CONGRESS _ _ _ _ _ the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ no: 44/2009/QH12 Hanoi, may 25, 2009 revised, the addition of a number of articles of the law on education _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on amendments and supplements to some articles of the law on education no. 38/2005/QH11, article 1. Amendments and supplements to some articles of the law on education.
1. Item 2 article 6 be amended and supplemented as follows: "2. the education programme must ensure the modernity, stability, consistency, practicality, rationality and inheritance between level and level of training; facilitate the threading, contact information, switching between the level of training, the training and formal education in the national education system; is the basis for ensuring the comprehensive education quality; meet the requirements of international integration ".
2. Paragraph 1 article 11 be amended and supplemented as follows: "1. Universal preschool education to children in age, universal primary education and secondary education establishments. The State decided the plan of universal education, ensuring the conditions for implementation of universal education in the country. "
3. Article 13 is amended and supplemented as follows: "article 13. Investment for investment education for education is an investment in development. Investment in education is the particular investment activity in the field of investment conditions and investment incentives.
State investment priority for education; promotion and protection of the rights, legitimate interests of organizations and individuals in the country, Vietnam who settled in foreign countries, organizations, foreign individuals to invest in education.
The State budget must hold a major role in the total resources invested in education. "
4. Paragraph 3 Article 29 be amended and supplemented as follows: "3. The Minister of education and training issued educational programs; browser and decided textbook to use official, stable, consistent in teaching, studying in educational establishments, including the textbooks by Braille, ethnic and language textbooks for school students, on the basis of the evaluation of the National Council of evaluation of educational programs and textbooks; standard regulations, the process of compiling, editing, educational programs and textbooks; regulating the tasks and powers, method of operation, the standard, the number and structure of members of the National Council of evaluation of educational programs and textbooks.
The Minister of education and training is responsible for the quality of educational programs and textbooks. "
5. Item 2 Article 35 be amended and supplemented as follows: "2. career education curriculum concretize the requirements about the content knowledge, skills provision in educational programs for each subject, scope, level of training, their professional education to meet the requirements of vocational education.
The school principal, Director of the center of vocational organizations compiled or held options; Browse career education curriculum to use as teaching material, the official learning in professional education institutions on the basis of the evaluation of the Board evaluation of the syllabus by the Rector, Director of vocational center established to ensure there are enough, the academic curriculum.
The Minister of education and training, the head of the State Agency of vocational training under the Authority regulating the compilation, selection, evaluation, and use of career education curriculum; General use curriculum regulations, organizations editor and browser use curriculum for the professional education institution. "
6. Paragraph 4 to article 38 be amended and supplemented as follows: "4. doctoral training is done in the four years of study for those who have graduated from University, from two to three years of study for a master's degree. In special circumstances, the time of doctoral training can be extended or shortened according to the regulations of the Minister of education and training.
Research students had no school and focus of the institution allow must still have sufficient amount of study time focus as stipulated in this clause to complete the training process of doctoral degrees, including at least one year of study focus constantly. ".
7. additional clause 5 Article 38 as follows: "5. The Minister of education and training in collaboration with the Ministers, heads of ministerial agencies specifies the training of practical skills level, advanced applications for people who have graduated from the University in some special expertise."
8. Item 2 Article 41 be amended and supplemented as follows: "2. The higher education detailed requirements on content knowledge, skills provision in educational programs for each of the disciplines, fields of study, the level of training of university education, to meet the requirements of the method of education.
Rector of the College, the University organized the compilation or selection organizations; Browse University education curriculum for use as teaching materials, learning in the school on the basis of the evaluation of the Board by the Dean of curriculum evaluation established to ensure there are enough, the academic curriculum.
The Minister of education and training provisions the compilation, selection, evaluation, and use of university education curriculum; General use curriculum regulations, organizations editor and browser use curriculum for colleges and universities. "
9. Article 42 paragraph 1 b is amended and supplemented as follows: "b) College, the University, the Academy (known collectively as the University) college level training, University level; Master's level training, degree when the Minister of education and training.
