Circular No. 41/2010/TT-BGDĐT Issuing the Primary School Charter

CIRCULAR

Issuing the Primary School Charter

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Pursuant to the Education Law on June 14, 2005; the Law Amending and Supplementing Certain Articles of the Education Law on November 25, 2009;

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;

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

Pursuant to the proposal of the Director of the Primary Education Department,

The Minister of Education and Training decides:

Article 1. This Circular issues the Primary School Charter.

Article 2. This Circular takes effect from February 15, 2011. This Circular replaces Decision No. 51/2007/QĐ-BGDĐT dated August 31, 2007 of the Minister of Education and Training issuing the Primary School Charter. All previous regulations that conflict with this Circular are hereby abolished.

Article 3. The Director of the Office, the Head of the Department of Primary Education, the heads of units under the Ministry of Education and Training related to this matter, the Chairmen of Provincial People's Committees under the central government, and the Directors of Departments of Education and Training are responsible for implementing this Circular.

CHARTER

PRIMARY SCHOOL

(Issued together with Circular No. 41/2010/TT-BGDĐT dated December 30, 2010 of the Minister of Education and Training)

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Charter regulates the organization and operation of primary schools including: organization and management of the school; educational programs and educational activities; teachers; students; school property; the school, family, and society.

Article 2. This Charter applies to primary schools; primary classes in general education schools with multiple levels and specialized schools; other educational institutions implementing the primary education program; organizations and individuals participating in primary education activities.

Article 3. Position of primary schools in the national education system

Primary schools are general education institutions in the national education system, possessing legal personality, separate bank accounts, and seals.

Article 4. Tasks and powers of primary schools

Clause 1. Organizing teaching, learning, and educational activities to achieve quality according to the primary education program issued by the Minister of Education and Training.

Clause 2. Mobilizing children of appropriate age to attend school, encouraging disabled children and those who have dropped out to return to school, implementing universal primary education and combating illiteracy in the community. Accepting sponsorship and assisting competent authorities in managing educational activities of other educational institutions implementing the primary education program as assigned by the competent authority. Organizing inspections and recognizing completion of the primary education program for students in the school and children in the assigned area.

Clause 3. Building and developing the school in accordance with the regulations of the Ministry of Education and Training and the local education development mission.

Clause 4. Implementing educational quality assessment.

Clause 5. Managing staff, teachers, employees, and students.

Clause 6. Managing and using land, infrastructure, equipment, and finance in accordance with the law.

Clause 7. Cooperating with families, organizations, and individuals in the community to implement educational activities.

Clause 8. Organizing for managers, teachers, employees, and students to participate in social activities in the community.

9. Performing other tasks and authorities as prescribed by law.

Article 5. Primary schools, primary classes in general education schools with multiple levels and specialized schools, and other educational institutions implementing the primary education program

Clause 1. Primary schools are organized into two types: public and private.

Point a) Public primary schools are established by the State, which invests in building physical facilities and ensures funding for regular expenses.

Point b) Private primary schools are established by social organizations, social-professional organizations, economic organizations, or individuals, who invest in building physical facilities and ensure operational funding through non-state budget sources.

Clause 2. Primary classes in general education schools with multiple levels, specialized schools include:

Point a) Primary classes in general education schools with multiple levels;

Point b) Primary classes in boarding schools for ethnic minorities;

Point c) Primary classes in schools for children with disabilities;

Point d) Primary classes in correctional schools, community learning centers, and primary classes in teacher training schools.

Clause 3. Other educational institutions implementing the primary education program include: classes for children in difficult circumstances, classes for disabled children who cannot attend regular schools.

Article 5. School Name and School Signboard

1. The school name shall be specified as follows: primary school and the specific name of the school. The school name shall be recorded on the decision establishing the school, seal, signboard, and transaction documents.

2. School signboard:

a) Upper left corner:

- First line: People's Committee of the district (city district, town, provincial city) and the name of the district (city district, town, provincial city);

- Second line: Department of Education and Training.

b) Center: record the school name as prescribed in Clause 1 of this Article;

c) Finally: record the address and telephone number of the school.

3. For specialized schools with their own organizational and operational regulations, the school name and signboard shall be implemented according to the organizational and operational regulations of that type of specialized school.

Article 6. Management Levels

1. Primary schools are managed by the People's Committee of the district, city district, town, or provincial city (hereinafter referred to collectively as the district level).

2. Primary classes and other educational institutions implementing the primary education program as stipulated in Clauses 2 and 3 of Article 4 of this Charter are managed by the competent authority that established them.

3. The Department of Education and Training performs state management functions for all types of primary schools and other educational institutions implementing the primary education program within its jurisdiction.

Article 7. Organization and Activities of Inclusive Education for Students with Disabilities in Primary Schools

The organization and activities of inclusive education for students with disabilities in primary schools shall be carried out in accordance with the Law on Persons with Disabilities, guiding documents for the implementation of the Law on Persons with Disabilities, the provisions of this Charter, and the Regulations on Inclusive Education for Persons with Disabilities issued by the Minister of Education and Training.

