Thông tư 41/2010/TT-BGDĐT về Điều lệ Trường tiểu học do Bộ Giáo dục và Đào tạo ban hành

CIRCULAR

ON THE CHARTER OF PRIMARY SCHOOL

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

Pursuant to the Government’s Decree No. 178/2007/ND-CP dated December 03, 2007 on functions, tasks, power and organizational structures of ministries and ministerial authorities;

Pursuant to the Government’s Decree No. 32/2008/ND-CP dated March 19, 2008 on functions, tasks, power and organizational structures of the Ministry of Education and Training;

Pursuant to the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006 specifying and providing guidance on implementation of certain articles of the Education Law;

Pursuant to the Government’s Decree No. 115/2010/ND-CP dated December 24, 2010 on state management of education;

At the request of the Director of the Department of Primary Education,

The Minister of Education and Training hereby decides:

Article 1. The Charter of primary school is promulgated together with this Circular.

Article 2. This Circular comes into force from February 15, 2011. The Decision No. 51/2007/QD-BGDDT dated August 31, 2007 by the Minister of Education and Training on the Charter of primary school shall be superseded by this Circular from the date of its entry into force. Any regulation against the provisions of this Circular shall be annulled.

Article 3. Chief of Ministry Offices, Director of Department of Primary Education, heads of relevant units affiliated to the Ministry of Education and Training, Chairpersons of People’s Committees of provinces/central-affiliated cities, Directors of provincial Departments of Education and Training shall implement this Circular.

CHARTER

OF PRIMARY SCHOOL
(Attached to the Circular No. 41/2010/TT-BGDDT dated December 30, 2010 by the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Charter deals with the organization and operation of primary schools, including such main contents as school organization and management; educational programs and activities; primary school teachers; primary schoolers; school property; the school, family and society.

2. This Charter shall apply to primary schools; primary education classes of high schools having multiple levels of public education, specialized schools and other educational institutions providing primary education; organizations and individuals involving in primary education.

Article 2. Roles of a primary school in the national education system

Each primary school plays its role as a general education establishment that forms a part of the national education system, and is treated as a juridical person with its own seal and bank account.

Article 3. Duties and powers of a primary school

1. Organize qualified teaching, learning and other educational activities that conform to primary education targets and programs issued by the Minister of Education and Training.

2. Enable school-age children to attend school, encourage disabled children and children skipping school to go back to school; ensure universal access to education and eliminate illiteracy. Sponsor and assist entities having competence in managing the educational activities of other educational institutions to provide primary education programs as assigned by competent authorities. Set exams and recognize the primary education completion for primary schoolers in each school and children living in the area where the school is charged with providing primary education.

3. Build and develop the school in accordance with regulations of the Ministry of Education and Training and objectives for local educational development.

4. Conduct educational quality accreditation.

5. Manage school administrative officers, teachers, employees and primary schoolers.

6. Manage and use properties, facilities, equipment and financial resources in accordance with regulations of law.

7. Cooperate with family, organizations and individuals in the community in carrying out educational activities.

8. Enable administrative officers, teachers, employees and primary schoolers to participate in social activities in the community.

9. Implement other duties and powers according to regulations of law.

Article 4. Primary schools; primary education classes of high schools having multiple levels of public education, specialized schools and other educational institutions providing primary education

1. There are two types of primary schools: public primary schools and private primary schools.

a) Public primary schools are established, equipped with proper facilities by the State and funded for their regular operations by state budget allocations;

b) Private primary schools are established, equipped with proper facilities by social organizations, socio-professional organizations, business entities or individuals and funded for their regular operations by non-state budget allocations.

2. Primary education classes of high schools with multiple levels of public education or in specialized schools may include:

a) Primary education classes in a high school with multiple levels of public education;

b) Primary education classes in a semi-boarding school for ethnic minority children;

c) Primary education classes in a school for disabled children;

d) Primary education classes in a reformatory, community learning center or pedagogical practice high school.

3. Other educational institutions providing primary education, including: classes for children with learning difficulties or disabled children.

Article 5. School names and signs

1. The name of a primary school shall be composed of the school type (that is, primary school) and proper name. The name of the school shall be stated in the decision on the establishment of the school, the stamp, school sign and other transaction documents.

2. The school sign is displayed as follows:

a) On the left corner of the sign:

- The first line: People's Committee (otherwise urban district, town or provincially-governed city) and the name of the district (otherwise urban district, town or provincially-governed city);

- The second line: Education and Training Sub-department

b) In the middle: The school name as specified in Clause 1 this Article;

c) At the bottom: The address and phone number of the school.

3. The name and sign of a specialized school having different regulations on organization and operation shall be prescribed by its own regulations.

Article 6. Delegation of authority

1. Primary schools shall be managed by a People’s Committee of district, town or provincially-governed city (hereinafter referred to as “district”).

2. Primary education classes and other educational institutions providing primary education programs specified in Clause 2 and Clause 3 Article 4 of this Charter shall be managed by competent authorities having jurisdiction over establishment of these ones.

3. Education and Training Sub-departments shall exercise the function of state management of all types of primary schools and classes and other educational institutions.

