Decree of Government No.43/2000/ND-CP of August 30, 2000 detailing and guiding the implementation of a number of articles of The Education Law

THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———-

No: 43/2000/ND-CP

Hanoi, August 30, 2000

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE EDUCATION LAW

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the Education Law of December 2, 1998;
At the proposal of the Minister of Education and Training,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

1. This Decree details and guides the implementation of a number of articles of the Education Law regarding the educational programs, textbooks and teaching materials, examinations and diplomas; regarding the network, organization, operation and material foundations of the schools and other educational establishments; regarding the recruitment, pedagogic fostering, guest-teaching and commendation of teachers; regarding the policies towards learners; and the financial conditions of the national education system.

2. The schools and other educational establishments of the State administrative agencies, of political organizations, socio-political organizations as well as of the peoples armed forces shall have to abide by the corresponding provisions of this Decree when carrying out training in order to grant diplomas of the national education system.

Article 2.- Diversion and continuation in education

1. The Ministry of Education and Training shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs as well as relevant ministries and branches in elaborating regulations and conditions in order to ensure the diversion and continuation between educational levels, grades, training degrees and educational modes in the national education system.

2. The Ministry of Education and Training shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding the Peoples Committees of the provinces and centrally-run cities (hereinafter referred to as the provincial-level Peoples Committees) to make planning on the networks of pre-school education establishments, general education establishments and vocational education establishments of the localities and effect the diversion after each educational level, grade and training degrees according to the Governments regulations so as to satisfy the socio-economic development requirements.

Article 3.- Giving priority to educational development in regions facing particularly difficult socio-economic conditions

1. The regions meeting with particularly difficult socio-economic conditions include: the ethnic minority people regions, mountainous regions, islands and other difficulty-stricken regions. The specific list of these regions was issued together with the Governments Decree No.51/1999/ND-CP of July 8, 1999 detailing the implementation of the Domestic Investment Promotion Law (amended).

2. The Government gives priority to the investment in and encourages organizations and individuals to invest in the educational development in regions meeting with particularly difficult socio-economic conditions under the provisions of the Domestic Investment Promotion Law (amended) and the Governments Decree No.73/1999/ND-CP of August 19, 1999 regarding the policy of encouraging the socialization of activities in the fields of education, healthcare, culture and sports.

3. The Peoples Committees at all levels in regions which meet with particularly difficult socio-economic conditions shall have to draw up the educational development plans and solutions, considering it a priority objective in their local socio-economic development plans.

Article 4.- Educational universalization

The Peoples Committees of the provinces, cities, provincial towns and districts shall have to enhance and improve the quality of primary education, and at the same time to work our plans and measures to universalize the basic secondary education.

Chapter II

EDUCATIONAL PROGRAMS, TEXTBOOKS AND TEACHING MATERIALS, EXAMINATIONS AND DIPLOMAS IN THE NATIONAL EDUCATION SYSTEM

Article 5.- Educational programs

1. The educational programs prescribed in Articles 24, 30 and 36 of the Education Law are documents concretizing the educational objectives, stipulating the scope, level and structure of educational contents, methods, forms of educational activities, standards and methods of assessing the educational results for study subjects of each class and the entire grade, level and training degree.

Any change in the educational programs must be made through study and shall be officially applied only when it is so permitted by competent authorities.

2. The Ministry of Education and Training shall promulgate programs for pre-school education and programs for the general education grades and levels, based on the appraisal by the State Council for Program Appraisal.

The Government shall submit the undertakings to reform the content of the program for an educational grade or level to the National Assembly before making any decisions thereon.

3. The framework programs mentioned in Articles 30 and 36 of the Education Law prescribe: the training objectives; the minimum knowledge volume; the content structure of knowledge volumes; the training time proportion between basic study subjects, specialized study subjects; the proportion of time reserved for theory and practice as well as probation for vocational secondary education, tertiary education and post-graduate education.

The Ministry of Education and Training shall assume the prime responsibility and coordinate with the concerned ministries, branches and agencies in setting up the professional council to direct the elaboration and organization of appraisal and prescription of framework programs for tertiary education and vocational secondary education.

Basing themselves on the prescribed framework programs and their schools training tasks, the principals of the vocational secondary schools, colleges and universities shall organize the elaboration and promulgation of their schools educational programs after they have been appraised according to the provisions in Article 8 of this Decree.

