Joint Circular No. 21/2004/TTLT/BGD-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to education and training at the local level.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure

of the specialized agency assisting the People's Committee to manage state administration in education and training at the local level

Pursuant to Decree No. 85/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

The Ministry of Education and Training and the Ministry of Home Affairs hereby issue guidelines on the functions, tasks, powers, and organizational structure of the specialized agency assisting the People's Committee to manage state administration in education and training at the local level as follows:

I. DEPARTMENT OF EDUCATION AND TRAINING

1. Position and Functions

The Department of Education and Training is a specialized agency under the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the provincial People's Committee) providing advisory services and assisting the provincial People's Committee in performing state management functions in the field of education and training (excluding vocational training) within its jurisdiction; regarding public services within the scope of management of the Department of Education and Training as prescribed by law; implementing certain tasks and powers pursuant to the delegation of the provincial People's Committee.

The Department of Education and Training is subject to the direction and management of the provincial People's Committee concerning organization, staffing, and personnel work, while also being subject to the direction, guidance, and supervision of the Ministry of Education and Training in terms of professional and technical matters.

2. Tasks and Authorities

2.1. Submit to the provincial People's Committee for issuance of decisions and directives on managing the field of education and training within the jurisdiction of the locality and delegated by the Ministry of Education and Training; bear responsibility for the content of the submitted documents.

2.2. Submit to the provincial People's Committee long-term programs, five-year plans, and annual plans, as well as projects for developing education and training that are consistent with the overall planning and plans for socio-economic development of the locality.

2.3. Submit to the provincial People's Committee for decision-making on the allocation, decentralization, or delegation of educational and training management to the People's Committees of districts, towns, cities, and counties (hereinafter collectively referred to as districts) and other specialized agencies under the provincial People's Committee in accordance with the provisions of law.

2.4. Organize, direct, guide, supervise, and be responsible for the implementation of legal normative documents, programs, and plans for developing education and training in the locality; promote, disseminate, educate about laws and provide information on education and training.

2.5. Regarding school management

2.5.1. Submit to the provincial People's Committee for planning the network of secondary schools, junior high schools, supplementary education schools, comprehensive vocational education centers, boarding schools for ethnic minorities, part-time schools, and regular education centers in the province.

2.5.2. Submit to the provincial People's Committee specific tuition fee levels in the province for the provincial People's Committee to submit to the Provincial People's Council for decision in accordance with the law; be responsible for supervising the collection and expenditure of tuition fees in the province.

2.5.3. Be responsible for directing, monitoring, supervising, and promoting the autonomy of activities of the following schools: teacher training colleges, vocational high schools, general high schools, supplementary education schools, boarding schools for ethnic minorities, regular education centers, provincial education management cadre schools (if any), vocational education and training centers, classes, and facilities for part-time training, schools and facilities for disabled persons, teacher training practice schools, and other schools as prescribed by law and according to the delegation of the provincial People's Committee.

2.5.4. Submit to the provincial People's Committee for issuance of regulations on establishing, merging, splitting, suspending operations, and dissolving junior high schools, primary schools, and kindergartens; be responsible for guiding and supervising the implementation by the district People's Committees and village People's Committees (collectively referred to as villages) after issuance.

2.5.5. Review and be responsible for the content of reviews of proposals for establishing, merging, splitting, suspending operations, and dissolving secondary schools submitted to the Chairman of the provincial People's Committee for decision.

2.5.6. Manage, direct, and supervise admissions, examinations, certification, and issuance of diplomas and certificates in accordance with the regulations of the Ministry of Education and Training; issue graduation certificates for junior high schools and secondary schools.

2.5.7. Manage, direct, and supervise the implementation of objectives, curricula, contents, plans, and educational activities of schools and educational training institutions delegated by the provincial People's Committee to the Department for management in accordance with charters, regulations, standards, quotas, and national provisions.

2.6. Take the lead and coordinate with relevant agencies to submit to the provincial People's Committee for approval of the operation permits of self-funded study service organizations in the locality in accordance with the law; be responsible for monitoring and supervising their activities in accordance with the law and assignments from the Chairman of the provincial People's Committee.

2.7. Manage civil servants and public officials in the field of education and training at the local level in accordance with the delegation of the provincial People's Committee.

2.8. Direct and supervise subordinate educational units to prepare staffing plans; consolidate and prepare the provincial educational staffing plan in accordance with the guidance of the competent authority for staffing management.

