Thông tư 04/2014/TT-BGDĐT quản lý hoạt động giáo dục kỹ năng sống ngoài giờ chính khóa

CIRCULAR

INTRODUCING REGULATIONS ON MANAGEMENT OF LIFE SKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES  

Pursuant to the Law on Education dated June 14, 2005; the Law on Amendments and Supplements to the Law on Education dated November 25, 2009; 

Pursuant to the Government's Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks, powers and organizational structure of Ministries and Ministry-level bodies;

Pursuant to the Government's Decree No. 32/2008/ND-CP dated March 19, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. 75/2006/ND-CP dated August 2, 2006, elaborating and providing guidance on the implementation of a number of articles of the Law on Education; the Government's Decree No. 31/2011/ND-CP dated May 11, 2011 on revision and supplementation of  the Government's Decree No. 75/2006/ND-CP dated August 2, 2006, elaborating and providing guidance on the implementation of a number of articles of the Law on Education; the Government’s Decree No. 07/2013/ND-CP dated January 9, 2013 amending point b of clause 13 of Article 1 of the Decree No. 31/2011/ND-CP dated May 11, 2011 amending and supplementing certain Articles of the Government's Decree No. 75/2006/ND-CP dated August 2, 2006 elaborating and providing guidance on implementation of certain articles of the Law on Education; 

Pursuant to the Government’s Decree No. 115/2010/ND-CP dated December 24, 2010 providing for responsibilities of state management of educational activities;

Upon the request of the Director of the Department of Continuing Education,

The Minister of Education and Training herein issues the following decision:

Article 1. Regulations on Management of Life Skills Education and Extracurricular Activities are enclosed herewith. 

Article 2. This Circular shall enter into force as of April 15, 2014.

Article 3. The Office’s Chief, the Director of the Department of Continuing Education, Heads of affiliates of the Ministry of Education and Training; the Presidents of the People’s Committees of centrally-affiliated cities and provinces, the Directors of Departments of Education and Training; the Directors of universities and academies; the Rectors of universities, colleges, professional secondary schools; entities and persons concerned, shall be responsible for implementing this Circular./.

REGULATIONS

MANAGEMENT OF LIFE SKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES 
(Annexed to the Circular No. 04/2014/TT-BGDDT dated February 28, 2014 of the Minister of Education and Training)

Chapter I

GENERAL REGULATIONS

Article 1. Scope and subjects of application

1. This document sets out regulations on the management of life skills education and extracurricular activities, including:   requirements; authority, documentation and procedures required for permission and certification for these educational activities, revocation or suspension of business licenses; responsibilities for management of these activities; inspection, supervision, examination and handling of offences.  

2. This instrument shall apply to:

a) Small-scale childcare facilities; kindergartens and preschools; elementary schools, lower or upper secondary schools, boarding high schools for ethnic minorities, semi-boarding high schools for ethnic minorities, college preparatory schools, specialized schools, gifted schools, professional secondary schools, colleges, universities; continuing education centers, foreign languages and informatics centers and community learning centers (hereinafter collectively referred to as educational institutions) involved in life skills education and extracurricular activities;

b) Enterprises established in accordance with the Law on Enterprises that are registered to operate in the field of education; centers controlled by socio-political organizations, socio-professional organizations (hereinafter collectively referred to as units) involved in life skills education and extracurricular activities at educational institutions.

Article 2. Life skills education and extracurricular activities 

1. Life skills education activities referred to in these Regulations are understood as educational activities that help learners form and develop positive and healthy habits, behaviors and attitudes in dealing with personal and social life situations, thereby perfecting their personality and further improving their personal development orientation on the basis of life values.

2. Extracurricular activities referred to in this regulation are understood as educational activities designed to meet the needs of learners that are not part of the educational programs or plans approved by competent authorities.

Article 3. Principles of life skills education and extracurricular activities 

1. Life skills education and extracurricular activities should contribute to consolidating and improving knowledge, skills and character education for learners; should be tailored to psycho-physiological characteristics of learners and aligned with Vietnamese fine customs and traditions.

