Thông tư 21/2018/TT-BGDĐT về Quy chế tổ chức và hoạt động của trung tâm ngoại ngữ, tin học do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành

CIRCULAR

PRESCRIBING THE REGULATION ON ORGANIZATION AND OPERATION OF FOREIGN LANGUAGE AND COMPUTER TRAINING CENTERS

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

Pursuant to the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006 detailing and guiding the implementation of a number of Articles of the Education Law; the Government’s Decree No. 31/2011/ND-CP dated May 11, 2011 amending a number of Articles of the Decree No. 75/2006/ND-CP; the Government’s Decree No. 07/2013/ND-CP dated January 09, 2013 amending the Decree No. 31/2011/ND-CP;

Pursuant to the Government’s Decree No. 69/2017/ND-CP dated May 25, 2017 on functions, tasks, powers and organizational structure of the Ministry of Education and Training;  

Pursuant to the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 prescribing regulatory requirements for recreational facility investment;

Pursuant to the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018 on foreign cooperation and investment in education;

At the request of the Director General of the Continuing Education Department;

The Minister of Education and Training promulgates a Circular prescribing the regulation on organization and operation of foreign language and computer training centers.

Article 1. Promulgated together with this Circular is the regulation on organization and operation of foreign language and computer training centers.

Article 2. This Circular supersedes the Circular No. 03/2011/TT-BGDDT dated January 28, 2011 by the Minister of Education and Training promulgating the regulation on organization and operation of foreign language and computer training centers, and takes effect from October 10, 2018.

Article 3. Head of Office of the Ministry of Education and Training, Director General of the Continuing Education Department, heads of relevant affiliates of the Ministry of Education, Chairpersons of People’s Committees of provinces and central-affiliated cities, heads of Departments of Education and Training, heads of foreign language and computer training centers and relevant organizations and individuals shall implement this Circular.

REGULATION

ON ORGANIZATION AND OPERATION OF FOREIGN LANGUAGE AND COMPUTER TRAINING CENTERS
(Enclosed with the Circular No. 21/2018/TT-BGDDT dated August 21, 2018 by the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This regulation provides for organization and operation of foreign language and computer training centers, including organizational structure; teaching operation; teachers and learners; finance and property; and inspection, rewards and penalties of foreign language and computer training centers.

2. This regulation is applicable to foreign language and computer training centers; foreign language training centers and computer training centers (hereinafter referred to as “foreign language and computer training centers” or “centers”) and relevant organizations and individuals.

Article 2. Legal status of foreign language and computer training centers

Foreign language and computer training centers are institutions of continuing education affiliated to the national educational system and consist of:

1. Public foreign language and computer training centers. These centers have their establishment invested in and operating conditions guaranteed by the State as prescribed by law, and possess legal status, separate seals and accounts.

2. Private foreign language and computer training centers. These centers have their establishment invested in and operating conditions guaranteed by domestic organizations/individuals as prescribed by law, and possess legal status, separate seals and accounts.

3. Foreign-invested foreign language and computer training centers. These centers have their establishment partially or completely invested in and operating conditions guaranteed by foreign business entities/individuals as prescribed by law, and have the right to use separate seals and accounts.

Article 3. Duties and powers of foreign language and computer training centers

A foreign language and computer training center has the following duties and powers:

1. Implementing foreign language and computer science training programs that meet learner’s needs.

2. Carrying out admission and learner management.

3. Compiling or selecting teaching materials that meet learning outcomes of training programs and suit learner’s characteristics.

4. Organizing examinations, assessment and issuance of confirmations of completion of a training program that it provides. Organizing examinations and issuance of foreign language/computer science certificates of the national educational system when it satisfies the conditions specified by the Ministry of Education and Training.

5. Performing relevant tasks such as translating, interpreting, programming and software setup.

6. Organizing training and refresher courses to improve the professional knowledge and qualifications of its officials and teachers.

7. Organizing research activities to improve itself and its education quality.

8. Publicly announcing its education quality assurance conditions.

9. Holding the power to determine the tuition of each learning course as appropriate to the training quality and publicly announcing such amounts.

