Nghị định 127/2018/NĐ-CP quy định trách nhiệm quản lý nhà nước về giáo dục

DECREE

STIPULATING RESPONSIBILITY FOR STATE MANAGEMENT OF EDUCATION

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Organization of local government authorities dated June 19, 2015;

Pursuant to the Law on Education dated June 14, 2006 and the Law on amendments to the several articles of the former law dated November 25, 2009;

Pursuant to the Law on Tertiary Education dated June 18, 2012;

Pursuant to the Law on Vocational Education dated November 27, 2014;

At the request of the Minister of Education and Training;

The Government promulgates a Decree determining responsibility for state management of education.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with responsibility for state management in preschool education, general education, tertiary education, continuing education; teacher training schools at intermediate level, teacher training colleges and other education institutions as per law provisions (hereinafter referred to as "state management of education”).

2. This Decree shall not apply to state management in vocational education.

Article 2. Regulated entities

This Decree applies to ministries, ministerial agencies (hereinafter referred to as referred to as "ministries”), People’s Committees of provinces and centrally-affiliated cities (hereinafter referred to as "provincial People’s Committees"), People’s Committees of districts and cities affiliated to centrally-affiliated cities (hereinafter referred to as referred to as “district-level People's Committees"), People's Committees of communes, wards and towns (hereinafter referred to as "commune-level People's Committees"), Departments of Education and Training affiliated to provincial People's Committees, Education and Training Divisions affiliated to district-level People’s Committees and relevant organizations and individuals.

Article 3. Assigning responsibility for state management of education

1. Ensure consistency and improvement of efficiency and effectiveness in state management of education

2. Ensure correlation among duties, rights, responsibilities and financial and human resources with conditions for education quality assurance and other necessary conditions to perform the task assigned

3. Specify duties, rights and responsibilities for state management of various level People's Committees and relevant agencies

Chapter II

RESPONSIBILITY FOR STATE MANAGEMENT OF EDUCATION BY MINISTRY OF EDUCATION AND TRAINING, OTHER MINISTRIES, PEOPLE'S COMMITTEES OF VARIOUS LEVELS AND CHAIRPERSONS THEREOF

Article 4. Responsibility for state management of education by the Ministry of Education and Training

1. Formulate a strategy for education development and planning of tertiary education institution network and teacher training schools and submit it to the Prime Minister for promulgation purpose.

2. Issue training programs for preschool education, general education, continuing education and regulations on training programs applied to tertiary education, list of level-four classification of education at intermediate and college level of teacher degree, associate’s and bachelor’s degree level and master's and doctoral degree level as well as regulations on training and transnational education.

3. Issue regulations on writing, appraisal, approval for use and selection of learning material, textbooks and teaching material in preschools, general education institutions and continuing education institutions and regulations on development, appraisal and issuance of training programs applied to intermediate-level teacher training, college-level teacher training and tertiary education.

4. Issue regulations on examination, learner testing and evaluation, regulations on diploma and certificate in national education system and acceptance of the degree granted to Vietnamese learners by overseas education institutions. Take charge of reaching an agreement on degree equivalence or mutual acceptance of degree with foreign countries and international organizations.

5. Issue regulations on standard for job titles and working regime for teachers and education administrators, the list of job position framework and restriction on number of employees in an education institution. Issue regulations on standards applied to the heads and deputies of preschools, general education institutions, continuing education institutions, teacher training schools at intermediate level and teacher training colleges, standards applied to Directors and Deputy Directors of the Departments of Education and Training, the heads and deputies of Divisions of Education and Training as well as teacher standards.

6. Establish and publish standards and regulations on facilities and equipments in schools and educational hygiene as regulated Submit the proposal of regulations on receipt and use of tuition fee, scholarship policy and other policies intended for learners to the competent authority for promulgation purpose.

7. Issue national standards applied to education institutions under state management of ministerial level according to Structural Framework of National Education System and Vietnamese Qualifications Framework, regulations on standards for education quality evaluation, procedure and accreditation period of all education stages and training levels under state management performed by ministries.

