Circular No. 01/2016/TT-BGDĐT Issuing the Regulation on the Organization and Operation of Boarding Schools for Ethnic Minorities

CIRCULAR

Issuing the Regulation on the organization and operation of boarding schools for ethnic minorities

Pursuant to the Education Law on June 14, 2005; the Law Amending and Supplementing Certain Articles of the Education Law on November 25, 2009;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government amending Point b Clause 13 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

Pursuant to Decree No. 115/2010/NĐ-CP dated December 24, 2010 of the Government stipulating responsibilities for state management of education;

Pursuant to Circular Jointly issued No. 11/2015/TTLT-BGDĐT-BNV dated May 29, 2015 of the Ministry of Education and Training and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the Department of Education and Training under the People's Committee of provinces and centrally governed cities, the Department of Education and Training under the People's Committee of districts, urban districts, towns under provinces;

At the proposal of the Director of the Ethnic Education Department,

The Minister of Education and Training issues this Circular on the Regulation on organization and operation of boarding schools for ethnic minorities.

Article 1. This Circular sets forth the Regulation on organization and operation of boarding schools for ethnic minorities.

Article 2. This Circular shall take effect from March 2, 2016.

This Circular replaces Decision No. 49/2008/QĐ-BGDĐT dated August 25, 2008 of the Minister of Education and Training promulgating the Regulation on the organization and operation of boarding schools for ethnic minorities and Circular No. 06/2009/TT-BGDĐT dated March 31, 2009 of the Minister of Education and Training amending and supplementing Articles 10 and 13 of the Regulation on the organization and operation of boarding schools for ethnic minorities.

Article 3. The Head of the Office, the Director of the Ethnic Education Department, Heads of units related to the Ministry of Education and Training, Heads of Ministries with educational institutions implementing training for students in the ethnic minority boarding school system, Chairmen of the People's Committees of provinces and centrally governed cities, Directors of Departments of Education and Training, Principals of boarding schools for ethnic minorities, Vietnam North High School, Friendship 80 and Friendship T78 are responsible for implementing this Circular.

 

REGULATIONS

ORGANIZATION AND OPERATION OF THE SCHOOL ETHNIC MINORITY BOARDING SCHOOLS

(Issued together with Circular No. 01/2016/TT-BGDĐT dated 1January 5, 2016 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Regulation stipulates the organization and operation of ethnic minority boarding schools (hereinafter referred to as PTDTNT), including: organization and management of the school; duties, powers of the principal, vice-principal, teachers, staff, and students; admission and organization of educational activities.

2. This Regulation applies to PTDTNT schools, organizations, and individuals related thereto.

Vietnam North High School, Friendship 80 and Friendship T78, educational institutions training students in the PTDTNT system under ministries may apply this Regulation to organize educational activities within their schools.

3. PTDTNT schools are organized and operate according to the provisions of the Charter of secondary schools, high schools, and multi-grade schools (hereinafter referred to as the Charter of secondary schools) and the provisions of this Regulation.

Article 2. Objectives, roles, and nature of boarding schools for ethnic minorities

1. Boarding schools for ethnic minorities (PTDTNT) are established by the State for children of ethnic minority groups and families permanently residing in areas with particularly difficult socio-economic conditions to contribute to training cadres and quality human resources for these regions.

2. PTDTNT plays an important role in the development of the economy and society and in consolidating national defense and security in mountainous areas and ethnic minority regions.

3. PTDTNT is a specialized type of general education school with ethnic and boarding characteristics.

Article 3. Tasks of boarding schools for ethnic minorities

PTDTNT fulfills the tasks of secondary schools as stipulated in the current Secondary School Regulations and the following tasks:

1. Admitting students according to the assigned targets and quotas annually.

2. Educating students about the Party's and State's policies on ethnic affairs; the cultural identity and fine traditions of Vietnamese ethnic groups; and awareness of participating in economic and social development in difficult regions after graduation.

3. Educating life skills and social activity skills suitable for PTDTNT students.

4. Educating labor, vocational guidance, and traditional trades suitable to the capabilities of students and the requirements of local economic and social development.