10. Prescribing the regulations, functions and duties of their affiliates; managing and recruiting managers and teachers and encouraging their improvement towards the center’s development targets.

11. Managing its finance and property and being entitled to incentive policies as regulated by law.

12. Fulfilling other duties and exercising other powers as prescribed by law.

Article 4. Procedures for establishment, establishment permission, operation, merger, division, suspension and dissolution and Vietnamese names of foreign language and computer training centers

1. Procedures for establishment and permission for establishment of the centers; procedures for the centers to begin operating; and procedures for merger, division, suspension and dissolution of the centers are regulated by the Government.

2. Principles of naming a foreign language and computer training center in Vietnamese include:

a) “Trung tâm ngoại ngữ, tin học” + Proper name;

b) The proper name of a center shall not be identical to the proper name of an existing center nor contain words or symbols that violate national history, culture, ethics, and fine traditions and customs.

2. A foreign language and computer training center shall have a business name in Vietnamese and an international business name in English (or another common foreign language) with equivalent meaning.

3. The name of a foreign language and computer training center shall be included in its establishment decision, seal, signboard and transaction documents.

Chapter II

ORGANIZATIONAL STRUCTURE

Article 5. Organizational structure of foreign language and computer training centers

1. Director

2. Deputy directors (if any).

3. Specialized units.

4. Advisory councils (if any).

5. Organizations of the Communist Party (if any) and internal organizations.

Article 6. Director of a foreign language and computer training center

1. The director of a foreign language and computer training center shall directly manage the center and be answerable to the law and the supervisory authority for all activities of the center.

2. A person is eligible to become the director of a center when they satisfy all of the following requirements:

a) Possessing good records;

b) Possessing managerial capability;

c) Possessing a bachelor degree in a foreign language or a bachelor degree in any major and at least a level 3 certificate of language proficiency according to Vietnam's language proficiency framework or equivalent (for directors of foreign language training centers).

Possessing a bachelor degree in computer science or a bachelor degree in any major and a basic IT application certificate according to the IT skills standards or equivalent in compliance with existing regulations of the Ministry of Education and Training and Ministry of Information and Communications (for directors of computer training centers).

Directors of foreign language and computer training centers shall satisfy either of the abovementioned requirements.

d) Possessing experience in education and training.

3. Directors of the centers are appointed by the authorities with competence in center establishment. The authorities with competence in granting permission for center establishment shall decide to recognize directors of private centers and foreign-invested centers. The tenure of a director of a foreign language and computer training center is 05 years.

Article 7. Duties and powers of director of a foreign language and computer training center

1. Formulating plans, organizing the fulfillment of the center’s duties, and supervising and evaluating such fulfillment.

2. Establishing specialized units and advisory councils and appointing the heads of such bodies according to the center’s regulations.

3. Managing teachers, officials, staff and learners of the center according to the regulations herein and relevant regulations of the law.

4. Deciding or proposing reward and penalty for managers, teachers, staff and learners within their competence.

5. Managing finance and property of the center according to regulations of the center establishment authority and regulations of the law.

6. Granting confirmations of completion of a foreign language/computer training program provided by the center and certificates of completion of a foreign language/computer training program when the center satisfies the conditions for exam organization and issuance of foreign language/computer science certificates specified by the Ministry of Education and Training.

7. Organizing selection or development, compilation, appraisal and promulgation of teaching programs and materials in a manner that meets learner’s needs.

8. Holding the right to attend classes to improve their professional knowledge and qualifications and being entitled to other regimes as prescribed by law.

Article 8. Deputy director of a foreign language and computer training center (if any)

1. The deputy director of a center shall assist the director in managing activities of the center; and possess good records, managerial capability, a bachelor degree in a foreign language, computer science or any major and a foreign language or computer science certificate.

2. The director shall request the authority with competence in center establishment to appoint the deputy director. The authority with competence in granting permission for center establishment shall decide to recognize the deputy director of a private center or foreign-invested center.

