Decree No. 43/2000/ND-CP detailing and guiding the implementation of certain provisions of the Education Law

DECREE OF THE GOVERNMENT

Article 1. Detailed provisions and guidance on implementation of certain articles of the Education Law

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Education Law dated December 2, 1998;

promulgates a Decree stipulating the criteria for stratification, ranking framework, and ranking standards for higher education institutions.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed provisions and guidance on the implementation of certain articles of the Education Law concerning educational programs, textbooks and teaching materials, examinations and diplomas; regarding the network, organization, activities, and material facilities of schools and other educational institutions; regarding recruitment, professional training, guest lecturers, and rewards for teachers; regarding policies for students; and financial conditions of the national education system.

2. Schools and other educational institutions under state administrative agencies, political organizations, social-political organizations, and the people's armed forces shall be responsible for complying with the corresponding provisions of this Decree when conducting training to issue diplomas of the national education system.

Article 2. Branching and linking in education

1. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors to develop regulations and conditions to ensure branching and linking between levels of education, grades, training levels, and educational methods within the national education system.

2. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to guide Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial people's committees (hereinafter referred to as Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial-level people's committees) in planning the network of preschool education institutions, general education institutions, and vocational education institutions in their localities, implementing branching after each level of education, grade, and training level according to the Government's regulations to meet the requirements of economic and social development.

Article 3. Prioritizing the development of education in areas with particularly difficult socio-economic conditions

1. Areas with particularly difficult socio-economic conditions include ethnic minority regions, mountainous regions, islands, and other difficult regions. The specific list of these areas is issued together with Decree No. 51/1999/NĐ-CP dated July 8, 1999, of the Government detailing the implementation of the Law on Encouraging Domestic Investment (amended).

2. The Government prioritizes investment and encourages organizations and individuals to invest in developing the education sector in areas with particularly difficult socio-economic conditions according to the provisions of the Law on Encouraging Domestic Investment (amended) and Decree No. 73/1999/NĐ-CP dated August 19, 1999, of the Government on policies encouraging socialization in education, healthcare, culture, and sports activities.

3. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees at all levels in areas with particularly difficult socio-economic conditions shall be responsible for building plans and solutions to develop education, considering this as a priority target in the local socio-economic development plan.

Article 4. Universal education

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees at the provincial, city, district, and county levels shall be responsible for consolidating and improving the quality of universal primary education, while also planning and implementing universal lower secondary education.

Chapter II

EDUCATIONAL PROGRAMS, TEXTBOOKS AND TEACHING MATERIALS,

EXAMINATIONS AND DIPLOMAS IN THE NATIONAL EDUCATION SYSTEM

Article 5. Educational Programs

1. The educational programs stipulated in Articles 24, 30, and 36 of the Education Law are specific documents that concretize educational goals; they define the scope, depth, and structure of educational content, educational methods, forms of educational activities, standards, and ways to evaluate educational outcomes for each subject in each class and throughout a level of education, grade, or training level.

Any changes to educational programs must be studied and can only be officially applied upon permission from the competent authority.

2. The Ministry of Education and Training shall promulgate preschool education programs and programs for each grade and level of general education based on the assessment of National Assessment Councils.

The Government shall submit to the National Assembly before deciding on the principles of reforming the content of educational programs for a level of education or grade.

3. The framework programs stipulated in Articles 30 and 36 of the Education Law specify: training objectives; minimum volume of knowledge, content structure of knowledge blocks; ratio of training time between basic subjects, specialized subjects, and theoretical and practical training time for vocational high school education, higher education, and postgraduate education.

The Ministry of Education and Training shall take the lead and coordinate with relevant ministries, sectors, and related agencies to establish specialized councils to direct the development, organize assessments, and stipulate framework programs for higher education and vocational high school education.

Based on the framework programs already stipulated and the training tasks of the school, principals of vocational high schools, colleges, and universities shall organize the development and promulgation of the school's educational program after it has been assessed in accordance with Article 8 of this Decree.

4. The Ministry of Labor, Invalids and Social Affairs shall stipulate principles for the development and implementation of short-term and long-term vocational training programs for vocational training institutions.

