This Decree stipulates the delineation of the authority of two-level local governments in state management in the education sector according to the Law on Government Organization, the Law on Local Administration, and related legal documents. The delineation of tasks and powers between levels of local government is consistent with the Constitution and current laws.
Đối tượng áp dụng
Two-level local governments (province and commune) in the field of state management of education.
Các điểm cốt lõi
- The Chairman of the People's Committee at the commune level shall exercise the authority to establish, permit operation, suspend operation, merge, divide, separate, and dissolve kindergartens, primary schools, junior high schools, and regular education centers.
- The Chairman of the People's Committee at the commune level decides on the payment of fees for exemption and reduction of tuition for students and trainees in accordance with the provisions of the law.
- The Chairman of the People's Committee at the provincial level shall exercise the authority to establish, permit operation, suspend operation, merge, divide, separate, and dissolve specialized secondary schools and art, physical education, and sports schools.
- The Chairman of the People's Committee at the provincial level decides on the appointment and removal of principals and deputy principals of public educational institutions.
- The Department of Education and Training is responsible for developing plans and programs for educational development, managing the teaching staff, organizing teaching activities, and quality control.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Facilitating access to information and the implementation of rights of individuals and organizations in the field of education.
- Negative impact: It may impose administrative procedural burdens on businesses when seeking permission to operate educational activities.
- Benefits: Minimizing overlapping authorities between levels of local government, creating favorable conditions for citizens and businesses.
❓ Câu hỏi thường gặp
Does the Chairman of the People's Committee at the commune level have the authority to establish a kindergarten?
Yes, the Chairman of the People's Committee at the commune level exercises the authority to establish or permit operation, suspend operation, merge, divide, separate, and dissolve kindergartens in accordance with this Decree.
Does the Chairman of the People's Committee at the provincial level have the authority to establish a specialized secondary school?
Yes, the Chairman of the People's Committee at the provincial level exercises the authority to establish or permit operation, suspend operation, merge, divide, separate, and dissolve specialized secondary schools in accordance with this Decree.
Does the Chairman of the People's Committee at the commune level have the authority to pay tuition fee exemptions and reductions?
Yes, the Chairman of the People's Committee at the commune level decides on payment (or delegates educational institutions to make payments), settlement of tuition fee exemptions, reductions, support, and learning expenses in accordance with the law.
Does the Chairman of the People's Committee at the provincial level have the authority to establish a school board?
Yes, the Chairman of the People's Committee at the provincial level decides on the establishment of a school board, recognition, appointment, and removal of the Chairperson of the school board, supplementation, and replacement of school board members in accordance with this Decree.
Does the Department of Education and Training have the authority to issue plans to implement the roadmap for raising the standard qualification training level?
No, the Department of Education and Training advises the Provincial People's Committee to issue annual plans based on the advice of the Department of Education and Training according to the results of reports and proposals for raising the standard qualification training level from educational institutions within its jurisdiction.
Toàn văn
DECREE
when violating management and operation of on defining the authority of two-level local administrations
in the field ofstate management by the Ministry of Education and Training
______________
Pursuant to the Law d.1. Amount of taxable income in Vietnam:organization of the Government in 2025;
Pursuant to the Law d.1. Amount of taxable income in Vietnam:organization of local administration in 2025;
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly qregarding the handling of certain issues related to the restructuring of the state apparatus;
Pursuant to the Law Geducation dated June 14, 2019;
Pursuant to the Law Ghigher education dated June 18, 2012 and the Law Amending and Supplementing Certain Provisions of the Higher Education Law November 19, 2018;
Pursuant to the Law Gvocational education November 27, 2014;
At the proposal of the Minister of Education and Training;
The Government issues this Decree defining the authority of two-level local administrations in the field of state management by the Ministry of Education and Training.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree provides for:
1. Defining the tasks and powers of local administrations according to the model of two-level local administration organization in the field of state management by the Ministry of Education and Training.
2. The procedures for implementing the tasks and powers of provincial and communal level local administrations as defined herein shall be carried out in accordance with the provisions of this Decree.
Article 2. Principles for defining administrative management authority in the field of education
1. Ensuring compliance with the Constitution, consistent with the principles and provisions on the division of authority, decentralization, and deconcentration under the Law on the Organization of the Government and the Law on the Organization of Local Administration.
2. Ensuring the division of tasks and powers between levels of local administration is appropriate to the responsibilities, powers, and capabilities of the agencies and persons authorized to perform such tasks and powers; avoiding overlap, duplication, or omission of functions and tasks between different levels of local administration and among agencies and organizations within the local administration.
3. Ensuring clear delineation of authority between People's Councils, People's Committees, and Chairpersons of People's Committees; clearly distinguishing the general authority of People's Committees from the specific authority of their Chairpersons.
4. Ensuring a legal basis for the normal, continuous, and smooth operation of agencies, society, citizens, and businesses; ensuring human rights and citizen rights; facilitating individuals and organizations in accessing information, exercising their rights and obligations, and complying with prescribed procedures.
5. Ensuring consistency in the implementation of the Constitution and laws; ensuring transparency, accountability, and effective control of power linked to supervisory, inspection, and audit activities by higher-level state agencies.
6. Ensuring that it does not affect the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party.
7. Resources for implementing the division of authority shall be guaranteed by the state budget in accordance with the regulations.
Article 3. On Fees and Charges
Administrative procedures involving payment of fees and charges as prescribed by the law on fees and charges must be accompanied by the submission of the fee and charge when citizens and organizations submit their applications for administrative procedures. The amount of fees and charges, their management, and utilization shall be implemented in accordance with the regulations of the Government, the Minister of Finance, or the People's Council at the provincial level for corresponding fees and charges.
Chapter II
DEFINING AUTHORITY IN THE FIELD OF EARLY CHILDHOOD EDUCATION
Article 4. Establishment or permission to establish, permission to operate education, suspension of educational activities, merger, division, separation, dissolution of public, private, and privately-run kindergartens, preschools (hereinafter referred to collectively as preschools).
Clause 1. The authority to establish or permit establishment, permit operation of education, suspend educational activities, merge, divide, separate, dissolve preschools as stipulated in Clause 1, Article 4, Clause 1, Article 6, Clause 2, Article 7, Clause 2, Article 8, and Clause 2, Article 9 of Decree No. 125/2024/NĐ-CP dated October 5, 2024 of the Government on conditions for investment and operation in the field of education shall be carried out by the Chairman of the People's Committee at the commune level.
Clause 2. The procedures and formalities for implementing the authority to establish or permit establishment, permit operation of education, suspend educational activities, merge, divide, separate, dissolve preschools shall be implemented according to Articles 1, 2, 3, 4, and 5 of Appendix I attached to this Decree.
Article 5. Establishment, permission to establish, suspension of educational activities, merger, division, separation, dissolution of independent nursery groups, independent kindergarten classes, independent preschool classes (public, private, and privately-run) (hereinafter referred to collectively as independent early childhood education facilities).
Clause 1. The authority to establish or permit establishment, suspend educational activities, merge, divide, separate, dissolve independent early childhood education facilities as stipulated in Clause 1, Article 11, Clause 2, Article 12, Clause 1, Article 13, and Clause 2, Article 14 of Decree No. 125/2024/NĐ-CP shall be carried out by the Chairman of the People's Committee at the commune level.
