Circular No. 31/2014/TT-BGDĐT Amending and supplementing certain articles of Circular No. 54/2012/TT-BGDĐT dated December 21, 2012, issued by the Minister of Education and Training on education inspection collaborators.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 54/2012/TT-BGDĐT dated December 21, 2012 of the Minister of Education and Training on regulations regarding education inspection collaborators

The Minister of Education and Training issues this Circular to amend and supplement certain provisions of Circular No. 54/2012/TT-BGDĐT dated December 21, 2012 of the Minister of Education and Training on regulations regarding education inspection collaborators.

Regulations concerning education inspection collaborators

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Education Law dated June 14, 2005 and the Law amending and supplementing certain articles of the Education Law dated November 25, 2009;

Pursuant to the Higher Education Law on June 18, 2012;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Decree No. 92/2014/NĐ-CP dated October 8, 2014 of the Government amending Clause 1, Article 16 of Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government stipulating inspectors and inspection collaborators;

Pursuant to Decree No. 42/2013/NĐ-CP dated May 9, 2013 of the Government on the organization and operation of educational inspection;

At the proposal of the Inspector General of the Ministry,

Amending and supplementing certain provisions of Circular No. 54/2012/TT-BGDĐT dated December 21, 2012 of the Minister of Education and Training on regulations regarding education inspection collaborators as follows:

Article 1. "1. This Circular stipulates regulations on education inspection collaborators, including: standards, tasks, authorities, benefits, and incentive policies; recognition and issuance of education inspection collaborator cards; summoning of education inspection collaborators and responsibilities of relevant agencies, organizations, and individuals."

1. Clause 1 of Article 1 shall be amended and supplemented as follows:

"Education inspection collaborators include:

4. State Bank Branch in Border Province is the State Bank Branch in provinces sharing borders with China, Laos, and Cambodia.

1. Regular education inspection collaborators are civil servants or employees within the education sector, not under the establishment of the inspection agency, meeting the prescribed standards, recognized and issued an education inspection collaborator card by the competent authority, summoned for inspection duties.

2. Case-based education inspection collaborators are civil servants or employees within and outside the education sector, not under the establishment of the education inspection agency, summoned to participate in inspection teams for specific cases."

3. Clause 2 of Article 3 is amended and supplemented as follows:

"2. Regular education inspection collaborators must also meet the following criteria:

a) Having worked in the education sector for at least five years;

b) Meeting the educational qualification standards as prescribed by the Education Law; being rated as good or better according to the occupational standards or principal standards, or director standards of continuing education centers corresponding to each level of education and training; being rated as having excellently fulfilled annual work tasks (for those who are not lecturers or teachers);

c) Having obtained a certificate for education inspection collaborator vocational training according to the program issued by the Minister of Education and Training."

4. Supplementing Article 3a after Article 3 as follows:

Article 3a. Establishing the structure of education inspection collaborators

“and issuing education inspection collaborator cards 1. For the Ministry of Education and Training

a) Based on inspection tasks, the Director of the Inspectorate of the Ministry shall establish the structure and number of regular education inspection collaborators among units and educational institutions directly under the Ministry, submitting for approval by the Minister.

b) Based on the approved structure and number of regular education inspection collaborators, units and educational institutions directly under the Ministry shall submit applications for recognition of education inspection collaborators to the Inspectorate of the Ministry. The Inspectorate of the Ministry shall compile and submit to the Minister for decisions on recognition and issuance of education inspection collaborator cards.

2. For provincial Departments of Education and Training

a) Based on inspection tasks, the Director of the Inspectorate of the Department shall establish the structure and number of regular education inspection collaborators among civil servants and employees of the Department, educational institutions directly under the Department, district education and training offices, and educational institutions directly under the People's Committee of the district, ensuring sufficient representation across all levels of education and training, submitting for approval by the Director of the Department.

b) Based on the approved structure and number of regular education inspection collaborators, district education and training offices, units, and educational institutions directly under the provincial Department of Education and Training shall submit applications for recognition of education inspection collaborators to the Inspectorate of the Department. The Inspectorate of the Department shall compile and submit to the Director of the Department for decisions on recognition and issuance of education inspection collaborator cards."

