Decree No. 115/2010/ND-CP on State Management Responsibilities for Education

DECREE

Provisions on the State Management of Education

___________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Education Law 2005 and the Law Amending and Supplementing Certain Articles of the Education Law 2009;

Considering the proposal of the Minister of Education and Training,

DECREE:

Article 1. Scope of Regulation

This Decree stipulates the responsibilities for State management of education as prescribed by the Education Law 2005 and the Law Amending and Supplementing Certain Articles of the Education Law 2009.

As for the responsibilities for State management of vocational training, they shall continue to be implemented according to the provisions of Government Decree No. 70/2009/NĐ-CP dated August 21, 2009.

Article 2. Applicability

This Decree applies to Ministries, agencies at the level of Ministries (hereinafter referred to collectively as "Ministries"), People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as "Provincial People's Committee"), Departments of Education and Training under Provincial People's Committees, People's Committees of districts, towns, and cities under provinces (hereinafter referred to collectively as "District People's Committee"), Departments of Education and Training under District People's Committees, People's Committees of communes, wards, and towns (hereinafter referred to collectively as "Commune People's Committee").

Article 3. Principles for Prescribing Responsibilities for State Management of Education

1. Ensuring unity, continuity, and enhancing the effectiveness and efficiency of State management of education.

2. Ensuring that tasks, authorities, and responsibilities correspond with financial resources, human resources, and other necessary conditions to fulfill assigned tasks.

3. Assigning, decentralizing, and clearly defining tasks, authorities, and responsibilities regarding the field of education for Ministries, People's Committees at all levels, and related agencies, while fully promoting the initiative and creativity of educational management agencies at all levels in performing their assigned duties and responsibilities.

Article 4. Responsibilities for State Management of Education of the Ministry of Education and Training

The Ministry of Education and Training is responsible before the Government for State management of education as prescribed by the Education Law 2005, the Law Amending and Supplementing Certain Articles of the Education Law 2009, and the Government Decree on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training, this Decree, and related regulatory legal documents.

Article 5. Responsibilities for State Management of Education of Ministries

Ministries are responsible for implementing the tasks and authorities of State management as prescribed in the Government Decree on the functions, tasks, powers, and organizational structure of Ministries; and coordinating with the Ministry of Education and Training to ensure unified State management of education.

1. Ministries with subordinate educational institutions have the responsibility to:

a) Develop and implement long-term, five-year, and annual strategies, plans for training and developing human resources in their respective sectors and fields within their jurisdiction, in accordance with national human resource development strategies, plans, and requirements of the industry and society;

b) Coordinate with the Ministry of Education and Training in specifying the training process, determining certificates recognizing practical skills and applications for those who have specialized further education after graduating from university in certain special professional fields; developing a framework program for intermediate vocational training;

c) Direct and inspect subordinate higher education and intermediate vocational training institutions in ensuring conditions for establishing schools, educational activities, opening training programs; implementing admission regulations, training, joint training; managing and issuing certificates and diplomas; collecting and disbursing tuition fees, publicly disclosing educational quality and conditions ensuring educational quality; publicly disclosing finances; linking training with social needs; planning, training, and implementing policies for teachers and educational managers according to the law;

d) Decide on opening training programs for intermediate vocational training institutions directly under the Ministry and those directly under enterprises where the Ministry exercises some rights and obligations of the owner according to the law;

đ) Implement statistical work, information, and reporting periodically and annually on the organization, operation, and conditions ensuring educational quality of subordinate educational institutions according to the regulations of the Ministry of Education and Training;

e) Recognize school councils for public educational institutions; rank educational institutions according to the law; decide on the establishment, permission to establish, merger, division, dissolution of intermediate vocational training institutions directly under the Ministry and those directly under enterprises where the Ministry exercises some rights and obligations of the owner, in accordance with approved intermediate vocational training network planning;

g) Appoint, reappoint, remove, demote heads and deputy heads of subordinate educational institutions or those directly under enterprises where the Ministry exercises some rights and obligations of the owner according to the law;

h) Manage, guide, and inspect the use of state budget and lawful revenues for educational institutions; implement socialization of education, mobilize social resources for education development; ensure autonomy and self-responsibility of subordinate educational institutions according to the law;

i) Inspect, audit, resolve complaints, denunciations, and suggestions in the field of education, handle violations according to the law.