4. The Ministry of Labor, War Invalids and Social Affairs shall stipulate the principles for elaboration and implementation of short-term and long-term vocational training programs for job-training establishments.

Article 6.- Teaching plans

1. Teaching plans are documents promulgated together with the educational programs, prescribing study subjects, practice, probation and extracurricular activities, the numbers of periods or sessions in a week, a school year, reserved for each study subject, at each education grade, each education level so as to achieve the educational objectives.

2. The teaching plans of general education schools shall be promulgated by the Ministry of Education and Training based on the programs already appraised by the State Council.

The teaching plans of job-training schools, vocational secondary schools, colleges and universities shall be drawn up, appraised and promulgated by such schools themselves on the basis of the programs prescribed in Clauses 3 and 4, Article 5 of this Decree.

Article 7.- Textbooks, teaching materials

1. Textbooks and teaching materials prescribed in Articles 25, 31 and 37 of the Education Law are documents demonstrating concretely the educational content and method of each study subject in the educational program.

2. The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall coordinate with concerned agencies in stipulating the compilation, approval, printing, distribution and use of textbooks and teaching materials within the fields under their management.

Article 8.- Appraisal Councils

1. The Councils for appraisal of educational programs, textbooks and/or teaching materials prescribed in the Education Law are advisory organizations assisting the competent educational administrators in approving the programs, textbooks and teaching materials.

A Council for appraisal of educational programs, textbooks and/or teaching materials is composed of a number of teachers, educational administrators and scientific and technical cadres in relevant fields. A Council for appraisal of the general- education curriculum and text books must have at least a quarter of its members who are teaching at corresponding educational levels and grades.

2. The Ministry of Education and Training shall decide the establishment of the State Councils for appraisal of educational programs, textbooks and teaching materials used for universities and colleges, define the tasks, powers, operation mode, criteria, number and percentage of members of different types for each Council and directly administer the operation of these Councils.

3. The Ministry of Education and Training shall stipulate the appraisal of educational curricula and text- books for various general education levels and grades; the educational curricula and teaching materials for vocational secondary schools, colleges and universities.

4. The Ministry of Labor, War Invalids and Social Affairs shall stipulate the appraisal of the vocational education programs and teaching materials.

Article 9.- Examinations in the national education system.

1. Examinations in the national education system are measures to assess the learners study results and examine as well as evaluate the educational activities of teachers and schools.

2. The Ministry of Education and Training shall promulgate regulation on examinations. The regulation on examinations must satisfy the following requirements:

a) Examinations are organized in a serious, fair and objective manner suitable to examinees physio-psychology. The examination results correctly reflect the examinees study and self- training process;

b) The contents of examination questions must lie in the educational curricula, suitable to the knowledge standards and skills stipulated in the educational curricula.

3. The concerned ministries and branches as well as the Peoples Committees of all levels shall have to organize and ensure necessary conditions for examinations.

Article 10.- Diplomas, certificates in the national education system

1. The diplomas in the national education system prescribed in Clause 1, Article 7 of the Education Law are the official documents granted by the competent authorities to learners after their graduation from an educational level, grade, training degree or long-term vocational training course.

The graduation consideration and rating must be based on the examination results and study and self-training process of learners.

The conditions for being granted diplomas and the diploma- granting competence are prescribed in Articles 27, 33, 39 and 43 of the Education Law.

Authorities competent to grant diplomas shall have the competence to cancel diplomas.

2. Certificates in the national education system prescribed in Clause 2, Article 7 of the Education Law are official documents granted by the heads of educational establishments to learners to certify their study results at the end of the training or fostering courses.

The conditions for being granted certificates, the competence to grant certificates of various types are prescribed in Articles 33 and 43 of the Education Law.

Authorities competent to grant certificates shall have the competence to cancel certificates.

3. The Ministry of Education and Training shall stipulate the management of diplomas and certificates of the general education, the vocational secondary education, the tertiary education and the post-graduate education.

4. The Ministry of Labor, War Invalids and Social Affairs shall stipulate the management of job-training diplomas and certificates.

Article 11.- Post-graduate education in a number of particular specialized branches

1. For the post-graduate education in the healthcare field, besides the master, doctor- training programs, there are specialized training programs for various clinical sections: in-patient hospitalization, grade-1 specialization, grade-2 specialization.