Scientific Research Institute of doctoral training, in cooperation with the University Master's degree training when he was Minister of education and training. "
10. Item 2 Article 42 be amended and supplemented as follows: "2. In universities, scientific research institutes are allowed to doctoral training when ensuring the following conditions: a) has a team of Professor, Associate Professor, Dr. full, have the ability to build, implement training programs and organizes the Council reviews the thesis;
b) Have the facilities, the equipment guarantees to meet the requirements of training doctoral level;
c) have experience in scientific research; have made the task of the study in the subject of science in the scientific program of the State level or implemented the scientific research mission are of high quality to be published in the country and abroad; have experience in training people to do scientific research. "
11. Paragraph 6 Article 43 be amended and supplemented as follows: "6. The Minister of education and training in collaboration with the Ministers, heads of ministerial agencies recognized qualification rules your skill level practice, application for people who are advanced training after graduation from the University in some special expertise."
12. additional point c paragraph 1 to article 46 as follows: "c) foreign language Center, information technology organization, personal establishment."
13. Paragraph 3 Article 46 be amended and supplemented as follows: "3. education centres regularly perform the regular education program prescribed in clause 1 Article 45 of this law, not make the education to career education degree-level and higher education qualifications. Community Learning Center for implementation of education programs specified in point a and point b paragraph 1 Article 45 of this law. Language Centre, implementation of education programs specified in point c paragraph 1 Article 45 of this law on foreign languages, informatics. "
14. Item 2 Article 48 be amended and supplemented as follows: "2. The school in national education systems of all kinds are established according to the master plan, the State's plan to develop a career in education. The State creates conditions for public schools hold pivotal role within the national education system.
The conditions, procedures and authority established or allowing established; allows operation of education, the Education Act of merging, Division, separation, dissolution of the school are defined in articles 50, 50a, 50b and article 51 of this law. "
15. Article 49 is amended and supplemented as follows: "article 49. The school of State agencies, political organizations, social-political organizations, the people's armed forces 1. The school of State bodies, political organization, social-political organization has the Mission of training cadres and civil servants. The school of the people's armed forces have the task of fostering training officers, non-commissioned officers, professional military and defense workers; fostering leadership, State managers about the tasks and knowledge on defense and security.
2. School of State agencies, political organizations, social-political organizations, the people's armed forces is the institution of the national education system according to the provisions of article 36 and article 42 of this law if it meets the needs of socio-economic development, organisation and operation according to the provisions of the Education Act and the Charter schools in each level and level of training, which is the competent State agencies allow educational activities and educational programmes implemented to grant diplomas, certificates of the national education system.
3. Government regulations specific to the field of State agencies, political organizations, social-political organizations, the people's armed forces. "
16. Article 50 amended and supplemented as follows: "article 50. The school establishment conditions and conditions for allowing educational activities 1. The school was founded when the following conditions: a) Has established field projects consistent with the master plan of socio-economic development planning network of educational establishments has been competent State agencies;
b) project to establish the school clearly define objectives, missions, programs and educational content; land, infrastructure, equipment, location is expected to build the school, organization, and financial resources; strategic direction of building and developing the school.

2. The school is allowed to operate with enough education to the following conditions: a) Has decided to establish or decide to allow the establishment of the school;
b) Have campus, land, physical facilities and equipment meet the requirements of educational activities;
c) school building location ensures a safe, educational environment for learners, who teach and employees;
d) Has educational programs and teaching materials of study prescribed match each level of study and level of training;
DD) has a team of teachers and management personnel of standard, sufficient in number, uniform structure ensuring implementation of educational programmes and the Organization of educational activities;
e) have sufficient financial resources to ensure the maintenance and development of educational activities;
g) Have statutes the Organization and operation of the school.
3. Within the time limit prescribed, if the school has enough of the conditions specified in paragraph 2 of this Article shall be the competent authority to allow education activities; expiry of the regulation, if not eligible then decided to establish or decide to allow established recovered.
4. Prime the specific regulations established conditions, allowing educational activities for the University; The Minister of education and training, the head of the State Agency of vocational training under the authority specified the conditions established, allowing educational activities for schools in the study level and level of training. "
17. Additional Articles 50a and 50b as follows: "article 50a. The Education Act 1. The school suspended the educational activity in the following circumstances: a fraud) have to be allowed for educational activities;
b) does not guarantee one of the conditions specified in paragraph 2 of article 50 of this Law;
c) Who allow educational activities vires;
d) does not implement educational activities within the prescribed time limit from the date allowed educational activities;
DD) violates the provisions of the law on education sanctioned administrative offense in the level are suspended;
e) other circumstances as stipulated by law.