3. The tenure of the deputy director shall be the same as that of the director of the center.

Article 9. Duties and powers of deputy director of a foreign language and computer training center

1. The deputy director shall assist the director with managing activities of the center as assigned or authorized; take charge of some operations and perform the tasks assigned by the director.

2. The deputy director is answerable to the director and the law for the assigned tasks.

Article 10. Specialized units

1. Depending on the training scale and programs, the director of the center shall decide to establish specialized units affiliated to the center.

2. The director shall specify the tasks of each specialized unit.

Article 11. Advisory councils (if any)

Advisory councils shall be established per the decision of the director of the center. The director shall decide functions, duties, powers, operating time, quantity and organizational structure of advisory councils or propose such matters to the authority with competence in center establishment.

Article 12. Organizations of the Communist Party (if any) and internal organizations

1. Establishment and operation of organizations of the Communist Party of Vietnam in the centers shall comply with the Charter of the Communist Party of Vietnam, the Constitution and the law.

2. Establishment and operation of internal organizations in the centers shall comply with their respective Choruses and the law, and such organizations shall contribute to the fulfillment of their center’s duties.

Chapter III

OPERATION OF FOREIGN LANGUAGE AND COMPUTER TRAINING CENTERS

Article 13. Teaching programs and materials

1. Foreign language and computer training centers shall employ the programs promulgated by the Ministry of Education and Training; or compile or select programs and materials of higher education institutions, colleges and domestic and international educational organizations that meet learner’s needs and each center’s capacity.

2. The director of a foreign language and computer training center shall be answerable to the law and education authorities for contents of the teaching programs and materials of their center; and hold responsibilities for reporting the current teaching programs and materials to the head of the higher education institution or pedagogical college (if the center is an affiliate of such institution/college) or the head of the Department of Education and Training of the province where the center is located (for centers not affiliated to a higher education institution/pedagogical college).

Article 14. Admission

1. Annually, foreign language and computer training centers shall formulate their admission plans and announce the information on their training courses, including teaching programs and materials, learning outcomes, facilities, teachers, assessment methods, learning result confirmation, starting date, tuition and other necessary information.   

2. Regarding the admission plan for a foreign language or computer training course specifically designed per learner's request, the center shall finalize the information on such course with the learner(s) and announce such information before the starting date of the course.

Article 15. Teaching activities

1. Teaching activities shall be flexibly organized in the form of classroom teaching or online teaching or a combination of both forms.

2. Learners shall be organized into classes for learning and management. Each class shall have an official or a teacher in charge of supervision and management.

Article 16. Examination, testing and assessment

1. For foreign language and computer training programs whose outcomes are certificates of the national educational system, the centers shall organize examinations and issuance of such certificates when they satisfy the conditions for organization of examinations and issuance of foreign language and computer science certificates specified by the Ministry of Education and Training.

2. For other foreign language and computer training programs, the centers shall organize examinations, assessment and issuance of confirmations of completion.

Article 17. Joint training and international cooperation

1. A foreign language and computer training center may carry out joint training in foreign languages with local licensed educational institutions on the basis of learner’s needs and facilities and capacity of the centers. Joint training shall be conducted under a contract between two parties. Such contract must include teaching contents, funding, teachers, learning forms and locations and responsibilities of each party. After the contract is concluded, the center shall inform its supervisory authority and the Department of Education and Training of the province where the center is located. 

2. A foreign language and computer training center may carry out international cooperation activities for the purposes of developing its programs and personnel in the integration direction and improving its training quality. International cooperation activities must be appropriate to the center’s facilities and capacity and comply with applicable regulations.

Chapter IV

TEACHERS AND LEARNERS OF FOREIGN LANGUAGE AND COMPUTER TRAINING CENTERS

Article 18. Position and standards of teachers

1. Teachers of foreign language and computer training centers are responsible for teaching and giving instructions on practice, and comprise tenured teachers, contract teachers, teachers being Vietnamese, teachers being native speakers (for each specific language) and foreigners.