2. Educational institutions shall be held responsible for educational contents and quality of life skills education and extracurricular activities.

3. None of violations against Regulations on extra-class learning or tutoring activities is permitted.

4. Learners can participate in these educational activities of their own free will.

Chapter II

ELIGIBILITY REQUIREMENTS FOR PROVISION OF LIFE SKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES 

Article 4. Physical facilities

1. There are classrooms and function rooms that are well illuminated and satisfy school sanitation requirements as legally prescribed.

2. Teaching equipment must be safe and fit for teaching contents, activities and age-related psychological characteristics of learners.

Article 5. Teachers, presenters and coaches

1. Fully meet health requirements.

2. Are of good moral character; are not facing disciplinary action in the form of warning or more severe sanction, or are not being prosecuted for penal liability.

3. Have completed professional certificates in pedagogy majors; have a good command of related areas of life skills or other educational activities.

Article 6. Syllabuses and curriculum documents

Syllabuses and curriculum documents circulated or approved by the Ministry of Education and Training should be provided in full. If they are selected or created autonomously, they must be approved by competent licensing or certification agencies stated in Article 7 and Article 8 of these Regulations; must meet requirements, convey information tailored to traditional customs and values of Vietnam, and not challenge legislation.

Chapter III

LICENSING AND CERTIFICATION AUTHORITY, DOCUMENTATION REQUIREMENTS AND PROCEDURES FOR REGISTRATION, REVOCATION AND WITHDRAWAL OF LICENSES FOR PROVISION OF LIFE SKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES 

Article 7. Licensing authority, documentation requirements, application processes and procedures for licenses for provision of life skills education and extracurricular activities

1. Licensing authority:

a) Directors of Departments of Education and Training are vested with authority to grant licenses to the units specified in paragraph b of clause 2 of Article 1 in these Regulations;

b) Rectors of universities and colleges are accorded authority to license their controlled units to provide in-house life skills education and extracurricular activities.

2. Documentation submitted to apply for licenses, including:

a) Request form for the license for provision of life skills education and extracurricular activities.   The request form should clearly state the followings: training and coaching objectives, tasks, programs and activities; land, facilities, equipment, location, organizational apparatuses, finance and other resources; commitment to ensuring security, order and environmental sanitation, strict compliance with regulations imposed by supervisory authorities of the places where life skills education and extracurricular activities take place;

b) Business registration certificate;

c) List and biodata with valid proofs of leaderships, teachers, coaches and presenters (clearly give their full name, education level, position, occupation, pedagogical capacity and expertise in the fields of life skills or related educational activities) participating in planning, design and provision of life skills education and extracurricular activities;

d) Plan of action, syllabuses, textbooks, curriculum documents used in teaching and coaching activities.

3. Licensing processes and procedures:

a) Units prepare applications for licenses and submit them to competent licensing authorities;

b) Within 15 working days of receipt of valid application packages, competent licensing authorities verify submitted applications and check whether applicants comply with operational requirements to issue decisions on approval of grant of licenses or reject applications. In case of such rejection, written responses clearly stating reasons should be sent.

Article 8. Certification authority, documentation requirements, application processes and procedures for certification of registration for life skills education and extracurricular activities

1. Authority over certification of registration for life skills education and extracurricular activities:

a) Directors of Departments of Education and Training are accorded authority to certify registration for life skills education and extracurricular activities of professional secondary/intermediate schools, high schools and multi-level high schools in which the upper secondary level is the highest, boarding general education schools for ethnic minorities, college preparatory schools, specialized schools, gifted schools, continuing education centers, foreign languages and informatics centers and off-campus units of universities and colleges.

b) Directors of Subdepartments of education and training in districts are accorded authority to certify registration for life skills education and extracurricular activities of small-scale childcare facilities; kindergartens and preschools; primary schools, lower secondary schools, multi-level general education schools in which the level of lower secondary education is the highest, semi-boarding general education schools for ethnic minorities and community learning centers.

