Thông tư 09/2024/TT-BGDĐT quy định về công khai trong hoạt động của các cơ sở giáo dục thuộc hệ thống giáo dục quốc dân do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành

• Số hiệu: 09/2024/TT-BGDĐT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Giáo dục và Đào tạo
• Người ký: Hoàng Minh Sơn
• Ngày ban hành: 03/06/2024

THE MINISTRY OF EDUCATION AND TRAINING OF VIETNAM --------	THE SOCIALIST REPUBLIC OF VIET NAM Independence-Freedom-Happiness -----------------
No. 09/2024/TT-BGDDT	Hanoi, June 03, 2024

CIRCULAR

PRESCRIBING PUBLIC DISCLOSURE OF OPERATIONS BY EDUCATIONAL INSTITUTIONS IN THE NATIONAL EDUCATION SYSTEM

Pursuant to the Law on Education dated June 14, 2019;

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to the Law on amendments to the Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Government’s Decree No. 86/2022/ND-CP dated October 24, 2022 defining functions, tasks, power and organizational structure of the Ministry of Education and Training of Vietnam;

At the request of the Director of the Quality Control Department;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular introduces regulations on public disclosure of operations by educational institutions in the national education system, including: contents, methods and time, and organization of public disclosure.

2. This Circular applies to early childhood education institutions, general education institutions, continuing education institutions, higher education institutions, junior colleges providing early childhood education courses at junior college level, specialized education schools and other educational institutions performing educational activities under the state management of the Ministry of Education and Training of Vietnam (hereinafter referred to as “educational institutions”); other relevant organizations and individuals.

3. Public disclosure of the contents which are not mentioned in this Circular shall comply with relevant regulations of law.

4. Regulations on public disclosure in this Circular shall not apply to information classified as state secrets, business secrets or information which is not yet disclosed as prescribed by law.

Article 2. Objectives of public disclosure

1. Aim to improve transparency of information relating to educational institutions so that teachers, educational managers, employees, learners and their families, and the public can get involved in operational supervision of such educational institutions.

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Article 3. Public disclosure principles

1. Public disclosure must strictly comply with the provisions of this Circular and relevant laws.

2. Information to be disclosed must be accurate, complete, timely and easily accessible.

Chapter II

CONTENTS OF PUBLIC DISCLOSURE

Section 1. PUBLIC DISCLOSURE GENERALLY MADE BY EDUCATIONAL INSTITUTIONS

Article 4. General information on educational institutions

1. Name of the educational institution (including its name in foreign language, if any).

2. Headquarters address and addresses of other business locations of the educational institution, telephone number, email address, web portal or website of the educational institution (hereinafter referred to as “web portal”).

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4. Mission, vision, goals and objectives of the educational institution.

5. Brief description of establishment and development background of the educational institution.

6. Information on legal representative or official spokesperson or contact information, including: full name, position, working place, telephone number and email address.

7. Organizational structure:

a) Decisions to establish or grant permission for establishment, merger, split-off, split-up, carry out educational activities, or suspend educational activities of the educational institution or its campus (if any);

b) Decisions to recognize the educational institution council and its chairperson, and list of members of the educational institution council;

c) Decisions to assign, appoint or recognize the principal, deputy principal, director, deputy director or head and deputy head of the educational institution;

d) Regulations on organization and operation of the educational institution; functions, tasks and powers of the educational institution and of its internal, affiliated and/or member units (if any); chart of the organizational structure of the educational institution;

dd) Decisions to establish, merge, split-off, split-up or dissolve the educational institution's internal, affiliated and/or member units (if any);

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8. Other documents of the educational institution: Development strategies of the educational institution; grassroots-level democracy regulations of the educational institution; resolutions issued by the educational institution council; regulations on administrative, personnel and financial management; policies for attracting and developing its teachers and educational managers; recruitment plans and notices of the educational institution, and other internal regulations and rules (if any).

