Chương III Luật giáo dục 2019: Nhà trường, trường chuyên biệt và cơ sở giáo dục khác

Chapter III

SCHOOLS, SPECIAL SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS

Section 1. ORGANISATION, OPERATION, TASKS AND POWERS OF SCHOOLS

Article 47. Types of schools in the national educational system

1. Schools in the national educational system are organized in the following types:

a) Public schools whose investment is made, operating conditions are guaranteed and ownership is represented by the State;

b) People-founded schools whose infrastructure is invested and operating conditions are guaranteed by local residential communities such as organisations and individuals in hamlets, villages, wards, districts, towns.

The people-founded type is only applicable to institutions of preschool education;

c) Private schools whose investment is made and operating conditions are guaranteed by domestic investors or foreign investors.

Not-for-profit private schools are schools whose investors guarantee and uphold commitments to operate not for the sake of profit, stated in the establishment decision or decision of converting school types; with non-profit operation, no capital withdrawal, no income earning; annual accumulated earnings belong to the undivided and joint possession so as to continue developing the schools.

2. The conversion of school types in the national educational system are conducted as follows:

a) Only convert from private school to not-for-profit private school;

b) Implement provisions prescribed in charters and in organisational and operational regulations of school type at each educational level/training qualification;

c) Ensure rights of teachers, lecturers, education managers, labour workers and learners;

d) Do not cause losses of land, fund or assets.

3. The Government shall provide for the conversion of school type as prescribed in clause 2 of this Article.

Article 48. Schools of the State agencies, of political organisations, of socio-political organisations and of the people's armed forces

1. Schools of the State agencies, of political organisations and of socio-political organisations shall perform the duties of educating and training officials and public employees. Schools of the people's armed forces shall perform the duties of educating and training officers, non-commissioned officers, professional staff and defense workers; fostering leaders and education managers on duties and knowledge of national defense and security.

Schools of the State agencies, of political organisations, of socio-political organisations and of the people's armed forces are educational institutions of the national educational system, organized and operating following provisions of the Law on Vocational education, Law on Higher education and school charters at each educational level/training qualification. When meeting the requirements of socio-economic development and authorised by a competent authority to operate in education and to implement educational programmes, these schools are authorised to issue degrees/diplomas and certificates of the national educational system.

2. The Government shall provide for this Article.

Article 49. Conditions for school establishment and conditions for educational operation

1. A school is established when its establishment scheme is suitable with the planning of socio-economic development and of the educational institution network as prescribed in the Law on Planning.

The school establishment scheme shall specify the objectives, duties, programmes and contents of education; the land, infrastructure, equipment, provisional location for school construction, organisational structure, resources and finance; the strategic direction for building and developing the school. 

2. The school may operate in education when it:

a) Has land, infrastructure and equipment meeting the requirements on educational operation; location for school construction shall ensure a safe educational environment for learners, teachers and labour workers;

b) Has educational programmes, teaching and learning materials appropriate to each educational level/training qualification; have teachers and managers that are qualified in quality and quantity and consistent in terms of structure, ensuring the implementation of educational programmes and organisation of educational activities;

c) Is financially sufficient, as prescribed by law, to ensure maintenance and development of educational operation; and

d) Has organisational and operational regulations of the school.

3. Within a regulated period of time, if the school guarantees all conditions prescribed in clause 2 of this Article, it shall be granted permission to operate in education by a competent authority; when the period is over, if the school fails to secure conditions prescribed in clause 2 of this Article, the establishment decision or establishment permission shall be revoked.

Article 50. Suspension from educational operation

1. A school shall be suspended from educational operation:

a) Fraud in committed to obtain the permission for educational operation;

b) One of the conditions prescribed in clause 2 Article 49 of this Law is not satisfied;

c) Permission for educational operation is not granted by a competent person;

d) There is no educational operation within a regulated period of time starting from the date the permission for educational operation is granted;

dd) There is violation against education laws that leads to the school’s suspension;

e) Other cases as prescribed by law.

2. Decision to suspend educational operation of a school must specify the reasons for suspension, duration of suspension, measures to ensure rights and benefits of teachers, education managers, learners and labour workers in the school, and must be publicly announced via mass media.

3. Within the suspension period, if the reason for suspension is amended, the person having the power to issue the suspension decision may permit the school to resume its educational operation.