The Ministry of Education and Training shall assume the prime responsibility and coordinate with the Health Ministry in stipulating the specialized training programs, the diploma equivalence and the principle for conversion between post-graduate training degrees in the healthcare field.

2. For art subjects which require the post-graduate training, the Ministry of Education and Training shall assume the prime responsibility and coordinate with the Ministry of Culture and Information in stipulating the educational curricula, the contingent of lecturers and the conditions to ensure the training.

3. For physical training and sport subjects which require the post-graduate training, the Ministry of Education and Training shall assume the prime responsibility and coordinate with the Physical Training and Sports Committee in stipulating the educational curricula, the contingent of lecturers and the conditions to ensure the training.

Chapter III

NETWORKS, ORGANIZATION, OPERATION, TECHNICAL MATERIAL FOUNDATIONS OF SCHOOLS AND OTHER EDUCATIONAL ESTABLISHMENTS

Article 12.- Schools and other educational establishments in the national education system

1. The schools in the national education system include: pre-school institutions, primary schools, basic secondary schools, general secondary schools, vocational secondary schools, job-training schools, colleges and universities.

2. Other educational establishments in the national education system include: scientific research institutes assigned the post-graduate training task; the general technical, vocational guidance, job-training, regular education centers; baby-sitters group, crèches; independent classes: kindergartens, family primary education, literacy classes, foreign language classes, informatic classes, classes for non-school goers or handicapped children, job-training classes and vocational secondary classes organized at healthcare, production, business or service establishments.

Article 13.- Types of educational establishments

1. The types of educational establishments prescribed in Article 44 of the Education Law are determined as follows:

a) Public educational establishments: set up by the State, which nominates their administrators and allocates staff quota; the State manages them, invests in material foundations and allocates funding for regular spending tasks;

b) Semi-public educational establishments: set up by the State on the basis of mobilizing organizations and individuals of all economic sectors to jointly invest in the construction of material foundations;

c) People-founded educational establishments: social organizations, socio-professional organizations and/or economic organizations apply for their setting up and invest therein with non- State budget capital;

d) Private educational establishments: individuals or groups of individuals apply for their setting up and invest therein by themselves.

The semi-public, people-founded and private educational establishments are referred collectively to as non-public educational establishments.

Article 14.- Types of university

1. Types of university include tertiary education institutions, universities, institutes.

2. The specific organizational structures of university types stated in Clause 1 of this Article are stipulated in the Statute of University.

Article 15.- The school statutes, the regulations on school organization and operation

1. The school statutes are legal documents having the contents prescribed in Clause 2, Article 48 of the Education Law, which commonly apply to schools of an education level, an education grade, a training degree of all types prescribed in Article 13 of this Decree.

The Prime Minister shall promulgate the University Statute.

The Ministry of Education and Training shall promulgate Statutes of colleges, vocational secondary schools, basic and general secondary schools, the primary schools, the pre-school education institutions.

The Ministry of Labor, War Invalids and Social Affairs shall promulgate the Statute of job-training schools.

2. The school organization and operation regulations include stipulations supplementing and concretizing the school statute for application to one or several types of school or to a school.

The Prime Minister shall promulgate the Regulation on organization and operation of non-public universities; promulgate the Regulation on organization and operation of a number of specific universities when necessary.

The Ministry of Education and Training shall promulgate the Regulations on organization and operation of non-public colleges, vocational secondary schools, general education schools, pre-school education institutions and particular specialized education schools.

The Ministry of Labor, War Invalids and Social Affairs shall promulgate the Regulation on organization and operation of non-public job-training schools.

3. The educational establishments of foreign organizations and individuals, international organizations and overseas Vietnamese, which are based on the Vietnamese territory shall comply with the Governments separate stipulations.

Article 16.- Networks of schools and other educational establishments

1. The provincial-level Peoples Committees shall have to plan the networks of pre-school education, general education, vocational secondary and job-training establishments then submit them to the Peoples Councils of the same level for approval. The planning on the networks of pre-school education, general education, professional secondary education and job training establishments must be based on the natural, social and economic conditions, the learning demand as well as the educational development level and ensure the following principles:

a) Each commune, ward or district town (hereinafter referred collectively to as commune) shall have at least one primary school; one kindergarten, pre-school institution, depending on its specific conditions;

b) Each commune or group of communes shall have one basic secondary school; may have several basic secondary schools, depending on its specific conditions;

c) Each rural district, urban district, provincial town or city (hereinafter referred collectively to as district) shall have at least one general secondary school; may have a job-training school, job-training center, the general technical- vocational guidance center, regular education center of its own;

d) Each province or centrally-run city (hereinafter referred to as province) shall have at least one vocational secondary school; or one job-training school, or a vocational secondary-cum job-training school, a regular education center of its own.

