Decision No. 39/2001/QD-BGDĐT On the issuance of the Regulation on the organization and operation of private schools

Pursuant to …;

Regarding the issuance of the Regulation on the organization and operation of

||| private schools

__________________

 

MINISTER OF EDUCATION AND TRAINING

BASED ON DECREE NO. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;

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

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

At the proposal of the Director of the Office,

Pursuant to …;

Article 1. This Decision promulgates the Regulations on the organization and operation of private schools.

Article 2. This Decision takes effect fifteen days from the date of signature. This Decision replaces the following decisions of the Minister of Education and Training: Decision No. 1245/QĐ dated September 11, 1990 on the issuance of the Regulations on family kindergartens, family preschool classes, private kindergartens, and privately-run kindergartens, Decision No. 1447/GD-ĐT on the issuance of the Regulations on privately-run preschool classes, Decision No. 1931/QĐ dated August 20, 1991 on the issuance of the Regulations on privately-run secondary schools, Decision No. 1932/QĐ dated August 20, 1991 on the issuance of the Regulations on semi-public secondary schools.

Article 3. Heads of ministries, agencies at the ministerial level, and agencies under the Government that have colleges and vocational schools directly under their jurisdiction; Chairpersons of People's Committees of provinces and centrally-administered cities; Directors of the Office, Heads of the Department of Organization and Cadres, and Heads of units related to the Ministry of Education and Training; Directors of Departments of Education and Training and Principals of related schools shall be responsible for implementing this Decision.

 

 

 

REGULATIONS

ORGANIZATION AND OPERATION OF PRIVATE SCHOOLS
(Issued together with Decision No. 39/2001/QĐ-BGD&ĐT dated August 28, 2001 of the Minister of Education and Training)

Chapter 1

GENERAL PROVISIONS

 

Article 1. Scope of application

1. These regulations apply to the organization and operation of private schools in early childhood education, primary education, lower secondary education, upper secondary education, vocational training, and college education.

2. Private schools must comply with these regulations and the school charter corresponding to each educational level issued by the Minister of Education and Training.

3. Other educational institutions including kindergartens, groups, comprehensive technical centers, continuing education centers, language centers, computer centers, cultural enhancement centers, if they are private educational institutions, shall be responsible for complying with the relevant provisions of these regulations.

Article 2. Encouragement policies

1. Private schools are entitled to encouragement policies regarding physical facilities, land, taxes, fees, credit, insurance; awards and honorary titles according to government regulations.

2. Private schools are equal to public schools in terms of the duties and rights of the school, teachers, lecturers, staff, and students in implementing educational goals, contents, programs, methods, and related regulations on enrollment, teaching and learning, examinations, graduation certification, and awarding diplomas and certificates.

Article 3. Management Levels

Private schools are subject to state management by the Ministry of Education and Training and other ministries, sectors, and People's Committees at all levels according to their functions, tasks, and authority granted; they are also subject to direct management by educational administrative bodies as stipulated in the school charters corresponding to the educational levels.

Private schools have legal personality, seals, and are allowed to open accounts at the State Treasury or commercial banks for transactions.

Article 4. Types of private schools

1. Semi-public: These are schools established by the State based on state organizations cooperating with non-state organizations or individuals from all economic sectors, through one of the two following methods:

a. New establishment;

b. Transfer of all or part of the physical facilities from public schools to semi-public schools.

2. Privately-run: These are schools established upon permission by social organizations, social-professional organizations, economic organizations, self-funded with non-budgetary funds and contributions from educators, scientists, investors in terms of effort, funding, and physical facilities to build the school.

3. Independently-run: These are schools established upon permission by individuals or a group of individuals who fund them.

Chapter 2

ESTABLISHMENT, MERGER, DIVISION, SEPARATION, SUSPENSION OF OPERATIONS, TRANSFORMATION OF TYPES, DISSOLUTION OF PRIVATE SCHOOLS

Article 5. Conditions for Establishment

1. Private schools are considered for establishment when they meet the conditions stipulated in the corresponding school charters.

2. For private schools established before the issuance of these regulations, the direct educational administrative body has the responsibility to guide, urge, and inspect to ensure that within three years from the effective date of these regulations, the school meets the conditions regarding the management cadre, teacher, school premises, and equipment.

