The DECREE detailing and guiding the implementation of some articles of the law on education _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on education of 14 June 2005;
Considering the recommendation of the Minister of education and training.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree detailing and guiding the implementation of some articles of law education on educational programs, textbooks and teaching materials; check exam and diploma, certification in the national education system; network, organization, activities, tasks, powers of schools and other educational establishments; teacher policy; for policy studies; quality control in education; ensure the financial conditions for education.
2. This Decree shall apply to the University, other institutions in national education systems, institutions, individuals involved in educational activities.
The school of State bodies, political organization, social-political organizations, the armed forces of the people when making educational program of the national education system must comply with the provisions of this Decree.
Article 2. Universal 1. Universal education is the process of organizing to all citizens are learning and reaching a minimum education level under the provisions of the State. Elementary education and secondary education is the universal level.
2. the people's committees of all levels are responsible for: a) guaranteed to every child 6 years are in class a; implementation of universal primary education right age;
b) consolidate, sustain universal results, primary education and combating illiteracy;
c) planning and implementation solutions universal secondary education.
3. for the local (communes, districts, provinces) have been recognized universal standard middle school education, people's committees of all levels have the responsibility to reinforce, sustain universal results middle school education; based on local conditions to build a plan to attract most students graduated from the junior high school attended, intermediate.
4. Each year, the institution and the administrative units (known collectively as the unit) has recognized universal standard for elementary education, middle school education universal basis to conduct the test under standard rules of universal education, a report in writing with the Authority recognized qualifications.
5. The Ministry of education and training is responsible for guidance, supervision, General results of universal education, the Prime Minister's report.
The unit twice does not maintain the universal education results then removed the name from the list of standard units. The recognition again, this must be considered as for units are gaining recognition.
6. The family has the responsibility to create conditions for the members of the family in the age rules are learning to reach the level of compulsory education.
Article 3. Career and threading in education 1. Careers in education is the system of measures for underway inside and outside the school to help students have knowledge about the profession and have the ability to choose the profession on the basis of the combined aspirations, interests of the individual with the needs of employers.
2. Threading in education is organized educational activities on the basis of made career in education, creating conditions for students graduating from high school, college or university level studies continue higher level, middle level, labor or apprenticeship is suitable with the capacity specific conditions, of the individual and social needs; contribute to regulate the industry structure of the labor force consistent with the development needs of the country.
3. The Minister of education and training directed to build the education junior high school, according to the objectives specified in paragraph 3 and paragraph 4 of article 27 of law education, innovation-focused content, educational methods, materialize the knowledge standard, technical education skills-career. At the middle school level, the vocational content be integrated into academic subjects, particularly technology. At the secondary level, vocational content arranged into subjects.
4. Ministry of planning and investment to guide the ministries and provincial people's Committee forecasts determine the human structure according to qualifications and careers in planning, socio-economic development plan of the country, each region and local.
5. the people's committees of all levels are responsible for forecast and announced publicly on the need to use resources in the annual plan, five years of local; construction of specific policy aims to add training to use, directing the Agency to manage the local education quality implementation and effective Threading in education.
6. Universities, colleges, secondary publicized annual capacity, trades training, there are specific measures to use results in vocational school during the admission and training organization.
7. State bodies, social organizations, social organizations, professional organizations have a responsibility to create opportunities for school students become familiar with the environment of his activity.
Article 4. Contact information in education 1. Contact information in education are measures that help the learner can use the study results had to study at the University level, the higher level of the same industry or when turning to training, formal education and training levels more in line with the corresponding content requirements.
2. The Minister of labour, invalids and Social Affairs, the Minister of education and training under the authority, direction construction of vocational programs, professional level with educational programs and other training programs, create conditions for learners inherit the results of learning in general education.
3. The Ministry of education and training, in collaboration with the Ministry of labor, invalids and Social Affairs regulations on the recognition of the value of converting study results.
4. the principal institution University of professional education, pursuant to the provisions mentioned in paragraph 3 of this article and program frameworks, determine the suitability of the program and to review the conditions of the facilities the Faculty decided to recognize the value of converting the results of learning in each specific case.
5. A student has the right to register transfer programs of study according to the regulations of the State and of the institution.
Article 5. Teaching and learning of foreign languages, foreign language teaching and learning in schools and other institutions 1. Foreign language teaching and learning in schools and other institutions should ensure the following requirements: a) for education: learning and teaching organization at least a common language in international transactions; students are constantly learning from grade 3 to grade 12. Encourage students to learn the other language;
b) for professional education and university education: the learning organization consistent with professional requirements for students, students, students.
2. The Minister of education and training to build the master plan stipulates the conditions and implementation of foreign language teaching in schools and other educational establishments, ensuring implementation of the requirements prescribed in paragraph 1 of this Article.