2. The Ministry of Planning and Investment, in coordination with the Ministry of Education and Training and relevant agencies, will compile five-year and annual plans for national education development and incorporate them into the overall national socio-economic development plan, to be submitted to the Prime Minister for approval.

3. The Ministry of Finance, in coordination with the Ministry of Education and Training, will guide related ministries, provincial people's committees in preparing, allocating, and implementing the state budget for education; develop expenditure regulations for state budget activities in education; conduct financial and budget audits in the field of education according to the State Budget Law; guide the financial autonomy mechanism for educational institutions; the management and use mechanism for tuition fees and other lawful revenues of educational institutions.

4. The Ministry of Home Affairs shall take the lead in establishing and allocating civil servant quotas for ministries and provincial People's Committees (including the quotas for civil servants of the Department of Education and Training and the District Education and Training Office) within the total quota of civil servants approved annually by the Prime Minister; coordinate with the Ministry of Education and Training and relevant ministries and sectors to develop policies for teachers and educational management staff; and issue guiding documents on managing civil servants and public officials in the field of education according to their respective authorities.

Article 6. Responsibilities of Provincial People's Committees in State Management of Education

Provincial People's Committees are responsible before the Government for the development of education and the performance of state management functions in education within their provinces:

1. Developing and submitting to the provincial People's Council for decision-making on planning, programs, projects, and policies for education development within their jurisdictions; directing, guiding, inspecting, and organizing the implementation of such plans, programs, projects, and policies after they have been approved by competent authorities.

2. Implementing and inspecting the execution of legal documents on education; issuing local policies to promote education development within their jurisdictions.

3. Ensuring the quality of preschool education, general education, continuing education, and intermediate vocational education managed by localities; supervising the quality assurance of higher education institutions and other intermediate vocational schools in accordance with the law; directing and organizing the implementation of universal education, illiteracy prevention, and the construction of a learning society within their jurisdictions.

4. Directing, guiding, and organizing the implementation of statistical work, information, and annual reports on organizational structure and activities of education within their provinces to the Ministry of Education and Training.

5. Managing educational institutions

a) Administrative management of universities and colleges under ministries located within their jurisdictions; managing public universities directly under the province, private universities and colleges within their jurisdictions in accordance with the charter and operational regulations of the institutions issued by competent authorities and the provisions of the law;

b) Deciding on the establishment, permission to establish, division, separation, merger, dissolution, and transformation of types of schools under the provincial state management authority (including educational institutions with foreign investment participation): intermediate vocational schools, secondary general schools, multi-level general schools (including secondary level), continuing education centers, comprehensive technical training centers, provincial educational management cadre training schools (if any), boarding general schools for ethnic minorities, part-time general schools for ethnic minorities, language and computer centers, and other educational institutions under the management of provincial People's Committees;

c) Deciding on the appointment, reappointment, rotation, dismissal, demotion, and policy implementation for principals and deputy principals of public universities directly under the province according to the standards stipulated in the University Charter issued by the Prime Minister; recognizing or not recognizing the board of directors, chairman of the board of directors, and principal of private universities within their jurisdictions according to the standards set out in the Operational Regulations of Private Universities issued by the Prime Minister; recognizing the school council and provincial universities.

6. Specifying the functions, tasks, powers, and organizational structures of the Department of Education and Training; guiding district-level People's Committees to specify the functions, tasks, powers, and organizational structures of the District Education and Training Office according to this Decree and the guidance of the Ministry of Education and Training and the Ministry of Home Affairs.

7. Directing and guiding the Department of Education and Training to implement planning, recruitment, utilization, evaluation, rotation, training, and capacity building for teachers and educational management staff; ensuring sufficient personnel quotas for educational institutions and civil servant quotas for the Department of Education and Training.

