Chương VII Luật Giáo dục 2005: Quản lý nhà nước về giáo dục

Chapter VII

STATE MANAGEMENT OF EDUCATION

Section 1. CONTENTS OF STATE MANAGEMENT AND STATE AGENCIES IN CHARGE OF MANAGEMENT OF EDUCATION

Article 99. Contents of State management of education

Contents of State management of education shall comprise:

1. Formulating and directing the implementation of strategies, plans and policies on educational development;

2. Promulgating and organising the execution of legal documents on education; school charters and regulations concerning organisation and operations of other educational institutions;

3. Defining objectives, programmes, contents of education; teacher standards; standards on infrastructure and equipment of school; compilation, publication, printing and distribution of textbooks, teaching manuals, regulations on examination and awards of degrees/diplomas/certificates;

4. Organising and managing educational quality assurance and accreditation;

5. Conducting statistical works on educational organisation and operations;

6. Organising educational management apparatus;

7. Organising and directing the training, enhancement and management of teachers and educational administrators;

8. Mobilizing, managing and utilizing resources for educational development;

9. Organizing and managing scientific and technological research and application in education sector;

10. Organizing and managing international cooperation in education;

11. Regulating the issuance of honorary titles for people with outstanding contributions to the cause of education;

12. Inspecting and supervising the law compliance concerning education; settlement of complaints, denunciations and violations of the laws on education.

Article 100. State agencies in charge of management of education

1. The Government shall exercise the unified State management of education.

The Government shall submit to the National Assembly for decision of major guidelines affecting learning rights and duties of citizens nation-wide, orientations for reform of educational contents related to a whole educational level; annually report to the National Assembly on educational operations and educational budgetary execution.

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

3. Other ministries and ministerial-level agencies         are responsible for co-operating with the Ministry of Education and Training to exercise the State management of education according to their competence.

4. The People's Committees at various levels shall implement State management of education according to the Government's delegation and are responsible for ensuring financial conditions, infrastructure, teachers, teaching equipment for public institutions under their management, meeting the demand of scale expansion, improvement of educational quality and efficiency in their localities.

Section 2. INVESTMENT IN EDUCATION

Article 101. Financial sources of investment in education

Financial sources of investment in education comprise:

1. State budget;

2. Tuition; admission fees; incomes from consulting, technology transfer, production, business and service activities of educational institutions; investments from domestic and international organisations and individuals for educational development registration fees; other funding from domestic and international organisations and individuals as regulated by laws.

Article 102. State budget for education

1. The State shall give first priority to the allocation of budget for education, ensuring that the increasing proportion of the State budget for education shall be higher than that of the whole State budget.

2. The State budget for education must be allocated on the principle of transpency, democratic centralisation, based on the educational scale, socio-economic development conditions of each region, reflecting the State's priority policy for universalised education, educational development in ethnic minority areas and areas with extreme socio-economic difficulties.

3. Financial agencies shall be responsible for allocating fully, timely educational expenditures in conformity with the progress of the school year. Agencies in charge of educational management shall be responsible for managing and using efficiently the allocated budgets and other incomes as regulated by laws.

Article 103. Priority in finance and land allocation for building schools

Ministries, ministerial-level agencies, People's Councils and People's Committees at all levels shall be responsible for incorporating the construction of schools, sporting, athletic, cultural, artistic facilities in service of education into the planning and socio-economic development plan of their sectors and localities; and shall give priority in finance and land allocation for the construction of schools, dormitories in their socio-economic development plans.

Article 104. Encouragement to investment in education

1. The State shall encourage and facilitate organisations and individuals to contribute their intellects, labour and financial resources to education.

2. Investments, contributions, grants from economic organisations made on the establishments of training school and classes at their enterprises, co-ordination in training with educational institutions, sending staff for training and acquiring new technologies in service of their own needs shall be accounted as legitimate expenditures and will be deducted from corporate income taxable amounts according to the Law on Corporate Income Tax.

3. Contributions, grants made by individuals to education shall be considered for reduction of income tax applicable to for people with high income as regulated by the Government.

4. Organisations and individuals investing in construction of infrastructure catering to education; contribution and funding in kind or cash for educational development shall be recognised by appropriate forms.

Article 105. Tuition, admission fees

1. Tuition, admission fees are contributions made by learners' families or learners for supporting educational activities. Pupils at primary education level in public schools are not required to pay tuition. Except for tuition and admission fees, learners and learners' families are not required to make any other forms of contribution.

2. The Government shall set tuition collecting and using mechanisms for all types of schools and other educational institutions.

