Thông tư 12/2011/TT-BGDĐT về Điều lệ trường trung học cơ sở, phổ thông và trường phổ thông có nhiều cấp học do Bộ Giáo dục và Đào tạo ban hành

CIRCULAR

PROMULGATING MIDDLE SCHOOL , HIGH SCHOOL, COMBINED SECONDARY SCHOOL’S CHARTER

Pursuant to the Law on Education dated June 14, 2005; Law amending and supplementing a number of articles of the Law on Education dated November 25, 2009;

Pursuant to the Government’s Decree No. 178/2007 / ND-CP dated December 3, 2007, defining the functions, tasks, entitlements and organizational structure of ministries, ministerial-level agencies;

Pursuant to the Government’s Decree No. 32/2008 / ND-CP dated March 19, 2008, defining the functions, tasks, entitlements 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, detailing and guiding the implementation of some articles of the Law on Education;

Pursuant to the Government’s Decree No. 115/2010 / ND-CP dated December 24, 2010, defining the State management responsibilities for education;

At the request of the Director of Secondary School Education Department,

Minister of Education and Training Decides:

Article 1. Enclosed herewith this circular middle school, high school, combined secondary school’s charter

Article 2. This Circular takes effect from May 15, 2011.

This Circular shall replace the Minister of Education and Training’s Decision No. 07/2007 / QD-BGDDT dated April 2, 2007, on promulgating middle school, high school, combined secondary school’s charter.

Article 3. The Chief officers, Director of secondary School Education Department, the heads of the relevant units of the Ministry of Education and Training, Chairman of the People's Committees of central-affiliated cities and provinces, the Directors of education and training Departments, the principals of secondary schools, high schools, combined secondary school shall implement this Circular.

CHARTER

ON MIDDLE SCHOOL , HIGH SCHOOL, COMBINED SECONDARY SCHOOL.
(Enclosed herewith the Minister of Education and Training’s Circular No. 12/2011 / TT-BGDDT dated March 28, 2011 )

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and regulated entities

1. The charter of a middle school , high school or combined secondary school shall define the organization and management of the school; programs and educational activities; teachers; students; school property; relations between schools, families and society.

2. This charter shall apply to middle schools, high schools and combined secondary schools (hereinafter referred to as secondary school), organizations and individuals involved.  

3. Schools invested by the foreign individuals and economic organizations shall be specified in other documents.

Article 2. Position of secondary schools in national education system

Secondary schools shall be educational institutions of national education system. Each school shall have its own legal status, account and seal.

Article 3. Duties and rights of secondary schools

Secondary school shall have the following duties and rights:

1. Organize teaching, learning and other educational operations targeted, compulsory education program for middle and high schools issued by the Minister of Education and Training. Publicize objectives and contents of education, resources and finance, the results of education quality assessment .

2. Manage teachers, officers and staff in accordance with law.

3. Enroll and receive students; encourage students to go to school; manage students as prescribed by the Ministry of Education and Training.

4. Implement the plan for universalization of education as assigned

5. Mobilize, manage and use the resources for education. Cooperate with students' families, organizations and individuals in the educational operations.

6. Manage, use and maintain facilities, equipment as prescribed by the State.

7. Organize social activities for teachers, staff and students to participate.

8. Carry out education quality assessments.

9. Exercise other duties and powers as prescribed by law.

Article 4. Types and the system of secondary schools

1. The secondary school shall have two forms: public and private.

a) Public schools shall be decided to establish by competent State agencies and directly managed by the State. The fund for investment in facilities and regular expenditures shall be covered by the State budget ;

b) Private schools shall be established by social organizations, socio-professional organizations, economic organizations or individuals permitted by the competent State agencies .The fund for investment in facilities and operating cost shall not be included in the State budget.

2. One-level schools shall include:

a) Middle schools

a) High schools

3. Combined secondary schools shall include:

a) Combined primary/middle schools

a) Combined middle/high schools

c) Combined primary/middle/high schools

4. Special schools shall include:

a) Boarding schools for ethnic minorities, semi-boarding schools for ethnic minorities;

b) Specialized schools, schools for the gifted;

c) Schools for the disabled and handicapped

d) Reform schools

Article 5. School names and signs

1. The school name shall be defined as follows:

Middle school (or: High School; primary and middle school; middle and high school; primary, middle and high school, specialized general school ) + specific names of the schools

2. The school name shall be shown on the establishment decision, seals, school signs, and transaction documents.

3. The following contents shall be inscribed on the school sign :

a) On the top left corner:

- For secondary schools of which the highest level of education is middle school :

The first line: The People's Committee of the district (district, town, city), and district names (towns and cities) ;

The second line: Department of Education and Training.

- For schools with high school level:

The first line: The People's Committees of provinces, cities and names of central-affiliated cities and provinces ;

The second line: Department of Education and Training

b) The school name shall be in the middle as prescribed in Article 5 of this charter;

c) The address, phone number of the school shall be at the bottom

4. The school name and sign of the special school having its own regulation on organization and operation shall be implemented in accordance with such regulation on organization and operation.

Article 6. Decentralization

1. Middle schools and combined secondary schools of which the highest level is middle school shall be managed by Division of education and training of the districts .

2. High schools and combined secondary schools of which the highest level is high school shall be managed by Department of Education and Training of the provinces.

3. The special schools with their own regulation on organization and operation shall be implemented in accordance with such regulation on organization and operation.