5. Supplementing Article 3b after Article 3a as follows:

"Article 3b. Recognition period and education inspection collaborator cards

1. The recognition period for education inspection collaborators is three years.

2. The education inspection collaborator card is valid during the recognition period. Upon expiration of the recognition period, the competent authority responsible for recognition and issuance of education inspection collaborator cards shall issue new cards according to Clause 1 and Clause 2 of Article 9 of this Circular.

The model of the education inspection collaborator card is specified in the Appendix attached to this Circular.

3. Education inspection collaborators are responsible for preserving their education inspection collaborator cards, presenting them when requested, and using them when performing inspection tasks.

It is strictly prohibited to use education inspection collaborator cards for personal purposes. If an education inspection collaborator uses the card to commit illegal acts, they will be subject to legal sanctions depending on the nature and severity of the violation."

6. Supplementing Article 3c after Article 3b as follows:

"Article 3c. Revocation of education inspection collaborator cards

The authority that recognizes education inspection collaborators has the power to revoke their cards and is responsible for revoking them in the following situations:

1. When the education inspection collaborator's recognition period expires or they transfer to another workplace;

2. When the education inspection collaborator lacks capacity for civil conduct, has been disciplined, or has been administratively sanctioned in the field of education or criminally prosecuted."

7. Supplementing Article 3d after Article 3c as follows:

"Article 3d. Application materials and time limit for issuing education inspection collaborator cards

1. Application materials for recognition and issuance of education inspection collaborator cards include: A list proposing civil servants and employees who meet the criteria for education inspection collaborators; two color passport-sized photographs (2cm x 3cm) and one certified copy of the Certificate of Education Inspection Collaborator Vocational Training for each person listed in the application.

2. Within thirty working days from the date of receipt of the application materials from units, educational institutions, or other competent authorities shall examine and issue decisions and education inspection collaborator cards."

8. Article 4 is amended as follows:

8. Article 4 is amended as follows:

“Article 4. Summoning of education inspection collaborators

The summoning of education inspection collaborators shall be carried out in accordance with the provisions of Article 23 of Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government on Inspectors and Inspection Collaborators.

9. Clause 3 of Article 5 is amended and supplemented as follows:

"3. Comply with decisions to summon for inspection tasks; perform duties and powers when participating in Inspection Teams in accordance with the provisions of Article 6 of this Circular. Timely detect and report to the inspection agency about violations of laws by agencies, organizations, and individuals operating in the field of education at localities and educational institutions."

10. Article 7 is amended and supplemented as follows:

“Article 7. Treatment and incentive policies for education inspection collaborators

After completing tasks at the educational management agency or the educational institution where they are currently working, education inspection collaborators shall enjoy treatment and incentive policies when participating in Inspection Teams (excluding inspections of examination periods) as follows:

1. For education inspection collaborators who are kindergarten teachers or primary and secondary school teachers: one session's work time shall be paid at the rate of three standard teaching periods (or hours).

2. For education inspection collaborators who are teachers or lecturers at universities, academies, colleges, and vocational schools: one session's work time shall be paid at the rate of 1.5 standard teaching hours.

3. For education inspection collaborators who are not teachers or lecturers: one session's work time shall be paid at the rate of six standard working hours.

11. Clause 1 and Clause 2 of Article 8 are amended and supplemented as follows:

"1. The budget of the state finance level corresponding to the national inspection agency that summons the education inspection collaborators shall ensure the funding.

2. Annually, the Ministry Inspectorate, the Inspectorate of the Department of Education and Training shall prepare the budget estimate for summoning education inspection collaborators and submit it to the same-level financial agency. The same-level financial agency shall be responsible for compiling and submitting to the competent authority for approval.

The funding for summoning education inspection collaborators shall be provided outside the administrative expense quota based on staffing."

12. Clause 1, Clause 2, and Clause 3 of Article 9 are amended and supplemented as follows:

"1. The Ministry of Education and Training shall decide to recognize and issue cards for education inspection collaborators in accordance with Clause 1 of Article 3a, Article 3d of this Circular and revoke the cards of education inspection collaborators in accordance with Article 3c of this Circular.

2. The Department of Education and Training shall decide to recognize and issue cards for education inspection collaborators in accordance with Clause 2 of Article 3a, Article 3d of this Circular and revoke the cards of education inspection collaborators in accordance with Article 3c of this Circular.

