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Decree 88/2001/nd-Cp: Regarding The Implementation Of Universal Secondary Education

Original Language Title: Nghị định 88/2001/NĐ-CP: Về thực hiện phổ cập giáo dục trung học cơ sở

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GOVERNMENT DECREE on the implementation of universal secondary education the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law on education in March 1998;
Pursuant resolution No. 41/2000/QH10 on 9 December 2000 of the Xth Congress, session 8 on the implementation of universal secondary education;
According to the recommendation of the Minister of education and training, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this regulation decrees and instructions detailing the implementation of the Education Law and the resolution of Parliament on the implementation of universal secondary education during the period from 2001 to 2010; define the responsibilities of the State administration, schools and other institutions, families, organizations and individuals in the implementation of universal secondary education.
Article 2. The object universal secondary education universal object middle school education are young, Vietnam youth between the ages of 11 to 18, most have graduated from primary school, not yet graduated from high school.
Article 3. Explanation of terms These terms below to use in this Decree are interpreted as follows: 1. The age of universal secondary education as from the age of 11 to the end of 18 years.
2. The middle level was the high middle school graduated according to the provisions of article 27 of the law on education.
3. The residence is where students have registered permanent residence or the place of registered students staying and living regularly in it from 6 months upwards.
4. public junior high School in student's residence is a public junior high school in the communes, wards and towns where students reside.
5. The area of a public junior high school is a residential area where the school is responsible for enrollment prescribed by the education agency directly.
6. There were social-economic conditions difficult and particularly difficult is the commune in the program of social-economic development of the town particularly difficult mountainous and remote areas are the Prime rules.
Article 4. Goal of universal secondary education universal targets middle school education is guaranteed for most youth, teenager after graduation of primary school continue studies to reach the level of high school before the age of 18, to meet the requirements of advanced recreation , human resources training, the fostering of talents to serve the industrialization and modernization of the country.
Article 5. The education program, the education method 1. Educational programs are applied to make universal secondary school is the middle school program or supplementary program secondary school by the Ministry of education and training.
2. educational methods applied to implement universal junior secondary education is the method of formal education or non-formal education methods.
3. The application of secondary programs according to the method of formal education and supplement program secondary school according to the method of formal education in the educational institutions specified in article 10 of this Decree.
Article 6. Investment for universal secondary education 1. Universal secondary education is a goal in the national target programme on education and training, investment from the State budget.
2. State policy to encourage, support and facilitate the educational institutions outside the public task universal secondary education; encourage and facilitate for international organizations, Governments, the alien, the Vietnam overseas residents to participate in the implementation of universal secondary education in Vietnam under the provisions of the law.
 
Chapter II RIGHTS and OBLIGATIONS of the UNIVERSAL AUDIENCE SECONDARY EDUCATION article 7. Rights and obligations of the universal audience secondary education 1. Learning to secondary level is the right and duty of all universal objects middle school education.
2. the object of universal secondary education to study at the secondary school in residence under the guidance of the Ministry of education and training.
3. The object universal secondary education if, for particularly difficult circumstances cannot middle school program according to the method of formal education can study additional secondary school according to the method of formal education do secondary school , Center for continuing education, General Technical Center-career, another institution organized.
Article 8. Currency and long, rising tuition, textbooks and school-level products for universal audience secondary education 1. Tuition fees for the object universal junior secondary, except the objects in an exemption to the provisions in paragraph 2 of this Article.
2. Long, rising tuition fees and other donations for the universal object of education in junior high school: a) enjoy preferential policies according to the provisions of Decree No. 28/CP on April 29, 1995 by the Government;
b) enjoy preferential policies according to the provisions in item 1 and item 2 Article 32, paragraph 1 Article 36 paragraph 1 and Article 38 of Decree No. 43/2000/ND-CP dated 30 August 2000 by the Government;
c) the irregular method because the economic situation is particularly difficult as prescribed by the Ministry of education and training.
3. level textbooks and school supplies for the universal object of education in junior high school: a) students in the educational institutions in the town are the social-economic conditions difficult and particularly hard;
b) supplementary programme biology school, according to the main method not because of economic circumstances particularly difficult according to the regulations of the Ministry of education and training.
Article 9. Universal secondary education for youth, teens and youth overseas Vietnam, teens who are living overseas in Vietnam 1. Youth, teens Vietnam subject to universal secondary education live abroad are the father, mother or guardian create necessary conditions and State help to implement universal junior secondary education.
2. Youth, teens are foreigners living in Vietnam, has graduated from primary school, aspiring high school campus in Vietnam allowed the school to junior high school and residence are entitled to all benefits as students in Vietnam.
 