Article 5. Revenues and expenses

1. The financial health of the educational institution in the fiscal year preceding the reporting time as prescribed by law. Revenues and expenses are sorted as follows:

a) Revenues are sorted by the funding sources (state budget-derived funding, financial supports from investors; tuitions, charges and other amounts received from learners; donations and payments received under contracts from external parties; other funding sources) and by activities (education and training; science and technology; other activities);

b) Expenses include salaries and incomes (salaries, wages, allowances, increased salaries and other salary-similar payments paid to teachers, lecturers, educational managers, employees, etc.); expenses on physical facilities and services (expenses on purchase, maintenance, repair and operation of physical facilities, equipment, and hiring of services directly used in education, training, research and staff development, etc.); supports for learners (scholarships, subsidies, and supports for daily living, participation in events or movements, emulation, rewards, etc.); other expenses.

2. Amounts collected from learners, including: tuitions, charges, and all amounts other than tuitions and charges (if any) collected in the current academic year and to be collected in each next year of the entire level of education or training course of the educational institution before enrolment.

3. Annual policies on subsidies, tuition exemption and reduction, and scholarship, and performance results.

4. Balances on funds, including specialized funds (if any).

5. Other financial disclosure contents shall comply with regulations of law on finance, budget, accounting, audit and grassroots-level democracy.

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Article 6. Conditions for quality assurance in early childhood education

1. Teachers, educational managers and employees:

a) Number of teachers, educational managers and employees sorted by job positions and academic qualifications;

b) Number and ratio of teachers and educational managers who meet relevant professional standards;

c) Number and ratio of teachers, educational managers and employees who have completed annual training courses as prescribed.

2. Physical facilities:

a) Area of the land parcel used for building the school or schoolhouse, minimum average area per child; level of satisfaction of relevant requirements;

b) Quantity and items of the block of administrative rooms; the block of rooms used for parenting, caring and educating children; the block of rooms used for providing meals for children (if cooking activities are performed); block of auxiliary facilities; technical infrastructure facilities; level of satisfaction of relevant requirements;

c) Number of existing equipment, supplies and toys; level of satisfaction of relevant requirements;

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3. Educational quality assessment and accreditation results:

a) Results of internal assessment of educational quality carried out by the educational institution; plans for improving quality after internal assessment;

b) Results of external assessment and accreditation of educational quality, and national accreditation of the educational institution in chronological order; annual and 05-year plans for improving educational quality after external assessment and implementation results.

4. An educational institution that provides foreign education programs or integrated education programs must also disclose the following information:

a) Name of the program, country providing the program, details on the partner engaging in joint education to deliver the integrated education program;

b) Name of educational quality assessment body or foreign competent authority that accredits the quality of the education program;

c) Language used in educational activities.

Article 7. Early childhood education plans and achievements

1. Plans implemented in the academic year by the educational institution:

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b) Plan for parenting, caring and educating children;

c) Regulations on cooperation between the early childhood education institution, families and communities;

d) Daily menu;

dd) Early childhood education services as prescribed (if any).

2. Achievements in parenting, caring and educating children of the previous academic year:

a) Total children; total number of children groups/classes; average number of children/group or class (or mixed group or class);

b) Number of children attending mixed groups or classes (if any);

c) Number of children attending 02 sessions/day;

d) Number of children having lunch at school;

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e) Results of provision of universal access to early childhood education to children aged 05;

g) Number of children with disabilities.

3. An educational institution that provides foreign education programs or integrated education programs must also disclose the number of children attending the program (sorted by Vietnamese children and foreign children).

Section 3. PUBLIC DISCLOSURE OF INFORMATION ON GENERAL EDUCATION

Article 8. Conditions for quality assurance in general education

1. Teachers, educational managers and employees:

a) Number of teachers, educational managers and employees sorted by groups of job positions and academic qualifications;

b) Number and ratio of teachers and educational managers who meet relevant professional standards;

c) Number and ratio of teachers, educational managers and employees who have completed annual training courses as prescribed.

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a) Area of the land parcel used for building the school or schoolhouse, minimum average area per student; level of satisfaction of relevant requirements;

b) Quantity and items of the block of administrative rooms; the block of classrooms; the block of learning support rooms; the block of auxiliary facilities; playground and sports ground; the block of life support rooms; technical infrastructure facilities; level of satisfaction of relevant requirements;

c) Number of existing teaching equipment; level of satisfaction of relevant requirements;

d) List of textbooks used in the educational institution with approval given by competent authorities; list and minimum quantity of reference documents selected and used by the educational institution in accordance with regulations adopted by the Ministry of Education and Training of Vietnam.

