Subscribe to a Global-Regulation Premium Membership Today!

LOI-CADRE n° 14/004 du 11 février 2014 DE L’ENSEIGNEMENT NATIONAL

EXPOSES OF MOTIFS

Part I: General provisions
Part II: The creation and accreditation of institutions of national education;
Part III: The organization and functioning of national education;
Part IV: Research in higher and university education institutions;
Title V: Disciplinary regime;
Part VI: Special, transitional, abrogatory and final provisions

The Framework Law No. 086-005 of 22 September 1986 of national education totals 23 years. At the test of time, it is unsuitable for the constitutional and social evolution of the Democratic Republic of the Congo and for the educational system, cultural realities and the basic needs of national development.

The present law takes into account, on the one hand, the international legal instruments duly ratified by the Democratic Republic of the Congo, including: the Universal Declaration of Human Rights, the Declaration of Human and Peoples’ Rights, the Constitution of UNESCO, the Convention on the Rights of the Child, the World Declaration on Education for All, the African Charter on Human and Peoples’ Rights, the Pan-African Charter of It also takes into account the evolution of higher and university education systems, as expressed by the Bologna process of June 1999.

The various international legal instruments, the above-mentioned objectives, the Constitution as well as the laws and regulations of the Democratic Republic of the Congo form the basis for the basic orientations of national education. This is the result of the major principles whereby national education:

- is organized in public institutions and in private institutions;
- is compulsory in primary education;
- is free in public institutions at the primary and general secondary level;
- fight against illiteracy and ignorance;
- guarantees access to the same educational and academic benefits for all learners from both the public and private sectors.

This Act introduces the following innovations:
1. the maternal level is organized in a single three-year cycle. It welcomes children with three years of age;

2. the concept of basic education that is articulated in primary and general secondary education, eight years of basic education. This broad vision ensures that a large number of young boys and girls acquire uninterrupted comprehensive training and an initiation to life-saving know-how, either to pursue their studies or to acquire basic knowledge;

3. the organization of specific programmes in initial or continuing education leading to diplomas or certificates of higher or university education institutions that may be accredited by the Minister of Trusteeship;

4. the organization of special education in favour of the different socio-professional categories according to the specific needs of the country either in specialized institutions or in special classes incorporated in schools at all levels of the maternal level at the university;

5. the regulation of non-formal education thus responding to the will of the grantor in the fight against illiteracy, a national duty considering that the sub-sector is growing;

6. the progressive introduction to the University of the Bachelor-Maîtrise-Doctorat system, L.M.D., whose purpose is to harmonize curricula in higher and university education and to promote the mobility of staff and students worldwide;

7. the organization of a post-university education cycle crowned by a title of doctor to thesis or a degree in medicine;

8. the election of the facilitators of the higher and academic institutions by their peers;

9. creation and integration among the bodies of the administration of higher and university education, the Higher Academic Council and the Council of Higher Education and Private University;

10. the creation of higher schools where admission is selective and whose mission is to train senior managers according to the real needs of society;

11. the rehabilitation of the staff working on this educational mission by improving the conditions of its training and by organizing a special status to its advantage that revitalizes the teaching function and ensures that it is motorized and secure;

12. the regulatory implementation of mechanisms of educational partnership in the management of national education;

13. privileges granted to technical education and vocational training;

14. taking into account, in national education, children in difficult situations, persons with disabilities and adults not attending school or illiterate;

15. the introduction into national education of information and communication technologies, including open and distance learning;

16. the initiation of students and students to sustainable development and the fight against climate change;

17. the use of national or middle languages as a medium for teaching and learning at the elementary and middle levels of primary education and as a secondary and higher discipline. It also recommends learning important foreign languages in our economic, political and diplomatic relations;

18. the possibility for institutions of national education to create and develop self-financing activities;

19. the revalorization of manual work at all levels of national education;

20. the creation of a quality assurance structure within national education;

21. the establishment of an inter-ministerial advisory body at the national level to formulate opinions and propose solutions to the problems of national education.

This Act has 6 titles:

Part I: General provisions

Part II: The creation and accreditation of institutions of national education;

Part III: The organization and functioning of national education;

Part IV: Research in higher and university education institutions;

Title V: Disciplinary regime;

Part VI: Special, transitional, abrogatory and final provisions

This is the general economy of this Act.

Framework Law No. 14/004 of 11 February 2014 of National Education

The National Assembly and the Senate adopted;

The President of the Republic enacts the following legislation:

PART I: GENERAL PROVISIONS

CHAPTER I: OBJECT, FINALITY AND APPLIANCE

Article 1

This Act sets out the basic principles of national education, in accordance with articles 42, 43, 44, 45, 123, 5, 202 points 22 and 23 and 203 points 20 of the Constitution.

Article 2

The purpose of this Act is to create the conditions necessary to:

- access to education by all and for all;
- the formation of elites for harmonious and sustainable development;
- the eradication of illiteracy.

Article 3

This Act affirms the freedom in teaching that is defined as:

1. freedom to create, organize and attend a national educational institution;

2. freedom of parents to place their children in a public or private school of national or consular education;

3. freedom of parents to choose for their minor child the type of education corresponding to their religious and/or philosophical convictions;

4. freedom to disseminate, in all conscience and responsibility, proven cultural, scientific or technical knowledge and knowledge.

It sets the limits of its exercise.

Article 4

National education aims to:

1. the full and permanent education of women and men;

2. the acquisition of skills, human, moral, civic and cultural values to create a new Congolese, democratic, solidarity, prosperous, peace and justice society.

Article 5

School education covers all actions carried out by classical, special and non-formal structures.

Its purpose is the integral and harmonious development of each person in order to make it useful to himself and to realize its integration into society.

Article 6

This Act applies to registered public and private educational institutions.


CHAPTER II: DEFINITION OF CONCEPTS

Article 7

Under this Act:

1. Quality assurance: internal and external evaluation of institutions of Higher Education and University to ensure good governance;

2. research centre: a unit of support for teaching characterized by scientific productions of researchers in various areas of life;

3. school agreement: agreement by which the State entrusts the management of one or more public schools to a partner, natural or legal person, on the basis of the provisions negotiated and signed jointly;

4. school dropouts: the fact that a student cannot arrive at the end of the cycle for various economic, sociocultural and security reasons;

5. classical education: that which is organized and structured on the basis of access standards and school curricula designed by increasing degrees of education sanctioned by a school title;

6. Basic education: a set of essential knowledge and skills required for life, primarily the ability to read, write, calculate, oral and written expression;

7. Non-formal education: the purpose of the recovery and training of children, youth and adults who have not benefited from the benefits of school education for their inclusion in society;

8. Education for All: One of the Millennium Development Goals is to provide boys and girls with the means to enable them to complete the primary education level to be useful to society;

9. school education: the one given to the school;

10. distance education: technique implemented to provide distance training through information and communication technology devices;

11. national education: the educational system of a country considered in its organization, its functioning and its means of achieving education in its various forms at all levels;

12. Open education: one who is not subject to any conditions of access and aims to maintain knowledge. He does not lead to graduation;

13. vocational education: secondary or higher technical education in relation to the world of the company or trades, which allows to acquire knowledge and skills in a professional field;

14. Special education: a type of training adapted to overdue persons and persons with disabilities, including blind, mute, hearing impaired and deaf mute persons;

15. public institution: the person who provides national education under the conditions set out in this Act;

16. school: primary school, secondary school where pupils ' education and education are taught;

17. Mother ' s educational institution: the place where pre-school education is provided for children from 3 to 6 years old;

18. free of charge: the State’s care for the tuition of basic education in public institutions;

19. Conventional enabling: a way by which the State grants to a natural or legal person, by means of a contract or agreement, the management of a public educational institution;

20. academic and professional orientation: the process of helping students in the choice of different fields of study and job opportunities, according to their abilities, tastes and interests. It also concerns the care of the student and his psychopedagogical support;

21. School obligation: the obligation of the State to ensure that every child is enrolled in school, including by ensuring the establishment of community facilities, and the duty of parents or guardianship to send the child to school;

22. Educational partnership: a way of management through which the State, inter alia, associates student parents’ committees, promoters of accredited private schools, teachers’ trade union training, religious denominations, non-Tile government organizations and bi- and multilateral partners to solve the problems of education.

CHAPTER III: FUNDAMENTAL OPTIONS

Article 8

The Government defines the general policy of national education. He associates the various education partners with consultation structures whose creation and functioning are defined by regulation.

It implements this policy in accordance with articles 202 points 22 and 23, as well as 203 points 20 of the Constitution.

It ensures compliance with the general standards applicable to all institutions of national education and sets out the form and conditions for obtaining the titles sanctioning the completion of the education cycles.