Article 6. Teaching Plan

1. The teaching plan is a document issued together with the education program, specifying subjects, practical activities, internships, extracurricular activities, number of lessons or sessions per week and academic year allocated to each subject at each level of education, aimed at achieving educational goals.

2. The teaching plan for general education schools is issued by the Ministry of Education and Training based on the program that has been reviewed by the National Council.

The teaching plans for vocational training schools, secondary vocational schools, colleges, and universities are organized, reviewed, and issued by these institutions based on the programs stipulated in Clause 3 and Clause 4 of Article 5 of this Decree.

Article 7. Textbooks and Course Materials

1. Textbooks and course materials specified in Articles 25, 31, and 37 of the Education Law are documents that concretely express the content and teaching methods of each subject in the education program.

2. The Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs shall coordinate with relevant agencies to regulate the organization of textbook and course material compilation, approval, printing, distribution, and usage within their respective fields of responsibility.

Article 8. Review Boards

1. The review boards for programs, textbooks, and course materials as stipulated in the Education Law are advisory organizations assisting educational management authorities in reviewing programs, textbooks, and course materials.

The review board for education programs, textbooks, and course materials includes a number of teachers, educational administrators, and scientific and technical staff from related fields. The review board for general education programs and textbooks must have at least one quarter of its total members being teachers currently teaching at the corresponding level of education.

2. The Ministry of Education and Training decides to establish the National Review Board for education programs, textbooks, and course materials used by universities and colleges, specifies the tasks, powers, operational methods, standards, quantity, and proportion of each type of member of the board, and directly oversees the operations of these boards.

3. The Ministry of Education and Training regulates the review of education programs and textbooks for all levels of general education; education programs and course materials for secondary vocational schools, colleges, and universities.

4. The Ministry of Labor, Invalids, and Social Affairs regulates the review of education programs and course materials for vocational training.

Article 9. Examinations in the National Education System

1. Examinations in the national education system are measures to evaluate students' learning outcomes and assess the effectiveness of educational activities by educators and schools.

2. The Ministry of Education and Training issues examination regulations. Examination regulations must meet the following requirements:

a) Organize examinations seriously, fairly, objectively, and appropriately for the age group of examinees. Examination results should accurately reflect the learning and training process of the examinees;

b) The content of examination questions must be within the scope of the education program and consistent with the knowledge and skill standards prescribed in the education program.

3. Relevant ministries, sectors, and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees at all levels are responsible for organizing and ensuring necessary conditions for examinations.

Article 10. Certificates and diplomas in the national education system

1. Certificates in the national education system as prescribed in Clause 1, Article 7 of the Education Law are formal documents issued by the competent authority to students upon graduation from a level of education, grade, training level, or long-term vocational training course.

The conditions for graduation and classification of graduation must be based on examination results and the student's learning and training process.

The conditions for issuing certificates and the authority to issue certificates are stipulated in Articles 27, 33, 39, and 43 of the Education Law.

The level that has the authority to issue certificates also has the authority to revoke those certificates.

2. Certificates in the national education system as prescribed in Clause 2, Article 7 of the Education Law are formal documents issued by the head of the educational institution to students to confirm their study results upon completion of a training course or supplementary training.

The conditions for issuing certificates and the authority to issue various types of certificates are stipulated in Articles 33 and 43 of the Education Law.

The level that has the authority to issue certificates also has the authority to revoke those certificates.

3. The Ministry of Education and Training shall regulate the management of certificates and diplomas for general education, vocational secondary education, higher education, and postgraduate education.

4. The Ministry of Labor, Invalids, and Social Affairs shall regulate the management of certificates and diplomas for vocational training.

Article 11. Postgraduate Education in Certain Specialized Fields

1. For postgraduate education in the healthcare field, in addition to master’s and doctoral programs, there are specialized training programs for clinical fields including hospital residency, first-level specialty, and second-level specialty.

The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Health to establish specialized training programs, equivalence of certificates, and principles for transitioning between postgraduate training levels in the healthcare field.