Article 8. Organization and Activities of Boarding Primary Schools for Ethnic Minorities, Primary Classes in Secondary Schools with Multiple Levels, and Specialized Schools

1. The organization and activities of boarding primary schools for ethnic minorities shall comply with the provisions of this Charter and the Regulations on the Organization and Activities of Boarding Secondary Schools for Ethnic Minorities.

2. The organization and activities of primary classes in secondary schools with multiple levels shall comply with the provisions of this Charter and the Charter of Junior High Schools, Senior High Schools, and Secondary Schools with Multiple Levels.

3. The organization and activities of primary classes in specialized schools shall comply with the provisions of this Charter and the Regulations on the Organization and Activities of Specialized Schools.

Chapter II ORGANIZATION AND SCHOOL MANAGEMENT

Article 9. Conditions for Establishing Primary Schools and Conditions for Being Permitted to Operate Educational Activities

1. A primary school may be established when it meets the following conditions:

a) There is a project to establish the school that is consistent with the planning of the educational institution network, meeting the requirements of economic and social development of the locality, facilitating children's access to school to ensure the implementation of universal primary education;

b) The project to establish the school clearly defines the objectives, tasks, strategic direction for building and developing the school; the curriculum and content of education; land, facilities, equipment, and proposed location for constructing the school; organizational structure, resources, and finance.

2. A school may operate educational activities when it meets the following conditions:

a) There is a decision to establish or a decision to permit establishment of the school;

b) The location for constructing the school ensures an educational environment safe for learners, teachers, and workers;

c) It has land, school premises, facilities, and equipment that meet the requirements for educational activities;

d) It has teaching and learning materials in compliance with the grade level as prescribed;

e) It has a teaching staff and management cadre that meet the standards, sufficient in quantity, and structurally sound to implement the educational curriculum and organize educational activities;

g) It has adequate financial resources as prescribed to ensure the maintenance and development of educational activities;

h) It has regulations on the organization and activities of the school.

3. Within the permitted time limit, if the school meets the conditions stipulated in Clause 2 of this Article, it will be permitted by the competent authority to operate educational activities; at the end of the permitted time limit, if the conditions are not met, the decision to establish or permit establishment will be revoked.

Article 10. Competence to establish or permit establishment; allow educational operation; suspend educational operation; merge, divide, or dissolve primary schools

1. The Chairman of the People's Committee at the district level decides on the establishment, merger, division, or dissolution of public primary schools and permits the establishment, merger, division, or dissolution of private primary schools.

2. The Director of the Education and Training Department decides to allow educational operations and to suspend educational operations for primary schools.

Article 11. Documents and procedures for establishing or permitting establishment; allowing educational operations for primary schools

1. The documents for requesting establishment or permission to establish a school include:

a) A proposal for establishing the school;

b) A report on the proposal for establishing the school, along with a draft Charter or Operating Regulations of the school;

c) A brief curriculum vitae accompanied by a certified copy of valid certificates of the person expected to serve as Principal;

d) Written opinions of relevant agencies regarding the establishment of the school;

e) A report explaining the incorporation of opinions from relevant agencies and supplementary reports according to the guidance of the People's Committee at the district level (if applicable).

2. Procedures for establishing a school:

a) The People's Committee of communes, wards, towns (hereinafter referred to collectively as commune level) for public primary schools, organizations or individuals for private primary schools shall be responsible for preparing the documents in accordance with Clause 1 of this Article;

b) The Education and Training Department receives the documents, examines the conditions for establishing the school as stipulated in Clause 1 of Article 9 of the Charter. Within twenty working days from the date of receiving complete and valid documents, if the conditions are met, the Education and Training Department provides a written opinion and forwards the request for establishment of the school to the People's Committee at the district level;

c) The People's Committee at the district level receives the documents, examines the conditions for establishing the school as stipulated in Clause 1 of Article 9 of the Charter. Within twenty working days from the date of receiving complete and valid documents, the People's Committee at the district level decides to establish the public school or permits the establishment of the private school; in cases where it does not decide to establish the school or permit its establishment, the People's Committee at the district level issues a written notice to the Education and Training Department detailing the reasons and solutions.

3. Documents for requesting permission for the school to conduct educational activities:

a) A report requesting permission to conduct educational activities;

b) Decision on establishment or permission to establish the school;

c) Evaluation documents from relevant agencies regarding the conditions specified in Clause 2 of Article 9 of the Charter.

4. Procedures for granting permission for the school to conduct educational activities:

a) Public primary schools, organizations or individuals for private primary schools shall be responsible for preparing the documents for requesting permission to conduct educational activities in accordance with Clause 3 of this Article;

b) The Education and Training Department receives the documents, examines the conditions for granting permission to conduct educational activities as stipulated in Article 9 of the Charter. Within twenty working days from the date of receiving complete and valid documents, the Education and Training Department decides to grant permission for the school to organize educational activities; in cases where it does not decide to grant permission for educational activities, the Education and Training Department issues a written notice to the school detailing the reasons and solutions.

Article 12. Merger, Division, and Separation of Primary Schools

1. The merger, division, and separation of primary schools must ensure the following requirements:

a) In the interest of students' learning benefits;

b) Consistent with the planning of the education facility network;

c) Meeting the requirements for socio-economic development;

d) Ensuring the interests of management staff, teachers, and employees;

e) Contributing to improving the quality and effectiveness of primary education.

