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Decree 115/2010/nd-Cp: Regulatory Governance Responsibility For Education

Original Language Title: Nghị định 115/2010/NĐ-CP: Quy định trách nhiệm quản lý nhà nước về giáo dục

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law of education in 2005 and the law on amendments and supplements to some articles of the law of education 2009;

Considering the recommendation of the Minister of education and training, the DECREE: article 1. Scope of this Decree stipulates the responsibility of State management on education under the provisions of the law on education in 2005, the law on amendments and supplements to some articles of the law on education in 2009.

For responsible governance of vocational, continuing to follow the provisions of Decree No. 70/2009/ND-CP on August 21, 2009 by the Government.

Article 2. The object of this Decree apply apply to ministries, ministerial-level agencies (hereinafter referred to as the Ministry), the people's committees of provinces and cities directly under the Central Government (hereinafter referred to as the provincial PEOPLE'S COMMITTEE), Department of education and training Department of the provincial PEOPLE'S COMMITTEE, the people's Committee of the district, County, city, town in the province (hereinafter referred to as the PEOPLE'S COMMITTEE at district level) Education and training Rooms, under the people's Committee of the district communes, wards and towns (hereinafter referred to as the social PEOPLE'S COMMITTEE).

Article 3. Principles of responsible regulation governance of education 1. Ensure consistency, smoothly and improve the effectiveness and efficiency of the State management of education.

2. Ensure respectively between tasks, authority, responsibility for financial resources, personnel and other necessary conditions to perform the task assigned.

3. Assignment, hierarchy and define specific tasks, authority, responsibility for the education of the PEOPLE'S COMMITTEE, the level and the agencies concerned, at the same time upholding the highest initiative, creation of the educational administration in the implementation of responsibilities and tasks.

Article 4. Responsible for the governance of the education and training Ministry of Education Ministry of education and training of responsible Government on the governance of education in accordance with the law on education in 2005, the law on amending and supplementing a number of articles of the law on education in 2009 and the Decree of the Government functions duties, powers and organizational structure of the Ministry of education and training, this Decree and legal texts concerned.

Article 5. Responsible for the governance of the Ministry of education The Ministry is responsible for performing the tasks, the management authority of the State specified in the Decree of the Government about the functions, duties, powers and organizational structure of the Ministry; at the same time, in coordination with the Ministry of education and training to ensure consistent governance of education.

1. The Ministry has affiliated institutions are responsible for: a) the construction and implementation of strategy, planning, long term plan, annual and five year on training, development of human resources, the management authority in the field, in line with the strategy, planning, human resource development planning of countries meet the power requirements of the industry and of society;

b) in coordination with the Ministry of education and training in the specific provisions the training, qualification rules recognized the practical skill levels, applications for those who are advanced training after graduation from the University in some special expertise; build the frame of the program of training the professional level;

c) direction, check the University institution, vocational Ministry in ensuring that the conditions of establishment of schools, educational activities, open training fields; admission regulations, training, training; manage, allocate, qualification certificate; currency, fees, quality public education, publicizing the conditions to ensure the quality of education; public finance; the training associated with social needs; planning, training, fostering a policy of teachers and educational administrators under the provisions of the law;

d) decided to open the training industry for the professional Middle School Ministry, professional schools directly under the business due to The implementation of some of the rights and obligations of the owner for that business under the provisions of the law;

DD) to perform statistics, information, and periodically report on the Organization, operation and the conditions for ensuring the quality of the educational institution directly under the Ministry of education and training;

e) recognized the School Board decision with respect to public education institutions; the decision of the institution in accordance with the law; the decision established, allow establishment, merger, Division, separation, dissolution of professional secondary school of Ministry, the professional secondary school affiliated to the enterprises by the Ministry made a number of rights and obligations of the owner with respect to that business, proper planning network of professional secondary school has been approved by the authority;

g) appointing, appointment, resignation, resignation, demoted the head, Deputy Head of the institution directly or subordinated enterprises due to The implementation of some of the rights and obligations of the owner in respect of that business;

h) management, guide, check the use of the State budget and other legitimate revenues for the institution; implementation of socialized education, mobilize social resources for the development of education; ensure the autonomy, the responsibility of the educational institutions directly under the provisions of the law;

I) testing, inspection, complaint resolution, report, recommendation in the field of education, handling infractions under the provisions of the law.

2. Ministry of planning and investment to host, in cooperation with the Ministry of education and training and the relevant agency general planning, five-year and annual plans on developing the country's education and socio-economic development plan of the country, social process of approval by the Prime Minister.