2. For artistic disciplines requiring postgraduate education, the Ministry of Education and Training shall take the lead and coordinate with the Ministry of Culture, Sports, and Tourism to establish educational programs, faculty, and training conditions.

3. For sports disciplines requiring postgraduate education, the Ministry of Education and Training shall take the lead and coordinate with Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the General Department of Physical Education and Sports to establish educational programs, faculty, and training conditions.

Chapter III

NETWORKS, ORGANIZATIONS, ACTIVITIES, AND TECHNICAL INFRASTRUCTURE OF SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS

OF THE SCHOOL AND OTHER EDUCATIONAL INSTITUTIONS

Article 12. Schools and Other Educational Institutions in the National Education System

1. Schools in the national education system include kindergartens, primary schools, secondary schools, high schools, vocational secondary schools, vocational training schools, colleges, and universities.

2. Other educational institutions in the national education system include research institutes assigned tasks for postgraduate training; technical centers for comprehensive vocational guidance, vocational training, and continuing education; groups of children, nurseries; independent classes: family kindergartens, primary schools, literacy classes, foreign language classes, computer classes, classes for out-of-school children, classes for disabled children, vocational training classes, and secondary vocational training classes organized at healthcare facilities, production sites, businesses, and service providers.

Article 13. Types of educational institutions

1. The types of educational institutions specified in Article 44 of the Education Law are defined as follows:

a) Public educational institution: established by the State, appointing management staff and allocating personnel quotas; the State manages, invests in physical infrastructure, and provides funding for regular expenses.

b) Semi-public educational institution: established by the State based on mobilizing organizations and individuals from all economic sectors to jointly invest in building physical infrastructure.

c) Socially-owned educational institution: established by social organizations, trade unions, and economic entities with permission and self-invested using non-state budget funds.

d) Private educational institution: established by individuals or groups of individuals with permission and self-invested.

Semi-public, socially-owned, and private educational institutions are collectively referred to as non-public educational institutions.

Article 14. Types of universities

1. The types of universities include universities, university-level institutions, and academies.

2. The specific organizational structure of the types of universities mentioned in Clause 1 of this Article is stipulated in the University Charter.

Article 15. School regulations and rules on organization and operation of schools

1. The school charter is a legal normative document containing the contents prescribed in Clause 2 of Article 48 of the Education Law, applicable to schools at a certain level of education, grade level, or training level across all types specified in Article 13 of this Decree.

The Prime Minister promulgates the University Charter.

The Ministry of Education and Training promulgates the Charters for colleges, specialized high schools, secondary schools, general high schools, kindergartens, and primary schools.

The Ministry of Labor, Invalids, and Social Affairs promulgates the Charter for vocational schools.

2. Rules on organization and operation of schools consist of supplementary and detailed provisions of the school charter, applicable to one or several types of schools or a specific school.

The Prime Minister promulgates the rules on organization and operation of non-public universities; promulgates the rules on organization and operation of certain independent universities when necessary.

The Ministry of Education and Training promulgates the rules on organization and operation of non-public colleges, specialized high schools, general secondary schools, preschools, and specialized schools.

The Ministry of Labor, Invalids, and Social Affairs promulgates the rules on organization and operation of non-public vocational schools.

3. Educational institutions of foreign organizations and individuals, international organizations, and overseas Vietnamese residing in Vietnam shall operate according to separate regulations issued by the Government.

Article 16. Network of schools and other educational facilities

1. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Councils are responsible for planning the network of preschool, general secondary, specialized high, and vocational education facilities, subject to approval by the same-level People's Council. The planning of the network of preschool, general secondary, specialized high, and vocational education facilities must be based on natural conditions, socio-economic conditions, learning needs, educational development levels, and ensure the following principles:

a) Each commune, ward, town (hereinafter referred to as commune) has at least one primary school; depending on specific conditions, each commune may have a preschool or kindergarten.

b) Each commune or group of communes has one lower secondary school; depending on specific conditions, a commune may have multiple lower secondary schools.

c) Each district, city district, provincial city (hereinafter referred to as district) has at least one upper secondary school; there may be vocational schools, vocational centers, comprehensive technical training centers, and lifelong education centers at the district level.

d) Each province, centrally-administered municipality (hereinafter referred to as province) has at least one specialized high school, vocational school, or specialized high school combined with vocational training, and lifelong education centers at the provincial level.