The Minister of Finance, in co-ordination with the Minister of Education and Training and heads of the State management agencies for vocational training shall set the rate of tuition and admission fees for public educational institutions under the administration of central authorities.

The Provincial People's Councils shall set the rate of tuition and admission fees for public educational institutions under the administration of the province, at the proposal of the People's Committee at the same level.

People-founded and private educational institutions are entitled to setting the rate of their tuition and admission fees.

Article 106. Tax incentive in the publication of textbooks and production of equipment, teaching aids and toys

The State shall elaborate incentive tax policies in the publication of textbooks, teaching manuals, teaching materials; in the production and supply of teaching equipment, children toys; in the import of books, periodicals, teaching aids and research equipment to be used in schools and other educational institutions.

Section 3. INTERNATIONAL COOPERATION IN EDUCATION

Article 107. International co-operation in education

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

Article 108. Encouragement to co-operation in education with other countries

1. The State shall encourage and facilitate Vietnamese schools and other educational institutions to cooperate with foreign organisations, individuals, and overseas residing Vietnamese in teaching, learning and scientific research.

2. The State shall encourage and facilitate Vietnamese citizens to participate in studying, teaching, research and academic exchange abroad, either at their own expenses or by funding from domestic or foreign organisations and individuals.

3. The State shall set aside its budget to send persons meeting criteria in quality, morals and qualification to study/or conduct research abroad in key areas and fields serving the construction and defence of the Fatherland.

Article 109. Encouragement to co-operation in education with Vietnam

1. The Vietnamese State shall encourage and facilitate foreign organisations and individuals, international organisations, overseas residing Vietnamese to conduct teaching, studying, investment, funding, co-operation, scientific application, technology transfer to Vietnamese education; their legitimate rights and benefits are protected in accordance with Vietnamese laws and the international conventions signed or acceded by the Socialist Republic of Vietnam.

2. The co-operation in education, establishment of school or other educational institutions by overseas residing Vietnamese, or by foreign organisations and/or individuals, international organisations within the Vietnamese territories shall be regulated by the Government.

Article 110. Recognition of foreign degrees/diplomas

1. Foreign degrees/diplomas granted to Vietnamese shall be recognised according to regulations by the Minister of Education and Training and international conventions signed or acceded by the Socialist Republic of Vietnam.

2. The Minister of Education and Training shall be responsible for signing agreements with other countries and international organisations           on the equivalence or mutual recognition of degrees/diplomas.

Section 4. EDUCATIONAL INSPECTORATE

Article 111. Educational inspectorate

1. Educational inspectorate shall implement inspection rights within the State management of education, in order to ensure law enforcement, promotion of positive elements, prevent and handle violations, protect interests of the State, legitimate rights and interests of organisations and individuals in education.

2. Educational inspectorate shall have the following functions:

a) Inspecting of compliance with educational laws;

b) Inspecting the implementation of educational objectives, plans, programme, contents and methods, professional regulations, the compliance with regulations on examinations, diploma and certificate issuance; the completion of necessary conditions of educational quality assurance at educational institutions;

c) Performance of complaint and denunciation settlement in education according to regulations of laws on complaints and denunciations;

d) Handling of administrative violations in education in accordance with the law on administrative violation handling;

dd) Performance of corruption prevention and anti-corruption in education in accordance with regulations of laws on anti-corruption;

e) Proposal of measures to ensure educational law enforcement; amendments and supplements to the State's policies and regulations on education;

g) Performance of other duties in accordance with other regulations of laws.

Article 112. Rights and duties of the educational inspectorate

Educational inspectorate shall have rights and duties as stipulated in the Law on Inspection.

When performing inspection, within the authorities of the heads of educational management agencies at the same level, educational inspectorate shall have rights to temporarily suspend all illegal/illegitimate activities in education, report to competent agencies for handling and is responsible for their decision regarding this temporary suspension.

Article 113. Organisation and operation of educational inspectorate

1. Agencies in charge of educational inspection shall comprise:

a) Educational inspectorate of the Ministry of Education and Training;

b) Educational inspectorate of Departments of Education and Training;

2. Operations of educational inspection shall be implemented in accordance with regulations of the Law on Inspection.

Operations of educational inspectorate at district level shall be put under direct responsibility of Directors of Education and Training Office, with technical guidance from educational inspectorate of Departments of Education and Training.

Operations of educational inspectorate at vocational training institutions, higher educational institutions shall be put under direct responsibility of heads of the institution, in accordance with regulations of the Minister of Education and Training, heads of State management agencies for vocational training.