Joint Circular No. 11/2015/TTLT-BGDĐT-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Education and Training under the People's Committee of provinces/cities directly under the Central Government and the Educational Departments under the People's Committees of districts, towns, urban districts, and provincial cities.

JOINT CIRCULAR

Guidelines on 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, and the Department of Education and Training under the People's Committee of districts, towns, and provincial cities

People's Committee of district, town, city under provinceh

_________________________

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. 58/2014/NĐ-CP dated June 16, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, and powers of Ministries and ministerial-level agencies;

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

The Minister of Education and Training and the Minister of Home Affairs issue guidelines on the functions, tasks, powers, and organizational structure of the Departments of Education and Training under the People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as the Provincial People's Committee), and the Departments of Education and Training under the People's Committees of districts, towns, and provincial cities (hereinafter referred to collectively as the District People's Committee).

PART I

DEPARTMENT OF EDUCATION AND TRAINING

Article 1. Position and Functions

1. The Department of Education and Training is a specialized agency under the Provincial People's Committee; it performs the function of advising and assisting the Provincial People's Committee in managing state affairs in education and training at the local level in accordance with the law and pursuant to the division of labor or delegation of authority from the Provincial People's Committee and the Chairman of the Provincial People's Committee.

2. The Department of Education and Training has legal personality, its own seal and separate account; it is subject to direction and management regarding organization, staffing, and personnel work by the Provincial People's Committee; it is subject to direction, guidance, and supervision regarding professional matters by the Ministry of Education and Training.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the provincial People's Committee:

a) Draft decisions, directives; long-term plans, five-year plans, and annual plans; programs, projects, proposals; measures for organizing the implementation of administrative reform tasks in the field of education and training at the local level;

b) Draft tuition fees and examination registration fees for educational institutions within the management scope of the locality for submission by the Provincial People's Committee to the Provincial People's Council for decision in accordance with the law;

c) Draft regulations on the functions, tasks, powers, and organizational structure of the Department of Education and Training;

d) Draft detailed guidelines on the functions, tasks, powers, and organization of the Department of Education and Training in accordance with Clause 1, Article 10 of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government, this Circular, and other related laws;

đ) Draft regulations specifying the conditions, standards, and positions for heads and deputy heads of units under the Department of Education and Training; Heads and Deputy Heads of the Department of Education and Training under the District People's Committee.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft decisions on establishing, merging, splitting, dissolving units under the Department;

b) Draft decisions on allowing the establishment, merging, splitting, dissolving, and changing the type of educational institutions (including those with foreign investment participation) directly under the Department;

c) Draft individual decisions and directives in the field of education and training within the authority of the Chairman of the Provincial People's Committee to issue.

3. Implement regulatory legal documents, plans, and programs after approval; provide information, propaganda, guidance, dissemination, education, and monitoring of the enforcement of laws on education within the assigned management scope.

4. Organize and be responsible for confirming, registering, issuing licenses, certificates, and diplomas within the management responsibility of the Department of Education and Training in accordance with the law and pursuant to the division of labor or delegation of authority from the Provincial People's Committee.

5. Organize the application of advanced scientific and technological achievements in education; summarize local experiences and initiatives; manage research and technology work in educational institutions directly under the Department; build information and archival systems to serve the management work of the Department.

6. Organize, develop, promote exemplary practices, and implement commendation and reward activities in education at the local level.

7. Guide, organize, inspect, and audit educational institutions directly under the Department and the Departments of Education and Training regarding the implementation of educational goals, programs, contents, plans, professional regulations, policies towards students, conditions ensuring public educational institutions; admission, examination, certification issuance, quality assessment activities; universal education, illiteracy prevention, and lifelong learning activities in the locality and other educational activities according to the guidance of the Ministry of Education and Training.

8. Guide the development and consolidation of training and capacity-building plans for teachers, civil servants, and employees of educational institutions under the Department's management; implement after approval by the competent authority.

9. Guide and organize the mobilization, management, and utilization of resources for local education development; inspect the implementation of self-governance and accountability of public educational institutions directly under the Department in accordance with the law.