Article 7. Organization and operation of schools with primary level, special schools and private schools

1. Schools with primary level must comply with the provisions of this charter and primary school charter .

2. The special schools, private schools prescribed in Article 4 of this charter shall comply with the provisions of this Charter and the regulation on organization and operation of such special schools, private schools issued by the Minister of Education and Training .

Article 8. School regulations

The schools shall formulate their own regulations based on the provisions of this Charter and the regulations, charters specified in Article 7 of this charter (for schools with primary level, specialized schools, private schools ).  

Chapter II

SCHOOL ORGANIZATION AND MANAGEMENT

Article 9. Conditions for establishment of schools and for educational operation

1. Conditions for establishment of schools :

a) A project for establishment of the school in accordance with the planning of socio-economic development and educational institution network approved by competent agencies;

b) Such project shall define clear objectives, tasks, programs and educational contents; land, facilities, equipment, location planned to build schools, organizational structure, resources and finance; strategic direction and development of the school.

2. Conditions for education operation shall include:

a) An establishment decision or the decision permitting the establishment of the school;

b) Land, campus, facilities and equipment meeting the requirements of educational operation;

c) A school location ensuring the educational environment, the safety of students, teachers, officers and staff;

d) Educational programs and teaching and learning materials as prescribed in accordance with each level of education;

dd) Teachers and administrative officers with standards of quality and qualification trained in accordance with the Law on Education for the school level, with sufficient numbers according to the structure of the type of teachers to ensure the educational programs and educational activities;

e) Sufficient financial resources as prescribed to maintain and develop educational operation;

g) Regulations on organization and operation of the school.

3. Within the required time, if the school meets all the conditions prescribed in clause 2 of this Article, the competent agencies shall permit educational operation; if not, establishment decision or authorizing the establishment of the school shall be revoked.

4. Conditions to establish or permit the establishment for special schools shall be implemented in accordance with their own regulations on organization and operation.

Article 10. Competence to establish or permit the establishment and educational operation

1. The President of the People's Committees of districts, towns and provincial cities (hereinafter referred to as districts) shall decide to establish or permit the establishment of middle schools and combined secondary schools of which the highest level is middle school ; the President of the People’s Committee of central-affiliated cities and provinces (hereinafter referred to as provincial-level) shall decide to establish or permit the establishment of high schools and combined secondary schools of which the highest level is high school .

2. The Head of Division of Education and Training shall permit the educational operation for middle schools and combined secondary schools of which the highest level is middle school; The Director of Department of Education and Training shall permit the educational operation for high schools and combined secondary schools of which the highest level is high school is high school .

Article 11. Application and procedures for establishment or authorizing establishment and educational operation for secondary and high schools

1. An application for establishment or permission for establishment a secondary school (hereinafter referred to as application for school establishment) shall include:

a) An establishment project;

b) A report on the establishment project and the draft of operation regulation of the school;

c) A CV enclosed with copies of valid diplomas, certificates of the expected principals;

d) A written opinion of the relevant agencies about establishment or permission for the establishment of the school;

dd) An explanation report of accepting the opinions of the relevant agencies and an additional report under the guidance of the district-level People's Committee or provincial People's Committee (if any).

2. Procedures for establishment or authorizing to establish secondary schools:

a) The People's Committees of communes, wards and townships (hereinafter referred to as the communes) for middle schools and combined secondary schools of which the highest level is middle school ; the District-level People's Committees for high schools and combined secondary schools of which the highest level is high school ; organizations or individuals for private school shall make applications under the provisions of clause 1 of this Article;

b) Division of Education and Training (for middle schools and combined secondary schools of which the highest level is middle school), Department of Education and Training (for high schools and combined secondary schools of which the highest level is high school ) shall receive the applications, consider the conditions of establishment under the provisions of clause 1 of Article 9 of this charter. Within 20 working days after receiving the valid application, if it meets the prescribed conditions, the agency receiving the application shall have written suggestions and submit the application for school establishment to the People's Committee of the district (for middle schools and combined secondary schools of which the highest level is middle school) or the People's Committee of the province (for high schools and combined secondary schools of which the highest level is high school );

c) The People's Committees of the district or the People's Committee of the province shall receive, consider the conditions of establishment under the provisions of clause 1 of Article 9 of this charter within 20 working days after receiving a valid application, the People's Committee of the district shall issue an establishment decision or permit the establishment of middle schools and combined secondary schools of which the highest level is middle school; the People's Committee of the province shall issue an establishment decision or permit the establishment of high schools and combined secondary schools of which the highest level is high school. If competent agencies have not decided or permitted to establish, they shall notice in writing to the agencies receiving the application the reasons and solutions . .

3. An application for permission for education operation shall include:

a) A written request for permission for educational operation;

b) The decision to establish or permit the establishment of the school (hereinafter referred to as school establishment decision);

c) A written verification of the relevant agencies of the conditions specified in clause 2 of Article 9 of this charter.

4. The procedure authorizing education operation shall be as follows:

a) Public secondary schools, representatives of organizations or individuals of private secondary and high schools shall make application of authorizing educational operations as defined in clause 3 of this Article;

b) The Division of Education and Training (for middle schools and combined secondary schools of which the highest level is middle school), the Department of Education and Training (for high schools and combined secondary schools of which the highest level is high school ) shall receive the applications, consider the conditions of being permitted the establishment under the provisions of clause 2 of Article 9 of this charter. Within 20 working days after receiving a valid application, the Heads of Division of Education and Training ( for middle schools and combined secondary schools of which the highest level is middle school), the Director of Department of Education and Training ( or high schools and combined secondary schools of which the highest level is high school) shall issue a decision to permit the educational operations of the schools. If competent agencies have not decided to permit the educational operations, they shall notice in writing to the schools the reasons and solutions .