Article 9

The basic options of national education are:

1. basic education for all;

2. education to values;

3. physical and sport education;

4. environmental education, sustainable development and climate change training;

5. education in information and communication technologies;

6. non-formal education;

7. the education partnership;

8. the professionalization of teaching and the promotion of technical, professional, artistic, arts and crafts institutions;

9. upgrading of manual activities;

10. the revalorization of the teaching function;

11. combating endemic and epidemic diseases, including HIV/AIDS, malaria and tuberculosis;

12. adult education;

13. the use of national languages and/or languages as a medium and discipline of teaching and learning;

14. training and recycling of trainers;

15. the adequacy between training and employment;

16. distance learning;

17. Combating sexual violence;

18. Human rights;

19. the fight against school depravity and inadaptation;

20. the fight against discrimination and inequalities in school education;

21. the control and control of science and technology as essential factors of economic power;

22. the promotion of intelligence and critical spirit;

23. permanent education.

SECTION 1: DE L’EDUCATION DE BASE POUR TOUS

Article 10

Basic education for all is the set of knowledge acquired by the child from the primary to the general secondary level.

It is based on primary education and the first two years of secondary education.

It provides all children with a common foundation of knowledge and gives the child a first level of overall training.

Article 11

Basic education for all aims to satisfy the need to learn from children, young people and adults, including the need to learn to write, to read, to calculate, to express themselves orally and by signs, to solve problems and to acquire know-how, know-how, know-how, to become and civic sense.

Article 12

To reach basic education for all, throughout life, the State:

1. ensures compulsory and free primary education for all in public institutions of national education, including appropriate human, material and financial resources;
2. ensures the democratization of education by guaranteeing the right to quality education, equal opportunities for access and success for all, including persons with disabilities;
3. promotes physical and sport education, non-formal education, the fight against sexual violence and endemic and epidemic diseases, including HIV/AIDS, malaria and tuberculosis, as well as the use of national languages and/or languages of the environment.

Article 13

The national basic education programme for all is applicable throughout the Republic. It is enriched by specific inputs to each environment.

SECTION 2: VALUE EDUCATION

Article 14

National education integrates human values, including moral, spiritual, ethical, cultural and civic values.

This integration involves rehabilitation at each level of values formation, namely:

1. the revalorization of the teaching function and the strengthening of the moral and civic dimension in the training of trainers, which are models for learners and society in general;

2. the inclusion of man in his cultural environment in order to promote the diversity and richness of local cultures while developing the spirit of initiative and creativity, mutual respect, tolerance and protection of the environment;

3. the preservation and promotion of democratic, pluralistic and republican values in particular, patriotism and the sense of general interest and human rights.

SECTION 3: PHYSICAL AND SPORTING EDUCATION

Article 15

Physical and sport education as well as sport practice, depending on the physical capacity of each, are mandatory in maternal, primary, secondary and vocational schools.

Sport practice is encouraged in institutions of higher and university education.

Article 16

The State provides training for qualified personnel in physical and sport education as well as in physical medicine.

It reserves, with the assistance of its partners, appropriate areas, adequate infrastructure and suitable equipment.

SECTION 4: ENVIRONMENTAL EDUCATION, TRAINING FOR SUSTAINABLE DEVELOPMENT AND CLIMATIC CHANGES

Article 17

National education provides environmental education, sustainable development and climate change training to prepare students, students and other learners for ecological balance issues.

SECTION 5: EDUCATION FOR TECHNOLOGIES OF INFORMATION, COMMUNICATION AND DISTANCE

Article 18

National education provides education in information and communication technologies, taking into account the needs of society and ethical issues, with a view to addressing current and future challenges in this area.

To this end, the State promotes distance learning.

SECTION 6: DE L’EDUCATION NON FORMELLE ET POUR ADULTS

Article 19

The objectives of non-formal education are:

1. allow children who are not schooled or schooled in school age to reintegrate classical education;
2. allow illiterate youth and adults to possess basic knowledge in reading, writing, calculation and environment;
3. provide high-quality vocational training for young people and recovered adults according to the learning needs expressed;
4. Ensure that adults have a permanent education.

SECTION 7 : FROM PARTENARIAT TO THE UNITED NATIONS

Rule 20

The partnership in school education is a way of management by which the State combines the various stakeholders to share human, material and financial resources.

It is a participatory approach aimed at the involvement of different actors in school education in the design and management of national education.

The State shares the responsibilities and tasks for the achievement of the common educational objectives according to a freely accepted understanding of the respective rights and duties.

Article 21

The State’s educational partners include:

1. parents;
2. promoters of private institutions accredited to national education;
3. religious denominations;
4. basic communities;
5. the provinces;
6. decentralized territorial entities;
7. public and private national enterprises;
8. trade unions;
9. non-governmental organizations;
10. national and international bodies;
11. socio-professional associations with normative, educational, scientific and cultural vocations;
12. bilateral and multilateral partners.

Article 22

While respecting the principle of sovereignty, the partnership applies to:

1. all aspects of the educational process: the design of educational policy, educational management, administrative management, financial management and heritage management;

2. all levels of national education;

3. permanent education, non-formal education, special education and research.

Article 23

The rights and obligations of the State include:

1. the establishment of public institutions and the accreditation of private institutions of national education;
2. the definition and accreditation of curricula and the general standards for the evaluation and sanctioning of studies;
3. the determination of the general principles of the administrative organization of the institutions of national education;
4. approval and management of the budget of public institutions of national education;
5. the setting and control of quality assurance standards;
6. the determination of general principles for administrative, academic, pedagogical, andragogical, financial, heritage and medical inspection of national educational institutions;
7. the determination of academic and academic titles and the endorsement, registration and recognition of titles;
8. the granting of administrative and fiscal facilities to promoters of private educational institutions, in accordance with the terms determined by regulation;
9. support, through grants, to promoters of private educational institutions.

Article 24

The rights and obligations of partners include:

1. active, democratic and equitable participation in the structures established for the functioning of partnership;
2. the contribution to the human, civic, cultural, material, heritage and financial capital of education;
3. the creation of organizations or associations for the development of different sectors of national education.

SECTION 8: PROMOTION AND PROFESSIONALIZATION OF TECHNICAL, PROFESSIONAL, ART AND METIERS

Rule 25

National education promotes technical, artistic and professional institutions and promotes professionalization by providing a culture-oriented training and an intellectual level compatible with the needs of society and the evolution of the modern world.

Rule 26

The scope of professionalization covers the structure of national education at the secondary, higher and university levels, with a view to effective and efficient preparation for better integration into society.

The State is committed to promoting technical and vocational education by developing a programme to test and finance technical, artistic and professional institutions according to the needs of the national economy in highly qualified technicians, artists and workers.

SECTION 9: MAITRIS AND CONTROL OF SCIENCE AND TECHNOLOGY COMME FACTORS ESSENTIAL OF THE ECONOMIC PUISSANCE OF THE DEMOCRACY REPUBLIC OF CONGO

Rule 27

National education provides students with intellectual training to enable them to acquire knowledge and skills, directly or indirectly, useful to life for their integration into the world in perpetual change.

It also offers them opportunities that can exercise and develop their critical spirit and creativity.

Rule 28

As part of their mandates under this Act, technical and vocational secondary schools, higher institutes, higher schools and universities can provide by means of a convention, expensive services, patents and licences, and market the products of their academic or academic activities for self-funding.

SECTION 10: REVALORIZATION OF MANUAL ACTIVITIES

Rule 29

National education gives students the sense and love of work well done. To this end, the revalorization of manual activities is essential to primary, secondary, higher and university education. The learners are initiated by appropriate methods.

To this end, the State and the partners have the institutions of adequate teaching materials.

SECTION 11: DE LA REVALORISATION DE LA FONCTION ENSEIGNANT

Rule 30

The State undertakes to revalue the teaching function and to respect the special status of the national teaching staff.

SECTION 12: DE LA LUTTE CONTRE LES MALADIES ENDEMIQUES ET EPIDEMIQUES

Rule 31

National education provides initial and ongoing training in combating sexual violence and endemic and epidemic diseases, including HIV/AIDS, malaria and tuberculosis.

SECTION 13: DE LA LUTTE CONTRE LA DEPERDITION ET L’INADAPTATION SCOLAIRES

Rule 32

The State takes measures that are necessary to eradicate the scourges of school deprivation and inadaptation.

It also promotes adult education programmes, while ensuring inequalities in education.

SECTION 14: DE LA LUTTE CONTRE LES DISCRIMINATIONS ET LES INEGALITES en MATIERE D’EDUCATION SCOLAIRE

Rule 33

The fight against discrimination and inequalities in school education aims to open access to education for vulnerable and disadvantaged groups of national education.

These include:

1. Girls and women;
2. Orphans;
3. displaced;
4. Pygmies;
5. children whose age is higher than the standard set by school regulations;
6. Indigent;
7. persons with disabilities.