2. The Ministry of Education and Training, in collaboration with the Ministry of Planning and Investment and relevant agencies, will develop plans for the network of colleges and universities to implement the strategy for education and training development, scientific and technological development, meet national human resource training requirements, serve economic and social development strategies; ensuring balance in regional structure, level structure, and occupational structure of the higher education system, to be submitted to the Prime Minister for approval.

3. Based on the provisions of Clauses 1 and 2 of this Article, the Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs will coordinate with relevant ministries and sectors to formulate plans and organize the implementation of plans for the construction and development of central-managed schools. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Councils will formulate plans and organize the implementation of plans for the construction and development of locally-managed educational facilities.

Article 17. Establishing a network of schools in areas with particularly difficult socio-economic conditions

1. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Local People's Committees at all levels within areas with particularly difficult socio-economic conditions, according to the authority prescribed in Article 47 of the Education Law, shall be responsible for consolidating existing boarding schools for ethnic minorities and semi-boarding schools for ethnic minorities; reasonably expanding the network of boarding schools for ethnic minorities and semi-boarding schools for ethnic minorities in places where conditions permit to meet the educational needs of children from ethnic groups and mountainous regions.

2. The Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs shall be responsible for coordinating with relevant ministries and sectors to guide Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committees in building and implementing planning for networks of vocational secondary schools and vocational training schools in areas with particularly difficult socio-economic conditions, consolidating existing preparatory universities or establishing preparatory university systems within universities specifically for students from areas with particularly difficult socio-economic conditions.

Article 18. Conditions for establishing a school

A school will be considered for establishment when it meets the following conditions through a project proposal:

1. Consistency with the planned network of schools.

2. Having objectives, curricula, plans, and scale of education that are appropriate to the development orientation of each level of education and corresponding training levels.

3. Meeting initial conditions regarding management staff, teachers, infrastructure, and financial resources as stipulated by the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs (for vocational training schools), and the Ministry of Finance.

Article 19. Procedures for establishing a college or university

1. The application for establishing a school includes:

a) An application for establishing a school;

b) A project for establishing a school as prescribed in Article 18 of this Decree. The main contents of the project include:

The need to establish the school and its consistency with the planned network of schools;

Objectives and scale of training of the school;

The ability to meet the requirements for socio-economic development;

Legal status, financial capacity, and conditions regarding infrastructure of the organization or individual applying to establish the school; confirmation documents of land use rights or agreements of competent authorities on the allocation of land for school construction;

The ability and plan for developing management staff and teachers;

Land availability for school construction.

c) Documents from competent authorities confirming the financial capacity and technical infrastructure conditions of the organization or individual applying to establish the school; confirmation documents of land use rights or agreements of competent authorities on the allocation of land for school construction;

d) Curriculum vitae of the person expected to become the Principal; list of staff, lecturers, and employees.

2. Authority to receive and review applications for establishing a school is defined as follows:

The Ministry of Education and Training receives the application; takes the lead, coordinates with relevant ministries and sectors, and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committee where the school is located organizes the review; examines and decides on the establishment of colleges; submits to the Prime Minister for examination and decision on the establishment of universities.

3. Time limit for review:

a) For the establishment of universities: within 120 days from the date of receiving complete and valid applications, the Ministry of Education and Training must submit to the Prime Minister for examination; notify the result in writing to the organization or individual applying to establish the school;

b) For the establishment of colleges: within 90 days from the date of receiving complete and valid applications, the Ministry of Education and Training must notify the result in writing to the organization or individual applying to establish the school.

Article 20. Merger, Division, and Separation of Educational Institutions

1. The merger, division, and separation of educational institutions to establish new schools shall be within the authority issuing the decision to establish the school.

2. The merger, division, and separation of educational institutions must ensure the following principles:

a) Compliance with the planning of the school network;

b) Meeting the requirements for economic and social development;

c) Ensuring the interests of learners;

d) Contributing to improving the quality and effectiveness of education.

