Decision No. 32/2003/QD-BGDĐT On the Issuance of the Regulation on the Organization and Operation of Sports Talent Schools and Classes in General Education

Pursuant to …;

OF THE MINISTER OF EDUCATION AND TRAINING

Regarding the issuance of the Regulation on the organization and operation of sports talent schools and classes in general education

_____________________________

MINISTER OF EDUCATION AND TRAINING

BASED ON THE EDUCATION LAW on 2-12-1998;

BASED ON THE PHYSICAL EDUCATION AND SPORTS ORDINANCE on 25-9-2000;

Pursuant to Decree No. 86/2002/NĐ-CP dated 5-11-2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

BASED ON DECREE NO. 29/CP dated 30-3-1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 43/2000/NĐ-CP dated December 22, 2000 of the Government detailing and guiding the implementation of certain provisions of the Education Law; 30-8-2000 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

WITH THE AGREEMENT OF THE SPORTS COMMITTEE AS STATED IN LETTER NO. 845/UB-TDTT-PC, dated 9-6-2003 regarding the issuance of the Regulation on sports talent schools;

AT THE PROPOSAL OF THE DIRECTOR OF THE DEPARTMENT OF PHYSICAL EDUCATION AND SPORTS

DECISION: 

Article 1. This Decision promulgates the Regulation on the organization and operation of sports talent schools and classes in general education.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Chairpersons of Provincial People's Committees, Heads of the Office, Directors of the Department of Physical Education and Sports, Heads of relevant units under the Ministry of Education and Training, Directors of Departments of Education and Training, Directors of Departments of Physical Education and Sports, Principals of sports talent schools are responsible for implementing this Decision.

REGULATIONS
ORGANIZATION AND OPERATION OF SPORTS TALENT SCHOOLS AND CLASSES IN GENERAL EDUCATION
(ISSUED ACCOMPANYING DECISION NO. 32/2003/QĐ-BGD&ĐT

dated July 11, 2003 of the Minister of Education and Training)
1. This Regulation stipulates the organization and operation of sports talent schools and classes in general education (hereinafter referred to as sports talent schools and classes).

PART I
GENERAL PROVISIONS

Article 1. Scope of application

2. Sports talent schools and classes are specialized types of schools and classes for students in general education who have a talent for physical education and sports.

Position and Tasks

Article 2. 1. Sports talent classes are established at all levels of general education for students with a talent for physical education and sports, aiming to identify, select, and nurture students with the potential to develop achievements in physical education and sports, based on ensuring comprehensive general education as prescribed in the Charter of General Education Schools at corresponding levels.

2. Sports talent schools are established at all levels of general education for students with a talent for physical education and sports, aiming to train and nurture their talents, based on ensuring general education qualifications for students. Sports talent schools may be at the district, provincial, or central ministry level; they have legal personality and their own seals.

1. Sports talent classes are organized in public and private general education schools at all levels. Students in sports talent classes must meet the common requirements prescribed in the Charter of Primary Schools issued accompanying Decision No. 22/2000/QĐ-BGD&ĐT dated July 11, 2000, the Charter of Secondary Schools issued accompanying Decision No. 23/QĐ-BGD&ĐT dated July 11, 2000, and the Regulation on the Organization and Operation of Private Schools issued pursuant to Decision No. 39/2001/QĐ-BGD&ĐT dated August 28, 2001 of the Minister of Education and Training. In addition, students with a talent for physical education and sports can be organized into sports talent classes according to their level and expertise in each sport, which may not be at the same educational level or age.

Article 3. Organizational principles

2. Sports talent schools are specialized types of schools organized according to the general principles prescribed in the school charters at corresponding levels and grades, and organized according to the specific characteristics of sports talent disciplines. Each student is assigned to two types of classes:

A general knowledge class comprising students at the same educational level, who may not be of the same age.

A specialized sports class comprising students with the same interest, ability, and expertise in a particular sport, who may not be at the same educational level or age.

3. Annually, sports talent schools and classes recruit new students with a talent for physical education and sports and transfer students who no longer meet the requirements or have no potential to develop achievements in physical education and sports to other regular general education schools.

