Chương II Luật Giáo dục 2005: Hệ thống giáo dục quốc dân

Chapter II

THE NATIONAL EDUCATIONAL SYSTEM

Section 1. EARLY CHILDHOOD EDUCATION

Article 21. Early childhood education

Early childhood education carries out the nurturing, caring, and educating children from three months to six years of age.

Article 22. Objectives of early childhood education

The objectives of early childhood education are to help children develop physically, emotionally, intellectually and aesthetically, in order to shape the initial elements of personality as well as to prepare children for the first grade.

Article 23. Requirements on contents and methods of early childhood education

1. The contents of early childhood education must be suited to the psycho- physiological development of children, balanced between nurturing, caring and educating, with a view to helping children develop a harmonious, healthy, and active body; know how to respect, love and regard grand-parents, parents, teachers, and elderly persons; be attached to brothers, sisters, and friends; be frank, forthright, natural, aesthetically sensitive and intellectually inquisitive.

2. The main method in early childhood education is to help children develop comprehensively through organising play activities while giving special attention to example posing, encouraging and promoting.

Article 24. Educational programme of early childhood education

1. Programme of early childhood education shall reflect the objectives of early childhood education; concretising requirements on nurturing, caring, and educating children at different age groups; regulating the organisation of activities in order to facilitate children to develop physically, emotionally, intellectually and aesthetically; providing guidelines to evaluate the development of children at early childhood age.

2. The Minister of Education and Training, based on the appraisals made by the National Review Council for Appraising Curricula of Early Childhood Education, shall make decisions on the issuance of programme for early childhood education.

Article 25. Institutions of early childhood education

Institutions of early childhood education include:

1. Crèches for children from 3 months to 3 years of age;

2. Kindergarten schools and classes for children from 3 years to 6 years of age;

3. Young sprout schools are those that combine crèches and kindergartens, for children from 3 months to 6 years of age.

Section 2. GENERAL EDUCATION

Article 26. General education

1. General education consists of:

a. Primary education is conducted in five years of schooling, from the first to the fifth grade. The age of commencement to the first class is six;

b. Lower secondary education is conducted in four years of schooling, from the sixth to the ninth grade. Pupils entering the sixth grade must complete the primary educational programme, at the age of eleven;

c. Upper secondary education is conducted in three years of schooling, from the tenth to the twelfth grade. Pupils entering the tenth grade must have a Lower Secondary Education Diploma, at the age of fifteen.

2. The Minister of Education and Training shall make provisions on cases where schooling could be commenced at lower ages for pupils with early intellectual development, at ages higher for pupils living at disadvantaged socio-economic regions, pupils belonging to ethnic minorities, disabled and handicapped pupils, pupils with physical and intellectual disadvantage, orphan pupils, pupils of poor households according to the State regulations, pupils returning from overseas; pupils leaping grades; pupils repeating classes; on Vietnamese studies for children of ethnic minorities before entering the first grade.

Article 27. Objectives of general education

1. The objectives of general education are to help pupils develop comprehensively by acquiring morals, knowledge, physical health, aesthetic values and other basic skills, develop personal ability, flexibility and creativeness, with a view to forming the socialist Vietnamese personality, to building the civic conduct and duty, to preparing them for further studies or entering the work force, participating in the building and defending of the Fatherland.

2. Primary education aims to help the pupils form initial foundations for a correct and long-lasting moral, intellectual, physical and aesthetic developments, along with the development of basic skills for them to enter lower secondary education.

3. Lower secondary education is directed towards the pupils' consolidation and development of the outcomes of primary education, provision of a general and basic knowledge along with initial understanding on techniques and career orientation to enter upper secondary education, professional secondary education, vocational training or the workforce.

4. Upper secondary education is directed towards the pupils' consolidation and development of the outcomes of lower secondary education, completion of the general education and common understanding on techniques and career orientation, provision of conditions for pupils to develop their personal ability in order to choose their development direction, to enter universities, colleges, professional secondary education schools, vocational training schools or the workforce.

Article 28. Requirements on contents and methods of general education

1. The contents of general education must ensure the popular, basic, comprehensive, career-orienting, and systematic characteristics, linking or with the realities of life, appropriateness to the psycho-physiological characteristics of pupils, and meeting the objectives of education at each level.