Rule 34

The State and its partners are committed to combating discrimination and inequalities in education.

To this end, the State shall make special provisions favourable to the groups referred to in article 33 of this Law, including recruitment, academic and academic organization, teaching and evaluation methods.

SECTION 15: PERMANENT EDUCATION, TRAINING AND RECYCLING OF FORGEARS

Rule 35

Continuing education is ensured throughout life. It is one of the fundamental aspects of national education. It aims to train citizens of all ages to help them maintain, renew and perfect their knowledge, skills and skills in relation to new social changes and professional requirements.

Rule 36

The State provides national education with the necessary teaching materials to ensure sustainable education.

It is supported by partners.

Rule 37

The organization and operation of permanent education are regulated.

SECTION 16: OF THE USE OF NATIONAL LANGUAGES AND / OR OF THE LANGUAGE OF MEDIUM WOMEN AND DISCIPLINED OF INFORMATION AND APPROVAL

Rule 38

National education uses national and environmental languages as a tool in primary education and as a discipline in secondary, higher and university education as well as in non-formal education.

TITRE II : DE LA CREATION ET DE L’AGREMENT DES ETABLISSEMENTS DE L’ENSEIGNEMENT NATIONAL

CHAPTER 1: DE LA CREATION

SECTION 1: PUBLIC ETABLEMENTS

Paragraph 1: Primary, secondary and vocational educational institutions

Rule 39

The establishment of public institutions for maternal, primary, secondary and vocational education is the concurrent competence of the central and provincial authorities, in accordance with article 203 point 20 of the Constitution.

Rule 40

The establishment of public institutions for maternal, primary, secondary and vocational education is sanctioned by the decree of the Minister of the Central Government having the education in his or her powers or the Governor of the Province.

The above decision takes into account the general plan and local plans for the development of national education.

Paragraph 2: Institutions of higher and university education

Rule 41

The establishment of public institutions of higher and university education is the competence of the central government and the provinces, in accordance with article 203 point 20 of the Constitution.

It is subject to the norms established in this matter by the central authority in accordance with article 202 point 23 of the Constitution.

Rule 42

The establishment of public institutions of higher and university education is sanctioned by a decree of the Prime Minister deliberated in council of Ministers on the proposal of the Minister having higher and university education in his powers.

When the initiative comes from the province, the act of creation proposed by the Governor of the Province is sanctioned by the Order of the Prime Minister deliberated in Council of Ministers following the procedure provided for in the preceding paragraph.

The above act takes into account the general plan and local plans for the development of national education.

Paragraph 3: Public institutions of non-formal education

Rule 43

The establishment of non-formal educational institutions is the concurrent competence of central and provincial governments.

It takes into account the general plan and local plans for the development of national education.

Rule 44

The establishment of non-formal educational institutions is sanctioned concurrently by an order of the Minister of the Central Government having non-formal education in his or her powers or the Governor of the Province.

SECTION 2: SUBSTANCES

Paragraph 1: Primary, secondary and vocational educational institutions

Rule 45

Any natural or legal person, whether Congolese or foreign, who has the civic, legal, financial, material, moral, educational, educational, administrative and environmental guarantees set out in sections 49 to 52 of this Act may establish a private institution for maternal, primary, secondary or vocational education.

Paragraph 2: Higher education and academic institutions

Rule 46

Any natural or legal person of Congolese or foreign nationality may establish a higher or higher education institution under the conditions set out in sections 49 to 52 of this Act.


Paragraph 3: Non-formal educational institutions

Rule 47

The provisions of article 45 above apply mutatis mutandis to non-formal educational institutions.

Rule 48

The terms and conditions for the application of sections 45 to 47 of this Act are set by regulation.

Paragraph 4: Guarantees

Rule 49

Legal and civic guarantees must be understood:

1. for the legal person:

a. having a legal personality;
b. have not been convicted for economic crimes in the last ten years;
c. complying with the laws of the Republic;
d. have qualified management staff with at least five years of experience in education.

2. for the physical person:

a. be at least 30 years old;
b. present a certificate of good conduct, life and morals;
c. complying with the laws of the Republic;
d. the enjoyment of civil rights;
e. Having qualified management staff with at least five years of experience in education;
f. having not been convicted of economic crimes or any other intentional offence.

Rule 50

Financial and material guarantees include:

1. the existence of viable infrastructure as well as proper and appropriate teaching materials;

2. the six-month term deposit in a banking or financial institution of the Democratic Republic of the Congo of the amount necessary for the operation of the educational institution and for the pay of the teaching and administrative staff for at least one year;

3. the detention of the title of ownership of the site and of the buildings intended to host the educational establishment or, where appropriate, a lease of a building that is legalized for a minimum period of 6 years;

4. the certificate indicating the area of the site conforming to the standard of at least 5 m2 per student.

Rule 51

By environmental safeguards, the detention of the environmental and social impact assessment of the location of the facility must be understood.

Rule 52

The guarantees of moral, pedagogical, academic and administrative supervision relate to:

1. the opportunity to offer students, students, learners and staff an educational environment that can promote the formation of the family and democratic spirit, national consciousness, the pride of their cultural identity and human dignity;

2. on the record of permanent, qualified and competent teaching, andragogue and administrative staff;

3. compliance with national education structures and program;

4. respect for the minima and maxima the number of students, students, learners and administrative staff meeting the educational, educational and academic standards set by regulation.

SECTION 3: SPECIAL FEATURES

Paragraph 1: Public institutions

Rule 53

The establishment of maternal, primary, secondary and vocational special educational institutions is the concurrent competence of the Minister of the Central Government with this type of education in his or her powers and the Governor of the Province.

The act of creation is punishable by an order of the Minister of the Central Government having national education in his or her powers or the Governor of the Province.

Rule 54

The provisions of article 53 (1) above shall apply mutatis mutandis to public institutions of special, higher and university education.

Paragraph 2: Private institutions

Rule 55

Any natural or legal person with the guarantees as defined in sections 49 to 52 of this Act is free to establish a private non-formal educational institution.

CHAPTER II: IMPLEMENTATION OF NATIONAL FEATURES

SECTION 1: MATERNEL, PRIMARY, SECONDARY AND PROFESSIONAL SETTLEMENTS

Rule 56

The accreditation of a primary, secondary and vocational educational institution is subject to:

1. a written request to the Minister of the Central Government with maternal, primary, secondary and vocational education in his or her powers or to the Governor of the Province;

2. an investigation whose conditions are defined in sections 49 to 52 of this Act.

It is sanctioned by a decree of the Minister of the Central Government having maternal, primary, secondary and vocational education in his or her powers or the Governor of the Province.

Rule 57

The approval provided for in section 56 may result in a subsidy to particular facilities or benefits to be determined by regulation.

To this end, the State favours establishments that organize vocational, technical and technological studies.

As a result, the accreditation of an institution is the official recognition of the level of education as well as of the school’s teaching materials and titles.

Rule 58

Accreditation is withdrawn when the conditions for the establishment’s opening and functioning no longer meet the standards defined by the State or if it is established that it has been obtained irregularly.

The removal of the licence will result in the closure of the facility.

The Minister of the Central Government having the teaching in his or her powers or the Governor of the Province shall take the necessary measures in the interest of the students.

Rule 59

Every registered educational institution is subject to public control.

This control includes:

1. respect for the Constitution and laws of the Republic;
2. permanent compliance with conditions of openness and operation;
3. safeguarding good morals;
4. the level of studies and their compliance with the national education program.

SECTION 2: SUPERIOR AND UNIVERSAL FULLINGS

Rule 60

The accreditation of a private institution of higher and university education is subject to:

1. to a written request addressed to the Minister with higher and university education in his or her powers or to the Governor of the Province;
2. a viability investigation whose elements are defined in sections 45 to 52 of this Act, without prejudice to the specific conditions provided for by regulations;
3. at least three years of continuous operation.

It is sanctioned by a decree of the Prime Minister deliberated in council of ministers on the proposal of the Minister having higher and university education in his powers.

Rule 61

The approval provided for in section 60 may result in benefits or subsidies from the establishment.

To this end, the State favours vocational, technical and technological studies.

Accreditation therefore has the official recognition of the level of studies as well as academic documents and titles issued by the institution.

Rule 62

The provisions of sections 56 to 58 of this Act apply, mutatis mutandis, to higher and university educational institutions.

SECTION 3: SPECIFICATIONS

Rule 63

The accreditation of private special education institutions is governed by the same provisions as those provided for in articles 57 to 61 concerning maternal, primary, secondary and vocational education and higher and university education, respectively.

SECTION 4: NON-FORMAL EDUCATION ETABLEMENTS

Rule 64

The approval of private non-formal education institutions is granted following a prior authorization to open the Minister of the Central Government with that sector in his or her powers or the Governor of the Province.