8. Managing and inspecting the use of state budget funds allocated for education in accordance with the State Budget Law and current budget decentralization management; collecting and disbursing tuition fees, registration fees, and other lawful revenues from educational institutions under the management responsibility of provincial People's Committees; mobilizing resources for education and promoting socialization in education to develop education within their jurisdictions.

9. Directing, guiding, and implementing national policies and local policies to ensure the autonomy and self-responsibility of educational institutions.

10. Directing, guiding, inspecting, and organizing the implementation of scientific research and technology application activities in the field of education at educational institutions.

11. Directing and implementing international cooperation in education.

12. Directing, guiding, and organizing the implementation of competitive movements; deciding on awards for organizations and individuals who have made significant contributions to the development of education within their jurisdictions.

13. Directing the inspection of compliance with laws on education regarding the establishment of schools, educational activities, opening training programs; publicly disclosing educational quality and conditions ensuring educational quality; training linked to societal needs as guided by the Ministry of Education and Training for higher education institutions specified in point a, Clause 5, Article 6 of this Decree.

14. Directing, guiding, and organizing the implementation of administrative reform, thrift, anti-corruption, and waste prevention activities; inspecting, investigating, resolving complaints, petitions, suggestions, and handling violations in education according to the law.

15. Managing state services for consulting and sending people to study abroad independently in accordance with the law.

Article 7. Responsibilities of the Department of Education and Training

The Department of Education and Training shall be responsible for advising and assisting the People's Committee at the provincial level to perform state management functions in education:

1. Taking the lead and coordinating with relevant agencies:

a) Submitting to the People's Committee at the provincial level draft plans, programs, projects, policies for the development of education in the locality; draft decisions and directives on other matters within the jurisdiction of the People's Committee at the provincial level to develop education;

b) Submitting to the Chairman of the People's Committee at the provincial level draft decisions on establishing, allowing establishment, merging, splitting, dissolving educational institutions under the Department of Education and Training and other documents on education within the jurisdiction of the Chairman of the People's Committee at the provincial level.

2. Guiding, disseminating, publicizing and organizing the implementation of legal documents on education; planning, programs, proposals, and other contents on education after being approved by competent authorities.

3. Directing and organizing the implementation of professional and administrative work; universalizing education, combating illiteracy, and building a learning society in the locality; organizing admissions, examinations, issuing diplomas and certificates, quality assessment of education for district-level education and training departments and educational institutions under the department; deciding on opening new training programs for vocational colleges under the department according to regulations of the Ministry of Education and Training; permitting and suspending educational activities for educational institutions specified in point b, Clause 5, Article 6 of this Decree.

4. Assisting the People's Committee at the provincial level in managing organizations providing self-funded overseas study services according to the law.

5. Implementing statistics, information, and annual reports on the organization and operation of education in the locality to the People's Committee at the provincial level and the Ministry of Education and Training.

6. Taking the lead in guiding and compiling the annual staffing plan for education in the locality to submit to the competent authority for approval; allocating staffing for educational institutions under the department after approval by the competent authority; guiding, organizing, inspecting, and auditing recruitment, utilization, rotation, assignment, training, retraining, and implementing policies for teachers and educational managers in the province.

7. Deciding on the appointment, reappointment, dismissal, rotation, demotion of heads and deputy heads of educational institutions under the department; recognizing school councils of private educational institutions under its management, including private colleges located in the province.

8. Leading the development of specific standards and budget allocations for education in the locality; preparing the budget estimate for educational institutions under the department; deciding on the allocation of the allocated budget for education for educational institutions under the department after approval by the competent authority; coordinating with the Department of Finance and the Department of Planning and Investment to determine and balance the national budget for education annually in the locality, submitting to the competent authority for approval; guiding, inspecting, and supervising the use of the national budget and other lawful sources of income for education in the province.

9. Guiding and organizing the implementation of socialization in education, mobilizing resources to develop education; issuing regulations to ensure the autonomy and responsibility of educational institutions under the department; managing financial assets and facilities according to the law.