10. Decide on opening vocational secondary education majors for vocational secondary schools directly under the Department in accordance with the Ministry of Education and Training's regulations.

11. Permit and suspend educational activities of educational institutions directly under the Department (excluding teacher training colleges) in accordance with the Ministry of Education and Training's regulations.

12. Assist the Provincial People's Committee in managing state affairs concerning education-related activities of enterprises, organizations, and individuals in the locality; guide and inspect the activities of non-governmental organizations in the field of education in the locality in accordance with the law.

13. Assist the Provincial People's Committee in managing self-funded study service organizations in accordance with the law; implement international cooperation in the field of education in accordance with the law and the Provincial People's Committee's regulations.

14. Assist the Provincial People's Committee in supervising compliance with laws on education in ensuring conditions for school establishment, educational activities, major openings, publicizing educational quality, and ensuring educational quality conditions in accordance with the Ministry of Education and Training's regulations.

15. Article 15. Specify in detail the functions, tasks, and powers of the organizations under the Department and the educational institutions directly subordinate to the Department.

16. Chair and coordinate with the Department of Planning and Investment to examine the conditions and standards for competent authorities to issue investment certificates for foreign organizations and individuals in education; issue and revoke licenses; guide, inspect, and supervise the educational activities of educational institutions with foreign investment according to the provisions of the law.

17. Chair and coordinate with the Department of Finance and the Department of Planning and Investment to concretize local education financial standards and norms; guide the construction and preparation of annual education budget estimates for educational institutions directly subordinate to the Department; decide on the allocation of education budget estimates for such institutions after approval by competent authorities; determine and balance the state budget allocated for education annually for submission to competent authorities for approval; inspect the use of the state budget and other lawful revenues of educational institutions in the locality.

18. Implement administrative reform, thrift, anti-corruption, and waste prevention measures; inspection, supervision, complaint resolution, and handling violations related to education according to the provisions of the law.

19. Manage organizational structures, civil servant staffing, job classification, position establishment, and personnel structure based on occupational titles and number of employees in subordinate institutions; implement salary systems, incentives, training, rewards, and disciplinary actions for civil servants, public officials, and workers within the management scope according to the law and assignments or delegations from the provincial People's Committee.

20. Manage finances, assets, and material infrastructure assigned according to the law and regulations of the provincial People's Committee.

21. Conduct regular and annual statistics, information, and reporting on the organization and operation of education in the locality to the provincial People's Committee and the Ministry of Education and Training.

22. Perform other tasks assigned by the People's Committee and the Chairman of the provincial People's Committee according to the law.

Article 3. Leadership of the Department of Education and Training

1. The Department of Education and Training has a Director and three Deputy Directors.

2. The Director of the Department of Education and Training is responsible before the provincial People's Committee, the Chairman of the provincial People's Committee, and the law for performing the functions, tasks, and powers of the Department of Education and Training. The specific responsibilities of the Director of the Department of Education and Training are as follows:

a) Based on current legal regulations and assignments from the provincial People's Committee, promulgate the operational rules of the Department and direct, monitor their implementation.

b) Be responsible before the People's Committee, the Chairman of the provincial People's Committee, and the law for performing the functions, tasks, and powers of the Department of Education and Training and the tasks delegated or authorized by the People's Committee and the Chairman of the provincial People's Committee. For issues exceeding authority or within authority but lacking capability and conditions to resolve, the Director of the Department of Education and Training must proactively work with relevant department directors to complete files for the People's Committee and the Chairman of the provincial People's Committee to consider and decide.

c) Have the responsibility to report to the People's Committee, the Chairman of the provincial People's Committee; Ministries, ministerial-level agencies about the organization and operation of the Department of Education and Training; report work, provide materials to the Provincial People's Council and the provincial People's Committee when required; respond to elector petitions and questions from provincial People's Council representatives regarding education and training issues in the area; coordinate with department directors, heads of political-social organizations, and related agencies in implementing the tasks of the Department of Education and Training.

d) Based on the regulations on organizational cadre management delegation of the provincial People's Committee, decide on: Appointment, reappointment, dismissal, rotation, demotion of heads and deputy heads of educational institutions directly subordinate to the Department (excluding heads and deputy heads of teacher colleges and normal colleges under the Department); recognition or non-recognition of school councils of educational institutions directly subordinate to the Department; recognition or non-recognition of management boards, board chairmen, principals, and vice-principals of non-public educational institutions under the provincial People's Committee's national management authority, including private colleges located in the area according to the law.

