Circular 11/2015/ttlt-Bgddt-Bnv: Guidance On The Functions, Duties, Powers And Organizational Structure Of The Department Of Education And Training In The Province People's Committee, The City In Central Ươ ...

Original Language Title: Thông tư liên tịch 11/2015/TTLT-BGDĐT-BNV: Hướng dẫn về chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Sở Giáo dục và Đào tạo thuộc Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ươ...

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CIRCULAR guide on the functions, duties, powers and organizational structure of the Department of education and training Department of the provincial people's Committee, the central cities, the education and training Department of the people's Committee of the district, County, city, town in the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions duties, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 32/2008/ND-CP dated 19 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of education and training;
 Pursuant to Decree No. 58/2014/ND-CP dated 16 June 2014 Government's functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 24/2014/ND-CP dated April 4, 2014, the Government's regulation organization to the professional body in the people's committees of provinces and cities under central;
Pursuant to Decree No. 37/2014/ND-CP dated May 5, 2014, the Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;
Pursuant to Decree No. 115/2010/ND-CP on December 24, 2010 the Government's governance responsibilities in education;
The Minister of education and training and the Minister of the Interior instructed about tasks, functions, powers and organization of the Department of education and training in the province people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee), education and training Department of the people's Committee of the district , district, town, city in the province (hereinafter referred to as the people's committees at district level).
Chapter I the DEPARTMENT of EDUCATION and Training 1. The position and function 1. The Department of education and training is the professional body in the provincial people's Committee; perform staff functions, helping the provincial people's Committee on education governance and local training as prescribed by the law and follow assigned or authorized by the provincial people's Committee, Chairman of the provincial people's Committee.
2. The Department of education and training has a legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the provincial people's Committee; subject to the direction, guidance, test of professional expertise of the Ministry of education and training.
Article 2. Duties and powers 1. The provincial people's Committee: a) draft decisions, only market; planning, long term plan, 5 year and annually; the program, project, scheme; measures for implementation of the tasks of State administration in the field of education and training at local;
b) draft income tuition, entrance fee to the institution in the scope of local management to the provincial people's Committee, the people's Council decided at the same level as prescribed by the law;
c) draft text functions, tasks, powers and organizational structure of the Department of education and training;
d) draft specific guidance functions, tasks, powers and organisation of education and training as specified in item 1 article 10 of Decree 37/2014/ND-CP dated May 5, 2014, the Government's circular and other related legal documents;
the draft text) specifies the conditions, standards, the title for the head, the Deputy Head of the unit in the Department of education and training; Chief, Deputy Head of the education and training Department of the people's Committee at district level.
2. The Chairman of the provincial people's Committee: a) the draft decision on the establishment, merger, splitting, dissolution, for units of the Department;
b) draft decisions on allowing established, merging, splitting, dissolution, transformation of the institution (including the institution of participatory institutions, foreign individuals);
c) draft decisions, individual directives in the field of education and training issued under the authority of the Chairman of the provincial people's Committee.
3. Implementation of the legal text, the planning, the plan after it is approved; information, propaganda, popular, tutorial, education, monitoring the implementation of legislation on education in the scope of management.
4. Implementation and responsible for the certification, licensing, registration, diploma, certification in the scope of responsibility the management of the Department of education and training in accordance with the law and follow assigned or authorized by the provincial people's Committee.
5. Organization of the application of scientific achievements, experience, advanced technologies in education; summarizing experiences, local initiatives; management of scientific research, technology in the institutions subordinated to the Department; construction of the information system hosting service, the management of the Department.
6. Organize, build, the typical worker and perform the emulation rewarded in local education.
7. Instructions, implementation, inspection, inspection of the institutions affiliated to the Department, the education and training on the implementation of the goals, programs, content, educational planning, professional regulation, the implementation of policies for the learner, the conditions of guarantee of public education institutions; the work of recruitment, examination, degree level, review, certification, quality education; the work of universal education, combating illiteracy, social construction in local learning and other educational activities under the guidance of the Ministry of education and training.
8. Guide the construction and general training plan, training teachers, civil servants, officers of the institutions under the jurisdiction of the Department of management; the Organization implemented after being approved by the competent authority.
9. Guide the Organization made the mobilization, management and use of resources to develop the local education; check the implementation of autonomy, the responsibility of the public institution subordinated to the Department under the provisions of the law.
10. The decision to open the training level professional qualification for professional secondary school affiliated to the Department under the Ministry of education and training.
11. The decision to allow the operation of education, the Education Act for the Department of education establishments (not including the Pedagogical College) under the Ministry of education and training.
12. Help provincial people's Committee in the governance of the activities related to the field of education of enterprises, organizations, individuals in the locality; instructions and check the operation of the Assembly, non-governmental organizations in the field of education as defined by local law.
