Advanced Search

Decree 42/2013/nd-Cp: On The Organization And Operation Of Educational Inspection

Original Language Title: Nghị định 42/2013/NĐ-CP: Về tổ chức và hoạt động thanh tra giáo dục

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
THE GOVERNMENT.
Numbers: 42 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 9, 2013

DECREE

V. Education and education.

________________

The Law base. I 25 th Government. Ah! 12 years 200 1 ()

The Law base. I You're on 15. Ah! - 11 in 2010;

The Law base. G. i Ah! o 8 June 2005 and Law S trade, the addition of certain provisions of the Law G. iAustria on November 25, 2009;

The Law base. G. The college shirt on June 18, 2012;

At the suggestion of the Minister of Education and Training ()

Ch I'm The government has issued a decree on the organization and operation of the inspector gi. Ah! o-o Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree rules on the organization and activities of education inspectors including: Organization of Education Inspector; educational inspection of education; bar and education. r A member, a staff member of the education; responsibility and relationship of the agency, the organization, the individual involved in educational inspection.

What? 2. Inspector

1. The institution of preschool, high school education, higher education, regular education, professional middle schools; agencies, organizations, individuals under the management of the state governing body for education.

2. The agency, the organization, the Vietnamese and foreign individuals engaged in educational activities in Vietnam.

3. The agency, the organization, the individual active in the field of vocational education, is not subject to an educational inspection.

What? 3. Apply International Treaty

In the case of international treaties that the Socialist Republic of Vietnam has signed or participated in another regulation with the regulation at this decree, the regulation of that international treaty applies. .

What? 4. Education Inspector Principles

1. Educational inspectors are subject to law, precise, objective, honest, public, democratic, timely.

2. There is no overlap, the object, the content, the timing of the inspection between the agencies performing the inspector function; does not interfere with the normal functioning of the agency, the organization, the individual being the inspector.

3. A combination of state inspectors, internal inspectors of educational institutions and people's inspectors by law.

Chapter II

A EDUCATION INSPECTOR.

M All right 1

INSPECTOR OF EDUCATION AND TRAINING

What? 5. Position, function, organization of Inspector of the Ministry of Education and Training

1. Inspector of the Ministry of Education and Training (later known as Inspector Inspector) l Agency of the Ministry of Education and Training, helping the Minister of Education and Training (later call off) l Minister) governs the state on the inspection of the inspector, addressing complaints, denouncing and prevention, anti-corruption in the field of education; enforcement of the bar. to Administrative, bar. to a specialized in education, resolution of complaint, denouncing and chamber, anti-corruption under the rule of law.

Inspector Department has its seals and accounts.

2. Inspector Department has Chief Inspector, Deputy Chief Inspector, other inspectors and officials.

Chief Inspector of the Ministry of Education and Training (later known as Chief Inspector) chaired by Minister b. socket I'm sorry Yes. n mission, resignation after th Stain. Especially with the Inspector General.

Deputy Chief Inspector of the ministry appointed by the Minister, dismissed from the position at the request of the Chief of Staff to a Ministry.

3. Inspector Department has a service room for the task of being delivered.

4. T I'm to a ministry under the direction of the Minister and the directorship of the Minister of Government's business.

What? 6. Mission, permissions of the Inspector

Inspection of the Ministry of Education and Training on duty, the powers prescribed at Article 18 Law I You look and the duties, the following powers:

1. In state management of education inspectors:

a) Master to hold or participate in the text editor Bitch. n rule of law in accordance with the division of the ministry;

b) Propaganda, disseminism, education of law on inspectors, law of complaint, denouncing and chamber, anti-corruption in the education sector;

c) Manual, Education Inspector of Education for Detective S in Education and Training (later known as Inspector Department), internal inspector of the institutions of higher education, professional middle school; for Ombudman, the education inspector community;

d) Check out the law enforcement of the inspector, law on the complaint, denouncing and chamber, against corruption in the field of education;

All right. p, report results on the inspection work within the state management range of the Ministry of Education and Training.

2. In detective activity:

a) Administrative inspectors and inspectors specialized in the prescribed education at Articles 11, 12, 13, 14, 15, 16 of this decree;

b) The inspector of the incident was concluded by the Provincial People ' s Commission, but found there were signs of violation of the law when the Department. in Deliver.