Article 12. Merger, division, separation secondary and high schools

1. The merger, division and separation of schools shall:

a) Conform to planning for education network and meet the requirements of socio-economic development;

b) Ensure the rights of administrative officers, teachers and staff;

c) Ensure the safety and rights of students, contributing to improving the quality and effectiveness of education.

2. The authorities with competence in deciding the establishment or authorizing the establishment shall have competence in deciding to merge, device, separate the school. The higher competent authorities shall decide the merger in case of a merger of the schools established by competent authorities at different levels; if the schools are established by competent authorities at the same level, the competent authorities at the same levels shall agree the decision.

3. Necessary documents and procedures for merger, division and separation of schools to establish or permit the establishment of new schools shall comply with the provisions of Article 11 of this charter.

Article 13. Suspension of secondary school’s education operation

1. Education operation of secondary school shall be suspended in one of the following cases:

a) Fraud acts are committed to get authorization in educational operation;

b) One of the conditions specified in clause 2 of Article 9 of this charter is not satisfied;

c) Education operation is permitted ultra vires

d) The educational operation is not deployed within 01 year after being permitted ;

dd) Violations against provisions of the law on education which result in the school suspension are committed ;

e) Serious violations against provisions of the objectives, plans, education quality, professional regulations, examination regulations are committed;

f) Other violations as prescribed by law are committed.

2. Competent persons in authorizing the education operation shall have competence in decision to suspend educational operation of the school. The decision to suspend the education operation of the school must be specified the reasons for the suspension, the suspension duration; measures to ensure the rights of teachers, staff, students and employees in the school. The decision to suspend the education operation of the school must be publicized in the means of mass media .

3. The procedures for suspension of education operation of secondary schools :

a) When the school violated the provisions in clause 1 of this Article, the Division of education and training (for middle schools and combined secondary schools of which the highest level is middle school), the Department of Education and Training (for high schools and combined secondary schools of which the highest level is high school) shall inspect and evaluate the seriousness of the violations  

b) The Head of Division of Education and Training (for schools decided to establish by the People's Committee of the province), the Director of Department of Education and Training (for schools decided to establish by the People's Committee of the province) based on the seriousness of the violations shall issue the decision to suspend the education operation of the school and report to the agencies with competence in deciding to establish or authorizing the establishment of the school.

c) After the suspension duration, if the cause of the suspension is remedied and suspended unit has an application of restoring the education operation (implemented in accordance with clause 3 of Article 11 of this charter), the competent persons deciding to suspend shall issue the decision to permit the school to restore its education operation. In case of not authorizing to restore the educational operation, the competent persons deciding to suspend the education operation shall notify in writing to the schools the reasons and solutions.

4. Documents about suspension of educational operation shall include:

a) The decision to establish an inspectorate ;

b) Inspection record

c) The decision to suspend educational operation.

Article 14. Dissolution of schools

1. A school shall be dissolved in one of the following cases:

a) The provisions on management, organization and operation of the school are seriously violated .

b) The causes of suspension are not remedied upon the expiration of the suspension period

c) Operation objectives and contents in decision to establish or permit the establishment shall be no longer conformable with the demands of socio-economic development in the locality;

d) Organizations and individuals establishing the school propose to dissolve

2. The authorities with competence in decision to establish or permit the establishment shall have competence in decision to dissolve the school.

3. The Division of Education and Training (for schools decided to establish by the People's Committee of the district); The Department of Education and Training (for schools decided to establish by the People's Committee of the province); organizations and individuals establishing the schools (for private schools) shall develop plans to dissolve the school, and request the competent agencies for decision to dissolve the schools. The decision to dissolve the school must specify the reasons for dissolution; measures to ensure the rights of teachers, staff and students. The decision to dissolve the school must be publicized in the means of mass media .

4. The procedures for dissolution of schools:

a) The Division of Education and Training (for middle schools and combined secondary schools of which the highest level is middle school), the Department of Education and Training (for high schools and combined secondary schools of which the highest level is high school ) shall inspect and evaluate the seriousness of violations as defined in points a, b and c, Clause 1 of this Article, or consider the proposal of organizations and individuals establishing the schools; report in writing to request the competent agencies establishing or authorizing to establish the school to issue the decision to dissolve the schools  

 b) The competent agencies in establishing or authorizing the establishment of the schools shall issue a decision to dissolve the school within 20 working days after receiving valid applications

5. Dissolution documents of schools:

a) If the school is dissolved under point a, Clause 1 of this Article, the documents shall include:

- A request for permission of dissolution of the organization, individual or evidences of violations of point a, clause 1 of this Article;

- A decision to establish the inspectorate;

- An inspection record

- A request for dissolution of Division of Education and Training room (for middle schools and multi-level schools of which the highest level is middle school) Department of Education and Training (for high schools and combined secondary schools of which the highest level is high school ).

b) If the school are dissolved under points b, c, Clause 1 of this Article, the documents shall include:

- A suspension document of education operation;

- Documents of the failure to remedy the causes of suspension of educational operation;

- A request for dissolution of the Division of Education and Training (for middle schools and combined secondary schools of which the highest level is middle school), the Department of Education and Training (for high schools and combined secondary schools of which the highest level is high school ).

