The DECREE on the Organization and operation of the education inspector _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on the Ombudsman of 15 June 2004;
Pursuant to the law on education of 14 June 2005;
Considering the recommendation of the Minister of education and training, the DECREE: chapter I GENERAL PROVISIONS article 1. The location, the function of the Inspector of education 1. Inspectors of education are held in the Central Department of the Ministry of education and training and in local education and Training Facility in the province, the central cities.
2. educational inspectors perform the function of administrative inspection and inspection of specialization within the governance of education in accordance with the law.
Article 2. The object of the educational inspection 1. Agencies, organizations, individuals under the direct management of State administration in education.
2. Agencies, organizations, individuals and organizations, Vietnam foreign individuals participated in educational activities in Vietnam. The case of the international treaties to which Vietnam is a member have other regulations with the provisions of this Decree shall apply to the provisions of international treaties.
3. Agencies, organizations, individuals active in the field of vocational training not subject of education inspector.
Article 3. The principle activities of the Inspector of education 1. Educational inspection activities must comply with the law, ensure accurate, impartial, honest, open, democratic, timeliness; not impede the operation of the Agency, organization, the individual is subject to the inspection agencies, organizations, and individuals involved.
2. When conducting the inspection, the inspection decision, heads the Agency inspectors, Chief Inspectors, inspectors Union, Union members are subject to the inspection provisions of the law on the Ombudsman and to the provisions of this Decree; to be responsible before the law about the behavior, its decision.
Chapter II Organization, DUTIES and powers of INSPECTORS of EDUCATION article 4. The Organization of educational inspection 1. Inspector education is organized as follows: a) Inspector Ministry of education and training (hereinafter referred to as Inspector);
b) Inspector of Department of education and training in the province, central cities (hereafter referred to as inspection).
2. The inspection and inspection seal and private accounts.
Article 5. Inspector 1. The Inspector is the Agency of the Ministry of education and training, shall assist the Secretary of State about inspection; duties and powers of the administrative inspection and inspection of specialization within the governance of the Ministry of education and training.
2. The Inspector has a Chief Inspector, Deputy Chief Inspector and inspectors.
The Chief Inspector of the Ministry by the Minister of education and training appointment, dismissal, resignation after reunification with the Inspector General.
Deputy Chief Inspector of the Ministry by the Minister of education and training are appointed, dismissed from his post, according to the recommendation of the Chief Inspector.
Inspectors are appointed, dismissed under the provisions of the law.
3. The inspectors have specialist rooms by the Minister of education and training establishment.
4. The Minister of education and training specified functions, mission, organizational structure and staffing of The inspection.
Article 6. Duties, powers of Inspector 1. Perform other duties and powers are specified in clause 1 Article 111, article 112 of the law on education and article 25 of the law on Ombudsman according to the State administration authority of the Ministry of education and training.
2. Operations management education inspector in the scope of the governance of the Ministry of education and training; Guide organization, professional training specialist inspectors for inspection.
3. Presiding, participate in building the legal texts by the Minister of education and training are delivered.
4. track, test, urging the implementation of the conclusions, recommendations, decisions about the handling of the Inspector, the decision sanctioning administrative violations of inspection.
5. Gather, contributor inspectors education inspectors, officers, public officials of the specialized agencies in the people's committees of provinces and cities under central authority, the relevant units to join the Corps of inspectors.
6. Recommendations to State authorities, who have the authority to suspend the enforcement or annulment of the regulations contrary to the law on education was detected through inspection.
7. To sum up, draw experience, professional building inspector within the governance of the Inspector.
Article 7. The duties and powers of the Chief Justice Inspector 1. Duties and powers are specified in articles 26 and 47 of the law on the Ombudsman.
2. Recommendations of the Minister of education and training to handle the overlapping and duplication of program, planning, content inspection, check out the range of State management of the Ministry of education and training; Chief Minister for cooperation with the people's Committee Chairman granted the province to resolve the duplication of program, planning, content inspection, check on the province, central cities.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about handling the inspection within the scope of the responsibilities of Heads of unit, administered by the Ministry of education and training.
4. Instructions, urging the heads of agencies, units administered by the Ministry of education and training in implementation of the provisions of the law on the Ombudsman; in coordination with the heads of agencies, units of the Ministry of education and training in directing, guiding the Organization, internal inspection activity in the Agency, that unit.