5. Organizing residential work for students, ensuring that all students of the school reside and eat on campus.

6. Monitoring and statistically recording the number of graduates each year who continue their studies at higher levels or return to their home regions to participate in work and production activities, thereby formulating solutions to improve educational quality and effectiveness.

Article 4. System of boarding schools for ethnic minorities

1. The system of PTDTNT includes:

a) County-level PTDTNT training junior high school (THCS) level established in mountainous, island, and ethnic regions;

b) Provincial-level PTDTNT training senior high school (THPT) level established in provinces and centrally-administered cities.

2. In cases where it is necessary to create sources of cadres from ethnic minority children in areas with particularly difficult socio-economic conditions, the People's Committee of the province or centrally-administered city (hereinafter referred to collectively as the provincial People's Committee) may assign county-level PTDTNT to train both THPT levels; the competent ministry may assign educational institutions under its jurisdiction to train both general education and preparatory university programs for PTDTNT students.

Article 5. School name and school signboard

1. Naming PTDTNT follows the provisions below:

a) For county-level schools:

PTDTNT + grade level + specific name (if any) + name of the county administrative unit.

b) For provincial-level schools:

PTDTNT + grade level + specific name (if any) + name of the provincial administrative unit.

2. The school name is recorded in the establishment decision, school signboard, seal, and transaction documents.

3. The school signboard shall include the following contents:

a) Top left corner:

- For county-level PTDTNT training junior high school (THCS):

+ First line: People's Committee of the county (district, town, city) under the province and the name of the county (district, town, city) under the province;

+ Second line: Department of Education and Training.

- For provincial-level PTDTNT and county-level PTDTNT (with THPT):

+ First line: People's Committee of the province, centrally-administered city and the name of the province, centrally-administered city under the central government;

+ Second line: Department of Education and Training.

b) Centered is the school name as prescribed in Clause 1 of this Article.

c) At the bottom is the school address and phone number.

Article 6. Material and Equipment of Boarding Schools for Ethnic Minorities

Boarding schools for ethnic minorities shall have material and equipment in accordance with the current regulations of secondary school charter and ensure the criteria of national standard schools, in addition to the following items:

1. Dormitory area with a minimum usage area of 6m²/student.

2. Dormitory rooms, student dining hall, and accompanying facilities.

3. Housing for teachers.

4. Cultural and educational activity house for ethnic minorities with accompanying facilities.

5. Classrooms and vocational education equipment, general secondary education equipment, and traditional trades suitable for local conditions.

Article 7. Preferential Policies for Boarding Schools for Ethnic Minorities

1. Boarding schools for ethnic minorities shall be prioritized for investment in material and equipment, teacher and staff allocation, and budget to ensure the implementation of educational programs, contents, special educational contents, teaching, caring, nurturing, and educating students.

2. Management officials, teachers, staff, and students of boarding schools for ethnic minorities shall enjoy preferential policies as prescribed by the State.

3. The provincial People's Committee shall specify additional preferential policies for boarding schools for ethnic minorities (if any); the district People's Committee shall specify support measures for investment in material and equipment, funding for teachers and students, and educational activities of the school (if any).

Chapter II

ORGANIZATION AND MANAGEMENT OF THE SCHOOL

Article 8. Conditions for Establishment and Permission to Operate Education

1. A boarding school for ethnic minorities shall be established when it meets the following conditions:

a) There is a school establishment project consistent with the socio-economic development plan and the educational institution network planning approved by the competent authority;

b) The school establishment project clearly defines the objectives, tasks, curriculum, and educational content; land, material and equipment, proposed construction site, organizational structure, resources, and finance; strategic direction for building and developing the school.

