Joint Circular No. 35/2008/TTLT-BGDĐT-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Education and Training under the People's Committee of the province and the Department of Education and Training under the People's Committee of the district.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of the Department of Education and Training under the People's Committee of the province and the Department of Education and Training under the People's Committee of the district

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Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committee of the province and centrally governed city;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committee of the district, town, and provincial-level city;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

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. 48/2008/NĐ-CP dated April 17, 2008 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 issue guidelines on the functions, tasks, powers, and organizational structure of the Department of Education and Training under the People's Committee of the province and centrally governed city (hereinafter referred to collectively as the People's Committee at the provincial level) and the Department of Education and Training under the People's Committee of the district, town, and provincial-level city (hereinafter referred to collectively as the People's Committee at the district level) as follows:

Part I
DEPARTMENT OF EDUCATION AND TRAINING

I. POSITION AND FUNCTION

1. The Department of Education and Training is a specialized agency under the People's Committee at the provincial level with the function of advising and assisting the People's Committee at the provincial level in performing state management over education and training, including: objectives, programs, contents of education and training, standards for teachers and educational managers; standards for infrastructure, school equipment, and children's toys; examination regulations and issuance of certificates and diplomas; public services within the scope of state management of the Department according to the provisions of the law.

2. The Department of Education and Training has legal personality, its own seal and separate account; it is subject to direction and management regarding organization, staffing, and personnel work by the People's Committee at the provincial level, while also being subject to direction, guidance, inspection, and auditing regarding professional matters by the Ministry of Education and Training.

II. TASKS AND POWERS

1. Submit to the People's Committee at the provincial level:

a) Draft decisions, directives, and other documents within the authority to promulgate of the People's Committee at the provincial level concerning education and training;

b) Draft planning, five-year plans, annual plans, programs, projects, and measures to organize the implementation of administrative reform tasks in the field of education and training within the scope of state management assigned;

c) Draft specific tuition fee levels for educational institutions under local management for the People's Committee at the provincial level to submit to the Provincial People's Council for decision in accordance with the law;

d) Draft regulations on qualification criteria for heads and deputy heads of units under the Department of Education and Training, heads and deputy heads of the Department of Education and Training under the People's Committee at the district level.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft decisions on establishing, merging, splitting, suspending operations, dissolving public educational institutions directly under the Department; permit the establishment, suspension of operations, and dissolution of private educational institutions within the scope of management of the Department in accordance with the law;

b) Draft regulations on the working relationship between the Department of Education and Training and related departments and the People's Committee at the district level;

c) Draft decisions recognizing kindergartens and general schools meeting national standards according to the national standard regulations issued by the Ministry of Education and Training;

d) Draft individual decisions and directives within the authority to promulgate of the Chairman of the People's Committee at the provincial level.

3. Guide and implement regulatory legal documents, policies, planning, programs, and other contents about education and training after approval; organize information dissemination, propaganda, and popularization of laws on education and training within the scope of management of the Department.

4. Provide professional guidance to units under the Department and the Department of Education and Training under the People's Committee at the district level on implementing objectives, programs, contents, plans, and other educational activities according to the law and the Ministry of Education and Training.

5. Manage enrollment, examinations, review, and issuance of certificates and diplomas according to the regulations of the Ministry of Education and Training; guide, inspect, and audit the management of educational quality for educational institutions in the locality.

6. Guide and implement universal education programs on the local territory according to the guidelines of the Ministry of Education and Training and the provisions of the law.

7. Develop training and capacity-building plans for teachers and educational managers in various fields and levels within the scope of provincial management; guide and implement training and capacity-building plans for the teaching staff and educational managers after approval by the competent authority.

8. Organize the application of advanced scientific and technological experiences in education; summarize local experiences and initiatives; manage scientific research and technological development in educational institutions under the Department; build information and archival systems to serve state management and professional work assigned.

9. Guide, inspect, audit, and implement commendation and reward work for educational institutions on the local territory; establish and promote exemplary models of excellence in education and training in the province.