3. Teaching and learning in foreign languages as specified by the Prime Minister.
Chapter II EDUCATIONAL PROGRAMS, textbooks and TEACHING MATERIALS article 6. Educational programs 1. The education program and the authority issued the education specified in articles 6, 24, 29, 35, 41, 45 and 100 of the Education Law.
2. The Minister of education and training issued in preschool education programs and educational programs at the level of general education; specific provisions regarding regular education programs, educational programs for schools, classes for disabled people, disability; the framework program issued the industry with regard to higher education, College; hosted, in collaboration with the Ministers, heads of ministerial agencies concerned to enact the framework program for the industry professional.
3. The Minister of labour, invalids and Social Affairs in collaboration with the Ministers, heads of ministerial agencies concerned defined framework for each vocational training level.
The Minister of culture and information in collaboration with the Minister of education and training specific regulations about the education, the training time of the schools, gifted art classes.
Minister, Chairman of the Sports Committee in collaboration with the Minister of education and training specific regulations about the education, the training time of the gifted class, school sport.
The Minister of public security, in coordination with the Minister of education and training, Minister of labor, invalids and Social Affairs regulating educational programs for school teachers.
4. Based on the framework programme has been defined and the training mission of the school, the principal of the institution of professional higher education, facility construction and issued the school's educational program.
5. Authority issuing educational program would then have the authority to decide on changes in the educational program.
Article 7. Standard of knowledge, skill 1. Standard of knowledge, skill in educational programs is the minimum level of knowledge, skills that the learner must gain after the end of an educational program.
Standard of knowledge, skill in educational programmes is based primarily to compiling textbooks, curriculum, evaluation of learning results.
2. Standard of knowledge, skill to ensure the following requirements: a) expressing the educational goals for students, class, level, level of training;
b) demonstrate knowledge, skills and practices to meet the requirements of international integration;
c) materialized into the appropriate criteria, as the basis for the formulation, implementation, follow-up, monitoring and evaluation of the educational program objective.
Article 8. Educational Minister of education and training provisions the compilation of textbooks; the choice of books to teach the pilot, pilot teaching organization, taking the opinions of teachers, scientists, managers, professional associations, education students; the evaluation, browser and decided to choose books to use as textbooks, including textbooks by Braille, ethnic and language textbooks for school students.
Article 9. Syllabus 1. The Minister of education and training, Minister of labor, invalids and Social Affairs under the jurisdiction, regulation subjects should use the general curriculum and organization compiled, browse this curriculum.
Intermediate school, College, University organizations compiled and browse the syllabus of the subjects; Select Advanced, modern curriculum and abroad consistent with the educational objectives, consistent with the programme frameworks and the training of field mission on the basis of the evaluation of the Board evaluation of the syllabus by the principal establishment, ensuring there is enough formal curriculum teaching and learning.
2. Teachers in the vocational educational institution, institution of the University along with the use of the official curriculum for teaching materials selected to teach and expand knowledge for learners on the basis of ensuring the requirements of the education program.
Article 10. Authority in educational programs, textbooks, curriculum 1. Authority in educational programs, textbooks, curriculum is organized to help the competent browser programs, textbooks, curriculum.
Authority in educational programs, textbooks, curriculum includes teachers, educational managers, scientific officer, experienced technicians, the prestige of education and representatives of relevant organizations. Authority in educational programs and textbooks of general education must have at least one third of the total number of members is that the teachers are teaching in the respective academic levels.
2. The Minister of education and training provisions, duties 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 industry authority on the program level professional, the industry authority on higher education programs; regulations the evaluation of educational programs and curriculum in the professional schools, colleges, universities do principals of schools assessment organisations.
3. The Minister of labour, invalids and Social Affairs regulating the tasks and powers, method of operation, the standard, the number and structure of the members of the Council of industry evaluation of career programs; regulate the appraisal program, vocational training in the vocational headed vocational assessment organization.
4. Authority and the members of the Board are responsible for the content and quality appraisal.
Chapter III EXAMINATION and QUALIFICATION EXAMS, certification in the NATIONAL EDUCATION SYSTEM, article 11. Check exam, enrolment, graduation recognition 1. Exam test in national education system include the contest, check out the end of coursework, examinations, examination, exam to select good students.
2. The assessment of learning outcomes, recognizing people who complete a program of study subjects, levels or level of training by checking forms, contest ends coursework, examinations or graduation review; the test results, the test is a base mainly help the school and the educational level of management reviews the quality of education.
The recognition of a graduate level or a level of training is done by: review of graduation for high school; examinations for high schools, intermediate, College; examinations or protection projects, the key conclusion of graduation for the University level; protection of dissertations for master's level; defend the dissertation for the doctoral degree.