2. The followings are required in the application package for registration for life skills education and extracurricular activities:

a) Written application for registration for life skills education and extracurricular activities; 

b) List and biodata with valid proofs of teachers, coaches and presenters (clearly give their full name, education level, position, occupation, pedagogical capacity and expertise in the fields of life skills or related educational activities) participating in planning, design and provision of life skills education and extracurricular activities;

c) Plan of action, syllabuses, textbooks, curriculum documents used in teaching and coaching activities.

3. Processes and procedures for certification of registration for life skills education and extracurricular activities:

a) Educational institutions prepare registration application for submission to competent authorities;

b) Within 05 working days of receipt of valid application, competent authorities mark their certification of registration for life skills education and extracurricular activities on applications for registration submitted by educational institutions, stating that it is to certify that registration is granted, and then send them back to educational institutions. In case of refusal to grant registration, written responses clearly stating reasons should be sent.

Article 9. Suspension of life skills education and extracurricular activities

1. Educational institutions, units providing life skills education and extracurricular activities may be suspended from providing these activities in the following cases:

a) They fail to comply with commitments made or activities registered with competent licensing and registration certification authorities;

b) They breach law on education to the extent that administrative sanctions must be imposed in the form of suspension of these activities;

c) The license is issued ultra vires;

d) Other circumstances prescribed in law arise.

2. Suspension processes and procedures: 

a) Competent licensing or registration certification persons set up inspection teams to assess the actual condition of educational institutions or units and put forward recommended remedy plans;

b) Based on inspection results, competent licensing or registration certification persons issue their decisions to suspend life skills education and extracurricular activities.   In each decision on suspension of life skills education and extracurricular activities, reasons for such suspension should be clarified; and suspension duration and measures to protect learners' rights should be clearly specified. The decision on suspension of life skills education and extracurricular activities must be publicly announced on mass media;

c) After expiry of the suspension duration, if causes of such suspension are eliminated, the competent authority issuing the suspension decision can issue the decision on resumption of life skills education and extracurricular activities.  In case there is no permission for resumption, the competent authority sends a written notice clearly stating reasons and recommended actions.

3. Competent licensing or registration certification persons are accorded authority to suspend life skills education and extracurricular activities. 

4. In case of emergencies, when discovering that any educational institution or unit seriously violates law, the competent licensing or registration certification person or the competent authority referred to in law can decide to immediately suspend their activities and then take required steps or complete required procedures to suspend their activities.

Article 10. Revocation of licenses

1. Licenses may be revoked in the following cases:

a) Life skills education and extracurricular activities are not provided during the consecutive period of 12 months; 

b) Fraudulent acts are committed with the aim of obtaining licenses for provision of life skills education and extracurricular activities. 

2. Competent licensing persons are accorded authority to revoke licenses for provision of life skills education and extracurricular activities. 

Chapter IV

RESPONSIBILITIES FOR MANAGEMENT OF LIFE SKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES

Article 11. Responsibilities of all-level People’s Committees

1. Responsibilities of People’s Committees of centrally-affiliated cities and provinces

a) Take control of life skills education and extracurricular activities;

b) Direct Departments of Education and Training and their units involved in management of life skills education and extracurricular activities. 

2. Responsibilities of People’s Committees of provincially-run districts, cities or towns

a) Take control of life skills education and extracurricular activities;

b) Direct Sub-departments of Education and Training and their units involved in management of life skills education and extracurricular activities. 

Article 12. Responsibilities of Departments of Education and Training

1. Advise provincial People’s Committees on life skills education and extracurricular activities provided within their remit.

2. Grant licenses and certification of registration for life skills education and extracurricular activities in accordance with regulations. 

3. Assume responsibility to provincial People’s Committees for management of life skills education and extracurricular activities of educational institutions within their remit.

4. Take charge of and cooperate with relevant agencies and units in inspecting, examining and handling violations under their jurisdiction, or requesting competent authorities to handle violations.

5. Consolidate results and compile reports submitted to provincial-level People's Committees, Ministry of Education and Training at the end of school year or on request.