Rule 65

The accreditation of a non-formal educational institution is obtained only after:

1. a written request to the department with that area in its powers or to the provincial governor;
2. a viability investigation.

Rule 66

The investigation referred to in section 65 concerns:

1. the hygiene and safety conditions of the premises;
2. the legal, civic, financial, moral, educational, andragogical, material and environmental guarantees presented by the promoter and the personnel involved in education;
3. sufficient qualifications of educational staff for the required level of training;
4. the teaching material required to carry out the training program.

Rule 67

The provisions of sections 57 and 58 of this Act apply, mutatis mutandis, to non-formal educational institutions.

TITRE III : DE L’ORGANISATION ET DU FONCTIONNEMENT DE L’ENSEIGNEMENT NATIONAL

CHAPTER I: DE L’ORGANISATION

SECTION 1: STRUCTURES

Rule 68

National education includes two structures, namely formal education and non-formal education.

Formal education is provided in the form of classical and special education.

Non-formal education is provided in the form of activities in special institutions and training centres.

Sub-section 1: From formal education

Paragraph 1: From formal formal classical education

Rule 69

National classical education is organized in:

1. maternal education;
2. Primary education;
3. secondary education;
4. Higher education and university education.

Rule 70

The aim of maternal education is to ensure the vitality of the child’s personality through educational action in harmony with the family, social and environmental environment.

It mainly contributes to the sensory, motor and social education of the child and to the awakening of its intellectual faculties.

He prepares him for primary education.

Rule 71

Maternal education is organized in a single three-year cycle.

It accommodates children aged three to six years unfulfilled.

Rule 72

Primary education provides basic and general education. It is mandatory and free.

Its duration is six years.

The school obligation not performed by parents or guardians who have become deficient is transmitted to the public authorities through their appropriate structures.

Rule 73

The mission of primary education is to prepare the child for:

1. integrate usefully into society by learning to read, write, calculate and express themselves;
2. Further study.

Rule 74

Primary education is organized in two three-year cycles each.

In the first year of the elementary primary education cycle, any child who has attained the age of six years who has attained the age of six years at the date of the school year or not later than three months after that date.

Rule 75

Any person over the age of 18 who has not been able to access primary education as a result of the failure of their parents or guardians, or for any other reason, may at any time benefit from such training in the form of non-formal education.

Rule 76

In all cases, free basic education does not exempt parents from the ordinary care costs of their children, arising from the effects of filiation or parentage as prescribed by articles 648, 716 and following of the Family Code.

Free textbooks and school supplies are also available.

Rule 77

Free basic education does not apply to registered private institutions.

Rule 78

The purpose of secondary education is to provide students with general and specific knowledge to enable them to understand the elements of national and international cultural heritage.

Its mission is to develop the critical spirit, creativity and intellectual curiosity in the student, and to prepare it either for the exercise of a profession or a profession, or for the pursuit of higher and/or university studies if it manifests interest and has the skills.

Rule 79

Secondary education includes general secondary education, general humanity, technical and professional humanity.

General secondary education is organized in a two-year cycle. It's free.
General humanity is organized in two years of lower cycle and two years of higher cycle.

Technical and professional humanity is organized in the short and long cycle. The short and long cycle is three and four years respectively.

Rule 80

Technical and vocational training is designed to train qualified technicians in close alignment with the real needs of the local and national economy.

It includes:

1. schools or institutes of technical or vocational training for four years of study, including internship periods;

2. the normal schools of four-year-old teachers, including internship periods;

3. schools or medical institutes for a four-year period of study including internship periods.

Rule 81

The organization of technical and professional humanity is regulated by regulation. This includes:

1. technical and vocational education in various sectors of employment;
2. the provisions relating to cross-cutting between sectors, including methods, equivalences and bridges;
3. the modalities for the development, validation and evaluation of their curricula;
4. End-of-cycle certification provisions.

Rule 82

Children who are out of school at the primary or secondary level are directed to vocational training schools where they receive personalized and/or specific training in specialized schools.

Rule 83

The establishment of primary, secondary or vocational education shall bear the name in the act of its creation or approval.

Rule 84

The school year of maternal, primary, secondary and vocational education has a minimum of 180 classroom days and a maximum of 222 days totaling the minimum of 900 hours of actual attendance at school, including revision and examination periods.

Rule 85

Public institutions of higher and university education are legal entities of public law under the supervision of the minister with higher and university education in his responsibilities.

They enjoy an autonomy of academic, scientific, administrative, financial and heritage management.

Higher and academic institutions with private law management are institutions of public utility. As such, the State grants them subsidies for their operating and/or investment expenses.

The terms and conditions for granting these subsidies are set by regulation.

They are placed under the control of the Minister with higher and university education in his duties.
Rule 86

The mission of higher and university education is to:
1. To promote the spirit of initiative and creativity to render service to the community;
2. equip the country with senior managers;
3. contribute to the development of society through scientific research organized according to its problems;
4. promote national culture both through the preservation and enhancement of its traditions and through the dissemination of new knowledge;
5. promote writing and reading through the revalorization of the materials of collective memory.

Rule 87

Higher and university education includes higher institutes, higher schools and universities.

From higher education

Rule 88

The mission of higher education is to train high-level executives, specializing in the exercise of a profession or profession, particularly in the priority areas of education, health, agriculture, technology, management and the arts.

Rule 89

Higher education includes:

1. higher technical institutes;
2. higher artistic institutes;
3. higher technological institutes;
4. higher educational institutions;
5. higher educational and technical institutes;
6. Higher schools.

a. 1. Higher technical, artistic and technological institutes

Rule 90

The mission of the higher technical, artistic and technological institutes is to:

1. To train specialized professionals in the field of technology and technology, particularly in the areas of health, agriculture, education, management, arts, crafts, buildings, public works and industry;
2. Organize research to adapt new technologies and technologies to the specific conditions of the country;
3. encourage the promotion and outreach of arts and crafts.

a. 2. Higher educational institutions

Rule 91

The mission of the higher educational institutions is to:
1. train qualified secondary teachers in all general, technical, artistic and vocational training disciplines;
2. Organize research in the field of applied pedagogy to improve the quality of maternal, primary, secondary and vocational education;
3. disseminate research results, including the production and dissemination of appropriate textbooks.

a. 3. Higher schools

Rule 92

The higher school is a higher education institution that recruits students by competition or title and provides high-level training in a wide range of disciplines.

Rule 93

The mission of the higher schools is to:

1. train high-level executives in various sectors according to the real needs of society;
2. Organize applied research, focusing on solutions to specific problems in the areas of their creation;

3. providing services to the community.

Rule 94

The modalities for the organization and operation of the higher schools are set by decree of the Prime Minister deliberated in the Council of Ministers, on the proposal of the Minister with higher and university education in his or her powers.

a. From university education

Rule 95

The mission of university education is to:
1. train design frameworks that can contribute to the qualitative transformation of society;
2. To contribute to the evolution of science through the organization of fundamental and applied development-oriented research;
3. ensure and promote the dissemination of research results.

Basic and applied research is produced in the schools’ faculties or centres as support units for teaching.

b. Specialized services

Rule 96

Higher and academic institutions receive technical support from the department’s specialized services with higher and university education in its responsibilities.

The specialized services referred to in paragraph 1 are:

1. the Standing Committee on Studies;
2. the interdisciplinary centre for development and permanent education;
3. the College of Auditors;
4. academic press;
5. the theoretical and applied linguistic centre.

The creation, mission, organization and operation of these services are determined by a decree of the Prime Minister on the proposal of the Minister with higher and university education in his or her powers.

Paragraph 2: Common provisions

Rule 97

Studies in higher and university education are organized in cycles and courses.

Studies are subdivided into options and guidance, as appropriate.

The higher institutes organize one or two cycles.

Graduate schools and universities organize two or three.

Scientific staff working in higher institutes or higher schools can access a technical or pedagogical third cycle under the exclusive scientific authority of a Congolese or foreign university within the framework of cooperation between public and private universities and higher institutes.

Rule 98

The Licensing – Masters – Doctorate system is established.

The purpose of this system is to:

1. To harmonize the curriculum of higher and university education;
2. Promoting the mobility of teaching staff and students worldwide.

The three cycles are 3 years for the license, 2 years for the Master's degree and 3-5 years for the Doctorate.

The organization, operation and practical modalities for the implementation of this system are determined by regulation.

Rule 99

The academic year has two semesters of 15 weeks each including actual teaching-learning activities, practical work, internships and evaluations.

Rule 100

Graduates of each cycle are covered by the rank whose appellations are fixed by a decree of the Prime Minister deliberated in council of ministers on proposal of the Minister having higher and university education in his powers after advice of the Higher Academic Council.

Rule 101

No person shall be admitted to a higher or higher education institution if he or she is not a holder of a title sanctioning the end of secondary education or an equivalent title and if he or she does not meet the other conditions of admission established by regulations.

