Nghị định 80/2017/NĐ-CP quy định về môi trường giáo dục an toàn, lành mạnh, thân thiện, phòng, chống bạo lực học đường

NGHỊ ĐỊNH

QUY ĐỊNH VỀ MÔI TRƯỜNG GIÁO DỤC AN TOÀN, LÀNH MẠNH, THÂN THIỆN, PHÒNG, CHỐNG BẠO LỰC HỌC ĐƯỜNG

Căn cứ Luật tổ chức Chính phủ ngày 19 tháng 6 năm 2015;

Căn cứ Luật trẻ em ngày 05 tháng 4 năm 2016;

Căn cứ Luật giáo dục ngày 14 tháng 6 năm 2005; Luật sửa đổi, bổ sung một số điều của Luật giáo dục ngày 25 tháng 11 năm 2009;

Căn cứ Luật giáo dục nghề nghiệp ngày 27 tháng 11 năm 2014;

Theo đề nghị của Bộ trưởng Bộ Giáo dục và Đào tạo;

Chính phủ ban hành Nghị định quy định về môi trường giáo dục an toàn, lành mạnh, thân thiện, phòng, chống bạo lực học đường.

DECREE

ON A SAFE, HEALTHY AND FRIENDLY EDUCATION ENVIRONMENT WHICH PREVENTS AND STOPS SCHOOL VIOLENCE

Pursuant to the Law on Organizing the Government, dated June 16, 2015;

Pursuant to the Children Law dated April, 05, 2016;

Pursuant to the Education Law dated June 14, 2005; the Law on amending certain articles of the Education Law dated November 25, 2009;

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

At the request of the Minister of Education and Training;

The Government promulgates the Decree on a safe, healthy and friendly education environment which prevents and stops school violence.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree provides regulations on a safe, healthy and friendly education environment which prevents and stops school violence.

2. This Decree applies to pre-primary educational institutions, secondary educational institutions, continuing educational institutions, vocational training institutions, special education schools, foreign invested educational institutions and joint training educational institutions in Vietnam (hereinafter referred to as "educational institutions”), literacy classes, foreign language classes, computer classes, skill classes, classes for the gifted, cultural classes, classes for students under 18 having difficulties in going to school (hereinafter referred to as "independent classes"); related agencies, organizations and individuals.

Article 2. Definitions

In this Decree, the following terms are construed as follows:

1. The education environment has all the physical and mental conditions which can affect the education, learning, training and development activities of the students.

2. A safe education environment is an environment that protects the students from physical and mental damages.

3. A healthy education environment is an environment without social evils and violence; the students, managerial staff, teachers and employees in such environment have a healthy lifestyle and behave appropriately.

4. A friendly education environment is an environment where students are treated respectively, fairly, equally and compassionately; they are allowed to enhance democracy and provided with favorable conditions for developing their virtues and potential.

5. School violence includes torture, abuse and beating; physical abuse; verbal abuse, dignity and honor violations; isolation and other actions that damage the physical and mental health of students at the educational institutions or in the independent classes.

Chapter II

A SAFE, HEALTHY AND FRIENDLY EDUCATION ENVIRONMENT WHICH PREVENTS AND STOPS SCHOOL VIOLENCE

Article 3. Requirements for locations, facilities, teaching equipment, supplies and children’s toys

1. Locations of educational institutions and independent classes shall not violate the regulations in clause 13, Article 6 of the Children Law and shall not be listed as dangerous areas.

2. The facilities of an educational institution must include:

A campus, an entrance gate, an entrance sign board, fencing walls, fences, a garden and trees which satisfy the safety and hygiene requirements and the aesthetic principles; They are environmental friendly.

b. A play ground, a training ground and a parking lot which are friendly and appropriate for students.

c. Classes such as classes by subjects must satisfy the lighting and ventilation requirements and have appropriate tables and chairs for students. There must be a canteen and boarding rooms in boarding schools.

d. Restrooms and a clean water supply system; as well as other construction works which are safe, friendly, easily accessible and appropriate for the diverse needs of the users.

