Decree No. 101/2002/ND-CP On the organization and operation of Educational Inspectors

DECREE OF THE GOVERNMENT

Regarding the organization and operation of Educational Inspection

THE GOVERNMENT

WHEREAS EDUCATIONEducation LawLIMITATION The Government on December 25, 2001;

Based on the Education Law dated December 2, 1998;

Pursuant to the Inspection Ordinance dated April 1, 1990;

At the proposal of the Ministry Ministry of Science and Technology Education and Training,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Educational Inspection.

Educational Inspection is specialized inspection concerning education. EducationalInspection exercises inspection authority within the scope of state management ofeducation, aiming to ensure the enforcement of laws, promote positive factors,prevent and handle violations, protect the interests of the State, rights andlegitimate interests of organizations and individuals in the field of education.

Article 2.Objectives of Educational Inspection.

1.Educational institutions of state agencies, political organizations, political-socialorganizations, people's armed forces, economic organizations, and individuals.

2.Educational institutions with foreign investment, institutions collaborating withforeign organizations and individuals on education operating within the territoryof Vietnam.

3.Organizations and individuals engaged in sending citizens for training abroad under generalsecondary education programs, higher education programs, and postgraduate programsfor Vietnamese citizens. 4.Organizations

and individuals conducting teaching and educational activities according topreschool education programs, general secondary education programs, vocationaleducation programs, higher education programs, and postgraduate programs outsideeducational institutions specified in Clauses 1 and 2 of this Article (hereinafterreferred to as teaching and educational activities conducted outside educationalinstitutions). Contents of the activities of Educational Inspection. 1.Inspecting the implementation of laws on education by the objects defined inArticle 2 of this Decree.

Article 3.2.Inspecting the teaching and educational activities of the objects defined inArticle 2 of this Decree regarding the implementation of objectives, plans,programs, contents, educational methods; examination regulations, issuance ofdocuments and certificates; the implementation of regulations on necessaryconditions to ensure educational quality at educational institutions.

3.Verifying, concluding, and recommending competent authorities to resolve complaintsand appeals in accordance with the provisions of the law.

4.Directing the content, training inspection skills, and educational inspectionskills for lower-level Educational Inspections.

5.Recommending relevant state authorities to amend, supplement, or promulgatepolicies and regulatory legal documents in line with the requirements of educationmanagement.

Responsibilities of the Head of the educational management agency towards thesame-level Educational Inspection.

1.Building the organizational structure of Educational Inspection and creatingconditions and means for Educational Inspection, inspectors, and cooperativeinspectors to complete assigned tasks.

Article 4.2.Directing Educational Inspection to build and implement inspection work plans,complying with superior directives on inspection work.

3.Reviewing and handling recommendations from Educational Inspection, ensuring theeffectiveness of inspection activities.

4.Using inspection results to consider rewards, disciplinary actions, jobarrangements, recognition and appointment, dismissal of professor, associateprofessor positions, conferring titles of People's Teacher and OutstandingTeacher, implementing preferential treatment for officials, civil servants,teachers, lecturers, staff, and deciding or recommending competent authorities todetermine the revocation of improperly issued and used certificates; suspending,disbanding, or recommending competent authorities to disband illegally establishedor seriously violating educational institutions.

Principles of operation of Educational Inspection.

The activities of Educational Inspection must comply with the law and beaccountable before the law to ensure the enforcement of laws and the effectivenessof educational management. No organization or individual may interveneillegally in the activities of Educational Inspection.

Article 5.ORGANIZATION, TASKS, AND LIMITATIONS OF EDUCATIONAL INSPECTION

System of organization of Educational Inspection.

Chapter II

1.Ministry

Article 6.of Education and Training (hereinafter referred to as Ministry Inspection).

2.Provincial Department of Education and Training (hereinafter referred to as Provincial DepartmentInspection).

Educational inspection activities at district level are directly managed by the Director of the Department ofEducation and Training and guided by the Ministry Inspection.

STRUCTURE, TASKS, AND LIMITATIONS OF MINISTRY INSPECTIONPosition of Ministry Inspection.

Section I.