2.9. Organize the preparation of the annual provincial education budget and send it to the Department of Finance and the Department of Planning and Investment; prepare the budget for national programs and goals in accordance with the law. After receiving the provincial People's Committee's budget allocation, cooperate with the Department of Finance to allocate and assign the budget, provide guidance, and supervise its implementation.

2.10. Submit to the provincial People's Committee for programs, measures, and organization of administrative reform in the field of education and training in the locality; assist the provincial People's Committee in directing the socialization of educational and training activities in the locality; guide and supervise the autonomous mechanism and responsibility of local educational and training units in accordance with the law.

2.11. Guide, direct, and inspect the implementation of professional matters for the Department of Education and Training, schools, and educational institutions directly under other Departments and sectors.

2.12. Take the lead, coordinate with Departments, sectors, and People's Committees of districts to organize and be responsible for implementing universal education programs within the jurisdiction.

2.13. Organize the application of advanced scientific and technological experiences in education, summarize local experience and initiatives; manage and direct scientific research activities in schools and educational institutions under the management of the Department.

2.14. Guide and direct educational competitions, build and promote exemplary models in education within the province.

2.15. Submit to the Provincial People's Committee for issuance of regulations on the preservation and use of school assets and facilities, textbook distribution, educational publications, equipment, experiments, and other educational means; be responsible for guiding and inspecting the implementation of these regulations after issuance.

2.16. Implement international cooperation in education and training in accordance with laws and assignments from the Provincial People's Committee.

2.17. Conduct inspections and checks on the enforcement of laws, handle complaints, accusations, anti-corruption, and deal with violations of laws in areas under the Department's management according to the law.

2.18. Report regularly and urgently on the implementation of assigned tasks to the Provincial People's Committee and the Ministry of Education and Training.

2.19. Manage organizational structure, staffing, cadres, civil servants, and public officials according to laws and provincial People's Committee's classification; organize professional training and development for cadres, civil servants, and public officials in the education sector under local management.

2.20. Manage finances and assets allocated and implement budgets distributed according to laws and provincial People's Committee's classification.

2.21. Perform other tasks assigned by the Chairman of the Provincial People's Committee.

3. Organization and Staffing

3.1. The leadership of the Department of Education and Training consists of a Director and no more than three Deputy Directors. For provinces with over 40,000 education and training cadres, civil servants, and public officials, there can be up to four Deputy Directors. The Director is responsible before the Provincial People's Committee and the law for all activities of the Department; Deputy Directors are responsible before the Director and the law for their assigned work areas. Appointments of Directors and Deputy Directors are decided by the Chairman of the Provincial People's Committee based on professional standards set by the Ministry of Education and Training and national regulations on cadre management. Rewards, dismissals, and disciplinary actions against Directors and Deputy Directors are carried out according to the law.

3.2. The organizational structure of the Department of Education and Training:

a. Office.

b. Inspectorate.

c. Specialized and professional divisions.

d. Public service units.

Specialized and professional divisions are established to comprehensively cover all fields, levels, grades, and disciplines under the Department's state management, with clear functions and responsibilities, avoiding overlap, and fitting the characteristics of local administrative management and actual workload, enhancing efficiency and meeting administrative reform requirements.

Based on the workload, nature, and specific characteristics of each locality, the Director of the Department of Education and Training, in coordination with the Department of Home Affairs, submits to the Provincial People's Committee for specific decisions on the number of specialized and professional divisions, not exceeding eight divisions (for Hanoi City, Ho Chi Minh City, and provinces with over two million people) and seven divisions for other provinces.

Public service units of the Department are decided by the Chairman of the Provincial People's Committee according to the law.

The Director of the Department of Education and Training defines the functions, duties, and powers of units under the Department.

3.3. Staffing of the Department of Education and Training:

Based on the workload, nature, and specific characteristics of education and training in the province, the Chairman of the Provincial People's Committee decides on the staffing of the Department of Education and Training upon the proposal of the Director of the Department of Education and Training and the Director of the Department of Home Affairs.

The Director of the Department of Education and Training must allocate and utilize cadres, civil servants, and public officials in accordance with their positions and national civil servant and public official grade standards as prescribed by law.

II. EDUCATION AND TRAINING DEPARTMENT

1. Position and Functions

The Education and Training Department is a specialized agency under the People's Committee of the district, assisting the People's Committee of the district in managing state affairs regarding education and training (excluding vocational training) locally; services under the scope of the department's management according to the law; and performing certain tasks and powers delegated by the People's Committee of the district.