Chapter III the SCHOOL, family and SOCIETY in the REALIZATION OF UNIVERSAL SECONDARY EDUCATION article 10. The responsibilities of middle school, continuing education center, General Technical Center-career and the other institutions of the national education system 1. Middle School, continuing education center, General Technical Center-career and other educational establishments in the kind of public, semi-public, people-founded and private schools have the responsibility to implement universal junior secondary education; in collaboration with the Government, families, organizations and individuals to mobilize students subject to universal education to junior high school; close collaboration between school education with family education and social education, build healthy education environment.
2. Middle School is responsible for: a) made middle school program according to the method of formal education, ensure the quality and effectiveness of education;
b) organized the programme complement junior under irregular education method for the object universal secondary education do not have the learning conditions according to formal methods, when direct administration of educational mission;

c) receiving, learning organization for the universal object of education secondary residences often on geographical scope of market charge; can receive more students outside the area of responsibility but does not exceed the quota on the number of students per class as specified by the Ministry of education and training.
3. continuing education centre is responsible for implementing the program supplement junior under irregular education method for the object universal secondary education do not have conditions to study at the secondary school.
4. General Technical Center-career, within the assigned function, are responsible for coordinating with middle school, continuing education center perform the duties prescribed in clause 2 and 3 of this Article.
5. other educational institutions have the responsibility to participate in the implementation of universal secondary education on the basis of the request of the local authorities and direct administration.
Article 11. The responsibilities and rights of parents or guardians for the universal object of education middle school parents or guardians (hereinafter referred to as the father, the mother) has the following rights and responsibilities: 1. Ensuring for the child or children are guardianship (hereinafter referred to as the child) subject to universal secondary education to achieve high levels of learning Junior.
2. Create conditions for children to be learning, work, participation in the activities of the school to develop comprehensive ethical, intellectual, physical, aesthetic aims to achieve the goal of middle school education.
3. Tuition for your child according to the current rules, if the subject is.
4. In conjunction with the school and the unions in the education of their children, make the appropriate legal education; a good example for your children in the family and social life.
5. Contribute comments to the school or the education administration about implementing universal secondary education.
6. Participation in the activities of his father, his mother due to the school or educational administration organization aimed at implementing universal secondary education.
Article 12. The responsibilities and powers of the institutions and the citizens for the universal secondary education by State agencies, political organizations, social-political organizations, social organizations, social organizations, professional organizations, people's armed units and all citizens are responsible and have the right to participate in implementing universal education high school the Department depending on the ability, its conditions and according to the provisions of the law. In particular: 1. Lobbying parents ensure their children in the age of universal academic junior middle school level.
2. In collaboration with the school of education administration, helping the audience universal secondary education made universal secondary education.
3. implementation and advocacy organizations, domestic and foreign individuals contribute money, effort for the school or the education administration in accordance with law to universal secondary education.
4. check, monitoring State agencies, schools, families, organizations and individuals in the implementation of the policy of universal secondary education; complaints, accusations as prescribed by law for the behavior to prevent universal secondary education.
5. Advocacy universal secondary education.
 
Chapter IV CONDITIONS ENSURING UNIVERSAL SECONDARY EDUCATION article 13. Finance 1. The financial resources used to implement universal junior secondary education include: the State budget; tuition, donations to build the school, the class; the donations of organizations and individuals in the country, foreign and other illegal sources of income (if any) prescribed by the law, in which the State budget keeps the principal role.
2. the people's Council, the central cities (hereafter referred to as the provincial level), the base fees due the Prime regulations to prescribe the level of tuition fees and the use of fees on the basis of the proposal of the people's committees at the same level.
3. The people's Council of the levels based on the development needs of education, the economic situation and the potential contribution of the people in the local rules and norms contribute to build the school, the class on the basis of people's opinions and suggestions of people's committees of the same level.
Article 14. Teachers 1. Teachers in the middle school, the Center for continuing education, General Technical Center-career and the other institutions involved in teaching in the universal middle class if not yet reached the standard level are trained according to the provisions of point b paragraph 1 to article 67 of the law on education, the responsibility to study and be online education administration next facilitates learning.
2. participating teachers teaching in the class of supplementary education for junior secondary education subjects secondary school with no education as the main method to be remuneration as prescribed by the Ministry of finance.
Article 15. Technical infrastructure 1. The Ministry of education and training is responsible for issuing standards for the technical infrastructure of secondary school, the Center for continuing education, General Technical Center-career and steer, guide local implementation.
2. The local must ensure to the junior high schools have sufficient conditions of classroom, lab, or fitness workout-beach sports, library, playground standards of education and training; create conditions for continuing education centres, General Technical Center-career has sufficient facilities and equipment necessary to organize the non-formal education, technical education and careers.
Article 16. The policy encourages the public outside the institution 1. The external institutions, when conducting the activities implemented universal secondary education, are entitled to the priority policy of encouragement of infrastructure, land, tax, and fees on credit provisions in Decree No. 73/1999/ND-CP dated 19 August 1999 from the Government on the policy of encouraging socialization for the activities in the field of education, health, culture, sports.
2. The external institution when the public policy of free tuition, textbooks and school levels, products as specified in article 8 of this Decree, the State budget support according to the regulations of the Ministry of finance.
 