Article 6. Documents for establishing a school

When meeting the conditions stipulated in Clause 1 of Article 5 of these regulations, organizations or individuals applying to establish a school submit the application documents to the competent authority as prescribed in the corresponding school charter. The application documents for establishing a school, in addition to the documents prescribed in the corresponding school charter, include:

1. A draft proposal on the organization and operation of the school and a commitment to construct school premises corresponding to the scale and training professions planned for the school within five years.

2. A document confirming the financial capability and physical facilities of the organization or individual committing to fully and timely contribute to building the school (hereinafter referred to as capital contributors).

3. Documents confirming the right to use land or an agreement from the competent authority regarding the allocation of land for school construction.

4. Human resources documents:

a. A list of proposed members of the Board of Management (if applicable), principal, and other managerial staff of the school, confirmed by the competent human resource management authority;

b. A list of full-time teachers and lecturers, accompanied by a commitment to teach at the school.

Article 7. Procedures for establishing a school

1. The procedures for establishing a school are carried out according to the corresponding school charter.

2. After issuing the decision to establish the school, the competent authority issuing the establishment decision shall continue to consider the application of the organization or individual to establish the school to:

a. Decide on recognizing the Board of Management and the Chairman of the Board of Management (if applicable);

b. Appoint and recognize the Principal;

c. Approve the proposal on the organization and operation of the school;

d. Approve plans, scales of admissions, and fields of training (for vocational high schools and colleges).

d. Permit admissions.

Article 8. Responsibilities for inspection by educational management agencies at all levels

1. After a private school has been established with a decision to form the school, the direct educational management agency of the school shall be responsible for organizing inspections to ensure that the school is organized and operates according to the approved project and plan.

2. Within one year from the date of the decision to establish the school, if the school does not organize and operate according to the approved project and plan, or if the school does not have the documents specified in points a, b, c, and d of Clause 2, Article 7 of this Regulation, then the direct educational management agency of the school shall be responsible for submitting to the competent authority to revoke the decision to establish the school.

Article 9. Merger, division, separation, suspension of operations, dissolution of private schools.

1. The authority that decides on the establishment of the school also has the authority to decide on the merger, division, separation, suspension of operations, and dissolution of private schools.

2. The dossier and procedures for merging, dividing, separating private schools to establish new private schools of the same type shall be implemented in accordance with the provisions of Articles 6 and 7 of this Regulation.

3. Suspension of operations and dissolution of private schools shall be carried out in accordance with the provisions of Articles 21 and 22 of Decree No. 43/2000/NĐ-CP dated August 30, 2000 of the Government detailing and guiding the implementation of certain articles of the Education Law.

Article 10. Conversion of the type of private school

1. A private school of this type may be considered for conversion into a private school of another type when there is a corresponding change in the structure of capital contributors as prescribed for each type of school.

2. Procedures for converting the type of private school are as follows:

a. Organizations or individuals applying to establish a school submit the following documents:

- An application for conversion of the school type together with the decision of the Board of Directors (if any) regarding the request for conversion of the school type;

- A plan for converting the school type including the main contents: the new type of the school; new capital contributors; time frame and conditions for transferring assets and corresponding capital contributions to the new type; rights of teachers and students during the conversion process; time frame for implementing the conversion;

- A document from the competent authority confirming the financial capacity of the new capital contributors;

- Curriculum vitae of the person expected to become the principal and a proposal on the organizational structure (management) of the school.

b. The direct educational management agency receives the dossier, conducts an assessment, solicits opinions from related units, and submits to the competent authority establishing the school for consideration and decision. The decision to convert the type of private school for secondary general education schools and vocational high schools must be reported to the Ministry of Education and Training for monitoring.

Chapter 3

ORGANIZATIONAL STRUCTURE AND OPERATIONS OF PRIVATE SCHOOLS

Article 11. General requirements for organizational structure

1. Private schools are responsible for building an organizational structure that meets the basic requirements stipulated in the Charter of the school for each level and grade, suitable to the conditions and scale of the school.

2. Depending on the number of capital contributors, the organizational structure of private schools may also include a Board of Directors.

Article 12. Board of Directors

1. The Board of Directors is an organization representing the ownership of the school, responsible and having the autonomy to make important decisions regarding planning, development plans, organization, personnel, and finance and property of the school.

2. Private schools with two or more capital contributors must have a Board of Directors.

3. The Board of Directors consists of no more than eleven members, including a Chairman and other members, recognized by the competent authority deciding on the establishment of the school. The term of office of the Board of Directors is five years. The first term of the Board of Directors is nominated by the organization or group of individuals applying to establish the school. From the second term onwards, the formation of the Board of Directors is conducted through direct elections and secret ballots at the General Assembly of capital contributors and representatives of lecturers, teachers, and staff of the school.

4. The Board of Directors convenes regular meetings at least once every three months. Extraordinary meetings are convened by the Chairman of the Board of Directors upon the request of at least one-third of the Board members. The Board of Directors passes decisions by voting at meetings or by written ballot. Members of the Board of Directors are equal in their right to vote. A decision of the Board of Directors only takes effect when more than half of the Board members agree. In case of a tie, the final decision belongs to the side with the opinion of the Chairman of the Board of Directors. Documents and decisions of the Board of Directors must be signed by the Chairman of the Board of Directors.

Article 13. Duties and powers of the Board of Directors

The Board of Directors has the following tasks and powers:

1. Decide and adjust the planning and development plans of the school;

2. Develop and decide on financial revenue and expenditure systems within the school in accordance with state regulations on financial management systems for non-state entities operating in the field of education and training;

3. Mobilize various sources of capital for school construction; supervise the management of the school's finances and assets; approve annual budget estimates and settlements submitted by the Principal;

4. Resolve urgent requests for supplementary or changes to Board of Directors members during the term and propose to the competent authority establishing the school for recognition;

5. Nominate and propose recognition or removal of recognition of persons holding the positions of Principal and Deputy Principal, in accordance with the provisions of the School Charter;

6. Approve plans regarding organizational structures, staffing, and issues related to personnel proposed by the Principal;

7. Develop proposals on the organization and operation of the school to submit to the competent authority for approval.

8. The principal and the chief accountant shall be supervised in their compliance with state regulations, the Ministry of Education and Training's regulations, the directly managing authority's regulations, and the Board of Directors' decisions.

Article 14. Chairman of the Board of Directors

1. The Board of Directors shall elect the Chairman of the Board of Directors from among its members through secret ballot.

2. The Chairman of the Board of Directors must be a Vietnamese citizen, have at least the standard qualification required for teachers and lecturers of the institution, be in good health, and not exceed seventy years old when nominated. .

3. The Chairman of the Board of Directors is responsible before the State and the law for the Board of Directors' decisions; he/she presides over the Board of Directors' activities, oversees the implementation process of the Board of Directors' decisions, and monitors the principal's management; he/she has the right to use the organizational structure and seal of the school within the scope of the Board of Directors' functions and tasks.

4. In case the Chairman of the Board of Directors is absent or unable to perform assigned duties, the member authorized by the Chairman will carry out the Chairman's rights and duties. If there is no authorized person, the remaining members will select one among them to temporarily hold the position of Chairman of the Board of Directors.

5. The Chairman of the Board of Directors may concurrently be nominated as the principal if he/she meets the principal's criteria stipulated in the corresponding School Charter.

Article 15. Principal

1. The principal is the person directly managing and overseeing the school's activities; he/she is responsible under the law, before the direct educational management authority, and before the Board of Directors (if applicable) for implementing education and training regulations and ensuring the quality of educational and training activities and other activities of the school within the scope of assigned tasks and powers.

2. The principal must meet the standards prescribed in the corresponding School Charter, and not exceed seventy years old when nominated.

3. For schools with a Board of Directors, in addition to the tasks and powers stipulated in the corresponding School Charter, non-state-owned school principals also have the following tasks and powers:

a. Implementing the Board of Directors' decisions;

b. Proposing measures to mobilize, manage, and utilize resources to achieve educational goals, develop the school, and ensure the quality and effectiveness of educational and training activities, scientific and technological activities, to be approved by the Board of Directors;

c. Proposing lists of teachers and lecturers and serving as the chair or vice-chair of the teacher recruitment board; implementing state regulations on labor, wages, remuneration, insurance, scholarships, tuition fees, social allowances, rewards, and punishments for non-state-owned schools;

d. Preparing annual budget estimates and final accounts, submitting them for approval by the Board of Directors; implementing the financial plan already approved by the Board of Directors; reporting periodically on finances and school activities according to regulations to the Board of Directors and relevant management levels;

đ. Ensuring order, security, and a clean, safe environment in the school;

e. Participating in Board of Directors meetings (if not a member) but without voting rights;. In necessary cases, the principal has the right to reserve dissenting opinions regarding the Board of Directors' decisions and report to the direct educational management authority;

g. May be concurrently nominated as the Chairman of the Board of Directors if meeting the criteria prescribed for the Chairman of the Board of Directors.