Article 7. Organization and provision of inclusive education for disabled primary schoolers

Organization and provision of inclusive education for disabled primary schoolers in primary schools shall be subject to regulations of the Law on the Disabled, documents on guidelines for the implementation of the Law on the Disabled, provisions of this Charter and regulations on providing inclusive education for the disabled issued by the Ministry of Education and Training.

Article 8. Organization and operation of semi-boarding schools for ethnic minority children, primary education classes of high schools with multiple levels and specialized schools

1. Organization and operation of semi-boarding schools for ethnic minority children shall be subject to provisions of this Charter and regulations on organization and operation of semi-boarding schools.

2. Primary education classes of high schools with multiple levels of public education shall be organized and operated according to provisions of this Charter and charters of middle schools, high schools and high schools with multiple levels of public education.

3. Primary education classes in specialized schools shall be organized and operated in accordance with provisions of this Charter and regulations on organization and operation of specialized schools.

Chapter II

ORGANIZATION AND MANAGEMMENT

Article 9. Requirements for establishment of primary schools and eligibility for provision of primary education

1. A primary school shall be established when the following requirements are satisfied:

a) The proposal for establishment of the school is in line with the planning of the educational institution network to meet local socio-economic development demands, provide favorable conditions for children to go to school and ensure primary education universalization;

b) The project on school establishment shall clearly identify objectives, tasks and strategies for the school construction and development; the school’s educational programs and contents; school’s properties, facilities, equipment and expected school construction site; organizational structure, available and financial resources.

2. The primary school shall be eligible for provision of primary education when the following requirements are satisfied:

a) The decision on school establishment or a permit for school establishment;

b) The school construction site shall ensure that it will provide an educational environment and safety for primary schoolers, teachers and employees;

c) The school’s properties, facilities and equipment meet the regulatory eligibility requirements for provision of primary education;

d) Teaching syllabus and learning materials are suitable for each educational grade or level as prescribed by regulations;

e) The staff of teachers and administrative officers is qualified and adequate to provide the primary education and organize educational activities;

g) Financial resources are sufficient to maintain and develop educational activities in accordance with regulations;

h) Regulations on the school’s organization and operation are available.

3. Within a prescribed time limit, if the school satisfies all the requirements specified in Clause 2 this Article, it will be granted permission to carry out educational activities by a competent authority; upon expiry of that time limit, if such school fails to meet the aforesaid requirements, the establishment decision or the decision on permission for school establishment shall be revoked.

Article 10. Power to establish or grant permission to establish; to permit and suspend educational activities; to merge, division, split-up and dissolve a primary school

1. Chairpersons of People’s Committees of districts are entitled to decide to establish, merge, division, split-up and dissolve public primary schools and grant permission to establish, merge, division, split-up and dissolve private primary schools.

2. Heads of Education and Training Sub-departments are entitled to grant permission to carry out and suspend educational activities of primary schools.

Article 11. Procedures and documentation requirements for application for establishment or permission to establish primary schools; permission to carry out educational activities of a primary school

1. Documentation requirements for application for establishment or permission to establish a primary school shall consist of:

a) The proposal for school establishment;

b) The statement of the proposal for school establishment, the draft of charter or regulations of the school;

c) The curriculum vitae together with a valid copy of any of the lawful degrees or certificates obtained by the recommended school principal;

d) The written document stating opinions of relevant entities on school establishment;

e) The explanatory report on response to opinions of relevant authorities and a supplementary report prepared at the request of the People’s Committee of district (if any).

2. Procedures and documentation requirements for application for school establishment:

a) The People’s Committee of commune, ward or town (hereinafter referred to as "commune"), or a requesting organization or individual shall make and be responsible for preparing the application for school establishment or for school permission, respectively, according to provisions of Clause 1 this Article;

b) The Education and Training Sub-department shall receive the application for establishment and consider whether it conforms to requirements for school establishment in accordance with provisions of Clause 1 Article 9 of this Charter. Within 20 working days of receipt of all required documents, in case of determining that all requirements are met, the Education and Training Sub-department shall give its written opinions and send the application to the People’s Committee of district;

c) The People’s Committee of district shall receive the application for establishment and consider requirements for school establishment as prescribed in Clause 1 Article 9 of this Charter. Within 20 working days of receipt of all required documents, in case of determining that all requirements are met, the People’s Committee of district shall make a decision on establishment of the public primary school or a decision on permission to establish a private primary school; in case of refusal to make such decision, the People’s Committee of district shall send the Education and Training Sub-department a written notification specifying explanations and recommended solutions.

3. Documentation requirements for application for permission to carry out educational activities shall include:

a) Application form for permission granted to carry out educational activities;

b) The decision on school establishment or the decision on permission to establish the school;

c) The written document stating inspection of the school’s conformity with requirements specified in Clause 2 Article 9 of this Charter made by a relevant competent authority.

4. Procedures and documentation requirements for application for permission to carry out educational activities:

a) Public primary schools, organizations or individuals of private primary schools shall submit the application for carrying out educational activities according to provision of Clause 3 this Article;

b) The Education and Training Sub-department shall receive the application and consider requirements for carrying out educational activities in accordance with provisions of Article 9 of this Charter. Within 20 working days of receipt of all required documents, in case of determining that all requirements are met, the Education and Training Sub-department shall allow the school to carry out educational activities; if the application is invalid, the Education and Training Sub-department shall send the school a written notification specifying explanations and recommended solutions.