2. The Ministry of Education and Training shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment and concerned agencies in elaborating the planning on the college and university networks, implementing the strategy on educational and training development, scientific and technological development, meeting the countrys human resource development requirements and serving the socio- economic development strategy; ensuring the balance in regional structure, level structure, the branch and occupation structure of the tertiary education system, then submit them to the Prime Minister for approval.

3. Basing themselves on the provisions in Clauses 1 and 2 of this Article, the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall coordinate with the concerned ministries and branches in drawing up and organizing the implementation of the plans for construction and development of centrally-run schools; the provincial-level Peoples Committees shall draw up and organize the implementation of plans for construction and development of locally-run educational establishments.

Article 17.- Building school networks in regions facing particularly difficult socio-economic conditions

1. The Peoples Committees of all levels in regions facing particularly difficult socio-economic conditions, shall, according to their competence prescribed in Article 47 of the Education Law, have to strengthen the existing boarding and semi-boarding general education schools for ethnic minority pupils; rationally expand the networks of boarding and semi-boarding general education schools for ethnic minority pupils in areas where conditions permit in order to satisfy the study demand of ethnic minority and mountainous children.

2. The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall have to coordinate with the concerned ministries and branches in guiding the provincial-level Peoples Committees to draw up and implement the plannings on the networks of vocational secondary schools, job-training schools in regions facing particularly difficult socio-economic conditions, strengthen the existing pre-university institutions or open the pre-university entrance classes in universities exclusively for pupils of regions facing particularly difficult socio-economic conditions.

Article 18.- Conditions for school founding

A school shall be considered for its establishment when it has a plan ensuring the following conditions:

1. Being in line with the planning on school network.

2. Its educational objectives, programs, plans and scale conform to the orientation for educational development of the corresponding education level, grade and training degree.

3. It meets the primary conditions on the contingent of administrators and teachers, technical material foundation, financial capability as prescribed by the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs (for job-training schools) and the Finance Ministry.

Article 19.- Procedures for establishment of colleges, universities

1. The dossier of application for school establishment includes:

a) The application for school establishment;

b) The plan on school establishment according to the provisions in Article 18 of this Decree. The principal contents of the plan shall include:

– The demand for school establishment and compatibility with the school network planning;

– The schools training objectives and scale;

– The schools capability to satisfy the socio-economic development requirements;

– The legal status, financial capability and material base conditions of the organization or individual applying for the school establishment;

– The capability and plan for development of the contingent of administrators and teachers;

– The land area for school construction.

c) The competent bodies documents certifying the financial capability and technical-material base conditions of the organization or individual applying for school establishment; dossiers certifying the land use right or the competent bodies written agreement on land assignment for school construction;

d) Resume of the person expected to be the schools principal; the list of cadres, lecturers, personnel.

2. Competence to receive and appraise dossiers of application for school establishment is stipulated as follows:

The Ministry of Education and Training shall receive the dossiers, assume the prime responsibility and coordinate with the concerned ministries and branches as well as the provincial-level Peoples Committees of the localities where the schools are to be based in organizing the appraisal; consider and decide on the establishment of colleges; submit to the Prime Minister for consideration and decision the establishment of universities.

3. Appraisal time limits:

a) For the establishment of universities: Within 120 days after the receipt of complete and valid dossiers, the Ministry of Education and Training shall have to submit them to the Prime Minister for consideration; notify in writing the results to the applying organizations or individuals;

b) For the establishment of colleges: Within 90 days after the receipt of complete and valid dossiers, the Ministry of Education and Training shall have to notify in writing the results to the applying organizations and individuals.

Article 20.- School merger, division and separation

1. The merger, division or separation of schools to set up new schools shall fall under the jurisdiction of the authorities that issue decisions on establishment of such schools.