2. A boarding school for ethnic minorities shall be permitted to operate education when it meets the following conditions:

a) There is a decision to establish the school;

b) There is land, material and equipment in accordance with the current secondary school charter and Article 6 of this Regulation;

c) The school location ensures an educational environment and safety for students, teachers, officials, and staff;

d) There is an appropriate curriculum and teaching materials for each level of education as prescribed;

đ) There is a teaching staff and management team meeting the quality standards and training qualifications stipulated by the Education Law for the respective level of education; sufficient in number according to the structure of teacher types to implement the educational program and organize educational activities;

e) There are adequate financial resources as prescribed to ensure the maintenance and development of educational activities;

g) There is a Charter on the organization and operation of the school.

Article 9. Authority to Establish and Permit Operation of Education

1. The Chairman of the Provincial People's Committee decides on the establishment of provincial-level and district-level boarding schools for ethnic minorities.

2. The Director of the Department of Education and Training decides on permission to operate education for provincial-level and district-level boarding schools for ethnic minorities (with high school level). The District Education and Training Office Director decides on permission to operate education for district-level boarding schools for ethnic minorities training junior high school level.

Article 10. Documents and procedures for establishing and permitting operations of boarding schools for ethnic minorities

1. The documents for requesting establishment of a boarding school for ethnic minorities include the documents stipulated in the current Charter of Secondary Schools.

2. Procedures and formalities for establishing a boarding school for ethnic minorities

a) The Department of Education and Training shall take the lead in drafting the project and coordinate with relevant agencies to review the contents prescribed in Clause 1 of Article 8 of this Regulation and prepare the documents as prescribed in Clause 1 of this Article to request the Provincial People's Committee to issue a decision on establishment.

b) The Provincial People's Committee shall accept the documents, examine the conditions for establishment as prescribed in Clause 1 of Article 8 of this Regulation. Within twenty working days from the date of receiving complete valid documents, the Provincial People's Committee shall issue a decision on establishment of the boarding school for ethnic minorities. In case of not deciding to establish the school, the Provincial People's Committee shall issue a document to inform the competent authorities of the reasons and solutions.

3. The documents for requesting permission to operate educational activities include the documents stipulated in the current Charter of Secondary Schools.

4. Procedures and formalities for permitting operation of educational activities

a) The boarding school for ethnic minorities shall prepare the documents for requesting permission to operate educational activities as prescribed in Clause 3 of this Article;

b) The District Office of Education and Training (for district-level boarding schools training junior secondary level), the Department of Education and Training (for provincial-level boarding schools and district-level boarding schools training senior secondary level) shall accept the documents, examine the conditions for being permitted to operate educational activities as prescribed in Clause 2 of Article 8 of this Regulation.

Within twenty working days from the date of receiving complete valid documents, the Director of the District Office of Education and Training (for district-level boarding schools only training junior secondary level), the Director of the Department of Education and Training (for provincial-level boarding schools and district-level boarding schools training senior secondary level) shall issue a decision allowing the school to organize educational activities. In case of not deciding to allow operation of educational activities, the competent authority for permitting operation of educational activities shall issue a document to inform the school of the reasons and solutions.

Article 11. Merger, division, separation, dissolution; suspension of educational activities of boarding schools for ethnic minorities

1. The merger, division, separation, dissolution, and suspension of educational activities of boarding schools for ethnic minorities shall be carried out according to the provisions of the current Charter of Secondary Schools.

2. The authority that decides on establishment has the authority to decide on the merger, division, separation, and dissolution of boarding schools for ethnic minorities.

3. The authority that permits operation of educational activities has the authority to decide on the suspension of educational activities of the school.

Article 12. Organizational structure of boarding schools for ethnic minorities

1. In addition to the departments stipulated in the current Charter of Secondary Schools, a boarding school for ethnic minorities may establish up to three additional departments to implement special educational tasks such as: management of resident students; care and nutrition for resident students; psychological counseling and life skills education for resident students. The establishment of these departments shall be decided by the school principal.

2. Each class of a boarding school for ethnic minorities shall have no more than thirty-five students.

Article 13. Management Levels

1. The Department of Education and Training assists the Provincial People's Committee in managing provincial-level and district-level boarding schools for ethnic minority students (with high school level).

2. The District Education and Training Office assists the District People's Committee in managing district-level boarding schools for ethnic minority students training at the junior high school level.

