Thông tư 35/2021/TT-BGDĐT quy định về việc biên soạn, lựa chọn, thẩm định, duyệt và sử dụng tài liệu giảng dạy, giáo trình giáo dục đại học do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành

CIRCULAR

ON COMPILATION, SELECTION, APPRAISAL, APPROVAL, AND USE OF TEACHING MATERIALS, TEXTBOOKS FOR HIGHER EDUCATION

Pursuant to the Law on Education dated June 14, 2019;

Pursuant to the Law on Higher Education dated June 18, 2012; the Law on Amendments to a number of articles of the Law on Education dated November 19, 2018;

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

Pursuant to Decree No. 99/2019/ND-CP dated December 30, 2019 of the Government on elaborating and providing guidelines for a number of articles of the Law on Amendments to a number of articles of the Law on Higher Education;

At the request of the Director of the Department of Higher Education;

The Minister of Education and Training promulgates the Circular on compilation, selection, appraisal, approval, and use of teaching materials, textbooks for higher education.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides for the compilation, selection, appraisal, approval, and use of teaching materials, textbooks for higher education.

2. This Circular applies to higher education institutions, other institutions that are permitted to train higher-education levels; academies, academies founded by the Prime Minister in accordance with the Law on Science and Technology which are permitted to train doctoral levels (hereinafter referred to as “training institutions”), and related organizations, individuals.

3. The Ministry of Education and Training shall organize the compilation of the general textbooks for subjects of political theory and defense - security for higher education institutions.

Article 2. Interpretation of terms

For the purpose of this Circular, the following terms shall be construed as follows:

1. Teaching materials include textbooks, lectures of lecturers, and reference materials

2. Textbook means the main material for teaching, learning, researching of a course, compiled, selected, appraised, approved, and used by a training institution in accordance with regulations of this Circular and other relevant laws.

3. Lecture means the material compiled by a lecturer for teaching for an assigned course, based on the detailed syllabus, official textbooks, output standards of the course, and training programs.

4. Reference material means reference books, monographs, translation books, manuals, exercise books, and other materials that have been published; articles, scientific works, and materials announced domestically and internationally, also including digital materials used by lecturers and students during their process of teaching, learning, or scientific researching; materials that help lecturers and students learn and improve their knowledge or learn about each section or the entire course in the training program.

Article 3. General requirements 

1. The compilation, selection, appraisal, approval, and use of teaching materials, textbooks for higher education shall comply with regulations of the Law on Intellectual Property, Publishing Law, and other relevant laws.

2. Teaching materials are published for lecturers and students to use in teaching, learning, and researching a course of the training program in a training institution. Such materials shall not have names that cause confusion in their uses.

Article 4. Textbook requirements

1. A textbook is the main teaching material of lecturers and students of a training institution in teaching, learning, and researching a course in the training program. Such textbooks shall be published in writing with names that do not cause confusion for the general textbooks in training institutions.

2. A textbook shall concretize the requirements for knowledge, skills, and attitudes prescribed in each course of the training program, field, and level; satisfy the requirements for the innovation of teaching method, examination, evaluation of learning outcomes, and training quality assurance.

3. The content of a textbook shall be consistent with the target and content of the training program, ensuring the standard of knowledge, skills and satisfying the output standard of the course.

4. The knowledge in a textbook shall be presented in a manner of science and logic, ensuring the balance between the theory and practice; be appropriate with the reality; be updated with new knowledge in terms of science, technology, and socio-economic development that is certified and approved.

5. The content cited from reference materials for the compilation of textbooks shall have its origins and notes specified. Such content shall be consistent and meet the requirements for the targets of textbooks, ensuring compliance with regulations of relevant laws.

6. The language used to compile the textbooks is Vietnamese or a foreign language. Such a language shall be consistent with the teaching language of the course.  

7. A training institution shall stipulate the content, structure, form, and specific requirements for its textbooks, ensuring the uniformity and consistency in accordance with regulations of relevant laws.

