Circular No. 04/2014/TT-BGDĐT Issuing Regulations on Managing Life Skills Education Activities and Extracurricular Education Activities

CIRCULAR

Issuing Regulations on Management of Life Skills Education Activities and Extracurricular Educational Activities

and extracurricular educational activities

_________________________

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. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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 Law on Education; 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 Law on Education; 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 Law on Education;

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

Considering the proposal of the Director of the Department of Continuing Education,

The Minister of Education and Training decides:

Article 1. These Regulations on Management of Life Skills Education Activities and Extracurricular Educational Activities are hereby promulgated together with this Circular.

Article 2. This Circular takes effect from April 15, 2014.

Article 3. The Head of the Office, the Director of the Department of Continuing Education, the Heads of relevant units under the Ministry of Education and Training; the Chairpersons of Provincial People's Committees and Municipal People's Committees directly under the Central Government; Directors of Departments of Education and Training; Directors of universities and academies; Principals of universities, colleges, and vocational secondary schools; organizations and individuals related to this matter shall be responsible for implementing this Circular.

 

 

REGULATIONS

Management of life skills education activities

and extracurricular educational activities
(Issued together with Circular No. 04/2014/TT-BGDĐT dated February 28, 2014 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This document stipulates the management of life skills education activities and extracurricular educational activities including: conditions; authority, files, procedures for issuing permits, registration confirmation, suspension, revocation of operating licenses; management responsibilities; inspection, supervision, and handling of violations.

2. This document applies to:

a) Kindergartens, groups of kindergartens; preschool classes, kindergarten schools, primary schools, middle schools, high schools, boarding schools for ethnic minorities, part-time schools for ethnic minorities, preparatory universities, specialized schools, talent schools, vocational secondary schools, colleges, and universities; continuing education centers, language and computer centers, and community learning centers (hereinafter referred to collectively as educational institutions) related to life skills education activities and extracurricular educational activities;

b) Enterprises established in accordance with the Enterprise Law that have registered to operate in the field of education; centers belonging to political-social organizations and occupational social organizations (hereinafter referred to collectively as units) related to life skills education activities and extracurricular educational activities at educational institutions.

Article 2. Life Skills Education Activities and Extracurricular Educational Activities

1. Life skills education activities as defined herein refer to educational activities aimed at helping learners form and develop positive and healthy habits, behaviors, and attitudes in dealing with personal life situations and participating in social life, thereby perfecting their character and better directing their personal development based on the foundation of living values.

2. Extracurricular educational activities as defined herein refer to educational activities that meet the needs of learners not included in the approved educational program and plan by competent authorities.

Article 3. Principles of Life Skills Education Activities and Extracurricular Educational Activities

1. Life skills education activities and extracurricular educational activities contribute to reinforcing and enhancing knowledge, skills, and character education for learners; they must be appropriate to the psychological characteristics of the learners and conform to Vietnamese customs and traditions.

2. Educational institutions are responsible for the content and quality of life skills education and extracurricular educational activities.

3. They shall not violate regulations on additional teaching and learning.

4. Learners participate voluntarily.

Chapter II

CONDITIONS FOR LIFE SKILLS EDUCATION ACTIVITIES AND EXTRACURRICULAR EDUCATIONAL ACTIVITIES

1. There must be classrooms and functional rooms with adequate lighting, meeting the requirements for school hygiene as prescribed.

4. There must be a restroom area, changing room, personal storage area for participants, first aid kit, and initial emergency equipment.

2. Teaching equipment must be safe, suitable for the teaching content, activities, and age group of the learners.

Article 5. Teachers, Reporters, Instructors

1. Must meet health conditions.

2. Must have good moral qualities; not currently under disciplinary action from a warning or higher level, and not being pursued for criminal responsibility.

3. Must hold a teaching qualification certificate; understand areas related to life skills or educational activities.

Article 6. Textbooks and Materials

There must be sufficient textbooks and materials issued or approved by the Ministry of Education and Training. If textbooks and materials are self-selected or self-developed, they must be approved by the competent authority granting permission to operate or the agency confirming registration of activities according to Article 7 and Article 8 of this Regulation; ensuring requirements and having content appropriate to Vietnamese customs and traditions, not contravening legal provisions.

AUTHORITY, FILES, PROCEDURES FOR GRANTING PERMISSION, CONFIRMING REGISTRATION, SUSPENDING, REVOKING LICENSES FOR LIFE SKILLS EDUCATION ACTIVITIES AND EXTRACURRICULAR EDUCATIONAL ACTIVITIES

Chapter III

Article 7. Authority, Files, Procedures for Granting Permission to Operate

1. Authority to grant permission to operate:

a) The Director of the Department of Education and Training grants permission to operate for units specified in point b, Clause 2, Article 1 of this Regulation;

b) The Rector of universities and colleges grants permission to operate for units within their schools within the school premises.

