Chương III Luật Giáo dục 2005: Nhà trường và cơ sở giáo dục khác

Chapter III

SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS

Section 1. SCHOOL ORGANISATION AND ACTIVITIES

Article 48. Schools in the national educational system

1. Schools in the national educational system are organised in the following forms:

a) Public schools are established, invested for infrastructure, covered financially for regular expenditures by the State;

b) People-founded schools are established, invested for infrastructure, covered financially for operating costs by local community;

c) Private schools are established, invested for infrastructure, covered financially for operating costs by social organisations, social-professional organisations, economic organisations, or individuals with non-state budget funding.

2. Schools in the national educational system of all forms are established according to the State plans aiming at development of the cause of education. The State shall facilitate public schools to take the leading role in the national educational system.

Conditions, procedures and authority to establish schools or to give permission for school establishment are defined in Article 50 and 51 of this Law.

Article 49. Schools of State agencies, political organisations, socio-political organisations and people's armed forces

1. Schools of State agencies, political organisations, socio-political organisations have the responsibility to educate and train civil servants. Schools of people's armed forces have the responsibility to educate and train officers, non- commissioned officers, professional staff and defence workers; to foster leaders and state managers on functions and knowledge of national defence and security.

2. The Government shall give detailed provisions on schools of State agencies, political organisations, socio-political organisations and people's armed forces.

Article 50. School establishment

1. Conditions for school establishment

a) Have management and teaching staff sufficient in quantity and structure, qualified in moral quality and educational qualifications, ensuring the implementation of educational objectives and programmes;

b) Have sufficient infrastructure, equipment and financial sources, capable of meeting the requirements of school activities.

2. Those that have authority as defined in Article 51 of this Law, based on the needs of educational development, shall make decision on school establishment for public schools, or on giving permission for establishment of people-founded and private schools.

Article 51. Authority in the establishment, permission for establishment, termination, merging, separation, and dissolution of schools

1. Authority in the establishment of public schools and authority of giving permission for establishment of people-founded and private schools are as follows:

a) Chairman of district People's Committee shall make decisions for crÌches, kindergartens, primary schools, lower secondary schools, and semi-boarding general education schools for ethnic children;

b) Chairman of provincial People's Committee shall make decisions for upper secondary schools, boarding general education schools for ethnic children; professional upper secondary education schools under provincial administration.

c) Ministers, heads of ministry-equivalent agencies shall make decisions for professional upper secondary educational schools under the concerned agency's administration.

d) The Minister of Education and Training shall make decisions for colleges, pre- university schools; Head of the State agency in charge of management of vocational training shall make decisions for vocational colleges;

dd) The Prime Minister shall make decisions for universities.

2. Those that have authority to establish or give permissions to establish schools shall have the authority to terminate, merge, separate or dissolve respective schools.

The Prime Minister shall give detailed provisions on procedures of establishment, termination, merging, separation, and dissolution of university.

The Minister of Education and Training, Head of the State agency in charge of management of vocational training, according to their authorities, shall define procedures of establishment, termination, merging, separation, and dissolution of schools of other educational levels in the national educational system.

Article 52. School charter

1. Schools are organised and operated according to the regulations of this Law and the school charter.

2. School charter must include the following components:

a) Tasks and rights of the school;

b) Organisation of educational activities in the school;

c) Duties and rights of teachers;

d) Duties and rights of learners;

dd) Organisation and management of the school;

e) Financing and properties of the school;

g) Relationships among school, family and society.

3. The Prime Minister shall promulgate the University Charter, the Minister of Education and Training and Head of the State agency in charge of management of vocational training shall promulgate school charters at other levels of education according to their authorities.

Article 53. School council

1. School council of public schools or board of directors of people-founded and private schools (hereinafter referred to as school council) is the body responsible for making decisions on the directions of school activities, mobilising and monitoring the use of resources for the school, linking the school with community and society, ensuring the realisation of educational objectives.

2. School council has the following tasks:

a) To pass a resolution on the objectives, strategies, projects and development plans of the school;

b) To pass a resolution on or to make supplements and amendments of regulations on organisation and operation of the school to submit to the competent authorities for approval;

c) To pass a resolution on policies on using financial sources, properties of the school;

d) To monitor the implementation of the resolution of the school council, of democratic regulations of school activities.

3. Detailed establishment procedures, organisation structures, rights and duties of school council shall be defined in the school charter.