Article 5. Lecture requirements

1. A lecture shall have content that is appropriate and consistent with the content prescribed in the detailed syllabus of the course and the official textbook, satisfying the output standard of the course and requirements of the training program.   

2. A lecture shall have specific content, lists of references, examples, learning questions, discussion orientations, and practical exercises; be regularly updated with new knowledge to ensure it is more scientific, modern, and highly practical, satisfying the training requirements. Lecturers shall compile their lectures in the teaching language of the course and take responsibility for the professional content of the lectures.

3. A training institution shall stipulate the content, form, and specific requirements for lectures of each course of the training program, field, and level; stipulate the entitlements and responsibilities of its own and its lecturers, ensuring the uniformity and consistency in accordance with regulations of relevant laws.

Article 6. Reference requirements

1. Reference materials shall specify full names of the authors, publishers, publishing years, specific origin notes, and content consistent with the training field and program; and be regularly supplemented with new materials, helping lecturers and students learn and improve their knowledge or learn about each section or the entire related courses in the training program.

2. The language of the reference materials shall be suitable for lecturers and students to conveniently use in teaching, learning, and researching.

3. A training institution shall stipulate the specific requirements for reference materials of each course of the training program, field, and level, ensuring uniformity and consistency in accordance with regulations of relevant laws.

Article 7. Use of textbooks and materials for teaching

1. With regard to published textbooks, training institutions may provide, distribute, gift, lease, trade, lend, use them as general textbooks, or contribute them to open educational resources in order to bring published products to users. Such processes shall comply with regulations of relevant laws.

2. Approved textbooks of training institutions shall be used as the main materials for lecturers and students in teaching, learning, and researching the courses. A textbook may be used for many courses with suitable or similar content.

3. With regard to higher education training, training institutions shall ensure each course has at least one textbook used as the main material for lecturers and students to use in teaching, learning, researching the course. The content of such a textbook shall satisfy at least 70% of the knowledge content of the course. 

4. With regard to master’s degree training, training institutions shall have textbooks as the main materials for lecturers and students to use in teaching, learning, and researching each course of the training program; If a course does not have its textbooks, training institutions shall have teaching materials used as replacements for the textbooks. The content of such replacements shall satisfy at least 70% of the knowledge content of the course.

5. With regard to doctoral education training, training institutions shall have textbooks or materials (as replacements for textbooks) for students and lecturers to use in teaching, learning, and researching of each content or major of the training program. Such textbooks or materials shall include announced monographs, scientific works related to the content, major of teaching, learning, and researching of lecturers and students, satisfying the requirements of the training program; ensuring conformity with the target and content of the training program, knowledge standard, skills; and ensuring the output standard of the training program.

6. Textbooks used in training institutions shall be compiled, selected, appraised, and approved in accordance with this Circular and other relevant laws. Materials (as replacements for textbooks) for teaching, learning, and researching for lecturers and students used in training institutions shall be approved in accordance with regulations of the department of training, ensuring conformity with regulations of relevant laws.

7. Training institutions shall rely on their target, teaching content, output standard of the training program, and field of teaching to disclose their textbooks, materials for teaching, learning, researching for each content, major, and course in the training program, arranged in order of preference in use.

8. A training institution shall stipulate the entitlements and responsibilities of its affiliates, lecturers, and students in using textbooks and materials for the teaching of each content, major, course of the training program, field, and level.

Article 8. Use of lectures and reference materials

1. Lectures of lecturers shall be provided for students before, during, or after teaching hours in order to serve their purposes of learning and researching.  Directors or principals of training institutions (hereinafter referred to as “principals of training institutions”) shall stipulate the content, form of lectures, and provision of lectures for students.

2. Reference materials shall be made public on their names, publishing years, places of publication, or addresses to access data sources on the internet; be regularly updated with new materials for lecturers and students to know and use in their process of teaching, learning. Such materials shall be easily and conveniently accessed and used by lecturers and students.

