Decree No. 143/2025/NĐ-CP stipulates on decentralization and delegation of authority in the field of state management under the Ministry of Education and Training.

DECREE
Regulations on Delegation and Decentralization in the Field of State Administration by the Ministry of Education and Training

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Pursuant to the Law on Government Organization 2025;

Pursuant to the Law on Local Government Organization 2025;

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

At the proposal of the Minister of Education and Training;

The Government promulgates this Decree to regulate delegation and decentralization in the field of state administration by the Ministry of Education and Training.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the authority, procedures, and formalities for implementing tasks and powers of agencies and authorized persons in the field of state administration by the Ministry of Education and Training as prescribed in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister that need adjustment to implement delegation and decentralization.

Article 2. Principles delegation and decentralization

1. Ensuring compliance with the Constitution; consistent with principles and regulations on delegation and decentralization under the Law on Organization of the Government and the Law on Organization of Local Authorities.

2. Ensuring thorough decentralization of tasks between central government agencies and local authorities, ensuring the unified management authority of the Government, the executive power of the head of the Government in the field of state administration regarding education, and promoting the initiative, creativity, and accountability of local authorities in performing state administrative tasks in the field of education.

3. Ensuring that the Government, the Prime Minister, ministries, and ministerial-level agencies focus on macro-level state management tasks; building a coherent and unified institutional framework, strategy, planning, and maintaining a constructive role while strengthening inspection, supervision, and oversight.

4. Promoting delegation and decentralization, clearly defining the authority of 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; ensuring consistency with the tasks, powers, and capabilities of agencies and authorized persons assigned such responsibilities.

5. Implementing delegation and decentralization among related sectors and fields in a comprehensive, integrated, and interconnected manner without omission or overlap of tasks; ensuring a legal basis for the continuous and smooth operation of agencies; preventing work interruptions, overlapping, duplication, or omission of functions, tasks, fields, or areas.

6. Ensuring human rights and citizens' rights; ensuring transparency and creating favorable conditions for individuals and organizations to access information, exercise their rights and fulfill their obligations according to the law, and not affecting the normal activities of society, citizens, and businesses.

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

8. Resources for implementing delegated and decentralized tasks shall be guaranteed by the state budget as prescribed.

Article 3. Fees and Charges

When handling administrative procedures requiring payment of fees and charges as prescribed by laws on fees and charges, individuals and organizations must submit these fees and charges along with their application forms to the agency receiving the application. The amount of fees and charges, their management, and utilization shall be implemented in accordance with the provisions of the Government, the Minister of Finance, or the Provincial People's Council for corresponding fees and charges.

Chapter II
DELEGATION AND DECENTRALIZATION IN THE FIELD OF STATE ADMINISTRATION BY THE MINISTRY OF EDUCATION AND TRAINING

Article 4. Delegation of authority to recognize provinces as meeting universal education and literacy standards

1. The authority to recognize provinces as meeting universal education level 1 and level 2 standards and literacy level 1 standards for provinces specified in Article 25 of Decree No. 20/2014/NĐ-CP dated March 24, 2014 of the Government on universal education and literacy shall be exercised by the Chairman of the Provincial People's Committee.

2. The authority to recognize provinces as meeting universal education level 3 standards and literacy level 2 standards for provinces specified in Article 25 of Decree No. 20/2014/NĐ-CP shall be exercised by the Minister of Education and Training.

3. The procedures for recognizing provinces as meeting universal education and literacy standards shall be carried out according to the provisions set forth in Article 1 of Appendix 01 issued together with this Decree.

Article 5. Delegation of authority to permit establishment, dissolution, and termination of foreign diplomatic mission-affiliated early childhood education institutions and general education institutions proposed by international intergovernmental organizations

1. The authority to permit the establishment, dissolution, and termination of foreign diplomatic mission-affiliated early childhood education institutions and general education institutions proposed by international intergovernmental organizations as stipulated in Article 40 of Decree No. 86/2018/NĐ-CP dated June 6, 2018 of the Government on cooperation and foreign investment in the field of education (amended and supplemented by Decree No. 124/2024/NĐ-CP dated October 5, 2024 of the Government) shall be exercised by the Chairman of the Provincial People's Committee.

2. The procedures for permitting the establishment, dissolution, and termination of foreign diplomatic mission-affiliated early childhood education institutions and general education institutions proposed by international intergovernmental organizations shall be carried out according to the provisions set forth in Article 2 of Appendix I issued together with this Decree.

Article 6. Delegation of authority to convert types of foreign diplomatic mission-affiliated early childhood education institutions and general education institutions proposed by international intergovernmental organizations

1. The authority to convert foreign diplomatic mission-affiliated early childhood education institutions and general education institutions proposed by international intergovernmental organizations into non-profit operating entities as stipulated in Articles 6 and 7 of Decree No. 84/2020/NĐ-CP dated July 17, 2020 of the Government detailing certain provisions of the Education Law shall be exercised by the Chairman of the Provincial People's Committee.

2. The procedures for converting foreign diplomatic mission-affiliated early childhood education institutions and general education institutions proposed by international intergovernmental organizations into non-profit operating entities shall be carried out according to the provisions set forth in Article 3 of Appendix I issued together with this Decree.

Article 7. Delegation of authority to approve joint organization of foreign language proficiency certification examinations

1. The authority to approve joint organization of foreign language proficiency certification examinations as stipulated in Articles 22 and 23 of Decree No. 86/2018/NĐ-CP (amended and supplemented by Decree No. 124/2024/NĐ-CP) shall be exercised by the Chairman of the Provincial People's Committee.

2. The procedures for approving joint organization of foreign language proficiency certification examinations shall be carried out according to the provisions set forth in Article 4 of Appendix I issued together with this Decree.

Article 8. Classification of authority for issuing, extending, amending, and supplementing decisions to permit the establishment of representative offices of foreign organizations and educational institutions in Vietnam

1. The authority to issue, extend, amend, and supplement decisions to permit the establishment of representative offices of foreign organizations and educational institutions in Vietnam as stipulated in Article 57 of Decree No. 86/2018/ND-CP (amended and supplemented by Decree No. 124/2024/ND-CP) shall be exercised by the Chairman of the People's Committee of the province.

2. The procedures for issuing, extending, amending, and supplementing decisions to permit the establishment of representative offices of foreign organizations and educational institutions in Vietnam shall be carried out in accordance with Article 5 of Appendix I attached to this Decree.

Article 9. Classification of authority for issuing, amending, supplementing, extending, reissuing, terminating operations, and revoking permits to establish representative offices of foreign vocational education organizations in Vietnam

1. The authority to issue, amend, supplement, extend, reissue, terminate operations, and revoke permits to establish representative offices of foreign vocational education organizations in Vietnam as stipulated in Article 31 of Decree No. 15/2019/ND-CP dated February 1, 2019 of the Government detailing certain provisions and measures to implement the Law on Vocational Education (amended and supplemented by Decree No. 24/2022/ND-CP dated April 6, 2022 of the Government) shall be exercised by the Chairman of the People's Committee of the province.

2. The procedures for issuing, amending, supplementing, extending, reissuing, terminating operations, and revoking permits to establish representative offices of foreign vocational education organizations in Vietnam shall be carried out in accordance with Article 6 of Appendix I attached to this Decree.

Article 10. Classification of authority for evaluating the fulfillment of conditions for organizing ethnic minority language teaching

1. The authority to evaluate the fulfillment of conditions for organizing ethnic minority language teaching as stipulated in Article 4 of Decree No. 82/2010/ND-CP dated July 15, 2010 of the Government regarding the teaching and learning of ethnic minority languages in general education schools and regular education centers shall be exercised by the Chairman of the People's Committee of the province.

2. The procedures for evaluating the fulfillment of conditions and incorporating ethnic minority languages into teaching shall be carried out in accordance with Article 7 of Appendix I attached to this Decree.

Chapter III
IMPLEMENTING PROVISIONS

Article 11. Effective Date

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

2. This Decree shall cease to be effective from March 1, 2027, except in 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) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and resolutions of the Government, and decisions of the Prime Minister that specify the administrative management authorities, responsibilities, and procedures stipulated in this Decree, adopted or issued from July 1, 2025 and become effective before March 1, 2027, shall render the corresponding provisions of this Decree ineffective upon the entry into force of such legal documents.

3. During the period when the provisions of this Decree are effective, if the provisions on administrative management authorities, responsibilities, and procedures in this Decree differ from those in related legal documents promulgated before July 1, 2025, they shall be implemented according to the provisions of this Decree.

Article 12. Transitional Provisions

1. The Ministry of Education and Training shall be responsible for providing information about the files for handling administrative procedures carried out by the Ministry before July 1, 2025 to ensure smooth implementation of administrative procedures when delegated to the Chairman of the People's Committee of the province.

2. For files submitted to the Ministry of Education and Training before the effective date of this Decree to request the implementation of administrative procedures stipulated in Article 4 of this Decree, they shall be handled in accordance with the provisions of Decree No. 20/2014/ND-CP.

3. For files submitted to the Ministry of Education and Training before the effective date of this Decree to request the implementation of administrative procedures stipulated in Articles 5, 7, and 8 of this Decree, they shall be handled in accordance with the provisions of Decree No. 86/2018/ND-CP (amended and supplemented by Decree No. 124/2024/ND-CP).

4. For files submitted to the Ministry of Education and Training before the effective date of this Decree to request the implementation of administrative procedures stipulated in Article 6 of this Decree, they shall be handled in accordance with the provisions of Decree No. 84/2020/ND-CP.

5. For files submitted to the Ministry of Education and Training before the effective date of this Decree to request the implementation of administrative procedures stipulated in Article 9 of this Decree, they shall be handled in accordance with the provisions of Decree No. 15/2019/ND-CP (amended and supplemented by Decree No. 24/2022/ND-CP).

6. For files submitted to the Ministry of Education and Training before the effective date of this Decree to request the implementation of administrative procedures stipulated in Article 10 of this Decree, they shall be handled in accordance with the provisions of Decree No. 82/2010/ND-CP.

7. Documents and papers issued or granted by competent authorities before the effective date of this Decree but not yet expired or not yet expired in terms of usage shall continue to be applied and used in accordance with the law until their expiration or until they are amended, supplemented, replaced, abolished, revoked, or recalled by the authorities or persons receiving the functions, tasks, and powers or by the competent authorities or persons.

Article 13. Responsibility for Implementation

The Minister of Education and Training, Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and relevant organizations and individuals are responsible for implementing this Decree