Primary education must guarantee pupils to acquire simple and necessary knowledge about nature, society and human being; with basic skills in listening, reading, speaking, writing and calculating, with habits of physical exercise and hygiene; and with initial understanding of singing, dancing, music and arts.

Lower secondary education must consolidate and develop the contents learned in primary education, guarantee pupils the basic general knowledge in Vietnamese, mathematics, national history, other knowledge in social sciences, natural sciences, law, informatics, foreign languages; with necessary minimum understanding on techniques and career-orientation.

Upper secondary education must consolidate and develop the contents learned in lower secondary education and complete the contents of general education. Besides guaranteeing the general, basic, comprehensive, career-orienting knowledge for all pupils, there shall be advanced teaching in some subjects for developing the pupils' abilities and satisfying their needs.

2. The methods of general education are to promote the activeness, consciousness, initiatives and creativeness of pupils; to be appropriate to the characteristics of each grade and subject; to nurture the methods of self-study and the ability to work in team, to drill the ability of applying learned knowledge into practice; to have impact on pupils' emotional development, to bring them joy and pleasure of learning.

Article 29. Educational programme of general education, textbooks

1. Educational programme of general education must reflect the objectives of general education, setting the standards of knowledge, skills, scope and structure of the contents of general education, methods and forms of organising educational activities, evaluation methods for educational results for each subject of all grades and levels of general education.

2. Textbooks must concretise the requirements on knowledge contents and skills as defined in the educational programme of subjects of each grade of general education, meeting the requirements on methods of general education.

3. The Minister of Education and Training, based on appraisals made by the National Review Council for Appraising Educational Programme of General Educational and Textbooks, shall approve educational programme of general education and textbooks for official, uniformed and steady use in teaching and learning at general educational institutions.

Article 30. Institutions of general education

The institutions of general education include:

1. Primary schools;

2. Lower secondary schools;

3. Upper secondary schools;

4. Multi-level general schools;

5. Centres for general techniques and career orientation.

Article 31. Certification for completion of primary education and issuance of lower secondary diploma and upper secondary diploma

1. Pupils who complete primary education, meeting the requirements set by the Minister of Education and Training, will be certified in their school records by the principle of the primary school that they have completed the primary education.

2. Pupils who complete lower secondary educational programme, meeting the requirements set by the Minister of Education and Training, will be issued with diplomas of lower secondary education by the Head of the Bureau of Education and Training in the district, precinct, town or city under provincial administration (will be referred to as district level).

3. Pupils who complete upper secondary educational programme, meeting the requirements set by the Minister of Education and Training, will be eligible to take the examination and those who pass the examination are issued with diplomas of upper secondary education by the Director of the Department of Education and Training in province, city under central administration (will be referred to as provincial level).

Section 3. PROFESSIONAL EDUCATION

Article 32. Professional education

Professional education consists of:

1. Professional upper secondary education which is conducted from three to four years of studies for learners with lower secondary education diplomas; from one

to two years of studies for those with upper secondary education diplomas;

2. Vocational training which is conducted in less than one year for preliminary vocational programme and from one to three years for vocational upper secondary and college programme.

Article 33. Objectives of professional education

The objectives of professional education are to educate potential labourers who will be equipped with knowledge, professional skills at different levels, with morals, professional ethics, discipline awareness, industrialised habits and physical health, thus providing working people with employability, self- employability or ability to further study to improve professional qualifications, meeting the needs of socio-economic development, national defence and security.

Professional upper secondary education is directed towards the training of working people with basic knowledge and practical skills of a profession, having ability to work independently and creatively as well as to apply technology into work.

Vocational training is directed towards the training of technical workers directly participating in production and service to have the practical ability of a profession adequate to the relevant training qualification.

Article 34. Requirements on contents and methods of professional education

1. The contents of professional education must focus on the training of vocational abilities, paying attention to moral and physical education, as well as improving skills as required by each profession, improving educational qualification levels as required.

2. The methods of professional education must combine practical skill drilling and theoretical teaching, enabling learners to practice and to develop profession as required by each profession.

Article 35. Educational programme and syllabi of professional education

1. Educational programme professional education of professional education reflects the objectives of setting standards for knowledge, skills, scope and structure of the contents of professional education, methods and form of training, ways of evaluating training results for each subject, field, profession, training qualification of professional education; ensuring the demand for transferability with other educational programmes.