3. The Ministry of finance, in cooperation with the Ministry of education and training to lead The provincial PEOPLE'S COMMITTEE, the related establishment, distribution and implementation financing the State budget for education; construction of the mode of spending State budget for education; perform inspection, check the finances, the budget for the education sector under the provisions of the law on the State budget; guidance for the financial autonomy of educational institutions; management and use of sources of tuition fees and other legal fees of the institution.

4. Ministry of interior construction and chaired the public payroll for the Department and the provincial PEOPLE'S COMMITTEE (including staffing civil servants of the Department of education and training, education and training) of the payroll public servants are the Prime annual approval; in collaboration with the Ministry of education and training and the ministries involved building policy for teachers and education managers; the writing guide public servants management in the field of education according to the authority.

Article 6. Responsible for the governance of the provincial PEOPLE'S COMMITTEE of education of the PEOPLE'S COMMITTEE responsible to the provincial government on the development of education, implementation of State management of the province's education: 1. Build and the provincial people's Council planning decisions, plans, program , projects, educational development policies; direction, guidance, testing and implementation planning, plans, programs, projects, education development policy after it has been approved by the authority.

2. Implementation and examine the implementation of legal documents on education; enact local policies to develop local education.

3. Ensure the quality of preschool education, general education, continuing education and professional education on local management; oversees the quality assurance of the education institution College, University and other professional level prescribed by law; directing and organizing the implementation of universal education, combating illiteracy and social construction of local learning.

4. Steer, guide and oversee the Organization, statistical information, reports periodically and annually on the Organization and educational activities in the province with the Ministry of education and training.

5. The management of the institution a) according to the administrative territory of the universities and colleges directly under the Ministry to close; management of public universities, the universities, colleges, private colleges in the area according to the Charter, the Statute of the Organization and operation of the school by the issuing authority and the rule of law;

b) decided to set up or allow to establish, split, split, merger, dissolution, change the field type of the institution under the authority of the State Administration (including the institution of participatory institutions, foreign individuals): professional secondary school secondary school, schools have many levels (including high school level), the Centre for continuing education, General Technical Center-career, school officials and the education management (if any), ethnic schools, boarding schools for ethnic sale of stay , language centre, Informatics and other educational establishments under the authority of the provincial PEOPLE'S COMMITTEE management;

c) decided to appoint, appointment, rotation, resignation, resignation, and a policy for the principal, vice principal public universities directly under the standard provisions of the Charter the University Government issued by the Prime Minister; the decision recognizes, does not recognize the Board, Chairman of the Board, the President of local private University according to the standards set forth in regulations of the Organization and the operation of private universities by the Prime Minister; the decision recognized the School Council, the provincial University.

6. specific rules of functions, duties, powers, organizational structure of the Department of education and training; district-level PEOPLE'S COMMITTEES guide specifies the functions, duties, powers and organizational structure of the Department of education and training under the provisions of this Decree and guidance of the Ministry of education and training and the Ministry of the Interior.


7. Directs, guides the Department of education and training to perform the planning, planning, recruiting, using, evaluating, rotation, training, fostering a policy for teachers and education managers; ensure sufficient staffing for the institution, the payroll for the Department of education and training.

8. Management, examine the use of the State budget spent on education under the provisions of the law on the State budget and budget management hierarchy; the incomes and expenses of tuition, fees and other legal fees for the educational establishments under the responsibility of the provincial PEOPLE'S COMMITTEE management; mobilize resources for education, socialization of education to development of education in the province.

9. Directs, guides, implementation guidelines, the policy of State and local policies to ensure the autonomy, the responsibility of the institution.

10. Directs, guides, check out the educational institutions in the implementation of research, application of science, technology in the field of education.

11. Directs and performs the work of the international cooperation on education.

12. Directs, guides and organizations make movement; the decision to reward organizations and individuals have more work for the development of local education.

13. Direct the examination of compliance with the law on education in ensuring that the conditions of establishment of schools, educational activities, open training fields; quality public education, publicizing the conditions to ensure the quality of education; the training associated with social needs under the guidance of the Ministry of education and training for higher education establishments are stipulated in art. 5 article 6 of this Decree.

14. Steer, guide and oversee the Organization of administrative reform, the work of saving practices, anti-corruption, waste; Inspector, inspection, complaints, accusations, Petitions and processed in breach of the education in accordance with the law.

15. Governance consulting service establishments, put the study self-sufficient as prescribed by law.

Article 7. The responsibility of the Department of education and training education and training is responsible for staff, provincial PEOPLE'S COMMITTEE to help implement state management function of education: 1. Hosted, in cooperation with relevant agencies: a) The provincial PEOPLE'S COMMITTEE: draft planning, plans, programs, projects educational development policies; the draft decisions, other directives in the field of education under the authority of the provincial PEOPLE'S COMMITTEE for the development of education;

b) The provincial PEOPLE'S COMMITTEE Chairman: draft decision on the establishment, allow establishment, merger, Division, separation, dissolution of the institution directly under the Department of education and training and other text about the field of education under the authority of the provincial PEOPLE'S COMMITTEE Chairman.