2. A Vietnamese person is eligible for teaching computer science when they meet one of the following requirements:

a) Possessing at least a pedagogical college degree in computer science;

b) Possessing at least a college degree in computer science and a certificate in pedagogy.

3. A Vietnamese person is eligible for teaching a foreign language when they meet one of the following requirements:

a) Possessing at least a pedagogical college degree in the foreign language;

b) Possessing at least a college degree in the foreign language and a certificate in pedagogy.

4. A foreigner is eligible for teaching computer science when they possess at least a college degree in computer science and a suitable computer science teaching certificate.

5. A foreigner is eligible for teaching their native language when they possess at least a college degree and a suitable foreign language teaching certificate.

6. A foreigner is eligible for teaching a foreign language when they meet one of the following requirements:

a) Possessing at least a pedagogical college degree in the foreign language;

b) Possessing at least a college degree in the foreign language and a suitable foreign language teaching certificate;

c) Possessing at least a college degree, at least a level 5 certificate of language proficiency according to Vietnam's language proficiency framework or equivalent and a suitable foreign language teaching certificate.

Article 19. Duties and powers of teachers

1. Teachers shall teach according to the defined education programs, targets, contents and teaching plans; keep to the teaching schedule; manage learners during activities organized by their centers; and participate in their center’s specialized activities.

2. Teachers shall comply with the director’s decisions; be available for inspection from the director and education authorities as prescribed by law; and act in accordance with the regulations of their centers and regulations herein.

3. Teachers shall conform to the regulations on teacher’s ethical standards stipulated by the Ministry of Education and Training.

4. Teachers hold the right to attend specialized training and refresher courses to improve their capacity; and are entitled to all rights concerning their material and spiritual needs and healthcare according to regimes and policies for teachers. They shall proactively improve their professional knowledge and qualifications.

5. Teachers shall receive support from their centers for performing their tasks and participating in management of their centers; may join meetings on reward consideration, penalty imposition and handling of matters related to learners of their assigned classes.

Article 20. Duties and powers of learners

1. Learners of foreign language and computer training centers are those enrolling in courses of such centers.

2. Learners shall:

a) Fulfill all learning and practice requirements specified by their centers; respect the teachers, managers, officials and staff of their centers; 

b) Fully comply with their center’s regulations and the regulations herein, preserve and protect their center’s property;

c) Exhibit actions and language appropriate to moral and cultural norms; dress smartly and in a manner that suits their ages and convenient for learning and participating in activities in the centers.  

3. Learners hold the rights to:

a) Be treated with respect and equality by the centers; and be provided with full information on their learning;

b) Choose learning programs, forms and locations according to the capacity of themselves and of their centers; be assisted with transferring to another learning program, form or location at their wish and be able to enroll in the new location;

c) Protect their legitimate interest directly or via legal representatives and give feedbacks on teaching contents and/or methods as well as other activities of the centers;

d) Sit examinations and tests and undergo assessment to obtain a certificate of the national educational system or a confirmation of completion of a training program provided by the centers.

Chapter V

FINANCE AND PROPERTY

Article 21. Property and management and use of property

1. Property of foreign language and computer training centers include land and construction works; equipment and property whose management and use are authorized by the State (for public centers), equipment and property acquired from contributions by individuals and groups upon establishment (for private and foreign-invested centers) or gifted/sponsored equipment and property; and property obtained from operation of the centers. The centers shall manage and use their property according to regulations of the law.

2. All members of foreign language and computer training centers shall preserve and protect the property of their centers. Annually, the centers must carry out stocktaking, re-determine the value of their property and submit according to regulations of the law.

Article 22. Financial sources and management and use of finance

1. The centers are funded by:

a)  The state budget or capital contribution of organizations and individuals;

b) Loans taken out according to laws on loans;

c) Investment amounts, gifting amounts, grants and sponsorships as regulated by the law;

d) Tuition from learners as prescribed by law;

dd) Other legal funding sources (if any).

2. Foreign language and computer training centers shall manage and allocate their finance, fully comply with regimes of finance, accounting, audit, tax, periodical reporting and financial transparency as prescribed by law. 

