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Circular 58/2012/ttlt-Bgddt-Bldtbxh: Regulating The Conditions And Procedures For The Establishment, Operation, Operations, Reorganization, Dissolution Of Development Assistance Center Integration Education

Original Language Title: Thông tư liên tịch 58/2012/TTLT-BGDĐT-BLĐTBXH: Quy định điều kiện và thủ tục thành lập, hoạt động, đình chỉ hoạt động, tổ chức lại, giải thể trung tâm hỗ trợ phát triển giáo dục hòa nhập

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DEPARTMENT OF EDUCATION AND EDUCATION-MINISTRY OF LABOR-COMMERCE AND SOCIETY
Number: 58 /2012/TTLT-BGDT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 28 December 2012

FEDERAL INFORMATION

Q the condition and procedures of establishment, operation, suspension of operations,

reorganization, the central dissolution supports the development of the educational education.

________________________

The Law of Disabled 17. Ah! 6 in 2010;

Education Law Base June 14, 2005 v. Oh. Rule. S Fuck. socket i, b socket Add a Stain. Go. Okay. The law of Education Law on 25 May. Ah! 11 in 2009;

Base of Decree Stain. 55 /2012/NĐ-CP of the Government on 28 June 2012 regulation of the establishment, t socket Again, the tournament. Okay. public career unit;

Base of Decree Stain. 36 /2012/NĐ-CP April 18, 2012 of the Government Regulating Functions, Mission, Regulation Okay. Limit and structure socket of the ministry, the peer-to-peer basis;

Base of Decree Stain. 32 /2008/NĐ-CP March 19, 2008 by Ch I'm Functional, mission, rule. Okay. Limit and muscle All A socket function of the Ministry of Education and Training;

Base of Decree Stain. 186 /2007/NĐ-CP December 25, 2007 by Ch I'm Functional, mission, rule. Okay. Limit and muscle All A socket function of the Ministry of Labor-Trade i And Society.

Minister of Education and Training, Minister of Labor-Trade and Social Affairs issued the relevant regulatory regulatory and procedures, operation, suspension of operations, t, and more. socket Again, the tournament. Okay. Center h I have It's a Okay. Education education. Oh,

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information regulates the conditions and procedures of establishment, operation, suspension of operations, t ... socket Again, the tournament. Okay. Voter support center Okay. Education in education.

2. This information is applied to all of the Centre for the Development Education Development Assistance Center (later called the Centre) due to the agency, t. socket And the individual was founded.

What? 2. Concept and classification Center Education development. Let's enter

The center is the basis for providing program content, equipment, materials teaching and learning, consulting services, educational support, educational institutions that are consistent with the privilege of learning. Okay. And the plight of people with disabilities. The center has legal status, has its own seal and account.

The center has two types of forms: public and external.

The public center is a career unit established by the state agency, which is built by the state to build facilities, equipment, and is guaranteed a portion of the regular operating budget by regulation.

The public outside center is the active career unit that helps people with disabilities due to the state agency ' s authority to allow organizations, individuals to establish, the government said. And The capital builds a physical basis and ensures regular operating costs by law.

What? 3. Function, Mission Center

1. Defect detection to advise the selection of appropriate educational methods;

2. Implementing an early intervention in the community. Okay. choosing the appropriate method of education;

3. Psychological counseling, health, education, business direction. Okay. choosing the appropriate method of education;

4. Support for people with disabilities at the family, at the institution of education and community;

5. Providing content, equipment, materials teaching and special learning is consistent with each of the physical features, the degree of disability.

What? 4. Name of the Center

1. The name of the Centre is specified as follows:

Voter support center Okay. n educational education + personal names.

2. The name of the Centre is inscribed on the establishment decision, seal, tragedy Okay. The sign and the Central's trading papers.

What? 5. The authority to establish or allow the establishment, which allows operation, suspended operations, reorganization, tournament resolution. Okay. Center

1. Chairman. Brew The provincial government, the central city of the central city (later called the President of the Provincial Provincial Office) decided to form, t ... socket In return, the dissolution of the Centre for Public Republic or the decision to allow the establishment, to allow the organization to be reorganized, allows the dissolution of the Centre outside of the public.

2. The Director of the Department of Education and Training allows the operation, suspenseing the activity of the Centre.

What? 6. Central Business Activity

1. The operating budget of the Public Center consists of:

a) State budget sources according to the regulation of the State Budget Law and management hierarchy. What? State budget. Don't n onions;

b) Stupid. Oh. n voluntary contribution of t socket function, individual;

c) Source of the Center service;

d) Other legal sources follow the rule of law.

2. The operating budget of the Public Outside Centre consists of:

a) The investment source of the organization, the individual who stands out of the center.

b) Voluntary contributions by organizations, individuals;

c) Source of the Center service;

d) Other legal sources follow the rule of law.

Chapter II

CONDITIONS OF ESTABLISHMENT, OPERATION, SUSPENSION OF OPERATIONS, REORGANIZATION, DISSOLUTION OF THE CENTER

What? 7. Central to Central

The center is established when there is sufficient following conditions:

1. There is a project to establish the Center, which defines the world. Okay. target, function, mission;

2. Yes. p with the educational base network development plan that has been granted the Move. The right of approval and the need to support local disability education;

3. There is a working-based facility or land-based planning project that has been granted a approved authority (case of building new headquarters); the equipment required initially; human resources and business are operating under the rule of law.

4. I have a team of staff members. What? , teachers, employees respond to the center's operational requirements.

What? 8. Central Operating Conditions

The center is allowed to operate when there is sufficient following conditions:

1. The decision to establish or Decide to allow the establishment of the provincial chairman of the provincial office;

2. Facilities, facilities and support services are consistent with the characteristics of disabled people:

a) Headquarters, the working room of the leadership, teachers, staff;

b) The classroom, the corresponding functional room to perform the activities of the Center;

c) The housing estate for the pupil with the Centre has a boarding disability;

d) Media, equipment, tools used for evaluation, intervention, teaching, vocational, vocational training; and training.

e) Specialized documentation, documentation for ensuring the activities of the Centre.

3. The staff of staff, teachers, education support staff has specialized qualifications in line with the methods of educating people with disabilities.

a) The judge. Stain. The Centre must graduate to a special education in particular education, or to graduate from other majors, which has a career certificate, an understanding of the developmental characteristics of people with disabilities, in terms of the content, method, form of education for people. disability;

b) Teachers have a higher level of education, and there is a certificate of education of people with disabilities;

c) Educational support personnel are trained in the education of people with disabilities.

4. Educational program content and fostering material, consulting in accordance with the methods of educating people with disabilities, including:

a) Program content, documentation of personal education for persons with disabilities of handicapped forms;

b) Program content, fostering documentation of people with disabilities of handicapped forms;

c) The documentation of the selection of educational methods is consistent with the degree and degree of disability of the disabled.

What? 9. The suspension of Central Operations

The suspended center works when one of the following cases occurs:

1. There is no guarantee of regulation at Article 8 of this federation.

2. There's fraudulent behavior to be established, operating.

3. The man who authorized the establishment, the operation is not the right authority.

4. Do not deploy activity in the prescribed term for permission, k Okay. from the date of the operation.

5. Violations of the rule of law are sentenced to administrative violations at a level of suspension.

6. Other cases of violation follow the rule of law.

What? 10. The Organizational Condition

The center is reorganised upon ensuring the following conditions:

1. There is regulation of function, mission, authority of the Centre;

2. In accordance with the educational base network planning, the need for the local disability education assistance has been granted the authority to approve (if any);

3. Improve the quality and efficiency of the Centre.

What? 11. Central dissolution conditions

The center of the solution. Okay. One of the schools is happening. p:

1. No more function, mission.

2. Three consecutive years did not complete the task or operation was not effective at the assessment of the relevant agency. Move. Power established.

3. Serious breach of rules What? The organization, the operation of the Center.

4. Oh. What? The suspension of the suspension of the suspension was not able to rectify the cause of the suspension.

5. At the suggestion of t socket function, the individual established the Center; as required for t ... socket Center. Okay. consistent with t-grid planning socket The Centre has been granted. Move. The rights to approve.

Chapter III

THE ORDER, THE PROCEDURE OF ESTABLISHMENT, OPERATION, SUSPENSION OF OPERATIONS, REORGANIZATION, DISSOLUTION OF THE CENTER

M All right 1

CENTER FORMATION

What? 12.

1. Fuck! Okay. The establishment of the Center for the Center. socket As a result, the individual proposed the establishment, the provincial chairman of the provincial UBND review, the decision to establish or the decision to allow it to be established.