3. Procedures for the merger, division, and separation of colleges and universities to establish new schools shall be carried out in accordance with the provisions of Article 19 of this Decree. Procedures for the merger, division, and separation of kindergartens, primary and secondary schools, and vocational high schools shall be stipulated by the Ministry of Education and Training; for vocational training institutions, such procedures shall be stipulated by the Ministry of Labor, Invalids, and Social Affairs.

Article 21. Suspension of Educational Institution Activities

1. An educational institution shall be suspended from operating under the following circumstances:

a) Serious violations of regulations on the organization and operation of the educational institution;

b) Insufficient material and technical facilities and teaching staff to ensure teaching quality;

c) Serious violations of regulations on educational goals, plans, programs, professional rules, examination rules, issuance of certificates and diplomas.

2. Procedures for suspending the activities of an educational institution:

a) The education inspectorate conducts inspections and recommends to the education management agency;

b) The education management agency organizes reviews, solicits opinions from relevant units, and submits to the competent authority for a decision to suspend the activities of the educational institution in accordance with Clause 2 of Article 47 of the Education Law.

3. In the decision to suspend the activities of an educational institution, the suspension period, issues to be rectified, measures to ensure the rights of teachers and learners, and requirements for inspection and evaluation before resuming operations must be clearly specified.

4. The suspension of activities of a department, major, or educational method within an educational institution shall also comply with the provisions of Clauses 1, 2, and 3 of this Article.

Article 22. Dissolution of Educational Institutions

1. An educational institution shall be dissolved under the following circumstances:

a) The training objectives of the institution are no longer in line with the requirements for economic and social development;

b) It is unable to improve its weak performance after being suspended from operations and does not have a feasible plan to reorganize and rebuild the institution;

c) At the request of organizations or individuals seeking to establish a new institution.

2. Procedures for dissolving educational institutions:

a) The authorized education inspectorate conducts inspections and recommends to the education management agency;

b) The education management agency reviews, develops a dissolution plan based on ensuring the rights of teachers and learners and fulfilling financial obligations as prescribed by law, and submits to the competent authority for a decision to dissolve the educational institution in accordance with Article 47 of the Education Law.

Article 23. Establishment, Merger, Division, Separation, Suspension of Operations, and Dissolution of Other Educational Facilities in Early Childhood Education, General Education, Vocational Education, and Non-formal Education

1. The Ministry of Education and Training shall specify conditions, procedures, and authorities for decisions on the establishment, merger, division, separation, suspension of operations, and dissolution of other educational facilities in early childhood education, general education, vocational high schools, and non-formal education.

2. The Ministry of Labor, Invalids, and Social Affairs shall specify conditions, procedures, and authorities for decisions on the establishment, merger, division, separation, suspension of operations, and dissolution of other educational facilities for vocational training.

Article 24. Tasks, powers, organization, and activities of other educational institutions

1. Other educational institutions shall have the following tasks and powers:

a) Organizing teaching and learning in accordance with the goals and curricula guided by the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs;

b) Managing teachers, staff members under the institution;

c) Managing students under the institution;

d) Managing and using material and technical conditions assigned in accordance with the provisions of the law;

đ) Performing other tasks and powers as prescribed by law.

2. Research institutes, when entrusted by the Prime Minister to cooperate with universities to train master's degree students as stipulated in point c, Clause 1, Article 38 of the Education Law, shall have the right to manage and use training funds; sign contracts with universities to cooperate in building training programs and teaching plans, writing textbooks, using facilities and equipment, enrolling students, and organizing training.

3. The Ministry of Education and Training shall issue regulations on the organization and operation of Continuing Education Centers, Comprehensive Vocational Training Centers, and independent classes for general education, vocational high schools, and non-formal education, specifying the principles of organization and operation of kindergartens, groups of kindergartens, and general education classes, vocational high schools, and colleges.

4. The Ministry of Labor, Invalids and Social Affairs shall issue regulations on the organization and operation of vocational training centers and vocational training classes.