3. Educational quality assessment and accreditation results:

a) Results of internal assessment of educational quality carried out by the educational institution; plans for improving quality after internal assessment;

b) Results of external assessment and accreditation of educational quality, and national accreditation of the educational institution in chronological order; annual and 05-year plans for improving educational quality after external assessment and implementation results.

4. An educational institution that provides foreign education programs or integrated education programs must also disclose the following information:

a) Name of the program, country providing the program, details on the partner engaging in joint education to deliver the integrated education program;

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c) Language used in educational activities.

Article 9. General education plans and achievements

1. Plans for educational activities in the academic year:

a) Enrolment plan which clearly indicates eligible candidates, enrolment target, enrolment methods, enrolment schedule and relevant information;

b) Educational plans of the educational institution;

c) Regulations on cooperation between the educational institutions, families and communities in caring and educating students;

d) Learning, training and life support programs or activities organized by the educational institution;

dd) Daily menu (if any).

2. Educational achievements in the previous academic year:

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b) Statistical reports on assessment of students which is carried out according to regulations of the Ministry of Education and Training of Vietnam; number of students eligible for upper grade; number of repeaters;

c) Number of students granted certificate of completion of training programs or issued with graduation diplomas; number of students admitted to vocational education and training schools, for lower secondary schools and upper secondary schools; number of students matriculated to universities, for upper secondary schools.

3. An educational institution that provides foreign education programs or integrated education programs must also disclose the number of students attending the program (sorted by Vietnamese students and foreign students).

Section 4. PUBLIC DISCLOSURE OF INFORMATION ON CONTINUING EDUCATION

Article 10. Conditions for quality assurance in continuing education

1. Teachers, educational managers and employees:

a) Number of teachers, educational managers and employees sorted by groups of job positions and academic qualifications;

b) Number and ratio of teachers, educational managers and employees who have been annually assessed as prescribed;

c) Number and ratio of teachers, educational managers and employees who have completed annual training courses as prescribed.

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a) Number and area of classrooms, subject-based classrooms, function rooms, and professional or specialized rooms according to the organizational structure of the continuing education center;

b) Number of existing teaching equipment which is included in the list of minimum teaching equipment for upper secondary schools; level of satisfaction of relevant requirements.

3. Educational quality assessment and accreditation results:

a) Results of internal assessment of educational quality carried out by the educational institution; plans for improving quality after internal assessment;

b) Results of external assessment and accreditation of educational quality of the educational institution in chronological order;

c) Annual and 05-year plans for improving educational quality after external assessment and implementation results.

4. An educational institution that provides foreign education programs or integrated education programs must also disclose the following information:

a) Name of the program, country providing the program, details on the partner engaging in joint education to deliver the integrated education program;

b) Name of educational quality assessment body or foreign competent authority that accredits the quality of the education program;

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Article 11. Continuing education plans and achievements

1. Plans for educational activities in the academic year:

a) Enrolment plan which clearly indicates eligible candidates, enrolment target, enrolment methods, enrolment schedule and relevant information;

b) Educational plans of the educational institution;

c) Educational programs provided by the educational institution:

- List and information on continuing education programs, including: illiteracy eradication programs; educational programs responding to the needs of learners, updating of knowledge and skills, transfer of technology; Programs for training and enhancing professional qualifications; educational programs leading to degrees/diplomas of the national educational system.

- List of joint training programs for bachelor's degrees, level-5 advance diplomas, level-4 diploma or elementary-level vocational training certificate, and continuing education programs;

d) Regulations on cooperation between the educational institution, families and communities in delivering continuing education programs to learners aged under 18;

dd) Learning and life support activities.

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a) Enrolment results in the previous year;

b) Total learners sorted by training course of the continuing education program, joint training program, number of male/female learners, learners who are ethnics, and learners with disabilities at the reporting date;

c) Regarding continuing education programs for lower secondary education and upper secondary education levels:

- Statistical reports on learning and training results of learners at the end of academic year, number of learners winning awards in excellent student competitions, for learners at lower secondary education and upper secondary education levels;

- Number of learners eligible for consideration of graduation or participation in graduation exams; number of learners recognized as graduates or to have completed general education program; ratio of learners recognizes as graduates of lower secondary education and upper secondary education levels;

- Number of learners admitted to vocational education and training schools, for learners at lower secondary education and upper secondary education levels; number of learners matriculated to universities, for learners at upper secondary education levels;

- Ratio of learners of the continuing education programs at secondary education level employed after 1 year of graduation;

3. An educational institution that provides foreign education programs or integrated education programs must also disclose the number of learners attending the program (sorted by Vietnamese learners and foreign learners).

