Chương VIII Luật giáo dục 2019: Quản lý nhà nước về giáo dục

Chapter VIII

STATE MANAGEMENT OF EDUCATION

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

Article 104. Contents of state management of education

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

2. Promulgating and organizing the execution of legislative documents on education; promulgating school charters, standards of educational institutions, organisational and operational regulations of educational institutions, charters of representative committee of students’ parents; regulations on in-school and out-of-school teaching and educating activities; regulations on assessment of study and training results; awarding and discipline for learners.

3. Defining standards of titles, working principles of teachers and education managers,  job category framework and staff quota in educational institutions; standards of heads, deputy heads of educational institutions; standards of heads, deputy heads of educational specialized agencies under the management of provincial/communal People’s Committees; professional standards of teachers; promulgating codes of conduct for teachers, for educational institutions; requirements on conditions, standards and forms of recruitment of teachers.

4. Defining objectives, programmes and contents of education; the Vietnamese Qualifications Framework; teacher standards; standards and usage quota of school infrastructure and equipment; compilation, publication and use of textbooks and syllabi; examination, testing, admission, joint training and management of degrees/diplomas and certificates; recognition of degrees/diplomas issued by foreign educational institutions for use in Vietnam.

5. Stipulating the evaluation of education quality; organizing and managing education quality assurance and accreditation.

6. Conducting statistical and informing work on educational organisation and operation.

7. Organizing educational management apparatus.

8. Organizing and directing the training, upgrading and management of teachers and education managers.

9. Mobilizing, managing and utilizing resources for educational development.

10. Organizing, managing scientific and technological research and application in the education sector.

11. Organizing and managing international cooperation and foreign investment in education.

12. Inspecting, supervising education regulatory compliance; settlement of complaints, denunciations and handling of law violations in education.

Article 105. Education authorities

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

The Government shall consult the National Assembly on major guidelines that may affect learning rights and duties of citizens nation-wide, guidelines on reform of educational contents related to a whole educational level; annually report to the National Assembly on educational operation and educational budgetary execution; consult the Standing Committee of the National Assembly on large-scale application of new educational policies that have been successfully piloted when such application may affect learning rights and duties of citizens nation-wide.

2. The Ministry of Education and Training is accountable to the Government for the implementation of state management of preschool education, general education, higher education, vocational secondary education in pedagogy, pedagogical colleges and continuing education.

3. The Ministry of Labour – War Invalids and Social Affairs is accountable to the Government for the implementation of state management of vocational education, except for pedagogical vocational secondary education and colleges.

4. Within the scope of their duties and authorities, other ministries and ministerial-level agencies shall be responsible for cooperating with the Ministry of Education and Training, Ministry of Labour – War Invalids and Social Affairs to exercise the state management of education.

5. The People's Committees of all levels shall implement state management of education according to the Government's delegation and, within the scope of their duties and authorities, shall perform the following duties:

a) Reviewing the education regulatory compliance of local educational institutions;

b) Ensuring conditions concerning teachers, finance, infrastructure, libraries and teaching equipment of public institutions under their management;

c) Developing school types, conducting private sector involvement in education; meeting the demands of scale expansion, improvement of education quality and efficiency in their localities;

d) Implementing State guidelines, policies and local policies to ensure autonomy and accountability for the fulfilment of duties and education quality of educational institutions under their management;

dd) Be responsible for the results of the implementation of strategies, plans and policies on educational development at localities.

Section 2. INTERNATIONAL COOPERATION IN EDUCATION

Article 106. Principles of international cooperation in education

The State shall expand and develop international cooperation in education on the principles of respect for national independence and sovereignty, equality and mutual benefit of all parties.

Article 107. Cooperation in education with other countries

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

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

3. The State shall set aside its budget to send persons meeting criteria in dignity, morals and qualifications to study and/or conduct research abroad in key areas, jobs and fields so as to serve the construction and defense of the Fatherland.

4. The State shall stipulate the act of Vietnamese citizens teaching, studying, conducting research and/or academic exchange abroad; educational cooperation with foreign organisations, individuals, and overseas residing Vietnamese.

