Chương 7 Luật Giáo dục 1998: Quản lí nhà nước về giáo dục

Chapter VII

STATE MANAGEMENT OF EDUCATION

SECTION 1. TENURE OF STATE MANAGEMENT AND THE AGENCY EXERCISING STATE MANAGEMENT OF EDUCATION

Article 86.- Tenure of State management of education

The tenure of State management of education comprises:

1. To build and direct the execution of the strategy, planning, plans and policy of educational development;

2. To issue and organize the execution of the statutory legal documents on education; to issue the Statute of the school; to issue the regulations on the organization and activities of the other educational establishments;

3. To stipulate the objective, program and content of education, criteria of teachers, criteria of the material bases and equipment of the school; the compilation, publication, printing and distribution of text books and teaching curriculum, the regulations on examinations and the granting of diplomas;

4. Organizing the managerial apparatus of education;

5. To organize and direct the training, fostering and management of teachers and managerial officials of education;

6. To mobilize, manage and use of various resources to develop education;

7. To organize, and manage scientific and technology research in the educational service;

8. To organize and manage the international relations work in education;

9. To provide for the conferment of honor titles to persons with meritorious services to the education cause;

10. To supervise or inspect the observance of legislation on education; to settle complaints and denunciations and handle law-breaking acts in education.

Article 87.- State management agency in education

1. The Government exercises unified State management over education

The Government shall submit to the National Assembly draft proposals before deciding major undertakings that affect the learning rights and obligations of citizens in the whole country, undertakings on reforms of contents of the program of a whole degree or level of education; each year it shall report to the National Assembly on educational activities and the implementation of the educational budget.

2. The Ministry of Education and Training is answerable to the Government for the implementation of State management of education.

3. The Ministries, ministerial-level Agencies and Agencies attached to the Government have the responsibility of State management of education as prescribed by the Government.

The Government shall make concrete provisions for the responsibility of the ministries, ministerial-level agencies and agencies attached to the Government in coordinating with the Ministry of Education and Training to carry out unified State management of education

4. The People’s Committees at various levels shall conduct State management of education in the localities as prescribed by the Government.

SECTION 2. INVESTMENT IN EDUCATION

Article 88.- Financial sources to invest in education

Financial sources to invest in education comprise:

1. State budget;

2. School fees; contributions to the building of schools and classrooms; revenue from consultant activities, technology transfer, production business and service of the educational establishments; other funding from organizations and individuals in the country and abroad as prescribed by law.

Article 89.- State budget to finance education

1. The State gives first priority to the allocation of the budget for education, ensures an increasing proportion of the State budget for education as required by the development of the educational cause.

2. The State budget for education must be allocated on the principle of openness, democratic centralism and must be based on the scale of education, the socio-economic development conditions of each region, and reflect the preferential policy of the State toward the areas with exceptionally difficult socio-economic conditions.

3. The financial agency has the responsibility to allocate full, timely educational expenditures conformable with the progress of the school year. The educational management agency has the responsibility to manage and effectively use the educational budget allocated to it and other sources of revenue as prescribed by law.

Article 90.- Priority investment in building schools

The ministries, the ministerial-level agencies, the agencies attached to the Government, People’s Councils and People’s Committees at various levels have the responsibility to incorporate the building of schools, and the constructions of physical training, sport, culture and art in service of education into the planning and plan of using land, the plan for capital construction, and to give priority of investment in the building of schools and boarding houses in their plans of socio-economic development.

Article 91.- Encouragement to invest in education

1. The state encourages and creates conditions for organization and individuals to contribute to and fund education. The contributions and funding from enterprises for education shall be accounted into the reasonable expenditures of the enterprises; the contributions of enterprises and individuals shall not be accounted into taxable income as prescribed by the Government.

2. The expenditures of economic organizations to open schools and courses for training at the establishments, coordinating in training with the schools and scientific research institutes, sending persons for training and receiving new technology in service of the needs of their own units shall be incorporated into production, business and service expenditures.

3. The school and other educational establishments shall enjoy priority treatment in the land use right, credit and tax exemption or reduction as prescribed by the Government.

4. Organizations and individuals investing in the building of constructions catering to education, that donate money or materials in kind to develop education shall be considered for recognition in appropriate forms.

Article 92.- School fees, recruitment fee, contribution to building schools

1. School fees and recruitment fees are contributions of the families of learners or the learners to contribute to ensuring educational activities. Pupils of primary education at public schools shall not have to pay school fees.

The Government shall provide for the school fee frame and the mechanism of collecting and using school fees for all types of school and other educational establishments on the principle of non egalitarianism, exemption and reduction of school fees for the beneficiaries of social policies and poor people.

The People’s Councils at provincial level shall base themselves on the school fee frame of the Government to decide the level of collection of school fee and recruitment fee for the schools and other educational establishments in the province on the basis of the proposal of the People’s Committee of the same level.