2. Guidelines, advocacy, dissemination and implementation of the legal documents on education; planning, planning, project, program, and other educational content after it has been approved by the authority.

3. Guide the Organization to perform professional service; the work of universal education, combating illiteracy and build learning society; the work of admissions, examinations, qualifications, certification, accreditation of education for the education and training, the educational institution; the decision to open training for the professional secondary schools Department under the Ministry of education and training; allows operation of education, the Education Act with respect to the training institution are specified in point b of paragraph 5 article 6 of this Decree.

4. Help the provincial PEOPLE'S COMMITTEE governance for human services organizations go swing self-directed outside under the provisions of the law.

5. Implement information, statistics, reports periodically and annually on the Organization and functioning of local education with the provincial PEOPLE'S COMMITTEE and the Ministry of education and training.

6. Host Guide, General staffing plans of local education career to the payroll administration at the same level in the local authority for approval; payroll allocation for Education Career Education Department, after being approved by the authority; instructions, implementation, inspection, inspection of the recruitment, use, transfer, delivery, training, retraining and upgrading, a policy for teachers and education managers in the province.

7. Decides to appoint, appointment, dismissal, transfer, resignation, demoted the head, Deputy head, School Board recognized educational institutions; recognition, not the Board, Chairman of the Board, the principal, vice principal of the institution in addition to the established authority, including private colleges closed across the province.

8. Host built to concretize the standards and norms in local education funding; estimating the education budget for the Department of education establishments; decision on allocation, budgeting communication be given to education for the vocational education Department after it has been approved by the authority; in collaboration with the Department of finance, planning and investment, determined, balanced the State budget spent on education each year, the local authority for approval; Guide, test, monitor the use of the State budget and other sources of legal income for education in the province.

9. Guide and oversee the Organization of socialized education, mobilization of resources for the development of education; promulgation of regulations to ensure the autonomy, accountability obligation of the institution; financial management, property, facilities are assigned according to the provisions of the law.

10. Help provincial PEOPLE'S COMMITTEE implemented checks, monitoring compliance with the law on education in ensuring that the conditions of establishment of schools, educational activities, open training fields, public education, public quality conditions ensuring the quality of education, the training associated with the social needs for higher education establishments are stipulated in art. 5 things 6 of this Decree.

11. Implementation of the administrative reform, saving practices, prevention of corruption, waste, inspection, inspection, complaints, accusations, proposals related to education, handling infractions under the provisions of the law.

12. Help provincial PEOPLE'S COMMITTEE of management of the institution, including: College, professional secondary schools (not including colleges, professional level of closed sets in the area), the field officers management education province (if any), the popular high school, schools have many levels (including high school level) , Center for continuing education, foreign language, information technology center, a vocational education centre; ethnic schools, boarding schools and selling the nation educational institutions affiliated to the other (if any) under the authority of the provincial PEOPLE'S COMMITTEE of management.

Article 8. Responsible for managing the State of education of district level PEOPLE'S COMMITTEES at district level are responsible for implementing State management functions of the education district; responsible to the provincial PEOPLE'S COMMITTEE on the development of preschool education, primary school, secondary school and the construction of learning society in the District: 1. building planning, plan, program, career development scheme on the district education authority for approval; direction, check the implementation planning, plan, program, educational project has been approved by the authority.

2. Direction, guidance, implementation and supervision of the institution under the authority of management in the implementation of legal documents on education.

3. Steer, guide and check the room for education and training, the institutions under the jurisdiction of district-level management in ensuring the quality of local education.

4. implementation of universal education, combating illiteracy and social construction of local learning.

5. Perform statistics, information, report periodically and annually on the Organization and educational activities under the guidance of the provincial PEOPLE'S COMMITTEE and the Department of education and training.

6. Decides to establish (for the public), allows to establish (for non-school), merger, Division, separation, suspension, dissolution (including the institution of participatory institutions, foreign individuals) for the preschool education institutions , elementary school, middle school, high school has many school levels (which have no secondary school level), community learning centres and other educational institutions (if any) under the authority of the PEOPLE'S COMMITTEE of management at district level.

7. Ensure adequate staffing public officials for education and training, staffing for the institution; directing, organizing the building of teacher staff development, and educational management; full, timely implementation of the policy of the State, issued the policy, measures to take care of physical life, spiritual teacher and team managers of education under the authority of local management.

8. Ensure the financial condition, assets, the base material for the development of education; implementation of socialized education, mobilize social resources for the development of education; promulgation of regulations to ensure the autonomy, accountability obligation of the institutions under the jurisdiction of local management; instructions, check, supervise the implementation.

