Circular No. 12/2025/TT-BGDĐT stipulates on decentralization, delegation, and determination of administrative authority for the management of state administration at two levels concerning the field of teachers and educational institution managers.

CIRCULAR

Regulations on Delegation, Classification, and Determination of Authorityto Perform State Management Tasks of Two-Tier Local Governments 3. NATIONAL UNIVERSITIES ARE SUBJECT TO STATE MANAGEMENT BY THE MINISTRY OF EDUCATION AND TRAINING, THE MINISTRY OF SCIENCE AND TECHNOLOGY, OTHER MINISTRIES AND SECTORS, AND PEOPLE'S COMMITTEES AT ALL LEVELS WHERE NATIONAL UNIVERSITIES ARE LOCATED, WITHIN THE SCOPE OF THEIR FUNCTIONS AS PROVIDED BY THE GOVERNMENT AND IN COMPLIANCE WITH LAWS. in the Field of Teachers and Educational Institution Managers field of teachers and educational institution managers

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Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

Pursuant to the Government Decree No. 37/2025/NĐ-CP dated February 26, 2025, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 142/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the determination of authority of two-tier local governments in the field of state management by the Ministry of Education and Training;

Pursuant to Decree No. 143/2025/NĐ-CP dated June 12, 2025 of the Government stipulating delegation and classification in the field of state management by the Ministry of Education and Training;

At the proposal of The Director of the Legal Department;

The Minister of Education and Training issues this Circular to regulate delegation, classification, and determination of authority for two-tier local governments to perform state management tasks in the field of teachers and educational institution managers.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates delegation, classification, and determination of authority for two-tier local governments to perform state management tasks in the field of teachers and educational institution managers as prescribed in legal documents issued by the Minister of Education and Training.

This Circular applies to central administrative agencies, local governments, educational institutions, and other organizations and individuals related thereto.

Article 2. Principles of Delegation, Classification, and Determination of Authority

1. Ensuring compliance with the Constitution; consistent with principles and regulations on delegation, classification, and determination of authority under the Law on the Organization of the Government, the Law on the Organization of Local Administration, and Government Decrees on delegation, classification, and determination of authority in the education sector.

2. Ensuring appropriate delegation, classification, and determination of tasks and powers between different levels of local government in accordance with the duties, powers, and capabilities of the implementing agencies and persons authorized to exercise such duties and powers; avoiding overlap, duplication, or omission of functions and tasks between different levels of local government and among agencies and organizations within local government when performing state management tasks concerning teachers and educational institution managers.

3. Ensuring that it does not affect the implementation of international treaties and agreements in the field of education to which the Socialist Republic of Vietnam is a party.

4. Resources for implementing the determination of authority shall be guaranteed by the state budget in accordance with the provisions.

Article 3. Fees and Charges

When handling administrative procedures requiring payment of fees and charges as prescribed by laws on fees and charges, citizens and organizations must pay the fees and charges simultaneously upon submission of their application for administrative procedures to the receiving agency. The amount of fees and charges, their management and use shall be carried out in accordance with the provisions of the Government, the Minister of Finance, or the People's Councils of provinces for corresponding fees and charges.

Article 4. Principles of Electronic Data Utilization and Usage

Agencies handling administrative procedures have the responsibility to utilize electronic data already available in the National Population Database and other specialized databases to supplement information in the electronic files of individuals and organizations handling administrative procedures, without requesting individuals and organizations to submit or present documents whose information has been obtained from these databases; except in cases where such data is used for verification and rechecking the authenticity of the information, documents, and materials that have been digitized.

Chapter II

DELEGATION, CLASSIFICATION, AND DETERMINATION OF AUTHORITY FOR THE PERFORMANCE OF TASKS AND POWERS IN THE FIELD OF TEACHERS AND EDUCATIONAL INSTITUTION MANAGERS

Article 5. Implementation organization of the principal standard for general education institutions

1. The authority to assess principals according to the principal standard for general education institutions as stipulated in point a, Clause 2, Article 11; to select and approve the list of key management staff for general education institutions as stipulated in point a, Clause 2, Article 12 of the Principal Standard for General Education Institutions issued together with Circular No. 14/2018/TT-BGDĐT dated July 20, 2018 of the Minister of Education and Training (hereinafter referred to as Circular No. 14/2018/TT-BGDĐT) shall be carried out by the Department of Education and Training.