10. Assisting the People's Committee at the provincial level in inspecting and supervising compliance with laws on education in ensuring conditions for establishing schools, conducting educational activities, opening new training programs, publicly disclosing educational quality, publicly disclosing conditions for ensuring educational quality, and linking training with societal needs for higher education institutions specified in point a, Clause 5, Article 6 of this Decree.

11. Implementing administrative reform, practicing thrift, preventing corruption and waste, inspection, complaint resolution, and handling violations according to the law.

12. Assisting the People's Committee at the provincial level in managing educational institutions under its jurisdiction, including: colleges, vocational colleges (excluding public vocational colleges of ministries located in the locality), provincial educational management colleges (if any), high schools, multi-grade schools (including high school grades), continuing education centers, language and computer centers, education and vocational guidance centers; boarding schools, semi-boarding schools, and other educational institutions under its jurisdiction (if any) within the authority of the People's Committee at the provincial level.

Article 8. Responsibilities of the People's Committee at the district level for state management of education

The People's Committee at the district level shall be responsible for performing the function of state management of education within its jurisdiction; it shall be accountable to the People's Committee at the provincial level regarding the development of preschool, primary, and lower secondary education and the construction of a learning society within the district:

1. Developing plans, programs, and projects for the development of the education sector within the district and submitting them to the competent authority for approval; directing and inspecting the implementation of approved plans, programs, and projects.

2. Directing, guiding, organizing the implementation, and supervising inspections of educational institutions under its management in their compliance with legal regulations on education.

3. Directing and guiding inspections of the Department of Education and Training and educational institutions under the management of the People's Committee at the district level to ensure the quality of education within the district.

4. Implementing universal education, combating illiteracy, and building a learning society within the district.

5. Conducting statistical work, providing information, and reporting periodically and annually on the organization and activities of education according to the guidance of the People's Committee at the provincial level and the Department of Education and Training.

6. Deciding on the establishment (for public schools), permitting the establishment (for private schools), merging, splitting, suspending operations, and dissolving (including educational institutions with foreign investment participation) preschools, primary schools, lower secondary schools, general high schools with multiple levels (excluding upper secondary education), community learning centers, and other educational institutions (if any) under its management.

7. Ensuring sufficient staffing for the Department of Education and Training and personnel for educational institutions; directing and organizing the implementation of the development of teaching staff and educational managers; fully and promptly implementing state policies, issuing guidelines and measures to care for the material and spiritual life of teaching staff and educational managers under its management within the district.

8. Ensuring financial, asset, and physical conditions for the development of education within the district; promoting socialization in education, mobilizing social resources for the development of education; issuing regulations to ensure autonomy and self-responsibility obligations of educational institutions under its management; guiding, inspecting, and supervising the implementation thereof.

9. Directing, guiding, and organizing the implementation of commendation movements; deciding on awards for organizations and individuals who have made significant contributions to the development of education.

10. Directing, guiding, and organizing the implementation of administrative reform work, thrift, anti-corruption, and anti-waste efforts; conducting inspections, handling complaints, petitions, suggestions, and violations related to education in accordance with the law; inspecting and supervising the disclosure of educational quality, conditions ensuring educational quality, and financial transparency of educational institutions under the management of the People's Committee at the district level.

Article 9. Responsibilities of the Department of Education and Training

The Department of Education and Training shall be responsible for advising and assisting the People's Committee at the district level to perform state management functions in education within the district:

1. Taking the lead and coordinating with relevant agencies:

a) Submitting to the People's Committee at the district level draft guiding documents for implementing mechanisms, policies, laws, and regulations of the People's Committee at the provincial level concerning educational activities within the district; draft decisions, directives, plans, programs for developing education, administrative reform programs in the field of education within the district; other draft documents on the field of education under the jurisdiction of the People's Committee at the district level;

b) Submitting to the Chairman of the People's Committee at the district level draft decisions on establishing, allowing establishment, merging, splitting, dissolving educational institutions directly under the Department of Education and Training, and other individual documents on the field of education within the jurisdiction of the Chairman of the People's Committee at the district level.