9. Directs, guides and organizations make movement; the decision to reward organizations and individuals have more work for the development of education.


10. Directs, guide and oversee the Organization of administrative reform, the work of saving practices, anti-corruption, waste; Inspector, inspection, complaints, accusations, Petitions and processed in breach of the education as prescribed by law; check, monitoring the implementation of a quality public education, publicizing the conditions ensuring the quality of education, public financing of the institutions under the jurisdiction of the PEOPLE'S COMMITTEE of management at district level.

Article 9. The responsibility of the education and training education and training is responsible for helping staff-level PEOPLE'S COMMITTEES implement state management functions of education district: 1. Hosted, in cooperation with relevant agencies: a) The PEOPLE'S COMMITTEES at district level: the draft guidance documents made the mechanism , policy, law, the provisions of the provincial PEOPLE'S COMMITTEE on educational activities; the draft directive, decisions, planning, education development plans, administrative reform of local education sector, draft other documents about the field of education under the authority of the district-level management;

b) Process-level Chairman: draft decision on the establishment, allow establishment, merger, Division, separation, dissolution of the institution directly under the education and training Rooms and the Threadfin text differences about the field of education under the authority of Chairman at district level.

2. Guide the Organization to perform professional service; the work of admissions, examinations, diplomas, certificates; the work of universal education, combating illiteracy and build learning society; allow educational activities for the educational institutions specified in paragraph 6 article 8 of this Decree.

3. Perform statistics, information, report on the Organization and operation of periodic and annual education under the guidance of the Department of education and training and the PEOPLE'S COMMITTEE at district level.

4. Host build, General staffing plans of education career education institutions subordinated under the guidance of the Department of education and training-level PEOPLE'S COMMITTEES; payroll allocation decision-career education institutions subordinated to after it has been approved by the authority; instructions, implementation and testing, inspection of the recruitment, use, transfer, delivery, training, fostering a policy for teachers and education managers in the district.

5. Decides to appoint, appointment, dismissal, transfer, resignation, demoted to the head, Deputy head, School Board recognized educational institutions; recognition, not the Board, Chairman of the Board, the principal, vice principal of the institution in addition to the established administration of the PEOPLE'S COMMITTEE at district level.

6. Chaired the building, estimating the annual education budget for the institution; the decision, delivered educational budget estimation for the affiliated institution to be approved by the authority; cooperation with financial institutions, plan 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 the education district.

7. implementation of the administrative reform, the work of saving practices, prevention of corruption, waste, inspection, inspection and handling of violations, complaints, accusations, proposals on education as prescribed by law; inspection, monitoring the quality of public education, the condition of education quality assurance, public financial institution directly.

8. Help PEOPLE'S COMMITTEES at district level the management of educational institutions, including: the basis of preschool education, elementary school, middle school, high school has many school levels (which have no secondary level) and other educational institutions (if any) under the authority of the PEOPLE'S COMMITTEE of management at district level.

Article 10. Responsible for the governance of social education social PEOPLE'S COMMITTEE has the responsibility to implement state management functions under the jurisdiction of education on: 1. The construction and the people's Council social planning in local education development; the Organization made plans to develop local education as approved; construction planning of the land for the local institution under the standard rules of national standard school by the Ministry of education and training.

2. Allow the youth group, independent private kindergarten class as standard by the Ministry of education and training provisions; guarantee and take responsibility to check the Group of young, independent private kindergarten class on the proper functioning of legal regulations.

3. implementation of socialized education; build healthy education environment, the people take care of education, in collaboration with the school of education child care make new cultural lifestyle, join protect, embellished the historical monuments, landscapes, cultural works, works for active learning playing of the student; mobilization of resources for the development of education.

4. Make statistical mode, periodic and annual reports on the Organization and functioning of local education under the guidance of the PEOPLE'S COMMITTEE at district level and education and training.

5. In collaboration with the local institution registered organizations, to mobilize the maximum school age to ensure universal education, combating illiteracy, create conditions for people to study regularly, for life.

6. Management of community learning centres; in collaboration with the education and training of management education preschool, elementary school, secondary school in the area.

Article 11. Terms of implementation 1. The Decree has effect from the day 15 February 2011. This Decree replaces Decree No. 166/2004/ND-CP dated 16 September 2004 of the Government responsible for the governance of education.

2. The Ministry of education and training, in coordination with the Interior Ministry specific instructions about the functions, duties, powers, organizational structure, staffing of the education and training Department of the provincial PEOPLE'S COMMITTEE, the education and training Department of the PEOPLE'S COMMITTEE of the district level under the provisions of this Decree.

3. The Minister of education and training, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and other relevant bodies responsible for the implementation of this Decree.