2. Repeal Article 15 of Circular No. 14/2018/TT-BGDĐT.

Article 6. Implementation organization of the profession standard for teachers at general education institutions

1. The authority to select and approve key teachers at general education institutions as stipulated in point b, Clause 2, Article 12 of the Profession Standard for Teachers at General Education Institutions issued together with Circular No. 20/2018/TT-BGDĐT dated August 22, 2018 of the Minister of Education and Training (hereinafter referred to as Circular No. 20/2018/TT-BGDĐT) shall be carried out by the Department of Education and Training.

2. Repeal Article 15 of Circular No. 20/2018/TT-BGDĐT.

Article 7. Implementation organization of the principal standard for preschool education institutions

1. The authority to assess principals of preschool education institutions as stipulated in point a, Clause 2, Article 11; to select and approve the list of key management staff for preschool education institutions as stipulated in point a, Clause 2, Article 12 of the Principal Standard for Preschool Education Institutions issued together with Circular No. 25/2018/TT-BGDĐT dated October 8, 2018 of the Minister of Education and Training (hereinafter referred to as Circular No. 25/2018/TT-BGDĐT) shall be carried out by the Department of Education and Training.

2. Repeal Article 15 of Circular No. 25/2018/TT-BGDĐT.

Article 8. Implementation organization of the profession standard for preschool teachers

1. The authority to select key preschool teachers as stipulated in point b, Clause 2, Article 12 of the Profession Standard for Preschool Teachers issued together with Circular No. 26/2018/TT-BGDĐT dated October 8, 2018 of the Minister of Education and Training (hereinafter referred to as Circular No. 26/2018/TT-BGDĐT) shall be carried out by the Department of Education and Training.

2. Repeal Article 15 of Circular No. 26/2018/TT-BGDĐT.

Article 9. Authority to organize the Excellent Teacher Competition

1. The authority to organize the Excellent Teacher Competition and the Excellent Class Teacher Competition as stipulated in point b, Clause 1, Article 3 of the Regulations on the Excellent Teacher Competition for Preschool Education Institutions and General Education Institutions issued together with Circular No. 22/2019/TT-BGDĐT dated February 20, 2019 of the Minister of Education and Training (hereinafter referred to as Circular No. 22/2019/TT-BGDĐT) shall be carried out by the People's Committee of the Commune.

2. Replace the phrase "Director of the Department of Education and Training" with the phrase "Chairman of the People's Committee of the Commune"; the phrase "Department of Education and Training" with the phrase "People's Committee of the Commune"; the phrase "district level" with the phrase "commune level" in Circular No. 22/2019/TT-BGDĐT.

Article 10. Authority to organize the Excellent Team Leader Competition for the Ho Chi Minh Communist Youth Union

1. The authority to organize the Excellent Team Leader Competition for the Ho Chi Minh Communist Youth Union as stipulated in Article 8 of the Regulations on the Excellent Team Leader Competition for the Ho Chi Minh Communist Youth Union issued together with Circular No. 52/2012/TT-BGDĐT dated December 19, 2012 of the Minister of Education and Training (hereinafter referred to as Circular No. 52/2012/TT-BGDĐT) shall be carried out by the People's Committee of the Commune.

2. Replace the phrase "Director of the Department of Education and Training" with the phrase "Chairman of the People's Committee of the Commune"; the phrase "Department of Education and Training" with the phrase "People's Committee of the Commune"; the phrase "district level" with the phrase "commune level" in Circular No. 52/2012/TT-BGDĐT and Model 1a issued together with Circular No. 52/2012/TT-BGDĐT; replace the phrase "District/Huyện/Thị xã/Thành phố... Department of Education and Training" with the phrase "People's Committee of the Commune" and the phrase "Director" with the phrase "Chairman" in Model 1a issued together with Circular No. 52/2012/TT-BGDĐT.

Article 11. Replacing and abolishing certain phrases, points, clauses, and articles in some regulatory legal documents of the Minister of Education and Training concerning the field of teachers and educational institution managers.

1. Replace the phrases: "People's Committee at the district level," "Department of Education and Training" with the phrase "People's Committee at the commune level" in Article 6 and Article 7 of Circular No. 48/2011/TT-BGDĐT dated October 25, 2011, issued by the Minister of Education and Training, stipulating working conditions for kindergarten teachers.

2. Abolish certain phrases, points, clauses, and articles in Circular No. 19/2019/TT-BGDĐT promulgating the regulation on regular training for teachers and educational institution managers in kindergartens, primary schools, secondary schools, and continuing education centers as follows:

a) Remove the phrase "Department of Education and Training" in Circular No. 19/2019/TT-BGDĐT;

b) Abolish point c, clause 3, Article 8, and Article 16.

