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

JOINT CIRCULAR

Regarding the guidance on functions, tasks, powers, and organizational structure

of specialized agencies assisting the People's Committee in managing state affairs in education and training at the local level

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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 jointly issue guidelines on the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committees in managing state affairs 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 (hereinafter referred to 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 according to the delegation of the provincial People's Committee.

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

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 the decentralization of 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, development projects in 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 Committee 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 law.

2.4. Organize, direct, guide, supervise, and be responsible for the implementation of regulatory 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. On 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, and regular education centers of 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 schools: teacher training colleges, vocational high schools, general secondary schools, supplementary education schools, boarding schools for ethnic minorities, regular education centers of the province, provincial education management cadre schools (if any), vocational education and training centers, part-time training institutions, schools for disabled persons, practical teaching 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 primary and kindergarten schools; be responsible for guiding and supervising the implementation by the district People's Committee and commune People's Committee (hereinafter collectively referred to as communes) after issuance.

2.5.5. Review and be responsible for the content of reviews of proposals, files 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 educational goals, curricula, contents, plans, and 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, and those of the Ministry of Education and Training.

2.6. Take the lead in coordinating 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. Bear responsibility 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 cadres, civil servants, and employees in the field of education and training at the local level according to the decentralization of the provincial People's Committee.

2.8. Direct and supervise subordinate educational units in formulating staffing plans; compile and formulate the provincial educational staffing plan annually in accordance with the guidance of the competent authority for staffing management.

2.9. Organize the preparation of the annual education budget of the province to be sent to the Department of Finance and the Department of Planning and Investment; prepare the budget for national programs and targets as prescribed by law. After receiving the provincial People's Committee's budget allocation, coordinate with the Department of Finance to allocate and assign the budget, guide, 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 education and training activities in the locality; guide and supervise the mechanism of autonomy and self-responsibility of educational and training public institutions in the locality in accordance with the law.

2.11. Direct, guide, and inspect the implementation of professional and vocational 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 at the county level, and be responsible for organizing the implementation of 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 competition movements, build and promote exemplary models in education within the provincial area.

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 their issuance.

2.16. Implement international cooperation in education and training according to the law and the division of responsibilities assigned by 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 management authority of the Department according to the law.

2.18. Implement regular and urgent reporting systems regarding the execution of assigned tasks to the Provincial People's Committee and the Ministry of Education and Training.

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

2.20. Manage financial resources and assets allocated and implement the budget distributed according to the law and the delegation of the Provincial People's Committee.

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

3. Organization and Staffing

3.1. Department Leadership

The Department of Education and Training has 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 of the Department 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 the fields of work they are assigned.

The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the Provincial People's Committee based on professional and vocational standards set by the Ministry of Education and Training and national regulations on cadre management.

Rewards, dismissals, and disciplinary actions against the Director and Deputy Directors of the Department are carried out in accordance with the law.

3.2. Organizational structure of the Department of Education and Training:

a. Office.

b. Inspectorate.

c. Professional and vocational departments.

d. Public service units.

Professional and vocational departments are established according to the principle of ensuring comprehensive coverage of all fields, levels, grades, and disciplines within the scope of state management of the Department, with clear functions and responsibilities, without overlap, suitable to the characteristics of management and actual workload at the local level, enhancing efficiency and aligning with 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 decision on the specific names and number of professional and vocational departments, but not exceeding eight departments (for Hanoi City, Ho Chi Minh City, and provinces with a population over two million people) and not more than seven departments for the remaining 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 stipulates the functions, responsibilities, and authorities of units under the Department.

3.3. Staffing of the Department of Education and Training:

Based on the volume, nature, and specific characteristics of educational and training work in the province, the Chairman of the Provincial People's Committee decides on the staffing of the Department of Education and Training according to 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 standards for civil servants and public officials as prescribed by law.

II. EDUCATION AND TRAINING DEPARTMENT

1. Position and Functions

The Education and Training Department is a specialized agency under the County People's Committee, assisting the County People's Committee in implementing state management functions in education and training (excluding vocational training) locally; regarding public services within the scope of management of the department as prescribed by law; performing certain tasks and powers delegated by the County People's Committee.

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

2. Duties and Powers

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

2.2. Submit to the County People's Committee for decisions 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. On general education and preschool management

2.3.1. Submit to the County People's Committee on the planning of networks of junior high schools, primary schools, kindergartens, nursery schools, and preschool education institutions in the county.

2.3.2. Review and be responsible for the content of reviews of proposals, establishment files, mergers, divisions, cessation of operations, and dissolution of junior high schools, primary schools, kindergartens, nursery schools, and preschool education institutions in the county submitted to the Chairman of the County People's Committee for decision.

2.3.3. Guide and inspect the implementation of the plan for the development of the education industry in the commune by the Commune People's Committee; the establishment, merger, division, dissolution, and cessation of operations of preschool education institutions according to the law.

2.3.4. Manage cadres, civil servants, and public officials in the education sector within the county according to the分级权限的省级人民政府和县级人民政府的分工；负责执行有关教师标准、考试制度、颁发文凭证书的法律规定。

2.4. Guide and inspect public educational and training institutions under the management of the county to develop annual staffing plans. Aggregate the annual staffing plan for educational affairs 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 budget estimate for education, the budget expenditure for national target programs on education annually of the county to send to the specialized agency of the county People's Committee as prescribed by law. After being allocated the budget, coordinate with that agency to allocate the education budget, guide and inspect the implementation.

2.6. Implement universal education work and organize socialization of 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 the movement of competition in the sector, build and promote exemplary models in 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 in the field of education and training within their jurisdiction as prescribed by law.

2.9. Implement regular and urgent reporting systems on the implementation 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 financial assets according to the provisions of law and the delegation 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 shall have one Director and not 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 standards set by the provincial People's Committee and national regulations on cadre management.

Rewards, dismissals, and disciplinary actions against the Director and Deputy Directors of the Department of Education and Training shall be carried out in accordance with the law.

Based on the workload and specific characteristics of the locality, the Director of the Department of Education and Training shall 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 shall decide specific tasks of the Department of Education and Training in accordance with the law.

III. IMPLEMENTATION

1. This Circular takes effect 15 days from the date of publication in the Official Gazette and replaces Circular No. 41/TTLB dated August 14, 1991, issued jointly 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, provinces should promptly reflect them to the Ministry of Education and Training and the Ministry of Home Affairs for study and resolution.