13. Help provincial people's Committee in the governance of the student services organization self-sufficient as prescribed by law; implementation of international cooperation in the field of education under the provisions of the law and of the provincial people's Committee.
14. the provincial people's Committee Helps make check, monitoring compliance with the law on education in ensuring that the conditions of establishment of schools, educational activities, studies, training, quality public education, conditions ensuring the quality of education according to the regulations of the Ministry of education and training.
15. Specific provisions, duties, functions and powers of the Organization in the Department and the institution directly under the Fan.
16. the Chair, in cooperation with the Department of planning and investment appraisals of conditions, criteria for the competent authority granting investment certificate about education for the Organization, foreign individuals; granted, revoked the license of operation; instructions, inspection, inspection of educational activities of the institutions involved in the Organization's investment, foreign individuals under the provisions of the law.
17. the Chairman, in collaboration with the Department of finance, Department of planning and investment to concretize the standards and norms of local education funding; guide the construction and estimating the annual education budget for the Education Department; the decision handed the education budget estimation for the institutions subordinated to the Department after it has been approved by the competent authority; determined, balanced the State budget spent on education each year the competent bodies for approval; check the use of the State budget and other sources of legal income of the local institution.
18. Implementation of the administrative reform, the work of saving practices, anti-corruption, waste; inspection, inspection, complaints, accusations, proposals related to education and handling of violations in accordance with the law.
19. organization management, staffing structure for categories of public officials, public servants, location of job, the officer structure according to the occupations and the number of people working in these establishments; implement mode and salary policies, fostering training, reward, or discipline for public officials, and labor officials in the scope of management in accordance with law and as assigned or authorized by the provincial people's Committee.
20. financial management, property, facilities are assigned according to the provisions of the law and of the provincial people's Committee.
21. Implementation of statistics, information, periodic and annual reports, to report irregular on the Organization and functioning of local education with the provincial people's Committee and the Ministry of education and training.
22. Perform other duties by the people's Committee, Chairman of the provincial people's Committee and in accordance with the law.
Article 3. Leadership education and training 1. The Department of education and training Director, and 3 Deputy Director.
2. The Director of the Department of education and training is responsible to the provincial people's Committee, Chairman of the provincial people's Committee and before the law on the implementation of the functions, duties and powers of the Department of education and training. Specific responsibilities of the Director of the Department of education and training are as follows: a) the base regulation by law and assigned by the provincial people's Committee, issued the regulation of work and direction, check the implementation;

b) responsible to the people's Committee, Chairman of the provincial people's Committee and before the law on the implementation of the functions, duties and powers of the Department of education and training and the work of the people's Committee, Chairman of the provincial people's Committee or authorized assignment. With regard to the problem of excess of jurisdiction or proper authority but not enough ability and conditions settle, the Director of the Department of education and training must be proactive in working with the Director of the Department concerned to complete the profile process of the people's Committee, Chairman of the provincial people's Committee to consider the decision;
c) Have the responsibility to report to the Committee, the Chairman of the provincial people's Committee; Ministries, ministerial agencies of the Organization, the educational activities of the Department of education and training; report, provide documents ahead of the people's Council and people's Committee to grant the request; reply to recommendations of voters, questioned by representatives of provincial councils the problems related to education and training; in collaboration with the Director, the head of socio-political organizations and agencies involved in implementing the Mission of the Department of education and training.
d) base regulation on decentralized management of Organization Department of the provincial people's Committee to decide: appointment, appointment, dismissal, transfer, resignation, demoted the head, Deputy Head of the Education Department (not including the head, the Deputy Head of the pedagogical secondary school Pedagogical College, in the Department); recognition, not the School Board recognized educational institution affiliated to the Department; recognition, not the Board, Chairman of the Board, the principal, vice principal of the institution in addition to the established State management jurisdiction of provincial people's committees, including the College private schools close on the area under the provisions of the law.
3. The Deputy Director of the Department of education and training's Director in charge of one or some of the work, the responsible Director and the law on the duties assigned. When the Director is absent, a Deputy Director of the Department is the Director of the Department of the executive mandate of the operations of the Department.
4. The appointment, appointment, resignation, maneuver, rotation, reward, or discipline, to resignation, retirement and other policy regimes for the Director, the Deputy Director of the Department of education and training because of the people's Committee Chairman issued the decision under the provisions of the law.
Article 4. Organizational structure of the Department of education and training 1. Agency of the Department of education and training to be held not more than 10 units, including: a) the unit was established at the Department of education and training in the province, central cities:-Office;
-The inspection;
-Room personnel;
-Financial accounting;
-Room politics, ideas;
b) departments, other services in the Department of education and training was established in accordance with local characteristics.
The Director of the Department of education and training, coordinating Director of the Department of the Interior the provincial people's Committee decides specific departments, other services in the Department of education and training.