3. The Ministry Inspectorate, the Inspectorate of the Department of Education and Training shall be responsible for:

a) Establishing the structure and number of regular education inspection collaborators.

b) Guiding, training inspection skills, ensuring working tools, paying travel expenses and allowances to education inspection collaborators in accordance with regulations.

c) Summoning education inspection collaborators in accordance with Article 4 of this Circular; evaluating and providing feedback on the performance of education inspection collaborators after the completion of the inspection case and sending it to the head of the direct management agency of the education inspection collaborator.

13. Article 10 is amended and supplemented as follows:

"Article 10. Responsibilities of the Department of Education and Training, agencies, units, educational institutions managing education inspection collaborators

1. The Department of Education and Training shall be responsible for compiling the personnel files of civil servants and employees of the Department of Education and Training and educational institutions under the management of the People's Committee of the district to propose the competent authority to organize training, issue decisions recognizing and issuing cards for education inspection collaborators, and summoning to participate in inspection teams.

2. Agencies, units, educational institutions managing education inspection collaborators shall be responsible for:

a) Nominating civil servants and employees to participate in training for education inspection collaborators. Preparing files to submit to the competent authority for decisions recognizing and issuing cards for education inspection collaborators;

b) Arranging reasonable time and work schedules for civil servants and employees summoned to participate in inspection teams;

c) Using the feedback from the agency summoning education inspection collaborators in the evaluation, competition, and implementation of other policies for civil servants and employees."

Article 2. Effectiveness

1. This Circular takes effect from October 11, 2014.

2. Transitional Provisions

The standard "Having been issued a certificate of training for education inspection collaborators according to the program issued by the Minister of Education and Training" stipulated in Point c Clause 3 Article 1 of this Circular shall be applied from January 1, 2016.

Article 3. Responsibility for Implementation

The Director of the Office, the Chief Inspector, the Heads of units under the Ministry of Education and Training; the Chairmen of Provincial People's Committees directly under the Central Government; the Directors of Departments of Education and Training; the Heads of related agencies and units are responsible for implementing this Circular.

ANNEX

MODEL OF THE CARD FOR EDUCATION INSPECTION COLLABORATORS
(Annexed to Circular No. 31/2014/TT-BGDĐT dated September 16, 2014 of the Minister of Education and Training)

1. Form and content of the front and back of the Card for Education Inspection Collaborators

2. Size: 60mm x 90mm.

3. Characteristics: The card for education inspection collaborators has two sides printed in Vietnamese and laminated with plastic. The content is as follows:

a. Front side

- Background color gold (Gold), all text in red (Red);

- Line 1: (1) Managing agency, capital letters, font size 12;

- Line 2: Issuing agency, capital letters, bold font size 12 and a horizontal line below with a length of 1/3 to 1/2 the length of the text line and centered with the text line;

- Logo of the Vietnam Inspectorate with dimensions 15mm x 15mm and clearly showing the Paracel and Spratly Islands;

- Line 3: "COLLABORATOR CARD" font size 14 bold;

- Line 4: "EDUCATION INSPECTION" font size 14 bold;

- Line 5: (2) "No.: ... /... /QD.." font size 11 bold; Serial number in the Decision/number of the Decision recognizing the education inspection collaborator, recorded as ... /... /QD-...;

b) Back side

- Background color light yellow (Yellow), all text in light blue (Light Blue) (except for Line 3);

- Line 1: "SOCIALIST REPUBLIC OF VIETNAM", bold font size 10;

- Line 2: "Independence - Freedom - Happiness" in size 10 bold font and a horizontal line below with the length equal to that of the text line;

- Line 3: "EDUCATION INSPECTOR COLLABORATOR CARD" in red color (Red), size 10 bold font;

- Line 4: (3) Full name including surname, middle name, and given name according to birth certificate. In regular font size 11 bold;

- Line 5: (4) Current workplace, in regular font size 11 bold;

- Line 6: (5) Validity period (three years), from month .../20.. – month .../20.. (Example: 9/2014 – 8/2017), in regular font size 11 bold;

- Line 7: (6) Province or centrally governed city issuing the card; (7) Date of issuance of the card, in italic regular font size 11 bold;

- Line 8: (8) Head of the issuing authority, full name, signature, and stamp with diameter 20 mm, in all caps font size 8 bold;

- The 2x3 photo slot is the position for affixing the photograph of the collaborator inspector.