Article 12. Merger, division and split-up of a primary school

1. Merger, division and split-up of a primary school shall satisfy the following requirements:

a) Provide benefits for primary schoolers;

b) Ensure consistency with the planning for development of the network of educational institutions;

c) Meet socio-economic development requirements;

d) Ensure that interests of administrative officers, teachers and employees are respected;

e) Contribute to enhancing the quality and effectiveness of primary education.

2. Procedures and documentation requirements for merger, division and split-up of primary schools to establish new ones shall be subject to provisions of Article 11 of this Charter.

Article 13. Suspension of primary educational activities

1. A primary school or primary educational institution shall be suspended if:

a) It commits any fraudulent act to obtain permission to carry out its educational activities;

b) It fails to meet any of the requirements specified in Clause 2 Article 9 of this Charter or requirements as normally applied to primary educational activities;

c) Permission to carry out educational activities is granted ultra vires;

d) It fails to officially carry out educational activities within the allowable time limit from the day on which it is granted permission to carry out educational activities.

e) It commits violations against regulations of law on education to the extent that it is subject to a penalty imposed in the form of suspension of its activities;

g) It commits other violations prescribed in regulations of law.

2. The decision on suspension of educational activities of the primary school or primary educational institution shall specify clear explanation and the period of suspension; measures for protecting rights and benefits of primary schoolers, administrative officers, teachers and employees and such decision shall be made publicly available.

3. Procedures and documentation requirements for imposition of suspension or permission for restoration/resumption of primary educational activities shall be as follows:

a) If a primary school or any other primary education institution violates regulations laid down in Clause 1 of this Article, Educational and Training Sub-department conducts an inspection to assess the extent of violation;

b) The head of Education and Training Sub-department makes the decision on suspension of primary educational activities and reports it to the People’s Committee of district according to the extent of the violation;

c) After the period of suspension expires, if the violating primary school or primary educational institution has successfully corrected causes leading to such suspension and submits an application for continuing to carry out primary educational activities, the head of Education and Training Sub-department shall issue the decision on permission to continuing to carry out primary educational activities to the school or educational institution. In case of refusing to issue that decision, the head of Education and Training Sub-department shall send a written notification specifying clear explanation for such refusal to the school or educational institution;

d) The application for continuing to carry out primary educational activities shall be subject to provisions of Clause 3 Article 11 of this Charter.

Article 14. Dissolution of primary schools

1. A primary school shall be dissolved if:

a) It seriously violates regulations on management, organization and operation of primary school or seriously impairs the educational quality;

b) The school fails to correct causes leading to suspension of educational activities after the period of suspension expires;

c) Objectives and activities specified in the decision on school establishment or permission for establishment of the school has no longer matched socio-economic development requirements;

d) The school dissolution is requested by an organization or individual applying for permission for establishment of the school.

2. The decision on school dissolution shall specify reasons for such dissolution and measures for protecting rights and benefits of primary schoolers, administrative officers, teachers and employees, and shall be made publicly available.

3. Procedures and documentation requirements for dissolution of primary schools or other primary education institutions:

a) The Education and Training Sub-department shall examine the extent of the violation specified in Point a, Point b and Point c Clause 1 this Article or the request for dissolution made by the organization or individual establishing the school; and make a written report to request the People’s Committee of district to issue the decision on school dissolution;

 b) At the request of the head of the Education and Training Sub-department, the People’s Committee of district shall issue the decision on school dissolution within 20 working days from the day on which all required documents are received.

Article 15. Documentation requirements for suspension of educational activities; merger, division or split-up of a primary school

1. A documentation requirement for suspension of educational activities shall include:

a) The decision on founding an inspectorate;

b) The record on the inspection;

2. The documentation requirements for merger, division or split-up of a primary school shall contain:

a) The proposal for merger, division or split-up:

b) The statement of the proposal for merger, division or split-up;

c) Written confirmatory documents regarding finance, school’s properties, loans, liabilities and other relevant issues;

d) The written document stating opinions of relevant entities.

3. Documentation requirements for dissolution of a primary school:

a) The documentation requirement for dissolution of the primary school specified in Point a and Point d Clause 1 Article 14 of this Charter shall include:

- The written request for school dissolution made by the organization/individual or proof of the violation specified in Point a Clause 1 Article 14 of this Charter;

- The decision on founding the inspectorate;

- The record on the inspection;

- The written request for school dissolution made by the Education and Training Sub-department.

b) An application for dissolution of the primary school specified in Point b and Point c Clause 1 Article 14 of this Charter shall include:

- The application for suspension of educational activities;

- Documents on failure to correct causes leading to suspension of educational activities;

- The written request for school dissolution made by the Education and Training Sub-department.

