Decree No. 125/2011/ND-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

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THE GOVERNMENT

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

Pursuant to the Education Law on June 14, 2005; the Law Amending and Supplementing Certain Articles of the Education Law on November 25, 2009;

Considering the proposal of the Minister of Education and Training,

DECREE:

Article 1. Scope of Regulation

This Decree stipulates the position, tasks, powers, organization, and operation of schools under state agencies, political organizations, political-social organizations, and people's armed forces as specified in Article 2 of this Decree.

Article 2. Applicability

1. This Decree applies to academies, schools, and centers under, directly subordinate to: the Central Committee of the Communist Party of Vietnam and the Government; Ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Procuracy, the Supreme People's Court, the State Audit Agency, central agencies of political-social organizations; Provincial Party Committees, Municipal Party Committees, and Provincial People's Councils directly under the Central Government; County Party Committees, District Party Committees, City Party Committees, Town Party Committees, and County People's Councils, District People's Councils, Town People's Councils, and City People's Councils directly under provinces and municipalities directly under the Central Government with the mission of training and upgrading cadres, civil servants, and public officials; academies, schools, and centers under the management levels of the Ministry of National Defense and the Ministry of Public Security with the mission of training and upgrading officers, non-commissioned officers, professional military personnel, defense workers, public security workers, and upgrading cadres for leadership and state management on national defense and security tasks and knowledge (hereinafter referred to collectively as training and upgrading schools).

2. Training and upgrading schools specified in Clause 1 of this Article, when permitted by competent state authorities to operate education and implement educational programs to issue certificates from the national education system, shall comply with relevant laws on education for corresponding educational programs.

3. Higher education institutions, vocational education institutions, and continuing education institutions, when implementing the task of training and upgrading cadres, civil servants, and public officials, officers, non-commissioned officers, professional military personnel, defense workers, and public security workers, shall comply with relevant provisions of this Decree.

Article 3. Position of Training and Upgrading Schools

1. Political organization training and upgrading schools are public service units directly subordinate to the Central Committee of the Communist Party of Vietnam and the Government; Provincial Party Committees, Municipal Party Committees, and Provincial People's Councils directly under the Central Government; County Party Committees, District Party Committees, City Party Committees, Town Party Committees, and County People's Councils, District People's Councils, Town People's Councils, and City People's Councils directly under provinces and municipalities directly under the Central Government.

2. State agency training and upgrading schools are public service units under, directly subordinate to Ministries, ministerial-level agencies, government-affiliated agencies; the Supreme People's Procuracy; the Supreme People's Court; the State Audit Agency.

3. Political-social organization training and upgrading schools are public service units directly subordinate to central agencies of political-social organizations.

4. People's armed forces training and upgrading schools are armed organizations under, directly subordinate to management levels of the Ministry of National Defense and the Ministry of Public Security.

Article 4. Tasks and Powers of Training and Upgrading Schools

1. Training and upgrading schools have the following tasks and powers:

a) Organizing teaching, learning, and other activities according to the goals and training programs assigned by authorized bodies; issuing diplomas and certificates in accordance with regulations.

b) Organizing scientific research; summarizing practical experiences, researching, and developing theoretical foundations serving the work of formulating Party guidelines and State policies; participating in resolving economic and social issues, national defense and security issues at local and national levels.

c) Implementing autonomy and self-responsibility in accordance with the law.

d) Other tasks and powers as prescribed by the head of the directly superior agency or the head of the main managing agency (for armed forces) of the school in accordance with the law.

2. The head of the directly superior agency or the head of the main managing agency (for armed forces) of the training and upgrading school specifies the tasks and powers of the training and upgrading school.

Article 5. Content and form of training and capacity building

1. The content and form of training and capacity building shall be prescribed by the head of the directly superior agency or the Chief Head of the managing agency (for armed forces) of the training and capacity building institution in accordance with the guidelines of the competent authority managing the training and capacity building program.

2. Textbooks and training materials for training and capacity building shall be selected by the Rector (or Director) of the training and capacity building institution according to the guidelines of the competent authority managing the training and capacity building program, or organized to compile and submit to the competent authority managing the training and capacity building program for examination and approval.

