Decree No. 24/2021/NĐ-CP on management in public preschool education institutions and public general education institutions

DECREE

Regulations on management in preschool education institutions

andgeneral education public institutions 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Education Law dated June 14, 2019;

At the proposal of the Minister of Education and Training;

The Government promulgates this Decree stipulating the management in preschool education institutions andgeneral education public institutions.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management in preschool education institutions and general education public institutions (hereinafter referred to collectively as educational institutions), including: management of educational activities; implementation of democratic regulations in managing educational activities; accountability of educational institutions and their heads in managing educational activities; ensuring participation of students, families, and society in managing educational activities.

Article 2. Applicability

This Decree applies to kindergartens, independent nursery groups, primary schools, independent kindergarten classes, preschool centers, independent preschool classes (hereinafter referred to collectively as preschool education institutions); elementary schools, junior high schools, senior high schools, and multi-grade public secondary schools (hereinafter referred to collectively as general education institutions); relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Educational activities include enrollment activities, organization of educational activities, and management of conditions ensuring educational quality in educational institutions.

2. The school's educational plan is the plan organizing educational activities of educational institutions implementing the preschool education program and the general education program issued by the Minister of Education and Training.

Article 4. Requirements for management in educational institutions

Management in educational institutions must meet the following requirements:

1. Implementing democracy, fairness, transparency, and openness regarding educational quality and conditions ensuring educational quality, consistent with the type of institution and legal provisions on state management responsibility for education.

2. Implementing universal preschool education for five-year-old children, compulsory education for elementary school, universal secondary education, and分流后的第二部分，请继续确保专业、正式的法律语言翻译，并保持文本格式和内容的完整性。

Chapter II

MANAGEMENT OF EDUCATIONAL ACTIVITIES

Article 5. Admissions activities

1. Educational institutions shall conduct admissions in accordance with the universal access requirements for preschool education for five-year-old children, compulsory primary education, and the universal access requirements for lower secondary education as prescribed by law.

2. Educational institutions that self-finance recurrent expenditures and investments, and educational institutions that self-finance recurrent expenditures as prescribed by law, shall independently determine their admission methods, admission quotas, admission targets, and admission areas.

Article 6. Organization of educational activities

1. Educational institutions shall decide on the methods and forms of organizing educational activities to meet the objectives and requirements of the educational program, ensuring quality and effectiveness.

2. Educational institutions may proactively collaborate with higher education institutions, research institutions, vocational education institutions, businesses, individual traders, organizations, individuals, and student families to organize educational activities suitable to local conditions in accordance with the law.

Article 7. Financial Management, Property, Organizational Structure, and Personnel

1. The financial management, property, organizational structure, and personnel management within educational institutions shall comply with the regulations on educational activities stipulated in this Decree and be implemented in accordance with the laws on finance, property, organizational structure, and personnel.

2. Educational institutions may accept donations from organizations and individuals to enhance educational quality and develop schools in a manner that clearly specifies the purpose of the donation and uses the donated funds for their intended purposes, openly and transparently as prescribed by law.

3. The level of fees collected for services supporting and assisting educational activities outside tuition fees, meeting the needs of students at educational institutions, shall be carried out according to the resolution of the People's Council at the provincial level based on the proposal of the Provincial People's Committee, in line with the actual conditions of the locality.

Chapter III

IMPLEMENTATION OF DEMOCRATIC REGULATIONS

IN THE MANAGEMENT OF EDUCATIONAL ACTIVITIES

Article 8. Responsibilities and Authorities of the School Board

1. Approve the enrollment plan, educational plan of the school, and the financial management, property, organizational structure, and personnel management plans of the educational institution in accordance with the provisions of the law.

2. Supervise the implementation of the enrollment plan and educational activities of the educational institution according to the school's educational plan, and the implementation of democratic regulations in managing educational activities of the educational institution.

3. Supervise the management and use of socialized resources allocated to the educational institution, ensuring educational goals, transparency, and effectiveness.

4. Fulfill other responsibilities and authorities as prescribed by law regarding the implementation of democracy in the operations of state administrative agencies and public service units.

Article 9. Responsibilities and Authorities of the Head of the Educational Institution

1. Organize for managers, teachers, staff, and workers to participate in building the enrollment plan, the school's educational plan, and the financial management, property, organizational structure, and personnel management plans of the educational institution; submit these plans to the School Board for approval before implementation.

2. Implement the enrollment plan, the school's educational plan, and the financial management, property, organizational structure, and personnel management plans of the educational institution; manage and use socialized resources appropriately, fairly, openly, and transparently.

3. Organize the evaluation and accreditation of the educational quality of the educational institution in accordance with the law; organize for managers, teachers, staff, and workers to participate in evaluating and accrediting the educational quality of the educational institution.

4. Publicize the educational quality objectives, conditions ensuring educational quality, enrollment results, educational outcomes, and results of educational quality evaluation and accreditation of the educational institution as prescribed by law.

5. Fulfill other responsibilities and authorities as prescribed by law regarding the implementation of democracy in the operations of state administrative agencies and public service units.