Article 16. Financial Audit Committee.

The Financial Audit Committee, established by the Board of Directors, is a unit with the function of assisting the Board of Directors in auditing and supervising all financial activities of the school and implementing transparent financial systems.. The Financial Audit Committee consists of three to five members selected from shareholders and lecturers, teachers, and staff of the school, including at least one member with expertise in accounting. Members of the Board of Directors, the principal, and the chief accountant cannot be members of the Financial Audit Committee. The structure, powers, tasks, and working procedures of the Financial Audit Committee are defined by the Board of Directors.

Article 17. Schools without a Board of Directors.

1. Non-state-owned schools, if having only one shareholder, do not necessarily need a Board of Directors.

2. Such schools include:

a. Public-private partnership schools funded entirely by the State for initial infrastructure construction; regular expenses and other costs are covered through non-governmental revenue sources including tuition fees, contributions for school construction, and other revenues as prescribed by law;

b. Private schools fully funded by an individual for school construction and operation..

3. For public-private partnership schools without a Board of Directors, the principal is part of the state's personnel system; appointed according to the procedures stipulated in the corresponding School Charter; in addition to the tasks and powers specified in the School Charter, they have the following additional tasks and powers:

a. Developing a proposal for the organization and operation of the school to submit to the competent authority for approval;

b. Mobilizing funds for school construction and development;

c. Implementing financial income and expenditure systems in the school according to state regulations on financial management for non-state-owned entities operating in the field of education and training;

d. Organizing teacher and lecturer recruitment; implementing state regulations on labor, wages, remuneration, insurance, scholarships, tuition fees, social allowances, rewards, and punishments for non-state-owned schools;

đ. Ensuring order, security, and a clean, safe environment in the school.

4. For private schools without a Board of Directors, the duties and powers of the individual who invests in building the school shall be implemented according to the provisions of Clauses 1, 2, 3, 5, 6, 7, and 8 of Article 13 of this Regulation. The individual who invests in building the school may directly serve as the principal if they meet the standards for principals as stipulated in the corresponding School Regulations. In cases where the principal is someone else, the principal shall be responsible to the individual who invested in building the school regarding the implementation of the duties and powers as prescribed in Clause 3 of Article 15 of this Regulation.

Article 18. EDUCATION AND TRAINING PROGRAMS AND TEACHING PLANS

The implementation of education and training programs and teaching plans shall be regulated as follows:

1. Non-state-owned schools shall implement education and training programs and teaching plans in accordance with the provisions of the corresponding School Regulations.

2. Non-state-owned schools must ensure that teaching is complete and on schedule according to the program specified for each level of education and class; they must carry out comprehensive educational activities for students; they shall not reduce or compress teaching hours.

3. Non-state-owned schools shall organize study time according to the academic year schedule like state-owned schools at the same level of education. Specifically, secondary and high schools may supplement study time by up to four weeks per year to ensure a consistent knowledge base and satisfactory results in graduation exams and entrance exams for higher levels of education.

4. Private secondary and high schools may organize two sessions per day if they have sufficient conditions in terms of infrastructure and teaching staff. Based on the determined amount of time, non-state-owned schools shall develop a timetable ensuring a reasonable arrangement between classroom hours and self-study, homework, and practical work hours; teacher-led discussion hours; and ensuring that most of the teachers' requirements are met within a school day. The timetable must be stable, suitable for the age group's psychology, ensuring students' learning rights, and appropriate to the specific conditions of the school.

Chapter 4

INFRASTRUCTURE - EQUIPMENT AND FINANCIAL MANAGEMENT

Article 19. Minimum requirements for school scale

Non-state-owned schools established after the issuance of this Regulation must ensure sufficient infrastructure for school operations with a minimum scale as follows:

1. Kindergartens must have at least three groups or classes as stipulated in the Kindergarten Regulations.

2. Primary, middle, and high schools must have a scale of three classes per grade.

3. Vocational high schools must have at least two hundred students for registered training professions.

4. Colleges must have at least three hundred students for registered training professions.

Article 20. Requirements for infrastructure and equipment

Non-state-owned schools are responsible for implementing the commitments regarding school construction as stipulated in Clause 1 of Article 6 of this Regulation to ensure the conditions for infrastructure and equipment as prescribed in the corresponding School Regulations and the Education Equipment Regulation issued by the Ministry of Education and Training.