2. Application files for permission to operate include:

a) A request for permission to operate life skills education and extracurricular educational activities. The content of the request clearly states: objectives, tasks, training programs and contents; land, physical facilities, equipment, location, organizational structure, finance, and other resources; commitment to ensure security, order, environmental sanitation, and strict compliance with management regulations at the place where life skills education and extracurricular educational activities are organized;

b) Business registration certificate;

c) List of leaders, teachers, instructors, reporters (with attached valid supporting documents regarding their biographies), participating in organizing and implementing life skills education and extracurricular educational activities (clearly stating full name, educational qualifications, position, profession, pedagogical competence, and understanding of areas related to life skills or educational activities);

d) Activity plan, textbooks, teaching materials.

3. Procedures for granting permission to operate:

a) The unit prepares the application file and submits it to the competent authority granting permission;

b) Within fifteen working days from the date of receipt of a complete and valid application file, the competent authority granting permission reviews the file and inspects the operating conditions to decide whether to grant permission or not. In case of refusal to grant permission, a written response must be provided with reasons stated.

b) Within fifteen working days from the date of receipt of complete and valid applications, the competent authority shall examine the application, verify the conditions for operation, and decide to grant or deny permission. In case of refusal, a written response stating the reasons must be provided.

Article 8. Competence, Documents, Procedures, and Formalities for Registration Confirmation of Educational Activities

1. Competence to Confirm Registration of Educational Activities:

a) The Director of the Department of Education and Training shall confirm the registration of educational activities for vocational colleges, high schools, high schools with multiple levels where the highest level is high school, boarding schools for ethnic minorities, preparatory universities, specialized schools, gifted schools, centers for continuing education, foreign language and computer training centers, and units outside the campus of universities and colleges.

b) The Head of the District or County Education and Training Office shall confirm the registration of educational activities for kindergartens, groups of children, preschool classes, primary schools, junior high schools, general secondary schools with multiple levels where the highest level is junior high school, semi-residential schools for ethnic minorities, and community learning centers.

2. Documents for Registration of Educational Activities of Educational Institutions Include:

a) A letter requesting the organization of educational activities on life skills and extracurricular educational activities;

b) A list of staff members including their brief resumes accompanied by valid evidence regarding teachers, trainers, lecturers (clearly stating their full names, academic qualifications, positions, professions, teaching abilities, and knowledge of life skill areas or related educational activities) participating in organizing and implementing life skill educational activities and extracurricular educational activities;

c) Activity plans, curricula, teaching materials.

3. Procedures and Formalities for Registration Confirmation:

a) The educational institution prepares the documents and submits them to the competent authority;

b) Within five working days from the date of receipt of complete and valid documents, the competent authority confirms the registration of educational activities in the request letter of the educational institution, indicating that the registration has been confirmed and returns it to the educational institution. If the activity is not approved, a written response must be provided with clear reasons.

Article 9. Suspension of Activities

1. Educational institutions and units conducting life skill educational activities and extracurricular educational activities shall have their activities suspended in the following cases:

a) Failure to implement the contents committed to and registered with the competent licensing authority;

b) Violation of laws and regulations on education resulting in administrative penalties requiring suspension;

c) Issuance of permission beyond the scope of competence;

d) Other cases as prescribed by law.

2. Procedures and Formalities for Suspending Life Skill Educational Activities and Extracurricular Educational Activities Are As Follows:

a) The competent authority issuing permission or confirming registration establishes a team to inspect and assess the actual situation of the educational institution or unit, and formulates a plan proposing measures;

b) Based on the inspection results, the competent authority issuing permission or confirming registration issues a decision to suspend life skill educational activities and extracurricular educational activities. The decision to suspend activities must clearly state the reasons for suspension, specify the duration of suspension, and outline measures to ensure the rights of learners. The decision to suspend life skill educational activities and extracurricular educational activities must be publicly announced through mass media;

c) After the suspension period, if the causes leading to the suspension are resolved, the competent authority deciding on the suspension issues a decision allowing resumption of activities. In cases where resumption is not allowed, the competent authority provides a written notice explaining the reasons and solutions.

3. The Authority Issuing Permission or Confirming Registration Has the Authority to Suspend Life Skill Educational Activities and Extracurricular Educational Activities.

4. In emergency situations, upon discovering serious violations of laws and regulations by educational institutions or units, the authority issuing permission or confirming registration, or the competent authority as prescribed by law, may immediately decide to suspend the activities of the educational institution or unit, followed by the procedures and formalities for suspending the activities of the educational institution or unit.

Article 10. Revocation of License

1. The entity shall have its license revoked in the following cases:

a) Failing to implement life skills education activities and extracurricular educational activities for twelve consecutive months;

b) Engaging in fraudulent behavior to obtain permission for conducting life skills education activities and extracurricular educational activities.

2. The authority issuing the permit has the power to revoke the license for life skills education activities and extracurricular educational activities.