Article 16. Eligibility conditions, procedures and documentation requirements for application for establishment of an educational institution providing primary education

1. Any entity or individual applying for registration of establishment of an educational institution providing primary education shall be granted permission for establishment of that institution by a competent authority if the following requirements are satisfied:

a) The institution, once being established, will match the local demand of primary education universalization;

b) It receives sponsorship from another primary school and provides aids for a competent authority charged with management of educational activities specified in Article 27, Article 28, Article 29, Article 30 and Article 31 of this Charter;

c) The institution hires teachers meeting qualification standards prescribed in Article 36 of this Charter;

d) The institution provides adequate classrooms conforming to Article 46 of this Charter.

2. Procedures and documentation requirements for application for establishment of other educational institutions providing educational programs:

a) Each entity or individual shall submit a documentation requirement for application for establishment to the People’s Committee of commune, including: the written request for establishment of another educational institution providing educational program together with a valid copy of any of the lawful degrees or certificates of the recommended person charged with management of such institution and the written document certifying acceptance of sponsorship from a primary school located within the same district;

b) The Chairperson of the People's Committee of commune shall receive the application and consider granting a permission to establish an educational institution providing primary education. The decision as to whether application for permission to establish the educational institution providing primary education is approved or refused shall be made in writing and sent to the applicant within 20 working days from the day on which all required documents are received.

Article 17. Classes, groups of primary schoolers, group of same-level classes and branches of a primary school

1. Primary schoolers shall be divided into classes. Each class shall have 1 class monitor, 1 - 2 assistant monitor(s) voted by all primary schoolers or assigned on a rotational basis by a head teacher of the class in a school year. The number of primary schoolers of each class shall not exceed 35 children.

Each class shall have a head teacher teaching one or some subjects. Tenure of a teacher per class shall be subject to regulations of applicable law.

Combined classes may be organized in extremely disadvantaged areas to encourage school-going children to attend school. The number of primary schoolers and number of educational grade levels in a combined class may vary according to the teacher’s qualifications, competencies and conditions of each local area.

2. Each class shall be divided into groups of primary schoolers. Each group has a leader and a vice leader voted by members of the group or assigned in rotation by the head teacher in a school year.

3. The classes where primary schoolers have the same level of education may be arranged into groups to carry out common activities.

4. Depending on conditions of each local area, each primary school may build various branches in different areas for primary schooler’s convenience. A principal shall assign a vice principal or a head teacher to manage each branch of a primary school.

Article 18. Specialized teams

1. A specialized team shall include a teacher(s) library officers and equipment officers. Each team shall have at least 3 members with a team leader. If the team has at least 7 members, there will be a vice team leader.

2. Duties of the specialized team

a) Make weekly, monthly and school year-based plans for common activities of the team to carry out the educational program, teaching plan and educational activities;

b) Provide refresher courses, set exams and assess the quality and effectiveness of education and training, manage and use books and equipment of the team members according to the school schedules;

c) Participate in assessment and ranking of teachers according to regulations on the code of professional conduct of primary school teachers and introduce the team leader and vice team leader.

3. The specialized team shall hold the meeting every two weeks and other gatherings if necessary.

Article 19. Office teams

1. Each primary school shall have an office team, including school medical officers, file clerks, accountants, cashier and other employees. Each office team shall have a monitor and a assistant monitor.

2. Duties of an office team:

a) Make weekly, monthly and school year-based plans for common activities of the team to carry out the educational program, teaching plan and educational activities;

b) Assist the principal to manage financial resources, property of the school, accounting and statistics reports;

c) Provide refresher courses, set exams and assess the working quality and effectiveness of the team members according to the school schedules;

d) Participate in assessment and ranking of personnel; introduce the team leader and vice team leader;

e) Keep school archives.

3. The office team shall hold the meeting every two weeks and other gatherings if necessary.

Article 20. Principals

1. Each principal of each primary school shall organize and manage educational activities and quality of the school. The principal of the public primary school shall be appointed by the head of Education and Training Sub-department and the principal of the private primary school shall be recognized according to procedures for appointment or recognition of school principals implemented by a competent authority.

2. The appointed or recognized primary school principal shall meet qualification and conduct standards as applied to a primary school principal.

3. The term in office of the principal shall be 5 years. After 5 years, the principal shall be subject to assessment, and may be re-appointed or re-recognized. The principal of the public primary school shall manage the school not exceeding two terms. Each principal shall manage only one primary school.

4. The principal shall be subject to assessment of his/her management of educational activities and quality of the school carried out by administrative officers, teachers and competent authorities every year and every term.

5. Duties and powers of the principal:

a) Make plans for school development; prepare and coordinate the implementation of educational and teaching plans; give a report and assessment of his/her performance to the school board and competent authorities;

b) Set up specialized teams, office team and advisory boards for the school; appoint team leaders and vice team leaders;

c) Assign, manage, assess and rank; recruit, transfer; reward or discipline teachers or employees;

d) Undertake administrative management tasks; manage and use financial resources and school assets effectively;

e) Manage primary schoolers and organize educational activities of the school; receive and introduce transferred primary schoolers; give rewards, impose disciplinary actions and approve assessment and ranking results and the list of grade-promoting or grade-repeating primary schoolers; organize exams and recognition of the primary school completion for school primary schoolers and others within the school’s remit;

g) Participate in training courses in political knowledge, professional and managerial skills; teach an average of 2 periods/week; enjoy allowances and incentive policies;

h) Implement grassroots democracy practices and provide favorable conditions for socio-political organizations of the school to carry out their activities with the aim of enhancing the educational quality of the school;

i) Mobilize and cooperate with organizations and private sectors to involve in educational activities and promote the roles of the school in the community.