3. The teaching equipment, supplies and children's toys of the educational institution and independent classes must be appropriate for the psycho-physiological characteristics of the students; must be easily accessible and arranged and used safely and properly.

Article 4. Teaching documents and materials requirements.

1. As for the educational institution:

a. The teaching documents and materials must be appropriate for the purposes and contents of the education programs; must satisfy the scientific, teaching, humanity and aesthetic principles; must be appropriate for the psycho-physiological characteristics of the students; shall not have violent and pornographic contents; shall not distort the history of Vietnam and negatively affect its culture; shall not include prejudice and discrimination contents.

b. There must be documents and materials for teaching ethics, lifestyles, life skills, law obedience, sexuality education, and accident and abuse prevention.

c. There must be an IT system connecting to the Internet and websites which satisfy the teaching and learning requirements; such system and websites must be fully controlled to ensure that students are provided with safe and healthy contents which are appropriate with their age.

2. Independent classes must at least satisfy the requirements specified in point a, clause 1 of this Article.

Article 5. Activities for maintaining a safe, healthy and friendly education environment

1. The educational institution must:

a. Ensure public order and food safety; prevent and stop accidents and injuries, fire and explosion and natural disasters.

b. Develop, announce and implement the code of conduct properly, with the engagement of students.

c. Provide communication means such as suggestion box, hot line and other forms to receive and handle the information from students; keep the confidential information from the providers safe.

d. Organize creative activities, life skills activities, after school activities, social activities, charity activities, recreational activities, cultural activities and sport activities to develop a safe, healthy, friendly and equal education environment which is appropriate with the age and psycho-physiological characteristics of the students.

dd. Carry out health activities at the school, as well as counseling and support activities.

e. Regularly exchange information with the families of students and the community about the conditions for ensuring physical and life safety for such students, as well as the conditions for protecting their honor, dignity and private life.

2. Independent classes must at least satisfy the requirements specified in point a and point e, clause 1 of this Article.

Article 6. School violence prevention and control

1. School violence prevention measures:

Disseminate the information about the dangers and consequences of school violence to students, managerial staff, teachers and employees in the educational institution in order to enhance their awareness of such problems; of the responsibility to detect, notify and report the violent behaviors; to carry out timely intervention and prevent violent behaviors in an appropriate manner.

b. Educate and equip students, managerial staff, teachers and employees with knowledge and skills for preventing and responding to abuses, school violence and child abuse in the internet environment; educate and equip students with knowledge and skills for protecting themselves.

c. Announce the plan for prevention and control of school violence and the communication means used for reporting violent behaviors.

d. Carry out school inspection and supervision to collect and handle information about violent behaviors.

dd. Implement positive education methods without provoking violence.

2. Measures for supporting students who are at risk of school violence:

a. Timely detect any student who uses aggressive behavior and may cause school violence, as well as any student who is at risk of such violence.

b. Analyze the level of risk and predict the violent behaviors that may occur in order to develop specific prevention and support measures.

c. Counsel the student who is at risk of school violence and who may cause such violence in order to prevent and eliminate the risks of such behaviors.

3. Measures for responding to school violence:

a. Preliminary estimate the extent of damage happened to the student and make judgment about his/her current state.

b. Immediately implement supportive measures and provide medical attention and counseling for the abused student; observe and evaluate his/her safety conditions.

c. Immediately contact the student’s family and cooperate with them in handling the situation; if such situation is beyond the authority of the educational institution, notify the police office and People's Committee of the commune, ward and village immediately, as well as other related agencies, with the aim to cooperate with them in handling such situation according to the law.

Chapter III

RESPONSIBILITIES IN MAINTAINING A SAFE, HEALTHY AND FRIENDLY EDUCATIONAL ENVIRONEMNT TO PREVENT AND STOP SCHOOL VIOLENCE

Article 7. Ministry of Education and Training

1. Take charge and cooperate with the ministries, sectors, localities, social-political organizations, related organizations and individuals in maintaining a safe, healthy and friendly education environment, with the aim to prevent and stop school violence in the educational institutions and independent classes under their management.