8. Issue rules and regulations on organization of activities in preschools, primary schools, lower and upper-secondary schools and schools with various educational stages, continuing education institutions, special schools, teacher training intermediate schools, teacher training colleges and other education institutions under state management of ministerial level and regulations on teaching activities carried out inside and outside the schools.

9. Manage and provide guidelines for implementation of policies on private sector involvement for education.

10. Perform the statistical work, establish national database of education and apply information technology in education management.

11. Take responsibility to represent the result of performance of tasks assigned.

12. Carry out other duties as per law provisions.

Article 5. Responsibility for state management of education by other ministries

1. Conduct study and forecast about demand for manpower for the field under their management in order to support the preparation of plans for human resources training, and apply information technology in human resources management.

2. Implement policies on private sector involvement for education, call for legal resources and participation of enterprises, organizations and individuals in training of human resources for the field under their management as assigned.

3. Produce statistics; send periodic and irregular reports on activities and conditions for education quality assurance of affiliated education institutions as regulated.

4. Take responsibility for representation of education activities and education quality of affiliated education institutions under their management as authorized.

5. Carry out other duties as per law provisions.

Article 6. Responsibility for state management of education by provincial People’s Committees

1. Send the provincial People's Council proposals of:

a) decision on plans, programs, projects and policies for education development, separation and job orientation in provinces that are consistent with the education development strategy and socio-economic development plan in provinces;

b) decision on amount of annual tuition fee of state education institutions under state management of provincial level as per law provisions;

c) decision on number of personnel of an education administration body in provinces of total number of personnel given by the competent authority;

d) approval for total number of employees in a state education institution under provincial management as per law provisions

2. Enforce legal documents and run education programs and projects in provinces and issue policies for provincial education development as authorized

3. Re-arrange and re-organize state education institutions under their management in consistent with real conditions of provinces, ensure sufficient education administrators and employees to run the scheme according to their job positions, satisfy conditions for education quality assurance, apply the mode of full-day studying in general education, take charge of representing the educational activities, education quality, administration of educational staff and learners under their management

4. Specify functions, duties, rights and organizational structure of the Department of Education and Training under the Government's regulations and guidance of the Ministry of Education and Training

5. Concur with foundation of teacher training colleges, branch campuses of teacher training colleges, tertiary education institutions and branch campuses thereof, issue the certificate of registration of investment in foreign-invested universities, certificate of investment and ratification of planning for school establishment and general design of private universities, participate in field appraisal of the scheme on establishment of provincial universities, check and certify education quality assurance conditions as a basis for the Ministry of Education and Training to permit educational activities in provincial universities as regulated

6. Select students enrolling in education institutions in the national education system without admission test and employ such students as regulated

7. Manage provincial state universities and private universities as per law provisions

8. Properly and sufficiently allocate state funding for provincial education as regulated, manage and check the use of the state funding provided in accordance with provisions of the Law on State Budget and decentralize management of state budget to satisfy education quality assurance conditions, collect and use tuition fee and other revenues of provincial state education institutions, implement the policy on private sector involvement for education and call for legal resources to develop provincial education

9. Universalize education, eradicate illiteracy, establish national standard schools and create learning environment for people in provinces

10. Provide guidelines for use, evaluation, training, re-training of educational staff and employees in education institutions under their management as regulated as well as implementation of such staff and employees as regulated.

11. Allocate sufficient land fund for education institutions according to the provincial education development strategy and plan.

12. Implement state's policies and provincial policies to ensure autonomy and responsibility for representation of task performance and education quality of education institutions under their management, regularly add information on teaching staff and education administrators under their management to the national database of education.

13. Check the compliance with provisions of the Law on Education in provinces as regulated.

14. Provide guidelines for statistical work and send notification as well as annual and irregular reports on provincial education to the Ministry of Education and Training.