3. Educational institutions under ministries directly managed by the ministries (ministries manage organizational structure, personnel, and finance; the Department of Education and Training manages professional matters for educational institutions located in areas with high school level training; the District Education and Training Office manages professional matters for educational institutions located in areas only providing junior high school level training).

Chapter III

DUTIES AND LIMITS OF THE PRINCIPAL,

DEPUTY PRINCIPAL, TEACHERS, STAFF, AND STUDENTS

Article 14. Duties and powers of the principal and deputy principal

In addition to the duties and powers stipulated in the current regulations of secondary schools, the principal and deputy principal of boarding schools for ethnic minority students also have the following duties and powers:

1. To thoroughly understand the Party and State’s policies on ethnic minorities.

2. To organize the implementation of the school's tasks as specified in Article 3 of this Regulation.

3. Actively study the culture, language, customs, traditions, and psychological characteristics of ethnic minority students in the locality.

4. Organize the implementation of programs and educational activities suitable for ethnic minority boarding school students.

5. Coordinate with local authorities, mass organizations, and social organizations in managing, nurturing, and caring for the health of students.

6. Receive professional development in specialized fields, vocational skills, and educational methods for ethnic minority boarding school students, and enjoy preferential benefits as prescribed by the State.

Article 15. Duties and powers of teachers

In addition to the duties and powers stipulated in the current regulations of secondary schools, teachers of boarding schools for ethnic minority students have the following duties and powers:

1. Adhere to the assignments of the principal and deputy principal in organizing the implementation of the tasks of the boarding school for ethnic minority students as specified in Clause 3 of this Regulation.

2. Study and educate students about the Party and State’s policies on ethnic minorities.

3. Actively study the culture, language, customs, traditions, and psychological characteristics of ethnic minority students in the locality.

4. Apply teaching methods, forms of teaching organization, and evaluation methods suitable for ethnic minority boarding school students; participate in managing and educating students outside regular class hours; tutor and provide supplementary instruction to students; guide students in self-study; organize labor and creative experience activities for students.

5. Receive professional development in specialized fields, vocational skills, and educational methods for ethnic minority boarding school students, and enjoy preferential benefits as prescribed by the State.

Article 16. Duties and powers of staff

Staff of boarding schools for ethnic minority students have the following duties and powers:

1. Adhere to the school's regulations and laws; implement the assignments of the principal in organizing the implementation of the tasks of the boarding school for ethnic minority students.

2. Actively study the culture, language, customs, traditions, and psychological characteristics of ethnic minority students in the locality; respect and love students.

3. Receive professional development in specialized fields, vocational skills, and educational methods for ethnic minority boarding school students, and enjoy benefits as prescribed by the State.

Article 17. Duties and powers of students

In addition to the duties and powers of students stipulated in the current regulations of secondary schools, students of boarding schools for ethnic minority students also have the following duties and powers:

1. Preserve the cultural identity of their own ethnic group and respect the cultures of other ethnic groups.

2. Strictly adhere to the assignment to study specific subjects and work according to the requirements of the locality.

3. Live, eat, and reside in the dormitory area and enjoy preferential benefits as prescribed by the State.

Chapter IV

ADMISSION AND ORGANIZATION OF EDUCATIONAL ACTIVITIES

Article 18. Admissions Objectives

1. Young people and teenagers who are members of ethnic minorities with permanent residence registration and have resided for at least three years (as of the date of admission) in areas with particularly difficult socio-economic conditions as currently defined.

2. Young people and teenagers who are members of ethnic minorities not falling under the category specified in Clause 1 of this Article, if designated by the Provincial People's Committee as regions supplying cadres for ethnic groups, shall also be eligible for admission to Ethnic Minorities Boarding Schools.

3. Ethnic Minorities Boarding Schools are permitted to admit up to 5% of their annual new admissions quota consisting of children of Han Chinese ethnicity with permanent residence registration and having resided for at least three years (as of the date of admission) in the areas specified in Clause 1 of this Article.