Article 51. Merger, division and dissolution of schools

1. Merging, full division, partial division and dissolution of schools shall satisfy the following requirements:

a) Suitable with the planning of socio-economic development and of the educational institution network as prescribed in the Law on Planning;

b) Meeting the requirements of socio-economic development;

c) Ensuring rights and benefits of teachers and learners;

d) Contributing to the improvement of quality and efficiency of education.

2. A school shall be dissolved in the following cases:

a) It seriously violates regulations regarding management, organisation or operation of the school;

b) It fails to rectify the violation that leads to its suspension by the deadline;

c) Its operating objectives and contents in the establishment decision or establishment permission are no longer suitable with the requirements of socio-economic development;

d) It fails to ensure quality of education;

dd) The dissolution is requested by the founding organisations and/or individuals.

3. The decision on merger, division and dissolution of schools must specify the reasons and measures to ensure rights and benefits of teachers, education managers, learners and labour workers in the school, and must be publicly announced via mass media.

Article 52. Authority and procedure of establishment or establishment permission; permission of educational operation, suspension of educational operation; merger, division and dissolution of schools

1. The following persons have the power to establish public schools or to grant permission to establish people-founded and private schools:

a) Chairwomen/chairmen of district-level People's Committees have the power to decide establishment of junior kindergartens, senior kindergartens, primary schools, lower secondary schools, multi-level schools whose highest level is lower secondary, and day schools for ethnic children, except for the cases prescribed in point d of this clause;

b) Chairwomen/chairmen of provincial People's Committees have the power to decide for upper secondary schools, multi-level schools whose highest level is upper secondary, boarding general education schools for ethnic children, vocational secondary schools under provincial administration, except for the cases prescribed in point c and point d of this clause.

c) Ministers, Heads of ministry-level agencies have the power to decide establishment of vocational secondary schools under their direct management;

d) The Minister of Education and Training has the power to decide establishment of pre-university schools, pedagogical colleges and schools under ministerial management; junior kindergartens, senior kindergartens, primary schools, lower secondary schools, upper secondary schools as proposed by foreign diplomatic representative agencies and/or intergovernmental international organisations;

dd) The Minister of Labour - War Invalids and Social Affairs has the power to decide establishment of colleges, except for pedagogical colleges;

e) The Prime Minister has the power to decide establishment of institutions of higher education.

2. The Minister of Education and Training has the power to grant permission of educational operation to institutions of higher education. Authority in granting permission of educational operation to schools at other educational level/training qualification shall comply with the Government's regulations.

3. The persons having the power to establish school or grant permission for school establishment also have the power to revoke establishment decision or establishment permission, decide merger, division and dissolution of schools. The persons having the power to grant permission of educational operation also have the power to decide suspension of educational operation

In case of merger of schools that are not established by authorities of the same level, the superior authority shall make decisions; in case the establishing authorities are of the same level, they shall reach a consensus on decisions.

4. The Government shall provide for conditions and procedure of establishment or establishment permission; permission of educational operation, suspension of educational operation; merging, full division, partial division and dissolution of schools as prescribed in article 49, 50, 51 and 52 of this Law.

Article 53. Charters and regulations on establishment and operation of educational institutions

1. School charters shall be applied to all school types of preschool education, general education, vocational education and contain the following main contents:

a) Duties and rights of the school;

b) Organisation of educational operation in the school;

c) Duties and rights of teachers;

d) Duties and rights of learners;

dd) Organisation and management of the school;

e) Finance and assets of the school;

g) Relationship between the school, families and society.

2. Organisational and operational regulations of educational institutions shall concretize the contents of school charters for application to each type of educational institutions.

3. Within the scope of their duties and authorities, the Minister of Education and Training and Minister of Labour - War Invalids and Social Affairs shall promulgate school charters, organisational and operational regulations of educational institutions.

Article 54. Investors

1. Investors in the field of education consist of:

a) Domestic investors, including Vietnamese citizens, organisations established in accordance with Vietnamese law;

b) Foreign investors, including citizens of foreign countries, organisations established in accordance with foreign law.