Article 21. Vice principals

1. The vice principal shall serve as an assistant to the principal and be hold accountable to the principal. The vice principal of the public primary school shall be appointed by the head of Education and Training Sub-department and the vice principal of the private primary school shall be recognized according to procedures for appointing or recognizing vice principals or by a competent authority. Each primary school shall have 1 - 2 vice principals or more in case of special cases.

2. The appointed or accredited primary school vice principal shall be required to gain a high level of qualification standards of primary school teacher and fulfill the duties assigned by the principal.

3. Duties and powers of the vice principal:

a) Bear responsibility for undertaking the tasks assigned by the principal;

b) Direct school activities according to the authorization given by the principal;

c) Participate in training courses in political knowledge, professional and managerial skills; teach an average of 4 periods/week; enjoy allowances and incentive policies.

Article 22. General superintendent of the Ho Chi Minh Young Pioneer Organization

1. A general superintendent of the Ho Chi Minh Young Pioneer Organization (HCMYPO) shall be a primary school teacher that has completed training courses in the HCMYPO and Ho Chi Minh Children Stars (HCMCS).

2. The general superintendent of the HCMYPO shall organize and manage activities of the HCMYPO and the HCMCS at the school and extra-curricular activities.

3. Each primary school shall have one HCMYPO's general superintendent appointed by the head of Education and Training Sub-department at the request of the principal.

Article 23. School board

1. The school board of the public primary school or the executive board of the private primary school (hereinafter referred to as “school board”) shall be an organization responsible for making a decision on the operation of the school, mobilizing and supervising the use of school resources, building connection between the school, the community and society and ensuring the fulfillment of educational targets.

2. The organizational structure of the school board:

a) In the pubic primary school:

The school board is composed of representative(s) of the Communist Party of Vietnam, the principal and vice principal, representative(s) of the Labor Union, representative(s) of the Ho Chi Minh Communist Youth Union, HCMYPO’s general superintendent, representative(s) of specialized teams and the office team.

Each school board may have 7 – 11 members with a chair and a secretary;

b) In the private primary school:

- If an executive board is already organized in the private primary school, the executive board shall act as the school board or may make a request for establishment of an expanded school board;

- If the executive board is not already organized in the private primary school, any investor shall request establishment of and participate in the school board.

3. Duties and powers of the school board of public primary school:

a) Resolve on objectives, strategies, projects and plans for the school development in each stage and each school year;

b) Resolve on regulations or amendments to regulations on organization and operation of the school prior to request for a competent authority’s approval thereof;

c) Resolve on policies on the use of financial resources and assets of the school;

d) Supervise school activities, the implementation of the school board's resolutions and grassroots democracy practices in school activities.

4. Activities of the school board of the public school primary:

The school board shall regularly hold at least 3 meetings/year. The chair of the school board is entitled to call an ad-hoc meeting in order to resolve issues arising in the course of implementing duties and powers of the school upon the request of either the principal or at least one third of the school board members if necessary. The chair of school board may invite a representative(s) of the local authority and local unions to participate in the meeting if necessary.

The meeting is considered to be valid if there are at least three quarters of the school board members present (including the chair of the school board). The school board’s resolutions shall be adopted and brought into effect if at least two thirds of the present school board members give their uncontentious opinions, and shall be made publicly available.

The principal shall be responsible for implementing resolutions or conclusions issued by the school board in relation to contents prescribed in Clause 3 this Article. Unless the principal agrees on a resolution made by the school board, he/she shall promptly notify and receive advice from the entity taking direct control of the school. While awaiting such advice, the principal shall be obliged to comply with the resolution of the school board to deal with issues without committing any breach of the regulations of applicable law and this Charter.

5. Procedures for establishment of the school board of the public school primary:

According to the organizational structure, tasks, entitlements and activities of the school board, the principal shall compile the list of personnel recommended by teachers, organizations and unions of the school and send a request form to the head of the Education and Training Sub-department to seek its decision on the establishment of the school board. The chair of the school board shall be voted by its members; the secretary of the school board shall be appointed by the chair. The term of the school board is 5 years. Every year, in case of any change in the board’s personnel, the principal shall request a competent authority in writing to make its decision to assign supplementary personnel for the board

6. Tasks, entitlements, procedures for the establishment and operation of the board of private primary school shall be subject to regulations on organization and operation of private schools at all levels of general education.

Article 24. Emulation, reward and advisory boards

1. The principal shall set up an emulation board at the beginning of every school year and act as the chair of the emulation board. The members of the emulation board shall include: the vice principal, secretary of the Communist Party of Vietnam, chair of the Labor Union, secretary of the Ho Chi Minh Communist Youth Union (HCMCYU), general superintendent of the HCMYPO, head teachers, leaders of specialized teams and leader of the office team.