Article 54. School head

1. School head is appointed or recognised by the competent State managerial authority, and is responsible for managing the school's operations.

2. Heads of schools in the national educational system must be trained and upgraded in school management.

3. Criteria, functions and rights, procedures for appointment, recognition of heads of universities shall be stipulated by the Prime Minister, and by the Minister of Education and Training with regard to schools at all other levels, by State management authority for vocational training with regard to vocational training institutions.

Article 55. Advisory board in school

Advisory board in school is set up by the school head in order to gather opinions from educational managers, teachers, representatives of organisations at the school in realising tasks under the duties and rights of the school head. Organisation and activities of the advisory board is stipulated in the school charter.

Article 56. Party organisation in school

Organisation of the Communist Party of Vietnam within the school shall lead the school and operate according to the Constitution and laws.

Article 57. Mass and social organisations in school

Mass and social organisations shall operate in school according to the laws and are responsible for contributing to the realisation of educational objectives as defined in this Law.

Section 2. FUNCTIONS AND RIGHTS OF SCHOOLS

Article 58. Functions and rights of schools

Schools have the following functions and rights:

1. To organise teaching, studies and other educational activities according to educational objectives and programme; to ratify or issue diplomas, certificates within its authorities.

2. To recruit, administer teachers and staff; to participate in the process of personnel mobilisation by competent state agencies for teachers and staff;

3. To enrol and administer learners;

4. To mobilise, manage and utilise resources according to the laws;

5. To build up infrastructure in conformity with the requirements of standardisation and modernisation;

6. To co-ordinate with learners' families, organisations and individuals in educational activities;

7. To arrange for teachers, staff and learners to participate in social activities;

8. To conduct quality self-evaluation and is subject to accreditation by competent quality accreditation agency;

9. Other functions and rights as regulated by laws.

Article 59. Functions and rights of professional upper secondary schools, colleges and universities in scientific research and social services

1. In conjunction with the functions described in Article 58 of this Law, professional upper secondary schools, colleges, universities have the following additional functions:

a) To perform scientific research; application, development and transfer of technology and to participate in solving socio-economic problems of the localities and the country;

b) To perform scientific services, production and business in accordance with laws.

2. In implementing functions defined in paragraph 1 of this Article, professional upper secondary schools, colleges and universities have the following rights:

a) To receive land allocation or rental, infrastructure allocation or rental by the State, to benefit tax reduction or exemption, to receive loans as regulated by laws;

b) To associate with economic, educational, cultural, sporting, athletics, medical and research organisations to improve educational quality, to link training with use, to serve socio-economic development and to generate extra financial sources for institutions;

c) To spend incomes from economic activities to invest in the institution's infrastructure, to expand production and business activities and to compensate for educational activities as regulated by laws.

Article 60. Autonomy and self-accountability of professional upper secondary schools, colleges and universities

Professional upper secondary schools, colleges and universities are given autonomy and self-accountability as defined by laws and by their charters in the following aspects:

1. Developing educational programmes, syllabi, teaching and learning plans for authorised educational fields;

2. Planning enrolment quota, conducting enrolment, organisation of educational process, recognition of graduation and issuance of degrees/diplomas;

3. Organising the institution's organisational structure; recruiting, administering, using and compensating faculty and staff members;

4. Mobilising, managing and utilising resources;

5. Co-operating with domestic and international economic, educational, cultural, sporting, athletics, medical, and research organisations according to governmental regulations.

Section 3. TYPES OF SPECIAL SCHOOLS

Article 61. Boarding general education schools and semi-boarding general education schools for ethnic minorities, pre-university schools

1. The State shall establish boarding general education schools, semi-boarding general education schools, and pre-university schools for ethnic minority children, and/or children of long-term resident families in areas with extreme socio- economic difficulties to help prepare human resources for these areas.

2. Boarding general education schools, semi-boarding general education schools, and pre-university schools for ethnic minorities shall be given priority in allocation of teachers, infrastructure, equipment and budget.

Article 62. Specialised schools, schools for gifted students

1. Specialised schools are established at upper secondary level for pupils with excellent achievements in learning to develop their talents in certain subjects while assuring comprehensive general education.

Schools for gifted students in arts, sports and athletics are established to develop talented pupils in these fields.

2. The State shall give priority in allocating teachers, infrastructure, equipment and budget to specialised schools and schools for gifted students established by the State and give incentives to schools for gifted students established by individuals or organisations.