Chapter IV

RESPONSIBILITIES FOR MANAGING LIFE SKILLS EDUCATION ACTIVITIES AND EXTRACURRICULAR EDUCATIONAL ACTIVITIES

Article 11. Responsibilities of People's Committees at all levels

1. Responsibilities of the provincial-level People's Committee and the municipal People's Committee directly under the central government

a) Managing life skills education activities and extracurricular educational activities within their jurisdiction;

b) Directing the Department of Education and Training and related units in managing life skills education activities and extracurricular educational activities.

2. Responsibilities of the district-level People's Committee, county-level People's Committee, city-level People's Committee directly under the province, and town-level People's Committee directly under the province

a) Managing life skills education activities and extracurricular educational activities within their jurisdiction;

b) Directing the Education and Training Office and related units in managing life skills education activities and extracurricular educational activities.

Article 12. Responsibilities of the Department of Education and Training

1. Advising the provincial-level People's Committee on the management of life skills education activities and extracurricular educational activities within their jurisdiction.

2. Issuing permits and confirming registration for life skills education activities and extracurricular educational activities in accordance with regulations.

3. Being responsible before the provincial-level People's Committee for managing life skills education activities and extracurricular educational activities of educational institutions within their jurisdiction.

4. Taking the lead and coordinating with relevant agencies and units to inspect, audit, and handle violations within their authority or requesting competent authorities to handle violations.

5. Summarizing results and reporting to the provincial-level People's Committee and the Ministry of Education and Training at the end of the academic year or upon urgent request.

Article 13. Responsibilities of the Education and Training Office

1. Confirming registration for life skills education activities and extracurricular educational activities in accordance with regulations.

2. Being responsible before the district-level People's Committee for managing life skills education activities and extracurricular educational activities of educational institutions within their jurisdiction.

3. Taking the lead and coordinating with related units to organize inspections, audits, and handling of violations within their authority or requesting competent authorities to handle violations.

4. Summarizing results and reporting to the district-level People's Committee and the Department of Education and Training at the end of the academic year or upon urgent request.

Article 14. Responsibilities of Educational Institutions

1. Ensuring the quality of life skills education activities and extracurricular educational activities.

2. When organizing activities, ensuring safety for the lives and legitimate material and spiritual rights of learners and educators; at the same time, being responsible for ensuring participation in risk insurance benefits for learners.

3. Managing and retaining records, including: registration files; lists of educators; lists of learners; plans and materials; financial records in accordance with current regulations.

4. When educational institutions collaborate with other units to organize life skills education activities and extracurricular educational activities, they must have a contract between both parties. The contract must clearly specify the teaching content, funding, teaching staff, training staff, location, and responsibilities of each party. After signing the contract, it must be reported to the direct supervisory agency.

5. Accepting supervision and inspection by the authorities and educational management agencies at all levels; implementing comprehensive reports as required by educational management agencies.

Article 15. Responsibilities of entities participating in organizing life skills education activities and extracurricular educational activities

1. Strictly implement this Regulation and other relevant regulations. If temporarily suspending or terminating activities, they must report to the licensing authority ten days in advance and publicly notify learners, while refunding corresponding amounts collected from learners for unfulfilled content and duration due to suspension or termination of activities.

2. Ensure the quality of life skills education and extracurricular educational activities.

3. When organizing activities, ensure safety of lives and legitimate material and spiritual rights of learners and educators; at the same time, bear responsibility for ensuring participation in risk insurance for learners.

4. Manage and retain records, including: activity licensing files; list of educators; list of learners; plans and materials; financial records in accordance with current regulations.

5. Accepting supervision and inspection by the authorities and educational management agencies at all levels; implementing comprehensive reports as required by educational management agencies.

Article 16. Financial Management for Life Skills Education Activities and Extracurricular Educational Activities

1. Educational institutions and units may collect tuition fees to pay remuneration for teachers, speakers, management work, depreciation of fixed assets, and other regular expenses.

2. Educational institutions and units must establish tuition fee levels based on the principle of revenue covering operating costs; report to the competent licensing authority and registration confirmation agency for regular inspection and supervision.

3. Educational institutions and units have the responsibility:

a) To implement the three public disclosures as prescribed by current regulations;

b) To organize accounting activities in accordance with the Accounting Law;

c) To fulfill obligations to the state budget as stipulated by law.

Chapter V

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 17. Organization of Inspection and Audit

Life skills education activities and extracurricular educational activities are subject to inspection and audit by educational management agencies, State inspection agencies, related specialized inspection agencies, and local authorities at all levels.

Article 18. Handling violations

1. Educational institutions and units violating regulations on managing life skills education activities and extracurricular educational activities will be administratively sanctioned or criminally prosecuted depending on the nature and severity of the violation as prescribed.

2. Heads of agencies, organizations, and units; civil servants and officials violating regulations on managing life skills education activities and extracurricular educational activities shall be disciplined according to regulations./.