2. The institutions subordinated to the Department of education and training, including: the College of education; pedagogical secondary school; secondary school; schools have multiple levels, including high school level; ethnic schools had boarding high school level; General Technical Center-career; continuing education center; Center of foreign language, and information technology; the school, the class for the disabled; the school, pedagogical practice facility and the other affiliated institution (if any) under the authority of the State management of the provincial people's Committee.
Article 5. Staffing of the Department of education and training 1. Public payroll, the number of people employed by the Department of education and training is delivered on the basis of job positions associated with the function, mandate, scope of activities and is in total payrolls, servant of the number of people employed by the Agency, the administrative organization, business units of the , central cities are delegated authority or approval.
2. The base function, mission, organizational structure and job placement list, the titles of public servants are authorized to approve annually the Department of education and training, in collaboration with the Department of the interior building payroll plan public servants, the number of people employed under the provisions of the law guaranteed task execution process committees population of province level.
Chapter II EDUCATION and Training 6. The position and function 1. Education and training is the professional body in the people's committees at district level; district-level people's committees to help implement state management functions of education and training at local and perform a number of tasks and powers as assigned or authorized by the people's Committee at district level, the President of the people's Committee at district level and in accordance with the law.
2. Education and training have a legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the people's Committee at district level, and subject to the direction, guidance, check on the professional service of the Department of education and training.
Article 7. Duties and powers 1. The people's Committee of the district level: a) the draft text of the guidelines the policy mechanisms, laws, the provisions of the provincial people's Committee on local education activities;
b) the draft decision, directive, planned, planned for 5 years, every year and the programme content, the State administrative reform of local education sector;
c) draft planning network middle school; schools have multiple levels, which do not have the secondary school level; schools that sell ethnic stay; ethnic boarding schools don't have high school level, elementary school; preschool, kindergarten, school, youth groups, kindergarten (preschool educational establishments) locally under the guidance of the Department of education and training and the people's committees at district level.
2. The President of the district-level people's committees to draft the establishment decision (for the public institution), allowing established (for the public outside the institution), merging, splitting, dissolution of the educational institutions (including educational institutions have the investment of organizations foreign individuals), for secondary schools; schools have many levels of learning; in that there is no secondary school level; schools that sell ethnic stay; ethnic boarding schools don't have high school level; elementary school; preschool educational establishments; Recognizing the establishment of community learning centres; the institution has a different name (if any) under the authority of the Management Committee at district level.
3. Guide the Organization made the legal text, program, plans to develop local education, mechanisms, policies about the socialization of education after being approved by the competent authority; mobilization, management and use of resources to develop local education; advocacy, dissemination, legal education and information about education.
4. Instructions, implementation of programs, content, planning, expertise, professional activities, education, universal education and literacy; the work of recruitment, examination, approval, certification, qualification levels for the institutions under the jurisdiction of the people's Committee of management at district level.
5. Chaired the building, estimating the annual education budget; the decision, delivered educational budget estimation for the educational institutions in the district-level people's committees before being approved by the authority; in collaboration with financial-planning the same level determined, balanced the State budget spent on education each year, the local authority for approval; instructions, check the use of the State budget and other sources of legal income for education for the institution in the people's committees at district level.
6. Check the specialization according to the instructions of the Inspector of the Department of education and training; in collaboration with the District Inspector, Inspector of Department of education and training in the inspection activities, the Inspector of education and training locally.
7. The decision to allow the operation of education, the Education Act of the institutions stipulated in paragraph 3 article 8 this circular as prescribed by the Ministry of education and training.
8. building plans and implementation, fostering the training of civil servants, staff of the institutions under the jurisdiction of the people's Committee of management at district level after being approved by the competent authority.
9. Organize the application of scientific achievements, experience, advanced technology, experience, local initiatives in the field of education.
10. oversee the Organization and construction of advanced typical, emulation, commended on education district.
11. Implementation of the administrative reform, work practices, anti-corruption, savings, waste; inspection, inspection, complaints, accusations, proposals related to education and handle breach as defined by law and assigned by the people's Committee at district level.
12. Assist district-level people's committees implement and is responsible for the evaluation, registration, the license type in the scope of authority and responsibility, education and training as prescribed by the law and according to the assignment of committees at district level.
13. Help people's Committee at district level governance for the Association, non-governmental organizations active in the field of education and training in the district under the provisions of the law.
14. professional guide service on the management of education and training for officials and civil servants are assigned in charge of monitoring the work of local education.
15. Manage organizational, staffing structure for categories of public officials, public servants, location of employment; salary regimes and policies, policies, training, reward, or discipline for public servants in the scope of management in accordance with law and as assigned or authorized by the people's Committee at district level.

16. Management and responsible for the finance, property, facilities are assigned according to the provisions of the law and of the people's Committee at district level.