The Ministry of Education and Training, and the Ministry of Finance shall base themselves on the prescriptions of the Government on school fees to direct the collection and use of school fees and recruitment fees at the schools and other educational establishments directly under the Central Government.

2. The People’s Councils at various levels shall base themselves on the need of educational development, the economic situation and the ability of contribution of the local population to decide the level of contribution to the building of schools and classrooms on the basis of consulting the people and the proposal of the People’s Committee of the same level.

Article 93.- Preferential taxation in publication of textbooks and production of teaching aids and toys

The State shall adopt preferential tax policies in the publication of textbooks, curricula and teaching materials; production and supply of teaching aids, children toys, in the import of books, newspapers, materials, teaching aids and research equipment used in the school and other educational establishments.

SECTION 3. INTERNATIONAL RELATIONS IN EDUCATION

Article 94.- International relations in education

The State shall expand and develop the international relations in education on the principle of respect for the national independence and sovereignty, equality and mutual benefit.

Article 95.- Encouragement to cooperation in education with foreign countries

1. The State encourages and creates conditions for the schools and other educational establishments of Vietnam to cooperate with foreign organizations and individuals and Vietnamese residents abroad to teach, study and conduct scientific research.

2. The State encourages and creates conditions for Vietnamese citizens to go abroad to study, teach and conduct research and academic exchanges either by self funding or with funding from organizations or individuals in the country or with funding from foreign organizations and individuals.

3. The State shall use its budget to send persons qualified in quality and ethics and standard to study and conduct research abroad in key trades and domains in service of the building and defense of the Fatherland.

Article 96.- Encouragement to cooperation in education with Vietnam

1. Foreign organizations and individuals, international organizations, Vietnamese residents abroad are encouraged by the Vietnamese State which shall create conditions for them to teach, study, invest, fund, cooperate, apply scientific advances, transfer technology in education in Vietnam; they have their legitimate rights and interests protected according to Vietnamese law and the international conventions which the Socialist Republic of Vietnam has signed or acceded to.

2. The cooperation in training, opening schools and other educational establishments by Vietnamese residents abroad, or by foreign organizations and individuals and international organizations on Vietnamese territory shall be prescribed by the Government.

Article 97.- Recognition of foreign diplomas

1. The recognition of diplomas of Vietnamese issued by foreign countries shall conform with the prescriptions of the Ministry of Education and Training and the international conventions which the Socialist Republic of Vietnam has signed or acceded to.

2. The Minister of Education and Training takes responsibility for signing agreements on correspondence of diplomas or mutual recognitions of diplomas with other countries and international organizations.

SECTION 4. EDUCATIONAL INSPECTION

Article 98.- Educational inspection

Educational inspection is specialized inspection in education.

The organization and operation of the Educational Inspectorate shall be prescribed by the Government.

Article 99. -Task of Educational Inspectorate

The Educational Inspectorate has the following tasks:

1. To inspect the observance of legislation on education;

2. To inspect the realization of the objective, plan, program, contents and method of education, the technical statute, the examinations regulations, the issuing of diplomas and certificates, the realization of the prescriptions on the necessary conditions to ensure the educational quality at the educational establishments;

3. To certify, conclude and make recommendations on the settlement of the complaints and denunciations concerning educational activities; to propose to the competent State agencies to handle violations of the law on education;

4. To propose measures to ensure enforcement of the law on education; to propose amendments and supplements to policies and regulations of the State on education.

Article 100.- Powers of the Educational Inspectorate

When conducting inspection, the Educational Inspectorate has the following powers:

1. To request the concerned persons and related parties to supply documents and evidences and answer necessary questions directly related to the inspection;

2. To draw the inspection report, to propose measures of settlement with regard to the wrong doings;

3. To take measures to prevent and handle violations as prescribed by law.

Article 101.- Responsibility of the Educational Inspector

When conducting an inspection, the Educational Inspector has the following responsibilities:

1. To produce the inspection decision and the Inspector Card;

2. To observe the order and procedures of inspection, to refrain from causing nuisances or hindrances to normal educational activities or cause damage to the legitimate interests of the teachers and learners;

3. To report to the competent agency on the result of inspection and propose measures of settlement;

4. To comply with law and take responsibility before competent State agency on all his/her acts and decisions.

Article 102.- Rights of the inspected

When the Educational Inspector conducts the inspection, the inspected has the following rights:

1. To request the Inspector to produce the inspection decision, the Inspector Card and strictly observe legislation on inspection;

2. To appeal denounce and file suits to the competent State agency about the inspection decision, the acts of the Inspector and the conclusion on inspection which he/she has the ground to believe not right;

3. To ask for compensation for damage caused by the measures of settlement at variance with law of the Inspection Team or the Inspector.

Article 103.- Responsibility of the inspected

When the Educational Inspector conducts the inspection, the inspected has the following responsibilities:

1. To carry out the request of the Inspection Team or the Inspector;

2. To create conditions for the Inspector to carry out his/her task;

3. To abide by the settlement decision of the Inspection Team or the Inspector as prescribed by law.