Article 25. Material and Technical Facilities of Schools and Other Educational Institutions

1. The location of schools and nearby construction projects, as well as the construction and use of equipment within schools, must ensure safety for students, teachers, and staff of the school and not harm the educational environment.

2. The Ministry of Education and Training shall prescribe standards for material and technical conditions for preschool education institutions, general education institutions, continuing education centers, vocational high schools, and colleges.

The Ministry of Labor, Invalids and Social Affairs shall prescribe standards for material and technical conditions for vocational training institutions.

Article 26. Management of Land and Assets of Schools and Other Educational Institutionsof

1. Land and assets assigned by the State for management and use by schools and other educational institutions all belong to the State and must be managed and used in accordance with the provisions of the law.

Assets managed by schools and other educational institutions can only be used for educational, research, and application activities as prescribed by the School Charter and the Regulations on Organization and Operation of Educational Institutions.

2. For private educational institutions, the State recognizes and protects the ownership rights, investment capital, income, and other legitimate rights and interests of investors in accordance with the Domestic Investment Promotion Law (amended).

Chapter IV

REGULATIONS ON RECRUITMENT AND TEACHING

AND AWARDS FOR TEACHERS

Article 27. Recruitment of Teachers

1. Recruitment of teachers must comply with the standards prescribed in Articles 61 and 67 of the Education Law. The Ministry of Education and Training shall take the lead and coordinate with the Government’s Personnel Department to issue regulations on the procedures for recruiting teachers to educational institutions.

For teachers recruited before this Decree takes effect but who have not yet reached the required standard, the Ministry of Education and Training, educational management agencies, and schools shall develop plans and measures to help these teachers meet the prescribed standards.

2. The Prime Minister shall issue separate regulations regarding the recruitment of Vietnamese citizens residing abroad and foreign nationals to teach in Vietnam.

Article 28. Ranks of civil servants for teachers

1. The ranks of civil servants for teachers at preschool education institutions, general education institutions, and vocational training institutions include: teacher, senior teacher, and advanced teacher.

The ranks of civil servants for teachers at higher education and postgraduate institutions include: lecturer, senior lecturer, associate professor, and professor.

2. The Government's Organizational and Cadre Affairs Committee shall take the lead and coordinate with the Ministry of Education and Training and relevant ministries and sectors to submit to the Government regulations on staffing for public and semi-public schools and the standards for the ranks of civil servants specified in Clause 1 of this Article.

Article 29. Professional training for those who have not received professional training

1. Individuals graduating from vocational training schools, secondary specialized schools, colleges, and universities who have not undergone professional training must receive professional training.

The Ministry of Education and Training shall take the lead and coordinate with relevant ministries and sectors to stipulate requirements regarding the content, methods, forms, and duration of professional training.

The Ministry of Education and Training shall specify educational institutions authorized to organize professional training and issue professional training certificates.

2. Individuals assigned to attend professional training classes shall be entitled to their full salary and allowances as other teachers attending such classes.

Article 30. Invited Lecturers

1. Teachers, scientific, technical, cultural, artistic, physical education, and sports personnel working outside the education sector or retired individuals who meet the criteria set forth in Clause 2 of Article 61 of the Education Law may be invited as lecturers.

2. The Ministry of Education and Training shall promulgate regulations on invited lecturers based on provisions of the Education Law.

Article 31. National Teacher Title, Distinguished Teacher Title; Medal for the Education Cause; Honorary Doctorate Title

1. The conferral of the National Teacher Title and Distinguished Teacher Title shall be carried out according to the provisions of the Ordinance dated May 30, 1985, concerning national honorary titles to be awarded to artists, teachers, medical professionals, Decision No. 670/HĐNN dated November 19, 1985, of the State Council, and Decree No. 52/HĐBT dated April 26, 1986, of the Council of Ministers (now the Government). Preamble2. Individuals with significant contributions to the education cause shall be considered for the Medal for the Education Cause.

3. The conferral of the Honorary Doctorate Title shall be carried out according to the following provisions:

a) Higher education and postgraduate institutions tasked with doctoral training programs have the authority to confer the Honorary Doctorate Title. Such conferral must be approved in writing by the Ministry of Education and Training;

b) The conferral of the Honorary Doctorate Title to internationally renowned political and social activists who are foreigners must be approved by the Prime Minister.

