Chương 3 : Nhà trường và cơ sở giáo dục khác

Chapter III

THE SCHOOL AND OTHER EDUCATIONAL ESTABLISHMENTS

SECTION 1. ORGANIZATION AND ACTIVITIES OF THE SCHOOL

Article 44.- The school in the national educational system

1. The school in the national educational system is established according to the State planning and plan aimed at developing the educational work and is organized in these forms: public, semi-public, people-founded and private.

The schools, whether they are public, semi-public, people-founded or private, are subject to State management by educational managerial agencies according to the division of work and allocation of responsibilities of the Government.

The State creates conditions for the public schools to play the pivotal role in the national educational system, adopts policies to encourage organizations and individuals to open people-founded and private schools to meet the educational needs of society.

2. On the basis of the provisions of this Law, the Government shall make concrete provisions on the organization and activities of the schools of various types.

Article 45.- The school of State administrative agencies, political organizations, socio-political organizations and the people’ armed forces

1. Schools of State administrative agencies, political organizations and socio-political organizations have the duty to train and foster government officials and public servants. Schools of the people’ armed forces have the duty to train and foster officers, non-commissioned officers, professional armymen and defense workers; foster leading government officials and State managerial officials on their tasks and knowledge about national defense and security.

2. The Government shall make concrete provisions on the implementation of this Law for the schools stipulated in Item 1 of this Article.

Article 46.- Conditions for founding

1. Schools shall be authorized to be set up by decision of the competent State authority as provided for in Article 47 of this Law when they ensure the conditions on managerial officials, teachers, school building, equipment and finance as prescribed by the Government.

2. The Government shall provide for the procedures of establishing colleges and universities; the Ministry of Education and Training shall provide for the procedures to set up schools at other levels and degrees in the national educational system.

Article 47.- Competence in founding, suspending, merging, dividing, splitting and dissolving schools

1. Competence in founding a school is stipulated as follows:

a/ The President of the People’s Committees at district level shall decide to found infant schools, creches, primary schools, basic secondary schools, and semi-boarding general schools for ethnic minorities;

b/ The Presidents of the People’sCommittees at provincial level shall decide the founding of general secondary schools, general boarding schools for ethnic minorities, vocational general schools and job training schools in the province;

c/ The Ministers, the Heads of ministerial-level agencies and agencies attached to the Government shall decide the founding of vocational secondary schools and attached job training schools;

d/ The Minister of Education and Training shall decide the founding of colleges and pre-university schools;

e/ The Prime Minister shall decide the founding of universities.

2. The level of authority which has decided the founding of schools shall have the competence to suspend their activities, to merge, divide, split or dissolve them.

The Government shall make concrete provisions for the procedures to suspend, merge, divide, split and dissolve schools.

Article 48.- School statute

1. Schools are organized and carry out their activities according to provisions of this Law and their Statutes.

2. The school Statute must include the following main contents:

a/ Tasks and powers of the school;

b/ Organization of educational activities at the school;

c/ Tasks and rights of the teachers;

d/ Tasks and rights of the learners;

e/ Organization and management of the school;

f/ Material bases and equipment of the school;

g/ Relations between the school, the family and society.

3. The Prime Minister shall decide the promulgation of the Statutes of the universities, the Minister of Education and Training shall decide the promulgation of the Statutes of the schools at other degrees and levels of education.

Article 49.- Headmaster

1. The Headmaster is the person responsible for managing the activities of the school appointed and recognized by the competent State authority.

2. The Headmasters of the schools in the national educational system must be trained and fostered in the job of managing schools.

3. The criteria, tasks and powers of the Headmaster, the procedures of nominating and recognizing the Headmasters of colleges and universities shall be prescribed by the Prime Minister; for the schools at other degrees and levels of education the Headmasters shall be prescribed by the Minister of Education and Training.

Article 50.- Advisory council at the school

1. The Advisory Council at the school shall be set up by the Headmaster with a view to advising the Headmaster in carrying out the tasks and exercising the powers of the school as prescribed by this Law. The Advisory Council at the infant schools, pre-school establishments, primary schools, basic secondary schools, general secondary schools is called Educational Council, at the vocational secondary schools and job training schools it is called Training Council. At the colleges and universities it is called Scientific and Training Council.

2. The organization and activities of the Advisory Council mentioned in Item 1 of this Article shall be stipulated in the Statute of the school.