Article 15. Student teams and classes

1. Classes

a) Students shall be organized in classes. Each class shall have a class monitor, 1 or 2 vice-monitors elected by the class at the beginning of each school year;

b) Each class in middle and high school shall have no more than 45 students;

c) The number of students in each class of special schools shall be defined in the regulations on organization and operation of such special schools.

2. Each class shall be divided into teams of students. Each team shall include no more than 12 students, with a team leaders, a deputy leader elected by members of the groups at the beginning of each school year.

Article 16. Professional Team

1. Principals and Deputy Principals, teachers and officials working in libraries, educational equipment, staff counseling for high school students shall be organized into professional teams by subjects, subject groups, or activity groups in each middle and high school level. Each professional team shall include a leader, 1 or 2 deputy leaders under the management and direction of the principal, appointed by the principal on the basis of introduction of professional teams and assigned the tasks at the beginning of the school year.

2. Professional teams shall have the following tasks:

a) Develop and implement the general operational plans of the team, guide the formulation and management of private plans of the team members according to teaching plans, curriculum and other educational operations of the school;

b) Foster professional knowledge; participate in the assessment and classification of members under the provisions of the Occupational Standard of secondary and high school’s teachers and other provisions;

c) Introduce leaders and deputy leaders;

d) Propose rewards and disciplines for teachers.

3. Professional teams shall have activities every two weeks and unexpectedly at the request of the tasks or the Principal .

Article 17. Office team

1. Each school shall have an office team, including officials working in clerical, accounting, cashier, medical tasks and other staff.

2. Office teams shall include leaders and deputy leaders, appointed and assigned the task by the principal and .

3. Office teams shall have activities every two weeks and unexpectedly at the request of the tasks or the Principal.  

Article 18. Principal and Vice Principal

1. Each school shall have one principal and a number of vice-principals. The term of office of the principal is five years. A principal shall not take more than two terms in a secondary or high school.

2. Principals, vice principals must have the following criteria:

a) Qualification and working time: A principal/vice principal shall meet the standard of qualifications of teachers under the provisions of the Law on Education for the level, must be qualified by training at the highest level for multi-level schools and has taught at least 5 years (or 4 years for mountain, island, mountainous , remote, ethnic minorities, facing extreme socio-economic difficulties areas at that level;

b) A principal must meet the criteria specified the middle school, high school and multi-level school principal standard. A vice principal must achieve a high level of occupational standards of corresponding level’s teachers and be qualified to undertake the tasks assigned by the Principal.

3. The competence in appointing or acknowledging the principal, vice principal of a school:

The Head of Division of Education and Training (for middle schools and combined secondary schools of which the highest level is middle school), the Director of Department of Education and Training (for high schools and combined secondary schools of which the highest level is high school ) shall appoint the principal, vice principal for public schools, and acknowledge the principal, vice-principal for private schools after implementing the process to appoint officials under the current regulations of the Government . If schools have had school board, process of appointment or acknowledge principals and vice principals shall be implemented on the basis of the recommendation of the school board

4. The persons with competence in appointing shall be entitled to re-appointment and dismissal of the Principal, Vice Principal of the school.

Article 19. Duties and authority of principal and vice principal

1. Duties and authority of the principal

a) Develop and organize the school apparatus;

b) Implement the resolutions of the School Board defined in Clause 3, Article 20 of this Charter;

c) Formulate the school development plan; set and organize the achievement of annual targets; report, evaluate the results in front of the school board and the competent agencies;

d) Establish the professional teams, office teams and in the advisory board of the school; appoint the team leader, vice leader; propose the members of the school board to competent authorities for decision;

dd) Manage the teachers and staff; professional knowledge; assign tasks, inspect, evaluate and rank teachers, staff; reward and discipline for teachers and staff; recruit teachers, staff; conclude labor contracts; receive and assign the teachers, staff as prescribed by the State;

e) Manage students and student activities organized by the school; approve the results of assessment and grading students, sign school reports, sign for completion of primary education for primary students (if any) of the combined secondary school and decision on student reward, discipline;

g) Manage finance and property of the school;

h) Implement the policy regulations of the State for teachers, staff, students; implement democratic regulations in the operation of the school; implement the socialization of school education;

i) Direct the implementation of the emulation movement, the campaign of the sector; publicize for the school;

k) Be trained to improve knowledge, be fostered professional knowledge, skill and enjoy the benefits in regulations and policies as prescribed by law.

2. Duties and authority of vice principals

a) Perform tasks assigned by the principal and take responsibility to the principal for fulfillment of such tasks;

a) Be responsible before superior officers for fulfillment of tasks assigned, along with the principal ;

c) Run the school when permitted by the principal,

d) Be trained to improve knowledge, be fostered professional knowledge, skill and enjoy the benefits in regulations and policies as prescribed by law.

Article 20. School board

1. School Board for public secondary schools, the Director Board for private secondary schools (hereinafter referred to as the Board) shall decide the operation direction of the school, mobilize and supervise the use of resources for the school, connect the school to the community and society, ensure the implementation of educational objectives.

2. Organizational structure of the public school board:

The school board shall include: representatives of the Communist Party of Vietnam organization, the school administrator board, representatives of trade unions, representatives of Communist Youth Union of Ho Chi Minh City (if any), representatives of the professional team, representatives of the office team.

