Decree No. 103/2022/NĐ-CP on schools of state administrative agencies, political organizations, socio-political organizations, and people's armed forces.

DECREE

REGULATING THE INSTITUTIONS OF STATE ADMINISTRATIVE AGENCIES, POLITICAL ORGANIZATIONS, POLITICAL-SOCIAL ORGANIZATIONS, AND PEOPLE'S ARMED FORCES

pursuant to the Law on Organization of the Government amended on June 19, 2015

^__________

Pursuant to the Law T; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration adopted on November 22, 2019;BASED ON THE CIVIL SERVANTS LAW promulgated on November 13, 2008; THE PUBLIC SERVICE PERSONNEL LAW promulgated on November 15, 2010; THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE CIVIL SERVANTS LAW AND THE PUBLIC SERVICE PERSONNEL LAW promulgated on November 25, 2019; The Government issues this Decree regulating the institutions of state administrative agencies, political organizations, political-social organizations, and people's armed forces.

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Higher Education Law dated June 18, 2012; the Law Amending and Supplementing Certain Provisions of the Higher Education Law dated November 19, 2018;

1. This Decree regulates the legal status, tasks and powers, organizational structure, training and development activities, teachers, students, management for institutions of state administrative agencies, political organizations, political-social organizations, and people's armed forces (hereinafter referred to collectively as training and development institutions).

At the proposal of the Minister of Education and Training;

a) Schools, academies, and centers with the function of training and development of state administrative agencies, political organizations, political-social organizations, and people's armed forces;

Article 1. Scope of Regulation and Applicability

b) Organizations and individuals related thereto.

2. This Decree applies to:

3. Higher education institutions and vocational education institutions assigned the task of development shall implement the provisions of this Decree and relevant laws.

Article 2. Legal Status of Training and Development Institutions

Training and development institutions are educational establishments within the national education system organized and operated according to the regulations of the Party and the law, specifically as follows:

1. State agency schools are public service units directly under ministries, ministerial-level agencies, government agencies, the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office.

2. Political organization schools are public service units directly under the Central Committee of the Communist Party of Vietnam; provincial party committees, municipal party committees directly under the central authority; county party committees, district party committees, town party committees, and city party committees directly under provinces and centrally-administered municipalities.

3. Political-social organization schools are public service units directly under the central agencies of political-social organizations.

4. People's armed forces schools are units directly under the management levels of the Ministry of National Defense and the Ministry of Public Security within the organizational structure and staffing of the Vietnam People's Army and the Vietnam People's Police.

Article 3. Tasks and Powers of Training and Development Institutions

1. Training and development institutions perform tasks and powers according to the regulations of the Party and the law regarding public service units and units within the people's armed forces concerning the management of organizational structures, staffing, finance, assets, and the tasks and powers specified from Clause 2 to Clause 8 of this Article within the scope of their assigned functions. The specific tasks and powers of training and development institutions are stipulated in the organizational and operational regulations of the institution approved and issued by the direct supervisory agency.

2. Regarding the training and development of civil servants and public service personnel

a) State administrative agency, political organization, and political-social organization training and development institutions perform the task of training and developing civil servants and public service personnel according to the regulations of the Party and the law on the training and development of civil servants and public service personnel;

b) People's armed forces training and development institutions have the task of training and developing officers, non-commissioned officers, professional soldiers, and defense workers; developing leaders and managers in terms of national defense and security duties and knowledge.

3. Regarding the training of higher education levels, vocational education levels, and other grade education levels

a) Training and development institutions permitted by competent state authorities to engage in the training of higher education levels must conduct training activities and ensure the quality of higher education as prescribed for higher education institutions and in this Decree;

b) Training and development institutions permitted by competent state authorities to engage in vocational education must conduct training activities and ensure the quality of vocational education as prescribed for vocational education institutions and in this Decree;

c) Training and development institutions permitted by competent state authorities to engage in education at each level must conduct educational activities and ensure quality as prescribed for educational institutions at that level and in this Decree;

d) The training of higher education levels and vocational education levels must serve the needs for human resource development in sectors and fields consistent with the Party's policies, the State's investment capacity, and the ability to mobilize social resources.

4. Regarding scientific and technological activities

a) Implement tasks and powers related to scientific and technological activities according to the law on science and technology;

b) Training and development institutions conducting higher education and vocational education must implement tasks and powers related to scientific and technological activities according to the law applicable to higher education institutions and vocational education institutions.

5. Regarding conditions ensuring educational quality

a) Recruitment, management, utilization, construction, training, and development of teaching staff and educational management personnel meeting the requirements of quantity, structure, and standards prescribed by law for each type of education;

b) Mobilization and management of resources; construction and enhancement of physical facilities, investment in equipment, libraries, and information technology to meet training and development requirements.