2. Provide guidance on integrating the education contents that describe a safe, healthy and friendly education environment into the education plan of the educational institutions and independent classes under their management, with the aim to prevent and stop school violence.

3. Provide guidance on school counseling and school social activities.

4. Inspect the implementation of regulations on a safe, healthy and friendly education environment. Such implementation is carried out by the educational institutions and independent classes under their management.

Article 8. Ministry of Labor, War Invalids, and Social Affairs (MOLISA)

1. Take charge and cooperate with the ministries, sectors, localities, social-political organizations, related organizations and individuals in maintaining a safe, healthy and friendly education environment, with the aim to prevent and stop school violence in the educational institutions and independent classes under their management.

2. Provide guidance on integrating the education contents that describe a safe, healthy and friendly education environment into the training programs of the educational institutions and independent classes under their management, legal action with sanction of forging title.

3. Inspect the implementation of regulations on a safe, healthy and friendly education environment. Such implementation is carried out by the educational institutions and independent classes under their management.

Article 9. Ministry of Information and Communications

Direct and guide the press agencies in disseminating the information about a safe, healthy and friendly education environment, with the aim to prevent and stop school violence.

Article 10. Ministry of Public Security

1. Direct and guide police officers at all levels to cooperate with the educational institutions in maintaining public order and safety in such institutions, with the aim to prevent and stop law violations and prevent and handle violent cases.

2. Direct the maintenance of a safe, healthy and friendly education environment, with the aim to prevent and stop school violence in the educational institutions under their management.

3. Inspect the implementation of regulations on a safe, healthy and friendly education environment at reform schools, with the aim to prevent and stop school violence.

Article 11. Ministry of Health

Cooperate with the Ministry of Education and Training in guiding and carrying out medical activities, with the aim to provide health care for students and prevent them from diseases and illness.

Article 12. Responsibilities of ministries and ministerial agencies

1. Direct the maintenance of a safe, healthy and friendly education environment, with the aim to prevent and stop school violence in the educational institutions and independent classes under their management.

2. Inspect the implementation of regulations on a safe, healthy and friendly education environment, with the aim to prevent and stop school violence in the educational institutions and independent classes under their management.

Article 13. Responsibilities of People’s Committees at all levels

1. Direct, as authorized, the implementation of the regulations on a safe, healthy and friendly education environment, with the aim to prevent and stop school violence.

2. Direct the agencies, sectors and localities in maintaining public order and safety at educational institutions and independent classes; inspect and handle violent cases that cause insecurity in such institutions and classes as authorized.

3. Inspect, as authorized, the implementation of the regulations on a safe, healthy and friendly education environment at the educational institutions and independent classes to prevent and stop school violence.

Article 14. Request the Vietnamese Fatherland Front and Front-affiliated organizations to

1. Monitor and criticize the maintenance of a safe, healthy and friendly education environment. Consult and propose such maintenance to the regulatory agencies.

2. Disseminate information about a safe, healthy and friendly education environment and mobilize the members of the organizations and the whole society to participate in creating such environment, with the aim to prevent and stop school violence.

Article 15. Request the social organizations

1. Mobilize the members of social organizations to support and participate in creating a safe, healthy and friendly education environment, with the aim to prevent and stop school violence.

2. Organize connection activities, collect information and requests from social organizations and students and send them to the regulatory agencies to provide suggestions and counseling about a safe, healthy and friendly education environment, with the aim to prevent and stop school violence.

Chapter IV

IMPLEMENTATION

Article 16. Entry into force

This Decree shall take effect from September 05, 2017.

Article 17. Implementation responsibilities

Ministers and Heads of ministerial agencies, Heads of governmental agencies, Chairpersons of People's Committees at all levels, and related agencies, organizations and individuals shall implement this Decree.