2. Directing and organizing the implementation of specialized and professional work; enrollment, examination, issuance of diplomas and certificates; universal education, illiteracy prevention, and building a learning society within the district; permitting educational activities for educational institutions as stipulated in Clause 6, Article 8 of this Decree.

3. Implementing statistical work, information provision, and regular and annual reporting on the organization and operation of education according to the guidance of the Department of Education and Training and the People's Committee at the district level.

4. Taking the lead in drafting and consolidating staffing plans for educational institutions directly under the Department of Education and Training according to the guidance of the Department of Education and Training and the People's Committee at the district level; deciding on the allocation of staffing positions for educational institutions directly under the Department of Education and Training after approval by the competent authority; directing, organizing, inspecting, and supervising the recruitment, utilization, rotation, assignment, training, and capacity building of teachers and educational managers within the district; implementing policies for teachers and educational managers.

5. Deciding on the appointment, reappointment, dismissal, rotation, demotion, and removal from office of heads and deputy heads of educational institutions directly under the Department of Education and Training; recognizing and not recognizing boards of trustees, chairpersons of boards of trustees, principals, and deputy principals of private educational institutions under the management of the People's Committee at the district level.

6. Taking the lead in drafting and preparing annual budget estimates for educational institutions directly under the Department of Education and Training; deciding on the allocation of budget expenditures for educational institutions directly under the Department of Education and Training after approval by the competent authority; coordinating with financial and planning agencies 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, inspecting, and supervising the use of the national budget and other lawful revenue sources for education within the district.

7. Implementing administrative reforms, thrift practices, anti-corruption and waste measures, inspection, supervision, handling violations, resolving complaints and petitions regarding education as prescribed by law; inspecting and supervising the public disclosure of educational quality, conditions ensuring educational quality, and financial transparency of educational institutions directly under the Department of Education and Training.

8. Assisting the People's Committee at the district level in managing educational institutions directly under its jurisdiction, including preschools, primary schools, junior high schools, general secondary schools with multiple levels (excluding high school), and other educational institutions (if any) under the jurisdiction of the People's Committee at the district level.

Article 10. Responsibilities of the People's Committee at the Commune Level for State Management of Education

The People's Committee at the commune level shall be responsible for performing state management functions within its authority regarding education on the commune's territory:

1. Drafting and submitting to the People's Council at the commune level plans for developing education in the locality; organizing the implementation of the plan for developing education in the locality upon approval; establishing land planning for educational facilities on the commune's territory according to national standards for model schools issued by the Ministry of Education and Training.

2. Approving the establishment of private kindergartens and independent preschool classes in accordance with standards set by the Ministry of Education and Training; ensuring and being responsible for inspecting private kindergartens and independent preschool classes on the commune's territory to ensure compliance with legal regulations.

3. Promoting socialization in education; creating a healthy educational environment; mobilizing the people to care about education; coordinating with schools to care for children's education to implement new cultural lifestyles; participating in protecting and preserving historical sites, scenic spots, cultural works, and facilities for learning and recreation for students; mobilizing resources to develop education in the commune.

4. Implementing statistical systems and regular annual reporting on the organization and activities of education on the commune's territory in accordance with guidelines from the People's Committee at the district level and the Department of Education and Training.

5. Coordinating with educational institutions on the commune's territory to organize registration and mobilize all individuals within school age to ensure universal education, combat illiteracy, and create conditions for continuous lifelong learning for everyone.

6. Managing community learning centers; coordinating with the Department of Education and Training to manage preschool educational facilities, primary schools, and junior high schools on the commune's territory.

Article 11. Implementation Provisions

1. This Decree takes effect from February 15, 2011. This Decree replaces Government Decree No. 166/2004/NĐ-CP dated September 16, 2004, which stipulates responsibilities for state management of education.

2. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Home Affairs to provide detailed guidance on the functions, tasks, powers, organizational structure, and staffing of the Departments of Education and Training under the People's Committees at the provincial level and the Departments of Education and Training under the People's Committees at the district level as prescribed in this Decree.

3. The Minister of Education and Training, the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities, and related agencies are responsible for implementing this Decree./.