2. The school merger, division and separation must ensure the following principles:

a) They conform to the school network planning;

b) They satisfy the socio-economic development requirements;

c) They ensure the interests of the learners;

d) They contribute to raising the educational quality and efficiency.

3. The procedures for merger, division and separation of colleges, universities to set up new schools shall comply with the provisions in Article 19 of this Decree. The procedures for merger, division and separation of pre-school institutions, general education schools, vocational secondary schools shall be prescribed by the Ministry of Education and Training; for the job-training schools, such procedures shall be prescribed by the Ministry of Labor, War Invalids and Social Affairs.

Article 21.- Suspension of school operation

1. A school shall be suspended from operation in the following cases where:

a) It seriously breaches the regulations on organization and operation of schools;

b) It fails to meet the conditions on material foundations and teachers contingent in order to ensure the teaching quality;

c) It seriously breaches the regulations on educational objectives, plans and programs as well as the professional regulations, the regulations on examinations, diploma and certificate granting.

2. The procedures for suspension of school operation:

a) The educational inspectors shall conduct inspection and make proposals to the educational administration bodies;

b) The educational administration bodies shall organize the appraisal, gather opinions of concerned units and report the cases to the competent authorities for decision on the suspension of school operation according to the provisions in Clause 2, Article 47 of the Education Law.

3. The decisions on suspension of school operation must clearly prescribe the suspension duration, problems to be solved; measures to ensure the interests of teachers and learners; the request for examination and evaluation before deciding the resumption of the school operation.

4. The suspension of operation of a faculty, branch or educational mode in schools shall also comply with the provisions in Clauses 1, 2 and 3 of this Article.

Article 22.- Dissolution of schools

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

a) Its educational objectives are no longer compatible with the socio-economic development requirements;

b) It fails to overcome its shortcomings and weakness after a period of being suspended from operation and it has no feasible plans for reorganization and restructure of the school;

c) It is so proposed by its founding organization or individual.

2. The procedures for school dissolution:

a) The competent educational inspectors shall conduct the inspections and make proposals to the educational administration bodies;

b) The educational administration bodies shall make the appraisal and work out plans for the school dissolution on the basis of ensuring the interests of teachers and learners and fulfill the financial obligations according to the provisions of law, and submit the cases to the competent authorities for deciding the school dissolution according to the provisions in Article 47 of the Education Law.

Article 23.- Establishment, merger, division, separation, operation suspension and dissolution of other educational establishments for pre-school education, general education, vocational education and informal education

1. The Ministry of Education and Training shall specify the conditions, procedures and competence to decide the establishment, merger, division, separation, operation suspension and dissolution of other educational establishments for pre-school education, general education, vocational secondary education and non-formal education.

2. The Ministry of Labor, War Invalids and Social Affairs shall specify the conditions, procedures and competence to decide the founding, merger, division, separation, operation suspension and dissolution of other educational establishments for job-training.

Article 24.- Tasks, powers, organization and operation of other educational establishments

1. The other educational establishments shall have the following tasks and powers:

a) To organize teaching and learning according to the educational objectives and programs guided by the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs;

b) To manage their teachers, officials and employees;

c) To manage their learners;

d) To manage and use the assigned material and technical facilities according to the provisions of law;

e) To perform other tasks and exercise other powers according to the provisions of law.

2. Scientific research institutes, when assigned tasks by the Prime Minister to coordinate with universities in organizing the master degree training as provided for at Point c, Clause 1, Article 38 of the Education Law, are entitled to manage and use the training funding; sign contracts with universities for coordinated elaboration of training programs and teaching plans, the compilation of teaching materials, the use of material bases and equipment, enrolment, organization of training;

3. The Ministry of Education and Training shall promulgate the regulation on organization and operation of regular education centers, the general technical-vocational centers, prescribe the principles for organization and operation of crèches, baby-sitters groups and independent classes for general education, vocational secondary education and non-formal education.

4. The Ministry of Labor, War Invalids and Social Affairs shall promulgate the Regulation on organization and operation of job-training center, job-training classes.

Article 25.- Technical and material foundations of schools and other educational establishments

1. The arrangement of school location and projects near schools as well as the construction and use of school equipment and facilities must ensure safety for learners, teachers, officials and employees of schools and not adversely affect the educational environment.

2. The Ministry of Education and Training shall stipulate the criteria on technical and material conditions for pre-school and general education establishments, regular education centers, vocational secondary schools, colleges.