Article 10. Responsibilities and Authorities of Teachers, Staff, and Workers in Educational Institutions

1. Participate in building and implementing the enrollment plan, the school's educational plan, and the financial management, property, organizational structure, and personnel management plans of the educational institution according to assigned functions and tasks.

2. Participate in organizing enrollment, conducting educational activities, managing finances, property, organizational structure, and personnel of the educational institution according to assigned functions and tasks.

3. Participate in supervising the organization of enrollment, conducting educational activities, managing finances, property, organizational structure, and personnel of the educational institution as prescribed by law.

4. Fulfill other responsibilities and authorities as prescribed by law regarding the implementation of democracy in the operations of state administrative agencies and public service units.

Article 11. Responsibilities of mass organizations and social organizations within educational institutions

1. Participate in building the enrollment plan, school education plan, financial management plan, asset management plan, organizational structure, and personnel plan of the educational institution.

2. Coordinate to organize educational activities according to the school's education plan of the educational institution, ensuring the achievement of educational goals.

3. Coordinate the use of socialized resources to organize educational activities and arrange for students to participate in social activities and community service, ensuring they meet the intended purpose, quality, and effectiveness as prescribed by law.

4. Fulfill other responsibilities and authorities as prescribed by law regarding the implementation of democracy in the operations of state administrative agencies and public service units.

Chapter IV

RESPONSIBILITY FOR ACCOUNTABILITY IN MANAGEMENT

EDUCATIONAL ACTIVITIES

Article 12. Accountability responsibilities of educational institutions

Educational institutions have the responsibility to provide accountability to society, students, management agencies, teachers, staff, and workers within the educational institution on the following contents as prescribed by law:

1. Quality education objectives, enrollment plans, school education plans, conditions ensuring quality education, results of quality education assessment and certification of the educational institution.

2. Enrollment activities, educational activities, financial management, asset management, organizational structure, and personnel management of the educational institution; ensuring the participation of student families, organizations, and individuals in educational activities.

3. Management and utilization of socialized resources to organize educational activities and arrange for students to participate in social activities and community service.

4. Fulfill accountability responsibilities for other contents as prescribed by law regarding the accountability responsibilities of state agencies in performing assigned tasks and powers.

Article 13. Accountability responsibilities of the head of the educational institution

1. Determine the content and fulfill accountability responsibilities as prescribed in this Decree and other laws applicable to the educational institution in accordance with its functions and tasks.

2. Direct, urge, and inspect managers, teachers, staff, and workers within the educational institution to strictly comply with accountability regulations and handle violations of accountability regulations as prescribed in this Decree and other laws.

3. Fulfill accountability responsibilities for other contents as prescribed by law regarding the accountability responsibilities of state agencies in performing assigned tasks and powers.

Chapter V

ENSURING STUDENT, FAMILY, AND SOCIAL PARTICIPATION IN THE MANAGEMENT OF EDUCATIONAL ACTIVITIES

 AND SOCIETY IN THE MANAGEMENT OF EDUCATIONAL ACTIVITIES

Article 14. Ensuring student participation

1. Participate in establishing class and group rules, regulations, and activities of the Communist Youth Union of Ho Chi Minh, Ho Chi Minh Pioneer Corps, and other social organizations within the educational institution.

2. Actively and proactively implement learning and training tasks according to the curriculum and educational activities organized by the educational institution based on the school's education plan.

Article 15. Responsibilities of families

1. Provide feedback on educational objectives and school education plans through the Parent-Teacher Association.

2. Provide feedback on institutional rules and regulations concerning educational measures, rewards, and punishments for students; understand the situation and results of student care, nurturing, education, and teaching to coordinate with the educational institution in managing and educating students.

3. Coordinate with the educational institution and other organizations and individuals in caring for, nurturing, educating, and teaching students to ensure their safety; organize for students to participate in experiential, vocational guidance, social, community service, and other educational activities according to the school's education plan.

4. Coordinate with the educational institution in managing and utilizing socialized resources to improve the quality of student care, nurturing, and education and ensure their safety as prescribed by law.

5. Supervise the activities of the educational institution as prescribed in this Decree and other laws.

Article 16. Responsibilities of social organizations outside educational institutions

1. Coordinate with educational institutions and students' families in organizing students to participate in experiential activities, vocational orientation, social activities, community service activities, and other educational activities according to the school's education plan.

2. Coordinate in managing and utilizing social resources allocated for educational institutions in accordance with the provisions of the law.

3. Supervise the activities of educational institutions in accordance with this Decree and other relevant legal provisions.

Chapter VI

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect from May 15, 2021.

Article 18. Responsibility for Implementation

1. The Minister of Education and Training shall be responsible for directing, inspecting, and supervising the implementation of this Decree.

2. The People's Committee of the province shall be responsible for proposing to the Provincial People's Council to consider and approve the levels of fees for services supporting and assisting educational activities outside tuition fees at educational institutions; establish mechanisms and policies to encourage and reward organizations and individuals in the locality who cooperate with public educational institutions within their management authority in organizing educational activities in accordance with the law.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Provincial People's Councils, Chairpersons of People's Committees at all levels, and related organizations and individuals shall be responsible for implementing this Decree./.