The school board shall include : 1 president, 1 secretary and other members. The total number of members of the school board shall be from 9 to 13 people.

3. Duties and rights of public school board

a) Resolve the objectives, strategies, projects, plans and development directions of the school;

b) Resolve the regulation or amend and supplement the regulation on organization and operation of the school to request the competent authorities for approval;

c) Resolve the policies of use of the finance and property of the school;

d) Supervise the implementation of the resolutions of the school board, the implementation of democracy policy in the operation of the school; supervise the activities of the school.

4. Operations of the public secondary school board:

a) The school board shall meet regularly at least three times a year. In case of necessity, if the Principal or at least a third of the members of the Board proposes, the Chairperson of the Board shall be entitled to convene an irregular meeting to address the problems arising in the implementation process of duties and authority of the school. The Chairperson of the school board may invite representatives of the representative board of the student's parents, government representatives and local organizations to attend the meeting of the school Council if necessary.

b) The meeting of the Council shall be valid in the presence of three-fourths or more of the members of the Council (including the Chairperson). The resolution of the Council shall be approved by vote or written comments at the meeting and shall be only effective if at least two-thirds of the members present at the meeting agrees. The resolution of the Council shall be publicized.

c) The school principal shall implement the resolutions of the Council with the contents provided in clause 3 of this Article. If the Principal does not agree with the resolutions of the Board, he/she shall promptly report the education management agency at direct superior level of the school. Pending the opinion of the competent authorities, the principal must still comply with the resolutions of the Council on contents which are not contrary to current laws and this Charter.

5. Procedures for establishment of public school board:

Based on the organizational structure, responsibilities, powers and operation of the school board, the Principal shall collect the list of personnel proposed by teachers, school organizations and unions school, request in writing the Head of the Division of education and training (for middle schools and combined secondary schools of which the highest level is middle school), the Director of Department of education and training (for high schools and combined secondary schools of which the highest level is high school ), to issue the school establishment decision

The Chairperson of the school board shall be elected by members of the board; the secretary shall be appointed by the Chairperson of the Board. The term of the school board shall be 5 years. Every year, if there is an irregular change of personnel, the principal shall request in writing the competent persons to issue decision on supplement and consolidation the school board

6. Duties and powers, establishment procedures, organizational structure and operation of the school board of private schools shall comply with the Regulation on organization and operation of private primary schools, secondary schools, high school and combined secondary schools .

Article 21. Other boards in schools

1. The Board of emulation and commendation

Emulation and commendation board shall be established at the beginning of each school year to help principals organize the emulation movement, propose the lists of rewards for staff, teachers, students in the school. Emulation and commendation board shall be established and chaired by the principals. The members of the board shall include: Vice principal, Secretary of the committee of the Communist Party of Vietnam, Trade Union Chairman, Secretary of Communist Youth Union of Ho Chi Minh City (if any), the General in charge of Ho Chi Minh City Young Pioneers (if any), the heads of professional teams and office teams and the class teachers.

2. Discipline committee

a) The Discipline committee shall be established to consider imposing punishment on students on a case-by-case basis. The Discipline committee is established and chaired by the principal. The members of the board shall include: Vice President, Secretary of Communist Youth Union of Ho Chi Minh City (if any), the General in charge of Ho Chi Minh City Young Pioneers (if any), the head teachers of the disciplined students, some educational experienced teachers and the Chief representative of the student's parents;  

b) Discipline committee shall be established to consider and propose the disciplinary actions against officers, teachers and other employees in each case. The establishment, components and operation of the board shall be carried out in accordance with the law.

3. The principal may establish other advisory board at the specific request of each case. Tasks, components and operation time of the boards shall be defined by the principal.

Article 22. Organization of the Communist Party of Vietnam and the unions in schools

1. Organization of the Communist Party of Vietnam in schools shall direct and operate within the scope of the Constitution and the law.

2. Trade Union, Communist Youth Union of Ho Chi Minh City, Ho Chi Minh City Young Pioneers and other social organizations in the school shall operate in accordance with the law in order to assist the school to implement the objectives, education principles .

Article 23. Finance and property management.

The management of finance and property of the school shall comply with the provisions of the laws and the Ministry of Finance and Ministry of Education and Training; all members of the school shall have responsibilities for protecting the school property.

Chapter III

PROGRAMS AND EDUCATION OPERATIONS

Article 24. EDUCATION PROGRAMS

1. The secondary school shall implement the educational programs and teaching and learning plan promulgated by the Minister of Education and Training; implement the time plan of the school year under the guidance of the Ministry of Education and Training in accordance with the specific conditions of the locality.

2. Based on the educational program and the time plan of the school year, the school shall formulate the plans and schedules to for manage the education, teaching and learning operation.

4. The disabled students integrating in learning shall learn the learning and teaching plan designed in accordance with the ability of each individual and regulations on integrative education for the disabled.

Article 25. Textbooks, teacher books, workbooks, teaching aids and reference materials

1. Textbooks, teacher books, workbooks and teaching aids used in teaching and learning in the secondary school shall be defined by the Minister of Education and Training .

2. The school shall provide the reference materials used for teaching operation and research of teachers; encourage teachers to use reference materials to improve the quality of teaching. All organizations and individuals must not force students to purchase reference material.

Article 26. Educational operations

1. The educational operations shall include activities in class time and extracurricular activities to help students develop comprehensively their moral, intellect, physical condition, aesthetic, basic skills, individual capacity , dynamism and creativity, behavior and civic responsibility; prepare students for further education or employment .