6. Regarding management and support for students

a) Management of students, ensuring their rights and legitimate interests; ensuring a pedagogical environment for educational activities;

b) Implementation of social policies for beneficiaries of social policies, ethnic minority groups, and areas with special difficulties in economic and social conditions.

7. Regarding information, reporting, and accountability

a) Implement reporting systems, public information disclosure, connectivity, and sectoral data updating according to regulations for each type of education.

7. Regarding information, reporting, and accountability

a) Implement the reporting system, public disclosure of information, data connectivity, and updating of industry data in accordance with regulations for each educational activity;

b) Implement self-assessment of quality and inspection in accordance with regulations for higher education and vocational training programs;

c) Be subject to inspection and audit by state management agencies in the field of education, relevant ministries and sectors, and the People's Committee of the province where the school for training and development is headquartered or conducts training and development activities in accordance with regulations;

8. Perform other tasks assigned by competent authorities in accordance with the regulations of the Party and related laws;

Article 4. Organizational structure of schools for training and development;

1. The organizational structure of schools for training and development under state agencies and political-social organizations must be consistent with the organizational structure of public service units, in accordance with relevant laws, including:

a) Rector, director (collectively referred to as rector); deputy rectors, deputy directors (collectively referred to as deputy rectors);

b) School council, academy council (collectively referred to as school council) in accordance with Clause 4 of this Article and related laws;

c) Scientific and training council;

d) Departments and functional units; units serving training, development, and scientific research;

đ) Other units and organizations (if necessary) based on the development needs of the school for training and development;

2. The organizational structure of schools for training and development under political organizations shall be implemented in accordance with the regulations of such political organizations;

3. The organizational structure of schools for training and development under the people's armed forces shall be implemented in accordance with the laws on the people's armed forces;

4. Schools for training and development that are public service units self-financing regular expenses and investment costs must establish a school council (except for schools for training and development of political organizations and schools for training and development of the people's armed forces) to perform the functions and responsibilities of managing public service units in accordance with the law and the following provisions:

a) The composition of members of the school council includes: chairman of the school council, rector, secretary of the party committee of the school, chairman of the school trade union, representative of the direct management agency, representative of the teaching staff and educational management personnel, representative of students, and other members; the direct management agency of the school for training and development specifies in detail the establishment and operation of the school council and decides on the establishment of the school council of the school for training and development;

b) The school council approves and submits to the direct management agency for approval or issuance of the charter governing the organization and operation of the school for training and development; approves the orientation for the development of training, science and technology, international cooperation, and quality assurance; approves the orientation for development and policy for the teaching staff, educational management personnel, civil servants, and workers; approves support policies for students;

c) The rector does not concurrently hold the position of chairman of the school council; the rector submits matters within the authority of the school council for decision;

5. The establishment, restructuring, and dissolution of schools for training and development shall be carried out in accordance with the regulations of political organizations; the regulations on the establishment, restructuring, and dissolution of public service units; and the regulations on the establishment, restructuring, and dissolution of units under the people's armed forces;

6. The charter governing the organization and operation of schools for training and development specifically stipulates the organizational structure and management of the school; the duties and powers of units, organizations, and managerial positions; the procedures for establishing, restructuring, and dissolving organizations and units within the organizational structure of the school.

Article 5. Training and Refresher Courses Activities

1. Content and Forms of Training and Refresher Courses

a) The content and forms of training and refresher courses shall be stipulated by the head of the management agency directly or by the head of the training and refresher course institution according to the guidelines of the competent authority managing the training and refresher course programs;

b) Textbooks and materials for training and refresher courses shall be compiled, selected, reviewed, and utilized by the Rector of the training and refresher course institution according to the guidelines of the competent authority managing the training and refresher course programs or organized for compilation and submitted to the competent authority managing the training and refresher course programs for review and approval.

2. Forms of Graduation Certification for Training Levels and Completion of Refresher Course Programs

a) The Rector of the training and refresher course institution shall issue diplomas to students upon graduation from training levels; certificates upon completion of refresher course programs;

b) Diplomas and diploma management in the national education system at training and refresher course institutions shall be implemented in accordance with regulations issued by the Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs;

Diplomas and diploma management (excluding diplomas of the national education system) at the National Academy of Political Studies, provincial political school systems under central cities shall be implemented in accordance with regulations of the competent authority;

c) Certificates and certificate management in the national education system at training and refresher course institutions shall be implemented in accordance with legal provisions;

Certificates and certificate management for refresher course programs (excluding certificates of the national education system) shall be carried out by the head of the direct management agency or the head of the training and refresher course institution according to the guidelines of the competent authority managing the refresher course programs.

3. Permission for training and refresher course institutions to organize higher education levels, open majors, recruit students, issue diplomas, and assess training programs shall be conducted in accordance with legal provisions applicable to higher education institutions.