The Ministry of Labor, War Invalids and Social Affairs shall stipulate the criteria on technical and material conditions for job-training establishments.

Article 26.- Management of land and property of schools and other educational establishments

1. Land and property assigned by the State to schools and other educational establishments for management and use all belong to the State ownership and must be managed and used according to the provisions of law.

The property managed by schools or other educational establishments shall be used only for educational, research, development and application activities according to the provisions of the statute of schools, the regulations on organization and operation of educational establishments.

2. For non-public educational establishments, the State recognizes and protects their ownership over property, investment capital, income and other legitimate rights and interests of investors according to the provisions of the Domestic Investment Promotion Law (amended).

Chapter IV

PROVISIONS ON RECRUITMENT, GUEST-TEACHING AND COMMENDATION OF TEACHERS

Article 27.- Recruitment of teachers

1. The recruitment of teachers must ensure the criteria prescribed in Articles 61 and 67 of the Education Law. The Ministry of Education and Training shall assume the prime responsibility and coordinate with the Governments Commission for Organization and Personnel in promulgating the regulation on procedures for recruitment of teachers into educational establishments.

For teachers who have been recruited before this Decree takes effect and have not reached the standard levels, the Ministry of Education and Training, the educational administration bodies and the schools shall work out plans and take measures for fostering such teachers so that they can reach the prescribed standards.

2. The Prime Minister shall have separate regulations on guest-teachings in Vietnam by overseas Vietnamese and/or foreigners.

Article 28.- Payrolls of status teachers

1. The payroll of status teachers in pre-school education, general education and vocational education establishments shall include teachers, main teachers, senior teachers.

The payroll of status teachers at tertiary and post-graduate education establishments shall include lecturers, main lecturers, associate professors and professors.

2. The Governments Commission for Organization and Personnel shall assume the prime responsibility and coordinate with the Ministry of Education and Training as well as the concerned ministries and branches in submitting to the Government the regulation on the staff of public and semi-public schools, and the criteria of the payroll provided for in Clause 1 of this Article.

Article 29.- Pedagogic fostering for persons who have not yet gone through pedagogic training

1. Graduates from job-training schools, vocational secondary schools, colleges and universities, who have not gone through pedagogic training to become teachers, must be fostered in pedagogic profession.

The Ministry of Education and Training shall assume the prime responsibility and coordinate with the concerned ministries and branches in prescribing the requirements on the contents, methods, forms and duration for pedagogic training.

The Ministry of Education and Training shall define the educational establishments which may organize the fostering and grant the pedagogic profession certificates.

2. Those who are sent to pedagogic fostering courses shall enjoy full pay and allowances like teachers who attend various professional fostering classes.

Article 30.- Guest-teaching

1. Teachers, scientific, technical, cultural, art, physical training and sports cadres working in organizations outside the educational service or have already retired, if meeting the criteria prescribed in Clause 2, Article 61 of the Education Law, shall be invited for guest-teaching.

2. The Ministry of Education and Training shall promulgate the Regulation on Guest- Teaching based on the provisions of the Education Law.

Article 31.- Titles of the Peoples Teacher, the Emiratus Teacher; Medal for Educational Cause; title of Honorary Doctor

1. The conferment of titles of the Peoples Teacher and the Emiratus Teacher shall comply with the provisions of the May 30, 1985 Ordinance defining the noble titles to be awarded to artists, teachers, medical doctors; Decision No. 670/HDNN of November 19, 1985 of the State Council and Decree No. 52/HDBT of April 26, 1986 of the Council of Ministers (now the Government).

2. Those who record many achievements, contributing to the cause of education shall be considered for the award of the Medal for Educational Cause.

3. The conferment of the Honorary Doctor title shall comply with the following regulations:

a) Tertiary education and post-graduate education establishments which are assigned the task of doctoral training shall be entitled to confer the Honorary Doctor title. The conferment is made after the written consent of the Ministry of Education and Training is obtained.

b) The conferment of the Honorary Doctor title on foreign politicians and/or social activists with inter-national prestige must be permitted by the Prime Minister.