15. Carry out other duties as per law provisions.

Article 7. Responsibility for state management of education by Chairpersons of provincial People’s Committees

1. Issue an establishment decision or establishment permission, withdraw the establishment decision or decide to permit the establishment, acquisition, full or partial division, dissolution, conversion or name changing of state and private education institutions as regulated, including teacher training schools at intermediate level, upper-secondary schools, schools with various educational stages of which the highest level is upper-secondary education, provincial schools for education administrators, ethnic minority boarding schools in provinces and districts, provincial continuing education centers and other education institutions under state management as regulated

2. Issue a decision on permission for establishment, dissolution and termination of operation of preschools and foreign-invested general schools (except for preschools and schools that are established as requested by diplomatic missions abroad of Vietnam and intergovernmental organizations) as regulated

3. Decide to establish the school’s council, admit appoint and dismiss Chairperson of such school’s council, supplement and replace its members, admit, appoint, dismiss, transfer, commend and discipline principles and deputy principles of intermediate schools for teacher training, teacher training colleges, provincial schools for re-training of education administrators, state universities in provinces based upon standards for job titles and procedures regulated by laws.

4. Decide to admit or not to admit the board of directors, chairperson of such board of directors, rectors of private universities in provinces according to job title standards and procedures as per law provisions.

5. Decide to appoint, dismiss, transfer, commend or discipline Director and Deputy Director of the Department of Education and Training according to the standards for job positions and procedures as per law provisions.

6. Decide or send proposal to the competent authority to decide commendation for organizations and individuals with great contributions to education development in provinces.

7. Carry out administrative inspection of education institutions under their management, instruct district-level People's Committees, Department of Education and Training to carry out administrative inspection of education institutions under their management and provide guidelines for specialized inspection as per law provisions.

8. Deal with complaints and denunciation and handle education-related violations committed in education institutions under their management as per law provisions.

9. Send annual reports on provincial education to provincial People’s Council and the Ministry of Education and Training as regulated.

10. Carry out other duties as per law provisions.

Article 8. Responsibility for state management of education by district-level People’s Committees

1. Propose plans, programs and projects for development of preschool education, primary education and secondary education in districts in consistent with the provincial education strategy and socio-economic development plan in districts to the district-level People's Council for ratification purpose.

2. Provide guidelines for implementation of plans, programs and projects for development of preschool education, primary education and secondary education in districts which are approved by the competent authority and execute legal documents on education.

3. Re-arrange and re-organize preschools, primary schools and lower-secondary schools in districts in consistent with real conditions of districts, ensure sufficient education administrators and employees to run the scheme according to their job positions as assigned, satisfy conditions for education quality assurance, apply the mode of full-day studying in preschools, primary schools and lower-secondary schools, take charge of representing the educational activities, education quality, administration of educational staff and learners in education institutions and implement education development policies under their management.

4. Stipulate functions, duties and rights of the Division of Education and Training under the Government’s regulations and the guidance of the Ministry of Education and Training.

5. Provide guidelines and carry out visit inspection to education institutions under their management in terms of education quality assurance.

6. Universalize education, eradicate illiteracy, establish national standard schools and create a learning environment for people in districts.

7. Provide guidelines on use, evaluation, training, re-training of educational staff and employees in education institutions under their management and implementation of policies intended for such staff and employees as regulated and regularly add information on the teaching staff and education administrators under their management to the national database of education.

8. Ensure that financial resources, assets, facilities and land funds are all available, implement policies on private sector involvement for education, mobilize resources for education development and issue regulations to ensure autonomy and responsibility for representing the task performance and education quality applied to education institutions under their management.

9. Check the compliance with law provisions by education institutions under state management performed by district-level People's Committees.

10. Provide guidelines for statistical work and send notification and annual as well as irregular reports on education in districts as required by district-level People’s Committees and the Department of Education and Training.

11. Carry out other duties as per law provisions.

Article 9. Responsibility for state management of education by Chairpersons of commune-level People’s Committees

1. Issue a decision on establishment or permit the establishment, withdraw the establishment decision or decide to permit the establishment, acquisition, full or partial division, dissolution, conversion or name changing of state and private education institutions as regulated, including kindergartens, preschools, primary schools, lower-secondary schools, general schools with various educational stages of which the highest stage is lower-secondary education, ethnic minority day-boarding schools, community education centers and other education institutions under state management performed by district-level People's Committees.

2. Decide to appoint, dismiss, transfer, commend or discipline the head and deputy of the Division of Education and Training according to the standards for job positions and procedures regulated by laws.