2. The procedures, files, and formalities for merging, dividing, and separating primary schools to establish new primary schools shall be carried out in accordance with the provisions of Article 11 of this Charter.

Article 13. Suspension of Primary Education Activities

1. A primary school or educational facility conducting primary education activities shall have its primary education activities suspended when any of the following situations occur:

a) Engaging in fraudulent behavior to obtain permission to conduct educational activities;

b) Failing to meet one of the conditions stipulated in Clause 2 of Article 9 of this Charter and failing to ensure normal operating conditions for primary education;

c) The person granting permission to conduct educational activities does so without proper authority;

d) Not implementing educational activities within the time limit specified for permission from the date of commencement of educational activities;

e) Violating laws on education and being subject to administrative penalties that require suspension;

g) Other violations as prescribed by law.

2. The decision to suspend educational activities for primary schools or educational facilities conducting primary education activities must clearly state the reasons for suspension, the duration of suspension, and measures to ensure the rights of students, management staff reason , teachers, and employees. The suspension decision must be publicly announced.3. Procedures and formalities for suspending primary education activities or allowing primary education activities to resume:

a) When primary schools or educational facilities conducting primary education activities violate the provisions of Clause 1 of this Article, the Department of Education and Training shall organize inspections and evaluations of the extent of the violation;

b) The Director of the Department of Education and Training, based on the extent of the violation, decides to suspend primary education activities and reports to the People's Committee at the district level;

c) After the suspension period, if the suspended entity has rectified the causes leading to the suspension and submitted a file requesting resumption of activities, the Director of the Department of Education and Training shall decide to allow primary education activities to resume. If resumption of activities is not permitted, the Director of the Department of Education and Training shall issue a written notice to the school explaining the reasons and solutions;

d) The file requesting resumption of educational activities shall be implemented in accordance with the provisions of Clause 3 of Article 11 of this Charter.

Article 14. Dissolution of Primary Schools

1. A primary school shall be dissolved when any of the following situations occur:

a) Seriously violating regulations on the management, organization, and operation of primary schools, seriously affecting the quality of education;

b) Exceeding the suspension period without rectifying the causes leading to the suspension;

c) The objectives and content of activities recorded in the establishment decision or permission to establish a primary school are no longer suitable for socio-economic development requirements;

d) At the request of the organization or individual establishing the primary school.

2. The dissolution decision must clearly state the reasons for dissolution and measures to ensure the rights of students, management staff

, teachers, and employees. The decision to dissolve a primary school must be publicly announced. 3. Procedures and formalities for dissolving primary schools and other educational facilities:a) The Department of Education and Training shall inspect and evaluate the extent of violations according to point a, point b, and point c of Clause 1 of this Article, or consider requests for dissolution from organizations or individuals establishing primary schools; submit a written report recommending the People's Committee at the district level to make a dissolution decision;

b) The People's Committee at the district level, based on the recommendation of the Director of the Department of Education and Training, shall make a dissolution decision within twenty working days from the date of receipt of all necessary documents.

a) The Department of Education and Training shall assess the level of violation according to the provisions set out in points a, b, and c of Clause 1 of this Article, or consider the proposal to dissolve the primary school from the organization or individual that established it; report in writing to the People's Committee at the district level to issue a decision to dissolve;

b) The People's Committee at the district level shall base on the proposal of the Director of the Department of Education and Training to issue a decision to dissolve within twenty working days from the date of receiving all necessary documents.

Article 15. Documents for suspending educational activities; merging, dividing, splitting, and dissolving primary schools

1. Documents for suspending educational activities:

a) To decide on the establishment of inspection teams;

b) Inspection records;

2. Documents for merging, dividing, and splitting:

a) Proposals on merging, dividing, and splitting;

b) Petitions regarding proposals on merging, dividing, and splitting;

c) Documents confirming financial status, assets, land, loans, debts, and other related issues;

d) Written opinions of relevant agencies.

3. Documents for dissolution:

a) For primary schools dissolved under points a and d, Clause 1, Article 14 of this Charter, the documents include:

- Petitions to dissolve from organizations or individuals, or evidence of violations under point a, Clause 1, Article 14 of this Charter;

- Decisions establishing inspection teams;

- Inspection records;

- Petitions requesting dissolution from the Department of Education and Training.

b) For primary schools dissolved under points b and c, Clause 1, Article 14 of this Charter, the documents include:

- Documents for suspending educational activities;

- Documents regarding the inability to rectify causes leading to suspension of educational activities.

- Petitions requesting dissolution from the Department of Education and Training.

Article 16. Conditions and procedures for registering to establish other educational institutions implementing the primary education program

1. Organizations and individuals registering to establish other educational institutions implementing the primary education program shall be permitted to establish such institutions by competent authorities when they meet the following conditions:

a) Supporting the universalization of primary education in the locality;

b) Being sponsored by a primary school and assisting the competent authority managing educational activities as stipulated in Articles 27, 28, 29, 30, and 31 of this Charter; c) Having teachers meeting the standards prescribed in Article 36 of this Charter;

d) Having classrooms in accordance with the provisions of Article 46 of this Charter.