2. The education operations in class time shall be carried out through teaching the compulsory and optional subjects in the curriculum of the school level promulgated by the Minister of Education and Training .

3. Education operations outside the class time shall include extracurricular activities in science, literature, art, sports, traffic safety, debauchery prevention , sex education, law education, career counseling education, life skill education to develop comprehensively and foster gifts; entertainment activities , tours, travel, cultural exchange, environmental education; charity activities and other social activities in accordance with physiological characteristics of students ages.

Article 27. System of documents of education operation

The system of documents of education operation shall include:

1. For the school:

a) Course registration books

b) Logbooks of transferred students;

c) Logbooks of the universalization of education

d) Name and score books

dd) Register books

e) Student reports

g) Management books of issue of diplomas and certificates

h) Resolution books of the school and resolutions of the school board

i) Emulation records;

k) Records of inspection and evaluation of teachers and staff;

l) Discipline records;

m) Management books and records of received and sent documents and official dispatch ;

n) Management books of property and educational equipment;

o) Financial management books;

p) Library management records;

q) Student health records;

r) Education records for disable students (if any).

2. For the professional team: Books of professional operation plan and content of professional meetings.

3. For the teacher:

a) Lesson Plans;

b) Book of teaching plans and professional activities, observations, class visits;

c) Personal mark-books;

d) Class teacher’s books (for class teachers )

Article 28. Assessment of student’s learning results

1. Students shall be examined, assessed their learning results, trained under the Regulation on assessment and grading of students of Ministry of Education and Training.

2. Giving exam questions must comply with the procedures in compiling and be based on the standards of knowledge and skills in the curriculum defined by the Ministry of Education and Training .

3. The assessment of students must meet the requirements of accuracy, comprehensiveness, fairness, objectivity, transparency and development of the capacity of student self-assessment; use of assessment to adjust teaching and learning activities. Results of assessment and grading students must be notified to the student family at least at the end of the semester and the end of the school year.

4. If primary students in combined secondary schools complete the elementary program and meet the conditions prescribed by Minister of Education and Training, the principal shall confirm their completion of elementary education.

5. Students who complete the middle school’s program and meet the conditions prescribed by Minister of Education and Training, shall be granted middle school diplomas by the Head of Division of education and training of districts.

6. Students who complete the high school program and meet the conditions prescribed by Minister of Education and Training, shall be granted high school diplomas by the Director of Department of education and training shall .

Article 29. Preservation and promotion of school traditions

1. High schools shall have tradition rooms to preserve documents and artifacts related to the establishment and development of the school to serve the traditional education for teachers, staff and students.

2. Each school may choose one day of a year as its traditional day .

3. School former students may form liaison bands to preserve and promote the fine traditions of the school and mobilize resources to assist schools in implementing the objectives and principles of education.

Chapter IV

TEACHERS

Article 30. School teachers

School teachers shall be in charge of teaching and educating in schools, including: principals, vice-principals, subject teachers, teachers working in Communist Youth Union of Ho Chi Minh City (Secretary, deputy secretary or youth assistant, Union consultant), teachers being the general in charge of young Pioneers of Ho Chi Minh City (for secondary schools with primary or middle levels), teachers consulting students.

Article 31. Duties of school teachers

1. Subjects teachers shall :

a) Teach and educate in accordance with the program, education plans, teaching plans of schools according to the working regulations of teachers defined by the Ministry of Education and Training ; manage students in the educational activities organized by the schools; participate in the activities of professional teams; be responsible for the quality and efficiency of education; participate in scientific research in applied pedagogical ;

b) Participate in the universalization of education at the locality;

c) Train the moral, study the culture, foster the professional to improve the quality and effectiveness of teaching and education; apply the teaching methods positively, proactiveness and creativity , train self-learning methods for students;

d) Implement the school charter; implement the decision of the Principal, accept to the inspection and assessment of principals and education management agencies;

dd) Conserve the quality, honor and prestige of a teacher, act as role models for students; love and respect students, treat students fairly, protect the legitimate rights and interests of students; unite and assist colleagues; create the democracy, friendly, cooperative, safe and healthy learning and working environments ;

e) Coordinate with the class teacher, other teachers, students' families, Communist Youth Union of Ho Chi Minh City, Young Pioneers of Ho Chi Minh City in teaching and educating students;  

g) Perform other tasks as prescribed by law.

2. Class teachers, in addition to the duties specified in clause 1 of this Article, shall :

a) Formulate plans of educational operations with clear objectives, content, education methods ensuring feasibility, accordance with the characteristics of students, the actual conditions and circumstances in order to promote the progress of the class and each student;

b) Implement educational activities planned ;

c) Cooperate closely with the student's family, with the subject teachers, Communist Youth Union of Ho Chi Minh City, Young Pioneers of Ho Chi Minh City, the social organizations involved in supporting, supervising the learning, training, career counseling of students in their own class and contribute to the mobilization of resources in the school development community;

d) Give remarks, assess and rate students at the end of semester and school year ; propose rewarding and disciplining students; propose lists of students passing the exam, retaking the exam, training more about conduct in the summer vacation or failing the exam; complete recording the mark-book and student report;

dd) Report regularly or irregularly on the class situation to the Principal.

3. Visiting teachers must also perform the tasks specified in clause 1 of this Article and the provisions of the contract .