4. Permission for training and refresher course institutions to organize vocational education levels, open majors, recruit students, issue diplomas, and assess training programs shall be conducted in accordance with legal provisions applicable to vocational education institutions.

Article 6. Teachers of Training and Refresher Course Institutions

1. Teachers of training and refresher course institutions belong to the teaching staff in the national education system.

2. The role, standards, duties, and rights of teachers of training and refresher course institutions shall be implemented in accordance with relevant legal provisions.

3. Teachers of training and refresher course institutions who fulfill the lecturer position standards of higher education institutions while performing higher education level training tasks shall enjoy policies for lecturers in higher education institutions as prescribed.

4. Teachers of training and refresher course institutions who fulfill the lecturer position standards of vocational education institutions while performing college-level training tasks shall enjoy policies for lecturers in vocational education institutions as prescribed.

5. For teachers in training and refresher course institutions not covered by Clause 3 and Clause 4 of this Article, they shall implement in accordance with Clause 4 of Article 34 of Decree No. 101/2017/NĐ-CP dated September 1, 2017 of the Government on training and refresher courses for civil servants and public officials; for teachers in training and refresher course institutions of the People's Armed Forces, they shall implement in accordance with regulations of the Ministry of Defense and the Ministry of Public Security.

6. Teachers of training and refresher course institutions currently teaching and conducting scientific research at higher education institutions who meet the criteria for professors and associate professors shall be appointed in accordance with legal provisions.

7. Teachers and educational managers of training and refresher course institutions who meet the criteria for the title of People's Teacher and Outstanding Teacher as prescribed by law shall be considered for the award of the title of People's Teacher and Outstanding Teacher by the State.

Article 7. Students of training and development institutions

1. Duties and rights of students

a) Studying, researching, and practicing in accordance with regulations;

b) Respecting teachers, management staff, officials, and workers of training and development institutions;

c) Being respected and treated equally without discrimination based on gender, ethnicity, religion, or origin; receiving full information about their studies and practice;

d) Ensuring conditions for studying, participating in scientific and technological activities, and other activities of training and development institutions;

đ) Contributing opinions, participating in management and supervision of educational, training, and development activities and conditions ensuring educational quality and training and development activities;

e) Other duties and powers as prescribed for students under the Education Law, Higher Education Law, Vocational Education Law, and related laws;

2. Behaviors that students are not allowed to engage in are stipulated in the Education Law, Higher Education Law, Vocational Education Law, and related laws;

3. Students who are civil servants, officials, officers, professional military personnel, or armed forces soldiers sent by agencies or organizations to training and development institutions shall implement regulations regarding the benefits and responsibilities of civil servants, officials, officers, professional military personnel, or armed forces soldiers sent for training and development;

Article 8. Management of training and development institutions

1. Training and development institutions are directly managed in terms of organization and operation by the competent authority in accordance with the regulations of the Party and the law; they are professionally guided by the state administrative agency in charge of the relevant field and administratively managed by the provincial People's Committee where the institution is located;

2. Training and development institutions submit to the competent authority for issuance of organizational and operational regulations in accordance with the law;

Article 9. Implementation Organization

1. The Ministry of Education and Training guides, monitors, inspects, and audits higher education activities of training and development institutions organizing higher education levels and other levels;

2. The Ministry of Labor, Invalids, and Social Affairs guides, monitors, inspects, and audits vocational education activities of training and development institutions organizing vocational education levels;

3. The Ministry of Home Affairs leads and coordinates with the Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs to provide specific content for annual reports according to Clause 5 of this Article and compile reports to the Government on training and development activities for civil servants, officials, and employees;

4. The Ministry of National Defense and the Ministry of Public Security are responsible for guiding, monitoring, inspecting, and auditing higher education and vocational education activities of training and development institutions organizing higher education and vocational education levels within their jurisdiction as prescribed; compiling and reporting to the Prime Minister on training and development activities involving the training and development of officers, non-commissioned officers, professional military personnel, and defense workers; developing leaders and managers with national defense and security knowledge and tasks;

5. Training and development institutions directly under ministries, agencies at the ministerial level, government agencies, central agencies of political organizations, political-social organizations, the Supreme People's Procuracy, the Supreme People's Court, the State Audit Office, provincial People's Committees, and centrally governed cities must send annual reports before January 31 of the following year to the Ministry of Home Affairs, the Ministry of Education and Training, and the Ministry of Labor, Invalids, and Social Affairs according to their respective state management authorities on the activities of these training and development institutions;

Article 10. Effective Date

1. This Decree takes effect from February 1, 2023;

2. This Decree replaces Decree No. 125/2011/NĐ-CP dated December 30, 2011 of the Government on institutions of state agencies, political organizations, political-social organizations, and people's armed forces;

Article 11. Responsibility for Implementation

Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, centrally governed city People's Committees, and related organizations and individuals are responsible for implementing this Decree.