Forms of Organization

Article 4. Sports talent schools and classes are established in the following forms:

1. Sports talent classes are established in primary, secondary, and high schools. Each general education school may establish one or several sports talent classes per discipline if it meets the conditions specified in Article 7 of this Regulation. Each student may only attend one sports talent class. A sports talent class comprises students in the same sports discipline with relatively similar expertise levels. Each sports talent class in a general education school shall not exceed 30 students.

2. Sports talent schools are established in localities or central ministries. If the conditions for facilities, training equipment, and coaching staff as specified in Article 7 of this Regulation are met, sports talent schools may establish specialized classes for each sports discipline. Students in the same specialized sports class must be in the same sports discipline and have relatively similar expertise levels. The number of students in each class depends on the expertise level of the students, with a maximum of 25 students.

Preferential Policies

Article 5. 1. Teachers and coaches directly teaching and coaching in sports talent classes are entitled to current policies and preferential policies as stipulated in Decree No. 35/2001/NĐ-CP dated July 9, 2001 of the Government.

2. Teachers, school administrators, and coaches in sports talent schools are entitled to current policies and preferential policies as stipulated in Decree No. 35/2001/NĐ-CP dated July 9, 2001 of the Government concerning policies for teachers and educational management personnel working in specialized schools in areas with particularly difficult economic and social conditions.

2. Teachers, school administrators, and coaches at sports schools shall enjoy the current policy regulations and shall also benefit from preferential policies as stipulated in Decree No. 35/2001/NĐ-CP dated July 9, 2001 of the Government on policies for teachers and educational management officials working at specialized schools, in areas with particularly difficult economic and social conditions.

3. Special physical education and sports classes shall be prioritized to allocate staff members and teachers with sufficient quality and capability, facilities, training equipment, funding, ensuring school activities, and receiving support from domestic and foreign economic and social organizations.

4. In addition to the preferential provisions stipulated in this Regulation, coaches of special physical education and sports classes shall also enjoy preferential treatment for sports coaches as prescribed by current regulations.

5. Depending on local conditions and circumstances, the People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as provincial level) may issue additional incentive policies beyond the national common policy to encourage and motivate staff members, teachers, coaches, and students of special physical education and sports classes.

PART II
||| ORGANIZATION AND MANAGEMENT OF SPECIAL PHYSICAL EDUCATION AND SPORTS CLASSES
||| PHYSICAL EDUCATION AND SPORTS

Article 6. Establishment and Dissolution

1. Special physical education and sports classes in general schools shall be proposed by the School Principal; the Department of Education and Training and the sports management agency at the district level shall submit to the Chairman of the District People's Committee for approval (for primary and junior high schools); the Department of Education and Training and the Sports Department shall jointly submit to the Chairman of the Provincial People's Committee for approval (for secondary schools).

2. Special physical education and sports schools under localities shall be proposed by the Director of the Department of Education and Training and the Director of the Sports Department; the Provincial People's Committee shall establish such schools after reaching agreement with the Ministry of Education and Training and the Sports Management Committee.

3. Special physical education and sports schools under Ministries and sectors shall be proposed by relevant units to their respective heads for establishment after reaching agreement with the Ministry of Education and Training and the Sports Management Committee.

4. The authority issuing the decision to establish shall also be the authority deciding to suspend operations and dissolve the school according to the procedures stipulated in Decree No. 43/2000/NĐ-CP dated August 30, 2000 of the Government.

Article 7. Conditions for Establishment

Establishing special physical education and sports classes and schools must meet the following conditions:

1. Having a team of managers and teachers meeting the required qualifications and standards to teach general knowledge as prescribed by the General Education Regulations for each educational level. There must be a coaching team with the necessary qualifications to train various sports disciplines as follows: Coaches for special physical education and sports classes must have a college degree in physical education or higher, while those for special physical education and sports schools must have a bachelor’s degree in physical education or higher; if they are athletes with a rank from first-class to champion, they must have a college degree in physical education or higher.

2. Having adequate facilities to ensure the teaching of general knowledge and the training of special physical education and sports disciplines for students (land area, classrooms, training fields, training halls, medical rooms, and necessary equipment and tools...).

3. Having a stable and quality source of admissions that aligns with the planning and development goals of education and physical education and sports in the sector and locality. Special physical education and sports schools must provide dormitory accommodation for students living far away.

Article 8. Management and Direction

1. Special physical education and sports classes within general schools shall be directly managed and directed by educational management levels regarding educational activities according to the general regulations of the Ministry of Education and Training.