2. Procedures for registering to establish other educational institutions implementing the primary education program:

a) Organizations and individuals submit registration documents to the People's Committee at the commune level, including: petitions to establish other educational institutions implementing the primary education program along with copies of valid certificates of the person expected to manage the educational institution, and letters of sponsorship from a primary school within the same district;

b) The Chairman of the People's Committee at the commune level receives the documents, reviews them, and issues a written permit for establishing other educational institutions implementing the primary education program. The decision to permit or not permit establishment must be communicated in writing within twenty working days from the date of receipt of complete and valid documents.

Article 17. Classes, student groups, grade levels, branch schools

1. Students are organized into classes. Each class has a class president, one or two vice-presidents elected by the students or appointed by the class teacher on a rotating basis during the academic year.

Each class may have up to thirty-five students. Each class has a class teacher responsible for teaching one or more subjects. The staffing of a class teacher is regulated by current state regulations.

In particularly difficult areas, combined classes can be formed to facilitate students' attendance. The number of students and the number of grade levels in a combined class should match the teaching capacity of the teacher and local conditions.

2. Each class is divided into student groups. Each group has a group leader and a deputy group leader elected by the students in the group or appointed by the class teacher on a rotating basis during the academic year.

3. Classes of the same grade level are grouped together to coordinate common activities.

4. Depending on local conditions, primary schools may have additional branch schools in different areas to facilitate children's access to school. The Principal assigns an Assistant Principal or a class teacher to oversee the branch school.

4. Depending on local conditions, a primary school may have additional branch schools in different areas for the convenience of children attending school. The Principal shall assign an Assistant Principal or a class teacher to be responsible for the branch school.

Article 18. Professional Group

1. The professional group consists of teachers, library staff, and educational equipment personnel. Each group must have at least three members. The professional group has a head, and if there are seven or more members, it will also have a deputy head.

2. Tasks of the professional group:

a) Develop the group's activity plan on a weekly, monthly, and yearly basis to implement the curriculum, teaching plans, and educational activities;

b) Carry out professional training, inspection, and evaluation of teaching quality and effectiveness, as well as management and utilization of books and equipment for group members according to the school's plan;

c) Participate in evaluating and classifying teachers according to the Elementary School Teacher Competency Standards and recommend the group head and deputy head.

3. The professional group conducts regular meetings every two weeks and other meetings as needed.

Article 19. Administrative Office Group

1. Each elementary school has an administrative office group consisting of health staff, clerical staff, accountants, treasurers, and other personnel. The administrative office group has a head and a deputy head.

2. Tasks of the administrative office group:

a) Develop the group's activity plan on a weekly, monthly, and yearly basis to serve the implementation of the curriculum, teaching plans, and educational activities of the school;

b) Assist the principal in managing financial and property affairs within the school and accounting and statistical reporting according to prescribed regulations;

c) Conduct professional training, inspection, and evaluation of work quality and effectiveness for group members according to the school's plan;

d) Participate in evaluating and classifying staff and recommending the group head and deputy head;

e) Maintain school records.

3. The administrative office group conducts regular meetings every two weeks and other meetings as needed.

Article 20. Principal

1. The principal of an elementary school is responsible for organizing and managing all activities and educational quality of the school. The principal of a public elementary school is appointed by the Director of the Department of Education and Training, while the principal of a private elementary school is recognized according to the appointment or recognition process of the competent authority.

2. The person appointed or recognized as the principal of an elementary school must meet the principal standards for elementary schools.

3. The term of office for an elementary school principal is five years. After five years, the principal is evaluated and may be reappointed or re-recognized. For public elementary schools, the principal can manage no more than two terms. One principal can only be assigned to manage one elementary school. one primary school.

4. At the end of each academic year and each term of service, the principal of an elementary school is evaluated by school officials, teachers, and the competent authority regarding their management of school activities and educational quality.

5. Duties and powers of the principal:

a) Develop the school development plan; establish and implement teaching and education plans; report and evaluate the results before the School Council and relevant authorities;

b) Establish professional groups, administrative office groups, and advisory councils within the school; appoint group heads and deputies;

c) Assign tasks, manage, evaluate, and classify; participate in the recruitment and transfer processes; reward and discipline teachers and staff according to regulations;

d) Manage administrative affairs; effectively manage and utilize the school's financial resources and assets; administrative tasks; manage and use effectively the financial resources and assets of the school;

e) Manage students and organize educational activities of the school; accept and introduce students transferring between schools; decide on rewards and disciplinary actions, approve assessment results, classification lists, promotion, and retention of students; organize examinations and confirm completion of the elementary school program for students in the school and other subjects within the school's jurisdiction;

g) Attend political, professional, and management training classes; participate in teaching an average of two periods per week; enjoy stipends and preferential policies according to regulations;

h) Implement grassroots democratic regulations and create conditions for political and social organizations within the school to operate to enhance educational quality;

i) Promote socialization in education, coordinate with organizations to mobilize social forces to participate in educational activities, and play a role in the community.