Clause 2. The procedures and formalities for implementing the authority to establish or permit establishment, suspend educational activities, merge, divide, separate, dissolve independent early childhood education facilities shall be implemented according to Articles 6, 7, 8, and 9 of Appendix I attached to this Decree.
Article 6. Conversion of privately-run preschools to non-profit privately-run preschools.
Clause 1. The authority to convert privately-run preschools invested by foreign investors and ensuring operating conditions as stipulated in Point b, Clause 2, Article 6 of Decree No. 84/2020/NĐ-CP dated July 17, 2020 of the Government detailing certain provisions of the Education Law shall be carried out by the Chairman of the People's Committee at the provincial level.
Clause 2. The authority to convert privately-run preschools invested by domestic investors and ensuring operating conditions as stipulated in Point b, Clause 2, Article 6 of Decree No. 84/2020/NĐ-CP shall be carried out by the Chairman of the People's Committee at the commune level.
Clause 3. The procedures and formalities for implementing the authority to convert privately-run preschools to non-profit privately-run preschools shall be implemented according to Article 10 of Appendix I attached to this Decree.
Article 7. Examination and review of applications to implement policies for developing preschool education.
Clause 1. The authority to examine and review applications and compile lists of preschool education facilities eligible for policy benefits as stipulated in Clause 3, Article 4 of Decree No. 105/2020/NĐ-CP dated September 8, 2020 of the Government on policies for developing preschool education shall be carried out by the People's Committee at the commune level.
Chapter III
DEFINITION OF AUTHORITY IN THE FIELD OF GENERAL EDUCATION
Article 8. Establishment or permission for establishment, permission to operate educational activities, suspension of educational activities, merger, division, separation, dissolution of public and private primary schools (hereinafter referred to collectively as primary schools).
1. The authority to establish or permit establishment, permit operation of educational activities, suspend educational activities, merge, divide, separate, dissolve primary schools as stipulated in Clause 1, Article 16, Clause 1, Article 18, Clause 2, Article 19, Clause 2, Article 20, and Clause 2, Article 21 of Decree No. 125/2024/ND-CP shall be implemented by the Chairman of the People's Committee at the commune level.
2. The procedures and formalities for implementing the authority to establish or permit establishment, permit operation of educational activities, suspend educational activities, merge, divide, separate, dissolve primary schools shall be carried out in accordance with Articles 11, 12, 13, 14, and 15 of Appendix I attached to this Decree.
Article 9. Permission, suspension, revocation of decisions granting permission for other educational institutions to implement the general education program for primary school level
1. The authority to grant permission, suspend, revoke decisions granting permission for other educational institutions to implement the general education program for primary school level as stipulated in Clause 1, Article 23 and Point a, Clause 2, Article 24 of Decree No. 125/2024/ND-CP shall be implemented by the Chairman of the People's Committee at the commune level.
2. The procedures and formalities for implementing the authority to grant permission, suspend, revoke decisions granting permission for other educational institutions to implement the general education program for primary school level shall be carried out in accordance with Articles 16 and 17 of Appendix I attached to this Decree.
Article 10. Establishment or permission for establishment, permission to operate educational activities, suspension of educational activities, merger, division, separation, dissolution of public and private lower secondary schools, high schools, and multi-grade schools
1. The authority to establish or permit establishment, permit operation of educational activities, suspend educational activities, merge, divide, separate, dissolve lower secondary schools and multi-grade schools with the highest grade being lower secondary school as stipulated in Clause 1, Article 26, Clause 1, Article 28, Clause 2, Article 29, Clause 2, Article 30, and Clause 2, Article 31 of Decree No. 125/2024/ND-CP shall be implemented by the Chairman of the People's Committee at the commune level.
2. The authority to establish or permit establishment, merge, divide, separate, dissolve high schools and multi-grade schools with the highest grade being high school as stipulated in Clause 1, Article 26, Clause 2, Article 30, and Clause 2, Article 31 of Decree No. 125/2024/ND-CP shall be implemented by the Chairman of the People's Committee at the provincial level.
3. The authority to permit operation of educational activities, suspend educational activities for high schools and multi-grade schools with the highest grade being high school as stipulated in Clause 1, Article 28 and Clause 2, Article 29 of Decree No. 125/2024/ND-CP shall be implemented by the Director of the Department of Education and Training.
4. The procedures and formalities for implementing the authority to establish or permit establishment, permit operation of educational activities, suspend educational activities, merge, divide, separate, dissolve lower secondary schools, high schools, and multi-grade schools shall be carried out in accordance with Articles 18, 19, 20, 21, and 22 of Appendix I attached to this Decree.
Article 11. Issuance of Primary School Graduation Certificates
The authority to issue primary school graduation certificates as stipulated in Clause 2, Article 34 and Clause 2, Article 45 of the Education Law shall be carried out by the Chairman of the People's Committee at the commune level.
Article 12. Conversion of Private General Secondary Schools to Non-Profit Private General Secondary Schools
1\. The authority to convert private elementary schools, private lower secondary schools, and private general secondary schools with the highest grade being lower secondary, which are invested in and operate under conditions specified in Point b, Clause 2, Article 7 of Decree No. 84/2020/NĐ-CP, shall be exercised by the Chairman of the People's Committee at the commune level.
2\. The authority to convert private upper secondary schools, private general secondary schools with the highest grade being upper secondary, which are invested in and operate under conditions specified in Point b, Clause 2, Article 7 of Decree No. 84/2020/NĐ-CP, and private general secondary schools invested in and operated under conditions specified in Point b, Clause 2, Article 7 of Decree No. 84/2020/NĐ-CP by foreign investors, shall be exercised by the Chairman of the People's Committee at the provincial level.
3\. The procedures for exercising the authority to convert private general secondary schools to non-profit private general secondary schools shall be carried out in accordance with Article 23 of Appendix I attached to this Decree.
ChapterIV
DETERMINATION OF AUTHORITY IN THE FIELD OF CONTINUOUS EDUCATION
Article 13. Establishment or Permission to Establish, Suspension of Operations, Merger, Division, Splitting, Dissolution of Public and Private Continuing Education Centers, Vocational Education and Training - Continuing Education Centers
1\. The authority to establish, suspend operations, merge, divide, split, and dissolve public continuing education centers, vocational education and training - continuing education centers shall be exercised by the Chairman of the People's Committee at the provincial level as stipulated in Clause 1, Article 33, Clause 2, Article 34, Clause 2, Article 35, and Clause 2, Article 36 of Decree No. 125/2024/NĐ-CP.
2\. The authority to permit establishment, suspend operations, merge, divide, split, and dissolve private continuing education centers, vocational education and training - continuing education centers shall be exercised by the Director of the Department of Education and Training as stipulated in Clause 1, Article 33, Clause 2, Article 34, Clause 2, Article 35, and Clause 2, Article 36 of Decree No. 125/2024/NĐ-CP.
3\. The procedures for exercising the authority to establish or permit establishment, suspend operations, merge, divide, split, and dissolve public and private continuing education centers, vocational education and training - continuing education centers shall be carried out in accordance with Articles 24, 25, 26, and 27 of Appendix I attached to this Decree.
Article 14. Establishment or Permission to Establish, Suspension of Operations, Merger, Division, Splitting, Dissolution of Public and Private Community Learning Centers
1\. The authority to establish or permit establishment, suspend operations, merge, divide, split, and dissolve community learning centers shall be exercised by the Chairman of the People's Committee at the commune level as stipulated in Clause 1, Article 38, Clause 2, Article 39, Clause 2, Article 40, and Clause 2, Article 41 of Decree No. 125/2024/NĐ-CP.