10. Guide and implement mechanisms and policies for socialized education; mobilize, manage, and utilize resources to develop the education sector on the local territory.

11. Assist the People's Committee at the provincial level in managing state affairs concerning enterprises, collective economic organizations, and private economic organizations related to the field of education in the locality; guide and inspect the activities of associations and non-governmental organizations in the field of education in the locality according to the law.

12. To take the lead and coordinate with relevant agencies in assessing the conditions and standards for submitting to competent authorities to issue licenses for organizations and individuals from foreign countries to participate in investment; issuing and revoking operation licenses; guiding, inspecting, and supervising educational activities of educational institutions with foreign investment participation in accordance with the provisions of the law.

13. Issuing and revoking registration for operation of organizations providing self-funded overseas study services at secondary, college, university levels within the provincial management scope; inspecting the operations of these organizations in accordance with the regulations of the Ministry of Education and Training and the law; compiling statistics on people going abroad for research and study under the provincial management scope, reporting to competent authorities as prescribed.

14. Implementing international cooperation tasks in the field of education and training according to the classification and authorization of the provincial People's Committee and the provisions of the law.

15. Guiding, inspecting, and supervising the implementation of the autonomous mechanism and responsibility for tasks, organization, staffing, and finance of subordinate education and training public service units according to the classification and authorization of the provincial People's Committee and the provisions of the law.

16. Developing and consolidating annual staffing plans for local education and training public service; allocating staffing quotas for public education service units under the Department after approval by competent authorities; guiding, inspecting, supervising, and organizing the implementation of annual recruitment of public service employees in the province according to the provisions of the law.

17. Taking the lead and coordinating with the Finance Department, Planning and Investment Department to prepare the annual education budget including: regular expenditure budget, construction investment budget, school equipment procurement budget, children's toys budget, national target program budget to submit for approval by competent authorities; allocating and assigning the budget expenditure assigned to education; guiding and inspecting the implementation.

18. Inspecting, supervising, and handling violations within the authority regarding the implementation of policies, laws, planning, programs, projects, and regulations of competent authorities in the field of education and training; resolving complaints, denunciations, and suggestions related to the field of education under the management authority of the Department; practicing thrift, anti-corruption, and waste prevention according to the classification of the provincial People's Committee and the provisions of the law.

19. Specifying the functions, tasks, and powers of the office, inspection department, specialized departments, and subordinate public service units of the Department; managing staffing, cadres, civil servants, and public service employees of the Department of Education and Training and its subordinate units; deciding on appointment, removal, resignation, and dismissal of heads and deputy heads of subordinate organizations; recognizing, not recognizing, or changing members of the Board of Directors and Principals of private educational institutions according to the provisions of the law; implementing recruitment, labor contracts, transfer, rotation, and incentive policies, rewards, and disciplinary measures for cadres, civil servants, and public service employees under the Department according to the provisions of the law.

20. In cases where necessary to serve the development of education and training in the locality, the Director of the Department of Education and Training decides on the transfer of cadres and teachers in the sector after obtaining approval from competent authorities.

21. Managing financial resources, assets, and material infrastructure allocated and organizing the implementation of the budget allocated according to the classification of the provincial People's Committee and the provisions of the law.

22. Implementing periodic and ad hoc reporting on the implementation of assigned tasks to the provincial People's Committee and the Ministry of Education and Training.

23. Performing other tasks assigned by the provincial People's Committee or as prescribed by the law.

III. ORGANIZATION AND STAFFING

1. The Department Leadership

a) The Department of Education and Training has a Director and no more than three Deputy Directors; for Hanoi City and Ho Chi Minh City, no more than four Deputy Directors;

b) The Director of the Department is the head of the Department, responsible before the provincial People's Committee and the law for all activities of the Department;

c) Deputy Directors assist the Director of the Department, responsible before the Director and the law for the tasks assigned; when the Director of the Department is absent, a Deputy Director appointed by the Director can manage the activities of the Department;

d) The appointment of Directors and Deputy Directors of the Department is decided by the Chairman of the provincial People's Committee according to professional standards issued by the Ministry of Education and Training and the provisions of the law. Removal, dismissal, commendation, punishment, and incentive policies for Directors and Deputy Directors of the Department are implemented according to the provisions of the law.