3. Overall, the experience of sound work. to An education.

4. Perform tasks, other powers by the rule of law or by the repository. in Deliver.

What? 7. Mission, authority of Chief Inspector

Chief Inspector of the Ministry of Operations, the powers prescribed at Article 19 Law I You look and the duties, the following powers:

1. Inspector of responsibility of the Chief Minister of the Agency, unit of the Ministry and of the Okay. n manage l The Ministry of Education and Training in the implementation of the law of the law of inspectors, law on complaint, denouncing and chamber, ch. Stain. Corruption.

2. Report to the Secretary General, the Inspector General of Education on Education.

3. Show vocal collaborators to The education and civil service of the agency, the unit involved in the procedure for inspection in accordance with regulations.

4. Sanctipation of administrative violations in the field of education under the law of law on disposal of administrative violations.

5. Perform tasks, other powers by the rule of law or by the repository. in Deliver.

M All right 2

DEPARTMENT OF EDUCATION AND TRAINING

What? 8. Position, function, organization of Inspector S in

1. The Inspector of the Department is the agency of the Department of Education and Training, which helps the Director of Education and Training (later called the Director) conduct administrative inspectors and bar. to a specialized in education; addressing complaints, denouncing, in the chamber, against corruption in accordance with the rule of law.

Bar to a Service with its own seal and account.

2. Bar to a in There are Chief Inspector, Deputy Chief Inspector, other inspectors and officials.

Chief Inspector of Education and Training (the following calls for Chief Inspector S) in ) from the Director Department appointment, dismissal, resignation after unification with Chief Justice to I'm sorry

Deputy Inspector of the Department for the Director of the appointed, dismissal of the Chief of Staff at the request of the Chief of Staff to The Department.

3. The Inspector is under the direction of the Director, the director of the Director; he is responsible for the vocal work. to a and guide to the Department of Provincial Inspector 's administrative inspector, on Inspector of Education' s education department. to a Ministry.

What? 9. Mission, permissions of the Inspector S in

The Inspector of the Task Service, the powers prescribed at Article 24 Law I You look and the duties, the following powers:

1. Administrative inspectors and academic professions are prescribed at Articles 11, 12, 13, 14, 15, 16 of this decree.

2. Instruct, the coach is a professional inspector general of education for Ombudman, which works as an Inspector of Education and Training, and a local education inspector.

3. In aggregation, the report results on the inspection work of the Department of Education and Training.

4. Overall, the experience of inspection in the state management range of the Department of Education and Training.

5. Perform other duties, other powers under the rule of law or by the Director of the Department.

What? 10. Mission, the powers of Chief Inspector S in

Chief Inspector of the Department for the task of duty, the powers are prescribed at Article 25 of the Law of Inspectoring and the duties, the following powers:

1. The Deputy Chief of responsibility of the Head of the Agency, the unit of the administration of the Department of Education and Training in the implementation of the law on the inspection of the inspector, addressing the complaint, denouncing, and prevention, against corruption.

2. Report to Director S in Chief Inspector, Chief Inspector to a ministry on the inspection work within the scope of his responsibilities.

3. Display the local education inspector community, the agency ' s civil service, the agency. Please. You're involved in the activities of the operation. to Ah.

4. Sanctipation of administrative violations in the field of education under the law of law on disposal of administrative violations.

5. Perform other duties, other powers by the rule of law or by the Guardian. Stain. The delivery.

Chapter III

EDUCATIONAL INSPECTION ACTIVITIES

M All right 1

ADMINISTRATIVE INSPECTOR IN THE FIELD OF EDUCATION

What? 11. Administrative Inspector Content in the field of education

The Inspector of the implementation of the policy, law on education; policy, other legislation is relevant and the mandate, the authority is assigned to the subject of regulation at Clause 1 Article 2 of this decree.

What? 12. Authority, subject to administrative inspector in the field of education

1. Inspector of the Ministry of Education and Training: Thanh to a Administrative of the National University; the regional university; academia, universities, institutes, colleges, professional middle schools, agencies, organizations, individuals under the management of the Ministry of Education and Training; the state business led by the Minister of Education and Training decided to form.

2. Inspector Department, peer-to-order. to a planet for the university, the academy, the institute, the college, to Professional, organizational, organizational, personal, and professional.

3. Provincial Inspector: The administrative inspector for the university, the academy, the institute, the college (not including the universities, academia, the institute, the public college of ministries, the peer-based authority on the site), the agency, the organization, the individual of the right. management of the Provincial Committee of the Provincial People's Provincial Committee.