3. Replace and abolish certain phrases and clauses in Circular No. 24/2020/TT-BGDĐT dated August 25, 2020, issued by the Minister of Education and Training, regulating the use of teachers and educational managers in kindergartens, primary schools, and junior high schools that have not yet met the required qualifications as follows:

a) Replace the phrases: "Department of Education and Training" in Article 5 and "People's Committee at the district level" in Article 6 with the phrase "People's Committee at the commune level"; replace the phrase "related departments" with the phrase "specialized units" in point c, clause 4, Article 6;

b) Remove the phrases: "Department of Education and Training" and "Department of Civil Affairs" in clauses 3 and 4, Article 6;

c) Abolish clause 1, Article 5.

4. Replace the phrase "at the district level" with the phrase "at the commune level" in Circular No. 01/2021/TT-BGDĐT dated February 2, 2021, issued by the Minister of Education and Training, stipulating job titles, qualification standards, appointment, and salary grading for teaching staff in public kindergartens; Circular No. 02/2021/TT-BGDĐT dated February 2, 2021, issued by the Minister of Education and Training, stipulating job titles, qualification standards, appointment, and salary grading for teaching staff in public primary schools; and Circular No. 03/2021/TT-BGDĐT dated February 2, 2021, issued by the Minister of Education and Training, stipulating job titles, qualification standards, appointment, and salary grading for teaching staff in public junior high schools, all of which have been amended and supplemented by Circular No. 08/2023/TT-BGDĐT dated April 14, 2023, issued by the Minister of Education and Training.

5. Replace the phrase "excellent teachers at the district level or higher" with the phrase "excellent teachers at the commune level or higher" in the Job Description for Kindergarten Teachers Grade I; replace the phrase "awards from the district level or higher" with the phrase "awards from the commune level or higher" in the Job Description for Kindergarten Teachers Grade II; and replace the phrases: "Department of Education and Training," "People's Committee at the district, city district, town, provincial city, or central city level," "People's Committee at the district level," "Department of Education and Training and other specialized agencies under the People's Committee at the district level" with the phrase "People's Committee at the commune level" in the Job Descriptions in Appendix III accompanying Circular No. 19/2023/TT-BGDĐT dated October 30, 2023, issued by the Minister of Education and Training, guiding job positions, personnel structure according to job titles, and staffing norms in public kindergartens.

6. Replace the phrase "awards from the district level or higher" with the phrase "awards from the commune level or higher" and the phrases: "Department of Education and Training," "People's Committee at the district, city district, town, provincial city, or central city level," "People's Committee at the district level," "Department of Education and Training and other specialized agencies under the People's Committee at the district level" with the phrase "People's Committee at the commune level" in the Job Descriptions in Appendix III accompanying Circular No. 20/2023/TT-BGDĐT dated October 30, 2023, issued by the Minister of Education and Training, guiding job positions, personnel structure according to job titles, and staffing norms in public primary and secondary schools and specialized public schools.

7. Replace the phrase "at the district level" with the phrase "at the commune level" in Circular No. 11/2024/TT-BGDĐT dated September 18, 2024, issued by the Minister of Education and Training, stipulating job titles, qualification standards for vocational counselors.

8. Replace the phrase "People's Committee at the district level" with the phrase "People's Committee at the commune level" in clause 1, Article 14; and replace the phrase "Director of the Department of Education and Training" with the phrase "Chairman of the People's Committee at the commune level" in clause 5, Article 15 of Circular No. 05/2025/TT-BGDĐT dated March 7, 2025, issued by the Minister of Education and Training, stipulating working conditions for general education teachers and preparatory university teachers.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from July 1, 2025.

2. This Circular shall cease to be effective from March 1, 2027, except where laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister, or Circulars of the Minister of Education and Training provide for state management authority, responsibilities, procedures, and formalities regulated by this Circular and are adopted or issued from July 1, 2025, and become effective before March 1, 2027, then the corresponding provisions in this Circular shall cease to be effective upon the entry into force of such legal documents.

3. During the period when the provisions of this Circular are effective, if the provisions regarding state management authority, responsibilities, procedures, and formalities in this Circular differ from those in related legal documents issued before July 1, 2025, they shall be implemented according to the provisions of this Circular.

4. The Director of the Office, Heads of the Legal Department, the Director of the Teacher and Educational Manager Management Bureau, Heads of relevant units under the Ministry of Education and Training; Chairmen of Provincial People's Committees; Directors of Departments of Education and Training; Chairmen of Commune People's Committees; relevant agencies, organizations, units, and individuals are responsible for implementing this Circular./.