5. Inspection check the implementation responsibilities of Heads of unit, administered by the Ministry of education and training in the implementation of the law on the Ombudsman.
6. Report of the Minister of education and training, the Inspector-General of inspection within the scope of its responsibilities.
Article 8. Inspection 1. Inspection is the Agency of the Department of education and training, shall assist the Director in performing tasks of administrative inspection powers and specialized inspection within the scope of the duties and powers of the Director of the Department of education and training.
2. Inspection have the Chief Inspector, Deputy Chief Inspector and inspectors.
The Chief Inspector of the Department by the Director of the Department of education and training appointment, dismissal, resignation after reunification with the Chief Inspector.
Deputy Chief Inspector of the Department is the Director of the Department of education and training are appointed, dismissed from Office, as proposed by the Chief Inspector of the Department.
Inspectors are appointed, dismissed under the provisions of the law.
3. The Director of the Department of education and training functions, mandate and organizational structure of the inspection.
Staffing of the inspection by the Director of the Department of education and training in the total staffing of the Department of education and training.
Article 9. The duties and powers of inspection 1. Perform other duties and powers are specified in clause 1 Article 111, article 112 of the law on education and the law on the Ombudsman's 28 for the objects that are defined in article 2 of this Decree, under the authority of the State management of the Department of education and training.
2. Operations Management specialized inspection of local education; Guide organization, professional training specialist inspectors for the inspectors, inspectors of education collaborators under the guidance of The inspectors and the inspectors.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about the handling of the Inspector, the decision sanctioning administrative violations of inspection.
4. Requests the agencies, related public officials elected to join the Corps of inspectors.
5. Recommendations to State authorities, who have the authority to suspend the enforcement or annulment of the regulations contrary to the laws of the State or contrary to legal specialization on education by the Minister of education and training issued are detected through inspection.

6. To sum up, learned about the activities of local education inspector.
Article 10. The duties and powers of the Chief Justice inspection 1. Duties and powers prescribed in articles 29 and 47 of the law on the Ombudsman.
2. Leadership, direction, inspection instructions, check the inspection activities of the agencies and units within the management of the Director of the Department of education and training.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about handling domain inspection responsibilities of Heads of agencies, units of the administration of the Department of education and training.
4. Inspection, checking the responsibility of Heads of agencies, units of the administration of the Department of education and training in the implementation of the provisions of the law on the Ombudsman.
5. Report of the Director of the Department of education and training, the Chief Inspector, Chief Inspector of the Ministry of education and training in inspection within the scope of its responsibilities.
Chapter III INSPECTION STAFF and COLLABORATORS EDUCATIONAL INSPECTORS article 11. Education inspectors 1. Education inspectors are officials appointed on whether the Inspector to perform inspection duties in the field of education.
2. educational inspectors must meet the general standards of the inspectors stipulated in article 31 of the Act and the other provisions of the relevant laws.
3. education inspectors have duties and powers prescribed in clause 1 Article 40, article 50 of the law on the Ombudsman and other rights, duties under the provisions of the law.
4. educational inspectors be given costumes, and inspectors paid card, allowance under the provisions of the law.
Article 12. Contributor education inspection 1. Education Inspector collaborators who do not belong to the Agency's payroll education inspector, is on tap to make the task of inspection required by the inspection body or authority.
Contributor education inspector subject to the assignment of agency heads and Chief Inspector Inspector Crew.
2. the Ombudsman's collaborators who have professional expertise, consistent with the mission, the inspectors are set to join the inspection, check.
3. On the set, specific standards mode, the responsibility of the collaborators of the education inspection is made under the provisions of the law.
Chapter IV INSPECTION ACTIVITIES EDUCATION article 13. Administrative inspection activities 1. Inspection of the implementation of policy, legislation, tasks for the agencies, organizations, individuals are prescribed in clause 1 article 2 of this Decree.
2. the administrative inspection activities are carried out according to the provisions from Article 34 to 44 Articles of the law on the Ombudsman and other documents guiding the implementation of the law on the Ombudsman.
Article 14. Specialized inspection activities 1. Inspection of the implementation of the policy, legal specialization on education for agencies, organizations, individuals are specified in clause 2 2 of this Decree.