Chapter V

POLICIES TOWARDS LEARNERS

Article 32.- Learning subjects entitled to policies of priority and preferences

1. Learners, who are given priority in enrolment, graduation consideration, scholarship granting, school fee and other contribution exemption, shall include the following subjects:

a) War invalids, diseased soldiers, war invalid- like beneficiaries of social policies;

b) Armed Force Heroes, Labor Heroes, persons with outstanding achievements in labor, production and combat;

c) Ethnic minority people; people living in areas facing particularly difficult socio-economic conditions;

d) Children of war martyrs, war invalids, diseased soldiers, children of war invalid- like policy beneficiaries, children of Vietnam Mother Heroes, children of Armed Force Heroes, children of Labor Heroes.

2. Learners whose families (fathers, mothers, spouse) fall in the category of poor and hungry households under the States regulations; disabled persons, supportless orphans shall be considered for scholarship granting, exemption or reduction of school fees and other contributions.

3. The Prime Minister shall stipulate the granting of policy scholarships and social allowances as well as the school fee exemption for the subjects prescribed in Clauses 1 and 2 of this Article. The Ministry of Education and Training shall stipulate the priority in enrolment and graduation consideration given to the subjects prescribed in Clause 1 of this.

Article 33.- Study promotion scholarship

1. The Prime Minister shall prescribe the eligible subjects, criteria, level and granting procedures of the States study promotion scholarships.

2. The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs in guiding the quotas reserved for study promotion scholarship funds in the total annual State budget expenditures of educational establishments.

Article 34.- Rights of and policies towards children at pre-school education establishments

1. Children at pre-school education establishments have the following rights:

a) To be cared for, nurtured and educated according to the pre-school education objectives, programs and plans of the Ministry of Education and Training;

b) To be given periodical health checks, primary health care, free medical examination and treatment at State-run health establishments;

c) To enjoy reduction of charges for public-entertainment and recreation services.

2. The Ministry of Education and Training shall assume the prime responsibility and coordinate with the concerned agencies in working out policies towards children at pre-school education establishments and submit them to the Government for promulgation.

Article 35.- Creating conditions for gifted learners to study

1. The educational establishments shall have to discover and foster gifted learners and create favorable conditions for them to develop their talents on the basis of ensuring the all-sided education.

2. The Ministry of Culture and Information shall assume the prime responsibility and coordinate with the Ministry of Education and Training in managing schools and classes for pupils gifted in arts; the Commission for Physical Training and Sports shall assume the prime responsibility and coordinate with the Ministry of Education and Training in managing schools and classes for pupils gifted in physical training and sports.

3. In schools and classes for pupils gifted in arts or physical training and sports, the general education can be organized from the primary level. The Ministry of Education and Training shall coordinate with concerned ministries and branches in specifying the educational programs, training time, enrolment and graduation examinations in a manner suitable to the quality requirements and particular conditions of the specialized training.

Article 36.- Creating conditions for disabled people to study

1. Learners being disabled persons shall be considered by the schools for exemption or reduction of school fees and other contributions; enjoy social allowances and be considered for scholarship grant as prescribed.

2. Learners being disabled persons may study at exclusive or mixed schools and classes.

The Ministry of Education and Training shall stipulate the admission of disabled persons in mixed classes at educational establishments in the national education system.

Article 37.- Public-service charge exemption or reduction for pupils and students

The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Education and Training as well as concerned ministries and branches in promulgating the regulations a charge exemption and reduction for pupils and students when they use public services in healthcare, communications, entertainment, or visit museums, historical relics and cultural works.

Article 38.- The States policies of preferences for learners in regions facing particularly difficult socio-economic conditions

1. Pupils of general education establishments in regions facing particularly difficult socio-economic conditions shall be exempt from school fees, granted text books and school materials as provided for by the Ministry of Education and Training.

2. Children of ethnic minority people in regions facing particularly difficult socio-economic conditions, if meeting all prescribed conditions and criteria, shall be sent by the local administration to study according to the nomination and selection regime prescribed in Article 78 of the Education Law.

The Ministry of Education and Training shall assume the prime responsibility and coordinate with concerned ministries and branches in elaborating and promulgating the Regulation on nomination and selection regime.

Article 39.- Commendation of learners

The Ministry of Education and Training shall promulgate the regulations on criteria and procedures for the assessment of the results of learners study and self-training as well as forms of incentives and commendation for learners; assume the prime responsibility and coordinate with the Finance Ministry in submitting to the Prime Minister the regulations on regime of commendation for pupils and students who have won prizes at domestic or international competitions for excellent pupils and students.