The Minister of Education and Training, in co-ordination with other relevant Ministers and Heads of ministry-equivalent agencies, based on the appraisals of the Sector Review Council for Programme of Professional Upper Secondary Education, shall define the core programme for professional upper secondary education which includes content structure, number of subjects, duration of the subjects, proportion of theory and practice, ensuring the objectives for each subject and profession to be trained. Professional upper secondary education schools shall define their own training programmes based on the core programme.

Head of the State agency in charge of management of vocational training, in co- ordination with other relevant ministers and heads of agencies equivalent to ministry, based on the review of the Sector Review Council for Programme of Vocational Training, shall define the core programme for each vocational training level, including content structure, number of subjects, duration of the subjects, proportion of theory and practice, ensuring the objectives for each subject and profession to be trained. Vocational training institutions shall define their own vocational training programmes based on the core programme.

2. Syllabi of professional education shall concretise requirements on contents of knowledge and skills defined in educational programme for each subject, field, profession, and training qualification of professional education, meeting the requirements of methods of professional education.

The preparation and approval of textbooks for official use as teaching and learning materials in professional educational institutions are to be organised by the head of school or director of vocational training centre based on the review of Textbook Review Councils appointed by the head of school or director of vocational training centre.

Article 36. Institutions of professional education

1. Institutions of professional education include:

a) Professional upper secondary education schools;

b) Vocational training colleges, vocational upper secondary schools, vocational training centres, vocational training classes (referred to as vocational training institutions).

2. Vocational training institutions could be organised independently or linked with production units, businesses or other educational institutions.

Article 37. Diplomas and certificates of professional education

1. Learners who complete preliminary vocational training programme, vocational skill upgrading programme, if meeting the requirements set by head of the state agency in charge of management of vocational training, will be eligible to take the test for the certificate. Learners who pass the test are issued with certificates by head of professional educational institution.

2. Learners who complete professional upper secondary education programme, if meeting the requirements set by the Minister of Education and Training, will be eligible to take the examination. Learners who pass the examination are issued with professional upper secondary education diplomas by head of school.

3. Learners who complete vocational upper secondary programme, meeting the requirements set by head of the state agency in charge of management of vocational training, will be eligible to take the examination. Learners who pass the examination are issued with vocational upper secondary diplomas by head of school. Learners who complete vocational training college programme, meeting the requirements set by head of the state agency in charge of management of vocational training, will be eligible to take the examination. Learners who pass the examination are issued with vocational college diplomas by head of school.

Section 4. HIGHER EDUCATION

Article 38. Higher education

Higher education includes:

1. College education is conducted, depending on the discipline, from two to three years of study for persons with upper secondary education diplomas or professional secondary education diplomas; and from one and a half to two years of study for persons with professional secondary education diplomas in the same discipline;

2. University education is conducted, depending on the discipline, from four to six years of study for persons with upper secondary education diplomas or professional secondary educational diplomas; and from two and a half to four years of study for persons with professional secondary education diplomas in the same discipline; from one and a half to two years of study for persons with college diplomas in the same discipline;

3. Master education is conducted from one to two years of study for persons with university degrees;

4. Doctoral education is conducted over four years of study for persons with university degrees; and from two to three years of study for persons with master degrees. In special cases, the duration of doctoral education could be extended as stipulated by the Minister of Education and Training.

The Prime Minister shall give specific provisions for the equivalent qualifications to the master and doctoral education in some special fields of education.

Article 39. Objectives of higher education

1. The objectives of higher education are to educate learners in acquiring political and moral qualities, endeavour to serve the people, professional knowledge and practical skills relevant to the educational levels, and physical health, meeting the needs of construction and defense of the Fatherland.

2. College education shall equip students with professional knowledge and basic practical skills in one profession with the ability to solve common problems in the field of study.

3. University education shall help students acquire in-depth professional knowledge and fluently practical skills in one profession with the ability to work independently and creatively as well as to solve problems in the field of study.

4. Master education shall help students master theories, acquire advanced practical skills with the ability to work independently and creatively, as well as to identify and solve problems in the field of study.

5. Doctoral education shall help students acquire advanced level in theory and practice with the ability to conduct independent and creative research, to identify and solve emerging issues relating to science and technology, to guide scientific research and professional activities.

