Circular No. 40/2010/TT-BGDĐT on Amending and Supplementing Certain Articles of the Regulation on the Organization and Operation of Community Learning Centers at Communes, Towns, and Urban Districts issued together with Decision No. 09/2008/QD-BGDĐT dated March 24, 2008, by the Minister of Education and Training.

CIRCULAR 

Regarding amending and supplementing certain articles of the Regulation on the organization and operation of community learning centers at communes, wards, and towns issued together with Decision No. 09/2008/QĐ-BGDĐT dated March 24, 2008 of the Minister of Education and TrainingThe Minister of Education and Training

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 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. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

On the basis of Decree No. 115/2010/NĐ-CP dated December 24, 2010 of the Government stipulating responsibilities for state management of education;

At the proposal of the Director of the Department of Continuing Education,

The Minister of Education and Training hereby decides:

Article 1. To amend and supplement certain articles of the Regulation on the organization and operation of community learning centers at communes, wards, and towns issued together with Decision No. 09/2008/QĐ-BGDĐT dated March 24, 2008 of the Minister of Education and Training as follows:

1. Supplement Clause 3 of Article 11 as follows:

"3. Based on actual needs and local teacher resources, the Department of Education and Training shall consider and decide on the deployment of primary school or junior high school teachers to work at community learning centers after consulting the People's Committee of the commune and obtaining the consent of the People's Committee of the district."

2. Supplement Clause 4 of Article 11 as follows:

"4. Duties, rights, and responsibilities of teachers assigned to work at community learning centers:

a) Teachers assigned to work at community learning centers must have good moral character and professional competence;

b) Teachers assigned to work at community learning centers have the following duties and powers: participate in teaching, evaluate the quality of regular educational activities at community learning centers; assist the director in planning the center’s activities, creating schedules, reporting on the center’s operations; manage and update records according to regulations; conduct surveys to determine community learning needs, organize reviews and store local educational materials within the center; comply with the director's assignments and be directly managed by the educational administration authority;

c) Rights of teachers assigned to work at community learning centers include receiving salary, allowances, and other benefits as prescribed by law (if applicable) from the unit they are dispatched from; attending professional training courses and enjoying rewards as stipulated by current state regulations."

3. Clause 1 of Article 18 is amended and supplemented as follows:

"1. Learners who complete the Literacy Program and continue education after becoming literate, if meeting the conditions set forth by the Minister of Education and Training, shall have their study results confirmed by the Director of the community learning center according to the regulations of the Ministry of Education and Training."

4. Clause 4 of Article 22 is amended and supplemented as follows:

"4. State budget support for community learning centers shall be managed and utilized according to Circular No. 96/2008/TT-BTC dated October 27, 2008 of the Ministry of Finance regarding support for state budget funds for community learning centers."

5. Supplementing Clause 3 of Article 23 as follows:

"3. Advise the People's Councils, People's Committees of provinces and centrally-administered cities to assign the finance department to take the lead in coordinating with the education and training departments and the civil service departments to develop standards for supporting financial resources from the state budget for initial equipment purchases, operational funding, and additional allowances for staff involved in managing community learning centers, in accordance with regulations, and submit these to the provincial People's Committee for decision."

6. Article 25 shall be amended and supplemented as follows:

"Article 25. Responsibilities of the Department of Education and Training

a) Advise the Party Committee and government at the district level on policies and measures to develop community learning centers; take the lead in coordinating with relevant departments, mass organizations, and units in the district to draft annual plans for approval by the People's Committee at the district level to provide resources and opportunities for lifelong learning for all citizens, thereby facilitating effective operations of community learning centers and contributing to achieving economic, cultural, and social development goals of the locality;

b) Direct the content and forms of activities of community learning centers; provide human resources; dispatch teachers to participate in management and teaching at community learning centers;

c) Organize professional training for managers and teachers; inspect and evaluate the performance of community learning centers;

d) Report regularly to the People's Committee at the district level and the Department of Education and Training about the management and operations of community learning centers in the area."

2. Judicial forensic examiners and participants in forensic appraisal belonging to public forensic appraisal organizations in the field of forensic medicine under the health sector shall enjoy the allowance system for permanent duty."

"Article 26. Responsibilities of educational institutions

1. The county-level Center for Continuing Education shall proactively coordinate with the Department of Education and Training in monitoring regular education activities; providing professional training for managers and teachers of community learning centers; participating in teaching, collecting, and organizing the compilation of educational materials for community learning centers.

2. Primary and secondary schools in the area shall be responsible for advising and guiding on professional matters, dispatching teachers to teach the Literacy Program and continuing education after literacy."

Article 2. This Circular takes effect from February 15, 2011; all previous provisions contrary to this Circular are abolished.

Article 3. The Heads of the Office, Directors of the Department of Continuing Education, Heads of related units under the Ministry of Education and Training; Chairmen of the People's Committees of provinces and centrally-administered cities; Directors of provincial Departments of Education and Training, Directors of community learning centers are responsible for implementing this Circular.