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Circular 35/2008/ttlt-Bgddt-Bnv: Guidance On The Functions, Duties, Powers And Organizational Structure Of The Department Of Education And Training Department Of The Provincial People's Committee, The Education And Training Room T

Original Language Title: Thông tư liên tịch 35/2008/TTLT-BGDĐT-BNV: Hướng dẫn về chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Sở Giáo dục và Đào tạo thuộc Uỷ ban nhân dân cấp tỉnh, Phòng Giáo dục và Đào t

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Pursuant to Decree No. 13/2008/ND-CP on 04/02/2008 of the Government held the professional body in the people's committees of provinces and cities under central;

Pursuant to Decree No. 14/2008/ND-CP on 04/02/2008 the Government of organizing the specialized agencies in the district people's Committee, district, town, city in the province;

Pursuant to Decree No. 178/2007/ND-CP dated 03/12/2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

Pursuant to Decree No. 32/2008/ND-CP dated 19/3/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of education and training;

Pursuant to Decree No. 48/2008/ND-CP dated 17/4/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;

Contact the Ministry of education and training and the guidance on the functions, duties, powers and organizational structure of the Department of education and training in the people's committees of provinces and cities under central (hereafter referred to collectively as the provincial people's Committee), education and training Department of the people's Committee of the district , district, town, city in the province (hereinafter referred to as the people's committees at district level), as follows: part I the DEPARTMENT of EDUCATION and TRAINING I. LOCATION and FUNCTION 1. The Department of education and training is the professional body in the provincial people's Committee has the function, Chief of provincial people's committees to help implement state management functions on education and training, including: goals, programs, educational content and teacher standards, training and standards officer management education; the standard of the facilities, school supplies and children's toys; examination regulations and issuing certificates; the service works in the scope of the governance of the Department under the provisions of the law.

2. The Department of education and training has a legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the provincial people's Committee, and subject to the direction, instruction, inspection checks on the professional service of the Ministry of education and training.

II. Duties And POWERS 1. The provincial people's Committee: a) draft decisions, directives and other documents issued under the authority of the provincial people's Committee on education and training;

b) draft master plan, 5 year plan and annual plans, programs, projects in the field of education and training, measures to implement the task of administrative reform of the State sector, the education sector in the scope of governance be delivered;

c) draft specific levels of tuition fees for the vocational education and training in the scope of local management to the provincial people's Committee of the people's Council decided at the same level as prescribed by the law;

d) draft regulations on standards for the title Chief, Vice the unit in the Department of education and training, Minister, Deputy Head of the education and training Department of the people's committees at district level.

2. The Chairman of the provincial people's Committee: a) the draft decision on the establishment, merger, splitting, active suspension, dissolution of the public institution subordinated to the Department; allowing established, active suspension, dissolution of the non-public education institution established in the scope of management of the Department in accordance with the law;

b) draft regulations the working relationship between the Department of education and training with the relevant Departments and the people's committees at district level;

c) draft decision on recognition of kindergartens, schools reach the national standard according to the rules of national standard school education and training;

d) draft decisions, the other individual directives issued under the authority of the Chairman of the provincial people's Committee.

3. Guide the Organization made the legal documents, policies, planning, plan, project, program, and the content of education and training after being approved; the Organization of information, propaganda, popular legal education on education and training in the scope of management of the Department.

4. Guide on professional service for subdivisions, departments, education and training on the implementation of the objective, content, programs, plans and activities of education and other training as prescribed by the law and the Ministry of education and training.

5. Manage recruitment work, examinations, reviewing, issuing certificates according to the regulations of the Ministry of education and training; instructions, inspection, inspection of the management of the quality of education and training for the vocational education and training.

6. Instructions and organizations make job on education under the guidance of the Ministry of education and training and the provisions of the law.

7. Build training plans, training teachers and educational administrators, school-level disciplines within the management of the Department; guidelines and implementation training plan, fostering a team of teachers and educational administrators after it is approved by the authority.

8. Organization of the application of scientific achievements, experience-advanced technologies in education; summarizing experiences, local initiatives; management of scientific research and technology in the institutions subordinated to the Department; construction of the information system hosting service, the management of the State and professional service.

9. Instructions, test, and oversee the Organization of the competition, reward for the educational and training establishments; build advanced eukaryotes and on education and training in the province.

10. Instructions, implementation mechanisms, policies about socialized education; mobilization, management and use of resources to develop local education career.

11. Help provincial people's Committee of management for the State enterprises, collective economic organizations, the private sector is relevant to the local education sector; instructions and check the operation of the Assembly, non-governmental organizations in the field of education as defined by local law.

12. the Chair, in cooperation with the relevant agencies in the evaluation of the conditions, the criteria for the licensing authority, such participatory organizational investment, foreign individuals; granted, revoked the license of operation; instructions, inspection, inspection of educational activities of the institutions involved in the Organization's investment, foreign individuals under the provisions of the law.