Article 40. Requirements on contents and methods of higher education

1. Requirements on contents of higher education:

The contents of higher education must have modern and developmental characteristics, ensuring a rational balance between basic knowledge, foreign languages and information technology, professional knowledge and subjects in Marxism-Leninism and Ho Chi Minh Thoughts; must inherit and develop further the good traditions and national cultural identity; up to the international and regional level.

College education must guarantee students basic scientific knowledge and necessary professional knowledge, focusing on drilling of basic skills and the ability to implement professional activities.

University education must guarantee students basic scientific knowledge and relatively complete professional knowledge, scientific working methodology and the ability to apply theory into professional activities.

Master education must ensure the supplementing and upgrading of students' knowledge obtained in undergraduate education; enhance interdisciplinary knowledge and the capability of conducting professional activities and research in their fields of study.

Doctoral education must ensure the completion and upgrading of students' basic scientific knowledge; provide in-depth understanding in specialised knowledge; and develop the capacity of conducting independent research and being creative in their professional activities.

2. Requirements on methods of higher education:

Methods of college and university education must pay attention to the advancement of self-consciousness in study, of ability for self-study, self-taught, developing creative thinking, drilling of practical skills, facilitating students in participating in research, experimentation and application.

Methods of master education shall be realised by combination of various modes of in-class study and self-study, self-research; with special attention to the improvement of practical skills and abilities to identify and solve professional problems.

Methods of doctoral education shall be mainly self-study, self-research under the supervision of instructors and scientists; with focus on the development of scientific research habits and creativity in identifying and solving professional problems.

Article 41. Educational programme and syllabi of higher education

1. Educational programme of higher education reflects objectives of higher education; setting standards for knowledge, skills, scope and structure of the contents of higher education, methods and forms of training, ways of evaluating training results for each subject, field, profession, training qualification of higher education; ensuring the demand of transferability with other educational programmes.

The Minister of Education and Training, based on the review of the Sector Review National Council for Programme of Higher Education, shall define the core programme for each field of education for college and university education, including content structure of all subjects, duration of education, proportion of education duration among different subjects, of theory and practice, internship. Colleges and universities shall design their own programmes based on the core programme.

The Minister of Education and Training shall define knowledge quantity, programme structure, thesis, and dissertation for master and doctoral education.

2. Syllabi of higher education concretise requirements on knowledge contents and skills as defined in the educational programme for each subject, field, and educational qualifications.

Heads of colleges and universities shall be responsible for the compilation and approval of syllabi for official use for each college, each university based on the review of the Syllabi Appraising Council appointed by the head of the institution, ensuring sufficient syllabi for teaching and learning.

The Minister of Education and Training shall be responsible for the compilation and approval of syllabi for common use by colleges or universities.

Article 42. Institutions of higher education

1. Institutions of higher education include:

a) Colleges providing college education;

b) Universities providing college,  university education; master and  doctoral education as assigned by the Prime Minister;

Research institutes providing doctoral education, co-operating with universities to offer master education as assigned by the Prime Minister.

2. Institutions of higher education will be assigned the task of doctoral education if they meet the following conditions:

a) To have sufficient quantity of professors, associate professors, and doctors with ability to build and conduct educational programmes, organising thesis evaluation council.

b) To have sufficient infrastructure and equipment, meeting the requirements of doctoral education;

c) To have experience in scientific research activities, having conducted research tasks of scientific subject of scientific programmes at State level, having experience in educating and fostering people for scientific research activities.

3. The specific organisational models of various types of higher educational institutions shall be stipulated by the Government.

Article 43. Degrees of higher education

1. Students who have completed the college programme and have met the criteria are eligible to take the examination and if meeting the requirements as stipulated by the Minister of Education and Training will be awarded with college diploma by head of college or rector of university.

2. Students who have completed the university programme and have met the criteria are eligible to take the examination or to defend the graduation theses or projects, and if meeting the requirements as stipulated by the Minister of Education and Training will be awarded with university degree by rector of university.

University degrees of technical fields are called engineer degree; of architecture are called architect degree, of medicines and pharmaceuticals are called medical doctor, pharmacist and bachelor degree; of basic sciences, education, law, economics are called bachelor degree, of all other fields are called university degree.

3. Students who have completed the master's training programme and have met the criteria are eligible to defend the graduation theses, and if meeting the requirements as stipulated by the Minister of Education and Training will be awarded with master degree by rector of university.

