pedagogical students, learners of
pedagogical training courses admitted before the effective date of this Law
shall continue to follow regulations in clause 3 Article 89 of the Education
Law No. 38/2005/QH11, amended in accordance with Law No. 44/2009/QH12, Law No.
74/2014/QH13 and Law No. 97/2015/QH13.
This Law was passed by the 14th
National Assembly of the Socialist Republic of Vietnam during its 7th session
on June 14, 2019.
THE
CHAIRWOMAN
OF THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan