Circular No. 39/2013/TT-BGDĐT guiding specialized inspection in the field of education

CIRCULAR

Guidelines on specialized inspection in the field of education

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Based on the Inspection Law dated November 15, 2010;

BASED ON THE Education Law dated June 14, 2005 and the Law Amending and Supplementing Certain Provisions of the Education Law dated November 25, 2009;

BASED ON THE Higher Education Law dated 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. 115/2010/NĐ-CP dated December 24, 2010 of the Government stipulating responsibilities for state management of education;

Pursuant to Decree No. 73/2012/NĐ-CP dated September 26, 2012 of the Government on cooperation and foreign investment in the field of education;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

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

The Minister of Public Security issues this Circular to provide for the handling, resolution of complaints and management of complaint resolution work in the People's Public Security.

The Minister of Education and Training issues this Circular on guidelines for specialized inspection in the field of education.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular guides on the content of inspection, inspection activities, and the responsibilities of agencies, organizations, and individuals related to specialized inspections in the field of education (hereinafter referred to as specialized inspections).

2. This Circular applies to departments of education and training, district education and training offices; the Inspectorate of the Ministry of Education and Training, the Inspectorates of departments of education and training; the Chief Inspectors of the Ministry of Education and Training, the Chief Inspectors of departments of education and training; heads of specialized inspection teams, members of specialized inspection teams; inspectors assigned to perform specialized inspection tasks; educational institutions under the national management of the Ministry of Education and Training; organizations and individuals related to such activities.

Article 2. Principles of specialized inspection activities

1. Compliance with legal regulations, ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness.

2. There shall be no overlap in the scope, objects, content, and time of inspection among agencies performing inspection functions; no hindrance to the normal operations of inspected agencies, organizations, and individuals.

3. Inspection activities shall be conducted regularly and integrated with the performance of professional and administrative duties and state management responsibilities in the field of education.

4. Inspection activities shall combine state inspection, internal inspection, quality control, evaluation of teachers, and people's inspection as prescribed by law.

Chapter II

CONTENT OF SPECIALIZED INSPECTION

Article 3. Specialized inspection of departments of education and training

1. Advising on the issuance of legal normative documents, planning, programs, projects, policies for education development within the province or centrally-administered city.

2. Advising the Chairman of the People's Committee at the provincial level to establish, permit establishment, merge, divide, dissolve educational institutions.

3. Issuing directives within their authority; disseminating and popularizing laws on education.

4. Directing the management and use of textbooks, educational materials, and educational equipment.

5. Direct the implementation of professional regulations, examination regulations, educational content and methods; manage and issue diplomas and certificates; implement universal education, illiteracy prevention, and the construction of a learning society within the jurisdictional area; link training, open training programs, permit educational activities, suspend educational activities according to authority.

6. Directing and implementing admission regulations, student management and education, and student benefits and policies.

7. Direct and implement regulations concerning teachers and educational managers for preschool, general education within the provincial jurisdiction and for higher education institutions and vocational college institutions according to the division of authority.

8. Directing efforts to ensure educational quality, quality assessment, and socialization of education.

9. Directing the implementation of regulations on tuition fee collection, management, and use, and other financial resources.

10. Managing self-funded study abroad activities within the jurisdiction.

11. Direct and implement inspection, supervision, complaint resolution, accusation resolution, anti-corruption, reporting, statistics, and transparency regarding education for district education and training offices and subordinate units.

Article 4. Specialized inspection for the education and training department

1. Advising on the issuance of regulatory legal documents, planning, plans, programs, policies for educational development within the district, city district, town, provincial city.

2. Advising the Chairman of the People's Committee at the district level to establish, permit establishment, merger, division, separation, dissolution of educational facilities.

3. Issuing directives within their authority; disseminating and popularizing laws on education.

4. Directing the management and use of textbooks, educational materials, and educational equipment.

5. Direct the implementation of professional regulations, examination regulations, educational content and methods; manage and issue diplomas and certificates; implement universal education, illiteracy prevention, and the construction of a learning society within the jurisdictional area; permit educational activities, suspend educational activities for educational institutions according to authority.

6. Implementing admission regulations, managing and educating students, and implementing student benefits and policies.

7. Directing and implementing regulations concerning teachers and educational management staff for preschool, primary, and lower secondary education within the area.

8. Directing work to ensure educational quality and socialization of education.

9. Directing the implementation of regulations on tuition fee collection, management, and use, and other financial resources.

10. Direct and implement supervision, complaint resolution, accusation resolution, anti-corruption, reporting, statistics, and transparency regarding education for educational institutions under the management of the People's Committee at the county level.

Article 5. Specialized inspection for higher education institutions and vocational college

1. The organization and operation of higher education institutions and vocational colleges include: issuing internal management documents and disseminating and educating the law; building organizational structures; implementing regulations on transparency in the field of education; internal inspection work and the implementation of regulations on organization and operation according to the Charter and Operation Regulations of the institution.

2. Implement training regulations, joint training regulations; regulations on opening training programs; developing curricula, compiling textbooks, lectures, and teaching materials; examination regulations; printing, managing, and issuing diplomas and certificates.

3. Implementing admission regulations, managing and educating students, and implementing student benefits and policies.

4. Work on planning, recruitment, utilization, appointment, training, upgrading, evaluation, and implementing benefits and policies for teachers, educational management staff, and other employees.

5. Conditions ensuring educational quality; educational quality assessment.

6. Implementing regulations on collecting, managing, and using tuition fees and other financial resources.

7. Organizing scientific and technological activities; applying, developing, and transferring technology; implementing science services; organizing international cooperation activities in education.

8. Implementing other legal provisions on higher education and vocational college.

Article 6. Specialized inspection for preschool education, general education, and continuing education institutions

1. The organization and operation of preschool education, general education, and continuing education institutions include: issuing internal management documents and disseminating and educating the law; building organizational structures; implementing regulations on transparency in the field of education; internal supervision work and the implementation of regulations on organization and operation according to the Charter and Operation Regulations of the institution.

2. Implementing professional regulations, implementing educational content and methods; managing and using textbooks, educational materials, teaching equipment, and children's toys.

3. Implementing admission regulations, managing and educating students, and implementing student benefits and policies.

4. Work on planning, recruitment, utilization, appointment, training, upgrading, evaluation, and implementing benefits and policies for teachers, educational management staff, and other employees.

5. Socialization of education work, managing additional teaching and learning.

6. Conditions ensuring educational quality; compliance with educational quality assessment regulations.

7. Implementing regulations on collecting, managing, and using tuition fees, and other financial resources.

8. Implementing other legal provisions on preschool, general, and continuing education.

Article 7. Specialized inspection of foreign-invested educational cooperation activities

1. For joint training programs

a) Issuance of permits for joint training activities;

b) Implementation of regulations on the form, subjects, scope, duration of joint training; admission, implementation of educational programs, issuance of diplomas and certificates; teacher standards; implementation of regulations on joint training conditions, educational quality assessment; implementation of regulations on procedures, authority for approval, extension, and termination of joint training activities.

2. For educational institutions with foreign investment capital

a) Implementation of regulations on procedures for establishing educational institutions, permission to operate educational activities; implementation of regulations on opening branch offices of educational institutions;

b) Implementation of regulations on material facilities, teaching staff, and other quality assurance conditions; admission, implementation of educational programs; educational quality assessment, issuance of diplomas and certificates.

3. For representative offices

a) Implementation of regulations on procedures for establishing representative offices, permission to conduct educational activities;

b) Implementation of regulations on functions, tasks, and duration of operation; implementation of regulations on conditions, procedures, authority for approval, extension, and termination of activities; implementation of rights and obligations of foreign education representative offices.

Article 8. Specialized inspection of other organizations and individuals participating in educational activities

1. Authority to establish organizations and permit educational activities for individuals and organizations participating in educational activities; contents of establishment decisions and permission to conduct educational activities; partners linking with individuals and organizations participating in educational activities (if any).

2. Implementation of regulations on infrastructure, teaching staff, and other quality assurance conditions.

3. Enrollment, implementation of educational programs, issuance of diplomas and certificates.

4. Information disclosure and reporting on educational activities to competent authorities.

Chapter III

SPECIALIZED INSPECTION ACTIVITIES

Article 9. Inspection authority and objects

1. Ministry Inspectorate: Conduct specialized inspections of departments of education and training; universities; academies, university institutes, research institutes, vocational colleges, other educational institutions; domestic or foreign agencies, organizations, and individuals participating in educational activities in Vietnam.

2. Department Inspectorate: Conduct specialized inspections of district education and training offices, preschool education institutions, general education institutions, continuing education institutions, special schools; universities, academies, research institutes, vocational colleges (excluding public higher education institutions and vocational colleges of ministries and agencies equivalent to ministries located on the territory) according to the division of state management over education; domestic or foreign agencies, organizations, and individuals participating in educational activities in the locality.

Article 10. Authority to issue inspection decisions, establish inspection teams, and assign inspectors to conduct independent inspections

1. The Minister of the Ministry of Education and Training, the Director of the provincial education and training department issues inspection decisions and establishes inspection teams according to plans and unscheduled specialized inspections.

2. In necessary cases, the Minister of the Ministry of Education and Training, the Director of the provincial education and training department issues inspection decisions and establishes inspection teams.

3. The Minister of the Ministry of Education and Training, the Director of the provincial education and training department assigns inspectors within their jurisdiction to conduct independent specialized inspections.

4. The content of the inspection decision as prescribed in Clause 1, Article 52 of the Inspection Law. The content of the decision assigning inspectors to independently conduct inspections as prescribed in Article 29 of Decree No. 07/2012/NĐ-CP.

Based on specific management situations and requirements, the person making the inspection decision may select some of the contents specified in Chapter II of this Circular to decide on inspections of one object or choose one content for specialized inspections of different objects.

Article 11. Organization, tasks, and powers of the inspection team

1. A specialized inspection team consists of a head of the inspection team and members; members of the inspection team include: inspectors, civil servants of the inspection agency, and inspection collaborators; in case of necessity, there may be a deputy head of the inspection team.

3. The specialized inspection team is established to conduct inspections within the scope, objects, contents, tasks, and time limits specified in the inspection decision.

4. The Head of the Inspection Team shall perform duties and exercise powers as prescribed in Article 53 of the Inspection Law and shall be liable under the law and to the person who issued the inspection decision for the performance of the inspection tasks.

The inspection team leader may use the seal of the leading agency conducting the inspection to issue documents of the inspection team.

5. Members of the inspection team, inspectors have tasks and powers as stipulated in Article 54 of the Inspection Law.

Article 12. Activities of independent inspection conducted by inspectors

The time limit for independent specialized inspections is stipulated in Article 30; the duties and powers of Inspectors conducting independent inspections are prescribed in Article 31; reporting on the results of independent specialized inspections is prescribed in Article 32 of Decree No. 07/2012/NĐ-CP.

Article 13. Procedures and formalities for conducting inspections

The construction and approval of the inspection plan by the Inspection Team; dissemination of the inspection plan; drafting the outline requesting the inspected entity to report; notification of the issuance of the specialized inspection decision; issuance of the inspection decision; collection of information and documents, assessment of compliance with policies and laws; reporting on the progress of inspection tasks; reporting on inspection results; drafting the inspection conclusion; issuing the inspection conclusion; publicizing the inspection conclusion shall be carried out in accordance with the provisions from Article 18 to Article 28 of Decree No. 07/2012/NĐ-CP.

Chapter IV

RESPONSIBILITIES OF THE AGENCIES AND UNITS CONCERNED

Article 14. Responsibilities of the Inspectorate under the Ministry of Education and Training

1. Building the annual inspection plan and budgeting for inspection activities to submit to the Minister for approval.

2. Proposing the Minister to recognize inspection associates belonging to the Ministry; guiding specialized inspection tasks; summoning inspection associates.

3. Conducting inspections, handling or proposing handling violations by organizations and individuals within their authority; post-inspection handling.

4. Implementing the reporting system on inspection work as prescribed.

Article 15. Responsibilities of the Department of Education and Training's Inspectorate

1. Building the annual inspection plan and budgeting for inspection activities to submit to the Department Director for approval.

2. Proposing the Department Director to recognize inspection associates within their authority; organizing training on specialized inspection work and internal audit work; summoning inspection associates.

3. Conducting inspections, handling or proposing handling violations by organizations and individuals within their authority; post-inspection handling.

4. Implementing the reporting system on inspection work as prescribed.

Article 16. Responsibilities of the Education and Training Division

1. Cooperating with the Department Inspectorate to build and implement the annual specialized inspection plan for educational institutions in the area.

2. Introducing management staff and teachers under the Education and Training Division's management to the Department of Education and Training for recognition and summoning as inspection associates.

3. Building plans and organizing checks on the implementation of assigned tasks; guiding internal audit work.

4. Directing, supervising the implementation of requirements and recommendations of the inspection team, inspection conclusions, and post-inspection handling decisions of competent state agencies.

Article 17. Responsibilities of educational institutions

1. Universities and vocational colleges shall develop plans and organize internal inspections; implement reporting systems on internal inspection work as prescribed.

Early childhood education institutions, general education schools, and continuing education institutions shall develop plans and organize internal audits; implement reporting systems on internal audit work as prescribed.

2. Provide timely, complete, and accurate information and documents as requested by the inspection team and bear legal responsibility for the accuracy and truthfulness of the provided information and documents.

3. Implement requests, recommendations of the inspection team, inspection conclusions, and post-inspection handling decisions made by competent state agencies.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular takes effect from January 18, 2014.

2. Repeal Circular No. 43/2006/TT-BGDĐT dated October 20, 2006 of the Minister of Education and Training on Guidelines for Comprehensive School Inspections and Other Educational Institutions and Teacher Activities Inspections.

Article 19. Responsibility for Implementation

The Director of the Office, the Chief Inspector, the Heads of Units under the Ministry of Education and Training; the Chairpersons of Provincial People's Committees and Municipal People's Committees directly under the Central Government; the Directors of Departments of Education and Training; the Presidents of Universities and Academies; the Directors of Research Institutes authorized to train doctoral candidates; the Principals of Universities, Colleges, and Technical Secondary Schools, and the Heads of relevant agencies and units are responsible for implementing this Circular./.