The emulation board shall assist the principal to organize emulation campaigns, propose the list of administrative officers, teachers, employees and primary schoolers of the school eligible for rewards.

The emulation board shall hold a meeting at the end of each semester and at the end of the school year.

2. The principal may set up advisory boards to assist him/her in educational and managerial aspects. Tasks, entitlements, participants and operating period of each advisory board shall be decided by the principal.

Article 25. Intra-school Communist Party organization and union

1. The intra-school Communist Party organization in the primary school shall direct the school and operate within the framework of the Constitution and regulations of law.

2. The Labor Union, the HCMCYU, the HCMYPO, the HCMCS and other social organizations operating in the primary school to assist the school in reaching targets and applying educational principles.

Article 26. Management of school financial resources and property

Management of financial resources and assets of the primary school shall abide by regulations of applicable laws and of the Ministry of Finance and the Ministry of Education and Training. Each member in the school shall preserve and protect property of the school.

Chapter III

EDUCATIONAL PROGRAMS AND ACTIVITIES

Article 27. Education programs and teaching plans

1. The primary school shall develop educational programs and teaching plans promulgated by the Minister of Education and Training; implement the academic year calendar according to guidelines of the Ministry of Education and Training and where suitable under specific conditions of local areas.

2. According to the educational plan and academic year calendar, the school shall provide detailed educational and training activities, establish different timetables that suit physical and psychological conditions of primary schoolers and particular conditions of specific local areas.

Teaching and learning written and spoken languages of ethnic minorities shall be subject to the Government’s regulations.

Disabled primary schoolers who are provided with inclusive education shall have access to flexible teaching plans that suit the ability of each primary schooler and conform to regulations on inclusive education for the disabled.

Article 28. Textbooks and reference materials

1. Textbooks used for teaching and learning purposes that are designed in conformity with the general education program at the level of primary education shall be subject to regulations of the Minister of Education and Training.

2. The school shall provide reference materials for teaching and research activities of teachers and encourage teachers to use reference materials to enhance the educational quality. Any organization or individual shall not be allowed to force primary schoolers to buy reference materials.

Article 29. Educational activities

1. Educational activities shall include in-class and out-of-class activities to practice morals, develop capacity, foster talents and support weak primary schoolers in compliance with psychophysiology of each primary school primary schooler’s age.

2. In-class activities shall be carried out through teaching compulsory and optional subjects in the general education program at the level of primary education promulgated by the Ministry of Education and Training.

3. Out-of-class activities may include extra-curricular, recreational, sports, sightseeing, tourism and cultural exchange activities; environmental protection activities; social works and other social responsibility activities.

Article 30. Documents used for carrying out educational activities

1. For the school:

a) The registration book;

a) The record on universalization of primary education;

c) The logbook of results of primary schooler examinations and assessments; files recording educational activities of disabled primary schoolers (if any);

d) The school report of primary schooler;

e) The record of resolutions and working plans;

g) Records on the management of administrative officers, teachers and employees;

h) The record of reward or discipline ;

i) Property and financial resource book;

k) The record of documents and official dispatches.

2. For teachers:

a) Lesson plan record;

b) Logbook;

c) head teacher’s record (for head teachers);

d) HCMYPO activity logbook (for HCMYPO’s general superintendent).

3. For specialized teams: Record of minutes of specialized team meetings.

Article 31. Primary schooler assessment and ranking

1. The primary school shall examine, assess and rank primary schoolers during their study and training process according to regulations on assessment and ranking of primary school primary schoolers promulgated by the Minister of Education and Training; transfer study results of primary schoolers at a lower grade to teachers in charge of them at a higher one at the end of school year.

2. The principal shall confirm that the primary schooler has completed primary education in the school report after he/she finishes their primary education program according to regulations of the Minister of Education and Training.

3. The principal of the primary school responsible for sponsoring another educational institution shall confirm the completion in primary education on school reports of primary schoolers after they finish their study at such facility according to regulations of the Minister of Education and Training. In the cases where primary schoolers are unable to attend school due to their hardship, enroll in other primary education institutions or come back to Vietnam from overseas countries, they shall receive certificates of primary education completion from the principal of the primary school organizing exams for them .

Article 32. Maintenance of school tradition

1. The primary school shall have a traditional room to store documents and exhibits related to the establishment and development of the school.

2. The primary school shall choose a day as its traditional day.

Chapter IV

PRIMARY SCHOOL TEACHERS

Article 33. Teachers

Teachers shall be tasked with teaching and educating primary schoolers of primary schools or other educational institutions providing primary education.

Article 34. Duties of teachers

1. Provide qualified training and education in line with predetermined educational programs and teaching plans; plan lessons, teach, set exams, assess and rank primary schoolers; manage primary schoolers when they participate in educational activities organized by the school; join in professional activities; take responsibility for teaching and educational quality and efficiency.

2. Improve moral values, increase a sense of responsibility of their own, preserve personal qualities, dignity, honor and prestige of the teacher; set a good example for primary schoolers, love, treat them fairly and respect the personality of the primary schooler; protect the legitimate rights and interests of primary schoolers; support and cooperate with colleagues.

3. Get themselves involved in training to improve their health, political knowledge, awareness, teaching qualifications and skills and apply new teaching methods.