Chapter V RESPONSIBILITIES of STATE MANAGEMENT BODIES in ENSURING the IMPLEMENTATION of UNIVERSAL SECONDARY EDUCATION article 17. The responsibility of the Ministry of education and training 1. Directs the implementation of universal secondary education. Enact and implement the legal text in the authority to ensure the quality, condition and the progress of implementation of universal secondary education.
2. Regulatory objectives, educational programs, ensure uniformity of standard educational level; at the same time has the solution and projects use education programs to fit the conditions and circumstances of students; coordinating with relevant agencies regulating the Organization of the editor, browse, print, distribute and use the high school textbook establishments meet the requirements of universal secondary education.
3. Steer, guide local implementation of the regulations on professional service; about training, teacher training, administration officials; on the construction of technical infrastructure in order to ensure the quality, effectiveness, progress of universal secondary education.

4. the Chairman, in collaboration with the industry, the level, the socio-political organizations, social organizations, social organizations, professional organizations mobilize all resources in society to serve the cause of education in General and popular middle school education in particular.
5. the Chairman, in collaboration with the ministries concerned and the provincial people's Committee, organized inspection, inspection of the local education authority and subordinates in implementing universal education undertakings; timely detection and propose solutions to overcome difficulties in implementing universal secondary education; the annual report on the situation and the result of universal junior secondary with the Prime Minister.
6. Recommends the State reward individuals, local organizations have career achievements in universal secondary education.
Article 18. The responsibility of the Ministry of planning and investment to 1. General plan, the balance of resources, ensure the progress of implementation of universal secondary education.
2. In coordination with the Ministry of education and training to guide the construction of local school network planning and investment plan to upgrade schools serve universal needs middle school education.
3. Prioritize using ODA in the 2001-2010 period to implement universal targets middle school education.
Article 19. The responsibility of the Organizing Committee-presided Government officials, in cooperation with the Ministry of education and training of innovative provisions on recruitment into staffing consistent with the spirit of reform and administration of conditions, the actual circumstances; delivered staffing targets for the education sector ensuring sufficient in number, uniform structure, consistent with the implementation of the tasks each school year; steer, guide and reinforce, strengthen education management at provincial and district level. 
Article 20. The responsibility of the Ministry of finance 1. Improve the financial policies, the test, inspection and handling of breaking the law on financing of organizations or individuals in the management and use of financial resources to be mobilized made universal secondary education; State budget priority investment for universal career middle school education.
2. The costs the State budget for education of middle school students according to the method, not the official rules; guaranteed distribution and timely budget allocation to implement universal target middle school.
3. Hosted, in cooperation with the Ministry of education and training, Ministry of labor, invalids and Social Affairs, the Organization-Government officials in policy formulation for teachers, students and educational establishments for beyond the public universal secondary education facility for the cases specified in article 8 , Article 14 and article 16 of this Decree.
Article 21. The responsibility of the Ministry of labor, invalids and Social Affairs 1. Hosted, in cooperation with the Ministry of education and training, the Ministry of finance, the Committee to protect and care for children of Vietnam policy formulation support, help the kids is the martyrs, the wounded, disabled children, orphans, and children refuge not in poverty households make universal secondary education.
2. Reinforce, strengthen, develop vocational, career education coordination for middle school students, attracted partly graduated high school to train the workers who have occupational skills.
Article 22. The responsibility of the Ministry of health, Ministry of science, technology and environment, the Sports Committee of the Ministry of health, Ministry of science, technology and environment, the Sports Committee is responsible, in coordination with the Ministry of education and training to ensure the requirements of school health, environmental education and physical education of the middle school.
Article 23. The responsibility of the Ministry, other ministries, other industry sectors according to function, its mission has the responsibility involved with making universal secondary education.
Article 24. The responsibility of the provincial people Committee 1. Build and balance the local budget, exploitation and mobilize resources outside the budget to implement the plan of universal secondary education locally, shown by the specific targets in the plan for socio-economic development annually, 5 years and 10 years.
2. Implement the direction, professional guide service of the Ministry of education and training; steer, guide, check out the people's Committee of the district, County, city, town in the province (hereinafter referred to as district level) the people's Committee of the communes, wards and towns (hereinafter referred to as the social level) in the implementation of the policy on universal secondary education; ensuring the quality, efficiency and the progress of universal secondary education locally.
3. investing and directing people's committees at district level, social construction, upgrading of the school, the class; equipment procurement for public junior high schools, public sale; check out the middle school set up private, make investing in the construction of infrastructure, engineering school.
4. Construction Plan of local teacher payroll as a base to the organizers-Government officials delivered the only goal; teacher recruitment organization ensure adequate in number, sync on the structure; training organization, fostering teachers.
5. Every year, reported the Ministry of education and training on the implementation of universal secondary education in the province.
Article 25. The responsibility of the district-level people's committees 1. Management of primary and secondary school in all types of educational establishments; ensuring the quality, efficiency, progress of universal junior secondary.
2. implementation of the provisions on the use of the budget spent on education including the section devoted to the implementation of universal secondary education; ensure the conditions of organization, personnel, finance, facilities for primary and lower secondary public, selling the State's regulations.
3. Ensure the implementation of the policy, the regime for teachers, educational administrators and students according to the regulations of the State, creating favorable conditions and take measures to improve the lives of teachers and education managers by the local's remuneration policy.
4. Mobilization of organizations and individuals in the country and abroad participate contribute to universal career middle school education.
Article 26. The responsibility of people's Social Committee 1. Follow-up study of the object universal primary education and secondary education establishments; in collaboration with the Organization of unions on social advocacy, mobilization, and help create the conditions conducive to the child's family in the age of universal junior secondary school to middle school level.
2. Coordination with middle school, continuing education center, General Technical Center-career and other educational establishments in the national education system on the Organization form of appropriate learning help object universal junior secondary education with no according to formal methods are studying irregular method to reach the secondary level.
3. people's mobilization of money contribution, effort to build, create, protect the works on education; in collaboration with schools and unions build healthy education environment; help create favorable conditions for teachers and education managers complete the task.
 