Ministry Inspection

Article 7.Credit organizations on is a state inspection organization with the function of specialized inspectionon education, directly managed by the Minister of Education and Training, whilealso being subject to the guidance of the National Inspectorate on organizationaland inspection business matters.

exercises inspection authority within the scope of the Ministry of Education and Training's state management; manages inspection work foragencies, units, and educational institutions under its direct management; anddirects and guides specialized inspection business for Provincial DepartmentInspection. Ministry Inspection

exercises inspection authority within the scope of the Ministry has a Chief Inspector, Deputy Chief Inspector, and inspectors. The appointmentand removal of Chief Inspector and Deputy Chief Inspector are carried out inaccordance with the Inspectorate Ordinance, Decision No. 244/HĐBT dated June 30,1990 of the Council of Ministers (now the Government), and the law on cadres andcivil servants. The organizational structure and staffing of Ministry Inspection are decided bythe Minister, after reaching consensus with the National Inspector General. Ministry Inspection has its own seal.

Tasks and powers of Ministry Inspection. 1.Inspecting the implementation of the Education Law and other legal provisions oneducation by the objects defined in Article 2 of this Decree within the scope ofthe Ministryof Education and Training's state management.

exercises inspection authority within the scope of the Ministry 2.Inspecting the implementation of policies, laws, and assigned tasks byeducational institutions, organizations, and individuals under the directmanagement of the Ministry

Article 8.of Education and Training.

3.Implementing the tasks stipulated in Clauses 2, 3, and 4 of Article 99 of theEducation Law within the scope of the Ministry of Education and Training's state management.

4.Exercising the powers stipulated in Article 100 and fulfilling the responsibilitiesstipulated in Article 101 of the Education Law. 5.Implementing the tasks and powers stipulated in Clauses 3, 4, and 5 of Article 14of the Inspectorate Ordinance.

6.Punishing or recommending competent authorities to punish administrativeviolations in accordance with the law. Education and Training

7.Summarizing practical experiences in educational inspection; recommending measuresfor enforcing laws on education; proposing to competent authorities to amend,complement, or promulgate legal documents on education.

5. Perform the duties and powers stipulated in Clauses 3, 4, and 5 of Article 14 of the Inspection Ordinance.

6. Impose penalties or recommend competent authorities to impose administrative penalties in accordance with the provisions of the law.

7. Summarize practical experiences in educational inspections; propose measures to ensure compliance with laws on education; suggest to competent authorities the amendment, supplementation, and issuance of regulatory legal documents on education.

Article 9. Duties and powers of the Inspector General of the Ministry.

1. Propose the Minister of Education and Training to decide on inspections, establish inspection teams,appoint Inspectors, and Collaborators to carry out inspections in accordance withthe law.

2. Recommend competent authorities to suspend operations or dissolve educationalfacilities if there is sufficient evidence to conclude that such facilities haveviolated serious laws.

3. Recommend competent authorities to halt implementation or revoke decisionsrelated to students' interests in educational facilities if there is sufficientevidence to conclude that these decisions contravene the law.

4. Exercise the rights stipulated in Article 15 of the Inspection Ordinance.

5. Based on inspection conclusions, recommend competent authorities to handleviolations by organizations and individuals according to the law.

6. Temporarily halt illegal activities in the field of education and recommendcompetent authorities to handle them according to the law.

7. Impose penalties or recommend competent authorities to impose administrativepenalties according to the law.

Chapter II.

DEPARTMENT INSPECTOR

Article 10.Credit organizations on Department Inspector position.

The Department Inspector is a specialized state inspection organization for education directly managedby the Director of the Department of Education and Training, while also beingsubject to the guidance of the Ministry's Inspectorate in specialized inspectionwork and organizational and professional guidance from the provincial ormunicipal inspectorates under the central government.

The Department Inspector carries out inspection powers within the scope of the Department's management of education and training; directs professional activities ofinspection at the district level.

The Department Inspector includes the Chief Inspector, Deputy Chief Inspector, and Inspectors. Theappointment, dismissal of the Chief Inspector and Deputy Chief Inspector, andthe staffing of the Department Inspectorate are carried out in accordance with Decree No. 244/HĐBT dated June 30, 1990 ofthe Council of Ministers(now the Government) and regulations on cadres and civil servants.