The Education and Training Department is subject to the People's Committee of the district's direction and management on organization, staffing, and personnel work; and at the same time, is subject to the Department of Education and Training's direction, guidance, and inspection on professional matters.

2. Duties and Powers

2.1. Submit to the People's Committee of the district for issuance of guidelines to implement mechanisms, policies, laws, and regulations of the Provincial People's Committee and the Department of Education and Training regarding educational activities in the area and be responsible for organizing their implementation after issuance.

2.2. Submit to the People's Committee of the district for decision-making on five-year plans, annual plans, and programs for administrative reform in the field of education and training in the area; organize their implementation after approval.

2.3. Regarding general education and preschool education management

2.3.1. Submit to the People's Committee of the district for planning the network of secondary schools, primary schools, kindergartens, nursery schools, and preschool education institutions in the district.

2.3.2. Review and be responsible for the content of reviews of proposals, establishment files, mergers, splits, suspension of operations, and dissolution of secondary schools, primary schools, kindergartens, nursery schools, and preschool education institutions in the district, submitted to the Chairman of the People's Committee of the district for decision.

2.3.3. Guide the People's Committee at the commune level to implement the plan for the development of educational services within the commune; the establishment, merger, division, dissolution, and suspension of operations of preschool education facilities shall be carried out in accordance with the provisions of the law.

2.3.4. Manage cadres, civil servants, and public officials in the education sector within the county according to the分级授权 of the Provincial People's Committee and the assignment of the County People's Committee; be responsible for implementing regulations on teacher standards, examination rules, and issuance of certificates in accordance with the provisions of the law.

2.4. Guide and inspect public education and training institutions under the management of the county to develop annual staffing plans. Aggregate the annual staffing plans for educational services to submit to the County People's Committee for decision by the competent authority; organize training and professional development for cadres, civil servants, and public officials in the education sector under local management.

2.5. Organize the preparation of the education budget, the budget for national target programs annually concerning education in the county, and send it to the specialized agency of the County People's Committee in accordance with the provisions of the law. After being allocated the budget, coordinate with that agency to allocate the education budget, guide, and inspect its implementation.

2.6. Organize the implementation of universal education and socialize educational and training activities in the county according to the directives of the County People's Committee and the Department of Education and Training.

2.7. Organize the application of advanced scientific and technological experiences in education, summarize local experiences and initiatives; guide and direct competition movements in the sector, build and promote exemplary models of education in the county.

2.8. Coordinate with relevant agencies to inspect and audit the enforcement of laws in the field of education and training; resolve complaints and reports regarding education and training within their jurisdiction in accordance with the provisions of the law.

2.9. Implement regular and ad hoc reporting on the situation of assigned tasks to the County People's Committee and the Department of Education and Training.

2.10. Manage organizational structure, staffing, cadres, civil servants, public officials, and finances and assets assigned in accordance with the provisions of the law and the分级授权 of the County People's Committee;

2.11. Perform other tasks assigned by the Chairman of the County People's Committee.

3. Organization and Staffing

The Department of Education and Training has one Director and no more than two Deputy Directors. The Director is responsible to the County People's Committee and the law for all activities of the department.

Deputy Directors are responsible to the Director and the law for the areas of work they are assigned. The appointment of the Director and Deputy Directors is decided by the Chairman of the County People's Committee based on professional and vocational standards set by the Provincial People's Committee and in accordance with state regulations on cadre management.

Rewards, dismissals, and disciplinary actions for the Director and Deputy Directors of the Department of Education and Training are implemented in accordance with the provisions of the law.

Based on the workload and specific characteristics of the locality, the Director of the Department of Education and Training will develop a proposal to submit to the Provincial People's Committee for a specific decision on the staffing of the County Department of Education and Training within the total administrative staffing of the county; the Chairman of the County People's Committee decides specific tasks for the County Department of Education and Training in accordance with the provisions of the law.

III. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular No. 41/TTLB dated August 14, 1991, issued by the Ministry of Education and Training and the Civil Service Bureau of the Government (now the Ministry of Home Affairs).

2. During the implementation of this Circular, if there are emerging issues or difficulties, the provinces should promptly reflect them to the Ministry of Education and Training and the Ministry of Home Affairs for research and resolution.