Chapter VI RECOGNIZED UNIVERSAL STANDARD SECONDARY EDUCATION article 27. The unit was recognized universal standard for middle school education

The unit was recognized universal standard secondary education must be made responsible for the provisions of article 24, article 25 and 26 of this Decree according to each level and have the following conditions: 1. for social: a) maintaining, consolidating the results of universal primary education : the number of school-age children six class 1 rates from 90% or more; at least 80% of children aged 11 to 14 graduating primary school, the number of children remaining in this age are learning elementary;
With regard to the economic and social conditions are difficult and extremely difficult to mobilize children number 6 school age class 1 rate from 80% or higher and of at least 70% of children aged 11 to 14 graduating primary school, the number of children remaining in this age are learning elementary;
b) annually, raised the number of students graduating from primary school into secondary school rate from 95%; in the commune there are social-economic conditions difficult and particularly difficult from 80% or more;
c) guaranteed the rate of youths aged 15 to 18 graduated high school from 80% or more; in the commune there are social-economic conditions difficult and particularly difficult from 70% or more;
d) annually, ensuring the rate of students graduating high school from 90% or more; in the commune there are social-economic conditions difficult and particularly difficult from 75% or more.
2. for the district level: at least 90% of the communes, wards and towns universal secondary education.
3. for provincial level: have all the County, district, town or city in the universal standard for middle school education.
Article 28. The Authority recognize the universal standard for middle school education and the responsibility of the unit standards 1. The Ministry of education and training chaired test and decision-making recognized universal standard secondary education for the province level.
The provincial people's Committee check and decision-making recognized universal standard secondary education for the district level.
The people's Committee of the district level check and decision-making recognized universal standard secondary education for granted.
2. Participants examined in each level includes the unit chaired specified in clause 1 of this article and of representatives of State agencies, political organizations, social and political organizations of the same level.
3. for those units was recognized universal standard middle school education, people's committees of the levels have a responsibility to reinforce, maintain, improve results of universal secondary education; implementing threading students after high school. Every year, the provincial people's Committee has the responsibility to check the maintenance of the universal results middle school education in the area, reported the Ministry of education and training to the synthesis report of the Prime Minister.
 
Chapter VII REWARDS and TREATS breach of article 29. Rewards for organizations, individual achievement of universal education high school organizations, individual achievements contribute to the cause of universal secondary education be rewarded according to the provisions of the law of rewards.
Article 30. Handle violation of Who would have the difficult behavior, hinder the universal secondary education, then, depending on the nature and extent of the violation that severely disciplined, sanctioning administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
 
Chapter VIII TERMS of ENFORCEMENT article 31. Terms of implementation 1. The Decree has effect after 15 days from the date of signing. The previous provisions contrary to this Decree are repealed.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.