Article 21. Deputy Principal

1. The Deputy Principal assists the Principal and is responsible to the Principal. For public primary schools, the Deputy Principal is appointed by the Director of Education and Training, while for private primary schools, the Deputy Principal is recognized according to the appointment or recognition procedures of the competent authority. Each public primary school shall have from one to two Deputy Principals, with additional appointments possible in special cases.

2. Individuals appointed or recognized as Deputy Principals of primary schools must meet the high standards of the primary school teacher profession and possess the capacity to undertake tasks assigned by the Principal.

3. Duties and powers of the Deputy Principal:

a) Be responsible for managing tasks assigned by the Principal;

b) Manage the school's activities when authorized by the Principal;

c) Attend political, professional, and management training classes; teach an average of four periods per week; and enjoy stipends and preferential policies as prescribed.

Article 22. Head of the Ho Chi Minh Pioneer Team

1. The Head of the Ho Chi Minh Pioneer Team (hereinafter referred to as the Head of the Team) is a primary school teacher who has been trained in Ho Chi Minh Pioneer Team work and Young Scouts work.

2. The Head of the Team is responsible for organizing and managing the activities of the Ho Chi Minh Pioneer Team and Young Scouts at the school, as well as extracurricular educational activities.

3. Each primary school shall have one Head of the Team appointed by the Director of Education and Training upon the recommendation of the Primary School Principal.

Article 23. School Council

1. The School Council for public primary schools and the Board of Management for private primary schools (hereinafter collectively referred to as the School Council) is an organization responsible for deciding on the direction of the school's operations, mobilizing and supervising the use of resources allocated to the school, connecting the school with the community and society, and ensuring the implementation of educational goals.

2. Structure of the School Council:

a) For public primary schools:

The School Council includes representatives of the Communist Party of Vietnam, the Principal and Deputy Principal, representatives of the Trade Union, the Youth Union, the Head of the Team, representatives of specialized departments, and representatives of the administrative office.

The School Council has a chairman, secretary, and other members. The number of members of the School Council ranges from seven to eleven people;

b) For private primary schools:

- Private primary schools with a Board of Management: The Board of Management is the School Council, or the Board of Management may propose the establishment of an expanded School Council;

- Private primary schools without a Board of Management: The investor proposes the establishment and participates in the School Council.

3. Duties and powers of the School Council of public primary schools:

a) Decide on the objectives, strategies, projects, and development plans of the school for each phase and academic year;

b) Decide on the charter or amendments to the charter governing the organization and operation of the school to be submitted to the competent authority for approval;

c) Decide on the policy for using the financial and property resources of the school;

d) Supervise the school's activities; supervise the implementation of resolutions of the School Council and democratic regulations in the school's activities.

4. Activities of the School Council of public primary schools:

The School Council convenes regular meetings at least three times a year. In necessary cases, when the Principal or at least one-third of the School Council members request, the Chairman of the School Council has the right to convene extraordinary meetings to address issues arising during the execution of the school's duties and powers. The Chairman of the School Council may invite representatives of local authorities and organizations to attend the School Council meeting when necessary.

A School Council meeting is considered valid if at least three-quarters of the members are present (including the Chairman). Resolutions of the School Council are adopted and become effective when at least two-thirds of the present members agree. Resolutions of the School Council are publicly announced.

The Principal of the school is responsible for implementing the resolutions or conclusions of the School Council regarding the contents specified in Clause 3 of this Article. If the Principal disagrees with the resolution of the School Council, they must promptly report and seek opinions from the higher education management authority. During the waiting period for the opinion of the competent authority, the Principal still must implement the resolution of the School Council for issues that do not conflict with current laws and this Charter. 5. Procedures for establishing the School Council of public primary schools:

Based on the organizational structure, duties, powers, and activities of the School Council, the Principal compiles a list of personnel recommended by the teaching staff and school organizations, prepares a proposal requesting the Director of Education and Training to issue a decision to establish the School Council. The Chairman of the School Council is elected by the members of the School Council; the Secretary is designated by the Chairman. The term of the School Council is five years; annually, if there are changes in personnel, the Principal prepares a document requesting the competent authority to issue a decision to supplement and improve the School Council.

6. Duties, powers, procedures for establishment, and activities of the School Council of private primary schools are implemented according to the Regulations on the Organization and Operation of Private Schools at various levels of general education.

6. The duties, powers, procedures for establishment and operation of the School Council for private primary schools shall be implemented in accordance with the Regulations on the organization and operation of private schools at various levels of general education.

Article 24. Competition Council and Advisory Councils

1. The Competition Council shall be established by the Principal at the beginning of each academic year. The Principal shall serve as the Chairman of the Competition Council. Members of the Council include: Deputy Principal, Secretary of the Communist Party of Vietnam Branch, Trade Union President, Secretary of the Ho Chi Minh Communist Youth Union, Head of the Ho Chi Minh Pioneer Team, class teachers, subject group leaders, and office group leaders.

The Competition Council assists the Principal in organizing competition movements and recommending lists for rewards to staff members, teachers, employees, and students of the school.

The Competition Council convenes at the end of each semester and at the end of the academic year.

2. The Principal may establish advisory councils to assist in specialized matters and management. The tasks, powers, composition, and operating periods of these advisory councils shall be determined by the Principal.

