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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
31/2011/ND-CP
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Hanoi,
May 11, 2011
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 75/2006/
ND-CP OF AUGUST 2, 2006, DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE
EDUCATION LAW
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 14, 2005
Education Law and the November 25, 2009 Law Amending and Supplementing a Number
of Articles of the Education Law;
At the proposal of the
Minister of Education and Training,
DECREES:
Article 1. To amend and
supplement a number of articles of the Government's Decree No. 75/2006/ND-CP of
August 2, 2006, detailing and guiding a number of articles of the Education Law
as follows:
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a/ To amend and supplement
Clauses 1 and 2 of Article 2 as follows:
"1. Universalization of
education is a process organized for every citizen to learn and reach a minimum
educational level prescribed by the State. The State shall universalize
preschool education for five-year-old children, primary education and lower
secondary education.
2. People's Committees of all
levels shall:
a/ Adopt plans on and solutions
to universalization of preschool education for five-year-old children;
b/ Guarantee that all
six-year-old children attend grade 1; universalize primary education and lower
secondary education; consolidate, maintain and improve the quality of primary
education and lower secondary education universalization and fight against
illiteracy."
b/ To amend and supplement
Clause 4 of Article 2 as follows:
"4. Annually, educational
institutions and administrative units (below collectively referred to as units)
which have been accredited as having satisfied the standards of pre-school
education universalization for five-year-old children, primary education
universalization and lower secondary education universalization shall conduct
self-inspection according to the set standards of education universalization
and report in writing self-inspection results to authorities competent to
accredit the satisfaction of standards."
2. To amend and supplement
Clause 1 of Article 6 as follows:
"1. Educational programs
and competence to promulgate educational programs are prescribed in Articles 6,
24, 29, 35, 41, 45 and 100 of the Education Law; Clauses 1 and 4, Article 1 of
the Law Amending and Supplementing a Number of Articles of the Education
Law."
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"Article 8. Textbooks
The Minister of Education and
Training shall, based on results of appraisal made by the National Council for
Appraising General Education Programs and Textbooks, provide standards of and
processes to compile and modify textbooks; approve and select textbooks for
official, stable and uniform use in teaching and learning at general education
institutions, including textbooks in Braille or ethnic minority languages and
textbooks for students of specialized schools."
4. To amend and supplement
Clause 1 of Article 9 as follows:
"1. The Minister of
Education and Training and the Minister of Labor, War Invalids and Social
Affairs shall provide according to their competence the compilation, selection,
appraisal, approval and use of professional education textbooks and tertiary
education textbooks, prescribe common-use textbooks and organize the compilation
and approval of these textbooks.
Principals of professional
secondary schools, colleges and universities and directors of vocational
training centers shall organize the compilation of textbooks or select advanced
and modern domestic and foreign textbooks suitable to their educational
objectives, framework programs and training tasks; and approve textbooks based
on results of appraisal made by textbook appraisal councils they have set up.
to ensure sufficient teaching and learning materials."
5. To amend and supplement
Clause 2 of Article 16 as follows:
"Other educational
institutions within the national education system include:
a/ Groups of children and
crèches; independent classes, including preschool classes,
illiteracy-eradicating classes, foreign-language classes, computer skill
classes, classes for disadvantaged children who cannot go to school, classes
for handicapped children, and vocational training and professional secondary
classes organized at production, business and service establishments;
b/ General technical education
and vocational orientation centers; vocational training centers; continuing
education centers; community-based learning centers; foreign language and
computer skill-training centers;
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6. To amend and supplement
Clause 2 of Article 18 as follows:
"2. People-founded
educational institutions are established by the communities of villages,
hamlets, communes, wards or townships that invest in building physical
foundations and assure operation funds for these institutions with the support
of local administrations.
Chairpersons of district-level
People's Committees are competent to permit the establishment of people-founded
educational institutions', commune-level People's Committees shall directly
manage people-founded educational institutions. People-founded educational
institutions shall not be established at general education, vocational education
and tertiary education levels.
7. To amend and supplement
the title of Article 20, and Clauses 2 and 3 of Article 20 as follows:
a/ To amend the title of Article
20 as follows:
"Article 20. Establishment
of educational institutions and licensing of educational activities"
b/ To amend and supplement
Clauses 2 and 3 of Article 20 as follows:
"2. Conditions for
establishment of schools and conditions for licensing educational activities
arc prescribed in Clause 16, Article 1 of the Law Amending and Supplementing a
Number of Articles of the Education Law.
3. Conditions for establishment,
competence to establish or permit the establishment of other educational
institutions specified in Clause 20. Article ! of the Law Amending and
Supplementing a Number of Articles of the Education Law comply with the
organization and operation regulation of other educational institutions
promulgated by the Minister of Education and Training and the Minister of
Labor, War Invalids and Social Affairs according to their competence."
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"Article 22. Suspension of
educational activities
Educational institutions shall
be suspended from conducting educational activities when falling into any of
the cases subject to suspension of educational activities specified in Clause
17, Article 1 of the Law Amending and Supplementing a Number of Articles of the
Education Law.
The order of and procedures for
suspension form, or licensing of the resumption of, educational activities by
educational institutions shall be prescribed in the school charters or
organization and operation regulations of schools or other educational
institutions."
