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Circular 47/2011/ttlt-Bgddt-Bnv: Guidance On The Functions, Duties, Powers, Organizational Structure And Staffing Of The Department Of Education And Training Department Of The Provincial People's Committee, And City Currency

Original Language Title: Thông tư liên tịch 47/2011/TTLT-BGDĐT-BNV: Hướng dẫn về chức năng, nhiệm vụ, quyền hạn, cơ cấu tổ chức và biên chế của Sở Giáo dục và Đào tạo thuộc Ủy ban nhân dân tỉnh, thành phố trực thu

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Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

Pursuant to Decree No. 32/2008/ND-CP dated 19 March 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 on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;

Pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization to the professional body in the people's committees of provinces and cities under central;

Pursuant to Decree No. 14/2008/ND-CP DATED April 2, 2008 Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;

Pursuant to Decree No. 21/2010/ND-CP on 08 Mar 2010 about the Government's payroll management public servants;

Pursuant to Decree No. 115/2010/ND-CP on December 24, 2010 the Government's governance responsibilities in education;

The Ministry of education and training and the guidance on the functions, duties, powers, organizational structure and staffing 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 COMMITTEE at district level) as follows: chapter I the DEPARTMENT of EDUCATION and Training 1. Function 1. The Department of education and training is the professional body in the provincial PEOPLE'S COMMITTEE, Chairman of the provincial PEOPLE'S COMMITTEE, 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; ensuring quality of education and training.

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, guiding the test of professional expertise of the Ministry of education and training.

Article 2. Duties and powers 1. Hosted, in cooperation with the relevant organs of the provincial PEOPLE'S COMMITTEE: a) the draft planning, long term plan, 5 year and annually, program, project, scheme, measures to implement the tasks of State administration reform, decisions, directives in the field of education under the authority of the provincial PEOPLE'S COMMITTEE of management for the development of education;

b) draft income tuition, entrance fee to the institution in the scope of local management to provincial PEOPLE'S COMMITTEE of the people's Council decided at the same level as prescribed by the law;

c) draft regulations on the standard title for the head, deputies of the head of the unit in the Department of education and training, the education and training Department of the PEOPLE'S COMMITTEES at district level and other documents issued under the authority of provincial PEOPLE'S COMMITTEES in the field of education.

2. Hosted, in cooperation with the relevant agencies in the provincial PEOPLE'S COMMITTEE Chairman: a) the draft decision on the establishment, allow establishment, merger, Division, dissolution, separation, transformation of the institution (including the institution of participatory organizations , personal): professional secondary schools; secondary school, the school has many levels, including high school level; ethnic boarding schools; continuing education center; General Technical Center-career; the school fostered the education managers (if any); Center of foreign language, information technology and other education establishments (if any) under the authority of the State management of the provincial PEOPLE'S COMMITTEE;

b) draft regulations the working relationship between the Department of education and training with the relevant Departments and the PEOPLE'S COMMITTEE at district level.

3. Advocacy, dissemination and implementation of the legal text, planning, plan, project, program, and other content on education after being approved by the competent authority.

4. Instructions, implementation, test, inspect the work of professional educational institutions affiliated to the Department, the education and training on the implementation of the goals, programs, content, educational plan; the work of admissions, examinations, degree level, review, certification, quality education; the work of universal education, combating illiteracy, social construction of local learning and other educational activities under the guidance of the Ministry of education and training.

5. The decision to open the training level professional qualification for the professional secondary schools Department under the Ministry of education and training.

6. The decision to allow the operation of education, the Education Act the institution specified in point a of paragraph 2 article 2 this circular as prescribed by the Ministry of education and training.

7. Guide the construction and general training plan, fostering public servants, employees of the institutions under the jurisdiction of the provincial PEOPLE'S COMMITTEE management; the Organization implemented after being approved by the competent 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 expertise.

9. Organization building advanced eukaryotes, and done the work competition, commended on education in the province.

10. Help provincial PEOPLE'S COMMITTEE on State management of activities related to the field of education of enterprises, organizations, individuals in the locality; instructions and check the operation of the Assembly, non-governmental organizations in the field of education as defined by local law.

11. In collaboration with the Department of planning and investment appraisals of conditions, criteria for the competent authority granting investment certificate about education for the Organization, 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.

12. Help provincial PEOPLE'S COMMITTEE to manage the State service organizations who study domestic self-sufficiency under the provisions of the law.

13. Implementation of the international cooperation in the field of education under the provisions of the law and of the provincial PEOPLE'S COMMITTEE.