2. Rights and responsibilities of investors are prescribed as follows:

a) Approve development plans of the school as prescribed by law and proposed by school council;

b) Decide total capital contributions of investors, school investment projects, mobilization of capital (if any); plans on use of annual discrepancies between incomes and expenditures or on handling losses of the school; approve annual financial reports;

c) Vote or appoint, dismiss and remove members of school council;

d) Organize the supervision and evaluation of school council’s operation;

dd) Decide promulgation and amendment of financial regulations; approve matters related to finance and assets in the organisational and operational regulations of the school;

e) Contribute capital fully and timely, supervise capital contributions to the school in compliance with the establishment proposal;

g) Consider, handle violations by school council that result in losses as prescribed by law and by organisational and operational regulations of the school;

h) Decide reorganization, dissolution of the school as prescribed by law;

i) Publish a list of organisations and individuals that make contributions of capital on the online website of the school;

k) Founding investors of not-for-profit private schools are honoured for their capital contributions to the establishment, construction and development of the school.

3. Founding investors of private educational institutions may choose one of the following options:

a) Invest in the establishment of a financial organisation in accordance with the Law on Investment and Law on Enterprises in order for this financial organisation to establish a private educational institution as prescribed in this Law;

b) Invest directly in the establishment of a private educational institution as prescribed in this Law.

Article 55. School council

1. School council of public schools is a school management organisation, exercising the right of ownership representation of the school and of parties with relevant benefits, and is prescribed as follows:

a) School council of junior kindergartens, senior kindergartens, institutions of general education shall decide directions of school operation, mobilize and monitor the use of resources for the school, linking the school with community and society, ensuring the realisation of educational objectives.

School council of junior kindergartens, senior kindergartens, institutions of general education shall be composed of the committee-level secretary, school principal, chairwoman/chairman of the labour union, secretary of the Ho Chi Minh Communist Youth Union, representatives of  specialized teams, representatives of the office team, representatives of the local government, representative committee of students’ parents and representatives of students for lower secondary schools and/or upper secondary school;

b) School council of vocational education institutions shall be implemented as prescribed in the Law on Vocational education;

c) School council of higher education institutions shall be implemented as prescribed in the Law on Higher education.

2. School council of junior kindergartens, senior kindergartens, people-founded young sprout schools is the body exercising the right of ownership representation as recommended by the residential community of establishment; responsible for making decisions on the directions of school operation, planning, development plans, organisation, personnel, financing, assets, ensuring the realisation of educational objectives and compliance with the law.

School council shall be composed of representatives of residential communities, representatives of communal governments and contributors of the capital used for construction and operation of the school.

3. School council of private schools is a school management organisation, exercising the right of representation for investors and parties with relevant benefits, responsible for the implementation of investors’ decisions.

For private schools invested by domestic investors and/or foreign investors, school council shall be composed of representatives of investors, school members and non-members voted and decided in investor meetings based on percentage of capital contribution.

For not-for-profit private schools invested by domestic investors, school council shall be composed of representatives of investors voted and decided in investor meetings based on percentage of capital contribution; school members and non-members. School members shall include standard members and voted members. Standard members are the committee-level secretary, chairwoman/chairman of the labour union, representatives of the executive board of the Ho Chi Minh Communist Youth Union currently learning at school (if any), the school principal. Voted members are representatives of teachers and labour workers voted in plenary meetings or delegate meetings of the school. Non-members are management representatives of managers, educators, entrepreneurs and alumni voted in plenary meetings or delegate meetings of the school.   

4. Establishment procedure, organisational structure, duties and powers of school council towards junior kindergartens, senior kindergartens, institutions of general education shall be regulated in charters and organisational and operational regulations of the school. Transfer of power from management council to school council of junior kindergartens, senior kindergartens, institutions of general educations shall be implemented as prescribed by the Minister of Education and Training.

Article 56. School principal

1. School principal is responsible for managing the school's operations and is appointed or recognised by a competent authority.

2. School principal of the national educational system must be trained and upgraded in school management and meet standards of school principal.

3. The Minister of Education and Training shall give specific provision on standards, duties and powers of school principal; on appointment procedure of principals of institutions of preschool education and general education.

4. Standards, duties and powers of school principal; appointment procedure of principals of vocational education and higher education institutions shall be implemented as prescribed in the Law on Vocational education, Law on Higher education and other relevant provisions.

Article 57. Advisory board in school

1. Advisory board in school is set up by school principal in order to assist school principal in realizing tasks under the duties and powers of the school principal.