POLICIES FOR STUDENTS

Chapter V

Article 32. Categories of students eligible for preferential policies

1. Students eligible for preferential policies in admission, graduation assessment, scholarship awarding, tuition fee reduction, and other payments belong to the following categories:

a) War invalids, disabled veterans, and persons receiving benefits equivalent to war invalids;

b) Heroes of the Armed Forces, Labor Heroes, and individuals with outstanding achievements in production, combat, and labor;

c) Members of ethnic minorities and persons residing in areas with particularly difficult economic and social conditions;

d) Children of martyrs, war invalids, disabled veterans, persons receiving benefits equivalent to war invalids, children of Heroic Mothers, Heroes of the Armed Forces, and Labor Heroes.

2. Students whose families (parents, spouse) are classified as impoverished households according to state regulations, disabled individuals, and orphaned children without support shall be considered for scholarships, tuition fee reductions, and other payments.

3. The Prime Minister shall stipulate the issuance of policy scholarships, social assistance, and tuition fee reductions for the categories specified in Clauses 1 and 2 of this Article. The Ministry of Education and Training shall stipulate preferential policies in admission and graduation assessment for the categories specified in Clause 1 of this Article.

3. The Prime Minister shall stipulate the issuance of policy scholarships, social allowances, and reductions in tuition fees for the subjects specified in Clauses 1 and 2 of this Article. The Ministry of Education and Training shall stipulate preferential treatment in admissions and graduation examinations for the subjects specified in Clause 1 of this Article.

Article 33. Scholarships for Encouraging Study

1. The Prime Minister shall stipulate the criteria, amount, and procedures for granting state scholarships for encouraging study.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs to guide the allocation of quotas for scholarship funds for encouraging study within the annual state budget expenditure of educational institutions.

Article 34. Rights and Policies for Children at Preschool Educational Institutions

1. Children at preschool educational institutions have the following rights:

a) To be cared for, nurtured, and educated according to the preschool education goals, programs, and plans issued by the Ministry of Education and Training;

b) To receive regular health check-ups, initial healthcare services, and free medical treatment at state-run healthcare facilities;

c) To have reduced fees for public recreational and entertainment services.

2. The Ministry of Education and Training shall take the lead and coordinate with relevant agencies to develop policies for children at preschool educational institutions to be submitted to the Government for promulgation.

Article 35. Creating Favorable Conditions for Students with Talent

1. Educational institutions have the responsibility to identify, nurture students with talent, and create favorable conditions for their development based on comprehensive education.

2. The Ministry of Culture, Sports, and Tourism shall take the lead and coordinate with the Ministry of Education and Training to manage art talent schools and classes. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Ministry of Physical Culture and Sports shall take the lead and coordinate with the Ministry of Education and Training to manage sports talent schools and classes.

3. In art and sports talent schools and classes, learning can be organized from primary school level. The Ministry of Education and Training shall coordinate with relevant ministries and sectors to specify the education curriculum, training duration, admission process, and graduation examination requirements, consistent with quality standards and specific characteristics of the specialized training field.

Article 36. Creating Favorable Conditions for Disabled Students

1. Disabled students are eligible for exemption or reduction of tuition fees and other contributions, social allowances, and scholarships as prescribed.

2. Disabled students may attend specialized schools or classes or integrate into regular classes.

The Ministry of Education and Training shall stipulate the acceptance of disabled students into integrated education in national education institutions.

Article 37. Exemption and Reduction of Public Service Fees for Students

The Ministry of Finance shall take the lead and coordinate with the Ministry of Education and Training and relevant ministries and sectors to issue regulations on the exemption and reduction of fees for students when using public services in healthcare, transportation, entertainment, and visiting museums, historical sites, and cultural works.

Article 38. State Preferential Policies for Students in Particularly Difficult Economic and Social Conditions Areas

1. Students at general education institutions in areas with particularly difficult economic and social conditions are exempted from tuition fees and provided with textbooks and learning materials as prescribed by the Ministry of Education and Training.