2. Structure

a) Organizations established uniformly in Departments include: Office, Inspection, Cadre Organization Department, Planning and Finance Department.

b) Specialized Departments

Specialized Departments are established based on the principle of ensuring comprehensive coverage of all fields, educational levels, and disciplines under the Department's state management scope, with clear functions and responsibilities, without overlap, suitable to the characteristics of management and actual workload in the locality, 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 takes the lead and coordinates with the Director of the Civil Service Department to submit to the Chairman of the provincial People's Committee for specific decisions on the number and names of specialized departments under the Department, but the total number shall not exceed six departments; for Hanoi City and Ho Chi Minh City, it shall not exceed seven departments;

c) The subordinate public service units under the Department include: college of education, secondary teacher training school, high school, general secondary school with multiple levels (including the high school level); boarding school for ethnic minorities; comprehensive vocational training center, continuing education center; schools and classes for persons with disabilities; teacher training institutions and other organizations with different names (if any).

3. Staffing:

a) Administrative establishment: Based on the volume, nature, and characteristics of educational and training work in the locality, the Provincial People's Committee decides specifically on the establishment of the Department within the total administrative establishment of the province assigned by the Central Government.

b) The public service establishment of the subordinate public service units under the Department shall be decided by the Provincial People's Committee according to the staffing norms, financial capacity, and legal provisions.

Part II
EDUCATION AND TRAINING DEPARTMENT

I. POSITION AND FUNCTION

1. The Education and Training Office is a specialized agency under the District People's Committee, having the function of advising and assisting the District People's Committee in performing state management functions in the fields of education and training, including: objectives, programs, contents of education and training; standards for teachers and educational managers; standards for infrastructure, equipment, and toys for schools; examination regulations and issuance of certificates and diplomas, ensuring the quality of education and training.

2. The Education and Training Office has legal personality, its own seal and separate account; it is subject to the direction and management of organization, establishment, and personnel work by the District People's Committee; at the same time, it is subject to professional guidance, inspection, and supervision by the Department of Education and Training.

II. TASKS AND POWERS

1. Submit to the District People's Committee:

a) Draft guiding documents for implementing mechanisms, policies, laws, and regulations of the Provincial People's Committee regarding educational activities in the locality;

b) Draft decisions, directives, five-year plans, annual plans, and programs and contents of administrative reform in the field of education and training in the locality;

c) Draft planning for the network of middle schools, general secondary schools with multiple levels (excluding high school level), primary schools, early childhood education facilities, and community learning centers in the locality following the guidelines of the Department of Education and Training;

d) Draft decisions on establishing, merging, splitting, suspending operations, dissolving public educational facilities, including: middle schools, general secondary schools with multiple levels (excluding high school level), primary schools, early childhood education facilities; permission to establish, suspend operations, dissolve private educational facilities under the management of the District People's Committee in accordance with the law.

2. Guide and take responsibility for organizing the implementation of legal normative documents, programs, and development plans for education in the locality after approval by the competent authority; guide and organize the implementation of mechanisms and policies for socialized education; mobilize, manage, and utilize resources for the development of the education sector in the locality; disseminate, popularize, and educate the law and information about education; direct and organize the implementation of administrative reform in the field of education in the locality; implement objectives, programs, contents, plans, professional tasks, educational activities, universal education; admission, examination, review, issuance of certificates and diplomas for educational and training facilities in the locality.

3. Develop plans and organize the implementation of training and upgrading for teachers and educational managers in various fields and levels within the scope of district management after approval by the competent authority.

4. Organize the application of advanced scientific and technological experiences in education, summarize local experiences and initiatives.