The case of training under the credit system, the recognition of completed coursework program, the recognition of graduation for the school are made according to the regulations of credit training by the Ministry of education and training.
3. Examination, the examination in the national education system in order to evaluate the ability of the applicant to choose the school. The admission was made in the form of examination, or a combination of examination and review.
4. Contest to select good students in order to encourage the learning of a student, contributing to detect talent. Prizes in the competitions to select good students are awarded certificates and be rewarded. The Minister of education and training for the specific contest rules select good students.
5. admission rules and regulations on examination, examination, admission procedures, sequences, a policy priority for each type of object, region, profession to ensure equity in education, suitable training structure requirements, encourage gifted students.
6. admission rules, regulations on examinations, graduation review must ensure the following requirements: a) accomplish the purpose of the exam, the student recruitment;
b) ensures accurate, fair, impartial, consistent with the physical age of the contestants;
c) the content of the examinations check located in the educational programs, consistent with the standard of knowledge and skills specified in the education program, the sort of proficiency of the participants, the test results reflect true knowledge, accumulated skills in the learning process and the work of the students;
d) ensure exams test seriously, blocking and timely processing the negative behavior in examinations.
7. The Minister of education and training issued regulation, school admissions, secondary professional, College, undergraduate, masters, PhD. Minister of labor, invalids and social regulation, vocational enrollment.
The provincial people's Committee decided the admission to secondary schools in the form of examination, or a combination of examination and selection, on the basis of the specific conditions of competition, regulation and local recruitment.
Article 12. Diploma, certificate 1. Diploma of the national education system was issued to the school after graduating from a university level or a level of training; the certificate of the national education system was issued to the school after completing a course or a program of training, academic training, career.
Diploma, certificate must reflect the requirements of the educational programs and levels of learners.
2. Management Diploma, certificate must ensure the following principles: a) qualification, the certificate must be the unified management and implementation of decentralized governance; ensure the rights and responsibilities of the institution, in line with international integration;
b) prevent and handle all strict fraud in the allocate and use the degree, certificate.
3. The Minister of education and training, Minister of labor, invalids and Social Affairs under the jurisdiction, regulation on conditions, sequence, procedure for issuing certificates; provisions on the form of diplomas, certificates; regulations on printing and granting, withdrawal, cancellation of certificate, degree.
Article 13. The authority to grant diplomas, certificates 1. The authority to grant the degree of national education systems are defined as follows: a) middle school diploma by the Minister of education and training at the district level;
b) high school diploma by the Director of the Department of education and training;
c) intermediate diploma, college diploma, university diploma by the Rector of the school, where the training organization of the corresponding level; higher education establishments have the Member university rector the University offers members;
d) master's degree by the Rector of the University is allowed to master degree level training; the event allowed Scientific Research Institute in collaboration with the University Master's level training, the Rector of the University Master's degree;
DD) Ph.d. by the Rector of the University or Research Institute Director allowed doctoral level training.
2. The certificate of national education system prescribed in clause 2 article 8 of the Education Act by the head of the institution or the head of the organization allowed to certificate level.
Article 14. The case is withdrawn and the authority to revoke a certificate, degree 1. Diploma, certificate is revoked in the following cases: a) cheating behavior in learning, in the examination, admission or fraud in the making of records to be granted the degree, certificate;
b) levels for non-eligible;
c) Because the person is not competent to grant;
d) erasing, repair;
DD) to let other people use.
2. Authority issuing the certificate, then the responsibility to revoke and cancel the qualification, the certificate.
Article 15. Vietnam's degree recognized by the foreign institution level 1. Vietnam's degree due to foreign institutions grants are recognized in the following cases: a) diplomas granted by foreign institutions are operating legally in Vietnam, performed educational activities as specified in the license and hosted Vietnam's auditing or recognition of quality;
b) qualifications issued by foreign educational establishments in the scope of application of the agreement on the equivalence of diplomas or mutual recognition of diplomas or of international treaties related to the degree to which the Socialist Republic of Vietnam is a Member;
c) diplomas issued by educational institutions abroad; vocational education institutions, higher education establishments in foreign countries where the educational program was auditing agency quality education of that country.
2. The Minister of education and training specific regulations about the order and procedure for recognition of qualifications the Vietnam due to foreign institutions.
Chapter IV network, organization, activities, tasks, POWERS of the UNIVERSITY and OTHER INSTITUTIONS in the NATIONAL EDUCATION SYSTEM, article 16. Schools and other educational establishments 1. The school in the national education system are: preschool, kindergarten, elementary school, middle school, high school, the school has many levels, school, College, University.
2. other educational establishments in the national education system consists of the institution specified in paragraph 1 to article 69 of the law on education.