3. Private and foreign-invested foreign language and computer training centers have the power to exercise financial autonomy, balance revenue and expenditure and carry out financial activities on a voluntary basis and in compliance with applicable regulations.

Chapter VI

INSPECTION, REWARDS AND PENALTIES

Article 23. Inspection

1. Foreign language and computer training centers shall formulate a system of conditions for internal quality assurance, and perform periodical self-inspection and self-assessment of their organization and operation according to applicable regulations.

2. Foreign language and computer training centers shall undergo inspection from competent authorities to ensure the committed education quality and conditions. Results of inspection of organization and operation of foreign language and computer training centers must be publicly announced for learners and the society to jointly supervise.

Article 24. Rewards

1. Any foreign language and computer training center or one of its affiliates that has effectively implemented this regulation and made many contributions to the development and improvement of foreign language teaching and computer training is entitled to a reward as prescribed by law.

2. Any teacher, official or staff of a foreign language and computer training center who has accomplished an achievement is entitled to a reward, an emulation title or other titles as prescribed by law.

3. Any learner of a foreign language and computer training center who has accomplished a learning or training achievement is entitled to a reward from the center and supervisory authorities as prescribed by law.

Article 25. Penalties

Teachers, officials, staff and learners of foreign language and computer training centers who jointly or individually violate(s) this regulation shall be disciplined or face an administrative penalty or criminal prosecution depending on the nature and severity of the violation, and compensate for any damage as prescribed by law.

Chapter VII

IMPLEMENTATION

Article 26. Responsibilities of provincial People’s Committees

1. Directing Departments of Education and Training to take charge and cooperate with relevant regulatory bodies in providing guidance on and inspecting the organization and operation of foreign language and computer training centers in their provinces.

2. Directing district-level People’s Committees to cooperate with Departments of Education and Training in providing guidance on and inspecting the organization and operation of foreign language and computer training centers in districts.

Article 27. Responsibilities of Departments of Education and Training

1. Managing and directing operation of foreign language and computer training centers in their provinces.

2. Taking charge and cooperating with relevant regulatory bodies in inspecting the operation of foreign language and computer training centers in their provinces; promptly correcting and handling violations.

3. Announcing list of foreign language and computer training centers in their provinces and quality commitments, quality assurance conditions, date of establishment and listened locations of foreign language and computer training centers on their web portals for learners and the society to jointly supervise.

4. Submitting semiannual and annual compiled reports on operation of foreign language and computer training centers in their provinces to provincial People's Committees and the Ministry of Education and Training.

5. Directing Bureaus of Education and Training to manage and inspect the operation of foreign language and computer training centers in their provinces.

Article 28. Responsibilities of institutions of higher education and pedagogical colleges establishing foreign language and computer training centers

1. Managing the organization and operation of the foreign language and computer training centers that they established.

2. Cooperating with relevant Departments of Education and Training in inspecting the operation of the foreign language and computer training centers that they established; promptly correcting and handling violations.

3. Announcing list of their foreign language and computer training centers and quality commitments, quality assurance conditions, date of establishment and licensed locations of such centers on their web portals for learners and the society to jointly supervise.

4. Submitting semiannual and annual compiled reports on operation of the foreign language and computer training centers that they established to Departments of Education and Training.

Article 29. Responsibilities of organizations and individuals investing in establishment of foreign language and computer training centers

1. Strictly complying with regulations of the law related to organization and operation of foreign language and computer training centers; and operating under the management of education authorities.

2. Being answerable for the organization and operation of the foreign language and computer training centers that they established; resolving issues related to personnel and learners; and handling property, finance and facilities of the centers under their management.

Article 30. Responsibilities of foreign language and computer training centers

1. Strictly complying with the regulations herein and other relevant regulations of the law.

2. Publicly announcing their education quality commitments and actual education quality, education quality assurance conditions, and revenue and expenditure and holding responsibilities for explaining such matters according to applicable regulations.

3. Retaining documents according to regulations on retention.

4. Annually and semiannually submitting preliminary and summary reports on their operation to supervisory authorities./.