4. Teachers working in Communist Youth Union of Ho Chi Minh City shall be high school teachers fostered the tasks of Communist Youth Union of Ho Chi Minh City and be responsible for organizing and managing the activities of the Trade Union organization in the school.

5. Teachers being general in charge of Young Pioneers of Ho Chi Minh City shall be secondary school teachers fostered the tasks of Young Pioneers of Ho Chi Minh City and be responsible for organizing and managing theYoung Pioneers of Ho Chi Minh City’s activities .

6. Teachers consulting students shall be teachers trained or fostered the consultant professional knowledge and be responsible for consulting student’s parents and students to help them overcome the difficulties in study and life.

Article 32. Rights of teachers

1. Teachers shall :

a) Be created good conditions to perform the tasks of teaching and educating students;

b) Enjoy all the physical, mental and health benefits under the policies prescribed for teachers;

c) Participate in the management of the school directly or through the organizations ;

d) Get the salary and allowances (if any) if appointed to take training courses to improve their professional knowledge according to current regulations ;

e) Take part in the training courses, seminars to improve their professional knowledge;

e) Sign visiting lecturer contract and do scientific research at schools and other educational institutions if implementing fully the tasks specified in Article 30 of this charter and with the consent of the Principal;

g) Be protected the dignity, honor and safety;

h) Enjoy other rights as prescribed by law

2. Class teachers, in addition to the rights prescribed in clause 1 of this Article, shall :

a) Attend the study periods, other educational activities of students in their own class;

b) Attend meetings of the commendation board and the discipline committee to solve the problems related to students of their own class;

c) Attend training courses, seminars on the class teacher’s tasks;

d) Be entitled to allow individual students to leave school not more than 3 consecutive days;

dd) Be reduced the weekly teaching hours as prescribed in class teacher's regulations.

3. Teachers working in Communist Youth Union of Ho Chi Minh City , general in charge of Young Pioneers of Ho Chi Minh City shall be entitled to enjoy policies under current regulations.

4. The principal may assign the teacher to work as a full-time or part-time consultant. The teacher consulting shall be arranged a separate office and entitled to enjoy the current policies.

Article 33. Qualification standard of teachers.

1. Qualification standard of teacher shall be defined as follows:

a) Have a two-year Teaching College Certificate;

b) Have a Junior Teaching College Diploma or Junior College Diploma plus a teaching certificate.

c) Have a bachelor degree in pedagogy or a bachelor degree plus a teaching certificate.

2. Teachers who are not qualified as specified in clause 1 of this Article shall be created conditions to study and foster their knowledge by schools and educational management agencies .

3. Teachers who are qualified with proficient teaching ability shall enjoy policies under the provisions of the State and be created conditions by schools and to promote their ability in teaching and education by the school, educational management agencies.

Article 34. Behaviors, languages and clothes of teachers

1. Behaviors, languages and clothes of teachers must be correct, educationally effective for students.

2. Teachers’ clothes must be tidy and suitable for pedagogical activities, as prescribed by the Government of clothes of State officials.

Article 35. Behaviors teachers must not have

Teachers must not have the following behaviors :

1. Offend the honor, dignity, assault bodies of students and colleagues.

2. Rig in inspection, examination and admissions; Rig in assessment of results of studying and training of students.

3. Distort educational contents; falsely teach knowledge contents which are inconsistent with education perspective, policies of the Party and State of Vietnam.

4. Force students to take extra classes to collect more money.

5. Smoke, drink alcohols or use other stimulant while participating in educational activities; Use mobile phone while teaching in the classroom.

6. Skip class or arbitrarily truncate education programs.

Article 36. Commendation and actions against violations

1. Teachers gaining achievements shall be rewarded and bestowed emulation titles and other honorable titles.

2. Teachers violating the provisions in this charter shall be handled as prescribed in law

Chapter V

STUDENTS

Article 37. Ages of secondary school students

1. Students in grade 6 shall be 11 years old. Students in grade 10 shall be 15 years old. For students skipping grades in primary or secondary schools or students begin to study primary or secondary school at ages older than those prescribed, such students in grade 6 and grade 10 shall be younger or older based on the age of the year they graduate from primary or secondary schools.

2. If students are ethnic minorities, disabilities, students with special difficulty circumstances, Vietnamese students coming back the country from foreign countries, they may start the grade 3 years older than those prescribed .

3. Students must not repeat the class over 02 times in a grade.

4. Students have good physical strength and early intellectual development may start the class earlier than the prescribed or skip the grade within the grade. The procedures for consideration of each specific case shall carried out as follows:

a) Student's parents or sponsors submit their applications to the school;

b) The principal shall form a survey and consultation board, including: representatives of the school administrators and the representative board of the parents; the teacher of the class the student is studying; the teacher of the class the student wants to study ; medical staff;

c) Based on the survey results of the consultant board, the Principal shall consider and make decision.

5. Middle school-aged and high school-aged children coming back Vietnam from foreign countries, children of foreigners working in Vietnam shall be entitled to study at middle or high schools , whether they are situated in the same administrative division or not, as long as the school is capable. The procedure shall be as follows:

a) The student's parents or sponsors submit an application to the school;

b) The principal shall test the student’s proficiency and place him/her in appropriate classes.

Article 38. Duties of students

1. Perform the duties of learning, training under the programs and education plans of the school.

2. Respect parents, teachers, officials and staff of the school and the elderly; unite and mutually assist in learning and training; implement the school charter and rules; comply with the laws of the State.

