Decree No. 31/2011/ND-CP amends and supplements certain Articles of Decree No. 75/2006/ND-CP dated August 2, 2006, of the Government detailing and guiding the implementation of certain provisions of the Education Law.

DECREE

Amending and supplementing some articles of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law

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THE GOVERNMENT

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

Pursuant to the Education Law on June 14, 2005; the Law Amending and Supplementing Certain Articles of the Education Law on November 25, 2009;

Considering the proposal of the Minister of Education and Training,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law as follows:

1. Amending and supplementing Clause 1, 2 and 4 Article 2 as follows:

a) Amending and supplementing Clause 1, 2 Article 2 as follows:

"1. Universal education is the process of organizing for all citizens to study and reach a minimum level of education as prescribed by the State. The State implements universal preschool education for five-year-old children, universal primary education, and universal lower secondary education.
2. People's Committees at all levels shall be responsible for:
a) Developing plans and solutions to implement universal preschool education for five-year-old children;

b) Ensuring that all six-year-old children are admitted to grade one; implementing universal primary education and universal lower secondary education; consolidating, maintaining, and improving the quality of universal primary education and lower secondary education, and combating illiteracy."

b) Amending and supplementing Clause 4 Article 2 as follows:

"4. Annually, educational institutions and administrative units (collectively referred to as units) that have been recognized as meeting the standards for universal preschool education for five-year-old children, universal primary education, and universal lower secondary education must conduct self-inspection according to the specified universal education standards and report in writing to the competent authority that granted recognition."

2. Amending and supplementing Clause 1 of Article 6 as follows:

"1. The curriculum and the authority to issue curricula are stipulated in Articles 6, 24, 29, 35, 41, 45, and 100 of the Education Law; Clause 1 and Clause 4 Article 1 of the Law amending and supplementing certain provisions of the Education Law."

3. Amending and supplementing Article 8 as follows:

"Article 8. Textbooks

The Minister of Education and Training shall prescribe standards and procedures for compiling and revising textbooks; decide on approving and selecting textbooks for official, stable, and uniform use in teaching and learning at general education institutions, including braille textbooks, ethnic language textbooks, and specialized school textbooks based on the assessment of the National Council for Assessing General Education Programs and Textbooks."

4. Amending and supplementing Clause 1 of Article 9 as follows:

"1. The Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs, within their respective authorities, shall stipulate the compilation, selection, assessment, approval, and use of vocational education textbooks and higher education textbooks; regulations on common textbooks, organization of compilation, and approval of these textbooks.

The principal of a college, university, or vocational training center shall organize the compilation of course textbooks or select advanced and modern domestic and foreign course textbooks suitable for educational goals, consistent with the framework program and training tasks of the institution; approve textbooks based on the assessment of the Course Textbook Assessment Council established by the institution's principal or vocational training center director, ensuring sufficient textbooks for teaching and learning."

5. Amending and supplementing Clause 2 of Article 16 as follows:

"2. Other educational institutions under the national education system include:
a) Groups of children, kindergartens; independent classes including kindergarten classes, literacy classes, foreign language classes, computer classes, classes for children in difficult circumstances who cannot attend schools, classes for disabled children, vocational training classes, and junior college classes organized at production, business, and service facilities;
b) Comprehensive technical centers - vocational guidance centers; vocational training centers; continuing education centers; community learning centers; foreign language and computer centers;

c) Research institutes training doctoral degree holders, cooperating with universities to train master's degree holders."

6. Amend and supplement Clause 2 of Article 18 as follows:

"2. Private educational institutions established by the community in villages, hamlets, wards, communes, towns, and districts, investing in physical infrastructure, ensuring operating funds, and receiving support from local authorities.

The Chairman of the People's Committee at the district level shall permit the establishment of private educational institutions; the People's Committee at the commune level shall directly manage private educational institutions. Private educational institutions shall not be established in general education, vocational education, or higher education."

7. Amending and supplementing the name of Article 20 and Clause 2, 3 Article 20 as follows:

a) Amending and supplementing the name of Article 20 as follows:

"Article 20. Establishing Educational Institutions and Permitting Educational Activities"

b) Amending and supplementing Clause 2, 3 Article 20 as follows:

"2. Conditions for establishing schools and permitting schools to engage in educational activities are stipulated in Clause 16 Article 1 of the Law amending and supplementing certain provisions of the Education Law.

3. Conditions for establishing, the authority to establish or permit the establishment of other educational institutions are implemented according to the Charter of Organization and Operation of Other Educational Institutions issued by the Minister of Education and Training or the Minister of Labor, Invalids, and Social Affairs within their respective authorities."

8. Amending and supplementing Article 22 as follows:

"Article 22. Suspension of Educational Activities

An educational institution shall be suspended from conducting educational activities when one of the cases of suspension of educational activities stipulated in Clause 17 Article 1 of the Law amending and supplementing certain provisions of the Education Law occurs.

Procedures and formalities for suspending educational activities or allowing an educational institution to resume educational activities are stipulated in the School Charter, the Charter of Organization and Operation of Schools, or the Charter of Organization and Operation of Other Educational Institutions."

9. Amend and supplement Article 23 as follows:

"Article 23. Dissolution of Educational Institutions

An educational institution shall be dissolved when one of the cases of dissolution stipulated in Clause 17 Article 1 of the Law amending and supplementing certain provisions of the Education Law occurs.

Procedures and formalities for dissolving an educational institution are stipulated in the School Charter, the Charter of Organization and Operation of Schools, or the Charter of Organization and Operation of Other Educational Institutions."

10. Amending and supplementing Clause 2, 3 Article 27; Point a and Point c Clause 4 Article 27 as follows:

a) Amending and supplementing Clause 2, 3 Article 27 as follows:

"2. The Charter of Organization and Operation of Schools includes specific provisions to implement the School Charter for a type of school or a specific organizational model of a school.
3. The regulations on the organization and operation of other educational institutions include: the regulations on the organization and operation of vocational training centers; technical training centers; continuing education centers; community learning centers; foreign language and information technology centers.

The regulations on the organization and operation of educational institutions shall provide for: the tasks and powers of the educational institution; organizing educational activities; the tasks and powers of teachers; the tasks and powers of students; organizing and managing the educational institution; financial resources and assets of the educational institution; relations between the educational institution and the families of students and society.

b) Amend and supplement point a, Clause 4, Article 27 as follows:

"a) The Prime Minister shall issue the Charter of Universities, Regulations on the Organization and Operation of universities, private universities;"

c) Amend and supplement point c, Clause 4, Article 27 as follows:

"c) The Minister of Education and Training shall issue the Charter of multi-level general education schools, high schools and secondary schools; primary schools, kindergartens, preschools; Regulations on the Organization and Operation of privately-run preschools; Regulations on the Organization and Operation of privately-run general education schools at all levels; Regulations on the Organization and Operation of privately-run vocational colleges; Regulations on the Organization and Operation of privately-run colleges; coordinate with the Ministers and Heads of Ministries having related responsibilities to issue Regulations on the Organization and Operation of specialized schools;"

11. Amend and supplement Article 30 as follows:

"Article 30. Improving the qualifications, professional training of teachers and educational management staff

Graduates from various training programs who wish to become teachers without having undergone pedagogical training must undergo pedagogical training. Educational management staff shall be trained and provided with professional development to enhance their professional qualifications and management skills.

The Minister of Education and Training shall stipulate the program, content, methods, organizational forms, and duration of pedagogical training for those wishing to become teachers without prior pedagogical training; stipulate the training and improvement of teacher qualifications and educational management staff; stipulate the conditions for educational institutions to organize training and issue certificates for teacher and educational management staff training.

Teachers and educational management staff sent for further training and professional development shall receive their salary and allowances throughout the entire period of study."

12. Amend and supplement Clause 2, Article 32 as follows:

"2. Higher education institutions assigned the task of training doctoral level shall have the right to confer honorary doctor titles.

The honorary doctor degree certificate must clearly state the title "Honorary Doctor," and shall not indicate "Doctoral Degree" or the field of study."

13. Supplement point l to Clause 3, Article 33 and amend and supplement Clause 6, Article 33 as follows:

a) Supplement point l to Clause 3, Article 33 as follows:

"l) Secondary school graduates who go to vocational training."

b) Amend and supplement Clause 6, Article 33 as follows:

"6. The Prime Minister shall stipulate the criteria, levels, and procedures for awarding policy scholarships and tuition fee reductions. The Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs, within their respective authorities, shall stipulate specific provisions on preferential admission; criteria, levels, and procedures for awarding scholarships for academic encouragement; the granting and receiving of scholarships and subsidies for students; and the sponsorship of education by organizations and individuals both domestically and internationally.

The Minister of Labor, Invalids and Social Affairs shall stipulate social assistance for students.”

14. Amend and supplement point a, Clause 1 and Clause 2, Article 38 as follows:

a) Amend and supplement point a, Clause 1, Article 38 as follows:

"a) Issue regulations on quality assessment standards; on the process and cycle of quality assessment at each educational level and training level; on the principles of operation, conditions, and standards for organizations and individuals engaged in quality assessment activities; on licensing quality assessment activities; on issuing and revoking quality assessment certification;"

b) Amend and supplement Clause 2, Article 38 as follows:

"2. The Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs, within their respective authorities, shall issue regulatory documents for state management of quality assessment; plan the network of quality assessment organizations; stipulate the cycle of quality assessment at each educational level and training level; direct quality assessment activities.

The Minister of Education and Training shall stipulate the standards, selection procedures for quality assessors; training and development programs for quality assessors; rights and responsibilities of quality assessors; issuance and revocation of quality assessor identification cards."

15. Amend and supplement point b, Clause 1, Article 39 and supplement Clause 3 to Article 39 as follows:

a) Amend and supplement point b, Clause 1, Article 39 as follows:

"b) Quality assessment organizations established by the State or by organizations and individuals. The Minister of Education and Training shall decide on establishment or permission for establishment of quality assessment organizations."

b) Supplement Clause 3, Article 39 as follows:

"3. Quality assessment organizations shall be established when they have a suitable establishment project in accordance with the planned network of quality assessment organizations; have a team of quality assessors meeting the standards and sufficient in number to ensure the implementation of quality assessment activities.

To be permitted to operate quality assessment activities, quality assessment organizations must have an establishment decision or permission decision issued by the Minister of Education and Training; have facilities, equipment, personnel, and finances that meet the requirements for quality assessment activities.

The Minister of Education and Training shall stipulate the establishment, operation, suspension, dissolution, and tasks and powers of quality assessment organizations."

Article 2. Effectiveness

1. This Decree shall take effect from July 1, 2011.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.