Article 21. Assets

The assets of non-state-owned schools include initial capital contributions from organizations, collectives, individuals, and additional assets accumulated during the operation process. After deducting the initial capital contributions of organizations, collectives, individuals, and expenses for school activities including interest on loans and capital contributions, the remaining assets are non-divisible property owned by the State and associated organizations (for semi-public schools), collective ownership (for public schools), or individual or group investors (for private schools), protected by law, and no one may seize them.

Article 22. Financial matters

1. Non-state-owned schools shall enjoy financial incentives according to the State's regulations on financial incentives for non-state-owned institutions in the fields of education, healthcare, culture, and sports.

2. Non-state-owned schools shall manage their finances according to the State's regulations on financial management for non-state-owned units operating in the field of education and training.

Chapter 5

TEACHERS, STAFF, AND STUDENTS

Article 23. Requirements for the ratio of full-time teachers and lecturers

1. Non-state-owned schools must ensure from the first academic year the ratio of full-time teachers and lecturers to the total number of teachers and lecturers in the school as follows:

a. Kindergartens and primary schools: 100%;

b. Middle schools: not less than 40%;

c. High schools: not less than 30% in the first two years, and not less than 40% from the third year onwards;

d. Vocational high schools and colleges: not less than 30%.

2. The remaining teachers and lecturers in middle and high schools, vocational high schools, and colleges are part-time teachers and lecturers.

3. The number of teachers and lecturers (full-time and part-time) in non-state-owned schools must ensure it is not lower than the quota for teachers and lecturers as prescribed by the State for each level of education.

Article 24. Recruitment

1. Management staff, full-time lecturers, full-time teachers, and employees of non-state-owned schools are not in the state's payroll, except for the principal of semi-public schools (as stipulated in Clause 3 of Article 17 of this Regulation) and special cases for kindergarten education as prescribed by the Prime Minister; they are recruited and operate under labor contract regulations and receive reasonable remuneration based on the school's performance, and contribute to social insurance and health insurance.

2. Management staff, lecturers, and teachers of semi-public schools currently in the state payroll shall enjoy benefits as prescribed by law for civil servants transferring to work in semi-public institutions.

Article 25. Standards, duties, and rights of teachers

Teachers and lecturers (permanent and visiting) of private schools must meet the standards for moral character, ethics, qualification, and health as stipulated by the Education Law; they have duties and rights as prescribed in the respective school regulations; they are eligible to be awarded titles such as National Teacher, Outstanding Teacher, Medal "For the Cause of Education," and other prestigious titles equivalent to those of teachers and lecturers in public schools, and are entitled to bonuses at the levels prescribed by the State from the state budget.

Article 26. Duties and rights of students

1. Children, students, and pupils of private schools shall perform the duties as prescribed in the respective school regulations.

2. Children, students, and pupils of private schools shall enjoy the rights as prescribed in the respective school regulations; they shall benefit from policies and systems as prescribed by the Government; and they shall have equal opportunities for further education and job search as students and pupils in public schools.

Chapter 6

INSPECTION, REWARD AND VIOLATION HANDLING

Article 27. Inspection and Audit Responsibilities

1. Private schools shall be responsible for regularly organizing self-inspection of school activities in accordance with current regulations.

2. Educational management agencies shall be responsible for inspecting and supervising school activities of private schools as prescribed; promptly addressing complaints, accusations, and violations according to the Law on Complaints and Accusations and the Ordinance on Inspection.

Organizations and individuals have the right to complain; individuals have the right to accuse illegal acts in educational activities of the school.

Article 28. Prohibition of Misusing the Name of Private Schools

Private schools are not permitted to allow any individual or organization to misuse their name or use the school's facilities to conduct illegal activities and commercialize educational activities for profit, which is inconsistent with the objectives and purposes of private schools.

Article 29. Awards

Groups and individuals of private schools that have made significant contributions to the education cause shall be rewarded according to the provisions of the State.

Article 30.

In cases where there is sufficient evidence that a private school does not comply with laws, regulations, and rules set by the Ministry of Education and Training; fails to ensure educational quality; does not meet minimum requirements for physical infrastructure and equipment for teaching and learning; and does not ensure hygiene and safety conditions, depending on the severity, the direct educational management agency shall be responsible for:

1. Deciding to temporarily suspend teaching;

2. Deciding to temporarily suspend admissions;

3. Submitting to competent authorities for a decision to suspend operations or dissolve the school.