Rule 102

Higher and university educational institutions bear the denomination that appears in the acts of their creation or approval.

Rule 103

The head of higher or university education institution is called:

1. Director General, at the level of higher institutes and higher schools;

2. Rector, at the university level.

Rule 104

When the management of public institutions of national education is the result of a conventional authorization, it is referred to as the “Convention for the Management of State Institutions of National Education”, and the schools subject to it are referred to as “conventional schools”.

Rule 105

The certificate of empowerment determines the conditions for the management of public institutions of national education. These conditions must comply with the general interest requirements of this Act as specified in the terms of reference for this purpose.

Rule 106

At the central government level, an inter-ministerial framework for the planning and evaluation of national education is established, called “National Council of Education”.

The mission of the National Council of Education is to:
1. To study all problems relating to national education;
2. issue opinions and propose solutions to the problems studied;
3. periodically assess the implementation, implementation of the proposed solutions and ensure the quality of national education;
4. Evaluate the results of the educational partnership.

The composition, organization and functioning as well as the functions of the National Council of Education are determined by decree of the Prime Minister deliberated in the Council of Ministers.

Paragraph 3: Special education

Rule 107

Special education is organized for vulnerable groups and specific socio-professional categories, depending on their particular needs.

Rule 108

Special education is provided either in specialized institutions or in special classes incorporated in schools, or by the integration of learners in situations of disability in existing classes of ordinary schools at all levels of education.

He prepares learners for life, develops their physical, intellectual, moral and professional skills.

It promotes their social integration and integration or reintegration into professional life.

Rule 109

Special education structures are designed to provide learners with knowledge and skills, to maintain and improve them.

Rule 110

The State is committed to creating favourable conditions for the development of overdue children through the development of a special curriculum at different levels of national education.

Rule 111

Infrastructure development, special schools and special classes take into account the specific physical condition of students and/or students with disabilities or with special educational needs.

The State is committed to providing assistance to persons with disabilities.

Sub-Section 2: Non-formal Education

Article 112

Non-formal education includes the following activities: school remediation, literacy, learning, vocational training and vocational and continuing education.

Article 113

Non-formal education is provided in special schools, incorporated in schools at the primary, secondary, vocational, higher and university levels as well as in training centres.

She prepares learners for life, develops their physical, intellectual, moral and professional skills.

It promotes their social integration and integration or reintegration into social and professional life.

Paragraph 1: School remediation

Article 114

The aim of school catching is to:

1. Ensuring the integration of children of primary school age and the school reintegration of those who have experienced a break in their primary school cycle in order to acquire knowledge, skills and skills for individual and collective well-being;
2. develop the capacity of the child to develop intellectually and professionally;
3. to bring the child into good and harmonious integration into society;
4. assist the child in further education.

Rule 115

School catching is organized in a cycle of 3 years. It corresponds to the basic training provided at the primary level of formal education.

Article 116

The school catch-up year has a minimum of 190 and a maximum of 200 classroom days, totaling 852 hours of effective participation in the course.

Paragraph 2: Literacy

Article 117

Literacy is divided into literacy education for young people and functional literacy for adults.

Article 118

The aim of the schooling literacy is to provide the learner with the skills of reading, calculating, writing and environmental education in order to bring him to the learning of a profession of his choice.

It is organized in a level of three cycles of 9 months each sanctioned by a certificate.

Rule 119

The objective of functional literacy is to provide the learner with, in addition to the traditional skills of reading, calculating and writing, the notions of the profession that he exercises to make him more efficient in order to better self-care and active participation in the development of his socio-economic environment.

It is organized in a single cycle, not exceeding 12 months, sanctioned by a certificate.

Paragraph 3: Professional Learning

Rule 120

Vocational learning is designed to provide the learner with professional skills in a given trade based on the relevant repositories and modules.

Rule 121

Any person who has attained the last level of basic education or holds a literacy certificate is admitted to vocational training.

Article 122

The duration of professional learning varies between one and three years depending on the chosen option.

Professional learning is sanctioned by a certificate of professional fitness.

Paragraph 4: Vocational training

Article 123

Vocational training is designed to train skilled workers and practitioners who are able to work in both the public and private sectors or on their own behalf.

The duration of vocational training is from 1 to 4 years depending on the education sector.

Paragraph 5: Adult education

Rule 124

Adult education includes:

1. permanent education;

2. Promotional education that gives access to qualified training.

Paragraph 6: Special education

Rule 125

The purpose of special education is to provide school education to vulnerable and supposedly marginalized groups and to specific social categories.

It aims at the socio-professional integration of these groups by the acquisition of the basic tools and skills necessary to meet their special needs.

SECTION 2: DE L’ADMINISTRATION ET DES ORGANES

Paragraph 1: From the administration

Rule 126

The administration of primary, secondary and vocational education includes the central, provincial and local administration as well as the management of the institution.

Paragraph 2: Organs of the administration of maternal, primary, secondary and vocational education

Article 127

Organs of the administration of maternal, primary, secondary and vocational education are:
1. the Ministry of Government having the teaching in its powers;

2. the competent provincial department;

3. decentralized territorial entities;

4. structures for the management of public institutions that have been granted national education;

5. the provincial committee;

6. the provincial commission;

7. the school management board;

8. the direction of the school;

9. the school committee of the parents;

10. The student committee.

Their missions and roles are defined by regulation.

Rule 128

The modalities for the establishment, organization and operation, as well as the responsibilities of the management structures of the publicly-contained institutions of maternal, primary, secondary and vocational education, are defined by a decree of the Minister of the Central Government having this sector of activities in his or her responsibilities.

Paragraph 3: Organs of the administration of higher and university education

Rule 129

The administrative bodies of higher and university education are:

1. the Ministry of the Central Government having higher and university education in its responsibilities;

2. the higher academic council;

3. the board of universities;

4. the board of directors of higher technical, artistic and technological institutes;

5. the board of directors of higher educational institutions;

6. the board of the higher schools;

7. the Council of Higher Education and Private University;

8. the board of the establishment;

9. the management committee;

10. the rector or Director General as appropriate;

11. the faculty or section board;

12. the department board.

The organization and functioning of these bodies are determined by the order of the President of the Republic.

Paragraph 4: Non-formal education bodies

Rule 130

Non-formal education bodies are:

1. the inter-ministerial committee for the consultation and harmonization of curricula;

2. the Ministry of the Central Government having the coordination of non-formal education in its functions;

3. the provincial department with this sector in its responsibilities;

4. the centre management committee;

5. the center chief.

The composition and organization of these bodies are determined by regulation.

CHAPTER II:

Article 131

National education is a public service provided in accredited public and private institutions.

SECTION 1: PUBLIC AND AGREEMENT FEATURES


Paragraph 1: State institutions of maternal, primary, secondary and vocational education

Rule 132

The public institutions of maternal, primary, secondary and vocational education are managed, either directly by the public authorities or by the private, natural or legal persons, with a mandate in accordance with the terms set out in this Act.

Article 133

The management of public institutions is direct if the Government ensures its operation with its own human, material and financial resources.

Rule 134

The management of public institutions is indirect if the authorities enter into a management agreement with a private, physical or legal person, within the framework of the educational partnership adopted as a strategy and mode of management.

Rule 135

Indirect management requires government, including heritage management, management of teaching staff, operation of institutions and management offices.

Rule 136

The provisions of sections 132 to 135 of this Act apply mutatis mutandis to public institutions of higher and university education

Paragraph 2: Private establishments accredited

Rule 137

Private institutions accredited to higher and university education are private legal entities pursuing a public utility mission.

Article 138

Registered private educational institutions are managed by their promoters and subject to government control.

The modalities of their operation shall be determined by their statutes.

SECTION 2: PUBLIC AND PRIVACY ISSUES IN NON-FORMAL EDUCATION

Paragraph 1: Public institutions

Article 139

Public institutions of non-formal education are socio-educational services created and managed by the public authorities.

The modalities of their operation shall be determined by regulation.

Paragraph 2: Private establishments accredited

Rule 140

Private institutions accredited to non-formal education are socio-educational services created and managed by the private.

They are subject to government control.

The modalities of their operation shall be determined by their statutes.

SECTION 3: PROVISIONS FOR PUBLIC AND AGREED Abatements

Article 141

Any national educational institution shall, without distinction as to origin, religion, race, sex, ethnicity, opinion, any student or student meeting the conditions set out in this Act.

Article 142

No national educational institution may open a new class, a new section, a new faculty or option, without the prior authorization of the Minister of the Central Government having education in his or her powers or the Governor of the Province as the case may be.

Rule 143

The Minister of Higher Education and University regulates the operation of institutions, related research centres and specialized services.

Each public or private institution of primary, secondary and vocational education and non-formal education shall develop its rules of procedure in accordance with the guidelines and instructions of the competent authority.