Article 25. Communist Party Organization and Mass Organizations in the School

1. The Communist Party organization in primary schools leads the school and operates within the framework of the Constitution and laws.

2. The Trade Union, Ho Chi Minh Communist Youth Union, Ho Chi Minh Pioneer Team, Ho Chi Minh Young Scout Team, and other social organizations operate in primary schools according to the provisions of the law to assist the school in achieving educational goals and principles.

Article 26. Financial and Asset Management

Financial and asset management of primary schools shall comply with legal regulations and current directives from the Ministry of Finance and the Ministry of Education and Training. All members of the school have the responsibility to maintain and protect the school's assets.

Chapter III EDUCATION PROGRAM AND EDUCATIONAL ACTIVITIES

Article 27. Education Program and Teaching Plan

1. Primary schools implement the education program and teaching plan issued by the Minister of Education and Training; they also follow the annual schedule as guided by the Ministry of Education and Training and adapted to specific local conditions.

2. Based on the education plan and the annual schedule, the school specifies educational activities and teaching activities, and develops a timetable suitable for the psychological and physiological age of students and local conditions.

The teaching and learning of ethnic minority languages and scripts shall be carried out in accordance with government regulations.

Students with disabilities who participate in inclusive education shall have flexible teaching plans tailored to their individual abilities and the Regulations on Inclusive Education for Persons with Disabilities.

Article 28. Textbooks and Reference Materials

1. Textbooks used in teaching and learning according to the general education program for primary level are prescribed by the Minister of Education and Training.

2. The school provides reference materials to support teaching and research activities of teachers; it encourages teachers to use reference materials to enhance educational quality. No organization or individual may compel students to purchase reference materials.

Article 29. Educational Activities

1. Educational activities encompass in-class and extracurricular educational activities aimed at moral training, ability development, talent nurturing, and assistance to underperforming students, taking into account the psychological and physiological characteristics of primary school students.

2. In-class educational activities are conducted through teaching compulsory and elective subjects in the general education program for primary level issued by the Minister of Education and Training.

3. Extracurricular educational activities include extra-curricular activities, recreational activities, physical exercise, sightseeing tours, cultural exchanges, environmental protection activities, public welfare labor, and other social activities.

Article 30. Documents serving educational activities in schools

1. For schools:

a) Register book;

b) Universal primary education register;

c) Record of examination and assessment results; educational file for students with disabilities (if any);

d) Student record books;

e) Resolution and work plan book;

g) Management book of staff, teachers, and employees;

h) Reward and disciplinary book;

i) Property and financial management book; k) Document and circular management book.

a) Lesson plans (prepared lessons); b) Record book of professional activities and class observations;

2. For teachers:

c) Class advisor record book (for teachers responsible for class advising);

d) Teamwork record book (for overall team leaders).

3. For subject teams: Record book of subject meeting contents.

Article 31. Evaluation and classification of students

1. Primary schools organize examinations, evaluations, and classifications of students during their learning and training process according to the Regulations on Evaluation and Classification of Primary School Students issued by the Minister of Education and Training; they also organize for teachers to hand over the quality of student education at the end of the school year to the teachers of the next grade.

2. Students who complete the primary school curriculum and meet the conditions stipulated by the Minister of Education and Training shall have their completion confirmed in the student record book by the Principal of the primary school.

3. For other educational institutions implementing the primary school curriculum, if students complete the primary school curriculum and meet the conditions stipulated by the Minister of Education and Training, the Principal of the primary school assigned responsibility to supervise such educational institutions shall confirm their completion in the student record book. For students who, due to difficult circumstances, cannot attend school and study at other institutions in the area or return from abroad, the Principal of the primary school where the examination is organized shall issue a certificate confirming the completion of the primary school curriculum.

Article 32. Preservation and Promotion of School Traditions

1. Primary schools shall have a tradition room to store materials and objects related to the establishment and development of the school to serve the task of educating traditions for teachers, staff, and students.

2. Primary schools select one day in the year as the school's traditional day.

Chapter IV TEACHERS

Article 33. Teachers

Teachers perform teaching and educational tasks for students in primary schools and other educational institutions implementing the primary education curriculum.

Article 34. Duties of Teachers

1. Teaching and educating to ensure quality according to the curriculum and teaching plan; preparing lessons, teaching classes, examining, evaluating, and classifying students; managing students in educational activities organized by the school; participating in professional activities; being responsible for the quality and effectiveness of teaching and education.

2. Cultivating morality, enhancing a sense of responsibility, maintaining the integrity, honor, and reputation of educators; setting a good example for students, loving them, treating them fairly and respecting their personalities; protecting their legitimate rights and interests; uniting and helping colleagues.

3. Studying and practicing to improve health, political level, professional skills, and innovative teaching methods.

4. Participating in universal primary education campaigns in the locality.

5. Fulfilling civic duties, legal provisions, and regulations of the sector, decisions of the Principal; accepting assignments from the Principal, and being subject to inspection and evaluation by the Principal and educational management levels.

6. Cooperating with the Ho Chi Minh Communist Youth Union, parents of students, and relevant social organizations to organize educational activities.