Chapter VI

ENSURING FINANCIAL CONDITIONS FOR EDUCATION

Article 40.- Allocation and management of State budget expenditures on education

1. The Ministry of Education and Training shall coordinate with the Ministry of Planning and Investment and the Finance Ministry in allocating State budget expenditures on education according to the principles prescribed in Clause 2, Article 89 of the Education Law.

The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the Ministry of Planning and Investment and the Finance Ministry in allocating the State budget expenditures for vocational training.

2. The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall manage the allocated education budgets and other sources of revenues according to the provisions of law; coordinate with the Finance Ministry in preparing annual reports on the use of education budgets for submission to the National Assembly by the Government.

3. The Peoples Committees of all levels shall have to manage and use the assigned education budgets for the right purposes. Annually, the provincial-level Peoples Committees, the ministries, branches and concerned training establishments shall report to the Finance Ministry, the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs on the implementation of the assigned budget portions spent on education and vocational training.

Article 41.- Responsibility of the Peoples Committees of all levels for the preservation of budgets allocated for educational activities in their localities

The Peoples Committees of all levels shall have to take initiative in balancing their revenue sources for supplement to the education budgets in their localities, ensuring that the level of per-learner educational expenditure implemented in the localities not lower than the level prescribed by the central Government.

Article 42.- School fees, recuitment fees, pecuniary contributions to school building

1. The Ministry of Education and Training shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs and concerned agencies in submitting to the Prime Minister the school fee brackets for various school types. The school fee collection and use shall comply with the Prime Ministers decisions.

2. The collection of recruitment fees prescribed in Clause 1, Article 92 of the Education Law shall be carried out according to the principle of collecting them to cover reasonable expenses for the recruitment work and shall be managed according to the current financial regime.

The provincial-level Peoples Committees shall propose the Peoples Councils of the same level to stipulate the specific recruitment fee collection levels for each kind of recruit subjects at educational establishments under the local management.

The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Education and Training in stipulating the specific recruitment fee collection level for each kind of recruit subjects at educational establishments under the central management.

3. The collection of pecuniary contributions to the building of pre-school education or general education establishments shall comply with the provisions in Clause 2, Article 92 of the Education Law.

The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Education and Training as well as the concerned agencies in submitting to the Prime Minister the basic principles for effecting and managing such collection.

Article 43.- Revenue from scientific research, technology transfer, production and business activities of schools

1. The vocational secondary schools, colleges and universities shall have to take initiative in carrying out activities of scientific research, scientific-service provision, technology transfer, production and business according to the provisions in Article 54 of the Education Law.

2. Revenues from the above-mentioned activities, after subtracting the reasonable expenses, shall be used by the schools to consolidate their technical material bases for raising the quality of teaching, scientific research, social service, and at the same time providing support for scientific research and productive labor activities.

Article 44.- Education Credit Fund, Study Promotion Fund, Education Support Fund

1. The Education Credit Funds shall be set up to provide loans at preferential interest rates to pupils and students studying at job-training schools, vocational secondary schools, colleges and universities. The Funds operate for non-profit purposes according to the regulations of the Prime Minister.

2. The Study Promotion Funds and the Education Support Funds are social funds set up under the provisions of Article 115 of the Civil Code. The State encourages organizations and individuals to set up Study Promotion Funds and Education Support Fund according to the principle of voluntariness, which operate for non-profit purposes with a view to providing support for the national cause of educational development. The Finance Ministry shall coordinate with the Ministry of Education and Training in promulgating the Regulation on establishment and operation of these funds.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 45.- Implementation provisions

1. This Decree takes effect 15 days after its signing.

People who have been recruited for special training courses or professional secondary schools before this Decree takes effect shall continue their study till the end of the study courses and programs. They shall be granted graduation diplomas of special training courses or vocational training courses.

Scientific research institutes which have recruited students for master-degree training before this Decree takes effect shall continue to organize the training until the end of the training programs or courses. The Minister of Education and Training shall guide the organization of graduation thesis defenses and grant the master degree to the graduates of these study courses.

The previous regulations contrary to this Decree shall all be annulled.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the Peoples Committees of the provinces and centrally-run cities and concerned agencies shall have to implement this Decree.

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER

Phan Van Khai

 

 

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