4. Participate in activities related to primary education universalization at the local areas where they are teaching.

5. Fulfill civil obligations, comply with regulations of law and education-related authorities and the principal’s decision; perform tasks assigned by the principal, facilitate the inspection and assessment carried out by the principal and educational managing authorities.

6. Cooperate with the HCMYPO, families of primary schoolers and relevant social organizations in organizing educational activities.

Article 35. Rights of teachers

1. Enjoy good conditions to perform the task of teaching and educating primary schoolers.

2. Have access to training courses and refresher courses, and receive a full amount of salary, allowances and other subsidies when teachers are sent to participate in such courses.

3. Receive salary, education-specific allowance, seniority allowance and other allowances prescribed in regulations of law; enjoy all material and spiritual interests and have access to health care benefits according to policies applied to teachers.

4. Have their dignity and honor protected.

5. Exercise other rights according to regulations of law.

Article 36. Standards of teachers

1. The required minimum qualification standard of a primary school teacher shall be at least an associate degree in pedagogy. The qualification of the teacher shall be assessed according to standards of primary school teachers.

2. The teacher who has his/her qualification higher than the required standard shall be entitled to policies specified by the State; favorable conditions to enhance effectiveness in training and education. The teacher who fails to reach the required standard shall be provided with favorable conditions to study and join in refresher courses.

Article 37. Behavioral, communication and dress codes of teachers

1. The teacher shall behave and communicate properly to set a good example for primary schoolers.

2. The teacher shall dress neatly and appropriately.

Article 38. Prohibited acts

1. Insult honor and dignity, infringe bodies of primary schoolers and colleagues.

2. Distort educational contents; teach wrong contents or knowledge; provide training against the educational views and paths of the Communist Party and the State of Vietnam.

3. Assess study results of primary schoolers wrongly on purpose.

4. Enforce primary schoolers to participate in extra classes for profitable purposes.

5. Drink, smoke or use a mobile phone while teaching primary schoolers in the class.

6. Skip periods or reduce educational programs improperly.

Article 39. Rewards and disciplinary actions

1. Teacher performing their work well shall be rewarded and granted emulative and other honorable titles for their achievements.

2. Teachers violating regulations specified in this Charter shall be subject to disciplinary actions imposed depending on the extent of the violation.

Chapter V

PRIMARY SCHOOLERS

Article 40. Primary school age

1. Children shall start primary education at the age of 6 - 14 (as per year).

2. Children shall enroll the 1^st grade at the age of six; disabled or disadvantaged children and overseas children coming back to Vietnam may enroll the 1^st grade at the age of 7 – 9.

3. Primary schoolers with good physical and intellectual development may be promoted to the next class at an early age. Specific procedures:

a) Parents or guardians of the primary schooler shall submit an application to the school;

b) The principal shall set up the advisory board, including: representative(s) of the school board and the parents board; the current head teacher of the primary schooler and head teacher of the next class, medical practitioners and the HCMYPO’s leader;

c) The principal shall consider the application according to survey results carried out by the advisory board.

4. Overseas children at the age of attending primary schools coming back to Vietnam and children of foreigners working in Vietnam are entitled to study in primary schools within or out of the places where they reside. Specific procedures:

a) Parents or guardians of the primary schooler shall submit an application to the school;

b) The principal shall set an exam to assess the level of the primary schooler and place the primary schooler in the right class.

5. The principal shall set exams and classify homeless children who are eligible for studying in primary schools.

Article 41. Duties of primary schoolers

1. Study well; comply with regulations of the school; go to school regularly and on time; keep books and office supplies in good conditions.

2. Be polite to families; respect teachers, employees of the school and the elderly; unite, love and help friends, disabled and disadvantaged people.

3. Do exercise and stay healthy.

4. Take part in extra-curricular activities; maintain public assets; participate in environmental protection activities and comply with regulations on traffic safety.

5. Contribute to maintain the tradition of the school and local authority.

Article 42. Rights of primary schoolers

1. Study in a school, a class or another educational institution providing primary education within or out of the places where the primary schooler resides.

2. Attend a class at the level higher than the primary schooler's age, repeat the class; receive confirmation of primary education completion.

3. Be protected, respected and treated equally; be provided with time, facilities, hygiene and safety.

4. Participate in activities to foster talents; receive health care and reintegration education (in case of disabled primary schoolers).

5. Receive scholarships and social policies.

6. Execute other rights according to regulations of law.

Article 43. Prohibited acts

1. Be impolite, insult honor and dignity, infringe bodies of primary schoolers and colleagues.

2. Cheat in study and exams.

3. Disobey orders in the school and public places.

Article 44. Rewards and disciplinary actions

1. Primary schoolers performing study and activities well at school shall be:

a) rewarded in front of their class;

b) given the title of good or very good primary schooler; rewarded for their good performance in a particular subject or another educational activity;

c) rewarded in another form.

2. Depending on the extent of the violations committed by primary schoolers, they shall be:

a) reprimanded; or

b) given a notice from the school to their families.