The sports management agency shall coordinate with the educational management agency at the same level to manage and direct the content of programs, plans for training and competition activities, coaching teams, sports facilities and equipment, and funding.

2. Special physical education and sports schools shall be directly managed and directed by sports management levels and shall be subject to state management in the field of education and training by educational management levels.

CHAPTER III
||| EDUCATIONAL ACTIVITIES OF SPECIAL PHYSICAL EDUCATION AND SPORTS SCHOOLS AND CLASSES
|||

Article 9. Admissions

1. Objectives:

All students from general schools who are in good health, have good morals, have average academic performance or better, show talent in physical education and sports, express a willingness to improve their sports achievements, and obtain parental consent, provided they meet the conditions stipulated in Clause 2 of this regulation, shall be eligible to participate in the admission examination for special physical education and sports classes according to their specific sports specialties.

2. Admission Conditions:

a) Age:

Special physical education and sports classes shall admit students to start training in various sports disciplines at appropriate ages for each discipline. Disciplines such as gymnastics, chess, swimming, and table tennis can admit students starting from 6 to 8 years old. Disciplines like track and field, volleyball, and football can admit older students. To ensure sufficient time for training to achieve high results, the maximum age to start training should not exceed 15 years.

Students studying and training at special physical education and sports schools shall not exceed 20 years of age.

b) Professional Qualifications and Abilities:

Admissions to special physical education and sports classes: Must have good motor skills, show talent in physical education and sports, and meet the standard scores specified for each specific sports discipline.

Admissions to special physical education and sports schools: Must have excellent motor skills, show talent in physical education and sports, have the potential to improve sports achievements, have trained in these sports disciplines at special physical education and sports classes in general schools, be recommended by the school for promotion, or have the potential to achieve high results in sports.

3. Admission Plan:

a) For special physical education and sports classes in primary and junior high schools:

The Department of Education and Training, in coordination with the sports management agencies at the district level, shall be responsible for formulating the admission plan, scheme, and quota, and submitting them to the Chairman of the District People's Committee for approval.

b) For special physical education and sports classes in secondary schools:

The Department of Education and Training, in coordination with the Sports Department, shall be responsible for formulating the admission plan, scheme, and quota, and submitting them to the Chairman of the Provincial People's Committee for approval.

c) For sports talent schools under localities:

The Department of Physical Education and Sports shall coordinate with the Department of Education and Training to be responsible for establishing plans, admission schemes, and admission quotas, which shall be submitted to the Chairman of the Provincial People's Committee for approval.

d) For sports talent schools under ministries and sectors:

Sectoral physical education agencies shall establish plans, admission schemes, and admission quotas, which shall be submitted to the Minister or head of a ministerial-level agency for approval.

4. Forms and contents of admissions:

Form: Examination to assess physical qualities and sports talents

Morality and academic performance shall be based on existing records and school transcripts.

Content: Reviewing school transcripts to determine conduct and academic performance.

Examining physical morphology, functions, and physical qualities according to the standards specified for each sport discipline.

Requirement: All examination contents must be conducted openly, accurately, and fairly for all students.
5. Conditions for enrollment:

Students can only be admitted to sports talent classes and schools if they meet the provisions of Clause 1 and Clause 2 of this Article and have achieved the specified standards through talent examinations (within the assigned quota). Students without talent will not be admitted to sports talent classes and schools.

Supplementary admissions to sports talent classes and schools

Article 10. 1. Sports talent class:

Supplementary admissions may only occur when students must transfer out of sports talent classes.

Each academic year, supplementary admissions can only take place once at the beginning of the second semester.

2. Sports talent school:

Supplementary admissions of students can be made when exceptionally talented students are discovered through training in sports talent classes and are recommended for transfer by general secondary schools.

Each academic year, two supplementary admissions can be made at the end of the first semester and the end of the second semester.

Study plans and programs

Article 11. a) Students in sports talent classes within general secondary schools shall implement educational activities as prescribed in the Regulations and Charter of schools at various levels and grades to ensure common knowledge and academic qualifications.