2. Your contents. Okay. the creation of the Centre by Regulation at paragraph 2, Article 5 of the Digital Protocol 55 /2012/NĐ-CP June 28, 2012 of the Government Regulation on the establishment, reorganization, resolution. Okay. It ' s a public career unit.

What? 13.

1. The program to establish the Center for the socket The individual proposed the establishment of the provincial president of the provincial office, the decision to establish or decide the establishment.

2. Contents of the Centre for Regulation at paragraph 2, Article 6 of the Digital Protocol 55 /2012/NĐ-CP June 28, 2012 of the Government Regulation of Establishment, t socket Again, the tournament. Okay. It ' s a public career unit.

What? 14. Take the opinion of the agencies, t socket It's relevant.

Organization, the individual recommended the establishment of the Okay. It ' s founded to the agencies, t. socket Relevant in accordance with the laws of law and by the rules of the law. Okay. It ' s a written opinion of the establishment of the Center.

What? 15.

The profile of the Center is composed of:

1. Appraisal Profile

a) The project established the Centre;

b) The proposed text, the Central establishment, the draft decision to establish or draft a decision to allow the establishment of the Centre; draft Regulation t. socket And the activities of the Centre and other documents are related (land paper, funding, human resources);

c) The written opinion of the agencies involved in the establishment or permission of the establishment of the Centre;

d) The report of the interpretation of the opinions of the relevant authorities.

2. The provincial UBND Chair profile decides to establish or decide to allow the establishment of the Centre.

a) The text of the appraisal, text to the opinions of the agencies, organizations and other documents is relevant;

b) The draft decision to establish the Centre or draft decision to allow the establishment of the Centre was complete in terms of content and format.

What? 16. Send and take up the profile

1. Organization, the individual sent 1 (a) the file set up Central to the Content Department. Okay. I Move. Define; for organs that are relevant. Okay. coordination or to know only the name of those organs in the receiving section of the work or the proposed bill.

2. The organization's Department of Internal Affairs received the Center for the Center to form a file category that monitors the prescribed processing process.

3. The filing document is the official document signed, stamped by the organization, the individual recommended that the establishment and other documents are relevant under the regulation at Article 15 of this.

What? 17. Process profile

1. The Home Office took over the case with a responsibility to process the case into the Center for the agency ' s work process. Okay. I Move. The decision and the Chairman of the provincial UBND decision to establish or decide to allow the establishment of the Centre by law.

2. For unknown or different opinions, the Home Office requires the organization, the individual to recommend the establishment of a b-resolution text. socket Come on Okay. Make it clear and report the Department of the Interior.

3. The Home Office presided over, in coordination with the organization, the individual proposed to complete the filing of records and procedures under the regulation, the provincial UBND chairman decided to form or decide to allow the establishment of the Centre.

What? 18. The founding judge

1. Agency, organization appraisal: The Department of the Interior is the body. Move. Set up the Center.

2. Appraisal content:

a) The necessity and the legal basis of the establishment of the Centre;

b) The target, the scope of the object, name, legal status, function, mission and jurisdiction; t structure. socket function; the financial institution of the Centre;

c) The conditions of ensuring work for the Centre when established;

d) The feasibility of the establishment of the Center;

The draft decision to establish the Centre or draft decision to allow the establishment of the Centre, the Centre for the Regulation of the Organization and Operations of the Centre.

What? 19. The decision to establish

The text base offers the establishment, the text of the appraisal, the chairman of the provincial UBND who decides to form or decide to allow the establishment of the Centre.

What? 20. The deadline to resolve the establishment

1. In the 15 (fifteen) days of work, since the date of the receiving of valid records (the correct procedure), the Home Office must have an appraisal text.

2. In the 20 (twenty) days of work, since the Day of the Interior has text. Move. I'm going, Chairman. Tumor The BND issued a decision to establish or decide to allow the establishment of the Centre; the case did not agree to the establishment of the Centre, the chairman of the UBND issued a written notice to the organization, personally suggesting the establishment of the Centre to know the reason.

M All right 2

REORGANIZATION, CENTRAL DISSOLUTION.

What? Twenty-one. Okay. The case, the reorganization, dissolved the Center.