2\. The procedures for exercising the authority to establish or permit establishment, suspend operations, merge, divide, split, and dissolve community learning centers shall be carried out in accordance with Articles 28, 29, 30, and 31 of Appendix I attached to this Decree.
Article 15. Establishment or permission for establishment, suspension of operations, merger, division, separation, dissolution of other centers implementing public and private regular education tasks
1. The authority to establish or permit establishment, suspend operations, merge, divide, separate, and dissolve other centers implementing regular education tasks as stipulated in Point b Clause 1 Article 44, Clause 2 Article 45, Clause 2 Article 46, and Clause 2 Article 47 of Decree No. 125/2024/ND-CP shall be carried out by the Director of the Department of Education and Training.
2. The procedures for exercising the authority to establish or permit establishment, suspend operations, merge, divide, separate, and dissolve other centers implementing regular education tasks shall be implemented according to Articles 32, 33, 34, and 35 of Appendix I attached to this Decree.
Article 16. Establishment or permission for establishment, suspension of operations, merger, division, separation, dissolution of public and private centers supporting inclusive education development
1. The authority to establish, suspend operations, merge, divide, separate, and dissolve public centers supporting inclusive education development as stipulated in Clause 1 Article 49, Clause 2 Article 50, Clause 2 Article 51, and Clause 2 Article 52 of Decree No. 125/2024/ND-CP shall be carried out by the Chairman of the Provincial People's Committee.
2. The authority to permit establishment, suspend operations, merge, divide, separate, and dissolve private centers supporting inclusive education development as stipulated in Clause 1 Article 49, Clause 2 Article 50, Clause 2 Article 51, and Clause 2 Article 52 of Decree No. 125/2024/ND-CP shall be carried out by the Director of the Department of Education and Training.
3. The procedures for exercising the authority to establish or permit establishment, suspend operations, merge, divide, separate, and dissolve centers supporting inclusive education development shall be implemented according to Articles 36, 37, 38, and 39 of Appendix I attached to this Decree.
Article 17. Inspection and recognition of achievement of universal education and literacy standards
1. The authority to inspect and recognize achievement of universal education and literacy standards for communes as stipulated in Clause 1 Article 25 of Government Decree No. 20/2014/ND-CP dated March 24, 2014 on universal education and literacy shall be carried out by the Provincial People's Committee.
2. The contents of inspection and recognition of achievement of universal education and literacy standards for communes shall be implemented according to Article 29 of Government Decree No. 20/2014/ND-CP.
3. The application dossier for recognition of commune achievement of universal education and literacy standards includes:
a) The universal education and literacy dossier including: Survey forms for universal education and literacy; monitoring books for universal education and literacy; lists of children completing the preschool education program (for universal preschool education); lists of students completing the primary education program (for universal primary education); lists of students graduating from lower secondary school; lists of students with vocational certificates (for universal lower secondary education); lists of learners recognized as literate at various levels (for literacy).
b) The dossier for recognition of commune achievement of standards including: Reports on the implementation process and results of universal education or literacy accompanied by statistical tables; inspection records of provincial universal education or literacy inspections for communes.
4. The procedures for exercising the authority to inspect and recognize achievement of universal education and literacy standards for communes shall be implemented according to Article 30 of Government Decree No. 20/2014/ND-CP by the Provincial People's Committee.
5. The time frame for inspecting and recognizing achievement of universal education and literacy standards for communes shall be implemented according to Article 31 of Government Decree No. 20/2014/ND-CP by the Provincial People's Committee.
6. The responsibility for state management of universal education and literacy as stipulated in Article 38 of Government Decree No. 20/2014/ND-CP shall be carried out by the Commune People's Committee.
Chapter V
DETERMINATION OF AUTHORITY FOR SPECIALIZED SCHOOLS
Article 18. Establishment, permission to operate education, suspension of educational activities, merger, division, separation, dissolution of boarding schools for ethnic minorities
1. The authority to establish, merge, divide, separate, and dissolve boarding schools for ethnic minorities as stipulated in Clause 1 of Article 54, Point b of Clause 2 of Article 57 and Point b of Clause 3 of Article 57 of Decree No. 125/2024/ND-CP shall be exercised by the Chairman of the Provincial People's Committee.
2. The authority to permit middle school boarding schools for ethnic minorities to operate educational activities and suspend educational activities at middle school boarding schools for ethnic minorities as stipulated in Clause 1 of Article 56 and Point b of Clause 1 of Article 57 of Decree No. 125/2024/ND-CP shall be exercised by the Chairman of the Commune People's Committee.
3. The authority to permit high school boarding schools with the highest level being high school to operate educational activities and suspend educational activities at high school boarding schools with the highest level being high school as stipulated in Clause 1 of Article 56 and Point b of Clause 1 of Article 57 of Decree No. 125/2024/ND-CP shall be exercised by the Director of the Department of Education and Training.
4. The procedures for exercising the authority to establish, permit operation of educational activities, suspend educational activities, merge, divide, separate, and dissolve boarding schools for ethnic minorities shall be carried out in accordance with Articles 40, 41, and 42 of Appendix I attached to this Decree.
Article 19. Establishment, permission to operate education, suspension of educational activities, merger, division, separation, dissolution of semi-boarding schools for ethnic minorities
1. The authority to establish, permit operation of educational activities, suspend educational activities, merge, divide, separate, and dissolve semi-boarding schools for ethnic minorities as stipulated in Clause 1 of Article 59, Clause 1 of Article 61, Point b of Clause 1 of Article 62, Point b of Clause 2 of Article 62, and Point b of Clause 3 of Article 62 of Decree No. 125/2024/ND-CP shall be exercised by the Chairman of the Commune People's Committee.
2. The procedures for exercising the authority to establish, permit operation of educational activities, suspend educational activities, merge, divide, separate, and dissolve semi-boarding schools for ethnic minorities shall be carried out in accordance with Articles 43, 44, and 45 of Appendix I attached to this Decree.
Article 20. Establishment or permission to establish, permission to operate education, suspension of educational activities, merger, division, separation, dissolution of public and private specialized secondary schools
1. The authority to establish or permit establishment, merge, divide, separate, and dissolve specialized secondary schools as stipulated in Clause 1 of Article 71 and Clause 2 of Article 74 of Decree No. 125/2024/ND-CP shall be exercised by the Chairman of the Provincial People's Committee.
2. The authority to permit operation of educational activities and suspend educational activities at specialized secondary schools as stipulated in Clause 1 of Article 73 and Clause 1 of Article 74 of Decree No. 125/2024/ND-CP shall be exercised by the Director of the Department of Education and Training.
3. The procedures for exercising the authority to establish or permit establishment, permit operation of educational activities, suspend educational activities, merge, divide, separate, and dissolve specialized secondary schools shall be carried out in accordance with Articles 46, 47, and 48 of Appendix I attached to this Decree.
Article 21. Establishment or permission to establish, permission to operate education, suspension of educational activities, merger, division, separation, dissolution of arts, physical education, and sports talent schools
1. The authority to establish or permit establishment, merge, divide, separate, and dissolve arts, physical education, and sports talent schools located within the province as stipulated in Clause 1 of Article 76, Point b of Clause 2 of Article 79, and Point b of Clause 3 of Article 79 of Decree No. 125/2024/ND-CP shall be exercised by the Chairman of the Provincial People's Committee.
2. The authority to permit arts, physical education, and sports talent schools under localities to operate educational activities and suspend educational activities at arts, physical education, and sports talent schools under localities as stipulated in Clause 1 of Article 78 and Point b of Clause 1 of Article 79 of Decree No. 125/2024/ND-CP shall be exercised by the Director of the Department of Education and Training.
3. The procedures for exercising the authority to establish or permit establishment, permit operation of educational activities, suspend educational activities, merge, divide, separate, and dissolve arts, physical education, and sports talent schools located within the province shall be carried out in accordance with Articles 49, 50, and 51 of Appendix I attached to this Decree.
Article 22. Establishment or permission for establishment, permission to operate education, suspension of educational activities, merger, division, separation, dissolution of schools and classes for persons with disabilities.
1. The authority to establish or permit the establishment, merger, division, separation, and dissolution of schools for persons with disabilities, and to establish or permit the establishment of classes for persons with disabilities in secondary general education schools and centers for continuing education implementing the secondary general education program as stipulated in Clause 1, Article 81, Point b, Clause 2, Article 84, Point b, Clause 3, Article 84, and Clause 2, Article 85 of Decree No. 125/2024/NĐ-CP shall be exercised by the Chairman of the People's Committee at the provincial level.
2. The authority to establish or permit the establishment of classes for persons with disabilities in kindergartens, primary schools, junior high schools, and centers for continuing education implementing literacy programs and secondary continuing education programs as stipulated in Clause 2, Article 85 of Decree No. 125/2024/NĐ-CP shall be exercised by the Chairman of the People's Committee at the commune level.
3. The authority to permit schools for persons with disabilities to operate educational activities and suspend educational activities of such schools as stipulated in Clause 1, Article 83, and Point b, Clause 1, Article 84 of Decree No. 125/2024/NĐ-CP shall be exercised by the Director of the Department of Education and Training.
4. The procedures for exercising the authority to establish or permit the establishment, permit operation of educational activities, suspend educational activities, merger, division, separation, and dissolution of schools and classes for persons with disabilities shall be carried out in accordance with Articles 52, 53, 54, and 55 of Appendix I attached to this Decree.
Chapter VI
DEFINITION OF AUTHORITY IN THE FIELD OF VOCATIONAL EDUCATION
Article 23. Establishment or permission for establishment of vocational education institutions and establishment or permission for establishment of branch campuses of secondary vocational colleges.
1. The authority to establish or permit the establishment of vocational training centers and public secondary vocational colleges directly under provinces and centrally-administered cities; permission to establish vocational training centers and private secondary vocational colleges on the territory as stipulated in Clause 1, Article 7 of Decree No. 143/2016/NĐ-CP dated October 14, 2016 of the Government on conditions for investment and operation in the field of vocational education shall be exercised by the Chairman of the People's Committee at the provincial level.
2. The authority to establish or permit the establishment of branch campuses of secondary vocational colleges as stipulated in Point b, Clause 2, Article 9 of Decree No. 143/2016/NĐ-CP (amended and supplemented by Clause 6, Article 1 of Decree No. 24/2022/NĐ-CP dated April 6, 2022 of the Government amending and supplementing several Decrees on conditions for investment and operation in the field of vocational education) shall be exercised by the Chairman of the People's Committee at the provincial level.
3. The procedures for exercising the authority to establish or permit the establishment of vocational education institutions and establish or permit the establishment of branch campuses of secondary vocational colleges shall be carried out in accordance with Article 56 of Appendix I attached to this Decree.
Article 24. Merger, division, separation, dissolution, name change of vocational education institutions; termination of operations of branch campuses of secondary vocational colleges.
1. The authority to merge, divide, separate, dissolve, or permit merging, dividing, separating, dissolving, and changing the name of vocational training centers and public secondary vocational colleges directly under provinces and centrally-administered cities; permission to establish vocational training centers and private secondary vocational colleges on the territory as stipulated in Point c, Clause 3, Article 10, Point d, Clause 4, Article 11, and Point b, Clause 2, Article 13 of Decree No. 143/2016/NĐ-CP (amended and supplemented by Point b, Clause 7, Clause 9, Article 1 of Decree No. 24/2022/NĐ-CP) shall be exercised by the Chairman of the People's Committee at the provincial level.
2. The authority to terminate the operations of branch campuses of secondary vocational colleges as stipulated in Article 12 of Decree No. 143/2016/NĐ-CP shall be exercised by the Chairman of the People's Committee at the provincial level.
3. The procedures for exercising the authority to divide, separate, merge, dissolve, or permit merging, dividing, separating, dissolving vocational education institutions, change the name of vocational education institutions; terminate the operations of branch campuses of secondary vocational colleges shall be carried out in accordance with Articles 57, 58, 59, and 60 of Appendix I attached to this Decree.
Article 25. Issuance of Registration Certificate for Vocational Education Activities
1. The authority to issue the Registration Certificate for Vocational Education Activities for vocational secondary schools, vocational training centers, and enterprises, and to issue additional Registration Certificates for Vocational Education Activities as stipulated in Clause 2, Article 16, and Clause 2, Article 20 of Decree No. 143/2016/NĐ-CP (amended and supplemented by Clause 12 and Clause 16, Article 1 of Decree No. 24/2022/NĐ-CP) shall be carried out by the Director of the Department of Education and Training.
2. The procedures for issuing the Registration Certificate for Vocational Education Activities for vocational secondary schools, vocational training centers, and enterprises, and issuing additional Registration Certificates for Vocational Education Activities shall be implemented according to Articles 61 and 62 of Appendix I attached to this Decree.
Article 26. Suspension of Vocational Education Activities and Revocation of Registration Certificate for Vocational Education Activities
1. The authority to suspend vocational education activities for vocational secondary schools, vocational training centers, and enterprises, and to revoke the Registration Certificate for Vocational Education Activities for vocational secondary schools, vocational training centers, and enterprises as stipulated in Clause 2, Article 21, and Point b, Clause 2, Article 22 of Decree No. 143/2016/NĐ-CP (amended and supplemented by Clause 17 and Clause 18, Article 1 of Decree No. 24/2022/NĐ-CP) shall be carried out by the Director of the Department of Education and Training.
2. The procedures for suspending vocational education activities for vocational secondary schools, vocational training centers, and enterprises, and revoking the Registration Certificate for Vocational Education Activities for vocational secondary schools, vocational training centers, and enterprises shall be implemented according to Article 63 of Appendix I attached to this Decree.
Article 27. Permission to Establish Vocational Training Centers, Vocational Secondary Schools, and Branches of Vocational Secondary Schools with Foreign Investment
1. The authority to grant permission to establish vocational training centers, vocational secondary schools, and branches of vocational secondary schools with foreign investment as stipulated in Clause 2, Article 13 of Decree No. 15/2019/NĐ-CP dated February 1, 2019 of the Government detailing certain provisions and measures to implement the Law on Vocational Education shall be carried out by the Chairman of the People's Committee of the province.
2. The procedures for granting permission to establish vocational training centers, vocational secondary schools, and branches of vocational secondary schools with foreign investment and registering their vocational education activities, and the duration of such activities for vocational education institutions with foreign investment shall be implemented according to Articles 64 and 65 of Appendix I attached to this Decree.
Article 28. Permission to Merge, Split, Consolidate, Dissolve, Change Names of Vocational Training Centers, Vocational Secondary Schools with Foreign Investment; Termination of Operations of Branches of Vocational Secondary Schools with Foreign Investment
1. The authority to grant permission to consolidate, split, merge, dissolve, change names of vocational training centers, vocational secondary schools with foreign investment, and terminate operations of branches of vocational secondary schools with foreign investment as stipulated in Clause 3, Article 17, Clause 4, Article 18, Article 19, and Clause 2, Article 20 of Decree No. 15/2019/NĐ-CP (amended and supplemented by Clause 6 and Clause 8, Article 2 of Decree No. 24/2022/NĐ-CP) shall be carried out by the Chairman of the People's Committee of the province.
2. The procedures for granting permission to consolidate, split, merge, dissolve, change names of vocational education institutions with foreign investment, and terminate operations of branches of vocational secondary schools with foreign investment shall be implemented according to Articles 66, 67, 68, and 69 of Appendix I attached to this Decree.
Article 29. Issuing certificates, revoking certificates for registration of joint training activities with foreign countries
1. The authority to issue certificates, revoke certificates for registration of joint training activities with foreign countries, suspend joint training activities of vocational secondary schools, vocational education centers, and enterprises, terminate joint training activities as stipulated in Clause 2, Article 24, Point b, Clause 3, Article 26, Point a, Clause 6, Article 26, and Article 26a of Decree No. 15/2019/NĐ-CP (amended and supplemented by Decree No. 24/2022/NĐ-CP) shall be carried out by the Director of the Department of Education and Training.
2. The procedures and formalities for implementing the authority to issue certificates, revoke certificates for registration of joint training activities with foreign countries, suspend joint training activities of vocational secondary schools, vocational education centers, and enterprises, terminate joint training activities as prescribed in Articles 70 and 71 of Appendix I attached to this Decree.
Article 30. Permitting the establishment and recognition of private vocational education institutions, vocational education institutions with foreign investment operating without profit motive
1. The authority to permit the establishment and recognition of private vocational education institutions, vocational education institutions with foreign investment operating without profit motive as stipulated in Clause 2, Article 39 of Decree No. 15/2019/NĐ-CP shall be carried out by the Chairman of the People's Committee of the province.
2. The procedures and formalities for implementing the authority to permit the establishment and recognition of private vocational education institutions, vocational education institutions with foreign investment operating without profit motive as prescribed in Article 72 of Appendix I attached to this Decree.
Article 31. State management authority and content regarding vocational education
The state management authority and content regarding vocational education as stipulated in Article 7 of Decree No. 15/2019/NĐ-CP shall be carried out by the People's Committee of the province.
Article 32. Resolving residential policy issues for students studying at college and vocational levels
The authority to disburse scholarships and other support payments for students studying at non-public vocational education institutions eligible for residential policy benefits as stipulated in Clause 2, Article 5 of Decision No. 53/2015/QĐ-TTg dated October 20, 2015
Chapter VII
DEFINING SOME OTHER AUTHORITY IN THE FIELD OF EDUCATION
Article 33. Issuing plans to implement the roadmap for raising the qualification standards of kindergarten, primary, and lower secondary school teachers
The authority to issue plans to implement the roadmap for raising the qualification standards of kindergarten, primary, and lower secondary school teachers as stipulated in Point b, Clause 2, Article 8 of Decree No. 71/2020/NĐ-CP dated June 30, 2020 of the Government on the roadmap for raising the qualification standards of kindergarten, primary, and lower secondary school teachers shall be issued annually by the People's Committee of the province based on the advice of the Department of Education and Training according to the results of reports and proposals to raise qualification standards from educational institutions under their management and the People's Committee of the commune.
Article 34. Resolving scholarship allocation policies for ethnic minority students
1. The authority to establish scholarship quotas of the People's Committee of the commune and report proposed scholarship quotas to the People's Committee of the province as stipulated in Clause 3, Article 7 of Decree No. 141/2020/NĐ-CP dated December 8, 2020 of the Government on the scholarship allocation policy for ethnic minority students shall be carried out by the People's Committee of the commune.
2. The authority to decide on compensating scholarships and training costs for scholarship recipients who violate regulations as stipulated in Clause 2, Article 15 of Decree No. 141/2020/NĐ-CP shall be carried out by the Chairman of the People's Committee of the commune.
Article 35. Resolution on policies for tuition fee exemptions, reductions, and support for educational expenses for students in educational institutions
1. The authority to pay (or authorize educational institutions to pay), settle the budget for tuition fee exemptions, reductions, and support for educational expenses as stipulated in point a, Clause 2, Article 21 of Decree No. 81/2021/NĐ-CP dated August 27, 2021 of the Government on mechanisms for collecting and managing tuition fees for educational institutions under the national education system and policies for tuition fee exemptions, reductions, and support for educational expenses; service prices in the field of education and training shall be carried out by the People's Committee at the commune level.
2. The authority to pay (or authorize educational institutions to pay), settle the budget for tuition fee exemptions, reductions, and support for educational expenses as stipulated in points a and c, Clause 1 and points a and b, Clause 2, Article 22 of Decree No. 81/2021/NĐ-CP shall be carried out by the People's Committee at the commune level.
3. The authority to compile, draft the budget for implementing tuition fee exemptions, reductions, and support for educational expenses as stipulated in points a and c, Clause 3, Article 23 of Decree No. 81/2021/NĐ-CP shall be carried out by the People's Committee at the commune level.
4. The authority to examine, appraise, and approve lists for students at private vocational education institutions as stipulated in point c, Clause 5, Article 9 of Decree No. 84/2020/NĐ-CP shall be carried out by the People's Committee at the commune level.
5. The authority to pay scholarships for students at private vocational education institutions as stipulated in point c, Clause 7, Article 9 of Decree No. 84/2020/NĐ-CP shall be carried out by the People's Committee at the commune level.
6. Procedures and formalities for exercising the authority to resolve scholarship policies for students at private vocational education institutions as stipulated in Article 9 of Decree No. 84/2020/NĐ-CP.
Article 36. Resolution on policies for children in kindergartens, students, and trainees in ethnic minority and mountainous regions, coastal areas, islands, and educational institutions with children benefiting from such policies
1. Procedures and formalities for exercising the authority to review children in boarding kindergartens and procedures and formalities for disbursing funds for educational institutions under the kindergarten stage as stipulated in Article 8 of Decree No. 66/2025/NĐ-CP dated March 12, 2025 of the Government on policies for children in kindergartens, students, and trainees in ethnic minority and mountainous regions, coastal areas, islands, and educational institutions with children benefiting from such policies shall be carried out by the People's Committee at the commune level.
2. Procedures and formalities for exercising the authority to review boarding students and boarding trainees and procedures and formalities for disbursing funds and rice support for educational institutions under the People's Committee at the commune level as stipulated in Article 9 of Decree No. 66/2025/NĐ-CP shall be carried out by the People's Committee at the commune level.
3. Procedures and formalities for exercising the authority to disburse funds and provide rice support for boarding students of general education institutions under the People's Committee at the commune level as stipulated in Article 10 of Decree No. 66/2025/NĐ-CP shall be carried out by the People's Committee at the commune level.
4. Procedures and formalities for exercising the authority to prepare budgets, manage, and settle accounts for funding support for children in kindergartens, students, and support for educational institutions under the People's Committee at the commune level (excluding rice support) as stipulated in point a, Clause 1, and Clause 3, Article 12 of Decree No. 66/2025/NĐ-CP shall be carried out by the People's Committee at the commune level.
Article 37. Establishment of the Basic Level Council for Awarding the Titles of "People's Teacher" and "Outstanding Teacher"
1. The authority to establish the Basic Level Council for Awarding the Titles of "People's Teacher" and "Outstanding Teacher" as stipulated in point a, Clause 2, Article 9, Clause 1, Article 10, Appendix I of Decree No. 35/2024/NĐ-CP dated April 2, 2024 of the Government on awarding the titles of "People's Teacher" and "Outstanding Teacher" shall be implemented by the Chairman of the People's Committee at the commune level.
2. The procedures and formalities for exercising the authority to award the titles of "People's Teacher" and "Outstanding Teacher" shall be carried out in accordance with Chapter IV of Decree No. 35/2024/NĐ-CP.
Chapter VIII
STATE MANAGEMENT RESPONSIBILITIES IN EDUCATION OF LOCAL AUTHORITIES AT TWO LEVELS
Article 38. State management responsibilities in education of the People's Committee at the provincial level
The People's Committee at the provincial level shall perform state management functions in education in the locality and shall be responsible before the Government,
1. Regarding planning, programs, projects, policies for educational development
Develop and submit plans, programs, projects, policies to the Provincial People's Council for decision-making to promote education in the province in line with the national education development strategy and the socio-economic development plan of the locality.
2. Regarding material infrastructure for education
a) Develop and submit to the Provincial People's Council for approval the master plan for developing the education system, investment plans for building material infrastructure, resources, and funds to ensure conditions for organizing teaching and applying information technology and digital transformation in education in the province in accordance with the law;
b) Direct and organize the implementation of the allocation and provision of sufficient land for educational facilities according to the education development strategy and plan at the local level.
3. Regarding financial support for education within the scope of state management
a) Develop and submit to the Provincial People's Council for decision-making the framework or specific tuition fees and service charges supporting educational activities for public educational institutions under provincial state management in accordance with the law;
b) Direct and organize the implementation of mechanisms for collecting and using service charges for admissions at various levels managed by the locality after approval by the Provincial People's Council;
c) Direct and organize the implementation of the allocation of sufficient state budget for education in the locality in accordance with the law; manage and inspect the use of the state budget for education in accordance with the State Budget Law and current budget decentralization management to meet the conditions for ensuring educational quality;
d) Implement socialization policies in education, mobilize legitimate resources to develop education in the province.
4. Direct and organize the implementation of universal education, compulsory education, eradication of illiteracy, construction of national standard schools, and building a learning society in the locality.
5. Regarding the teaching staff, managerial personnel, civil servants, and workers
Advise and submit to the Provincial People's Council for decision-making the staffing quota of the Department of Education and Training within the total quota assigned by the competent authority; the number of employees receiving salary from the state budget in public educational institutions under provincial management in accordance with the law; issue policies to develop the teaching staff, managerial personnel, civil servants, and workers in the province.
6. Define the functions, tasks, powers, and organizational structure of the Department of Education and Training in accordance with the Government's regulations.
Article 39. Responsibilities of the Provincial People's Committee Chairman for State Management of Education
1. Deciding on the appointment, reappointment, extension of term of office, transfer, rotation, special assignment, resignation, removal from office, commendation, and disciplinary action against the Director and Deputy Director of the Department of Education and Training according to the job title standards and procedures prescribed by law.
2. Deciding on the establishment, merger, division, separation, dissolution, and transformation of types of educational institutions in accordance with this Decree and other relevant laws.
3. Deciding on the establishment of school boards, recognizing, appointing, and removing from office the Chairperson of school boards; supplementing and replacing members of school boards; recognizing, appointing, reappointing, extending terms of service, relieving from duties, removing from office, commending, and disciplining principals and deputy principals of provincial intermediate schools, colleges, provincial cadre training schools, and public universities directly under the province according to job title standards and procedures prescribed by law.
4. Regarding inspection and supervision in the field of education
a) Directing and organizing inspections and supervisions of the People's Committees at the commune level and related agencies in implementing laws on education within the scope of management of the Provincial People's Committee.
b) Directing and organizing the resolution of complaints, accusations, proposals, and reflections concerning education within the scope of management of the Provincial People's Committee.
c) Implementing responsibilities for managing administrative violation handling work in the field of education according to the provisions of the law.
d) Directing and organizing the inspection of the allocation and use of state budget and other lawful financial sources for education in the province.
e) Directing and organizing the inspection and supervision of the implementation of legal regulations regarding the system and policies for the teaching staff, leadership and management cadres, civil servants, and workers at educational institutions within the scope of management.
f) Directing and inspecting the assurance of information security, cyber security, and personal data protection for information technology systems and databases in the field of education in the locality.
5. Deciding or submitting to competent authorities for decision on rewarding organizations and individuals who have made significant contributions to the development of education in the locality.
6. Directing and organizing the application of information technology, digital transformation, and the development of a digital government in the field of education in the locality according to strategies, plans, and guiding documents of the Ministry of Education and Training and the Government; directing and organizing the implementation of statistical, information, and periodic and ad hoc reporting work about the field of education in the locality to the Ministry of Education and Training.
Article 40. Responsibilities of the Department of Education and Training
The Department of Education and Training is the specialized agency in the field of education, advising and assisting the Provincial People's Committee in performing state management functions of education in the locality, guiding the People's Committees at the commune level in carrying out state management work in education, and being responsible before the Provincial People's Committee and the Ministry of Education and Training for organizing, directing, and inspecting educational activities within the scope of management as prescribed and performing the following tasks and powers:
1. Regarding planning, programs, projects, policies for educational development
a) Advising the Provincial People's Committee to submit to the Provincial People's Council for decision on plans, programs, projects, and implementation of policies for developing education in the province in line with the national education development strategy and the socio-economic development plan of the locality.
b) Advising the submission to the Chairman of the Provincial People's Committee for issuance of decisions, directives, plans, and other documents in the field of education.
2. Regarding material infrastructure for education
a) Guiding and organizing the implementation of resource mobilization for education development, ensuring the autonomy and responsibility of subordinate educational institutions; property and material infrastructure are allocated according to the law. Being responsible for explaining educational activities, educational quality, teacher and student management, and the implementation of education development policies within the scope of management before the Provincial People's Council, the Provincial People's Committee, and the Ministry of Education and Training.
b) Advising the Provincial People's Committee to implement planning for the development of the education system, investment plans for building material infrastructure, resources, and funds to ensure conditions for teaching and learning and the application of information technology and digital transformation in education within the scope of authority prescribed.
3. Regarding financial support for education within the scope of state management
a) Advising the Provincial People's Committee to decide on the tuition fee framework or specific tuition fees, and service charges supporting educational activities for public educational institutions under the scope of state management of the province according to the law.
b) Preparing the education budget estimate, deciding on the allocation and assignment of the budget estimate for subordinate educational institutions after approval by the competent authority; approving final accounts, announcing annual final accounts, and compiling final account reports of subordinate educational institutions; coordinating with the Department of Finance to determine and balance the state budget for education annually within the scope of state management of the locality for submission to the competent authority. Being responsible for payment (or delegating educational institutions to make payments), settling accounts for tuition fee exemptions, subsidies for study expenses, and tuition fee support according to the law.
4. Regarding the teaching staff, management personnel, civil servants, and workers
a) Advise the provincial People's Committee to decide on the positions, staffing levels of civil servants of the Department of Education and Training in accordance with the provisions of the law; advise the provincial People's Committee to decide on the positions, total number of persons working and receiving salaries from the state budget in public educational institutions under its management authority in accordance with the provisions of the law; advise the provincial People's Committee to issue plans and programs for developing the teaching staff, managerial personnel, employees, and workers in educational institutions; take the lead in advising the provincial People's Committee to submit special policies for the teaching staff, managerial personnel, employees, and workers in public educational institutions to the Provincial People's Council;
b) Implement recruitment, management, utilization, appointment, promotion, change of occupational titles, training, enhancement, evaluation of the teaching staff, managerial personnel, employees, and workers in public educational institutions within the province in accordance with the regulations; take the lead in implementing training and enhancement activities for the teaching staff and managerial personnel in non-public educational institutions within the province in accordance with the regulations;
Ensure sufficient staffing levels of education management civil servants, sufficient number of persons working and receiving salaries from the state budget, and the number of labor contracts according to the approved position plan, meeting the conditions to ensure educational quality, be responsible for explaining about educational activities, educational quality, management of employees and workers, students, and implementation of educational development policies within the management authority;
d) Advise the Chairman of the provincial People's Committee to decide on the establishment of school boards, recognition, appointment, removal of the Chairperson of school boards, supplementation, replacement of school board members; recognition, appointment, reappointment, extension of service time, removal from office, dismissal, change of work positions, rewards, and disciplinary actions for principals and deputy principals of secondary vocational schools, colleges, and educational management schools directly under the province in accordance with the occupational title standards and procedures prescribed by law;
đ) Take the lead and coordinate with relevant units to build annual plans regarding the number of workers at the Department of Education and Training and subordinate educational institutions, submit to the competent authority for approval; allocate the number of workers according to positions to subordinate educational institutions in accordance with the regulations; guide and organize the implementation of recruitment, utilization, evaluation, training, enhancement, and policy implementation for employees and workers at educational institutions managed by the provincial People's Committee in accordance with the regulations;
5. On the content and curriculum of education
a) Guide and organize the implementation of professional and technical work of educational institutions within the province; universal education, compulsory education, eradication of illiteracy, construction of national standard schools, and building of a learning society within the province; guide and organize the implementation of professional and technical work and evaluation of educational quality for educational institutions within the province;
b) Manage the professional aspects of the implementation of regular education programs by regular education centers, vocational education and regular education centers, community learning centers, and other centers performing regular education tasks in accordance with the regulations. Be responsible for explaining about educational activities, educational quality, teacher and student management, and implementation of educational development policies within the management authority before the Provincial People's Council, the provincial People's Committee, and the entire society;
c) Guide professional and technical work for individuals holding education-related positions under the People's Committees of communes;
6. On organizing activities and managing educational institutions
a) Advise the provincial People's Committee to promulgate regulations on the functions, tasks, authorities, and organizational structure of the Department of Education and Training in accordance with the Government's regulations;
b) Advise the Chairman of the provincial People's Committee to decide or decide within his authority on the establishment, permission to establish, permission to operate, restructuring, merger, division, dissolution, and conversion of types of educational institutions under its management in accordance with this Decree and other related laws;
Decide on the establishment of school boards, recognition, appointment, removal of the Chairperson of school boards, supplementation, replacement of school board members, and decide on recognition, appointment, reappointment, extension of service time until retirement age, removal from office, dismissal, transfer, change of work positions, rewards, and disciplinary actions for heads and deputy heads of public educational institutions within the province; recognize or not recognize school boards, chairpersons, deputy chairpersons, principals, and deputy principals of private educational institutions under its management in accordance with the occupational title standards and procedures prescribed by law;
Organize the management of regular education institutions (excluding community learning centers), vocational education institutions, secondary general education institutions, specialized education institutions, and other educational institutions within the province;
đ) Take the lead and coordinate with relevant agencies to perform state management functions to the provincial People's Committee on education within their authority and in accordance with the law;
e) Direct and guide admission, examination, issuance, and revocation of certificates, diplomas, and certificates;
g) Manage teaching and educational activities both inside and outside schools; direct the implementation of moral education, lifestyle education, school safety education; organize the implementation of the plan to implement the Program for Reforming General Education Curriculum and Textbooks; implement and direct the implementation of educational communication activities within the province;
h) Chair and coordinate with the People's Committee at the commune level to effectively implement the inclusive education policy as directed by the provincial People's Committee; ensure minimum conditions that meet the requirements for inclusive education at the local level; mobilize and organize to create conditions for persons with disabilities to study in inclusive education settings at educational institutions;
i) Guide state management of education for the People's Committee at the commune level;
k) Delegate to the People's Committee at the commune level to perform one or more tasks and powers within the scope of state management of education of the Department of Education and Training;
l) Chair and coordinate with the People's Committee at the commune level to develop content for coordinated management and organization of related educational activities of general secondary schools with multiple levels where the highest level is upper secondary school on the local territory;
m) Direct and guide educational institutions under their management to organize the assessment of the degree of digital transformation of units under their management; update and publish the results of the assessment of the degree of digital transformation of educational institutions on the official website and other mass media ensuring confidentiality, integrity, and effective exploitation of educational databases within the authorized scope;
n) Organize self-assessment of the degree of digital transformation of the specialized agencies managing education at the local level and direct and guide educational institutions under their management to organize self-assessment of the degree of digital transformation according to regulations and the set of indicators issued by the Ministry of Education and Training;
7. On inspection in education
a) Guide and inspect educational institutions under their management to ensure educational quality;
b) Inspect compliance with laws by educational institutions under the state management authority of the commune level;
c) Implement inspections, handle complaints, investigate accusations, and deal with violations regarding education of educational institutions under their management in accordance with the law;
d) Coordinate with the People's Committee at the commune level to guide the inspection of the organization and operation of education and training centers within its jurisdiction;
đ) Guide the inspection of the allocation and use of state budget and other legitimate financial sources for education within the province;
e) Direct, guide, inspect, and supervise the implementation of legal provisions concerning the system and policies for staff and workers at educational institutions under their management;
g) Guide and inspect the implementation of regulations on ensuring information security, cybersecurity, and personal data protection for information technology systems and educational databases under their management;
8. Commend or propose competent authorities to commend organizations and individuals with outstanding achievements in educational activities at the local level;
9. Guide and organize the updating of information and data about education under their management into the education sector database system, ensuring completeness, accuracy, timeliness, and the ability to connect and interlink data with school management systems and relevant national databases; carry out regular and ad hoc statistical work and public reporting in the field of education under their management in accordance with regulations with the provincial People's Committee and the Ministry of Education and Training;
Article 41. Responsibilities of the People's Committee at the commune level in state management of education
The People's Committee at the commune level performs the function of state management of education on the commune, ward, and special economic zone territory and is responsible before the provincial People's Committee and the Department of Education and Training for organizing, directing, and inspecting educational activities under their management as prescribed and performing the following tasks and powers:
1. Regarding planning, programs, projects, policies for educational development
a) Develop and submit to the People's Council at the commune level for approval plans for education development within the managed area; implement the education development plan at the local level upon approval; develop plans to implement programs, projects for education development within the managed area upon approval;
b) Guide, disseminate, popularize, and organize the implementation of legal documents on education; implement plans, programs, projects, policies, and other contents on education after being approved by competent authorities;
c) Advise and submit to the People's Council at the commune level for decision-making plans, programs, and projects for preschool, primary, and lower secondary education development on the local territory in line with the provincial education development strategy and the local socio-economic development plan;
2. Regarding material infrastructure for education
a) Decide on planning, land use plans, and education development plans within the authorized management scope;
b) Decide on investment or participation in the construction of preschools, primary schools, lower secondary schools, general secondary schools with multiple levels including the highest level being lower secondary school, community learning centers in accordance with regulations; coordinate with related units to advise competent authorities on building national standard schools, land use plans for educational facilities on the local territory;
c) Manage and organize the effective use of office space, assets, working equipment, and state budget allocated on the local territory in accordance with the law; ensure sufficient financial, asset, physical infrastructure, and land fund conditions in accordance with the authorized revenue classification and expenditure responsibilities; strengthen socialization policies in education, mobilize resources to develop education on the local territory;
3. Decide on the allocation and transfer of budget estimates for directly subordinate educational institutions when approved by competent authorities; approve final accounts, announce annual final accounts, and compile final accounts reports of directly subordinate educational institutions; submit to competent authorities for guidance and inspection of the issuance, use of state budget and other legitimate financial sources for educational institutions on the local territory according to regulations. Be responsible for payment (or delegate educational institutions to make payments), settle tuition fee exemption, reduction, and support for learning expenses according to the law;
4. Regarding the teaching staff, management personnel, civil servants, and workers
a) Management of organizational structure and personnel of community learning centers (direct the implementation of the use, evaluation, training, and capacity building, and the implementation of policies for teachers, management personnel, civil servants, and workers of community learning centers under their management according to regulations);
b) Propose the demand for the teaching staff within the scope of management, report to the competent authority; coordinate with the Department of Education and Training in guiding the implementation of work on using, managing, and implementing policies for developing the teaching staff, managerial personnel, civil servants, and workers under the scope of management according to their respective authorities.
Article 42. Responsibilities of the Chairman of the People's Committee at the Commune Level for State Management in Education
1. Direct and organize the planning for construction and investment in educational facilities within the jurisdiction according to regulations; report to the competent authority on the situation of fundraising, receiving, managing, and utilizing sponsorships of educational facilities under their management.
2. Direct and effectively implement work to eliminate illiteracy and consolidate the quality of universal education; coordinate in implementing preschool education programs, general education programs, especially lower secondary education, continuing education, vocational education in the locality; mobilize people of school age to the maximum extent to ensure universal education, compulsory education, elimination of illiteracy, and create conditions for lifelong learning for all.
3. Regarding the organization of activities and management of educational facilities
a) Direct and organize the implementation of autonomy rights, accountability for performing tasks, ensuring educational quality, and educational activities under the scope of management;
b) Decide on establishing or allowing establishment, operation of education, suspending educational operations, merging, splitting, dissolving, and converting types of educational facilities under the scope of management according to this Decree and other relevant laws;
c) Direct and guide primary enrollment work under the scope of management; implement universal education, compulsory education, illiteracy elimination, and building a learning society in the jurisdiction; direct, guide, and supervise schools under the scope of management to implement educational quality assessment work, build national standard schools, and improve quality according to plans to continuously maintain and enhance educational quality as prescribed; accept educational quality assessment files of schools under the scope of management for preliminary review before sending to the Department of Education and Training; advise the competent authority on support policies for community learning centers to operate effectively, contributing to achieving local economic, cultural, and social development goals;
d) Organize the management of preschool educational facilities; elementary educational facilities, lower secondary educational facilities, and community learning centers within the management area;
đ) Be accountable for educational activities, educational quality, teacher and student management, and the implementation of educational development policies under the scope of management before the Provincial People's Committee, the Department of Education and Training, and the public;
e) Coordinate with the Department of Education and Training and related agencies to manage the implementation of regulations on additional teaching and learning in the jurisdiction;
g) Implement educational communication work in the jurisdiction.
4. Inspection in the field of education
a) Direct and organize inspections on compliance with laws by educational facilities under the state management of the People's Committee at the commune level;
b) Direct and implement the resolution of complaints, accusations, and handling of violations in education by educational facilities in the jurisdiction according to the provisions of the law;
c) Direct and organize inspections on conditions ensuring educational quality by educational facilities in the jurisdiction;
d) Direct and organize inspections and supervision on the implementation of teacher and educational facility manager management work, civil servants, and workers at educational facilities under the jurisdiction.
5. Deciding or submitting to competent authorities for decision on rewarding organizations and individuals who have made significant contributions to the development of education in the locality.
6. Direct and organize the updating of information and data into the education sector database system, universal education management information system, ensuring completeness, accuracy, timeliness, and data connectivity and interoperability with related systems; implement statistical work, regular and ad hoc reporting, and transparency in the education sector under the jurisdiction.
7. Direct and organize the implementation of administrative reform, application of information technology, digital transformation, and development of a digital government in the education sector; measures to ensure information security, cybersecurity, and protection of personal data for information technology systems and education databases in the jurisdiction according to the law.
Chapter IX
IMPLEMENTING PROVISIONS
Article 43. Transitional Provisions
1. Tasks being handled by the agency or person with authority and have been partially implemented but not completed before the effective date of this Decree shall transfer all files, documents, and results already implemented to the agency, organization, unit, or individual assigned authority to continue implementation and resolution according to the authority stipulated in this Decree.
2. Documents and certificates issued by the agency or person with authority before the effective date of this Decree and still valid or within the validity period shall continue to be applied and used until the end of the validity period as indicated on the document or certificate.
In case organizations or individuals need to modify or reissue documents or certificates by the agency, organization, unit, or individual assigned authority, they should submit a request to the agency, organization, unit, or individual assigned authority for resolution.
3. The agency or person assigned authority, when taking over the function and responsibility for state management in the education sector, shall have the following responsibilities:
a) Review the tasks assigned authority as stipulated in this Decree to amend, supplement, and announce the Decision on the list of administrative procedures within the authority to resolve; ensure that administrative procedures after assignment of authority flow smoothly without interruption;
b) Inherit all files, documents, steps taken, and results of resolution by the agency or person with authority who has implemented before the effective date of this Decree. They shall not require individuals or organizations to resubmit previously submitted files; they shall not repeat steps in administrative procedures already completed before the assignment of authority.
4. The competent authority is responsible for guiding and inspecting the implementation of tasks assigned according to the provisions of this Decree.
Article 44. Effective date of implementation
1. This Decree takes effect from July 1, 2025.
2. This Decree replaces Government Decree No. 127/2018/NĐ-CP dated September 21, 2018, which stipulates the responsibilities for state management of education, and becomes void from March 1, 2027, except for the following cases:
a) Ministries and ministerial-level agencies report to the Government to propose and obtain the National Assembly's decision to extend the application period of this Decree in whole or in part;
b) Law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly, decree, resolution of the Government, decision of
3. During the period when the provisions of this Decree are effective, if the provisions on authority, responsibility for state management, procedures, and formalities in this Decree differ from those in related legal documents promulgated before July 1, 2025, then the provisions of this Decree shall be followed.
Article 45. Responsibility for Implementation
The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and relevant organizations and individuals are responsible for implementing this Decree.
DEPUTY PRIME MINISTER
DEPUTY PRIME MINISTER
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