3. Deputy Directors of the Department of Education and Training assist the Director in managing one or more areas of work, being responsible before the Director and the law for assigned tasks. When the Director is absent, a Deputy Director appointed by the Director shall manage the Department's operations.

4. Appointments, reappointments, dismissals, transfers, rotations, commendations, disciplinary actions, resignations, retirements, and implementation of other policies for the Director and Deputy Directors of the Department of Education and Training are decided by the Chairman of the provincial People's Committee according to the law.

Article 4. Organizational Structure of the Department of Education and Training

1. The Department of Education and Training shall be organized with no more than 10 units, including:

a) Units established uniformly at provincial Departments of Education and Training:

- Office;

- Inspection;

- Personnel Organization Division;

- Planning and Finance Department;

- Political and Ideological Division;

b) Other specialized divisions under the Department of Education and Training shall be established in accordance with the characteristics of the locality.

The Director of the Department of Education and Training shall take the lead and coordinate with the Director of the Department of Civil Service Management to submit to the Provincial People's Committee for decision on specific other specialized divisions under the Department of Education and Training.

2. Educational institutions directly under the Department of Education and Training include: College of Education; Secondary Teacher Training School; High School; General Secondary School with multiple levels, including secondary level; Boarding Secondary School for Ethnic Minorities; Comprehensive Technical Center; Continuing Education Center; Foreign Language and Information Technology Center; Schools and classes for persons with disabilities; Practicing Teacher Training Institutions and other educational institutions (if any) within the scope of management of the Provincial People's Committee.

Article 5. Staff Establishment of the Department of Education and Training

1. The number of civil servants and staff members of the Department of Education and Training shall be assigned based on job positions linked to functions, tasks, scope of activities, and within the total establishment of civil servants and total number of staff members of administrative agencies and public service units of the province or centrally governed city approved or approved by the competent authority.

2. Based on functions, tasks, organizational structure, list of job positions, and cadre and staff structure approved by the competent authority, the Department of Education and Training shall take the lead and coordinate with the Department of Civil Service Management to develop annual plans for civil servant establishments and staff numbers in accordance with the laws to ensure the implementation of assigned tasks and submit them to the Provincial People's Committee.

Chapter II

EDUCATION AND TRAINING DEPARTMENT

Article 6. Position and Functions

1. The Education and Training Department is a specialized agency under the People's Committee of the district; it assists the People's Committee of the district in performing state management functions over education and training in the locality and implements certain tasks and powers assigned or delegated by the People's Committee of the district, the Chairman of the People's Committee of the district, and as prescribed by law.

2. The Education and Training Department has legal personality, its own seal and bank account; it is subject to the direction and management of organization, staffing, and personnel work by the People's Committee of the district, while also being subject to professional guidance, supervision, and inspection by the Department of Education and Training.

Article 7. Tasks and Powers

1. Submit to the People's Committee at the district level:

a) Drafting guiding documents to implement mechanisms, policies, laws, and regulations of the Provincial People's Committee regarding educational activities in the locality;

b) Drafting decisions, directives, five-year plans, annual plans, and programs and contents for administrative reform in the field of education in the locality;

c) Drafting planning for networks of junior high schools; general secondary schools without secondary level; boarding secondary schools for ethnic minorities without secondary level; primary schools; kindergartens (commonly referred to as early childhood education facilities) in the locality according to guidelines from the Department of Education and Training and the People's Committee of the district.

2. Submitting to the Chairman of the People's Committee of the district draft decisions on establishing (for public educational institutions), allowing establishment (for private educational institutions), merging, splitting, dissolving educational institutions (including those with foreign investment), for: Junior high schools; general secondary schools without secondary level; boarding secondary schools for ethnic minorities without secondary level; primary schools; early childhood education facilities; recognizing the establishment of community learning centers; other educational institutions (if any) within the jurisdiction of the People's Committee of the district.