3. Decide to recruit or give authorization for recruitment of educational employees under current regulations, arrange employees according to their job positions, admit, appoint, dismiss, transfer, commend or discipline the heads and deputies of state education institutions specified in Clause 1 this Article or change their job positions, ethnic minority boarding schools in districts which do not provide upper-secondary education and other education institutions under their management upon consideration of the plan prepared by the Department of Education and Training and assessment of the Domestic Affair Division.

4. Decide to establish the school’s council, admit, appoint and dismiss Chairperson thereof, supplement or replace members of state school’s councils, admit or not to admit the board of directors, chairperson and deputy chairperson of such board of directors, principles and deputy principles of state and private schools under management of district-level People’s Committees according to standards for job titles and procedures regulated by laws.

5. Decide or send proposal of commendation for organizations and individuals with great contributions to education development in districts to the competent authority for ratification purpose.

6. Carry out inspection and deal with complaints and denunciation, and handle education-related violations committed in education institutions under their management as per law provisions.

7. Send periodic reports on education in districts to the Department of Education and Training, provincial People’s Councils and People' Committees as regulated.

8. Carry out other duties as per law provisions.

Article 10. Responsibility for state management of education by commune-level People’s Committees  

1. Prepare and submit the plan for education development in communes to the commune-level People's Council, and implement the approved plan.

2. Invest or participate in investment in establishment of preschools, primary schools, lower-secondary schools and schools with various educational stages of which the highest stage is lower-secondary education, community education centers according to decisions of district-level People's Committees and cooperate with relevant entities in giving opinions to district-level People's Committees on establishment of national standard schools and land use plans for education institutions in communes.

3. Manage community education centers, cooperate with the Division of Education and Training in managing preschools, primary schools, lower-secondary schools, schools with various educational stages of which the highest stage is lower-secondary education, mobilize resources for education development in communes, create a clean educational environment, encourage people to pay more attention to education and cooperate with schools in providing education for children, participate in protection and renovation of historical relics, landscapes, cultural works and works for learning and entertaining activities provided for students.

4. Check conditions for assurance of education quality in independent-run nursery groups and preschool classes in communes. Take responsibility for representation of educational activities under their management.  

5. Carry out other duties as per law provisions.

Article 11. Responsibility for state management of education by Chairpersons of commune-level People’s Committees

1. Permit the establishment, issue a decision on acquisition, full or partial division or suspension of educational activities and dissolution of independently-run nursery groups and preschool classes as regulated.

2. Instruct education institutions in communes to organize the enrollment, and encourage children in school age to come to classes in order to ensure educational universalization and illiteracy eradication as well as enable people to study for life.

3. Carry out statistic work, send notifications and periodic as well as irregular reports on education development as required by district-level People's Committees and the Division of Education and Training.

4. Deal with complaints and denunciation, and handle education-related violations committed in education institutions under their management as per law provisions.

5. Carry out other duties as per law provisions.

Chapter III

RESPONSIBILITIES OF EDUCATION AND TRAINING DEPARTMENT AND EDUCATION AND TRAINING DIVISION

Article 12. Responsibilities of the Department of Education and Training

1. Give advice to provincial People's Committees on proposals sent to People’s Council of the same level, regarding:

a) decision on plans, programs, projects and policies for education development, separation and job orientation in provinces consistent with the education development strategy and socio-economic development plan in provinces;

b) decision on amount of annual tuition fee in state education institutions under state management of provincial level as per law provisions;

c) decision on personnel of an education administration body in provinces as per law provisions;

d) approval for total number of employees in state education institutions under provincial management as per law provisions.

2. Send the provincial People's Councils proposals of:

a) policies, programs, projects or schemes for education development in provinces legally accepted and methods for performing tasks related to state administrative reform in education;

b) authority given to district-level People's Committees and the Department of Education and Training to carry out their duties and rights of provincial People's Committees for state management of education;

c) functions, duties, rights and organizational structure of the Department of Education and Training under the Government's regulations and guidance of the Ministry of Education and Training