2. The decision to suspend educational activities for schools to clearly identify the reason for the suspension, the suspension period, measures to ensure the rights of teachers, learners and workers in the field. The decision to suspend educational activities for the school to be announced publicly on the mass media.
3. After the time limit, if the cause leading to the suspension are remedied, the Authority decided to suspend a decision allowing the school educational activities.
Article 50b. Dissolve the school 1. The school was dissolved in the following cases: a) serious breach of regulations regarding the management, organization and operation of the school;
b) expiry of the Education Act that didn't fix the cause leading to the suspension;
c) target and active content in the establishment decision or allow founded the school no longer suit the needs of socio-economic development;
d) as suggested by individual organizations.
2. The decision to dissolve the school must clearly identify the reason dissolved, measures to ensure the rights of teachers, learners and workers in the field. The decision to dissolve the school must be announced publicly on the mass media. "
18. Article 51 be amended and supplemented as follows: "article 51. The authority, established procedures or allowing established; allows operation of education, the Education Act; merger, Division, separation, dissolution of the school 1. The authority to establish public schools and allow the establishment of the school, the private school shall be as follows: a) the President of the people's Committee of the district level decision for preschool, kindergarten, elementary school, middle school, school in the nation to sell;
b) Chairman of the provincial people's Committee decision for secondary schools, schools for ethnic boarding secondary school in the province;
c) Ministers, heads of ministerial agencies decide for subordinate middle school;
d) Minister of education and training are crucial to the College University School; The head of the State Agency of vocational decision for vocational colleges;
DD) Prime Minister decided against college.
2. The Minister of education and training allow educational activities for the higher education establishments.
The Minister of education and training, the head of the State Agency of vocational competence rules allow educational activities for schools in the study level and level of training.
3. Who has the authority to establish or allow school founded then has the authority to revoke the decision to establish or allow creation, decide on merger, Division, separation, dissolution of the school. Who has the authority to allow the educational activities, the authorities decided to suspend educational activities.
4. Prime the specific regulations established procedures, allowing established, allowing educational activities, the Education Act, merger, split, split University. The Minister of education and training, the head of the State Agency of vocational competence under specific rules established procedures, allowing established, allowing educational activities, the Education Act, merger, split, split the school in the academic level and level of training. "
19. Paragraph 1 Article 58 be amended and supplemented as follows: "1. Publicize the goal, educational programs, and financial resources, the results of reviews of the quality of education and qualification, the certificate of the University.
Organization of teaching, learning and other educational activities according to the goals, the education program; confirming or issuing certificates under the jurisdiction ".
20. paragraph 1 point b Article 69 is amended and supplemented as follows: "b) Technical Center-career; vocational training centre; continuing education center; community learning centres; Center of foreign language, and information technology. "
21. Point c paragraph 1 Article 69 is amended and supplemented as follows: "c) Scientific Research Institute doctoral training, in cooperation with the University Master's degree training."
22. Item 2 Article 69 is amended and supplemented as follows: "2. the Scientific Research Institute, when the Minister of education and training that allows coordination with the University Master's degree training is responsible for signing the contract with the University for training organization."
23. Paragraph 3 Article 70 is amended and supplemented as follows: "3. Teachers teaching in pre-school institutions, general education, vocational education primary level occupations, vocational, secondary vocational teacher called. Teachers teaching in undergraduate institutions, vocational colleges known as the trainers. "
24. Article 74 is amended and supplemented as follows: "article 74. Visiting 1. A visiting is the one institution that offers people with enough standard rules in paragraph 70 of this Law Article 2 to teach. Who is the institution that offers the teaching known as a visiting teacher or visiting faculty.
2. a visiting teacher visiting lecturers, must perform the duties prescribed in article 72 of this law. A visiting teacher visiting lecturers, is officers, public servants must ensure complete tasks in their work place.
