Chương 1 Luật Giáo dục 1998: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation of the Education Law

The Education Law provides for the national education system; the schools and other educational establishments of the national education system, of the State administrative agencies, political organizations, political-social organizations, The People’s Armed Forces, and organizations and individuals taking part in educational activities.

Article 2.- Educational aims

The aim of education is to train Vietnamese into all-round developed persons with good ethics, firm knowledge and good health, a sound aesthetic sense and a firm professional level, who are loyal to the ideal of national independence and socialism; to form and foster the personality, quality and capacity of citizens in order to meet the need of building and defending the Fatherland.

Article 3.- Character and principles of education

1. The Vietnamese education is a socialist education having a people-based, national, scientific and modern character with Marxism-Leninism and the Ho Chi Minh thoughts as foundation.

2. Educational activities must be performed according to the principle of pairing learning with practice, combining education with productive labor, theory with practice, school education with family education and social education.

Article 4.- Requirements in educational contents and method

1. In its contents education must ensure the fundamental, all-round, practical, modern and systematic character, with importance attached to ideological education and education of the civic sense, safeguarding and developing the fine traditions and the identity of the national culture, absorbing the cream of the human culture in a way conformable with the development of the mentality and physiology of the various age groups of learners.

2. In its method education must develop the activeness and the sense of voluntariness, initiative and creative thinking of the learners, foster their capacity of self teaching, zeal of study and will of advance.

3. The content and method of education must be translated into the educational program; the educational program must be concretized into text books and curricula. The educational program, text-books and curricula must conform with the educational goal of each grade, each degree and each level of training, and ensure stability and uniformity.

Article 5.- Language used in the school

1. The Vietnamese language is the official language used in the schools.

2. The State creates conditions for the people of ethnic minorities to learn the language and the script of their ethnic groups. The teaching and learning of the languages and scripts of the ethnic minorities shall conform with prescriptions of the Government.

Article 6.- The national educational system

The national educational system comprises:

1. Infant education composed of creches and pre-school education;

2. General education comprises two educational levels: primary education and secondary education; the secondary education comprises two grades, basic secondary education and general secondary education;

3. Vocational education comprises vocational secondary education and job training secondary education;

4. Higher education trains two degrees, college and university degrees; post university education has two levels, Master’s Degree and Doctorate.

The forms of education comprises formal and non formal education.

Article 7.- Diplomas and certificates

1. Diplomas of the national educational system are issued to the learners after graduating from a grade, level or degree of training as provided for by this Law.

The diplomas of the national educational system comprise diplomas of primary education, basic secondary education and general secondary education, vocational secondary education, job training, college education, university education, master’s degree and doctorate.

2. Certificates of the national educational system are issued to the learners to certify the result of learning after training or fostering to raise their cultural and professional standard.

Article 8.- Educational development

Educational development must be linked to the needs of socio-economic development, scientific and technological advance and consolidation of national defense and security; ensure the balance of the structure of levels, the structure of branches and professions, the structure of areas and regions; broaden the scope on the basis of ensuring quality and efficiency and combining training with employment.

Article 9.- The right and obligation of citizens to learn

Learning is the right and obligation of citizens.

All citizens without distinction of ethnicity, religion, belief, sex, family origin, social position or economic status are equal in learning opportunities.

The State observes social equity in education and creates conditions so that everybody can afford education. The State and the community provide assistance so that poor people can learn and create conditions for outstanding learners to develop their talents.

The State gives preference to and create conditions for children of ethnic minorities and the families in the areas with exceptionally difficult economic and social conditions, the beneficiaries of preferential policies, the disabled and the beneficiaries of other social welfare policies, to exercise their right and discharge their obligation of learning.

Article 10.- Universalization of education

1. The State decides the plan and level of universal education and adopts policies to ensure conditions for achieving universalization of education in the whole country.

2. All citizens within the prescribed age group have the obligation to learn in order to reach the level of universal education.

3. The family has the responsibility to create conditions for all members within the prescribed age group in the family to learn in order to reach the level of universal education.

Article 11.- Socialization of educational work

All organizations, families and citizens have the responsibility to care for the educational work, build the movement of learning and a sound educational environment and coordinate with the school in achieving the goals of education.

The State holds the key role in the development of education; carries out diversification of the types of school and the forms of education; encourages, mobilizes and creates conditions for organizations and individuals to take part in the development of education.

Article 12.- Investment in education

To invest in education is to invest in development.

The State gives preference to investment in education and encourages organizations and individuals in the country, Vietnamese residents in foreign countries and foreign organizations and individuals to invest in education.

The State budget must hold the key role in the total source of investment in education.

Article 13.- State management of education

The State exerts unified management of the national educational system with regard to the objective, program, content and plan of education, the criteria of teachers, the regulations on examinations and the system of diplomas.

Article 14.- Role of the teacher

The teacher holds the decisive role in ensuring the quality of education.

The teacher must constantly learn and train in order to set a good example for the learners.

The State organizes the training and fostering of teachers, adopts policies to ensure necessary material and spiritual conditions for teachers to discharge their task, preserve and develop the tradition of respecting the teacher and glorifying the teaching job.

Article 15.- Scientific research

1. The State creates conditions for the school to organize research, apply and popularize science and technology, combine training with scientific research and production aimed at raising the quality of education and serving society, step by step achieving its role as the cultural, scientific and technological center of the locality or of the whole country.

2. The colleges, universities, scientific research institutes and production establishments have the responsibility to coordinate with one another in the training, scientific research and technology transfer in service of socio-economic development.

3. The State adopts the preferential policy of developing research, application and popularization of the educational science. The undertakings and policies on education must be worked out on the basis of the results of research by the educational science in conformity with the practice of Vietnam.

Article 16.- Non-proliferation of religion in the school and other educational institutions

Not to proliferate religion or conduct religious rites in the school and other educational institutions of the national educational system, of the State administrative offices, of the political organizations and socio-political organizations and of the people’s armed forces.

Article 17.- Forbiddance to misuse educational activities

It is forbidden to misuse educational activities to distort the undertakings, policies and laws of the State, oppose the State of the Socialist Republic of Vietnam, sow division within the bloc of national solidarity, incite violence, make propaganda for wars of aggression, undermine the fine customs and habits, propagate superstition and harmful habits or draw learners into social vices.

All acts of commercialization of education are forbidden.