4. Students who have completed the doctoral educational programme and have met the criteria are eligible to defend the dissertations, and if meeting the requirements as stipulated by the Minister of Education and Training will be awarded with doctoral degree by rector of university or head of scientific research institute.

5. The Minister of Education and Training shall define the responsibility and authority for degree granting of local higher educational institutions stipulated in the paragraph 1 of the Article 42 of this Law when the institution is involved in joint educational programmes with foreign higher education institutions.

6. The Prime Minister shall give provisions for the equivalent qualifications to master and doctoral degrees in some special fields of training.

Section 5. CONTINUING EDUCATION

Article 44. Continuing education

Continuing education enables people to learn while in-service, to learn continuously and for lifelong for refinement of their personality, broadening their understanding, and for educational, professional, operational enhancement with a view to improving their quality of life, employability, self-employability, and adaptation to the social life.

The State shall make policies to develop continuing education, to implement education for all, to build a learning society.

Article 45. Requirements on educational programme, contents and methods of continuing education

1. The contents of continuing education are reflected in the following programmes:

a) Illiteracy eradication and continuing post-literacy education;

b) Educational programme responding to the needs of learners, updating of knowledge and skills, transferring of technology;

c) Training and upgrading programmes, programmes for enhancement of qualifications and professions.

d) Programmes leading to diplomas of the national educational system.

2. Forms to conduct continuing educational programmes leading to diplomas of the national educational system are as follows:

a) In-service learning;

b) Distance learning;

c) Guided self-learning.

3. The educational contents of the programmes as defined in items a, b, and c, paragraph 1 of this Article must guarantee the usefulness, and help the learners improve their working productivity and quality of life.

The educational contents of the programme as defined in item d, paragraph 1 of this Article, must guarantee the requirements on contents of the educational programme of the same educational level and educational qualifications defined in Articles 29, 35, and 41 of this Law.

4. The methods of continuing education must promote the initiatives and take advantage of the experience of learners, with an emphasis on the development of their self-taught ability, using modern facilities and information technology to improve quality and efficiency of teaching and learning.

5. The Minister of Education and Training, Head of the State agency in charge of management on vocational training, within their authority, shall give specific provisions on programme, syllabi, textbooks and materials of continuing education.

Article 46. Institutions of continuing education

1. Institutions of continuing education include:

a) Centres for continuing education organised at province and district levels;

b) Community learning centres organised at commune, ward, town (referred to as commune level);

2. Programmes of continuing education are also conducted at general educational institutions, professional educational institutions, higher educational institutions and through mass media.

3. Centres of continuing education that conduct programmes of continuing education as defined in paragraph 1, Article 45 of this Law are not eligible to conduct educational programmes leading to professional upper secondary education diploma, college diploma, or university degree. Community learning centres conduct educational programmes as defined in items a and c, paragraph 1, Article 45 of this Law.

4. General education institutions, professional education institutions, higher education institutions conducting programmes of continuing education must ensure the fulfilment of their own formal educational duties; they can only implement the programmes as defined in item d, paragraph 1, Article 45 of this Law as permitted by competent State educational authorities. Higher education institutions conducting programmes of continuing education leading to college or university degrees can link with local education institutions of universities, colleges, professional secondary schools, provincial continuing educational centres with conditions that local education institutions guarantee requirements on material facilities, equipment and management staff appropriate to college and university education levels.

Article 47. Diplomas and certificates of continuing education

1. Learners who complete lower secondary education programme, meeting the requirements set by the Minister of Education and Training, will be issued with diplomas of lower secondary education Besides, learners who have completed educational programmes as defined in item d, paragraph 1, Article 45 of this Law are eligible to take the examination for diplomas if they meet the following requirements:

a) Being registered at an educational institution authorised to provide the training at the relevant levels, in relevant qualifications;

b) Having completed the programme, fulfilled requirements on learning assessment and evaluation, and attested by the educational institution as eligible to take the examination according to the regulations set out by the Minister of Education and Training.

The authority in issuing continuing education diplomas is the same as provided for that defined in Article 31, 37, and 43 of this Law.

2. Learners who have completed educational programmes as defined in items a, b, and c, paragraph 1, Article 45 of this Law, and have met the criteria set out by the Ministry of Education and Training are eligible to take the examination; and if meeting the requirements will be issued with the continuing education certificates.

Directors of centres of continuing education shall issue continuing education certificates.