Article 144

When the conditions for the establishment of a national educational institution have been filled with irregularities or those of organization and operation are no longer met, the competent authority shall temporarily or definitively close.

In the event of a final closure of the institution, the competent authority shall, where appropriate, distribute the students or students in other institutions.

The same arrangements are made for staff in the public establishment.

SECTION 4:

Rule 145

Approved public or private institutions of maternal, primary, secondary and vocational education are subject to educational, administrative, financial and health control in accordance with the prescribed procedure.

Monitoring of maternal, primary, secondary and vocational education as well as continuing teacher training and educational evaluation are exercised by the Inspectors’ Corps.

Article 146

The Corps of Inspectors in maternal, primary, secondary and vocational education is governed by the status of career staff in State public services.

He reports to the Minister with maternal, primary, secondary and vocational education in his duties.

The organization and operation of this body are determined by decree of the Prime Minister deliberated in the Council of Ministers.

Rule 147

State institutions of higher education and university education are subject to the academic, administrative, financial and heritage control of the Government, in accordance with the terms set out in the regulations.

Monitoring is carried out by an ad hoc commission in specific areas.

Article 148

Private institutions of higher and university education are subject to the Government ' s academic control in accordance with the terms and conditions set out in the regulations.

Institutions that have benefited from State subsidies are also subject to financial control.

Rule 149

A Corps of Inspectors is established within each department with the sub-sector of non-formal education in its responsibilities.

Article 150

The staff of the Non-formal Education Inspectors Unit is governed by the status of career staff of State public services.

SECTION 5: COMPETENCES WITH REGARD TO ORGANIZATION AND MANAGEMENT OF TRAINING

Paragraph 1: Competences of central power

Article 151

In accordance with article 202 points 22, 23, 30, 31, 32, 33 and 34 of the Constitution, the central authority shall exercise exclusive jurisdiction over:

1. universities and other institutions of higher scientific, technical or professional education, established or subsidized by it or by provincial governments and declared of national interest by a national law;

2. the establishment of general standards of national education applicable to the whole extent of the Republic;

3. appointment and assignment of provincial inspectors of maternal, primary, secondary, professional and special education;

4. statistics and school censuses at the national level;

5. planning of national education;

6. scientific and technological research;

7. the national master plan for basic school infrastructure development.

As such, he:

1. Develops the general plan for the development of national education and integrates it into that of the socio-economic development of the country;

2. sets out the structures of national education;

3. defines curricula and standards relating to educational and academic instruments;

4. sets out general standards for the evaluation and sanction of studies;

5. enacts the general principles of the administrative organization of educational institutions;

6. defines general principles for the management and supervision of educational institutions;

7. develop the programme budget by objectives of public institutions of national education;

8. defines the standards for the mobilization of resources necessary for the functioning of national education;

9. sets standards for the qualification and management of national teaching staff;

10. produces and maintains academic and academic statistics;

11. determines the general principles of administrative, educational, financial, heritage, medical inspection of national educational institutions and academic inspection;

12. determines the model of academic and academic titles and establishes the rules of equivalence with those of third countries;

13. concludes international cooperation agreements on education.

Rule 152

Without prejudice to the powers provided for in the Constitution, the Central Power shall appoint:

1. and affects the heads of provincial divisions and provincial primary school inspectors;
2. and affects provincial directors of the Teachers' Control and Pay Service;
3. heads of provincial sub-divisions of primary, secondary and vocational education;

4. Provincial, sub-provincial, diocesan and community coordinators on the proposal of the legal representative of the school management association.

Rule 153

The President and Vice-President of the Board of Directors and the Rector and the Director General of Public Institutions are elected by their peers in a gender-sensitive manner.

They are invested by the order of the President of the Republic.

The Academic Secretary-General, the Administrative Secretary-General and the Budget Officer shall be appointed by the Minister with higher and university education in his office.

Their term is four years renewable once.

Article 154

The Central Authority is the guarantor of the preservation of national cultural identity. In this regard, the Committee shall, inter alia, ensure that:

1. non-discrimination in national education regardless of ethnic or racial affiliation, social conditions, sex and religious options;

2. the ethical, scientific, educational and educational value of the academic and academic programs as well as the moral and professional value of the teaching staff.

Paragraph 2: Skills of the Province

Article 155

The province has exclusive jurisdiction, in accordance with article 204, points 13 and 29 of the Constitution in the field of:
1. maternal, primary, secondary, vocational and special education as well as citizen literacy in accordance with the standards established by the central government;
2. provincial planning.

As such, she:

1. enacts measures to implement the standards established by the State with regard to the organization and management of maternal, primary, secondary, vocational and special educational institutions located in its respective jurisdictions, taking into account the specificities of those institutions;
2. develops and implements its local education development plan in accordance with the general plan for the development of national education;
3. manages maternal, primary, secondary, vocational and non-formal education institutions established on its initiative or on the initiative of the State whose management is entrusted to the provincial authority.

Article 156

Without prejudice to the constitutional powers, the Provincial Government shall:

1. the allocation and transfer of heads of public institutions on the proposal of the head of the provincial division of maternal, primary, secondary and vocational education;
2. control of the educational institutions of the territorial entities decentralized by the inspectors.

Article 157

The control referred to in paragraph 2 of section 156 is a guardianship control exercised by the Governor of the Province or by delegation under the conditions prescribed by this Act.

This control is exercised a priori for acts that can lead to structured relations, regardless of form, including with foreign States, the territorial entities of foreign States, foreign Tile non-governmental organizations or organizations of the United Nations system.
This control is a posteriori for all other acts, including those relating to the planning and development of educational projects.

Paragraph 3: Decentralized territorial entities

Article 158

Decentralised territorial entities, i.e. the city, commune, sector or chiefdom, have specific national education skills, in accordance with the standards established by law.

Rule 159

In teaching, the city is competent to:

1. To promote any initiative to establish primary, secondary, vocational and special educational institutions and non-formal education in accordance with the standards established by the State;
2. build, rehabilitate, equip and maintain state school buildings within the city’s jurisdiction;
3. establish and manage cultural centres and libraries in support of schools.

Rule 160

In teaching, the commune is competent to:

1. Promote any initiative to establish primary, secondary, vocational and special educational institutions, as well as those of non-formal education, in accordance with the standards established by the central authority;
2. build and rehabilitate maternal buildings and facilities;
3. organize the maternal institutions of the spring;
4. establish non-formal education structures;
5. establish and manage cultural centres and libraries in support of schools;
6. Create structures and implement projects of common interest among neighbouring municipalities;
7. To promote partnership with the private sector and non-governmental organizations working in the field;
8. Plan and program the development of teaching.

Article 161

The provisions of section 159 of this Act apply mutatis mutandis to the sector or chiefdom.

Paragraph 4: Competing skills of central and provincial authorities in teaching

Rule 162

Without prejudice to the provisions of articles 152, 154 to 161 and 163 of this Act, the central government and the provinces exercise concurrent jurisdiction in accordance with article 203 of the Constitution in respect of:

1. school statistics and censuses;
2. research and scholarships for study, development and encouragement;
3. establishment of primary, secondary, higher and academic institutions;
4. initiative of international cooperation projects, programmes and agreements in the field of education.

Article 163

The Provincial Governors’ Conference is a forum for policy dialogue and harmonization, legislation and regulations in the field of national education between the central and the provinces, in accordance with the Constitution and the provisions of this Act.

SECTION 6: COMPETENCES IN MATIERE D’ORGANISATION ET DE GESTION DE L’EDUCATION NON FORMELLE

Paragraph 1: Competences of central power

Article 164

The Central Authority, by departments with the organization of non-formal education in their responsibilities:

1. Organizes and equips the services of non-formal education at all levels with substantial technical, material, human and financial means;
2. defines programmes of non-formal education;
3. sets out general standards for the evaluation and sanctioning of training;
4. enacts the general principles of the administrative, educational and educational organization of non-formal educational institutions;
5. defines standards for the mobilization of resources necessary for the functioning of non-formal education;
6. sets standards for the qualification and management of educational personnel;
7. maintains statistics of non-formal education centres;
8. determines the general principles of administrative, educational, educational, financial and health inspection of non-formal educational institutions;
9. determines the model of the titles to be issued and the rules of equivalence;
10. concludes international cooperation agreements;
11. affects provincial non-formal education inspectors.

Paragraph 2: Province skills

Rule 165

The province enacts the enforcement measures established by the central authority for the organization and management of non-formal educational institutions.

Article 166

Without prejudice to the constitutional powers, the Provincial Government shall:

1. the assignment of division leaders and executives;
2. the transfer of division leaders and executives;
3. control by social inspectors of institutions.

Paragraph 3: Decentralized territorial entities

Article 167

Decentralized territorial entities develop and implement, each with respect to it, its local plan for the development of non-formal education, in accordance with the general policy on non-formal education.

