Chương I Luật Giáo dục 2005: Những quy định chung

Chapter I

GENERAL REGULATIONS

Article 1. Scope of regulations

The Education Law regulates the national educational system; schools, other educational institutions of the national educational system; of state agencies; of political organisations; socio-political organisations; of people's armed forces; organisations and individuals taking parts in educational activities.

Article 2. Goals of education

The goals of educational are to educate the Vietnamese into comprehensively developed persons who possess ethics, knowledge, physical health, aesthetic sense and profession, loyal to the ideology of national independence and socialism; to shape and cultivate one's dignity, civil qualifications and competence, satisfying the demands of the construction and defense of the Fatherland.

Article 3. Characteristics and principles of education

1. The Vietnamese education is a socialist education with popular, national, scientific, and modern characteristics, based on Marxism-Leninism and Ho Chi Minh's Thoughts.

2. Educational activities must be conducted on the principles of learning coupled with practice, education linked to production, theories connected to practicability, and education at school combined with education in the family and in the society.

Article 4. National educational system

1. The national educational system consists of formal education and continuing education.

2. Educational levels and training qualifications of the national educational system include:

a) Early childhood education with crÌches and kindergartens;

b) General education with primary education, lower secondary education, and upper secondary education;

c) Professional education with professional secondary education and vocational training;

d) Undergraduate and postgraduate education (hereinafter referred to as higher education) with college, undergraduate, master and doctoral degrees.

Article 5. Requirements on contents and methods of education

1. Contents of education must ensure the basic, comprehensive, practical, modern, and systematic characters; with importance attached to ideological and civic conscious education; preserving and developing the good traditions and the national cultural identity, absorbing the essence of the mankind culture; and conforming to the psycho-physiology development of various age groups of learners.

2. Methods of education must bring into full play the activeness, the consciousness, the self-motivation, and the creative thinking of learners; foster the self-study ability, the practical ability, the learning eagerness and the will to advance forward.

Article 6. Educational programme

1. Educational programme shall reflect the goals of education; set the standards for knowledge, skills, scope and structure of educational contents, for methods and forms of organising educational activities, for evaluation methods of educational outcomes for each subject of every grade and level or educational qualifications.

2. Educational programme must ensure the modernity, stability, consistency, and inheritability among different levels and different educational qualifications, facilitating the streaming and transferability among educational qualifications, specialisations and forms of the national educational system.

3. Requirements on knowledge and skill contents defined in the educational programme must be concretised in textbooks used for general education, in syllabi and teaching materials used for professional education, higher education, and continuing education. Textbooks, syllabi and teaching materials must meet the requirements on educational methods.

4. Educational programme shall be implemented based on school year for early childhood education and general education, and based either on school year or on credit accumulation for professional education and higher education.

Study results of subjects or credits accumulated by learners after pursuing their studies in an educational programme are considered for transferable values for respective subjects or credits of other educational programmes when learners change their educational specialisations, forms of studies, or follow higher educational levels or qualifications.

The Minister of Education and Training shall stipulate the realisation of educational programme in the form of credit accumulation, the recognition for considering the transferable values of study results of subjects or credits.

Article 7. Languages used in schools and other educational institutions; teaching and learning of spoken and written languages of ethnic minorities; teaching of foreign languages

1. Vietnamese is the official language to be used in schools and other educational institutions. Based on the goals of educational and specific needs on the educational contents, the Prime Minister shall stipulate the teaching and learning via foreign languages in schools and other educational institutions.

2. The State shall enable ethnic minority people to learn their spoken and written languages in order to preserve and develop their ethnic cultural identity, helping pupils from ethnic minorities easily absorb knowledge when they study in schools and other educational institutions. The teaching and learning of these languages shall be conducted in accordance with the Government regulations.

3. Foreign languages defined in educational programme are the languages used commonly in international communication. The teaching of foreign languages in schools and other educational institutions should guarantee learners with continuing and effective learning process.

Article 8. Degrees/diplomas and certificates

1. Degrees/diplomas of the national educational system are conferred to learners upon successful completion of the level or degree of education as stipulated by this Law.

Degrees/diplomas of the national educational system consist of the following: lower secondary diploma, upper secondary diploma, professional secondary education diploma, college diploma, university degree, master degree and doctoral degree.

2. Certificates of the national educational system are granted to learners to acknowledge their learning results upon successful completion of courses for knowledge or professional upgrading.

Article 9. Educational development

Educational development is the first national priority with a view to improving people's knowledge, training manpower, and fostering talents.