4. Inspector of the Department of Education and Training: Administrative Inspects for Professional High School (not including the public professional secondary schools c). brew Ministries, peer-based agencies on the site); the department of provincial education management staff; the high school high school, the popular school with a variety of levels including high school levels; regular education centers; agencies, organizations, individuals and others. under the administration of the Department of Education and Training.

5. District inspectors: Administrative Inspecs for the basis of preschool education; primary school, junior high school, the popular school has multiple levels. to That ' s a high school bee. Uh ... The organization, the individual under the management of the District People's Committee on the devolve.

What? 13. Presentation, the administrative bar procedure in the field of education

Sequence, procedure bar procedure in the field of education implementation prescribed at Articles 43, 44, 45, 46, 47, 48, 49, 50 of the Law. I I'm looking.

M All right 2

SPECIALIZED INSPECTOR IN THE FIELD OF EDUCATION

What? 14. Professional Inspector Content in the field of education

1. Build and implement educational programs; compiled, using textbooks, textbooks, documents; production, management, enforcement use, and other educational programs. What? Educated.

2. Establishment, merger, division, separation, dissolution of the institution of education; organization and operation of educational institutions; activities specialized in education of the educational governing body.

3. Implementing a specialized process; opening training; training statute; enforcement of the exam; performing content, educational method; print, management, licensing, etc. What? n equals, certificate .

4. Implementing enrollment, management, education and policy regimes for learnmen.

5. The conditions guarantee the quality of education; the quality of education; the practice of education.

6. Implementing the regulation of procurement, management, use of tuition fees, other financial resources.

7. Management, research. U , transfer, the science of technology.

8. Organization, management of international cooperation in the field of education.

9. Implementing other provisions of the law on education.

What? 15. Authority, quiz i professional inspector in the field of education

1. Inspector Department: Professional inspectors on the Department of Education and Training; universities; colleges, universities, institutes, colleges, professional middle schools, other educational institutions; agencies, organizations, individuals engaged in educational activities.

2. Inspector S in : specialized inspector for the Education and Training Room, abs. in educated preschool, high school education, regular education, specialized schools; universities, institutes, institutes, colleges, professional middle schools (not including higher education institutions, public professional middle schools of ministries and universities). closed on the site) according to the management hierarchy l The state of education; agency, organization, individual participation in local education.

What? 16. Presentation, specialized inspector procedure in the field of education

Sequence, field inspector procedure to The field of education enforcement practices prescribed at Articles 51, 52, 53, 54, 55, 56 of the Law. I I'm to Ah.

Chapter IV

INSPECTOR AND ASSOCIATE PROFESSOR OF EDUCATION

What? 17. Education inspectors

1. The Education Inspector is the official appointment to the inspection tranche to carry out an inspection mission in the field of education at the Inspector General, Inspector of the Department.

2. Education inspectors are granted clothing, inspection cards, and are entitled to the regime, policy, salaries, seniority, professional qualifications and other specific regimes according to the law.

The education inspector has a duty, jurisdiction over the rule of law; must obey the law, bear. to Your ace to the Chief Inspector of the Ministry, Chief Minister Out. The department and before the law on the execution of duty, the powers are delivered.

3. The standard of inspectors tranche; the appointment, dismissal, security conditions operate on the bar. to It's a law enforcement officer.

What? 18. Professor of Education.

1. The Education Inspector collaborator is the non-commissioned person of the educational inspection agency, whose expertise, a career in line with the duty of an education inspector, is given a display authority on the duty of a regular education inspector or by the case. Yeah,

2. The education inspector community is under the scrutiny of the Chief Inspector of the Inspector, Chief of the Inspector, under the supervision of the Chancellor. in Unit, sign of the inspection.

3. The exercise, standard, regime, policy, and budget of the educational inspection community are carried out by law.

Repository in The Ministry of Education and Training specifically regulates the vocal community. to An education.

Chapter V.

RESPONSIBILITY AND THE RELATIONSHIP OF THE AGENCIES, ORGANIZATIONS, INDIVIDUALS IN THE OPERATION OF EDUCATIONAL INSPECTORS.

What? 19. i The Minister of Education and Training.

1. The task of managing the state of education for education.

2. Full-organization, appointment, inspector-bar tranches under jurisdiction; competent officers, qualities as inspector; the decision to recognize the Inspector of Education of the Ministry of Education and Training at the request of the Chief Minister. lookup; secure the v conditions Okay. Facilities, technical equipment that serves the operation of the Inspector of the Department; t socket function, directing the operation of the education inspector within the state management range of the Ministry of Education and Training; timely processing of the conclusions, the payment of the payment. to Ah.