13. Grant and revoke the registration of the service organizations brought people to study overseas in the self-sufficiency level, intermediate level, College, College in the scope of the governance of the Department; check the operation of the organisation according to the regulations of the Ministry of education and training and of the law; Statistics, General people go to research, study abroad in the scope of the governance of the province, reported the Agency had the authority under the rules.

14. Make the task of international cooperation in the field of education and training according to the hierarchy of the provincial people's Committee and the provisions of the law.

15. The guide, examine, inspect the implementation of self-reliance mechanisms responsible for the mission, organization, staffing, financing of the education and training Department under the decentralized management of the provincial people's Committee and the provisions of the law.

16. Build, General Payroll career planning education and local training every year; allocation of payroll target public education career to the Department after the unit has been approved by the authority; Guide, test, and implement the recruitment officer annual education career to the province under the rule of law.

17. the Chairman, in collaboration with the Department of finance, planning and investment, estimating the annual education budget includes: regular spending budget, the basic construction investment spending, stores school equipment, children's toys, national target program the authority for approval; allocation, delivery of the assigned budget estimates for education; the Guide, check out the implementation.

18. Test, inspection and handling violation according to the authority on the implementation of policy, legislation, planning, plan, program, project and the regulation of authority in the field of education and training; complaints, accusations and suggestions of citizens related to the field of education under the authority of the Department of management; saving practices, anti-corruption, wasted by people's Committee's divisions of provincial and regulated by law.

19. the functions, duties and powers of the Office, the Ombudsman, the business and the business units directly under the Department; payroll management, officers, public servants, employees of the Department of education and training and the subdivisions; the decision of appointment, dismissal, resignation, resignation for the head and Deputy of the head of the Organization for the Department; recognized, not recognized, or change the members of the Board of Trustees, principals for private institutions in accordance with the law; implement recruitment, contract labour, movement, rotation and the mode of remuneration policies, reward, or discipline for public servants in the Department under the provisions of the law.

20. In case of necessity serves the career development of education and training at local, Director of the Department of education and training at dynamic decisions of officers, teachers of the sector after the approval authority.

21. financial management, property, infrastructure and implementation of the budget is allocated according to the hierarchy of the provincial people's Committee and the provisions of the law.

22. Perform periodic reports and the implementation of the tasks assigned to the provincial people's Committee and the Ministry of education and training.

23. Perform other duties by the provincial people's Committee or under the provisions of the law.

III. STAFFING And ORGANIZATION 1. Head of a) Department of education and training have directors and not more than 3 Associate Director; for the city of Hanoi, Ho Chi Minh City 04 Deputy Director;

b) Director is the head of Department, responsible to the provincial people's Committee and before the law of all activities of the Department;


c) Deputy Director's Director, responsible to the Executive Director and the law about the tasks assigned; When the Director is absent, a Deputy Director of the Department is the Director of the Department of the executive mandate of the activities of the Department;

d) appointing the Director and Deputy Director by the Chairman of the provincial people's Committee decided according to professional standards, professional education and training issued and according to the provisions of the law. The dismissal, resignation, reward, discipline and the mode, the policy with regard to the Director and Deputy Director of the Department to comply to the provisions of the law.

2. Organizational structure a) the organizations established at the facility include: Office, inspection, personnel, planning and finance.

b) departments, career service professional service be established according to the principle of ensuring the full covering fields, fields of study, academic levels in the range of State management, have a clear mission, function, do not overlap, in accordance with the characteristics of management and actual workload at local Advanced, effective and consistent with the requirements of administrative reform níc home.

Based on the volume of work, nature and specific characteristics of each locality, the Director of the Department of education and training, in collaboration with the Director of the Department of the Interior process of the people's Committee Chairman granted the specific decision number, called departments, professional, but possessed a total of not more than 6 rooms; for the city of Hanoi and Ho Chi Minh City, no more than 7 rooms;

c) The business units directly under the Department, including: the College of pedagogy, pedagogical secondary school, secondary school, high school has many school-level (including grade secondary school); ethnic boarding schools; General Technical Center-career, continuing education center; the school, the class for the disabled; market, the basis of pedagogical practices and institutions have different names (if available).

3. Staffing: a) the Payroll Administration: based on volume, characteristics and properties of the education and training of local, provincial people's Committee's specific decision in the total staffing of the central province is delivered.

b) staffing of the business units directly under the Department by the provincial people's Committee decided according to level of staffing, financial capacity and in accordance with the law.

Part II EDUCATION And TRAINING ROOM I. LOCATION And FUNCTION 1. Education and training is the professional body in the district-level people's committees, which function, Chief of district-level people's committees to help implement state management functions in the areas of education and training, including: program objectives, the content of education and training; teacher standards and standards officers management education; the standard of the facilities, school supplies and children's toys; examination regulations and issuing certificates, ensuring quality of education and training.

2. Education and training have a legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the people's committees at district level; at the same time subjected to steer, guide and the test of professional expertise of the Department of education and training.