3. Send the Chairpersons of provincial People's Council proposals of:

a) establishment or permission for establishment, withdrawal of decision on establishment or permission for establishment, acquisition, full or partial division, dissolution, name changing or conversion of education institutions specified in Clause1 and 2 Article 7 herein as per law provisions;

b) establishment of school's council, recognition, appointment and dismissal of the Chairperson of the school's council, supplementation or replacement of its members; recognition, appointment, dismissal, transfer or change of job position or commendation and discipline of principles and deputy principles of teacher training schools at the intermediate level, teacher training colleges, provincial schools for training of education administrators, recognition or non-recognition of the board of directors, chairperson thereof and rectors of private universities in provinces based upon standards for job titles and procedures regulated by laws;

c) issuance of decisions, orders and other documents concerning education under management of Chairpersons of provincial People's Committees as assigned;

d) commendation or proposal sent to the competent authority on commendation for organizations and individuals with great contributions to local education.

4. Stipulate functions, duties and rights of entities affiliated to the Department of Education and Training as regulated.

5. Provide guidelines, dissemination and execution of legislative documents concerning education, plans, programs, projects, schemes and other contents for education which are approved by the competent authority.

6. Provide guidelines and perform professional tasks; universalize education, eradicate illiteracy, establish national standard schools and create a learning environment for peoples in the areas under their management, set out enrollment and examination, issue and revoke certificate and diploma as well as carry out accreditation of Divisions of Education and Training and education institutions under their management.

7. Provide professional management for continuing education programs run by education centers in districts as regulated.

8. Issue decisions on permission for educational activities and suspension of educational activities in upper-secondary schools and general schools with various educational stages of which the highest stage is upper-secondary education, ethnic minority boarding schools in provinces, ethnic minority boarding schools in districts which provide upper-secondary education, centers for foreign language and informatics training in the areas under their management (except for informatics and foreign language centers operating in the campus of universities or colleges), foreign-invested education institutions (except for universities and branch campuses of foreign-invested universities in Vietnam), issue, suspend and revoke certificate of registration of teacher training at intermediate level as regulated

9. Issue a decision on establishment of the school’s council, recognition, appointment and dismissal of the Chairperson of school's council, supplementation and replacement of its members for upper-secondary schools, schools with various educational stages of which the highest stage is upper-secondary education, ethnic minority boarding schools in provinces, ethnic minority boarding schools in districts which provide upper-secondary education affiliated to the Department of Education and Training, decision on recognition, appointment, dismissal, transfer, position changing, commendation and discipline of the heads and deputies of entities affiliated to the Department of Education and Training and service providers affiliated to the Department of Education and Training based upon standards for job titles and procedures regulated laws.

10. Admit or not admit the board of directors, chairperson and deputy chairperson thereof, principles and deputy principles of private upper-secondary schools and private schools with various educational stages of which the highest stage is upper-secondary education.

11. Issue and revoke the business certificate and issue a decision on suspension of operations of study abroad consultancies in the areas under their management as per law provisions.

12. Take charge of preparation of annual plans for number of personnel in the Department of Education and Training and its affiliated education institutions, submit proposals of employee allocation according to their job positions in affiliated education institutions to the competent authority for ratification purpose as regulated, provide guidelines for recruitment, use, evaluation, training of employees in education institutions under management of provincial People's Committees and implementation of policies intended for such employees as regulated.

13. Make an estimate of budget for education, decide the allocation of budget estimate to affiliated education institutions which are approved by the competent authority, approve and notify finalization of such funding in a year and make a consolidated report on funding finalization of affiliated education institutions, cooperate with the Department of Finance and Department of Planning and Investment in determining and balancing annual state funding for local education activities and send reports to the competent authority, provide guidelines and carry out inspection of provision and use of state funding and other legal finance sources for educational activities in provinces.

14. Provide guidelines on mobilization of resources for education development ensure autonomy and self-responsibility of affiliated education institutions, manage finance, properties and facilities assigned as per law provisions. Be responsible for representation of educational activities, education quality, teacher and learner management, and implementation of policies on education development under their management to provincial People's Councils and People's Committees and the Ministry of Education and Training and the whole community.

15. Carry out inspection and deal with complaints and denunciation, and handle education-related violations as per law provisions.

16. Perform statistical work and send notifications and annual as well as irregular reports on education in the areas under their management to provincial People’s Committees and the Ministry of Education and Training as regulated.