2. Perform the specialized inspection mission on education as specified in clause 2 Article 111 of law education; specifically the following: a) the inspection of the implementation of the policy and the law on education;
b) inspected the implementation of the goals, plans, programs, contents, methods of education, professional regulation, regulation of examinations, issuing certificates; the implementation of the regulations on the necessary conditions for ensuring quality education in educational establishments;
c) made the task of resolving the complaint, the report in the field of education under the provisions of the law on complaints and denunciations;
d) sanctioning administrative violations in the field of education under the provisions of the law on handling administrative violations;
DD) made the task of prevention and fight against corruption in the education sector under the provisions of the law on the fight against corruption;
e) propose measures to ensure enforcement of the law on education; proposed additional amendments to the policies and regulations of the State on education;
g) perform other duties specified by law.
3. The activity of specialized education inspection is done in accordance to article 45 of 52 from the Ombudsman Law and the other legal texts concerned.
Article 15. Forms of inspection 1. Inspection activities are conducted in the form of inspection according to the program, planned and unscheduled inspections.
2. Inspection according to the program, plans are proceeding according to plan, the program has been approved.
3. unscheduled inspections are conducted when agencies, organizations, individuals with signs of breaking the law, as required by the resolution of the complaint, report or by the heads of State administration authority.
Article 16. Inspection operation method 1. The inspection is performed according to the method Delegation inspected or independent inspectors.
2. inspection and inspectors Union activity under the provisions of the law on the Ombudsman and other documents guiding the implementation of the law on the Ombudsman.
3. When conducting the inspection must have the decision of the heads of education inspector or State administration.
4. the head of the delegation inspected, inspectors must be responsible before the law and the decisions of the Ombudsman decision and its handling measures.
5. When the handle breaks, Group Chief Inspector, inspectors must fulfill the order prescribed by the law.
Article 17. Complaints, accusations in the Inspector activities the resolution of complaints, accusations in the inspection activities are carried out according to the provisions of articles 49 and 50 of the Decree No. 41/2005/ND-CP dated 25 March 2005 the Government detailing and guiding the implementation of some articles of the law on the Ombudsman (hereinafter referred to as the Decree No. 41/2005/ND-CP) and the a related law.
Chapter V rights, OBLIGATIONS, responsibilities and RELATIONSHIPS of AGENCIES, organizations, INDIVIDUALS in EDUCATIONAL INSPECTION ACTIVITIES Article 18. The responsibility of the Minister of education and training, the Chairman of the provincial people's Committee, the central cities, the Director of the Department of education and training for inspectors of education 1. The Minister of education and training is responsible for perfecting The inspection organization; organizing and directing activities of the Inspector of education within the governance of the Ministry of education and training; often the direction and ensure the conditions for The inspection activities; timely conclusion, the Ombudsman recommendations.
2. The Chairman of the provincial people's Committee, central cities are responsible for directing the Director of the Department of education and training of the whole event organization, ensuring the conditions of the facilities, technical equipment, costumes for inspection.
3. The Director of the Department of education and training is responsible for the General People's Committee Chairman, central cities event organization-wide inspection; often the direction and ensure the operational conditions for inspection; timely processing of reports, conclusions and recommendations the Inspector.
Article 19. The responsibility of Heads of agencies, administrative career in educational inspection activities as defined in paragraph 113 of the Education Act Article 2 1. Educational inspection activities at the district level by the Chief of the education and training directly in charge according to the direction, the direction of inspection.
2. the Inspector of education activities in schools, professional secondary vocational education to the University by the Rector, heads the direct charge basis as prescribed by the Minister of education and training.
Article 20. The duties, powers and responsibilities of the decision of the Chief Inspector, Inspector, Crew members Crew inspection 1. The decision the Ombudsman must perform the duties, powers and responsibilities specified in articles 42, 43 and 52 of the law on the Ombudsman, Article 26, paragraph 3 of article 27, 28, 30, 31, 32, 33, 35 and 36 of Decree 41/2005/ND-CP and the other provisions of the relevant laws.

2. When performing tasks of administrative inspection, the Chief Inspector of the Union has the duty, responsibility and powers stipulated in article 39 of the law on the Ombudsman, the clause 1 and 2 Article 26, articles 27, 28, 29, 30, 31, 32, 33 and 34 of Decree 41/2005/ND-CP and the other provisions of the relevant laws.