3. Take physical exercise and keep personal hygiene.

4. Participate in collective activities of the school, the class, the Young Pioneers of Ho Chi Minh City, Communist Youth Union of Ho Chi Minh City; help families and participate in social activities such as environmental protection, implement the regulations on order and safety of traffic

5. Preserve and maintain the property of the school and public places; contribute to formulate, preserve and promote the tradition of the school.

Article 39. Rights of Students

1. Enjoy equally the comprehensive education, be ensured the conditions of time, facilities, sanitation, safety to learn in class and self-study at home, be provided information about their learning, use the equipment, means to serve activities of learning, culture, sports of the school as prescribed.

2. Be respected and protected, be treated equally, democratically, be entitled to appeal to the school and the education management agencies against decisions for them; be entitled to transfer school if having a legitimate reason under the current regulations; be entitled to study earlier than the age, skip grade, study at the ages older than those specified in Article 37 of this charter.

3. Participate in activities to develop the aptitude for the subjects, sports, arts organized by the school if eligible; be educated the life skills.

4. Get a scholarship or other benefits under the provisions of the students being entitled to social policies, students having difficult lives and the students having special capacities.

5. Enjoy other rights as prescribed by law

Article 40. Behaviors, languages and clothes of students

1. Behaviors, languages and clothes of students must ensure the culture and be consistent with the ethics and lifestyles of high school age.

2. Students’ clothes must be tidy, clean, neat and suitable for ages and convenient for study and activities at the school.

Depending on the conditions of each school, the Principal may decide students to wear uniform as standards defined by the Ministry of Education and Training if the school and the representative board of the parents agree.

Article 41. Students must not:

1. Offend the honor, dignity, assault bodies of teachers, officials, staff of the school, other people and students.

2. Cheat in study, test, examination and enrollment.

3. Do not pay attention in class; use mobile phones or music players in class ; smoke, drink alcohols and use other stimulant while participating in educational activities.

4. Fight or disrupt the order and security in schools and public places.

Article 42. Commendation and discipline

1. Students with achievement in study and training shall be commendated by the school and the education management agencies in the following forms:

a) Commendation in front of the class and school;

b) Rewards for fair and good students;

c) Grant of certificates, certificates of merit, if gaining achievements in exams and competitions as prescribed by the Ministry of Education and Training;

d) Other forms of commendation.

2. Students who violate the regulations in the process of learning, training may be advised or handled discipline under the following forms:

a) Reprimand in front of the class and school;

b) Reprimand and notification to the family;

c) Warn to record in school reports;

d) Temporary suspension from school.

Chapter VI

SCHOOL PROPERTY

Article 43. The location and size of schools

1. Schools shall be located in a separate area and a conducive environment for education. Schools must have surrounding walls, gates and signs.

2. The total minimum using area of the schools must meet prescribed standards and meet the requirements of the educational operation organizations.

Article 44. The building blocks of the school

1. Classrooms, subject classrooms

a) Classrooms:

- There shall be enough classrooms to learn at most two spells in one day;

- Classrooms shall be built according to the prescribed standards;

- Classrooms shall be furnished with tables and chairs which are suitable with the stature of students, teachers' desks and chairs, boards and meet the light and airy requirements.

b) Subject classrooms: Implement under the Regulations of the standard of subject’s classrooms issued by the Minister of Education and Training .

2. The block serving the collective learning shall include versatile, libraries, operating room of Trade union – Youth union, traditional rooms.

3. Administration block :

Include the working offices of the Principal, Vice Principal, offices, meeting rooms, professional teams’ rooms, medical rooms, warehouses, standing rooms, rooms of Party organizations and unions ...

4. Playground area, training ground.

Include an area of at least equal to 25% of the total area of the school, playgrounds shall have flowers, shade trees and ensure the hygiene; Training ground shall have enough equipment to practice sports and ensure the safety.

5. Toilets and water supply and drainage system.

a) Toilets shall be arranged logically in each working and learning area for teachers and students, separately for men and women and have enough water, light, ensure the hygiene, not pollute the environment;

b) have clean water supply systems and drainage systems for all areas under the provisions of sanitation.

6. Parking area: shall be arranged logically in campus and ensure the safety, order and hygiene

7. Have information technology infrastructure system connected to internet to meet the required to meet the learning, teaching and management requirements.

Chapter VII

RELATIONS BETWEEN SCHOOL, FAMILY AND SOCIETY

Article 45. Duties of schools

Schools must actively regularly closely cooperate with the family and society to formulate a unified educational environment to implement the objectives and principles of education.

Article 46. Representative board of students' parents

1. Each class shall have a representative board of students' parents formed in each school year including members elected by the parents or guardians of students to coordinate with class teachers, subject teachers in educating students.

2. Each school shall have a representative board of students' parents formed in each school year including some members elected by representatives board of students' parents of each class to coordinate with the school in educational operations.

3. Duties and powers, organizations and operations of the representative board of students' parents of each class, each school shall comply with the Charter of the representative board of students' parents.

Article 47. Relations between school, family and society

The school shall cooperate with local authorities and unions, representative board of students' parents, socio-political organizations and involved individuals in order to:

1. Agree views, contents, education methods between schools, families and society to achieve the objectives of education.

2. Mobilize all forces and resources of the community to look after education, contribute to develop facilities and education equipment of the school ; formulate learning movement and a healthy and safe educational environment, prevent activities that adversely affect students; create conditions for students to be entertained and have cultural and sporty activities that suit their ages.