5. Guide, inspect, and organize the implementation of competition, commendation, and reward work for educational and training facilities in the locality; build and promote exemplary models of advanced education in the district.

6. Guide and inspect public educational and training facilities under the scope of district management to develop staffing plans; compile staffing of public educational facilities under the scope of district management, submit to the competent authority for decision.

7. Assist the District People's Committee in guiding, inspecting, and auditing the implementation of self-management mechanisms and self-responsibility for tasks, organization, staffing, and finance of public educational and training facilities according to the provincial government's decentralization and legal provisions.

8. Coordinate with the Finance and Planning Office to prepare budgets and allocate education funds, annual program budgets for national target programs in education of the district according to the guidelines of the Department of Education and Training and the Department of Finance.

9. Inspect, audit, and handle violations within the authority regarding the implementation of policies, laws, plans, programs, projects, and regulations of the competent authority in the field of education and training; resolve complaints, denunciations, and suggestions from citizens regarding education within the authority; practice thrift, prevent corruption, waste in accordance with the law.

10. Manage staffing, implement recruitment, employment contracts, transfer, rotation, professional training and upgrading, and implement systems, policies, rewards, and disciplinary measures for civil servants, public officials, and employees under the scope of management of the Office in accordance with the law and the delegation of the District People's Committee.

11. Manage finances, assets, and infrastructure facilities allocated according to the law and the delegation of the District People's Committee.

12. Implement regular and ad hoc reporting on the implementation of assigned tasks to the District People's Committee and the Department of Education and Training.

13. Perform other tasks assigned by the Chairman of the District People's Committee and as stipulated by the law.

III. ORGANIZATION AND STAFFING

1. The Education and Training Office shall have a Director and not more than three Deputy Directors.

a) The Director is responsible before the District People's Committee and the law for all activities of the Office.

b) The Deputy Heads of the Department are responsible to the Head of the Department and to the law for the tasks assigned to them.

c) The appointment of the Head of the Department and the Deputy Heads of the Department shall be decided by the Chairman of the People's Committee at the district level based on the professional standards issued by the People's Committee at the provincial level and in accordance with the provisions of the law. The removal, dismissal, commendation, disciplinary action, and other policies concerning the Head of the Department and the Deputy Heads of the Department shall be implemented in accordance with the provisions of the law.

2. The administrative establishment of the Department of Education and Training shall be determined based on the workload, nature, and specific characteristics of educational work in the district; the number of positions in the Department shall be decided by the Chairman of the People's Committee at the district level within the total administrative establishment of the district allocated by the People's Committee at the provincial level.

3. Educational public service organizations at the district level include: secondary schools, general education schools with multiple levels (excluding high school), primary schools, boarding schools for ethnic minorities (if any), and preschool education facilities.

The establishment, merger, dissolution, division, and restructuring of public educational service organizations at the district level shall be decided by the People's Committee at the district level according to the approved planning by the competent authority and in accordance with the provisions of the law.

Part III
IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular No. 21/2004/TTLT-BGD&ĐT-BNV dated July 23, 2004, jointly issued by the Ministry of Education and Training and the Ministry of Home Affairs guiding the functions, responsibilities, authorities, and organizational structure of specialized agencies assisting the People's Committees in managing state affairs in education and training at the local level.

2. Provincial People's Committees and centrally governed city People's Committees:

a) Specify the duties, powers, and organizational structure of the Department of Education and Training; guide the People's Committee at the district level to specify the duties, powers, and organizational structure of the Department of Education and Training;

b) Based on the characteristics, socio-economic development situation, and requirements for educational development in the locality, decide on the establishment, merger, dissolution, division, and restructuring of public educational service units of the province according to the approved planning and the guidance provided in this Joint Circular.

3. The Chairmen of the People's Committees of the provinces and centrally governed cities are responsible for organizing and implementing this Joint Circular.

During implementation, if any issues arise or difficulties occur, the provinces and centrally governed cities must promptly report to the Ministry of Education and Training and the Ministry of Home Affairs for consideration and resolution within their jurisdiction.