3. Schools and other educational establishments in the national education system are referred to as the institution.
Article 17. Planning the network of educational institutions 1. Network planning of the institution is distributed, arranged the institution in the national education system according to geographic location, territorial, local and nationwide, for each period in order to concretize the development strategy of education, as a base to build the education development plan.
2. network planning of the institution must ensure the following principles: a) fit the strategy and planning of social-economic development of the country, of industry, of each region, development of the locality; ensure the industry structure, the structure of the level and structure of the region; meet the needs of the people;
b) ensuring diversity, synchronicity of the education system, associated with scientific research, training, production and services; step by step to improve the quality of training, career service industrialization and modernization of the country;
c) consistent with the State's investment capacity and the ability to mobilize the resources of the whole society; create conditions for everyone has the opportunity to participate in the construction of the institution;
d) focus investment for the primary mission, the key institutions and key industries, key economic regions and the regions particularly hard.
3. The planning institutions network includes the following principal contents: a) the structure of the education system and the scale of training by level of study, field of study, level of training, the type of the institution;
b) distribution of the institution according to the nature and social-economic characteristics of each region, each locality;
c) team of teachers, educational managers;
Article 18. The types of educational establishments of the institution in the national education system are organized by type: public, private and people.
1. public education establishments by the competent State organs to form and direct State management organization. Source of investment in the construction of infrastructure and funding for the task often, mainly due to the State budget guarantees.
2. The institution set up by the community in the establishment of the facility, construction of infrastructure and ensure funding operations for the purpose of profit. Residential community includes grassroots organizations and individuals at the village, Hamlet, town, commune, ward.
The institution set up to operate on the basis of self-reliance, responsible for finance, human resources and Government support. Not established the institution in general education, professional education, University education.
Chairman of people's Committee of the district level decided to allow the establishment of the institution of the people's Committee, the direct management of township-level educational establishments set up.
3. private institution due to social organizations, social-professional organization, individual or economic organization founded when the competent State agencies allow. Source of investment in the construction of infrastructure and ensure the funding activities of private institutions are sources of capital outside the State budget.
Article 19. The responsibility and authority to approve the building plans of the institution 1. The Minister of education and training, in collaboration with the Secretary of the Ministry, ministerial-level agencies, government agencies, the Chairman of people's Committee of the province, the city of centrally planned building networks of higher education institutions, colleges, the Prime Minister's approval.
2. The Minister of education and training, Minister of labor, invalids and Social Affairs in collaboration with the heads of the ministries concerned and the Chairman of the provincial people's Committee building plans of the institution; approved under the authority of the planning network of professional education establishments.
3. provincial people's Committee, to base the planning network of higher education establishments, public planning institutions network construction career planning network of educational establishments by local management, the people's Councils at the same level for approval.
4. the people's committees at district level based on the plans of the institution, the building plans of the institution on the District Councils at the same level for approval.
5. With regard to the socio-economic conditions particularly hard, the President of the people's committees of all levels are responsible for consolidating, developing the ethnic boarding schools, universal sales peoples stay, professional institutions, the local institution according to plans priority, teachers layout, infrastructure, equipment and budget for ethnic schools, boarding schools for ethnic.
6. The planning network of local institutions to manage to ensure the following specific requirements: a) each of the communes, wards and towns (hereafter referred to collectively as the communes) have at least one preschool institution, an elementary school; Community Learning Center. Every town has at least one township or phrases middle school, the school can have many levels (elementary-secondary);
b) Every district, County, city, town in the province (hereinafter referred to as the district) has at least a secondary school; There is a continuing education center at district level; chance schools has many levels, vocational Center, General Technical Center-career level school for the disabled, the handicapped. With respect to the mountainous districts, Islands may have ethnic boarding school district level, ethnic schools sell stay;
c) each province, central cities (hereafter referred to as the Department) have at least a secondary school, a Center for continuing education. Depending on the specific conditions and needs of the local, a province can have ethnic boarding schools, schools of art, gifted gifted school sport, specialized secondary school, a school for the disabled, the handicapped.
Article 20. Established educational institutions 1. The establishment of the institution must ensure the following requirements: a) fit the planning network of educational establishments;
b) practicability and efficiency;
c) Created favorable conditions for organization, personal development education;
d) simple, public, transparent administrative procedures;
DD) Have secured places in educational environments, ensuring security for the students, who teach and employees in the school.
2. The school is established when there is a team of teachers and administrators, education programs, school, financial and equipment according to specific standards, meet the operational requirements of the school.