Article 13. Responsibilities of Sub-departments of Education and Training

1. Grant certification of registration for life skills education and extracurricular activities in accordance with regulations. 

2. Assume responsibility to district-level People’s Committees for management of life skills education and extracurricular activities of educational institutions within their remit.

3. Take charge of and cooperate with relevant agencies and units in inspecting, examining and handling violations under their jurisdiction, or requesting competent authorities to handle violations.

4. Consolidate results and compile reports submitted to district-level People's Committees, Departments of Education and Training at the end of school year or on request.

Article 14. Responsibilities of educational institutions

1. Ensure conformance to standards concerning the quality of life skills education and extracurricular activities. 

2. When providing educational activities, it is necessary to ensure safety for human life and protect legitimate mental and material rights for learners and teachers; at the same time, bear responsibility for assuring the benefits of participating in risk insurance for learners.

3. Retain and keep custody of documents and records, including registration dossiers; list of teachers, trainers or instructors; list of trainees or learners; lesson plans or curriculum documents; financial records according to current regulations.

4. When any educational institution cooperates with a unit to provide life skills education and extracurricular activities, they must enter into a contract.   The contract must clearly prescribe teaching contents, budget, teachers, trainers, locations of activities and responsibilities of each party.  After entering into that contract, the report on terms and conditions of this contract should be submitted to the directly supervisory authority.

5. Assent to the inspection and supervision of regulatory authorities and educational regulatory authorities at all levels; submit reports in full at the request of educational regulatory authorities.

Article 15. Responsibilities of units engaged in providing life skills education and extracurricular activities 

1. Strictly comply with these Regulations and other relevant regulations. If life skills education and extracurricular activities are temporarily suspended or terminated, licensing authorities must be informed 10 days in advance; such temporary suspension or termination should be publicly information to learners; at the same time, remaining amounts of money in proportion to activities not yet provided and length of time during which these activities are not yet provided due to such temporary suspension or termination must be refunded.

2. Ensure conformance to standards concerning the quality of life skills education and extracurricular activities. 

3. When providing educational activities, it is necessary to ensure safety for human life and protect legitimate mental and material rights for learners and teachers; at the same time, bear responsibility for assuring the benefits of participating in risk insurance for learners.

4. Retain and keep custody of documents and records, including dossiers on grant of licenses; list of teachers, trainers or instructors; list of trainees or learners; lesson plans or curriculum documents; financial records according to current regulations.

5. Assent to the inspection and supervision of regulatory authorities and educational regulatory authorities at all levels; submit reports in full at the request of educational regulatory authorities.

Article 16. Financial management of life skills education and extracurricular activities 

1. Educational institutions and units may collect tuition fees to pay wages to teachers, presenters, or pay for management and depreciation of fixed assets, and pay other overhead costs.

2. Educational institutions and units shall decide amounts of tuition fees according to the principle that revenues must compensate for operating costs; shall report these amounts to competent licensing authorities or registration certification authorities for regular inspection and supervision purposes.

3. Educational institutions and units shall assume the following responsibilities:

a) Apply the rules of 3 things that need to be publicly disclosed under regulations in effect;

b) Carry out accounting activities in accordance with the Law on Accounting;

c) Fulfill payment obligations to the state budget in accordance with legislation.

Chapter V

INSPECTION, EXAMINATION AND MANAGEMENT OF OFFENCES

Article 17. Inspection and examination

Life skills education and extracurricular activities shall be subject to the inspection and examination by educational regulatory authorities, State inspection agencies, relevant specialized inspection agencies and local authorities at all levels.

Article 18. Disciplinary actions

1. Educational institutions and units that violate regulations on management of life skills education and extracurricular activities may be subject to administrative sanctions or prosecuted for criminal liability as legally prescribed, depending on the nature and seriousness of their offences.

2. Heads of agencies, entities or units; officials, civil servants or public employees violating regulations on management of life skills education and extracurricular activities shall be disciplined in accordance with regulations./.