3. The Minister of Education and Training shall, in co-operation with other related ministers and heads of governmental agencies, promulgate educational programmes, organisational regulations for specialised schools and schools for gifted students.

Article 63. Schools and classes for disabled and handicapped people

1. The State shall establish and encourage organisations and individuals to establish schools and classes for disabled and handicapped people to enable them to restore their functions, to receive education and vocational training and to integrate into the communities.

2. The State shall give priority in allocating teachers, infrastructure, equipment and budget to schools and classes for disabled and handicapped people established by the State and give incentives to schools and classes for disabled and handicapped people established by individuals or organisations.

Article 64. Re-education schools

1. Re-education schools are responsible for educating juvenile offenders to enable them to correct, develop and become good citizens, capable of re-integrating into the society.

2. The Minister of Public Security shall have the responsibility for co-operating with the Minister of Education and Training and the Minister of Labour, War Invalids and Social Affairs to stipulate educational programme for re-educational schools.

Section 4. POLICIES FOR PEOPLE-FOUNDED AND PRIVATE INSTITUTIONS

Article 65. Duties and rights of people-founded and private institutions

1. People-founded and private institutions shall have equal rights as those of public institutions concerning the implementation of educational objectives, contents, programmes, methods, and other regulations on admissions, teaching, learning, testing, examinations, recognition of graduation, issuance of degrees, diplomas and certificates.

2. People-founded and private institutions are autonomous and self-accountable for their planning, institutional development plan, organisation of educational activities, development of teaching staff, mobilisation, utilisation and management of other resources to implement educational objectives.

3. Degrees, diplomas and certificates issued by people-founded, private or public institutions shall have equal legal values.

4. People-founded and private institutions are subject to the management of State management bodies for education as regulated by the Government.

Article 66. Financial regulations

1. People-founded and private institutions shall operate on the principle of financial autonomy, self-balancing of revenue and expenditure, in compliance with regulations of laws on accounting and auditing.

2. Incomes of people-founded and private institutions shall be used for expenditures of the institution's necessary operations, fulfilment of duties to the State budget, establishment of investment development funds and other funds of the institution. The remained incomes shall be distributed to the  members according to their contribution of capital.

3. People-founded and private institutions shall follow transparent financial practices and are responsible for producing annual financial reports for the competent State management agencies for education and for the financial agencies where they are located.

Article 67. Rights on ownership of properties, withdrawal and transfer of capital

Properties, finance of people-founded institutions shall fall under collective ownership of local community; properties, finance of private institutions shall fall under ownership of its shareholders. Properties and finance of people-founded and private institutions are protected by the State as regulated by laws.

Withdrawal and transfer of capital of private institutions shall be made in accordance with the Government's regulations, to ensure the institution's stability and development.

Article 68. Preferential policies

People-founded and private institutions shall receive land allocation or rental, infrastructure allocation or rental by the State, receive budget support when implementing duties requested by the State, and benefit from preferential polices on taxes and credits. People-founded, private institutions shall receive financial assurance by the State in order to implement policies for learners as stipulated in Article 89 of this Law.

The Government shall provide detailed regulations on preferential policies for people-founded and private institutions.

Section 5. ORGANISATION AND OPERATION OF OTHER EDUCATIONAL INSTITUTIONS

Article 69. Other educational institutions

1. Other educational institutions in the national educational system consist of:

a) Groups of baby sitters, crÌche; independent classes include kindergarten classes, illiteracy eradication classes, foreign language classes, informatics classes, classes for disadvantaged children who are unable to attend schools, classes for disabled and handicapped children, vocational training classes and professional upper secondary education classes organised within production, business and service enterprises.

b) Centres for general technical education and professional orientation; vocational training centres; continuing educational centres; community learning centres;

c) Scientific research institutes with permission to offer programs at doctoral level, or in co-ordination with universities to offer programs at master level.

2. Scientific research institutes, upon receiving the Government's permission to co- ordinate with universities to offer programs at master level, are responsible to sign contracts with the universities to implement their educational programmes.

3. The Minister of Education and Training shall promulgate regulations on the organisation and operation of other educational institutions as defined in point b, paragraph 1 of this Article; regulations on the organisational and operational principles of other educational institutions as defined in point a, paragraph 1 of this Article; regulations on training co-ordination principles of other educational institutions as defined in point c, paragraph 1 of this Article.