The prime condition specific regulations established the University; The Minister of education and training, Minister of labor, invalids and Social Affairs, under the authority, specifies the conditions established in the grant school and other training level 3. The conditions of establishment, the authority to establish or allow other educational establishment specified in point b of paragraph 1 to article 69 of the law on education is done according to the regulations of the Organization and activities of the institution by the Minister of education and training, Minister of labor, invalids and Social Affairs issued under authority.
4. The procedures of the establishment of the institution by the State Management Agency of competent jurisdiction specified in the Charter school or in the regulation of organization and operation of the school and other institutions.
Article 21. Merger, Division, separation of the institution 1. The merger, split, split the institution must ensure the following requirements: a) fit the planning network of educational establishments;
b) meet the requirements of socio-economic development;
c) guarantee the rights of teachers and learners;
d) contribute to improving the quality and effectiveness of education.
2. The merger, split, split the institution to establish a new institution under the authority of the decision to establish or to allow the establishment of the institution. The case of a merger between the institutions do not do the same authority established the higher authority decisions; the case established the authorized peer, the peer that the authorized decision deals.
3. The order and procedure of the merger, Division, separation of the institution are specified in Charter schools, in the regulations of the Organization and activities of the other institutions.
Article 22. Suspension of operation of the institution 1. The suspension of operation of the institution is done when going to one of the following cases: a) violation of the provisions of the law on sanctioning administrative violations in the field of education in the level are suspended;
b) because of objective reasons does not guarantee the normal operation of the institution.
2. Authority decided to set up or allow the establishment of educational institutions, the Authority decided to suspend the operations of the institution. In the decision to suspend the operations of the institution must clearly identify the reason for suspension of operation, specify the time suspended; measures to ensure the rights of teachers and learners. The decision to suspend the operations of the institution must be announced publicly on the mass media.
3. After the period of suspension, if the cause leading to the suspension are remedied, the competent authority decides to suspend the decision to allow the institution to work again.
4. Order the suspension of operations or procedures allowing the back of the institution specified in the school Charter, bylaws of organization and operation of the school or other education institution.
Article 23. Dissolution of the institution 1. The institution was abolished when occurs a in the following cases:
a) serious breach of the rules of management, organization, activities of the institution;
b) out of time suspension that didn't fix the cause leading to the suspension;
c) target and active content in the establishment decision or allow established the institution no longer match the requirements of socio-economic development;
d) as proposed by the Organization, individuals founded the institution.
2. Authority decided to set up or allow the establishment of competent institutions decided to dissolve or allow the dissolved institution. Direct administration institution building schemes abolished the institution authority decision to dissolve or allow the dissolved institution according to the provisions of article 51 of the law on education. In deciding to dissolve must clearly identify the reason dissolved, measures to ensure the rights of teachers and learners. The decision to dissolve the institution must be announced publicly on the mass information media of the central agencies.
3. The order and procedure of dissolution of the institution specified in the Charter schools, in the Organization and regulation of activities of other institutions.
Article 24. School Council 1. The School Council for public schools, the Board of Trustees for the school, the private school are referred to as the Council of the school.
The School Council is the administrative organization, representative of the owner of the school, for the private school is the sole representative organization of the ownership of the school.
2. The Mission of the School Board as defined in Article 53 of the law on education and are specified in the Charter or bylaws of organization and school activities.
3. The Council of the University has the right to decide the direction of activity, the mobilization of resources for the school; supervising the activities of the school, have the right to introduce people to the competent agency appointed principal (for the public) or to recognize the principal (for private schools); the decision of the problems of organization, personnel, financial, property and investment direction of development of the school according to the regulations.
4. Participants the Board: representatives of the party organization, principals, teachers, educational managers, representatives of organizations and individuals involved in building the school, representative of the production unit, the related business.
The audience joined the Board: those who have the capital to build the school.
5. The detailed rules on the procedure for the establishment, organization, duties and powers of the School Board, of the Board of management are expressed in the Charter or bylaws of organization and operation of the school are stipulated in article 27 of this Decree.
Article 25. Organization of the University type 1. Organization of the University include: a) the Council of the University;
b) directors and Deputy Directors;
c) member universities; the Faculty of the University;
d) organizations of science and technology;
DD) function, the board rooms;
e) the Scientific Council; the Advisory Council established by the Director;
g) Vietnam Communist party organization;
h) the mass and social organizations;
I) serves institutions of training, organization of production and business services.
Regents of the University of no school board.
2. Organization of the University, the Academy include: a) the Council of the University;
b) principals and Vice Principals for the University; The Director and the Deputy Director for the Academy;
c) The Faculty; the Division of the University, the Academy;
d) subjects in the faculty. A number of universities, the Academy of specialization can only have the faculties or departments subordinated to the school;
DD) the Scientific Council; the Advisory Council by the Rector or the Director of the Academy established;
e), the Board functions;
g) organizations of science and technology; the organization serves the training, scientific research and technology; Organization of production, business services;
h) Organization of the Communist Party of Vietnam;
I) unions and social organizations.