Supplementary admissions may only occur when students must transfer out of sports talent classes.

b) Schools shall develop and build training programs for sports disciplines suitable for the aspirations and capabilities of students in sports talent classes, aiming to develop talents and improve sports achievements, which shall be submitted to the Department of Physical Education and Sports for approval.

c) Schools shall develop plans and programs for students in sports talent classes to participate in sports competitions to enhance their sports achievements.

d) Schools shall organize diverse educational activities for students to achieve comprehensive educational goals.

a) Students in sports talent schools shall implement educational activities as prescribed in the Regulations and Charter of general secondary schools at various levels and grades to ensure common knowledge and academic qualifications.

Supplementary admissions of students can be made when exceptionally talented students are discovered through training in sports talent classes and are recommended for transfer by general secondary schools.

Students may study the common curriculum at general secondary schools and train in sports disciplines at sports talent schools.

b) Sports talent schools shall organize teaching of subjects for elementary and lower secondary school students according to the common curriculum with adjustments in duration and content of certain activities and subjects as stipulated by the Ministry of Education and Training for specialized types of schools. Upper secondary school students shall follow the technical upper secondary school curriculum.

c) Organize training in sports disciplines according to approved plans and programs by the Sports Authority; organize sports competitions and other diverse educational activities to achieve comprehensive educational goals for students.

Assessment, classification, and promotion

Article 12. The assessment for grading, classification of academic performance, conduct, and promotion for students in sports talent classes and schools shall be carried out in two areas:

1. Common knowledge:

The assessment for grading, classification, and promotion for students in sports talent classes and schools in the area of common knowledge shall be conducted as prescribed for ordinary secondary school students.

2. Training in sports disciplines:

a) Sports talent class:

For students in sports talent classes within general secondary schools, they shall be assessed based on their execution of skills and techniques, particularly their progress in sports achievements. At the end of each semester, the school shall organize assessments and classifications of students' abilities to develop sports talents; transfer students who do not show potential for sports achievements out of sports talent classes; and plan to continue recruiting students with talents to supplement sports talent classes.

b) Sports talent school:

Students who must train, attend training sessions, or compete in long-term international or national sports training centers, unable to ensure time, content, and points for subjects, shall be organized by the school to make up lessons and ensure that students complete the curriculum content.

Assessments and classifications in the area of sports talents shall be based on enthusiasm for training, professional technical level, and most importantly, progress in sports achievements or the potential to achieve high sports achievements.

Promotion exams, graduation exams

Article 13. 1. Conditions for promotion, graduation exams, and entrance exams to universities and professional schools for students in sports talent classes and schools shall be conducted as for ordinary secondary school students.

2. Students in sports talent schools who must compete or attend concentrated training sessions abroad or at the National Sports Training Center for extended periods and cannot participate in promotion, graduation exams, or entrance exams shall be considered for special treatment according to regulations.

2. Students at sports schools who must participate in long-term competitions or concentrated training abroad or at the National Sports Training Center and thus cannot attend class promotion exams, grade advancement exams, or graduation exams shall be considered for special treatment according to the provisions.

3. Students from sports schools and classes who have won gold, silver, or bronze medals at national or international sports competitions or have reached the level of first-class athlete or champion shall enjoy preferential treatment when transferring classes, advancing grades, graduating, or enrolling in universities and vocational schools in accordance with current regulations.

Article 14. Transfer to another school

1. Students from sports schools who, after a period of training (at least one semester), do not demonstrate the potential to develop sports achievements shall be transferred to regular secondary schools within the same district or province.

2. Students from sports schools with sports talent and the potential to develop good sports achievements who wish to transfer to study in another province or city must obtain the agreement of the Director of the Department of Education and Training and the Department of Physical Education and Sports of the locality and comply with the current regulations of the Physical Education and Sports Committee regarding the transfer of athletes. If these regulations are not followed, they must pay back the training fees for the years spent at the sports school.

PART IV
DUTIES AND LIMITS OF MANAGEMENT STAFF, TEACHERS, COACHES, AND STUDENTS
COACHES AND STUDENTS

Article 15. Duties and rights of the Principal and Deputy Principal

In addition to the duties and rights stipulated for the Principal and Deputy Principal of general secondary schools, the Principal and Deputy Principal of sports schools also have the following duties and rights:

1. To effectively utilize funds, assets, facilities, and equipment; to fully leverage the capabilities and intelligence of teachers and students in teaching, learning, and activities, particularly in training and developing sports talents of students.