II. Duties And POWERS 1. The people's committees at district level: a) the draft guidance documents make policy mechanism, the law, the provisions of the provincial people's Committee on educational activities;

b) the draft decision, directive, 5 year plan, annual and the program content, the State administrative reform in the field of education and training;

c) draft plans of the middle school, high school has many school levels (except for the high school level), elementary school, preschool education and community learning centre on the area under the guidance of the Department of education and training;

d) draft decisions establishing, merging, splitting, active suspension, dissolution of the public education institutions, including: middle school, high school has many school levels (except for the high school level), primary school, pre-school educational establishments; allowing established, active suspension, dissolution of the school, the institution also in public administration of the people's Committee of the district level in accordance with the law.

2. Guidance and is responsible for organizing the legal text, program, plans to develop local education after being approved by the authority; instructions, implementation mechanisms, policies about socialized education; mobilization, management and use of resources to develop your career in education; advocacy, dissemination, legal education and information on education; the direction and implementation of reform of State administration in the field of education; make the objective, content, program planning, expertise, professional, educational activities, secondary education; the work of admissions, examinations, qualifications, review, certification for educational establishments and local training.

3. Build the planning and implementation of training, teacher training and educational management courses, study level in the scope of management of the district after being approved by the authority.

4. Organize the application experience, achievements of science and technology in education, experience, local initiative.

5. Guide to inspection, test, and oversee the Organization of the competition, reward for the educational and training establishments; build advanced eukaryotes and of education in the district.

6. Guide, check out the educational establishments and public training in the scope of management of the staffing plans; General staffing of the public institution in the scope of management of the district, the authority to decide.

7. district-level people's committees to help guide, examine, inspect the implementation of self-reliance mechanisms responsible for the mission, organization, staffing, financial and educational institutions and public training according to the hierarchy of the provincial people's Committee and the provisions of the law.

8. In collaboration with financial-planning and estimating the budget allocation for education, expenditure estimation the national target programme on education of the district under the guidance of the Department of education and training and the Department of finance.

9. test, inspection and handling violation under the jurisdiction the implementation of policies, legislation, plans, programmes, projects and the regulation of authority in the field of education and training; complaints, accusations and suggestions of citizens about the field of education jurisdiction; saving practices, prevention of corruption, waste in accordance with the law.

10. Manage staffing, recruitment, implementation contract work, movement, rotation, training, professional training, professional and done modes, policies, reward, or discipline for officers, public servants, officers and employees in the scope of management as defined by law and authorized by the people's Committee at district level.

11. financial management, property, facilities are assigned according to the provisions of the law and authorized by the people's Committee at district level.

12. Perform periodic reports and the implementation of the tasks assigned to the Committee and the Department of education and training.

13. Perform other duties by the President of the people's Committee at district level and in accordance with the law.

III. STAFFING And ORGANIZATION 1. Education and training rooms have the head and not so Deputy head 3 a) is responsible to the Chief of the people's Committee at district level and before the law about the whole operation of the room.

b) The Deputy head responsible to the Chief and the law on the duties assigned.

c) the appointment of the Chief and Deputy Chief of the people's Committee Chairman by district level decision according to the standard of professional service by the provincial people's Committee issued and according to the provisions of the law. The dismissal, resignation, reward, discipline and other policy regimes for the head, Deputy Head of the implementing provisions of the law.

2. Staffing of the education and training Rooms to be determined on the basis of the base to the volume, nature and specific characteristics of education and training work of the district; the number of Rooms by the President of the people's Committee of the district level in the total payroll of the district are the provincial people's Committee.

3. career education organizations at the district level: middle school, high school has many school levels (except for the high school level), primary schools, secondary schools the nation selling stay (if any), preschool institutions.

The establishment, merger, dissolution, separation, reorganization of the career organization public education at the district level by the district-level people's committees decided according to the master plan has been approved by the authority and the rule of law.

Part III IMPLEMENTATION 1. This circular effect after 15 days from the date of public notice and replacing circular No. 21/2004/TTLT-BGD & TEL-BNV on 23/7/2004 of the Ministry of education and training and the Department of the Interior manual functions, tasks, powers and organization of specialized agencies help the State manage PEOPLE'S COMMITTEE on education and training locally.

2. the people's committees of provinces and cities under central: a) specifies the duties, powers, organization of the Department of education and training; guide the people's Committee at district level specified on the tasks, powers, organisation of education and training;

b) based on the characteristics, development situation of socio-economic and educational development required in local, decided the establishment, merger, dissolution, separation, reorganization of the business units of the public education on the basis of the master plan has been approved by the authority and instructions in this circular.

3. The President of the people's committees of provinces and cities under central organization responsible for implementation of this circular.


In the process, if any problems arise or have difficulties and obstacles, the province, the central cities in need of timely reflection of the Ministry of education and training and the Ministry of the Interior reviewed, resolved according to jurisdiction./.