3. Organization of the National University made under separate regulations.
4. private universities also have separate rules are embodied in the regulations of the Organization and the operation of private universities.
Article 26. Higher education establishments made regular education programs to secondary college, by graduating the University 1. Higher education establishments are assigned to perform regular education programs to secondary college, by graduating the University when ensuring the following conditions: a) have built up continuing education programmes for training in colleges, University level meet the requirements of formal education;
b) has a sufficient number of faculty, and standard on the structure to perform simultaneous tasks of formal education and continuing education;
c) Have the facilities, equipment, make sure it meets performance requirements at the same time the task of formal education and continuing education.
2. When making regular education programs to secondary college, college diploma, University institutions have the responsibility to build the intake, enrolment organization, organization of training process consistent with the school's training capacity, ensuring the completion of the quality of its training mission.
3. In the case of training links with other institutions of higher education establishments (presiding) just to be associated with the institution is a University, College, school, continuing education centre provincial condition of this institution to ensure the requirements of the base material , and equipment managers must conform to the requirements of each sector are linked to training. The training is done on a contract basis training links; the facility hosted the comprehensive responsibility training on the training link.
4. The Minister of education and training are assigned to perform regular education programs to secondary college, university diploma for higher education institutions are eligible as defined in paragraph 1 of this article; specific regulations, instructions and check the implementation of the program of continuing education for secondary colleges, university diploma of higher education establishments, ensuring implementation of the provisions of article 12 of this Decree.
Article 27. The school Charter, bylaws of organization and operation of the institution 1. School rules are applied equally to all types of schools in one or several levels of study, level of training. Charter schools must show the full content was mainly prescribed in article 52 of law education, on the specific identification of the standard of the equipment, the facilities for teaching, learning, the ratio between teachers and learners, the team of teachers and educational managers for each study level each level of training.
2. Regulations of the Organization and operation of the school include the rules materialize the Charter School to apply for a type of school.
3. Regulations of the Organization and activities of the other institutions are applied to one or more of the institution specified in point b of paragraph 1 to article 69 of law education in the kind of public, private schools. Regulations of the Organization and activities of the institution that regulates: duties and powers of the institution; the Organization of educational activities; duties and powers of the House; duties and rights of the people; Organization and management of the institution; Finance and property of the institution; relations between institutions with social and academic family.
4. Authority issuing the school Charter, bylaws of organization and operation of the school, the Organization and regulation of the activities of the other institutions shall be as follows: a) the Prime Minister issued the University Charter, bylaws of organization and activity of the private University; Regulations of the Organization and operation of the National University;
b) Minister of education and training, in collaboration with the Minister of labor, invalids and Social Affairs issued the Charter College, Charter School;
c) Minister of education and training issued Charter schools have many levels of learning, secondary school and high school; elementary school, preschool, kindergarten; the regulation on organization and operation of the University, the regulations of the Organization and activities of the private school in college degree, professional secondary school levels; Regulations of the Organization and operation of preschool establishment, private schools; Regulations of the Organization and operation of the school;
d) the Minister of labor, invalids and Social Affairs issued the regulation on organization and operation of the private school in intermediate vocational college and the profession;
DD) the authority to enact regulations of the Organization and activities of the other institutions provided for in paragraph 3 to article 69 of the law on education.
Article 28. Transformation of the institution 1. The transformation of the institution, set up established before July 1, 2006 to the other type is specified as follows: a) for preschool education: in the region there are social-economic conditions particularly hard, sold the institution transformed into public institutions; in the remaining regions, the institution selling the converted the institution set up, private schools; case preserved the type of establishment must ensure the right specified in paragraph 2 to article 17 of this Decree;
b) for general education: educational institutions, set up transition to private institutions. In the case of transfer of some sold the institution to the public, then the type of the people's Committee of the provincial people's Council decided to consider, at the same level;
c) for professional education, University education: educational institutions, set up transition to private institutions.
2. Prime principle of prescriptions transformation of higher education institutions, set up was established before 1 January 2006; The Minister of education and training, Minister of labor, invalids and Social Affairs under the jurisdiction, regulation sequence, procedure for changing the institution, set up in the school level and the level of training to public institutions, people-founded and private schools.
Chapter V TEACHER POLICY Article 29. Recruitment, management, dynamic teacher, 1 thing. Recruiting teachers to ensure the provisions of article 70, 77 of the law of education Thing.
2. The Minister of education and training, Minister of labor, invalids and Social Affairs, under the authority, hosted, in collaboration with the Minister of the Interior instructed educational institutions in the recruitment, management, participate in the process of movement of competent State agencies for teachers officers, staff working in public education institutions; regulations of work of teachers in the study level and level of training.