Article 19. Admission Conditions and Application Documents

1. Admission conditions

a) Belonging to the admission objectives as stipulated in Article 18 of this Regulation;

b) Within the prescribed age range.

2. Application materials

a) Birth certificate (certified copy presented alongside the original for verification, or certified copy from the original record, or certified copy with authentication;)

b) Household registration book (certified copy presented alongside the original for verification, or certified copy from the original record, or certified copy with authentication; in case of loss of the household registration book, a confirmation of household registration issued by the competent state authority at the local level must be provided);

c) Elementary school report card (for applications to junior high school), middle school report card (for applications to senior high school);

d) Junior high school graduation certificate or temporary junior high school graduation certificate or certified copy of the junior high school graduation certificate (for applications to senior high school);

đ) Certificate of preferential treatment and encouragement issued by the competent authority (if applicable).

Article 20. Admission Methods, Admission Plan, Direct Admission, and Preferential Treatment

1. Admission Methods

a) Junior high school admissions through examination-based selection;

b) Senior high school admissions through one of the following methods: examination-based selection, competitive examination, or a combination of competitive examination and examination-based selection.

2. Admission Plan and Organization

a) The Department of Education and Training shall develop an admission plan for provincial and district-level Ethnic Minorities Boarding Schools (with senior high school programs), to be submitted to the Provincial People's Committee for approval. The District Education and Training Office shall develop an admission plan for district-level Ethnic Minorities Boarding Schools (only with junior high school programs), to be submitted to the District People's Committee for approval. The admission plan shall include the following main contents: target group; area; quota; admission method; direct admission and preferential treatment; organization of admission work.

b) The Department of Education and Training shall organize admission work for provincial and district-level Ethnic Minorities Boarding Schools (with senior high school programs), and the District Education and Training Office shall organize admission work for district-level Ethnic Minorities Boarding Schools (only with junior high school programs) after the admission plan has been approved by the competent authority.

c) Educational institutions under ministries with Ethnic Minorities Programs shall develop an admission plan to be submitted to the respective ministry for approval and shall organize admission work after the admission plan has been approved.

3. Direct Admission and Preferential Treatment

a) Direct admission to Ethnic Minorities Boarding Schools for the following categories:

- Students belonging to ethnic minority groups with very small populations;

- Students belonging to ethnic minority groups as specified in Article 18 of this Regulation who have won national-level awards or higher in cultural, artistic, sports, and science and technology competitions for secondary school students.

b) Preferential Treatment

The Provincial People's Committee shall specify the categories and additional points for each type of beneficiary of preferential treatment.

Article 21. Implementation of educational programs and activities

The PTDTNT School implements the educational program and educational activities corresponding to the level of general education as stipulated in the current secondary school regulations, in addition to implementing special educational programs and activities as follows:

1. The PTDTNT School organizes two daily teaching sessions according to the guidelines of the Ministry of Education and Training. Based on the educational program and the academic year schedule, the school builds a teaching plan and organizes educational activities suitable for the school's conditions and student population.

2. Organizing and managing boarding students' nurturing and care work includes:

a) Providing collective dining services for students that ensure nutrition according to the scholarship regime provided, ensuring food safety as prescribed. Nurturing activities are conducted openly, democratically, respecting the progressive customs and traditions of ethnic groups;

b) Caring for the health of boarding students and educating them to take care of themselves;

c) Managing students within the school's boarding area; self-study outside regular class hours, experiential creative activities. Educating students to assist each other in their studies, build civilized living habits, maintain hygiene, and protect the environment.

3. Labor, cultural, artistic, and sports activities include:

a) Public welfare labor and increased production to improve students' living and learning conditions;

b) Cultural, artistic, and sports activities: musical and physical exercise activities, theme-based activities, sightseeing tours, festivals, ethnic holidays; cultural exchanges and other social activities aimed at fostering patriotism, moral values, lifestyle, preserving and promoting national cultural identity, eliminating outdated customs, contributing to the development and perfection of students' personalities.

4. Cooperating with vocational education institutions in the locality to organize vocational education according to students' needs, in line with local socio-economic development requirements.