The Department Inspector 2.Inspecting the implementation of policies, laws, and assigned tasks byeducational institutions, organizations, and individuals under the directmanagement of the Ministry

Article 11. Duties and powers of the Department Inspector.

1. Inspect the implementation of the Education Law and other legal provisionsregarding education for subjects specified in Article 2 of this Decree within thescope of the Department's authority. of Education and Training's state management.

2. Inspect the implementation of policies, laws, and assigned tasks of theDistrict Education and Training Departments and educational facilities,organizations, and individuals under the direct management of the Department of Education and Training. Direct and manage inspection work related to teachingand educational activities of teachers in public and private preschool, generalsecondary, vocational education institutions, and educational activities outsideeducational facilities conducted by organizations and individuals under theDepartment's 5.Implementing the tasks and powers stipulated in Clauses 3, 4, and 5 of Article 14of the Inspectorate Ordinance.

management authority. 5.Implementing the tasks and powers stipulated in Clauses 3, 4, and 5 of Article 14of the Inspectorate Ordinance.

7.Summarizing practical experiences in educational inspection; recommending measuresfor enforcing laws on education; proposing to competent authorities to amend,complement, or promulgate legal documents on education.

3. Carry out tasks stipulated in Clauses 2, 3, and 4 of Article 99 of theEducation Law within the scope of the Department's management authority.

Article 12.Powers of the Chief Department Inspector.

The Chief Department Inspector has the powers defined in Article 9 of this Decree within the scope of theDepartment of Education and Training's

Chapter III.

INSPECTORS AND INSPECTION COLLABORATORS

Article 13.Inspectors.

management authority. An Inspector is a person assigned to perform inspection duties at theeducation inspection organization, appointed in accordance with the InspectorRegulation issued pursuant to Decree No. 191/HĐBT dated June 18, 1991 of theCouncil of Ministers

(now the Government).

1. When conducting inspections, Inspectors have the following powers andresponsibilities: 3 Article 24 of the Inspection Ordinance and Article 100 of the Education Law.

b) Impose penalties or recommend competent authorities to impose administrativepenalties according to the provisions of the law.

c) Fulfill the responsibilities prescribed in Article 101 of the Education Law.

2. After being appointed, Inspectors shall receive the salary grade of Inspectorsand policies for Inspectors.

Article 14.Inspection Collaborators.

Educational inspection organizations shall employ Inspection Collaborators inaccordance with the Inspection Ordinance. When authorized by competentauthorities to participate in collaboration, Inspection Collaborators shall beprovided with necessary conditions to complete their tasks.

Minister of Education and Training shall take the lead and coordinate with relevant agencies toestablish the system of collaboration and incentives for InspectionCollaborators.

Chapter III

REWARD AND VIOLATION HANDLING

Article 15.Reward System.

Organizations and individuals who have achievements in educational inspectionactivities shall be rewarded according to the State's regulations.

Article 16. Handling Violations.

Persons obstructing, offering bribes, retaliating against those performinginspection duties, violating laws on inspection; persons abusing inspectionpowers due to personal motives or lack of responsibility leading to incorrectinspection conclusions, infringing upon the lawful rights and interests oforganizations and individuals shall be subject to disciplinary action,administrative penalties, or criminal prosecution according to the law; in casescausing damage, they must bear compensation liability according to the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17.This Decree shall take effect fifteen days from the date of signature.

This Decree replaces Decree No. 358/HĐBT dated September 28, 1992 of the Councilof Ministers (now the Government) on the organization and operation ofeducational inspections. Previous regulations contrary to this Decree are herebyabolished. The Minister of Education and Training shall guide the implementation of thisDecree within the scope of the Ministry's state management over education.

Article 18.AND Ministers,

heads of ministerial-level agencies, heads of agencies under the Government,Chairmen of People's Committees of provinces and centrally governed cities shallbe responsible for implementing this Decree./. The Heads of Ministries, Heads of agencies equivalent to ministries, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.