3. The institution set up, private schools do recruit, teacher management, officers, staff working in the facility itself as specified in paragraph 2 to article 65 of the Education Law.
Article 30. Advanced level, fostering professional expertise of teachers who graduated from the level of training to become teachers without training about pedagogical must be fostered on the pedagogical profession.
The Minister of education and training, Minister of labor, invalids and Social Affairs under the jurisdiction, the rules of the program, content, methods, forms of organization, training time for the pedagogical profession who have pedagogical training; provisions on fostering and enhancing the qualifications for teachers; Regulation on conditions to the institution is organized and pedagogical certificates.
Was teachers improve their professional training, enjoy the raw salary and allowances during the learning process.
Article 31. Visiting visiting is the one institution that offers teachers or who have a teacher qualified in other places to teach. Encourage educational establishments to invite teachers, scientists in the country, the scientist was the Vietnam settled abroad and foreigners to teach in Vietnam schools according to a visiting mode.
Minister of education and training, Minister of labor, invalids and Social Affairs, under the authority, specific rules about visiting mode.
Article 32. Awarded the title of honorary doctor 1. Honorary titles are awarded for political activists, the prestigious international society, teacher, scientist was the Vietnam settled abroad, foreigners have contributed much to the cause of education and science of Vietnam.
2. higher education establishments are assigned to doctoral training has the right awarded the title of honorary doctor.
Honorary doctorates are doctorates form; in that instead of "doctorate" credited as "honorary" title of the school.
3. The Minister of education and training guide on order and procedure of awarded the title of honorary doctor.
Chapter VI-POLICY for the SCHOOL Article 33. The object was provided scholarships, grants and tuition exemption 1. The object is to encourage scholarship in learning: a) the student academic achievement in school, the gifted schools;
b) who study results, work up quite the kind from the institution of higher education, career.
2. The object is granted a scholarship policy: a) election system to recruit students;
b) college preparatory school students, ethnic boarding schools;
c) for vocational students, invalids, disabled people, people with disabilities.
3. subsidized object, long, rising tuition and enrollment in priority: a) the wounded, sick, people enjoy the policy as invalids;
b) armed forces hero, hero of labour, who have outstanding achievements in academic, labor, production, combat;
c) students, students who are the martyrs, the wounded, the children of the affected policies as wounded soldiers, the mothers Vietnam hero, the hero of the armed forces, child labour, the hero of the people to help the revolution, offspring of the resistance activity contaminated chemical toxins; children of the revolutionary activities, active resistance, captured enemy equipment; the active person's resistance to liberate the nation, protect the homeland and international missions; children of the revolutionary activities before 1 January 1945 or the revolutionary activities from January 1945 to General before 19 August 1945;
d) ethnic minority People in the social-economic conditions particularly difficult;
DD) students, students whose parents often stay in the high mountain region (except the city, town, commune) and deep-offshore islands;
e) Who is an orphan no refuge;
g) disabled, disabled people have economic difficulties;
h) Who have special circumstances difficult overcoming difficulties learning;
I) students, students who are the workers, the officer that his father or mother was in labor accident support often;
k) students, students with families in poor households according to the General rules of the State.
4. The object does not have to pay your school fees: a) elementary schools;
b) students, students of the College, who studied the pedagogical training.
5. Students, students of the College, who studied the pedagogical training, subject to the provisions of paragraphs 1, 2 and 3 of this priority in the scholarship and social subsidies.
6. The Prime Standard, the rules and procedures of scholarship and tuition exemption policy. The Minister of education and training, Minister of labor, invalids and Social Affairs, according to the authority, the specific rules of priority in recruitment; standards, the level of scholarship procedures and encourage learning for learners.
Minister of labor, invalids and social rules of social support for learners.
Article 34. The policy for children in preschool institutions for children in preschool institutions are nurtured, cared for, educated, protected under the provisions of the law on education, the law on protection, care and education of children and the other provisions of the law.
The Ministry of education and training issued goals, planning and education programs fit with the physical development of children. The people's Committee of the levels is responsible for directing the development of preschool education on the basis of socio-economic development and the development needs of the local preschool education; expand the system of kindergartens and kindergarten schools on all of the population; priority investment development preschool education in the commune there are social-economic conditions particularly difficult and the ethnic minorities.
The educational level of management responsible for the management, monitoring the implementation of the rights of children in pre-school institutions as specified in paragraph 1 to article 84 of the law of education; in collaboration with the health authorities, the women's level, the Committee of population, family and children, who represented the parents guide to student nursing, care, child education, enhance popular knowledge of raising the child, implementation of preventive, routine health screenings for children in preschool institutions sure, for the comprehensive development of children in the educational environment is healthy and safe.