3. Training institutions shall specifically stipulate the process of incorporating lectures, reference materials into teaching and learning; stipulate the use, supervision, entitlements, responsibilities of lecturers, students, and related parties in providing and approaching lectures compiled by lecturers, reference materials for each course of the training program, field, and level; stipulate the publicity and degree of publicity of lectures of lecturers.

Article 9. Cost of compilation, selection, appraisal, approval, and use of teaching materials, textbooks

1. Training institutions shall be responsible for allocating legal sources of income, sponsorship, and aid to pay the cost of the organization of compilation, selection, appraisal, approval, and use of teaching materials and textbooks.

2. Specific expenditures and expenditure rates for organizing the compilation, selection, appraisal, approval, and use of teaching materials, textbooks shall be in accordance with regulations of the current law and specified in the regulations of training institutions.

Chapter II

COMPILATION AND APPRAISAL OF TEXTBOOKS

Article 10. Determination of textbooks for compilation and selection

1. Principals of training institutions shall determine the list of textbooks that is necessary to use as official materials of their training institutions for teaching, learning, and researching for each course of the training program, field, and level. Such a list includes existing textbooks or textbooks that need to be additionally compiled and selected suitable for the demand of training institutions; and disclose those textbooks that will be compiled and selected.

2. Training institutions shall specifically stipulate the requirement and process of determining necessary textbooks, textbooks that will be compiled or selected; develop plans for compilation and selection suitable for the demand of training institutions.

Article 11. Compilation of textbooks

1. Principals of training institutions shall organize the compilation of necessary textbooks in accordance with regulations prescribed in Article 10 of this Circular in the forms of tasks assignment, ordering, or bidding for units, individuals inside and outside their institutions, ensuring compliance with regulations of the department of training and regulations of relevant laws.

2. The lead author or co-author, compiler shall compile textbooks according to its detailed outline and be responsible for the specialization of the textbooks and responsible for answering upon request by the training institution or competent state agencies.

3. The compiled textbooks shall satisfy the requirements in accordance with regulations prescribed in Article 3, Article 4 of this Circular and other requirements in accordance with regulations of the training institution.

4. Training institutions shall stipulate the requirement, standard, criteria of compiled textbooks and the process of compiling them; stipulate the standard, composition, and number of members participating in the compiling process; stipulate the entitlements and responsibilities of their own, authors, compilers, lead authors or co-authors, and related parties engaged in their compilation of textbooks.

Article 12. Appraisal and publication of textbooks

1. Principals of training institutions shall establish their appraisal boards to appraise the drafts of compiled textbooks in accordance with regulations prescribed in Article 11 of this Circular.

2. Members of the appraisal board are scientists inside or outside the training institution who have high qualifications suitable for the content of textbooks; have reputations and teaching experiences; have doctoral degrees or the title of associate professor in appraising master textbooks and doctoral textbooks. Members who have participated in compiling the textbooks shall not participate in the appraisal of those textbooks.

3. The appraisal board shall appraise the drafts of textbooks in accordance with regulations of the training institution and other regulations of relevant laws. During the process of appraising, the appraisal board may invite delegates who are not its members to attend appraisal meetings if necessary. Opinions of members outside the appraisal board are only for references, these members shall not participate in voting or deciding issues within the function of the appraisal board.

4. The appraisal board shall evaluate and conclude specific levels of meeting the requirements in accordance with regulations prescribed in Article 3 and Article 4 of this Circular and other requirements in accordance with regulations of the training institution. Such levels shall be concretized as requirements for appraised textbooks. The board shall propose the principal of the training institution for publication of the appraised textbooks. The appraisal board shall be responsible for the specialization of the textbooks and responsible for answering upon request by the training institution or competent state agencies.

5. The principal of the training institution shall rely on the appraisal result and proposal of the appraisal board in accordance with regulations prescribed in Clause 4 of this Article to complete the drafts of textbooks and organize their publication for teaching, learning, and researching course in the training program of the institution.