Section 5. PUBLIC DISCLOSURE BY HIGHER EDUCATION INSTITUTIONS AND PEDAGOGICAL JUNIOR COLLEGES

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1. Level of satisfaction of criteria set out in the higher education institution standards, conformable with the result announced by the Ministry of Training and Education of Vietnam (for higher education institutions).

2. Training majors/programs and exams for certificates:

a) List of training majors currently provided and details on satisfaction of conditions for opening such majors;

b) List of training programs currently provided, details on such programs according to training program standards (expected learning outcomes, admission requirements, conditions for implementing training programs) and forms of degrees or certificates issued to graduates at each level, training major and training mode; regarding international cooperation programs, information on the higher education institution engaging in joint training, duration of cooperation program, and written approval given by competent authority;

c) List of exams for international certificates which are organized in cooperation with other parties, and details on exams, types and forms of certificates issued, duration of cooperation, and written approval given by competent authorities.

3. Lecturers, educational managers and employees:

a) Number of educational managers and employees sorted by groups of job positions;

b) Number of full-time lecturers of the educational institution and of each training field sorted by level of training, professors, associate professors; list of tenured lecturers sorted by professional unit, including: full name, qualifications, position, in-charge fields, and main research direction;

c) Number of lecturers, educational managers and employees who have completed annual training courses as prescribed;

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4. Shared physical facilities:

a) List of training locations/campuses; information on land area, address and main use purposes (training, research, services, etc.);

c) Information on library (working spaces, reading room, etc.); number of titles and copies of textbooks and monographs.

5. Quality assessment and accreditation of the educational institution and training program:

a) Results of internal assessment carried out by the educational institution; plans for improving quality after internal assessment;

b) Educational quality accreditation certificates issued by qualified educational quality assessment body in chronological order;

c) Annual and 05-year plans for improving educational quality after external assessment and implementation results.

Article 13. Plans and achievements in training, science and technology activities

1. Annual plan for enrolment and organization of training activities for each level and model of training which conforms to current regulations on enrollment and training.

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a) Training scale, number of freshmen and number of graduates;

b) Ratio of enrolled students to planned enrolment target, dropout rate, dropout rate at the beginning of the academic year, ratio of students who graduate late by no more than 2 years from the normal graduation time, and on-time graduation rate (i.e. ratio of students who graduate by the normal graduation time);

c) Ratio of university graduates who are employed in fields related to their qualifications within 12 months after graduation.

3. Achievements in science and technology in the year, calculated for the entire educational institution and sorted by field of science and technology:

a) List of science and technology projects, schemes or tasks in which the educational institution plays the leading role: name of the project, scheme or task; level of managing authority; leading person and participating members; domestic and international partners; implementation duration; funding; brief description of findings and products;

b) Number of scientific works post on reputable international publications and other scientific publications; number of granted invention patents and utility solution patents;

c) Results of knowledge transfer, technology transfer and support for startups (if any).

Chapter III

METHOD AND TIME OF PUBLIC DISCLOSURE

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1. Public disclosure made on the web portal of the educational institution:

Educational institutions (except early childhood education schools, schools/classes for people with disabilities that do not yet establish their own web portals) shall publicly disclose the following information on their web portals, including:

a) Information on educational activities performed by the educational institution by June each year which must be made available to the public as prescribed in Chapter II of this Circular;

b) Annual reports, to be made available to relevant parties, on operational results of the educational institution by December 31 each year, which are made using PDF format and contain at least the minimum information prescribed in the Appendixes enclosed herewith:

- Appendix I: Annual report made by the educational institution providing early childhood education, general education or continuing education;

- Appendix II: Annual report made by the educational institution providing higher education or early childhood education courses at junior college level.

c) The educational institution shall decide the arrangement of information to be disclosed as prescribed in points a, b of this Article on its web portal in a manner that is convenient to access information.