1. The project and the project to reorganize, dissolve the Centre:

a) The necessity and the legal basis of reorganization, dissolution of the Centre;

b) The method of handling personnel matters, the organization of machinery, finance, property, land, and other matters is relevant;

c) The text of the organ Move. The right to confirm financial, property, land, loans, debts, and other issues are related (if any);

d) The responsibility regulation of the head of the Centre and the individuals is relevant for the implementation of the t method. socket Again, the tournament. Okay. The center and the time of processing.

2. Order, Procedulant socket Again, the tournament. Okay. Center or permission socket In return, allowing the dissolution of the Centre to implement as for the establishment of the Centre.

What? 22. reorganized record, dissolution of the Center

1. File socket Again, the tournament. Okay. The center consists of:

a) Fuck! Okay. T- socket Again, the tournament. Okay. Central;

b) The E Okay. Reorganization, dissolution of the Centre, and the draft decision. socket Again, the tournament. Okay. Central;

c) The text of the organ Move. The right to confirm the completion of the obligation on financial, property, land, loans, debts, and other matters is relevant (if any).

2. Sending records, receiving records, processing records of reorganization, solution Okay. Central or enabling reorganization, the Centre dissolution is implemented as stipulated for the establishment of the Centre. .

What? 23. The deadline to resolve the reorganization, dissolution of the Center

1. In the 15 (fifteen) days of work, k Okay. from the date of getting a valid file (correct procedure), the Home Office must have a appraisal text.

2. In the 25 (twenty-five) days of work, since the Day of the Interior has an appraisal document, Chairman of the provincial UBND decided to reorganize, the tournament. Okay. Center or permission socket Again, allow the tournament. Okay. Central; the case does not agree t socket Again, the tournament. Okay. or allow t socket In return, allowing the dissolution of the Centre, the chairman of the provincial UBND issued a written notice. socket The individual offered to know why.

M All right 3

ACTIVITY AND ACTIVE SUSPENSION OF THE CENTER

What? 24. The procedure, procedure for the operation of the Center

1. The proposed record allows the operation of the Centre to include:

a) The text offers to allow the operation of the Centre, which specifies the condition that meets the operation corresponding to the tasks prescribed at Article 3 of this federation;

b) The copy of the decision was established or decided to allow the establishment of the Centre.

2. Central Authorization

a) The Director of the Center recommended that the Center of Operations must have a valid record under the provisions of this 1 Article to the Department of Education and Training. In the 15 (fifteen) days of work, k Okay. from the date of adoption, the Department of Education and Training conducted th Move. I mean. The case case is incomplete or not correct by regulation, the Department of Education and Training returns the case or send the text requesting director of the Centre b. socket Sung, perfect.

b) In the time of 25 (twenty-five) days, k Okay. from the date of receiving the profile and the request of the Director of Central, the Department of Education and Training responsible socket Appraisal of conditions operating under regulation at Article 8 of this federation and the decision to allow the Centre to operate. The case was not eligible for operation, the Department of Education and Training had the text reporting the provincial president of the provincial office and informed the Director of the Centre to know the reason.

3. In the period of 24 (twenty-four) months, since the date of the decision to be established or decided to allow the establishment, if the Centre does not work, the chairman of the provincial UBND revoked the decision to form or decide to allow it to be established.

What? 25. The procedure, the suspension of the activity of the Center

1. The Director of the Department of Education and Training into the inspection team evaluated the Centre's reality situation and proposed the treatment.

2. The outcome of the inspection, the director of the Department of Education and Training issued the decision to suspend the Centre ' s operation, which must specify the reason, the suspension deadline, the measure of rights guarantees to persons with disabilities and cadres, teachers, employees of the Middle East. -What? Yeah. The limit is only 12 (twelve) months. The decision to suspend the activity of the Centre must be publicly published in the media.

3. During the period of the Centre's suspension, if the causes resulted in the suspension of the suspension, the Director of the Department of Education and Training decided to allow the Centre to operate again. After the suspension of the Centre ' s active suspension, if the causes led to the suspension of unremedied, the Director of the Department of Education and Training grounded into the actual situation. Okay. decided to suspend the operation of the 2nd Center for the second time; the second suspension was no more than 12 months. Oh. What? Ah Yeah. The suspension of the second operation that the Centre still failed to rectify the causes led to the suspension, Director of the Department of Education and Training provided the chairman of the UBND president to make a decision. Okay. Or allow the solution. Okay. Central.

Chapter IV

ACTIVITY OF THE CENTER

What? 26. Disability of disability, early educational interventions.