6. Training institutions shall stipulate the specific structure, composition, and standard of members who participate in appraisal boards including people outside their institutions; stipulate the organization, operation, appraisal process, work rules, appraisal result, responsibilities, and entitlements of appraisal boards, their members, and related parties.

Article 13. Appraisal and selection of published books to use as textbooks

1. The principal of the training institution shall rely on the proposal of specialized departments and lecturers to establish the appraisal board; organize the appraisal for published books compiled by domestic or foreign collectives or individuals suitable for the target and demand of the training institution in order to use them as textbooks for teaching, learning, and researching courses in the training program of the institution. The appraisal process of compiled drafts of textbooks applies to the appraisal of published books to use as textbooks in accordance with regulations prescribed in Clauses 1, 2, 3, 4, and 6 Article 12 of this Circular.

2. The principal of the training institution shall rely on the appraisal result and proposal of the appraisal board in accordance with regulations prescribed in Clause 1 of this Article to select published books and use them as textbooks for teaching, learning, and researching courses in the training program of the institution.

3. Training institutions shall stipulate specific and public requirements, criteria, conditions, selection process of textbooks; responsibilities, entitlements of their own, and related parties in selecting textbooks.

Article 14. Approval of textbooks

1. The principal of the training institution shall consider issuing decisions on the approval of compiled, appraised, or published textbooks in accordance with regulations prescribed in Article 12 of this Circular; or appraised, selected books in accordance with regulations prescribed in Article 13 of this Circular to use as textbooks for lecturers and students in teaching, learning, and researching courses in the training program of the institution.

2. Training institutions shall stipulate the specific requirement and approval process to incorporate into the compiled, appraised, and published textbooks or appraised and selected books to use as their textbooks; stipulate the duties and entitlements of people competent to appraise and related parties in appraising and incorporating textbooks into use in accordance with their regulations and regulations of relevant laws.

Chapter III

IMPLEMENTATION

Article 15. Develop and perform regulations of training institutions

Pursuant to this Circular and other regulations of relevant laws, the principal of the training institution shall:

1. Direct the development, issuance, and organization of the implementation of internal regulations on the compilation, selection, appraisal, approval, and use of textbooks, lectures, reference materials for higher education including foreign joint training programs in Vietnam for issuance of bachelor's degrees based on the advice of the board of science and training and other related internal regulations of the training institution; concretize and may have higher requirements but shall not contrary to regulations of this Circular, ensuring uniformity and consistency with regulations of the current law. The prohibited content and acts in compiling, selecting, appraising, approving, and using textbooks, lectures, and reference materials for higher education shall be regulated and performed in accordance with the Law on Intellectual Property, Publishing Law, and regulations of relevant laws.

2. Disseminate and provide guidelines for lecturers, students and related units, organizations, and individuals on regulations of the training institution and regulations of relevant laws on the compilation, selection, appraisal, approval, and use of textbooks, lectures, reference materials for higher education; at the start of the semester, disseminate guidelines for students on rights and responsibilities for approaching and using textbooks, lectures, and reference materials.

3. Organize the internal inspection on the implementation of plans, regulations of the institution, and other duties related to the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials of the institution for each course of the training program, field, and level; be inspected and supervised by the Ministry of Education and Training and competent state agencies in accordance with regulations of the law.

Article 16. Disclosure and storage

1. Training facilities shall disclose their regulations and other regulations related to the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials for higher education on their website at least 30 days before implementation. Disclose the list of textbooks, reference materials on their website.

2. Training institutions shall store and preserve documents related to the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials for higher education in their institutions in accordance with regulations of the law.

Article 17. Entry into force

1. This Circular comes into force as of January 21, 2022 and replaces the content of regulations on the compilation, selection, appraisal, approval, and use of textbooks for higher education in Circular No. 04/2011/TT-BGDDT dated January 28, 2011 of the Ministry of Education and Training on compilation, selection, appraisal, approval, and use of textbooks for higher education.

2. Chief of the Office, Director of the Department of Higher Education, directors of affiliates of the Ministry of Education and Training; directors and principals of training institutions shall implement this Circular.