Article 6. Forms of recognition of graduation certificates, levels of training, completion of training and capacity building programs

1. The Rector (or Director) of the training and capacity building institution shall issue a graduation certificate to students after they have completed a level of education, training, or a training and capacity building program.

2. The model of the graduation certificate and the management of graduation certificates shall be carried out in accordance with the regulations on diplomas and certificates of the national education system issued by the Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs.

The model of the training and capacity building certificate and the management of such certificates shall be implemented by the head of the directly superior agency or the Chief Head of the managing agency (for armed forces) of the training and capacity building institution in accordance with the guidelines of the competent authority managing the training and capacity building program.

Article 7. Organization and activities

1. The organizational structure of the training and capacity building institution includes: the Rector, Deputy Rectors (or Directors, Deputy Directors), and functional units, including: departments, specialized subjects; advisory offices, institutes, centers; units serving training and scientific research.

The head of the directly superior agency or the Chief Head of the managing agency (for armed forces) of the training and capacity building institution shall specify the organization and number of staff based on job positions or establishment of the institution.

In special cases, the organization and number of staff based on job positions or establishment of the training and capacity building institution shall be stipulated by the Government or the competent authority of the Communist Party of Vietnam.

2. The training and capacity building institution operates in accordance with the organizational and operational regulations and internal revenue and expenditure regulations issued by the Rector (or Director) of the training and capacity building institution based on the provisions of this Decree and relevant laws.

Article 8. Planning of network, establishment, and dissolution of training and capacity building institutions

The head of the directly superior agency or the Chief Head of the managing agency (for armed forces) of the training and capacity building institution shall determine the planning of the network of institutions in accordance with assigned tasks and implement the establishment and dissolution of affiliated institutions in accordance with the Government's regulations on establishing and dissolving public service units.

Article 9. Teachers of training and capacity building institutions

1. Teachers of training and capacity building institutions belong to the teaching staff in the national education system and must meet the standards and perform duties as prescribed by the Education Law.

2. Teachers of training and capacity building institutions shall be considered for appointment or dismissal from the titles of professor or associate professor in accordance with state regulations.

Article 10. Finance

1. The head of the directly superior agency or the head of the managing agency (for armed forces) of the training and retraining institution shall allocate operating funds for the training and retraining institution from the annual state budget estimate of the agency and ensure funding for training and retraining tasks assigned by competent state authorities.

2. The training and retraining institution shall balance its operating expenses from non-operating revenue sources for other activities according to the principle of covering all costs.

3. Revenue and expenditure systems and auditing shall be carried out in accordance with State regulations.

Article 11. Management of Training and Retraining Institutions

The training and retraining institution shall be directly managed by the directly superior agency regarding organizational structure and operations in accordance with the provisions of the law; it shall be professionally managed and guided by the state management agency and administratively managed by the People's Committees at various levels where the institution is located.

Article 12. Implementation Organization

1. Ministries, agencies equivalent to ministries, government agencies, central agencies of political organizations, political-social organizations, the Supreme People's Procuracy, the Supreme People's Court, the State Audit Agency, provincial-level People's Committees under the Central Government shall implement inspection, guidance of affiliated and subordinate training and retraining institutions to ensure compliance with the provisions of this Decree; they shall report annually to the Ministry of Home Affairs, the Ministry of Education and Training, and the Ministry of Labor, Invalids and Social Affairs within their respective state management authorities on the activities of affiliated and subordinate training and retraining institutions.

2. The Ministry of Home Affairs shall take the lead, coordinate with the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs to provide specific guidelines for the annual reports as stipulated in Clause 1 of this Article and compile reports to the Government on the training and retraining of cadres, civil servants, and public officials.

3. The Ministry of National Defense and the Ministry of Public Security shall compile reports

Article 13. Implementation Provisions

1. This Decree takes effect from February 15, 2012.

2. Ministers of ministries, heads of agencies equivalent to ministries, government agencies, heads of managing agencies of training and retraining institutions, Chairmen of provincial-level People's Committees under the Central Government, and Principals (or Directors) of training and retraining institutions shall be responsible for implementing this Decree./