2. Organisation and operation of the advisory board shall be stipulated in the school charter.

Article 58. Organisations of the Communist Party in school

Organisations of the Communist Party of Vietnam within the school shall lead the school and operate according to the Constitution and law.

Article 59. Internal organisations in school

Internal organisations in school are responsible for contributing to the realisation of educational objectives and shall operate according to the law.

Article 60. Duties and powers of schools

1. Schools have the following duties and powers:

a) Publicly announce objectives, programmes, educational plans, conditions of education quality assurance, evaluation and accreditation results of education quality; systems of degrees/diplomas and certificates of schools;

b) Conduct admission, education, training, scientific research, transfer results of training and scientific research as appropriate of functions, duties and powers; to ratify or issue degrees/diplomas and certificates within authority;

c) Propose demands and participate in recruitment of teachers and labour workers in public schools; to manage and employ teachers and labour workers; to manage learners;

d) Mobilize, manage and utilize resources according to the law; to build up infrastructure in conformity with the requirements of standardisation and modernisation;

dd) To coordinate with learners' families, organisations and individuals in educational activities; to arrange for teachers, labour workers and learners to participate in social activities and community service.

2. The performance of duties, organisational structure, personnel and finance of public schools are regulated as follows:

a) Institutions of preschool education and general education shall implement democratic regulations in schools; be answerable to society, learners, authorities; ensure the participation of learners, families and society in school management. Management in institutions of preschool education and public institutions of general education shall be in accordance with the Government’s regulations;

b) Institutions of vocational education and higher education shall implement democratic rights and be held accountable in accordance with the Law on Vocational education, Law on Higher education and other relevant regulations.

3. People-founded schools and private schools shall exercise democracy and be responsible for their own development plans, organisation of educational activities, formation and improvement of teacher resources, mobilization, use and management of resources for the realisation of educational objectives.

Section 2. SPECIAL SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS

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

1. The State shall establish boarding general education schools, day schools and pre-university schools for ethnic minority children, and for children of long-term resident families in areas with exceptional socio-economic difficulties.

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

3. The Minister of Education and Training shall provide for conditions for students to study in boarding general education schools and day schools for ethnic minorities and pre-university schools.

Article 62. Specialized schools, schools for gifted students

1. Specialized schools shall be established at upper secondary level for students with excellent study achievements to develop their talents in certain subjects while assuring comprehensive general education, creating a foundation for the fostering of talents, meeting the developing requirements of the country.

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

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

3. Within the scope of their duties and authorities, the Minister of Education and Training and Minister of Labour - War Invalids and Social Affairs shall promulgate advanced educational programmes, organisational and operational regulations for specialized schools and schools for gifted students.

Article 63. Schools and classes for disabled persons

1. The State shall establish and encourage organisations, individuals to establish schools and classes for disabled persons 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, classes for disabled persons established by the State; give incentives to schools, classes for disabled persons established by individuals, organisations.

Article 64. Reformatory schools

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

2. The Minister of Public Security shall be responsible for cooperating with the Minister of Education and Training and Minister of Labour, War Invalids and Social Affairs in stipulating educational programmes for reformatory schools.

Article 65. Other educational institutions

1. Other educational institution in the national educational system includes:

a) Day care centers, independent senior kindergarten classes, independent junior kindergarten classes, illiteracy eradication classes, foreign language classes, informatics classes, classes for children with difficult circumstances and unable to attend school, classes for disabled children;

b) Institutions of continuing education, vocational – continuing education, vocational education, community learning centers, inclusive education support and development centers, other centers conducting duties of continuing education;

c) Academies and institutes established by the Prime Minister in accordance with the Law on Science and Technology and authorised in doctoral education.

2. Heads of other educational institutions prescribed in clause 1 of this Article shall be responsible for the quality of education, management and operation of educational institutions as prescribed by law.

3. The Government shall provide for conditions and power of establishment, establishment permission, merging, full division, partial division, dissolution, operation suspension of educational institutions prescribed in point a and point b of clause 1 of this Article, except institutions of vocational education. Within the scope of their duties and authorities, the Minister of Education and Training and Minister of Labour - War Invalids and Social Affairs shall stipulate organisational and operational regulations of educational institutions prescribed in point a and point b of clause 1 of this Article.