When the task Inspector Inspector Crew Leader, specialized mission, powers and responsibilities specified in article 49 of the law on the Ombudsman, the clause 1 and 2 Article 26, articles 27, 28, 29, 30, 31, 32, 33, 34 and 35 of Decree 41/2005/ND-CP and the other provisions of the relevant laws.
3. When performing tasks of administrative inspection, Inspector Inspector Crew Member has duties, powers and responsibilities specified in paragraph 1 to article 40 of the law on the Ombudsman, Article 26, paragraph 1 of article 27, and 28 of Decree 41/2005/ND-CP and the other provisions of the relevant laws.
When the task Inspector, Inspector Inspector Crew Member has duties, powers and responsibilities specified in article 50 of the law on the Ombudsman, Article 26, paragraph 1 of article 27, and 28 of Decree 41/2005/ND-CP and the other provisions of the relevant laws.
4. During the inspection, the other members of the Corps of inspectors perform the duties, powers and responsibilities specified in paragraph 2 to article 40 of the law on the Ombudsman and clause 1 Article 26 of Decree No. 41/2005/ND-CP article 21. Rights, obligations and responsibilities of the Inspector object; the responsibility of agencies, organizations, individuals concerned 1. The Inspector object has a right, obligation and responsibility as prescribed in clause 1 article 8, articles 53, 54 of the law on the Ombudsman, articles 25, 27, 28, 29, 30, 31, 32, 33, 35, 36, 45, 46 and item 2 Article 51 of Decree 41/2005/ND-CP dated. 2. Agencies, organizations, individuals with information, documents relating to the content inspector must provide adequate, timely as required by the Agency and is responsible for the accuracy, the integrity of the information, the materials were provided. The provision, use and manage information, content material in State secrets made under the provisions of the law on the protection of State secrets.
Article 22. The relation coordination in educational inspection activities 1. Inspector subject to the management, direction of the Minister of education and training and the guidance on work, organizational, professional administrative Inspector of government inspection; instructions, check on inspection in higher education establishments, the professional schools, the business units and enterprises under the Ministry of education and training; hosted, in cooperation with the ministries, ministerial agencies, government agencies in the specialized inspection in higher education establishments, the professional secondary school in ministries, ministerial agencies, government agencies; directed or chaired, coordinated with inspection specialized in the inspection work in the higher education establishments, the professional secondary school in the people's committees of provinces and cities under central.
2. Inspection subject to the management, direction of the Director of the Department of education and training and the guidance on work, organizational, professional administrative inspection of the Inspector and the work, specialized inspection services of the Inspector.
3. The inspection bodies of education within the scope of the task, their powers are responsible for coordination with the public security, procuratorate, bodies, organizations involved in the inspection, testing, prevention, detection, handling the legal violations in educational activities.
4. The organs of public security, procuratorate, discipline inspection committees, levels and agencies, relevant organizations within the scope of the task, their powers are responsible for coordination with the education inspection agencies in the prevention, detection and handling of violations of law in education.
Chapter VI INFRASTRUCTURE and Operations FUNDING 23. The facilities, technical 1. Education inspectors deployed Office, media equipment, means of communication and other technical devices serve for inspection.
2. The Minister of education and training specific rules about the level of technical equipment, management and use of service for inspection.
Article 24. Funding of activities 1. The funding activities of the Inspector of education by the State budget and other sources of funding in accordance with the law.
2. Allocation, management and use of funding activities of educational inspection under the provisions of the law on the State budget and the relevant legal texts.
Chapter VII REWARDS and TREATS breach of article 25. Rewards organizations, individual achievement in educational inspection activity is rewarded according to the provisions of the law.
Article 26. Handle violation decision Inspector, Chief Inspector, inspectors Union, other members of the delegation inspected, the Inspector object, the agencies, organizations, and individuals have legal violations in the activity Inspector, then depending on the nature and extent of the violations that were processed under the provisions of article 51 of Decree 41/2005/ND-CP and the writer a related law.
Chapter VIII TERMS of ENFORCEMENT of article 27. Effect 1. The Decree has effect after 15 days from the date The report.
2. This Decree replaces Decree No. 101/2002/ND-CP dated 10 December 2002 of government regulations on the Organization and activities of the Inspector of education. Repeal of previous regulations contrary to this Decree.
Article 28. Responsibility 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 the provincial people's Committee, the central cities is responsible for the implementation of this Decree.