Article 51.- Organization of the Party at the school

The organization of the Communist Party of Vietnam at the school leads the school and operates within the framework of the Constitution and law.

Article 52.- Mass and social organizations at the school

Mass organizations and social organizations shall operate at the school as provided for by law and have the responsibility to contribute to achieving the objectives of education as stipulated in this Law.

SECTION 2. TASKS AND POWERS OF THE SCHOOL

Article 53.- Task and powers of the school

The school has the following tasks and powers:

1. To organize the teaching, studies and other educational activities according to the objective and program of education;

2. To manage the teachers, officials and employees;

3. To recruit students and manage the learners;

4. To manage and use the land, school buildings, equipment and finance as prescribed by law;

5. To coordinate with the families of learners, organizations and individuals in educational activities;

6. To make arrangements for teachers, officials, employees and learners to take part in social activities;

7. Other tasks and powers as prescribed by law.

Article 54.- Tasks and powers of the vocational secondary schools, colleges and universities in scientific research and social service

1. In addition to the tasks stipulated in Article 53 of this Law, the vocational secondary schools, colleges and universities have the following tasks:

a/ To perform activities of scientific research, application and development of technology, to take part in solving economic and social problems of the locality and the country;

b/ To perform scientific and technology transfer and production and business activities suited to the branches and trades of training as prescribed by law.

2. When performing the tasks defined in Item 1 of this Article, the vocational secondary schools, colleges and universities have the following rights and powers:

a/ To be allocated land by or to lease land from the State, to enjoy tax reduction or exemption, to receive credit loans as prescribed by law;

b/ To join economic, educational, cultural, physical training and sport, medical and scientific research organizations aimed at raising the educational quality and associating training with employment in service of the socio-economic development and supplementing financial resources for the school;

c/ To use revenues from economic activities to invest in building material bases of the school, expand production and business and pay for educational activities according to provisions of law.

Article 55.- Autonomy and self-assumption of responsibility of colleges and universities

The colleges and universities are given the right to autonomy and self assumption of responsibility as prescribed by law and according to the statute of the school in the following jobs:

1. Working out the programs, curricula, teaching and learning plans for the branches and trades of which training is allowed.

2. Recruiting students according to the targets of the Ministry of Education and Training, organizing the process of training, recognizing graduation and issuing diplomas according to their competence.

3. Organizing the apparatus of the school;

4. Mobilizing, managing and using the various funds aimed at achieving the objective of education;

5. Cooperating with economic, educational, cultural, physical training and sport, medical, scientific research organizations in the country and abroad as prescribed by the Government.

SECTION 3. TYPES OF SPECIAL SCHOOLS

Article 56.- Boarding general schools for ethnic minorities, semi-boarding general schools for ethnic minorities, pre-university schools

1. The State shall set up boarding general schools for ethnic minorities, semi-boarding general schools for ethnic minorities and pre-university schools for children of ethnic minorities, children of families of ethnic minorities in areas with exceptionally difficult economic and social conditions aimed at contributing to creating sources of training public servants for these areas.

2. The boarding general schools for ethnic minorities, semi-boarding general schools and pre-university schools shall be given priority in the assignment of teachers, material bases, equipment and budget.

Article 57.- Specialized and special aptitude schools

1. Specialized schools are founded at the general secondary education level for those students who achieve outstanding results in studies aimed at developing their aptitude in a number of subjects on the basis of assuring all-round general education.

2. Aptitude schools in arts, physical training and sports are founded to develop talents of the students in these domains.

3. The State gives priority in the assignment of teachers, material bases, equipment and budget to the specialized schools and aptitude schools. The Ministry of Education and Training shall cooperate with the related branches and ministries in deciding to issue educational programs and organizational statutes for these schools.

Article 58.- Schools and classes reserved for the disabled

The State sets up and encourages organizations and individuals to set up schools and classes reserved for the disabled aimed at helping the latter recover their functions improve their cultural standard, learn jobs and integrate into the community.

Article 59.- Re-education schools

1. Re-education schools have the duty to educate delinquent minors so that the latter can train and develop soundly and become honest people likely to reintegrate into social life.

2. The Ministry of Public Security has the duty to coordinate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs to provide for the educational program for this type of school.

SECTION 4. ORGANIZATION AND ACTIVITIES OF OTHER EDUCATIONAL ESTABLISHMENTS

Article 60.- Other educational establishments

Basing itself on the provisions of this Law, the Government shall make concrete provisions on the founding, organization and activities of other educational establishments.