3. Guiding and organizing the implementation of legal normative documents, development programs, socialization mechanisms, and policies in education after approval by the competent authority; mobilizing, managing, and utilizing resources for education development in the area; disseminating, popularizing, and educating about laws and information on education.

4. Guiding and organizing the implementation of curricula, contents, plans, professional activities, educational activities, universal education, and literacy; admission, examination, review, and issuance of certificates for educational institutions under the jurisdiction of the People's Committee of the district.

5. Taking the lead in developing annual education budget estimates; deciding on the allocation and assignment of education budget expenditures for educational institutions under the People's Committee of the district upon approval by the competent authority; coordinating with the Finance and Planning Department at the same level to determine and balance the national budget for education annually in the locality, submitting for approval by the competent authority; guiding and inspecting the use of the national budget and other lawful revenues for education for educational institutions under the People's Committee of the district.

6. Conducting specialized inspections according to the guidelines of the Inspectorate of the Department of Education and Training; coordinating with the county inspectorate and the Inspectorate of the Department of Education and Training in inspection and audit activities related to education and training in the locality.

7. Deciding to allow educational operations and suspending educational operations for educational institutions specified in Clause 3, Article 8 of this Joint Circular in accordance with the Ministry of Education and Training.

8. Developing plans and implementing training and capacity building for cadres and staff of educational institutions under the jurisdiction of the People's Committee of the district after approval by the competent authority.

9. Organizing the application of advanced scientific and technological experiences and achievements, summarizing local experiences and innovations in the field of education.

10. Implement the work of building and promoting exemplary models, the work of competition and commendation in education within the district.

11. Carry out administrative reform, thrift, anti-corruption, and anti-waste activities; inspection, supervision, complaint resolution, and handling violations related to education according to the law and the division of labor by the District People's Committee.

12. Assist the District People's Committee in implementing and being responsible for the examination, registration, issuance of various permits within the scope, responsibilities, and authority of the Department of Education and Training according to the law and the division of labor by the District People's Committee.

13. Assist the District People's Committee in state management over associations and non-governmental organizations operating in the field of education and training within the district according to the law.

14. Provide professional guidance on educational management and training for cadres and civil servants assigned to oversee local educational affairs.

15. Manage organizational structure, staffing, job classification, and position establishment; implement salary systems and incentive policies, training, commendation, and disciplinary measures for civil servants under its jurisdiction according to the law and the division of labor or delegation by the District People's Committee.

16. Manage and be responsible for financial resources, assets, and infrastructure allocated according to the law and the District People's Committee.

17. Conduct statistical work, information dissemination, and regular and annual reporting, as well as special reports on organizational and operational activities in education according to guidelines from the Department of Education and Training and the District People's Committee.

18. Perform other tasks assigned by the Chairman of the District People's Committee and as stipulated by law.

Article 8. Organization and Staffing

1. Organization:

a) The Department of Education and Training shall have a Director, three Deputy Directors, and other civil servants performing specialized professional duties.

b) The Director of the Department of Education and Training is the head of the Department of Education and Training, accountable to the People's Committee, the Chairman of the People's Committee at the district level, and the law for the performance of functions, tasks, powers, and all activities of the Department of Education and Training, specifically as follows:

- Based on current legal regulations and the division of labor by the District People's Committee, issue working regulations, information reporting systems for the department, and direct and inspect the implementation of these regulations.

- Be accountable to the People's Committee, the Chairman of the People's Committee at the district level for the performance of the functions, tasks, and powers of the Department of Education and Training as stipulated in this Circular, within their authority, and for the tasks delegated or authorized by the People's Committee, the Chairman of the People's Committee at the district level; practice thrift and combat waste, and bear responsibility for corruption and waste causing damage within the agency and educational institutions under their management.