Chapter VI

SCHOOL PROPERTY

Article 45. The school

1. The location of the school shall satisfy the following requirements:

a) The location shall match the plan for educational development of local authority;

b) The distance from the primary schooler’s house to the school shall not exceed 500 m for an urban area, industrial zone or relocation area; 1 km for a suburb or a rural area; 2 km for an extremely disadvantaged area;

c) The surrounding environment shall not cause adverse impacts on educational activities and safety of teachers and primary schoolers.

2. The ground area used for building the school shall be determined on the basis of the number of classes, number of primary schoolers and characteristics of different regions with a space of at least 10 m² per a primary schooler in the rural or mountainous area; 6 m² per a primary schooler in the urban area. The ground area shall be increased to serve educational activities if the school provides 2 sessions/day. The school design shall vary in different regions according to regulations of the Ministry of Education and Training.

3. The school campus shall be protected by a fence (concrete wall or tree fence) with at least 1.5 m in height. The school gate and protection fence shall ensure safety and esthetic appearance. The school sign mounted onto the main school gate shall be displayed with clear, elegant and easy-to-read scripts as prescribed in Clause 2 Article 5 of this Charter. In addition to the school slogan, each school may choose another slogan having educational contents and satisfying particular requirements of the school in each school year.

4. Construction structure

a) Blocks of classrooms: the number of classrooms shall be built in line with the number of classes of the school and ensure that each class has one separate classroom;

b) Blocks of support rooms:

- Gymnasium or multi-purpose hall;

- Arts education room;

- Foreign language education room;

- Computer lab;

- Reintegration room to provide disabled primary schoolers with inclusive education (if any);

- Library;

- Educational equipment room;

- Traditional room and HCMYPO activity room.

c) Blocks of rooms for administrative works:

- Principal’s office and vice principal’s office;

- Meeting room and teacher’s office;

- Offices;

- Medical room;

- Warehouse;

- Security room, reception room located next to the school gate.

d) Canteen, rest facilities for semi-boarding primary schoolers (if any);

e) Playground or school field occupying 30% of the total ground area of the school. The playground shall be smooth with toys and equipment serving primary schoolers’ recreation in green spaces. The physical activity field shall ensure safety for primary schoolers;

g) Separate male and female restrooms for teachers and primary schoolers; restrooms for disabled primary schoolers; garbage storage area and water supply and drainage systems. It is recommended that each restroom be built for each floor or each row of classrooms;

h) Parking lots for primary schoolers, teachers and employees.

5. In the cases where the school fails to satisfy requirements specified in this Article, the principal shall make plans to improve the school, request the People's Committee of commune and the head of Education and Training Sub-department to report plan to the People's Committee of district to settle the issue of the public primary school or request the chair of the school board to settle the issue of the private primary school.

Article 46. Classrooms

1. Classrooms shall be built in conformity with prescribed technical requirements, provide enough lighting and shall be cool in the summer and warm in the winter as well as ensure safety for teachers and primary schoolers according to regulations on school hygiene; provide basic conditions and amenities for disabled primary schoolers.

2. Each classroom shall be equipped with:

a) Sets of primary schooler desks and chairs meeting stated standards and providing enough space for primary schoolers;

b) A set of table and chair for the teacher;

c) Class board;

d) Lighting and fan systems (if the electricity is available);

e) File cabinets and teaching aids.

Article 47. Libraries

1. The school library shall be used for teaching purposes of teachers and learning purposes of primary schoolers. The school shall enable primary schoolers of specific classes to borrow textbooks and make sure that all primary schoolers have access to an adequate number of textbooks to facilitate their learning; carry mobile bookshelves to different school branches.

2. Each school shall have one library furnished with necessary facilities and equipment according to regulations on standards of libraries of general education institutions promulgated by the Ministry of Education and Training.

Article 48. Educational equipment

1. The school shall be provided with sufficient educational equipment; shall effectively manage and use educational equipment during the teaching and learning process according to regulations of the Ministry of Education and Training.

2. Teachers shall be responsible for using education equipment and making teaching aids on their own conformable to requirements regarding teaching contents and methods specified in educational programs.

Chapter VII

THE SCHOOL, FAMILY AND SOCIETY

Article 49. Representative boards of parents

The primary school shall maintain a representative board of parents at the class- and school-level that are organized and operated according to the charter of representative board of parents promulgated by the Ministry of Education and Training.

Article 50. Relationship between the school, family and society

1. The school shall cooperate with local authorities and unions, representative board of parents of the school and socio-political organizations and relevant individuals in:

a) Ensuring the consistency in respect of the scale and plan for school development, primary schooler education approaches and due care for backward primary schoolers;

b) Mobilizing all forces and resources in the community contributed to building educational institutions, providing educational equipment, paying attention to education developments, creating a healthy and safe educational environment; enabling primary schoolers to have access to age-appropriate play, cultural and sports activities;

c) Encouraging organizations and individuals to sponsor and support the educational development. Earning contributions in cash or in kind under the guise of educational sponsorship or support shall be banned.

2. Head teachers shall keep in touch with their primary schoolers’ parents to notify the learning performance of each primary schooler; ensure the consistency of plans for supporting weak primary schoolers and teaching backward primary schoolers; promptly reward primary schoolers that perform well in the class and in other activities.