3. Commander Inspector of the Department of Coordination with Inspector of Government, Inspects of ministries, disciplines, Provincial Inspects, Public Security, People ' s Inspection Institute, and other related organs to The bees are active. to a, to resolve the complaint, denounce and defense, against corruption.

4. Program board, bar plan. to a education; instructs to carry out a year-based inspection mission to S in Education and Training, in College education, professional high school.

What? 20. The Minister ' s responsibility, the head of the peer-based agency has an education basis

1. The Director of the Inspector General, the peer-to-state agency, does a state-management hierarchy of education on the education of the ministry's educational institutions, the peer-to-peer agency.

2. Directing, examining educational institutions that are directly in the implementation of the process. Shit. This decree and the relevant legal documents on the inspector, resolve the complaint, denounce, chamber, anti-corruption in the field of education. d Yes.

3. Coordination with the Ministry of Education and Training, local x Yeah. The issues of inspectors, complaints, denouncing, anti-corruption, and corruption of educational institutions. Petition processing, conclusion of the education in the field of education.

What? 21. i The Chair of the Chairman of the People's Committee. billion The Chairman of the People's Committee.

1. Chairman of the Provincial People's Committee:

a) The Provincial Inspector General performs the inspector according to the state management hierarchy on education for educational institutions within the management range of the Provincial People's Committee;

b) Director of the Director of the Department of Education and Training sued the entire education inspector; appointment, dismissal, tranches, inspectors of inspectors of Inspector S in according to the authority; decision of training, compensation Expertise, inspection and policy mode on the working of an education inspector on the recommendation of the Director of the Department of Education and Training;

c) Coordinate with the Ministry to Ministry of Education and Training, Department Inspector; Minister of Ministers, peer-to-peer agency. to The bees operate the inspection, addressing complaints, denouncing and prevention, anti-corruption; petition processing, bar conclusions. to a;

d) The commander of the Inspector Provincial Department of the Department of Administrative Inspects, the resolution of the complaint, denouncing, and the chamber, against corruption for the Inspector of the Department.

2. Chairman of the People's Committee:

a) Directed the implementation of the inspector in the field of education according to the state management hierarchy on the education of the District People ' s Commission;

b) In collaboration with the Director of Education and Training, Thanh to a Department and related agencies in the operation of the inspection, addressing complaints, denouncing and prevention, anti-corruption; l The petition, the comment. l Education:

c) The Director of the Inspector District of the Training District of the Training of Complefactors, denouncing, defence, anti-corruption and public receptability to the Head of Education and Training.

What? 22. Don't The Director of the Department of Education. Okay. c and Dig Yes. o

1. The Staff of the Chairman of the Provincial People's Committee sued the entire organization of the Inspector of the Department, appointment, dismissal, tranche, inspection of the Inspector of the Department under jurisdiction; competent staff, qualities, sufficient guarantees of sufficient amounts, structures to complete the task. the inspector general; the decision to recognize the Chief Inspector of the Department at the request of the Chief of Staff to a Service; the decision to recognize the vocal partner to a of the Department of Education and Training at the suggestion of the Head of the Education and Training Department; ensuring the conditions of the facilities, the technical equipment catering to the operation of the Inspector S. in ; organized, directing the activity of the education inspector within the state management range of the Department of Education and Training; timely processing of the conclusions, the inspection petition.

2. The board. to The plan for an education inspection; the guidance of a five-year-based inspection mission to the educational institution of the state administration of the Department of Education and Training.

3. In coordination with the Ombudman, the Provincial Inspector, Inspector of the Department, Ban, the department of the province, Inspector of the District, Public Security, the Institute of Human Services and the Tangible Agencies in the Inspector ' s operation, addressing complaints, charges and rooms, anti-corruption; petition processing, I'm sorry, Detective.

4. Director of the Inspector Training Department of Education majorated in education for the local education inspector community.

What? 23. The coordinated relationship in educational inspection activity.

1. Inspector:

a) Subject to the guidance of the Government of the Government of the Government of the Government; report to the Inspector of Government on the work of inspectors, settlement of complaint, denouncing and defence, against regulatory corruption;

b) Remix p with Inspector of Government, Inspector of ministries, industry, Thanh to The province, Director of the Department of Education and Training, Ombudslaw, Public Security, the Institute of Human Services and the Useful Agencies in the operation of the inspection, addressing complaints, denouncing and defence, against corruption.