1. Presiding, coordination with people with disabilities, families with people with disabilities and agencies, t socket function, individuals are involved in the detection of defects and determining the effects of disability on the education of persons with disabilities.

2. Presiding, coordination with people with disabilities, families with people with disabilities and agencies, t socket function is relevant in the construction and implementation of an early educational intervention program, including: determination of capacity, the needs of people with disabilities, building goals, planning, implementation of early educational interventions and evaluating the needs of the people and the people. The result of an educational intervention.

What? 27. Disability counseling.

1. Counseling for people with disabilities and families with disabilities choose the educational method that is consistent with the disabled.

2. Counseling for people with disabilities and families with people with disabilities to care facilities, education, profession and care. p with the psychological needs, the health of the disabled.

What? 28. disability support

1. Develop and train k Yeah. Social power for people with disabilities before school age.

2. Rehabilitation meets the educational needs of people with disabilities in their families and communities.

3. To train specific skills that meet the educational needs of people with disabilities.

4. Direction, Introduction, and Support for Persons with Disabilities.

5. In connection with the appropriate services for persons with disabilities, the family has people with disabilities.

6. The organization for persons with disabilities participated in social activities in the community.

7. Perform other necessary support services for people with disabilities.

What? 29. Provide program content, methods, equipment, specialty teaching materials that are consistent with the

1. Building program content, fostering methods and chuy Okay. n delivery of disability education technology to teachers, educational management officers and stakeholders; t-n-n. socket Educational activities are consistent with the ability and needs of people with disabilities.

2. Provides the textbook conversion of Braille, equipment, documentation for the visually impaired; textbooks that switch in sign language, equipment, documentation for deaf people; documents, devices that support people with intellectual disabilities, people, and others. language defects and other disabled people.

Chapter V.

THE ORGANIZATION.

What? 30. Proxy The people of the province.

Only the Home Office, the Department of Education and Training, the Department of Labor-Trade and Social Affairs, departments, departments, the related sector perform the following tasks:

1. The propaganda organization, coordinated implementation of the plan; mobiling resources for the establishment, operation of the Centre;

2. The Guide to the Centers currently active has met the regulations at this Federal Information Okay. is recognized as the Center for the Development Education Development Assistance Center;

3. Organization of activities supporting the education of the disabled.

What? 31. Responsible for the Department of Internal Affairs, Department of Education and Training, Department of Labor-Trade and Society

1. The Home Office is responsible. Move. I mean, report the results. Move. Define and submit the provincial UBND Chair on the establishment, reorganization, dissolution of the Centre or permission to establish, allowing t ... socket Again, allow the tournament. Okay. Central.

2. The Department of Education and Training is responsible:

a) In collaboration with the Home Office, the Department of Labor-Trade and Social Affairs in the establishment appraisal, reorganization, dissolution of the Centre or permission to establish, allowed t socket Again, allow the tournament. Okay. Central;

b) Guidelines for specialized educational facilities for persons with disabilities to convert to the Centre for Education Development Support;

c) Appraisal and permission to operate, suspend the operation of the Center;

d) Exercise the state management of education on the activities of the Centre on the local scale.

3. The Department of Labor-Trade and Social Affairs is responsible for coordinating with the Department of Internal Affairs, Department of Education and Training in th Move. The establishment of a reorganization, dissolution of the Centre, or permission of the foundation, allows the organization to be reorganised, allowing the dissolution of the Centre.

What? 32. Hi. Don't I Well, c

1. This joint venture has been in effect since 18 February 2013.

2. Public external centers are applied to this joint venture.

3. N What? Projector-based texts Okay. apply in this Revised Notification socket i, b socket sung or replaced with new text will be shown to apply in accordance with the new text.

What? 33.

The ministries, the relevant sector, Proxy The people of the provinces, the central city of the Central Committee, are assigned, the mission is delivered, directed and t. socket This is the implementation of these regulations.

In the course of execution, if there is an entanging, offer ministries, disciplines, Proxy The population of the provinces, the Central City of the Central Committee, reflects on the Ministry of Education and Training, the Ministry of Labor and Social Affairs. Okay. Check it out.

KT. Minister of Education and Training
Chief.

KT. MINISTER OF LABOR-Trade and Social Affairs
Chief.

(signed)

(signed)

Nguyen Thi

Thank you.