2. To enjoy benefits according to current state and local regulations for management staff of general secondary schools and additional preferential policies for specialized schools.

3. To select teachers and coaches for teaching and training at the school and to propose the transfer of teachers and coaches who do not meet the requirements for teaching and training at sports schools according to current classification regulations.

Article 16. Duties and rights of teachers and coaches

Teachers in sports schools and classes fulfill all duties and rights of teachers as prescribed in the Charter of Primary and Secondary Schools and Articles 63 and 64 of the Education Law. Coaches in sports schools and classes fulfill all duties and rights of coaches as prescribed in Decision No. 408/TCCP dated May 29, 1993, of the Government Organizational Cadre Board (now the Ministry of Home Affairs) on the professional standards of the physical education and sports civil service rank. Additionally, teachers and coaches also have the following duties and rights:

1. To identify students with sports talent and recommend them for admission to sports schools and classes.

2. To organize training sessions, performances, and sports competitions for students according to the school's program and plan.

3. To directly train sports disciplines to improve students' sports achievements.

4. To advise the school on conditions for teaching and training, to establish enrollment targets, and to participate in the recruitment process for sports specialties.

5. To conduct evaluations and classify students at the end of each semester and year according to their sports performance. To propose to the school which students should continue training in sports specialties or not.

6. To enjoy allowances and other preferential policies of the state and localities for teachers and coaches.

7. Each year, teachers and coaches who do not meet the conditions for teaching and training at sports schools and classes will be provided opportunities by the Department of Education and Training and the Department of Physical Education and Sports to teach and train at other general secondary schools or other units.

Article 17. Duties and rights of students

1. To fulfill the comprehensive educational requirements of secondary school students and the duties of students as stipulated in the School Regulations of various levels and this Regulation.

2. To actively and proactively engage in studies, training, and strive to develop talents and enhance sports achievements.

3. To voluntarily participate in the common activities of the school and compete in sports events according to personal abilities and preferences.

4. To be provided conditions such as dormitory accommodation, use of facilities and equipment for learning and training in sports specialties. To have a reasonable schedule for studying and training to help students maximize their potential and achieve high sports achievements.

5. To participate in sports competitions organized by the Department of Education and Training or the Department of Physical Education and Sports according to the Competition Regulations.

6. To be given preferential points when transferring grades or enrolling in universities and non-sports vocational schools according to current regulations.

7. Students who reach the level in sports specialties will receive material incentives and nutritional support according to the regulations of the Department of Physical Education and Sports, the Department of Education and Training, and localities.

8. To be provided with food allowance, uniforms, and sports training equipment.

Article 18. Rewards and disciplinary actions for students

1. Students who achieve good results in studies and high sports achievements will be rewarded according to the regulations of the Ministry of Education and Training, the Physical Education and Sports Committee, and localities.

2. Students who violate their duties as students will be subject to disciplinary action. Depending on the severity of the violation, different forms of discipline will be applied according to the regulations of the Ministry of Education and Training and the Physical Education and Sports Committee.

CHAPTER V
RELATIONSHIPS BETWEEN THE SCHOOL, FAMILY, AND SOCIETY

Article 19. Relationships between school, family, and society

The school shall maintain close relations with the students' families, relevant agencies and organizations, social organizations, economic entities, and individuals who are concerned about education and physical education to enhance understanding of the goals, tasks, teaching conditions, and learning conditions for teachers and students, and to provide necessary support and coordination to improve the quality of student education at the school.

The school, families, and society shall cooperate to organize propaganda and mobilize all individuals with the ability to contribute to educational activities for students, encourage study movements, and motivate students to develop their physical education talents, assist the school in building material and technical infrastructure for teaching and learning activities, and sports competitions for students.

Article 20. Parent-Student Representative Council

The Parent-Student Representative Council in the sports talent school shall be responsible for paying attention to the study and training of their children and closely collaborate with the school to effectively fulfill the educational mission for students.

The school shall mobilize parents to create the best possible conditions for their children regarding nurturing, studying, training, and monitoring, urging, and guiding their children to reasonably arrange their study, practice, and rest time.

The Parent-Student Representative Council shall participate in providing opinions on the academic year plan, teaching plans, and physical education training plans of the school and class, and has the right to request the school to answer questions related to the education and training of students that parents need to know clearly.