Rule 168

Decentralised territorial entities manage non-formal educational institutions established at their initiative or by the public authorities, whose management is entrusted to them.

They control registered private institutions.

CHAPTER 3: FINANCING OF NATIONAL SENSE

Rule 169

The budget of public institutions of national education is first integrated into the budget of decentralized territorial entities, then in the provincial and state budgets.

Rule 170

Approved public and private institutions of national education receive funding according to the following categories:

1. For State-run educational institutions, the following are:

a. Grants from the T-Central Government, the provinces and decentralized territorial entities;
b. Products of self-financing institutions;
c. contributions of national and international bodies;
d. gifts and bequests;

2. For public educational institutions managed by private bodies that have signed a convention with the State, or having received a mandate from the State, the following are:
a. Grants from the Central Government, the provinces and decentralized territorial entities;
b. contributions of natural and managerial persons;
c. contributions of national enterprises;
d. contributions by national and international bodies;

e. Products of self-financing institutions;
f. gifts and bequests.

3. for registered private establishments, this includes:
a. Grants of the promoter, natural or legal person;
b. Third party grants, natural or legal person;
c. Parental contributions;
d. revenues from the self-financing of institutions;
e. gifts and bequests;
f. Grants from the Central Government, the provinces or decentralized territorial entities.

Article 171

With regard to the management of national public educational institutions, decentralized territorial entities, the provinces and, where appropriate, the central authority are responsible for:

1. constructions;
2. repairs and equipment;
3. rental and maintenance costs;
4. the teaching, academic, scientific, administrative, technical and worker staff;
5. water and electricity consumption costs;
6. teaching and logistics equipment;
7. scholarship and medical care.

For registered private educational institutions, the Central Authority shall, if purchased, be responsible for one or more charges listed in the preceding paragraph.

Rule 172

Institutions, approved public and private centres of national education can create and develop self-financing activities.

These activities are regulated.

Article 173

Economic operators who contribute to the expenses of national educational institutions, are entitled to a tax discount in accordance with the standards determined by regulation.


Rule 174

Any natural or legal person, manager or promoter of a national educational institution shall benefit from the tax and customs benefits for any import intended for the specific needs of that institution.

Rule 175

The budgets of public institutions of national education are prepared in accordance with the instructions of the department with the budget in its responsibilities.

Revenues and expenses of public institutions of national education are recorded in accordance with the Financial Law and the General Regulation on Public Accounts.

Rule 176

The budget of the national public educational institution is managed by:
1. the head of institution, under the control of the management board at the level of maternal, primary, secondary and vocational education;
2. the management committee at the level of higher and university education;

3. the head of non-formal education institution.

Article 177

The Minerval is established by the Central Government for all State institutions of national education, with the exception of basic education which benefits from free education.

School fees in public institutions of primary, secondary and vocational education and non-formal education are determined by Governor’s order on the proposal of the provincial commission of primary, secondary and vocational education and the provincial non-formal education service.

Academic fees in public institutions are fixed by the Minister with higher and university education in his or her powers after the advice of the coordination of students, the administrative bodies, the teaching staff and the management committee.

The revenues generated by the academic fees are mainly allocated to the institution for the improvement of the quality of teaching.

Article 178

The boarding costs in public educational institutions are determined jointly by the institution manager, the parent committee and the representative of the public authorities.

The costs of the student’s residences are fixed by the institution’s board.

Article 180

The school and boarding fees at a private registered national educational institution are set by the promoter in consultation with the parent committee and the representative of the public authorities.

Academic fees in an accredited private institution are fixed by the promoter, after consultation with the coordination of the students and the board of the accredited higher and private university education.

Article 181

Classic books and objects intended for individual use of students are dependent on parents.

Article 182

The State may grant students loans to the conditions determined by regulation.

CHAPTER 4: COMMON MATERIALS TO ALL THE LEVELS OF

SECTION 1: THE EDUCATIF ROLE OF THE FAMILY AND

Article 183

The family and the school contribute to the realization of the purpose of national education by helping the learner to properly perform his duties in accordance with social norms while enjoying the rights and freedoms recognized to him.

Article 184

The family, the first educational community, must include:

1. be the first model for the child;
2. develop in the child the sense of sharing, autonomy, creativity, solidarity, justice, responsibility, through attitudes such as respect for the common and public good, mutual respect and the elderly, availability;
3. cultivate, through educational causes, moral, spiritual, civic and environmental values;
4. provide the child with a framework conducive to his intellectual development;
5. protect young people from social influences that could harm their personality in full maturity.

Article 185

The school must include:

1. contribute to the education of the learner already initiated in the family;
2. Organize the initiation of the learner in intellectual activities;
3. inculcate the civic, patriotic and environmental sense;
4. help the child to express himself and develop all his abilities;
5. cultivate by learning the spirit of initiative, volunteerism and entrepreneurship;
6. To offer a model of life to the learner so that he enters into active life through initiation to manual activity;
7. help the child to choose a course of study taking into account his or her abilities, tastes and interests.

SECTION 2: DE L’ASSISTANCE MEDICO-PSYCHO-SOCIALE ET DE L’ORIENTATION SCOLAIRE

Article 186

National education provides the learner with the necessary medical-psycho-social assistance. It makes it accessible to it information and academic and vocational guidance to ensure its autonomy and promote the liberation of its creativity.

It is organized in national educational institutions a compulsory preventive medicine service.

The organization and operation of these services is determined by regulation.

SECTION 3: PARA-SCOLARIES AND PARA-ACADEMIQUE ACTIVITIES

Article 187

National education organizes extracurricular and para-academic activities, including sports, theatre, cinema and excursions to promote the full development of the learner.

SECTION 4: TRAINING PROGRAMMES

Article 188

Training programmes are developed by ad hoc commissions, in accordance with the educational purposes defined in this Act. They are regularly evaluated and adapted. They take into account the realities of the country and the technological development of the world.

Without prejudice to this provision, national educational institutions may organize specific programmes in initial or continuing education, resulting in diplomas or certificates of higher or university institutions that may be accredited by the Ministry of Trusteeship, after the advice of the competent bodies.

Rule 189

The content of the programs at the primary level is focused on mastering the basic tools of subsequent learning, on a table of values and on the study of the environment.

Rule 190

Secondary level training focuses on the professionalization of some sections that leads to employment.

Professionalization helps to avoid the inadequacy between the program of a given sector and the practice of the trade.

Article 191

For higher and university education, the Central Authority defines a national program that leaves the student sufficient time for personal work. This program provides initiation activities to research, production and job creation.

The specificities of the programmes of private educational institutions as well as the specific programmes of public institutions leading to scientific diplomas are approved by the Minister with higher and university education in his responsibilities.

Rule 192

Training programmes include teaching appropriate new technologies and learning foreign languages that meet the needs of the country.

SECTION 5 : DE L’EVALUATION ET DE LA SANCTION DES ETUDES

Article 193

The end of the different levels of national education is assessed and sanctioned as follows:

1. the primary level by a national completion examination and a certificate.

2. the secondary level:
a. General secondary education through a national test of selection and academic and vocational guidance and a patent;
b. the short cycle of professional education through examinations, internship and professional jury and a degree of professional fitness;
c. the long cycle of general, normal and technical education through State examination and a State degree.

Article 194

The higher and university level is assessed and sanctioned for:

a. the first cycle by internships, examinations and the presentation and/or defence of end-of-cycle work, sanctioned by a degree of licence;
b. the second cycle by internships, examinations, presentation and defence of a memory, sanctioned by a master’s degree;
c. the third cycle by examinations, the degree of in-depth studies, the presentation and public support of an unpublished thesis, sanctioned by a doctor’s degree or a degree in medicine.

SECTION 6: LANGUAGES

Article 195

French is the language of instruction.

National languages or languages of the environment are used as a medium of teaching and learning and as a discipline. Their use in different levels and cycles of national education is regulated.

The most important foreign languages in our economic, political and diplomatic relations are established as languages of learning and discipline.

SECTION 7: DIDACTICAL MATERIAL

Article 196

The textbooks and teaching materials to be used in national educational institutions are in accordance with the standards and programmes established by the central government.

Educational institutions can use other means that can make learning more effective.

Article 197

Each institution has a library or media library and other educational infrastructure specific to the type of teaching provided.

SECTION 8: DE L’ASSURANCE SCOLAIRE

Article 198

Students and students at national educational institutions provide insurance against the risks of accidents that they may be victims on the journey, inside their schools and during the time they are under the effective supervision of their attendants.

SECTION 9 : DE LA COOPERATION EN MATIERE D’EDUCATION

Article 199

National education is open to bilateral and multilateral cooperation.

This includes the transfer and control of technologies, the exchange of teachers, experts and students, and the award of scholarships, the development and rehabilitation of infrastructure and education equipment.