2. Early childhood education schools, and schools/classes for people with disabilities that do not yet establish their own web portals shall publicly disclose the following information at their premises:

a) The information prescribed in point a clause 1 of this Article;

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c) Such information must be publicly posted at places which are convenient for officials, public employees, teachers, employees, learners, families and relevant individuals to access the disclosed information. Where many documents need to be disclosed, the educational institution may publicly post a notice indicating brief description of the disclosed information and instructions on how to access such documents in a manner that is convenient to access information.

3. Handouts containing information to be disclosed will be communicated or delivered at the start of each training course or academic year:

a) Educational institutions that provide early childhood education, general education or continuing education shall communicate or disseminate the information to be disclosed at the meetings with parents of children or students, or deliver or give out handouts to them within the first month of each new academic year;

b) Educational institutions providing higher education programs or early childhood education courses at junior college level, and college-preparatory schools shall disseminate the information to be disclosed or deliver or give out handouts containing such information to learners or students within the first month of a new training course or academic year.

4. Other methods of information disclosure shall comply with regulations of law.

Article 15. Time of public disclosure

1. Time of public disclosure made by educational institutions is as follows:

a) The information prescribed in point a clause 1 and point a clause 2 Article 14 of this Circular must be publicly disclosed by June 30 each year. If there is any change in the disclosed information or the information to be disclosed is not available on June 30 each year due to objective reasons or changes in regulations of law, the information must be updated or additionally disclosed within 10 working days from the occurrence of such change or obtainment of the official information;

Regarding early childhood education, the following information must be published on the web portal or posted at the premises of the educational institution (if the web portal is not available), including: monthly educational plan which must be made available to the public by the 25^th of the previous month; weekly and daily educational plans and planned daily menu which must be made available to the public by Saturday of the previous week; regarding general education, planned daily/weekly menu (if any) must be also made available to the public on the web portal of the educational institution by Saturday of the previous week.

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2. Public disclosure of information on a web portal must last for at least 05 years from the posting dat. Public posting of information at premises of early childhood education institutions and schools/classes for people with disabilities that do not yet establish their own web portals must last for at least 90 days, and such posted information must be retained for at least 05 years from the posting date to ensure the access to information.

3. In addition to the public disclosure of information as prescribed in clauses 1, 2 of this Article, educational institutions must also make public disclosure in accordance with regulations of relevant laws.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 16. Responsibility for implementation

1. Responsibilities of provincial Departments of Education and Training:

a) Provide advice to provincial People's Committees about directing and instructing the implementation of this Circular;

b) Instruct, disseminate, communicate and organize the implementation of this Circular within the scope of state management of education;

c) Carry out inspections, consider and handle complaints, denunciations and violations against provisions of this Circular in accordance with regulations of law;

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d) Submit reports on the implementation of regulations on public disclosure at the written request of the Ministry of Education and Training of Vietnam or competent authorities.

2. Responsibilities of higher education institutions, other educational institutions providing higher education courses and junior colleges providing early childhood education courses at junior college level:

a) Pursuant to provisions of this Circular, formulate and promulgate their own specific provisions on public disclosure within 90 days from the date of entry into force of this Circular;

b) Organize the implementation, review and assess the implementation of regulations on public disclosure and develop public disclosure orientations/tasks in reviewing and assessing annual working results (or of each academic year) and orientations/tasks of the following year (or of the following academic year) of the educational institution;

c) Submit reports on the implementation of regulations on public disclosure at the written request of the Ministry of Education and Training of Vietnam or competent authorities.

Article 17. Implementation

1. This Circular comes into force from July 19, 2024. This Circular supersedes the Circular No. 36/2017/TT-BGDDT dated December 28, 2017 of the Minister of Education and Training of Vietnam.

2. If there are discrepancies between other regulations of contents, method, duration and time of public disclosure of a specific type of information and provisions herein, such regulations shall apply.

3. Chief of Office, Director of Quality Control Department, heads of relevant units affiliated to the Ministry of Education and Training of Vietnam, Directors of provincial Departments of Education and Training, Directors of parent universities or institutes, Rectors of universities, Rectors of junior colleges providing early childhood education courses at junior college level, heads of specialized schools and other educational institutions performing educational activities under state management of Ministry of Education and Training of Vietnam, other relevant organizations and individuals are responsible for the implementation of this Circular./.

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PP. MINISTER
DEPUTY MINISTER




Hoang Minh Son