Article 108. Foreign cooperation and investment in education

1. The State shall encourage and enable foreign organisations and individuals, international organisations, overseas residing Vietnamese to conduct teaching, studying, investment, sponsorship, cooperation, scientific research, application and transfer of educational technology in Vietnam; protect legitimate rights and benefits as prescribed in Vietnamese law and international conventions signed or acceded by the Socialist Republic of Vietnam.

2. Educational cooperation with Vietnam must ensure that learners are educated in personality, civic competence and qualification; honor the national cultural identity; ensure that educational objectives, requirements on educational contents, methods are suitable with each educational level and training qualification in the national educational system; ensure educational operation is in compliance with Vietnamese law.

3. Types of foreign educational cooperation and investment in Vietnam include:

a) Joint education and training;

b) Establishment of representative offices;

c) Establishment of branches/campuses of educational institutions;

d) Establishment of educational institutions;

dd) Other types of cooperation and investment.

4. The Government shall provide for this Article.

Article 109. Recognition of foreign degrees/diplomas

1. A degree/diploma issued by a foreign educational institution will be recognised for use in Vietnam in the following cases:

a) It is issued to learners of a foreign general education or higher education institution upon completion of an accredited educational programme of the issuing country and recognised by an education authority of that country;

b) It is issued by a foreign educational institution which is operating legally in another country beside the country where its headquarters are located and permitted by education authorities of both countries to establish branches/campuses or conduct joint training, and meets regulations in point a of this clause;

c) It is issued by a foreign educational institution which is operating legally in Vietnam and conducting educational operation in accordance with the Government’s regulations on educational cooperation and investment and on approval of a competent authority, and meets regulations in point a of this clause.

2. Within the scope of their duties and authorities, the Minister of Education and Training shall sign international agreements on the equivalence or mutual recognition of degrees/diplomas; elaborate conditions, order, procedure and authority of degree/diploma recognition; provide information on accredited higher education institutions recognised by host countries.

Recognition of foreign vocational degrees/diplomas shall comply with the Law on Vocational education.

Section 3. ACCREDITATION OF EDUCATION QUALITY

Article 110. Objectives, regulations and subjects of accreditation of education quality

1. Objectives of accreditation of education quality are regulated as follows:

a) Ensure and improve education quality;

b) Verify the level of achieving educational objectives of educational institutions or training programmes in each period of time;

c) Serve as the basis for educational institutions to explain to owners, competent authorities, relevant parties and the society about the state of education quality;

d) Serve as the basis for learners to choose educational institutions, training programmes, for recruiters to employ workforce.

2. Accreditation of education quality must be:

a) Independent, objective, legitimate;

b) Honest, public, transparent;

c) Equal, compulsory, periodic.

3. Subjects of education quality accreditation include:

a) Institutions of preschool education, general education and continuing education;

b) Educational institutions and training programmes of all qualifications of vocational education and higher education.

Article 111. Contents of state management of education quality accreditation

1. Promulgating provisions on standards of education quality evaluation; procedure and schedule of education quality accreditation at each educational level/training qualification; operating regulations, conditions and standards of accrediting organisations and individuals; granting permits for operations of education quality accreditation; granting and revoking certificates of education quality accreditation.

2. Managing activities of accreditation of training programmes and educational institutions.

3. Instructing organisations, individuals and educational institutions on conducting evaluation and accreditation of education quality.

4. Reviewing, evaluating the implementation of regulations on education quality accreditation.

Article 112. Education quality accreditation organisations.

1. Education quality accreditation organisations (hereinafter referred to as “accrediting organisations”) include:

a) Accrediting organisations established by the State;

b) Accrediting organisations established by domestic and foreign organisations and individuals;

c) Foreign accrediting organisations.

2. The implementation of education quality accreditation is regulated as follows:

a) The Government shall provide for conditions and procedure of establishment, operating permits, suspension, dissolution of accrediting organisations; on conditions and procedure for accrediting organisations to be recognised in Vietnam;

b) The Minister of Education and Training shall make decisions on establishment or establishment permission, suspension of operation, dissolution of institutions of education quality accreditation; stipulate responsibilities, powers of institutions of education quality accreditation for preschool education, general education and continuing education; issue or revoke recognition decisions of institutions of education quality accreditation operating in Vietnam; stipulate supervision and evaluation of institutions of education quality accreditation;

c) Education quality accreditation for vocational education and higher education shall comply with provisions of the Law on Vocational education and Law on Higher education.