It is based on the principle of respect and mutual benefits.

CHAPTER V: HUMAN RESOURCES MANAGEMENT

SECTION 1: RIGHTS AND OBLIGATIONS OF THE PERSONNEL OF NATIONAL SENSE

Rule 200

National teaching staff are entitled to fair and honourable remuneration, decent social and professional conditions and a motivating consideration.

The staff of public institutions of national education has the right to participate in the management of the institution and to form trade union associations for the defence and promotion of its interests.

Article 201

National teaching staff demonstrate high human, moral, intellectual and professional qualities, high sense of personal and collective responsibility.

It shows a spirit of initiative, civic awareness and respect for the common good, professional regulations and the code of ethics.

SECTION 2: HUMAN RIGHTS AND OBLIGATIONS

Article 202

Students are entitled to:

1. quality education;
2. the necessary assistance from the central government, the provinces, decentralized territorial entities, educational partners and society for the development of their personality and their harmonious social integration.

Article 203

Learners are obliged to:

1. Respect the laws of the Republic;
2. act according to moral and civic principles;
3. comply with the regulations governing national educational institutions;
4. Assimilate the subjects taught;
5. To promote in themselves the culture of excellence;
6. To participate in all educational activities organized by national educational institutions;
7. radiate in society.

Rule 204

Every student has the right to information and enjoys freedom of expression in the premises and premises of the institutions of higher and university education insofar as the exercise of this freedom does not affect the normal functioning of these institutions, the student community life and the activities of the teaching, administrative, technical and workers.

Rule 205

The student participates in the management of the institution that receives it and the services of social works under the conditions determined by regulation.

It also participates in the organization of cultural and sports activities within the framework of associations regularly formed and operating in accordance with their statutes.

These associations can benefit from the material and financial support of the State.

Rule 206

Under existing laws and regulations, students may form associations or organizations that are intended to defend their interests.

Rule 207

Without prejudice to the application of other legal or regulatory provisions, acts contrary to this Act expose students who contravene disciplinary sanctions according to a prescribed procedure.

Article 208

Students with disabilities benefit from special measures in reception facilities, in accordance with the relevant legal and regulatory provisions.

SECTION 3: THE PERSONNEL OF ENSURE

Paragraph 1: Staff of public maternal, primary, secondary and vocational schools

Article 209

The staff of public institutions for maternal, primary and secondary education are divided into three categories:

1. the teaching staff;
2. the administrative staff;
3. technical and labour personnel.

This staff is governed by the special status of teaching staff.

Paragraph 2: Public and private staff of higher and university education

Article 210

The staff of higher education and public university includes:
1. The teaching staff;
2. Research and documentation staff;
3. Administrative, technical and labour personnel.

Article 211

The staff of higher and university institutions, related research centres and specialized services are governed by a special status.

Article 212

Staff of registered private institutions of a maternal, primary, secondary, higher and university level are governed by the provisions of the Labour Code and the specific status of each institution.

Paragraph 3: Staff of public non-formal educational institutions

Article 213

The staff of public non-formal education institutions include:
1. the teaching staff;
2. the administrative staff;
3. technical and labour personnel.

This staff is governed by the status of career staff of State public services.

CHAPTER VI: INFRASTRUCTURES AND EQUIPMENTS

Article 214

The educational or andragogical activity is carried out in the appropriate infrastructure. It has a substantial educational support and ensures the effective use of it by all learners.

To this end, the State or the promoter encourages the local design and production of textbooks and pedagogical-andragogical materials, which are essential at each level by using national potentialities to properly equip educational institutions.

It identifies the human, institutional and material resources available to the country to achieve these objectives.

It exploits the potential of the educational institution’s setting environment as teaching material.

It ensures continuous maintenance of equipment.

Article 215

In order to allow public institutions to carry out their missions, the State gives them in full ownership and free capacity, the furniture and buildings of the private domain of the State necessary to carry out their activities.

These transfers do not give rise to any tax, right and tax of any kind.

Article 216

Departments with the responsibility of national education organize a documentation and archives service that is determined by regulation.

Article 217

National education develops within the population the culture of maintenance, the sense of prospecting and respect for the common good.

TITRE IV : DE LA SEARCH IN SUPERIOR AND UNIVERSITARY EQUIREMENTS

Article 218

Research in higher and university educational institutions aims at the development of science for the transformation of society.

It is the engine for development. For this purpose, it is provided with substantial resources.

Subject to respect for the law, public order and good morals, research is free.

Article 219

National educational institutions, particularly at the higher and university levels, are privileged partners in research activities.

Rule 220

Public authorities and various development actors prioritize national services, structures and researchers in higher and university education to maximize the availability of human, material and financial resources.

Article 221

The organization and management of research in higher and university institutions are regulated by regulation.

PART V: DISCIPLINARY REGIME

CHAPTER I: INFRACTIONS AND SANCTIONS

SECTION 1: ADMINISTRATIVE PROCEDURE

Article 222

The administrative procedure in disciplinary matters in public institutions of national education is governed by the laws and the particular statute.

Article 223

Without prejudice to criminal sanctions, academic or academic fraud in all its forms is punishable by administrative penalties provided for by regulatory provisions.

SECTION 2: INSTRUMENTS

Article 224

Any failure to comply with the requirements of this Act and the regulations made pursuant to its provisions, as well as any abuse in a educational institution, constitutes serious breaches and is sanctioned by the competent authorities, in accordance with specific laws and regulations.

Article 225

It is prohibited for teaching, academic, scientific, administrative and technical staff, any other member of the academic or academic community and any other person to:
1. To exploit students for purposes contrary to the laws of the country, public order and good morals;
2. recruit students in the armed forces, the national police or any other insurrectional or armed group;
3. conduct the recruitment of students by unfair means, including attacks or denigratations of other educational institutions.

Article 226

It is prohibited for teaching, academic, scientific, administrative and technical staff, any other member of the academic or academic community, and any other person to:

1. To exploit students for purposes contrary to their status and the objectives of their training;
2. to commit themselves to acts that violate the dignity of their profession;
3. perform, teach or teach students, students or any other learners in an institution that does not meet the viability requirements of this Act and the specific regulations;
4. grant or grant a school or academic document to a student, student, learner or any other person who does not meet the requirements of this Act and any particular legislation.

Article 227

Any attempt to:

1. improperly incite the obligor of the school obligation to place the child in a specified school;
2. to infringe upon the freedom of education as defined in article 3 of this Law;
3. to prevent the obligor from performing his or her duties.

Article 228

The school obligation referred to in sections 72 of this Act is the responsibility of the parents or of the person who actually exercises parental or guardianship authority over the child.

This obligation is assumed with responsibility.

Article 229

No one can expect the freedom of national teaching staff in order to obtain for himself or for his protection an academic or academic advantage.

Rule 230

Particularly referred to in section 225 of this Act, assault, violence, threats or pressures that are feared by the above-mentioned persons to lose their employment or to have their own persons, families or property exposed to any harm.

Article 231

A penalty of imprisonment for six months and a fine of CF 100,000 or only one of these penalties shall be imposed on anyone who contravenes the provisions of section 142 of this Act.

Article 232

The head of household who fails to meet the school obligation provided for in section 72 of this Act, shall be punished in accordance with the provisions of the Family Code, unless there is evidence of a justified refusal of access to his or her children or in the event of unavailability.

Article 233

The quality of the teacher is an aggravating circumstance for all acts punishable by this Act.

Article 234

Without prejudice to the provisions of the Criminal Code, any person who engages in the acts referred to in article 223 of this Act shall be punished by imprisonment for a maximum of three months and a fine of 50,000 to 100,000 CF or only one of these penalties.

The penalties are doubled when the offender is a teacher.

Article 235

A penalty of imprisonment of not less than six months and a fine of not less than 50,000 to 100,000 CF or one of these penalties shall be imposed on anyone who commits to the acts referred to in sections 225 and 226 of this Act.

The penalties are doubled when the perpetrator of the offence is a head of the family.

Article 236

It is punishable in accordance with the criminal code, the perpetrator of the attack on the child, the student, the student, the student and other learner.

Article 237

Any open educational institution in violation of this Act shall be closed by the competent authority.

PART VI: SPECIAL, TRANSITIONAL, ABROGATOIRES AND FINAL PROVISIONS

Article 238

Within twelve months of the promulgation of this Act, the Government is required to take all regulatory measures for enforcement.

Article 239

Any existing registered public or private establishment is required to comply with this Act and the enforcement measures referred to in section 238 of this Act.

Rule 240

All provisions not provided for in this Act are regulated by specific laws and regulations.

Article 241

Any earlier provisions contrary to this Act are repealed.

Article 242

This Act comes into force on the date of its promulgation.

Done in Kinshasa, 11 February 2014

Joseph KABILA KABANGE