14. Guide and oversee organizational socialization of education; mobilization, management and use of resources to develop local education; check the implementation of autonomy, the responsibility of the public institution subordinated to the Department under the provisions of the law.

15. Guide the institution to identify the location of the job, the number of people employed; General location of the job, the number of people employed by the institutions subordinated to the Department every year; the authority approved the employment position category, the number of people working for the Department of education establishments; implementation and examine the recruitment, use, contract, maneuver, rotation, dispatched and a policy for civil servants, officers of the Education Department and the Department of education and training.

16. Specific provisions, duties, functions and powers of the Department Organization and the affiliated institutions; the decision to appoint, appointment, dismissal, transfer, resignation, demoted the head, deputies of the head of the Organization Department and the Education Department; recognition, not the Board, Chairman of the Board, the principal, vice principal of the institution in addition to the established State management authority of provincial PEOPLE'S COMMITTEES, including the College private schools close across the province.

17. the Chairman, in collaboration with the Department of finance, Department of planning and investment to concretize the standards and norms of local education funding; guide the construction and estimating the annual education budget for the Education Department; the decision handed the education budget estimation for the institutions subordinated to the Department after it has been approved by the competent authority; determined, balanced the State budget spent on education each year the competent bodies for approval; check the use of the State budget and other sources of legal income of the institution in the province.

18. Help provincial PEOPLE'S COMMITTEE made to check compliance with the law on education in ensuring that the conditions of establishment of schools, educational activities, studies, training, quality public education, conditions ensuring the quality of education, the training associated with the social demand for the institution of local University under the Ministry of education and training.

19. Implementation of the administrative reform, the work of saving practices, anti-corruption, waste; inspection, inspection, complaints, accusations, proposals related to education and handling of violations in accordance with the law.

20. Make stats, information, periodic and annual reports, to report irregular on the Organization and functioning of local education with the provincial PEOPLE'S COMMITTEE and the Ministry of education and training.

21. financial management, property, facilities are assigned according to the provisions of the law and of the provincial PEOPLE'S COMMITTEE; perform other duties assigned by the provincial PEOPLE'S COMMITTEE.

Article 3. Organization and staffing 1. Head of the Department of education and training have directors and not more than 3 Associate Director; for the Department of education and training in the city of Hanoi and Ho Chi Minh City 04 Deputy Director.

2. Organizational structure a) organizational structure the Department includes: Inspector, Office, personnel, accounting and financial expertise, career service;

b) Director of the Department of education and training, in collaboration with the Department of the Interior provincial PEOPLE'S COMMITTEE decided the specific professional expertise in the room;


c) institutions affiliated to the Department of education and training, including: College, professional secondary schools (not including colleges, professional level of closed sets in the area); secondary school; schools have multiple levels, including high school level; ethnic boarding schools; General Technical Center-career; continuing education center; Center of foreign language, and information technology; the school, the class for the disabled; the school, pedagogical practice facility and the other affiliated institution (if any) under the authority of the State management of the provincial PEOPLE'S COMMITTEE.

3. Base payroll regulations of payroll management state public officials, the Department of education and training in collaboration with the Department of the interior building location and the structure of public servants under the quota, the provincial PEOPLE'S COMMITTEE approval and the decision of the annual payroll of the Department of education and training sure enough, staffing employment placement officer to perform the functions and duties assigned.

Chapter II EDUCATION and Training 4. The position and function 1. Education and training is under professional bodies at district level, staff functions, help level PEOPLE'S COMMITTEES implement state management functions on 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 of organization, staffing and the work of district level; at the same time subject to the guidelines, the test of professional expertise of the Department of education and training.

Article 5. Duties and powers 1. Hosted, in cooperation with the relevant organs of the PEOPLE'S COMMITTEE of the district level: a) the draft text of the guidelines the policy mechanisms, laws, the provisions of the provincial PEOPLE'S COMMITTEE on educational activities;

b) the draft decision, directive, planned, planned for 5 years, every year and the programme content, the State administrative reform in the field of education;

c) draft plans of the middle school, the school has many levels, which do not have the secondary school level; schools that sell ethnic stay; elementary school; preschool, kindergarten, school, youth groups, kindergarten, not including the young group, independent private kindergarten class (referred to as preschool education institution) and the Center for the study of local communities under the guidance of the Department of education and training and the PEOPLE'S COMMITTEE at district level.