- Report to the People's Committee, the Chairman of the People's Committee at the district level on the organization and operation of the Department of Education and Training; report on work and provide materials to the People's Council and the People's Committee at the district level or the People's Committee at the district level where the People's Council is not organized when required; coordinate with other Department Directors and heads of political and social organizations at the district level to resolve issues related to the implementation of the Department's tasks.

- Participate in coordinating with the Director of the Civil Service Affairs Department to implement procedures, submit to the Chairman of the People's Committee at the district level decisions on appointment, reappointment, dismissal, rotation, removal, and demotion of heads and deputy heads of educational institutions directly under the People's Committee at the district level; decisions on recognition or non-recognition of school boards, chairpersons of school boards, principals, and vice-principals of private educational institutions under the management of the People's Committee at the district level according to the law and the delegation of personnel management authority by the provincial People's Committee.

c) Deputy Directors of the Department of Education and Training assist the Director in overseeing certain aspects of work and are accountable to the Director and the law for the tasks assigned. When the Director is absent, a Deputy Director appointed by the Director may manage the department's operations.

d) Appointments, reappointments, dismissals, transfers, promotions, rewards, punishments, resignation, retirement, and other policy implementations for the Director and Deputy Directors of the Department of Education and Training are decided by the Chairman of the People's Committee at the district level according to the law.

2. Staffing of the Department of Education and Training

a) The staffing of the Department of Education and Training is determined by the Chairman of the People's Committee at the district level within the total staffing of the district assigned by the competent authority.

b) Job assignments for staff of the Department of Education and Training must be based on job positions, job grade standards, and the quality, qualifications, and capabilities of the staff.

c) Based on functions, tasks, and the list of job positions, the staffing structure approved by the competent authority, the Department of Education and Training annually leads and coordinates with the Civil Service Affairs Department to develop a staffing plan according to the law to ensure the fulfillment of assigned tasks and submit it for approval by the competent authority.

3. Educational Institutions under the People's Committee at the district level:

The Department of Education and Training is responsible for assisting the People's Committee at the district level in state management of educational institutions (including those with foreign investment participation): junior high schools; general schools with multiple levels but without secondary education; boarding schools for ethnic minorities; residential schools for ethnic minorities without secondary education; primary schools; kindergartens.

Chapter III

IMPLEMENTATION

Article 9. Transitional Provisions

1. For Departments of Education and Training that currently have more Deputy Directors than the number prescribed in this Joint Circular, they shall continue to maintain the current number of Deputy Directors to ensure stability. Additional Deputy Directors of Departments of Education and Training may only be appointed when the current number of Deputy Directors of Departments of Education and Training has not reached the prescribed number in this Joint Circular.

2. In cases where individuals have been appointed to head positions or deputy head positions in agencies and units under or affiliated with Departments of Education and Training before the effective date of this Joint Circular, if after restructuring and improving the organizational structure of Departments of Education and Training, they retain their leadership position or are appointed to a new position with a lower leadership allowance than their previous leadership allowance, they shall be entitled to retain their previous leadership allowance according to Decision No. 140/2009/QĐ-TTg dated December 31, 2009 of the Prime Minister on retaining leadership allowances for leadership positions during organizational restructuring and improvement.

Article 10. Effective Date

This Joint Circular takes effect from July 12, 2015 and replaces Joint Circular No. 47/2011/TTLT-BGDĐT-BNV dated October 19, 2011 of the Ministry of Education and Training and the Ministry of Home Affairs guiding the functions, tasks, authorities, organizational structures, and staffing of Departments of Education and Training under provincial People's Committees, and District Education and Training Offices under district, urban district, town, and provincial city People's Committees.

Article 11. Responsibility for Implementation

1. Based on the guidance provided in this Joint Circular, Provincial People's Committees shall specify the functions, tasks, authorities, and organizational structures of Departments of Education and Training; guide District People's Committees to specify the functions, tasks, authorities, and organizational structures of District Education and Training Offices.

2. The Chairpersons of Provincial People's Committees shall be responsible for organizing and implementing this Joint Circular.

During implementation, if any issues arise or difficulties occur, provinces and centrally governed cities shall promptly report them to the Ministry of Education and Training and the Ministry of Home Affairs for examination and resolution within their respective jurisdictions./.