5. Fulfilling civic duties, complying with laws and regulations of the sector, and decisions of the Principal; accepting tasks assigned by the Principal, being subject to inspection and evaluation by the Principal and educational management levels.

6. Cooperating with the Ho Chi Minh Communist Youth Union, parents of students, and related social organizations to organize educational activities.

Article 35. Rights of Teachers

1. To be provided by the school with conditions to perform teaching and educational tasks for students.

2. To receive training to improve qualifications, professional development; to enjoy full salary, allowances, and other benefits as prescribed when assigned to study.

3. To receive salary and allowances for profession, seniority allowances, and other allowances as prescribed by the Government. To enjoy all material and spiritual benefits and to be cared for and protected in health according to the regulations and policies stipulated for teachers.

4. To have their dignity and reputation protected.

5. To exercise other rights as prescribed by law.

Article 36. Qualification Standards and Professional Standards of Teachers

1. The qualification standard for primary school teachers is to hold a secondary education diploma. The educational capacity of primary school teachers is evaluated based on the professional standards for primary school teachers.

2. Primary school teachers with higher qualifications and high educational capacity shall enjoy state policies and benefits as prescribed; they shall be provided with conditions to fully utilize their effectiveness in teaching and education. Primary school teachers who have not yet met the qualification standards shall be given conditions by the school and educational management agencies to study and reach the qualification standards to be appropriately assigned to work.

Article 37. Behavior, Language, and Dress Code of Teachers

1. The behavior and language of teachers must be exemplary and have an educational effect on students.

2. The dress code of teachers must be neat and appropriate for pedagogical activities.

Article 38. Behaviors that Teachers Shall Not Engage In

1. Insulting the honor and dignity, infringing upon the physical body of students and colleagues.

2. Distorting educational content; teaching incorrect content or knowledge; teaching contrary to the viewpoints and policies of education of the Party and the State of Vietnam.

3. Intentionally misrepresenting the academic and disciplinary results of students.

4. Compelling students to attend additional classes for profit.

5. Consuming alcohol or smoking cigarettes during educational activities at school, using mobile phones while teaching in class.

6. Skipping classes or arbitrarily cutting educational programs.

Article 39. Rewards and Handling Violations

1. Teachers with achievements shall be rewarded, conferred commendation titles, and other prestigious titles as prescribed.

2. Teachers who violate the provisions of this Charter shall be handled according to the nature and degree of violation as prescribed.

Chapter V STUDENTS

Article 40. Age of Elementary School Students

1. The age of elementary school students ranges from 6 to 14 years old (by year).

2. The age to enter first grade is 6 years old; children with disabilities, children in particularly difficult circumstances, and children returning from abroad may enter first grade between the ages of 7 to 9 years old.

3. Students with good physical condition and early intellectual development may skip grades within the level of education. The procedures for each specific case are carried out in the following steps:

a) Parents or guardians submit a request to the school.

b) The principal of the school establishes a survey and advisory board consisting of representatives of the school's management board and the parents' association; teachers of the current class of the student, teachers of the upper class, medical staff, and the head of the Youth Union.

c) Based on the survey results of the advisory board, the principal makes a decision.

4. Elementary school students returning from abroad and children of foreigners working in Vietnam are eligible to attend elementary schools in their place of residence or outside if those schools can accommodate them. Procedures are as follows:

a) Parents or guardians submit a request to the school.

b) The principal of the elementary school organizes a survey of the student's level and assigns them to an appropriate class.

5. Homeless students who have the opportunity to transfer to regular classes shall be surveyed by the principal of the elementary school to assign them to an appropriate class.

Article 41. Duties of Students

1. Fulfilling fully and effectively their study activities; complying with school regulations; attending classes regularly and on time; maintaining their textbooks and study materials.

2. Being filial to parents and grandparents; respecting and being courteous to teachers, staff, and elders; uniting, loving, and helping friends, persons with disabilities, and those in difficult circumstances.

3. Exercising physical fitness; maintaining personal hygiene.

4. Participating in collective activities inside and outside class hours; preserving and protecting public property; participating in environmental protection activities and implementing traffic safety regulations.

5. Contributing to the protection and promotion of the school's traditions and locality's customs.

Article 42. Rights of Students

1. Attending a school, class, or educational institution that implements the primary education program at their place of residence; choosing a school outside their place of residence if that school has the capacity to accept them.

2. Advancing to higher grades or repeating a grade; being confirmed to have completed the primary education program according to regulations.

3. Being protected, cared for, respected, and treated equally; ensuring conditions regarding time, facilities, hygiene, and safety for learning and training.

4. Participating in activities aimed at developing talents; being cared for and educated for integration (for students with disabilities) according to regulations.

5. Receiving scholarships and enjoying social policies according to regulations.

6. Enjoying other rights as prescribed by law.

Article 43. Behaviors Prohibited for Students

1. Being rude, insulting the dignity and honor of others, and infringing upon others' bodies.

2. Cheating in studies and examinations.

3. Disrupting security and order within the school and public places.

Article 44. Rewards and Discipline

1. Students who achieve success in studies and training shall be rewarded by the school and educational management levels in the following forms:

a) Praise before the class;

b) Awarding titles such as outstanding student and progressive student; rewarding students who achieve good results at the end of the academic year in subjects or other educational activities;

c) Other forms of rewards.