2. Hosted, in cooperation with the relevant bodies the Council districts: draft decision (for the public institution), allowing established (for the public outside the institution), merger, Division, separation, dissolution of the educational institutions (including educational institutions have the investment of organizations , personal): junior high school; schools have multiple levels, which do not have the secondary school level; schools that sell ethnic stay; elementary school; preschool educational establishments; community learning centres; the institution has a different name (if any) under the authority of the PEOPLE'S COMMITTEE of management at district level.

3. Guide the Organization made the legal text, program, plans to develop local education, mechanisms, policies about the socialization of education after being approved by the competent authority; mobilization, management and use of resources to develop local education; advocacy, dissemination, legal education and information about education.

4. The decision to allow the operation of education, the Education Act the institution specified in clause 2 5 of this circular as prescribed by the Ministry of education and training.

5. Guide and implementation goals, content, programs, planning, expertise, professional, educational activities, secondary education; the work of admissions, examinations, reviewing, issuing certificates for the institutions under the jurisdiction of the PEOPLE'S COMMITTEE of management at district level.

6. building plans and implementation, fostering the training of civil servants, staff of the institutions under the jurisdiction of district-level management after being approved by the competent authority.

7. Organize the application of scientific achievements, experience, advanced technology, experience, local initiatives in the field of education.

8. oversee the Organization and construction of advanced typical, emulation, commended on education district.

9. In coordination with the Interior Room to guide the institution to identify the location of the job, the number of people employed; General location of the job, the number of people employed by the institution; job placement decisions, the number of people working for the institution after it has been approved by the competent authority; implementation and examine the recruitment, use, contract, maneuver, rotation, dispatched and a policy for civil servants, officers of the institutions under the jurisdiction of the district-level administration and public officials of the education and training Rooms.

10. Decides to appoint, appointment, dismissal, transfer, resignation, demoted the head, deputies of the head of the public institution; recognition, not the Board, Chairman of the Board, the principal, vice principal of the institution in addition to the established authority of management at district level in accordance with the law and authorized by the PEOPLE'S COMMITTEE at district level.

11. Guide the institution building, estimating the annual education budget; the aggregate annual education budget to financial institutions the same level the competent bodies for approval; the decision handed the education budget estimation for the institution to be approved by the competent authority; in collaboration with financial-plan determined, balanced the State budget spent on education by the local competent authority approval; instructions, check the use of the State budget and other sources of legal income for education for the institution under the jurisdiction of the PEOPLE'S COMMITTEE of management at district level.

12. In collaboration with the civil service, finance and planning district-level PEOPLE'S COMMITTEES help-check, the Inspector make the autonomy, accountability of public institutions under the jurisdiction of the PEOPLE'S COMMITTEE of management at district level.

13. Implementation of the administrative reform, work practices, anti-corruption, savings, waste; inspection, inspection, complaints, accusations, proposals related to education and handling of violations in accordance with the law.

14. Perform statistics, information, periodic and annual reports, reported irregular about the Organization and educational activities under the guidance of the Department of education and training and the PEOPLE'S COMMITTEE at district level.

15. financial management, property, facilities are assigned according to the provisions of the law and of the district level; perform other duties assigned by the district-level PEOPLE'S COMMITTEE Chairman.

Article 6. Organization and staffing 1. Leadership education and training Rooms have the head and not over 3 Deputy head.

2. Staffing based on the current state of the regulations on the management of staffing, education and training in collaboration with the civil service to locate employment and structure public officials according to the quota approved by the district-level PEOPLE'S COMMITTEES and the decision of the Executive staffing in the Office of education and training sure enough, staffing employment placement officer to perform the functions and duties assigned.

3. The institution: education and training is responsible for helping the PEOPLE'S COMMITTEE at district level governance for institutions (including educational institutions have the participation of institutions and individuals overseas): junior high school; schools have multiple levels, which do not have the secondary school level; schools that sell ethnic stay; elementary school; preschool institutions.

Chapter III IMPLEMENTATION article 7. Effective circular has effect after 45 days from the date of signing and replacing circular No. 35/2008/TTLT-BGDDT-BNV on July 14, 2008 of Ministry of education and training and the Department of the Interior manual functions, tasks, powers and organizational structure of the Department of education and training Department of the provincial PEOPLE'S COMMITTEE Education and training, in the PEOPLE'S COMMITTEES at district level.

Article 8. Implementation 1. Pursuant to instruction in this circular, the people's committees of provinces and cities under central specified, functions, duties, powers, organization of the Department of education and training; district-level PEOPLE'S COMMITTEES guide specifies the functions, duties, powers, organization of education and training.

2. 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 provinces and cities under central timely reflection of the Ministry of education and training and the Ministry of the Interior reviewed, resolved according to jurisdiction./.