17. Perform statistics, information, periodic and annual reports, reported irregular about the Organization and educational activities under the guidance of the Department of education and training and the people's committees at district level.
18. Perform other duties by the President of the people's Committee at district level and in accordance with the law.
Article 8. Organization and staffing 1. Organization: a) the education and training Rooms have the head, Deputy head and 3 public officials to perform professional expertise;
b) education and training Manager is head of education and training is responsible to the people's Committee, Chairman of the people's Committee at district level and before the law on the implementation of the functions, duties, powers and functioning of education and training, namely :-pursuant to the current provisions of the law and assignment of committees at district level, issued the regulations work, modes of information reported by the room and direction, check the implementation of that regulation;
-Responsible to the people's Committee, Chairman of the people's Committee at district level in performing the functions, duties and powers of the Department of education and training provisions in this circular under the authority and the people's Committee, Chairman of the people's Committee at district level assigned or authorized; practice save against waste and liable to occur when the corruption and waste that cause damage in the bodies and institutions in the management authority;
-Have a responsibility to report to the Committee, the Chairman of the Committee on district level organizations, educational activities of education and training; report, provide documents ahead of the people's Council and people's Committee or the people's committees at district level district level where the pilot not held people's Council when required; in collaboration with the other Manager and head of socio-political organizations at district level to solve the problems involved in the implementation of the tasks of education and training;
-Participate in coordination with the Chief of the Interior made the process, the President of the people's Committee at district level: decided to appoint, appointment, dismissal, transfer, resignation, demoted to the head, Deputy head, recognition, not the School Board recognized the institution directly under the people's Committee at district level; the decision recognizes, does not recognize the Board, Chairman of the Board, the principal, vice principal of the institution in addition to the established authority of State administration of the people's Committee at district level in accordance with the law and decentralized management of Organization Department of the provincial people's Committee;
c) Deputy Head of the education and training to help the Chief Curator and watched some task faces, responsible to the Chief and the law on the duties assigned. When the Chief is absent, a Deputy head is the Chief Executive commissioned works of the room;
d) the appointment, appointment, resignation, maneuver, rotation, reward, or discipline, to resignation, retirement and other policy regimes for the head, Deputy Head of the education and training because of the people's Committee Chairman granted the district decided in accordance with the law.
2. Staffing of the education and training Room a) staffing of the education and training because of the people's Committee Chairman district level decision of civil servants payroll of the district by the competent authority;
b) the layout work for public officials of the education and training are based on the location of the job, and whether the standard of quality, level, the capacity of public servants;
c) base functions, tasks and job positions, the category structure of public servants are approved by the authority, annual education and training, in collaboration with the civil service payroll plans public officials under the law guaranteed the implementation of tasks the authority for approval.
3. The institution in the district-level people's committees: education and training is responsible for helping the people's committees at district level governance for institutions (including educational institutions have the participation of institutions and individuals overseas) Middle School: school; schools have multiple levels, which do not have the secondary school level; schools that sell ethnic stay; ethnic boarding schools don't have high school level; elementary school; preschool institutions.
Chapter III IMPLEMENTATION article 9. Transitional provisions 1. For the Department of education and training are the number of Deputy Directors more than the number of Deputy Directors specified in this circular shall continue to maintain the number of Deputy Directors there to ensure stability. Just added the Vice Director of the Department of education and training when the number of Deputy Director of the Department of education and training we have not yet reached sufficient quantities specified in this circular.
2. With respect to the case was appointed the head of service, the level of Deputy Heads of the bodies, the unit, directly under the Department of education and training before the day this circular effect, if after the sort, full-back event structure of the Department of education and training that only held leadership or be appointed to a new position leadership allowance is lower than the old leadership allowance shall be entitled to retain leadership allowance as defined in decision No 140/2009/QD-TTg dated 31 December 2009 by the Prime Minister on the reserved level leadership for the leadership position in the process of arranging , the whole event organization.
Article 10. Effective enforcement of this circular effect since 12 July 2015 and replacing circular No. 47/2011/TTLT-BGDDT-BNV on October 19, 2010 of the Ministry of education and training and the guidance on the functions, duties, powers, organizational structure and staffing of the Department of education and training in the province people's Committee , central cities, the education and training Department of the people's Committee of the district, County, town, city in the province.
Article 11. Responsibility 1. Pursuant to instruction in this circular, the people's committees of provinces and cities under central specifies the functions, duties, powers, organization of the Department of education and training; guide the people's Committee at district level specifies the functions, duties, powers, organization of education and training.
2. The President of the people's Committee in the province, the city is responsible for centrally organized implementation of this circular.
In the process, if any problems arise or have difficulties and obstacles, the provinces and cities under central timely reflection of the Ministry of education and training and the Ministry of the Interior reviewed, resolved according to jurisdiction./.

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