Article 35. Facilitate the development of the gifted learner's 1. The institution is responsible for discovering, fostering gifted learners, create favorable conditions for the gifted talent development on the basis of ensuring the comprehensive education.
2. The Ministry of education and training, the Ministry of culture and information, the Sports Commission and the people's committees of provinces and cities under central responsibility to prioritize teacher dispositions, the facilities, the equipment and the budget for the school, the gifted schools established by the State under the control of management.
3. Who attended the art school of gifted, enjoying sport specific remuneration modes. The Minister of finance, in collaboration with the Minister of culture and information, Minister, Chairman of the Sports Committee and the Minister of education and training policy formulation with regard to remuneration of students the school gifted and preferential investment policies for gifted school by , personal establishment, the Prime Minister's decision.
Article 36. Facilitate learning for disabled people, disability 1. The learner is disabled, the disabled are dedicated class, school or immersing, scholarship, grants and tuition exemption as defined in paragraph 3 to article 33 of this Decree and was granted textbooks, school supplies needed.
2. The Minister of labour, invalids and Social Affairs, in coordination with the ministries concerned to build mechanism, priority policies, incentives for schools, classes for disabled persons, established by the State disability or by individual organizations established to help disabled people disability, rehabilitation, cultural studies, education, integration with the community, the Prime Minister's decision.
The Minister of education and training the Organization of the regulations to the disabled, learning disabled integration in the educational establishments of the national education system.
Article 37. Free-of-charge public service reduction for students, students, students are entitled to free mode, reduced fees when using public services, transportation, entertainment, visiting museums, historical monuments, cultural works as specified.
The Ministry of finance, in cooperation with the Ministry of education and training and the ministries concerned the exemption regulations, reduce fees for students, students when using public services.
Chapter VII EDUCATION QUALITY Article 38. The State administration on work quality control in education 1. The task of the State administration of inspection of the quality of education including: a) issued the regulation on standards of educational quality evaluation; process quality control for education; about active principles, conditions and standards of the Organization, individuals involved in auditing activities the quality of education; about licensing of educational quality;
b) governing the educational program accreditation and accreditation institutions;
c) guide the Organization, individuals and institutions involved in educational quality;
d) checking, monitoring, reviews the implementation of the rules on quality control of education.
2. The Minister of education and training, Minister of labor, invalids and Social Affairs, under the authority, issued the text of State management of quality control for education; regulating the conditions of establishment, functions, duties and powers of the institutions educational quality; Regulation of the auditing cycle educational quality in each level and level of training; directing the education quality.
Article 39. The governing and organization of quality control for education 1. The governing and auditing organization quality education include: a auditing Agency) quality of education established by the State;
b) accreditation organization independent of the State education or social institutions established profession.
2. The quality control organization of education made education program accreditation, the accreditation of the institution according to the following principles: a) independence, objectivity, proper law;
b) honestly, openly, transparently.
Article 40. Auditing results of the program and the institution 1. Auditing results of the education, the institution is testing grounds for recognizing or not recognizing the institution, the education quality standards. The audit results are publicized to socially aware and monitoring.
2. The institution has the right to complain, report, initiated with the competent State agencies about decisions, conclusions, the behaviour of organizations and individuals performing tasks of educational quality as base for the decision, the conclusion is not correct, behavior that is unlawful.
Chapter VIII FINANCIAL CONDITIONS to GUARANTEE Education 41. The State budget spent on education
The estimating, distribution and management of the State budget spent on education is done according to the principles specified in article 102 of the law on education. The Minister of education and training in coordination with the heads of the ministries concerned to build technical education standards as a basis for estimating, distribution and management of the State budget spent on education.
Every year, the Ministry of education and training, Ministry of labor, invalids and Social Affairs in collaboration with the Ministry of finance, the Ministry of planning and investment estimation, construction methods to allocate and manage the State budget spent on education under the provisions of the law on the State budget.
Article 42. The education credit, encourage school Foundation, the educational foundation 1. The education credit is not for the purpose of operating profit to the learner in low income families are borrowing money to learn, enjoy preferential interest rate and repayment period.
The education credit by the Bank of social policy organized and implemented under the provisions of the law on credit for the poor and other policy objects.
2. academic promotion Foundation, the educational foundation is the Organization, personal funds established under the voluntary guidelines, not for the purpose of operating profits to support, motivate, reward, encourage people to school, help students financially, contributing to the development of education.
Chapter IX Article 43 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect after 15 days from the date The report. The previous provisions contrary to this Decree are repealed.
Article 44. Responsible for enforcing Decree 1. The Minister of education and training guidelines for implementing this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and other agencies responsible for the implementation of this Decree.