2. For students who violate during the process of studying and training, depending on the degree of violation, the following measures may be taken:

a) Reminding and criticizing;

b) Notifying the family.

Chapter VI SCHOOL ASSETS

Article 45. School

1. The location of the school must meet the following requirements:

a) Consistent with the local education development plan;

b) The distance from the school to the students' homes: for urban areas, towns, industrial zones, and resettlement areas not exceeding 500 meters; for suburban and rural areas not exceeding 1 kilometer; for areas with special difficulties in economic and social conditions not exceeding 2 kilometers;

c) The surrounding environment should not have negative impacts on education, teaching, learning, and the safety of teachers and students.

2. The construction area of the school is determined based on the number of classes, students, and regional characteristics, with a minimum average of 10 square meters per student in rural and mountainous areas; 6 square meters per student in urban and town areas. For schools operating two sessions per day, additional space is provided to serve comprehensive educational activities. The design model of primary schools is implemented for each region according to the regulations of the Ministry of Education and Training.

3. The school premises must have protective fencing (walls or green fences) at least 1.5 meters high. The school gate and protective fencing must ensure safety and aesthetics. At the main entrance of the school, there must be a clear, elegant, and easily readable sign indicating the school name according to the content stipulated in Clause 2 of Article 5 of this Charter. In addition to common slogans, each school can choose educational slogans suitable for specific requirements of the school each academic year.

4. Structure of building complexes

a) Classroom block: the number of classrooms built corresponds to the number of classes in the school and ensures that each class has its own classroom;

b) Educational support facilities block:

- Physical education room or multi-purpose hall;

- Art room;

- Foreign language room;

- Computer room;

- Room for supporting education for students with disabilities (if applicable);

- Library;

- Educational equipment room;

- Traditional activity room and team activity room.

c) Administrative and management block:

- Principal's office, Deputy Principal's office;

- Meeting room, teacher's lounge;

- Office;

- School health room;

- Reception room and guardhouse near the school gate.

d) Dining and accommodation area ensuring health conditions for boarding students (if applicable);

e) Playground and sports field area accounting for at least 30% of the school's total land area. The playground must be flat, equipped with play equipment and movement devices for students and shade trees. The sports field must be suitable and safe for students;

g) Separate toilet facilities for male and female students, teachers, and staff; separate toilets for students with disabilities; waste storage area and sanitation water supply system. Encouraging the construction of separate toilets for each floor and each row of classrooms;

h) Parking area for students, teachers, and staff.

5. For schools that do not meet the requirements stipulated in this Article, the school principal is responsible for developing a renovation plan for the school and classrooms, reporting to the People's Committee of the commune, the Director of the Department of Education and Training for resolution by the Chairman of the People's Committee of the district for public schools or requesting the Chairman of the Board of Management to resolve for private schools.

Article 46. Classrooms

1. Classrooms must comply with standards, have adequate lighting, be well-ventilated during summer, warm during winter, and ensure safety for teachers and students according to school hygiene regulations; provide minimum conditions for disabled students to facilitate learning.

2. Classrooms shall have the following equipment:

a) Desks and chairs for students that meet standards and provide seating for all students;

b) Desks and chairs for teachers;

c) Classroom blackboard;

d) Lighting system and fan system (where electricity is available);

e) Storage systems for files and teaching equipment.

Article 47. Library

1. The school library must serve the teaching activities of teachers and the learning needs of students. The school organizes for students, based on different categories, to borrow textbooks, ensuring that all students have textbooks for their studies; it also arranges mobile bookshelves to bring books to various school locations.

2. Each school shall have a library equipped with necessary facilities and equipment as prescribed in the Standards for School Libraries issued by the Minister of Education and Training.

Article 48. Educational Equipment

1. Schools shall be equipped with sufficient educational equipment, organize management and effective use of such equipment in teaching and learning activities as stipulated by the Ministry of Education and Training.

2. Teachers are responsible for using educational equipment, making teaching aids according to the requirements regarding content and methods specified in the education program.

Chapter VII SCHOOL, FAMILY AND SOCIETY

Article 49. Parent-Student Representative Council

Primary schools shall establish a Parent-Student Representative Council for each class and a Parent-Student Representative Council for the entire school, organized and operated according to the Regulations on the Parent-Student Representative Council issued by the Minister of Education and Training.

Article 50. Relations between School, Family and Society

1. The school shall coordinate with local authorities, relevant sectors, the Parent-Student Representative Council of the school, political-social organizations, and related individuals to:

a) Unify the scale and development plan of the school, measures for educating students, and support for individual students;

b) Mobilize all community resources to contribute to building the school's infrastructure and educational equipment, care for the education cause, foster study movements and a healthy, safe educational environment; create conditions for students to engage in appropriate recreational and cultural-sports activities according to their age;

c) Encourage organizations and individuals to sponsor and support the development of the education cause. It is not permissible to exploit sponsorship or support for education to compel financial contributions or donations.

2. The class teacher shall closely liaise with parents of students in the class to: inform them about each student's academic performance; unify plans to assist weak students and educate individual students; promptly recognize and commend students who strive in their studies and self-discipline.