17. Carry out other duties as per law provisions.

Article 13. Responsibilities of the Division of Education and Training

1. Give advice to district-level People's Committees on plans, programs and projects for development of preschool education, primary education and lower-secondary education in the areas under their management in consistent with the provincial education strategy and socio-economic development plan in districts which are sent to the same level People's Council for ratification purpose.

2. Send the district-level People's Committees proposals of:

a) functions, duties and rights of the Division of Education and Training under the Government’s regulations and the guidance of the Ministry of Education and Training;

b) authority given to commune-level People's Committees and the Division of Education and Training to carry out one or more than one duty and rights of district-level People's Committees for state management of education;

3. Send the Chairpersons of district-level People's Committees proposals of:

a) establishment or permission for establishment, withdrawal of decision on establishment or permission for establishment, acquisition, full or partial division, dissolution, name changing or conversion of education institutions specified in Clause 1 Article 9 in this Decree as per law provisions;

b) establishment of the school’s council, recognition, appointment and dismissal of the Chairperson of such school's council, and supplementation or replacement of members of state school’s councils, recognition or non-recognition of the board of directors, chairperson and deputy chairperson thereof, principles and deputy principles of state and private schools under state management performed by district-level People’s Committees based upon standards for job titles and procedures as regulated by laws;

c) commendation or proposal sent to the competent authority on commendation for organizations and individuals with great contributions to local education;

d) other tasks related to state management of education under the power of Chairpersons of district-level People's Committees.

4. Provide guidelines for inspection of compliance with professional regulations, education quality assurance, enrollment, examination, issuance of certificate and diploma, education universalization, illiteracy eradication and establish national standard schools as well as create a learning environment for people in the areas under their management. Be responsible for representation of educational activities, education quality, teacher and learner management, and implementation of policies on education development under their management to district-level People's Councils and People's Committees and the Department of Education and Training and the whole community.

5. Issue a decision on permission for educational activities or suspension of educational activities carried out in ethnic minority boarding schools in districts which do not provide upper-secondary education and education institutions specified in Clause 1 Article 9 herein.

6. Prepare plans and cooperate with the Domestic Affair Division in carrying out the procedure, propose plans for recruitment of educational employees to Chairpersons of district-level People's Committees for ratification purpose, arrange employees according to their job positions, admit, appoint, dismiss, transfer, commend or discipline the heads and deputies of state education institutions specified in Clause 1 Article 9 herein and ethnic minority boarding schools in districts which do not provide upper-secondary education or change their job positions according to regulations issued by district-level People's Committees.

7. Take charge of preparation of annual plans for number of personnel in the Division of Education and Training and state education institutions under management of district-level People's Committees which are sent to the competent authority for ratification purpose. Provide guidelines for implementation and check the use, evaluation, training and re-training of employees in education institutions under management of district-level People’s Committees and implement policies intended for such employees as regulated.

8. Make a funding estimate and send it to the Division of Finance and Planning for appraisal purpose, submit the plans for funding allocation to Chairpersons of district-level People's Committees for ratification purpose, give the funding estimate to state education institutions under management of district-level People's Committees and cooperate with the Division of Finance and Planning in providing guidelines and checking the provision and use of state funding and other legal finance sources in education institutions under the areas under their management as regulated.

9. Carry out inspection and deal with complaints and denunciation, and handle education-related violations as per law provisions.

10. Provide guidelines on state management of education for commune-level People’s Committees.

11. Perform statistical work and send notifications and annual as well as irregular reports on education in the areas under their management to district-level People’s Committees and the Department of Education and Training as regulated.

12. Carry out other duties as per law provisions.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14. Effect

1. This Decree comes into force from November 15, 2018 and will replace Decree No.115/2010/ND-CP dated December 24, 2010 of the Government on responsibility for state management of education.

2. The Ministry of Education and Training shall provide guidelines for functions, duties, rights and organizational structure of the Department and Division of Education and Training in accordance with regulations herein and other relevant legislative documents.

Article 15. Implementation responsibility

Minister of Education and Training, other Ministers, Directors of ministerial agencies and Governmental agencies, Chairpersons of People's Committees of provinces and centrally-affiliated cities and relevant agencies shall take responsibility to implement this Decree./.