3. Encourage the invited teachers, scientists in the country, the scientist was the Vietnam settled abroad and foreigners to teach at the institution under a visiting mode. "
25. Article 78 is amended and supplemented as follows: "article 78. The institution performing the task of training, teacher training and educational management staff 1. The institution performing the task of training, including teacher training college, the institution has the Faculty of pedagogy, educational institutions are allowed to train, teacher training.
2. pedagogical Schools established by the State for training, teacher training and educational management. The school of education was the first priority in recruiting teachers, layout managers, construction facilities, dormitories and training funding secured. Pedagogical schools have school practice or the practice facility.
3. The institution performing the task of training, fostering management education includes undergraduate institution has the Faculty of educational management, educational institutions are authorized training, fostering management education.
4. The Minister of education and training to allow the institution to be training teachers, educational managers. "
26. Article 81 be amended and supplemented as follows: "article 81. Teacher salaries are entitled to salary, incentive allowances according to the profession, and seniority allowance other allowances according to the regulations of the Government. "
27. Paragraph 4 to article 100 is amended and supplemented as follows: "4. the people's Committee in the scope of its powers, duties, perform the State management of education according to the hierarchy of the Government, including the planned network of educational establishments; examine the observance of the law on education of the institution; is responsible for ensuring the conditions of teacher team, finance, physical facilities, instructional equipment of the public schools in the scope of management; development of the type of school, make socializing-education; guaranteed response to expand the scale, improving the quality and effectiveness of education. "
28. Paragraph 2 to article 101 be amended and supplemented as follows: "2. The tuition, entrance fee; revenues from consulting, technology transfer, production, business, the services of the institution; the Organization's investment, domestic and foreign individuals to development of education; other donor organizations, individuals in the country and abroad in accordance with the law.
The State encourages organizations and individuals to sponsor, support to the educational career development. Not taking advantage of funding, support for education to coerce the contribution amount or kind. "
29. Article 108 paragraph 4 supplements the following: "4. The Prime specifies the Vietnam citizens abroad, academic teaching, scientific research and academic exchanges; cooperation on education with the Organization, foreign individuals and overseas residents to Vietnam. "
30. Article 109 be amended and supplemented as follows:

"Article 109. Encourage cooperation on education with Vietnam 1. Organizations, foreign individuals, international organizations, the Vietnam settled abroad being Vietnam State encourage, facilitate teaching, learning, investment, funding, collaboration, application of science, education and technology transfer in Vietnam; protection of the rights, legitimate interests under the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
2. educational cooperation with Vietnam to ensure the education of people learning about personality, qualities and capacities of citizens; respect for the cultural identity of peoples; implementation of educational goals, content requirements, educational methods match each level of study, level of training in the national education system; educational activities in accordance with the provisions of the law of Vietnam.
3. Forms of collaboration, of the foreign investment on education in Vietnam include: a) the establishment of the institution;
b) training;
c) established a representative office;
d) other forms of cooperation.
4. specific provisions regarding government cooperation, foreign investment in the field of education. "
31. additional Item 3a of Chapter VII, as follows: "item 3a. Quality control in education Article 110a. Content of State management of quality control for education 1. Regulation on standards of educational quality evaluation; process and quality control cycles of education in each level and level of training; active principles, conditions and standards of the Organization, active personal educational quality; licensed educational quality; granted, revoked the certificate of quality education.
2. Operations management education program accreditation and accreditation of the institution.
3. Guide the Organization, individuals and educational institutions perform reviews, quality education.
4. testing, reviews the implementation of the rules on quality control of education.
Article 110b. The principle of quality control The quality control education education must ensure the following principles: 1. the true objective, independent law.
2. Honestly, openly, transparently.
Article 110 c. Organize quality control for education 1. Auditing organization quality education include: a auditing organization) quality of education established by the State;
b) organized by the education quality organization, individual.
2. The Minister of education and training establishment or allowing established accreditation organizations of education; prescribing the conditions of establishment and dissolution of powers, duties, organization of educational quality. "2.
This Act has effect from 1 July 2010.
This law was the National Assembly of the Socialist Republic of Vietnam tags XII, session 6 through April 25, 2009./.