Chương III Nghị định 127/2018/NĐ-CP quy định trách nhiệm quản lý nhà nước về giáo dục: Trách nhiệm của sở giáo dục và đào tạo, phòng giáo dục và đào tạo

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.