9. To amend and supplement
Article 23 as follows:
"Article 23. Dissolution of
educational institutions
Educational institutions shall
be dissolved when falling into any of the cases subject to dissolution
specified in Clause 17, Article 1 of the Law Amending and Supplementing a
Number of Articles of the Education Law.
The order of and procedures for
dissolution of educational institutions are prescribed in the school charters
or organization and operation regulations of schools or other educational
institutions."
10. To amend and supplement
Clauses 2 and 3 of Article 27; Points a and c, Clause 4 of Article 27 as follows:
a/ To amend and supplement
Clauses 2 and 3 of Article 27 as follows:
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3. Organization and operation
regulations of other educational institutions include organization and
operation regulations of general technical education and vocational orientation
centers; vocational training centers, continuing education centers: community-based
learning centers and foreign language and from, computer skill-training
centers.
An organization and operation
regulation of an educational institution provides for the tasks and powers of
the institution; organization of educational activities; tasks and powers of
teachers and learners; organization and management of the institution; finance
and assets of the institution; and the relationship between the institution and
learners' families and the society."
b/ To amend and supplement Point
a, Clause 4 of Article 27 as follows:
"a/ The Prime Minister
shall promulgate the charter of universities and organization and operation
regulation of universities and private universities;"
c/ To amend and supplement Point
c. Clause 4 of Article 27 as follows:
"c/ The Minister of
Education and Training shall promulgate charters of multi-level general
schools, upper secondary schools and lower secondary schools; primary schools,
preschools and crèches; organization and operation regulations of
people-founded and private crèches; organization and operation regulations of
private schools for all general education levels; organization and operation
regulations of private professional secondary schools and private colleges; and
coordinate with ministers and heads of related ministerial-level agencies in
promulgating the organization and operation regulation of specialized schools;'
11. To amend and supplement
Article 30 as follows:
"Article 30. Improving the
qualification of and providing training and refresher training for teachers and
educational administrators
Persons who have obtained
certain training degrees and wish to become teachers but have not yet been
trained in pedagogy must attend pedagogical training courses. Educational
administrators shall be provided with training and refresher training so as to
improve their professional qualifications and education administration skills.
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Teachers and education
administrators who are appointed to attend training and refresher training
courses are entitled to full salaries and allowances during the training
period."
12. To amend and supplement
Clause 2 of Article 32 as follows:
"2. Tertiary education
institutions assigned to provide doctoral training may award the honorary
doctorate.
Honorary doctorate diplomas must
be printed with the phrase "Tien si danh du' (honorary doctorate), instead
of ''hoc vi tien si" (doctoral degree) and does not indicate the training
major."
13. To add Point 1 to Clause
3 of Article 33 and amend and supplement Clause 6 of Article 33 as follows:
a/ To add Point 1 to Clause 3 of
Article 33 as follows:
"1. Lower secondary
graduates who attend vocational training courses."
b/ To amend and supplement
Clause 6, Article 33 as follows:
"6. The Prime Minister
shall specify criteria, levels and procedures for consideration of grant of
policy scholarships and tuition exemption or reduction. The Minister of
Education and Training and the Minister of Labor, War Invalids and Social
Affairs shall specify according to their competence enrolment priorities,
criteria, levels and procedures for grant of study promotion scholarships for
learners, the grant and receipt of scholarships and allowances for learners,
and financial assistance for education from domestic and foreign organizations
and individuals.
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14. To amend and supplement
Point a, Clause 1 and Clause 2 of Article 38 as follows:
a/ To amend and supplement Point
a. Clause 1 of Article 38 as follows:
"a/ To promulgate
regulations on criteria for education quality assessment; processes and periods
of education quality assessment at each educational grade and training level;
operation principles of and conditions and criteria for organizations and
individuals conducting education quality assessment; to license education
quality assessment; and to grant and revoke education quality assessment
certificates."
b/ To amend and supplement
Clause 2 of Article 38 as follows:
"2. The Minister of
Education and Training and the Minister of Labor, War Invalids and Social
Affairs shall promulgate according to their competence documents on the state
management of education quality assessment; plan a network of education quality
assessment organizations; provide for periods of education quality assessment
at each education grade and training level; and direct education quality
assessment.
The Minister of Education and
Training shall provide criteria and processes for selecting assessors; programs
on training and refresher training for assessors; rights and powers of
assessors; and issuance and withdrawal of education quality assessor's
cards."
15. To amend and supplement
Point b, Clause 1 of Article 39 and add Clause 3 to Article 39 as follows:
a/ To amend and supplement Point
b, Clause 1 of Article 39 as follows:
"b/ Education quality
assessment organizations established by the State or organizations or
individuals. The Minister of Education and Training shall decide to establish
or permit the establishment of education quality assessment
organizations."
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"3. An education quality
assessment organization shall be established if having its establishment plan
conformable with the education quality assessment organization network plans
and sufficient education quality assessors who satisfy all set criteria for education
quality assessment.
To be licensed to conduct
education quality assessment, an education quality assessment organization must
obtain an establishment decision or decision permitting the establishment
issued by the Minister of Education and Training; and have physical
foundations, equipment, personnel and finance satisfying the requirements of
education quality assessment activities.
The Minister of Education and
Training shall provide the establishment, operation, operation termination,
dissolution, and tasks and powers of education quality assessment
organizations."
Article 2. Effect
1. This Decree takes effect on
July 1, 2011.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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