Educational development must be linked with the requirements of socio-economic development, to the scientific-technological advances, and to the consolidation of national defence and security; must implement standardisation, modernisation, and socialisation; must ensure the balance in terms of qualifications, professional and regional structure; must expand scale on the basis of quality and efficiency assurance; and must link education with employment.

Article 10. Rights and obligations to learn of citizens

Learning is the right and obligation of every citizen.

Every citizen, regardless of ethnic origins, religions, beliefs, gender, family background, social status or economic conditions, has equal rights of access to learning opportunities.

The State shall undertake social equity in education and enable everyone to get access to education. The State and the community shall help the poor have access to education, enabling gifted people to develop their talents.

The State shall give priority in enabling children of ethnic minorities, children of families in areas with special socio-economic difficulties, targeted groups of socially prioritised policies, disabled and handicapped persons and beneficiaries of other social policies to realise their learning rights and obligations.

Article 11. Universalisation of education

1. Primary education and lower secondary education are universal education levels. The State shall make decisions on plans of universal education; shall assure conditions to implement the universalisation of education throughout the country.

2. All citizens within the defined age group shall have the obligation to learn in order

to obtain the level of universalised education.

3. Families shall have the responsibilities of facilitating or their members in the defined age group to pursue learning in order to obtain the level of universalised education.

Article 12. Socialisation of the cause of education

To develop education and to build a learning society are the responsibilities of the

State and of the whole population.

The State shall play the dominant role in developing the cause of education; carry out the diversification of schooling types and modes of education; encourage, promote and facilitate organisations and individuals to take part in the development of the cause of education.

It is the responsibility of all organisations, families and citizens to take care of education, to cooperate with schools in realising the goals of education, and to build a sound and safe educational environment.

Article 13. Investment for education

Investment for education is an investment for development.

The State shall give priority to the investment for education, encourage and protect the legal rights and benefits of Vietnamese organisations and individuals, overseas Vietnamese, foreign organisations and individuals to invest in education.

The State budget must hold the key role in the total resources invested in education.

Article 14. State management of education

The State shall carry out the unified management of the national educational system in terms of goals, programmes, contents, educational plans, teachers' standards, examination regulations and system of degrees/diplomas; focus on the management of educational quality, exercise decentralisation on educational management; strengthen the autonomy and accountabilities of educational institutions.

Article 15. Roles and responsibilities of teachers

Teachers play the decisive role in ensuring the quality of education.

Teachers must study and improve themselves continuously to set examples for learners.

The State shall organise education and training for teachers, issuing policies on employment and rewards, ensuring necessary material and spiritual conditions for teachers to fulfil their roles and responsibilities, preserving and developing the tradition of respecting teachers and honouring the teaching profession.

Article 16. Roles and responsibilities of educational management staff

Educational management staff play an important role in organising, managing and directing educational activities.

Educational management staff must study and improve themselves continuously

in terms of moral standards, qualifications, management competence and personal responsibility.

The State shall have plan to build and improve the quality of educational management staff in order to promote roles and responsibilities of educational management staff, ensuring the development of the cause of education.

Article 17. Educational quality accreditation

Educational quality accreditation is the major measure to define the level of achieving educational objectives, programmes, and contents for schools and other educational institutions.

Educational quality accreditation is conducted regularly throughout the country and for every educational institution. Results of the educational quality accreditation are publicly announced for the information and monitoring purposes of the whole society.

The Minister of Educational and Training shall be responsible for directing the implementation of educational quality accreditation.

Article 18. Scientific research

1. The State shall facilitate schools and other educational institutions in organising scientific-technological research, application, and dissemination; in combining education with research and production so as to improve educational quality, gradually implementing the role of a cultural, scientific and technological centre for the locality or the whole country.

2. Schools and other educational institutions shall cooperate with scientific research organisations, production-trade-service units to carry out education, scientific research and technology transfer for socio-economic development.

3. The State shall elaborate priority policy for the development of research, application and dissemination of educational sciences. Guidelines and policies concerning education must be formulated based on the results of scientific research, appropriate to the Vietnamese reality.

Article 19. No religious propagating in schools and other educational institutions

Neither religious propagating nor religious rituals are to be conducted in schools and other educational institutions of the national educational system, of the State agencies, of political organisations, of socio-political organisations and of the people's armed forces.

Article 20. Prohibition of making corrupt use of educational activities

It is prohibited to make corrupt use of educational activities to distort State guidelines, policies, legislation; to oppose the Socialist Republic of Vietnam, to separate the block of great national solidarity, to incite violence, to propagate invasion war, to arose the good traditions and customs, to publicise superstitious beliefs and bad customs, or to attract learners into social evils.

It is prohibited to make corrupt use of educational activities for self-interest purposes.