2. Bar to a department:

a) Subject to the guidance of the Inspector General of the Inspector Department; on the business of administrative inspectors, the settlement of complaint, denouncing and chamber, against Qing corruption. to a province; report to a ministry, the Provincial Inspector of the Inspector General, addressing complaints, charges and rooms, anti-corruption by regulation;

b) Coordination v Oh. i to a Ministry, the Provincial Inspector, Inspector of the Department, Ban, the department of the province, the Chairman of the District People ' s Committee, Inspector of the District, Head of the Department of Education and Training of the District, Public Security, Institute of Human Services in Inspection Operation, addressing complaints, charges and rooms, Anti-corruption.

3. Coordination between the agency performs an education inspector function with the agency, the organan organa:

a) The agencies perform educational inspection functions within the mission range, whose powers are responsible for the coordination of their children. p with the Public Security Agency, the Institute for Human Examination, the agency, the useful organization in the prevention, detection, disposal of the violation of the law;

b) Within the scope of the mission, its powers, the Public Security Agency, the People ' s Homicide Institute is responsible for reviewing the criminal case-prosecution petition carried out by the education inspector function moving to and paying attention. l All right. What? n ' s about handling that petition;

c) The agency, the other useful organization when receiving the request, the petition, decided to handle the bar. to a of the organ that performs the function of the education. d It is responsible for implementing and responding in writing about the implementation of the request, the petition, the decision to process.

Chapter VI

THE CONDITIONS ENSURE THE OPERATION OF THE INSPECTOR, RESOLVE THE COMPLAINT, DENOUNCE AND OTHER CONTENT ON THE EDUCATIONAL INSPECTION ACTIVITY.

What? 24. in material, engineering

1. The educational inspection organization is located in the office of employment, funding, communications equipment, professional vehicles, other technical devices that cater to the inspection and settlement of the complaint, denouncing, defence, anti-corruption.

2. The Minister of Education and Training specifically regulates the level of technical equipment, the management and use of the b page. Shit. The vehicle serves as an education inspector.

What? 25. Active Business

1. The active funding of the education inspector organization due to the state budget guarantees the inspection of the inspection, the resolution of the complaint, denouncing, the prevention, prevention of corruption; the strengthening of the facilities, supporting the increased capacity of the inspection and activities. The other one.

2. The education inspector agency is quoted as part of the money from the payments discovered through the bar. to A real state budget. Okay. Oh. I have Increased capacity for inspection, increased muscle strength. All T and commendation, organizational mobiles, individuals have achievements in the law of law on the rules of law.

3. It's urgent. Bitch. n reason and use of the operating budget of t socket The law of education under the provisions of the State Budget Law and the relevant legislation.

What? 26. Resolve complaint, denounce

1. The head of the education regulator, the chief inspector general, who makes the decision to plead guilty to resolve the complaint to the inspection conclusion, the decision to handle, the conduct of the inspector general, inspectors, other members of the delegation. Code Inspector brew a law .

2. Chief Manager l The decision of the decision to check, except in The inspectors, inspectors, other members of the inspectors are responsible for carrying out the laws of the complaint, denouncing in the inspection.

What? 27. Implemation of other content on educational inspection activities.

1. Internal Inspector Activity in the basis of higher education, the professional secondary school is in accordance with regulation at Article 113 Educational Law, Article 70 Law. G. Higher education, digital decree. 86 /2011/NĐ-CP September 22, 2011 of the Government rules the details and guidelines that enforce certain provisions of the Law. I He investigis and other laws of law are related.

2. Construction, bar planning approval. to an education; the form of educational inspectors; the base of decision making education; exercising the right to education of education; duties, powers, and responsibilities of the decision-making decision, the inspector general, the inspector general, the body of inspection; the responsibility of the agency, the organization, the individual l The inspector again; the inspector again; the assignment of having a criminal record for criminal prosecution; the public concluded that the education inspector; the director made the conclusion of the education inspection; the processing of the breach in the education of education was carried out under the rules of the law. I Yes, sir. 86 /2011/NĐ-CP And other laws that violate other laws are relevant.

Chapter VII.

EXECUTION CLAUSE

What? 28. Don't I Well, c

1. This decree has been in effect since 1 July 2013.

2. This decree replaces the digital decree. 85 /2006/NĐ-CP August 18, 2006 of the Government on the Organization and Operations of the Education Inspecship. Abolish the previous regulations against this decree.

What? 29.

1. The Minister of Education and Training directed this decree.

2. The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung