Decree No. 166/2004/ND-CP on State Management Responsibilities for Education

DECREE OF THE GOVERNMENT

Regulations on State Management of Education

THE GOVERNMENT

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

Pursuant to the Education Law dated December 2, 1998;

Based on the Law on Organization of People's Councils and People's Committees dated December 26  of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;  2003;

Based on the Ordinance on Cadres and Civil Servants dated February 26, 1998; the Ordinance amending and supplementing certain articles of the Ordinance on Cadres and Civil Servants dated April 28, 2000 and the Ordinance amending and supplementing certain articles of the Ordinance on Cadres and Civil Servants dated April 29, 2003;

At the proposal of the Minister of Education and Training and the Minister of Interior,

DECREE:

Article 1. Scope of Regulation

1. This Decree stipulates the responsibilities for state management of education of Ministries, agencies at the ministerial level, and agencies under the Government (hereinafter referred to collectively as Ministries and sectors), provincial People's Committees, provincial-level city People's Committees (hereinafter referred to collectively as provincial People's Committees), district-level People's Committees, town-level People's Committees, and county-level city People's Committees (hereinafter referred to collectively as district-level People's Committees), commune-level People's Committees, ward-level People's Committees, and town-level People's Committees (hereinafter referred to collectively as commune-level People's Committees).

2. The responsibilities for state management of vocational training of Ministries and sectors, provincial People's Committees, district-level People's Committees, and commune-level People's Committees shall be implemented in accordance with Decree No. 02/2001/NĐ-CP dated January 09, 2001 of the Government detailing the implementation of the Labor Code and the Education Law regarding vocational training.

Article 2. Principles for defining responsibilities for state management of education

1. Ensuring unity and enhancing the effectiveness and efficiency of state management of education.

2. The delegation of state management of education must ensure correspondence between tasks, authority, responsibility, financial resources, personnel, and other necessary conditions to implement delegated tasks.

3. Clearly defining the tasks, authority, and responsibility of Ministries and sectors, and People's Committees at all levels for educational affairs while ensuring the initiative, creativity, autonomy, and self-responsibility of educational management bodies at all levels in deciding and implementing assigned and delegated tasks.

Article 3. Responsibilities for state management of education of the Ministry of Education and Training

The Ministry of Education and Training is responsible for implementing state management of education as prescribed in Articles 86 and 87 of the Education Law, Decree No. 85/2003/NĐ-CP dated July 18, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training,  Articles 47, 48, and 49 of Decree No. 116/2003/NĐ-CP Pursuant to the Government's Decree No. 58/24. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, the People's Committee of Haiphong City, the People's Committee of Can Tho City, the People's Committee of Nghe An Province, the People's Committee of Thanh Hoa Province, and the Heads of related units are responsible for implementing this Decision.dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state-run units, and Articles 8 and 9 of Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on decentralization of administrative and public service staffing management.

Article 4. Responsibilities for state management of education of Ministries

1. Ministries are responsible for performing the state management tasks and powers as prescribed in the Government's Decree on the functions, tasks, powers, and organizational structure of each Ministry; and coordinating with the Ministry of Education and Training to ensure unified state management of education.

2. Ministries with affiliated educational institutions also have the responsibility to:

a) Participate in the Ministry of Education and Training's development of the framework curriculum for higher education and secondary vocational education as prescribed in Clause 3, Article 5 of Decree No. 43/2000/NĐ-CP dated August 30, 2000 of the Government detailing and guiding the implementation of certain provisions of the Education Law.

b) Direct and inspect affiliated educational institutions to comply with regulations on objectives, curricula, contents, educational plans, teacher standards, examination rules, and management of the system of certificates as prescribed by the Ministry of Education and Training;

c) Manage affiliated educational institutions in terms of organization, staffing, personnel, finance, assets, and infrastructure according to the law; ensuring teaching and learning conditions and other activities of affiliated educational institutions;

d) Conduct inspections and checks on compliance with laws on education by affiliated educational institutions; handle violations and resolve complaints and reports against affiliated educational institutions according to the law.

3. The Ministry of Planning and Investment, in coordination with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Interior, and related agencies, compiles annual training and upgrading targets and incorporates them into the national socio-economic development plan for approval by the Prime Minister; it is responsible for the rationality, practical needs fulfillment, and balance in the structure of trained human resources.

4. The Ministry of Finance, in coordination with the Ministry of Education and Training and related agencies, prepares budgets, allocates funds, and organizes the implementation of the state budget; formulates policies, systems, standards, and norms on finance and budget; ensures financial support and conducts financial and budgetary inspections and checks in the field of education and training according to the State Budget Law and related legal documents.

5. The Ministry of Interior is responsible for:

Implementing the regulations on staffing management in the education and training sector as prescribed in Articles 8, 9, and 11 of Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government and managing public servants in the education and training sector as prescribed in Articles 46, 47, and 49 of Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state-run units.

Article 5. Responsibilities of the provincial People's Committee for state management of education

The provincial People's Committee is responsible for the development of educational affairs in the province, performs state management functions over education within its territory, and has the following tasks and powers:

1. Develop planning, programs, and projects for educational development in the province to be submitted to the Provincial People's Council for approval or to the Prime Minister for endorsement; ensure budgetary conditions, teacher staffing, infrastructure, and technical facilities; direct and inspect the implementation by the Department of Education and Training, relevant departments, and district-level People's Committees.

2. Manage state affairs concerning schools and classes assigned according to authority. 

3. Decide on the establishment, merger, division, dissolution, and suspension of activities of high schools, boarding schools for ethnic minorities, vocational training centers, provincial education management cadre training schools, comprehensive technical centers - vocational guidance, based on ensuring compliance with planning, conditions, and procedures prescribed by the Ministry of Education and Training.

4. Direct the training and upgrading of the teaching staff in the province.

5. Approve kindergartens, primary schools, junior high schools, and high schools that meet national standards in accordance with regulations set by the Ministry of Education and Training.

6. Specify the organizational structure and tasks and powers of the Department of Education and Training in accordance with guidelines from the Ministry of Home Affairs and the Ministry of Education and Training.

7. Guide and direct educational and training public institutions in establishing staffing plans and implementing staffing norms for educational and training public institutions as directed by the Ministry of Education and Training; inspect the implementation of self-management mechanisms, financial responsibility, organizational structures, and staffing for these public institutions.

8. Manage and inspect the implementation of teacher standards, examination regulations, and the issuance of diplomas and certificates as stipulated by law.  9. Organize the implementation of socialization policies for educational affairs and universal education in the province.

10. Inspect and check the implementation of education laws at the local level as prescribed by law.

11. Resolve complaints and accusations and handle violations in education as prescribed by law.

12. Submit to the Provincial People's Council for approval the total administrative staffing and educational and training public institution staffing of the province annually based on staffing norms issued by competent state agencies. Decide on the allocation of administrative staffing quotas for the Department of Education and Training.

Article 6. Responsibilities of the Department of Education and Training

The Department of Education and Training is responsible for assisting the provincial People's Committee in performing state management functions over education throughout the province:

1. Develop and submit to the provincial People's Committee planning, programs, and projects for local educational development; implement after receiving approval from the competent authority.

2. Be responsible for managing affiliated schools: continuing education centers, boarding schools for ethnic minorities, provincial education management cadre training schools, comprehensive technical centers - vocational guidance, schools and classes for disabled persons, teacher training institutions.

3. Assist the provincial People's Committee in managing professional work, organization, personnel staffing, finance, assets, and other educational activities of educational institutions in accordance with legal provisions. 

4. Submit to the provincial People's Committee for permission to operate independent study service organizations on the territory according to legal provisions. Be responsible for monitoring and inspecting the operation of this organization according to legal provisions and assignments from the Chairman of the provincial People's Committee.

5. Guide, direct, and inspect the implementation of professional work for District Education and Training Departments and affiliated educational institutions under other departments.

6. Direct and inspect affiliated educational public institutions to establish staffing plans; compile and establish provincial educational public institution staffing plans according to the guidance of the competent authority managing this matter.

7. Organize the annual provincial education budget estimate to be sent to the Department of Finance and the Department of Planning and Investment, prepare estimates for national target program expenditures as prescribed by law. After being allocated the provincial education budget by the provincial People's Committee, coordinate with the Department of Finance to allocate and assign the budget expenditure, guide and inspect the implementation.

8. Take the lead and cooperate with departments, sectors, and district-level People's Committees to implement literacy campaigns and universal education in the area.

9. Organize the application of advanced scientific and technological experiences in education, summarize local experiences and innovations; manage and direct scientific and technological research work in schools and educational institutions under departmental management.

10. Guide, direct, and promote educational excellence movements and exemplary models in the province.

11. Develop and submit to the Provincial People's Council and provincial People's Committee solutions for educational socialization; direct, guide, and inspect their implementation.

12. Manage and direct the construction, maintenance, and use of school property and infrastructure; book distribution, educational publications, laboratory equipment, and other educational materials as prescribed.

13. Submit to the provincial People's Committee for promulgation or promulgate according to authority specific regulations on education management and policies for teachers and students consistent with legal provisions.

14. Inspect and audit compliance with education laws; handle violations and resolve complaints and accusations as prescribed by law.

15. Implement regular reporting systems as prescribed.

Perform other tasks as prescribed by law or delegated and assigned by the provincial People's Committee.

16. Perform other tasks as prescribed by law or delegated and assigned by the provincial People's Committee.

Article 7. Responsibilities of the People's Committee at the district level for state management of education

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

1. Develop programs and projects for the development of educational affairs in the district and submit them to the People's Council at the same level for approval; organize and direct, inspect the implementation of approved educational programs and projects; ensure conditions regarding budget and teacher staffing, infrastructure, and technical facilities in accordance with the provisions of the law.

2. Manage state-run educational institutions located within the district.

3. Organize and inspect the implementation of legal regulations.

4. Direct the eradication of illiteracy  and the universalization of education within the district and implement regulations concerning teacher standards and examination rules.

5. Direct and implement policies for socializing education, implementing self-management mechanisms and financial responsibility for educational public service units in the district according to the provisions of the law.

6. Implement the provisions of the Government and guidelines of the People's Committee at the provincial level regarding the organizational structure and staffing framework of the Department of Education and Training; ensure sufficient administrative staffing for the Department of Education and Training to fulfill assigned functions and tasks.

7. Resolve complaints and accusations and handle violations in education in accordance with the provisions of the law.

8. Decide on the number of staff positions for the Department of Education and Training within the total administrative staffing of the district.

Article 8. Responsibilities of the Department of Education and Training

The Department of Education and Training shall have the responsibility to assist the People's Committee at the district level in performing the function of state management of education within the district:

1. Take the lead in developing and submitting to the People's Committee at the district level programs and projects for the development of educational affairs in the district; organize their implementation after receiving approval from the competent authority.

2. Assist the People's Committee at the district level in managing specialized work, professional activities, organization, staffing, personnel, finance, assets, and other activities of preschools, kindergartens, primary schools, lower secondary schools, boarding schools for ethnic minorities, and county-level training centers for educational administrators according to the provisions of the law.

3. Guide and inspect public educational institutions under the management of the district to develop annual staffing plans for public services to be submitted by the People's Committee at the district level to the competent authority for decision.

4. Organize the preparation of the annual education budget and the budget for national target programs in education of the district and send them to the relevant department of the People's Committee at the district level according to the provisions of the law. After being allocated the budget, coordinate with the finance and planning departments of the People's Committee at the district level in the allocation of the education budget, guide and inspect the implementation.

5. Take the lead and cooperate with other departments and People's Committees at the commune level to implement the universalization of education within the district.

6. Organize the application of advanced scientific and technological experiences in education, summarize local experiences and initiatives.

7. Guide and direct educational competition movements, build and promote exemplary models of excellence in education within the district.

8. Develop and submit to the People's Council and People's Committee at the district level solutions for socializing education; direct, guide, and inspect the implementation of socialized education.

9. Manage and direct the construction, maintenance, and use of school property and infrastructure; the issuance of textbooks, educational publications, laboratory equipment, and other educational tools within the scope of management.

10. Recommend to the competent authorities the handling of violations in the field of education.

11. Perform other tasks as prescribed by law or delegated and assigned by  the district People's Committee.

Article 9. Responsibilities of the People's Committee at the Commune Level for State Management of Education

The People's Committee at the commune level shall perform state management functions within its authority regarding education in the commune and shall have the following tasks and powers:

1. Implement the plan for developing the educational sector in the locality.

2. Coordinate with educational facilities in the area to develop plans for building and repairing schools and classrooms in the commune, and submit these plans to the People's Council at the commune level for approval.

3. Coordinate with schools to organize registration and mobilize children to attend school and enter first grade at the appropriate age and complete the universal education program; organize supplementary classes and implement literacy programs.

4. Organize the construction and management, inspection of activities of kindergartens, pre-school classes, flexible primary school classes, and family primary school classes in the commune.  5. Coordinate with the Department of Education and Training to manage kindergartens, pre-schools, primary schools, and junior high schools located in the commune.

6. Organize the implementation of socialization policies in education; create a healthy educational environment; mobilize the people to cooperate with schools in educating their children and participate in protecting and maintaining facilities for students' learning and recreational activities; mobilize resources to develop the commune’s educational sector.

6. Organize the implementation of the socialization of education; create a healthy educational environment; mobilize the people to cooperate with schools in educating their children and participate in protecting and maintaining facilities for students' learning and recreational activities; mobilize resources to develop the education事业的发展。

Article 10.  Implementation Provisions

1. The Minister of Education and Training and the Ministers of relevant ministries shall provide guidance on the implementation of this Decree.

2. This Decree shall take effect fifteen days from the date of publication in the Official Gazette. Previous regulations that conflict with this Decree shall be abolished.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial people's committees under central cities shall be responsible for implementing this Decree./.