2. Children of ethnic minorities in areas with particularly difficult economic and social conditions, if meeting the required conditions and criteria, are eligible for local authorities' nomination for study under the nomination system prescribed in Article 78 of the Education Law.

The Ministry of Education and Training shall take the lead and coordinate with relevant ministries and sectors to establish and promulgate regulations on the nomination system.

Article 39. Rewards for Students

The Ministry of Education and Training shall issue regulations on criteria, procedures for assessing academic performance and discipline, and forms of encouragement and rewards for students; it shall take the lead and coordinate with the Ministry of Finance to submit to the Prime Minister for approval the regulations on reward systems for students who win awards in national and international student competitions.

Chapter VI

SECURING FINANCIAL CONDITIONS FOR EDUCATION

Article 40. Allocation and Management of State Budget for Education

1. The Ministry of Education and Training shall cooperate with the Ministry of Planning and Investment and the Ministry of Finance to allocate the state budget for education according to the principles set forth in Clause 2 of Article 89 of the Education Law.

The Ministry of Labor, Invalids and Social Affairs shall cooperate with the Ministry of Planning and Investment and the Ministry of Finance to allocate the portion of the state budget for vocational training.

2. The Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs shall manage the allocated education budget and other sources of income in accordance with the law; they shall cooperate with the Ministry of Finance to prepare annual reports on the use of the education budget to be submitted to the Government for presentation to the National Assembly.

3. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels shall be responsible for managing and using the allocated education budget for its intended purpose. Annually, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces, ministries, sectors, and related educational institutions shall report to the Ministry of Finance and the Ministry of Education and Training, and the Ministry of Labor, Invalids and Social Affairs on the implementation of the allocated budget for education and vocational training.

Article 41. Responsibilities of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels in ensuring the budget for educational activities in their localities

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels shall be responsible for proactively balancing revenue sources to supplement the local education budget, ensuring that the expenditure on education per capita in their locality does not fall below the level prescribed by the central government.

Article 42. Tuition Fees, Admission Fees, and Contributions for School Construction

1. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant agencies to submit to the Prime Minister for approval the framework of tuition fees for various types of schools. The collection and use of tuition fees shall be carried out according to the decision of the Prime Minister.

2. The collection of admission fees as stipulated in Clause 1 of Article 92 of the Education Law shall be implemented based on the principle of collecting sufficient reasonable costs to cover the expenses for the admission process and shall be managed under the current financial system.

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees shall propose to the People's Councils at the same level to specify the amount of admission fees for each category of applicants at educational institutions managed by the locality.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Education and Training to specify the amount of admission fees for each category of applicants at educational institutions managed by the central government.

3. The collection of contributions for the construction of preschool and general education facilities shall be carried out in accordance with Clause 2 of Article 92 of the Education Law.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Education and Training and relevant agencies to submit to the Prime Minister for approval the basic principles for implementing and managing this revenue source.

Article 43. Revenue Sources from Scientific Research Activities, Technology Transfer, and Business Operations of Educational Institutions

1. Vocational high schools, colleges, and universities shall be responsible for proactively implementing scientific research activities, science services, technology transfer, and business operations in accordance with Article 54 of the Education Law.

2. Revenue generated from the aforementioned activities, after deducting reasonable expenses, shall be used by the educational institution to enhance technical infrastructure to improve teaching quality, scientific research, social service, and support scientific research and production activities.

Article 44. Educational Credit Fund, Scholarship Fund, and Educational Support Fund

1. The educational credit fund is established to provide loans to students enrolled in vocational training schools, vocational high schools, colleges, and universities at preferential interest rates. The fund operates without profit-making objectives as prescribed by the Prime Minister.

2. The scholarship fund and the educational support fund are social funds established in accordance with Article 115 of the Civil Code. The State encourages organizations and individuals to establish these funds voluntarily, operating without profit-making objectives to sponsor the development of education in the country. The Ministry of Finance shall coordinate with the Ministry of Education and Training to issue regulations on the establishment and operation of these funds.

Chapter VII

IMPLEMENTING PROVISIONS

Article 45. Implementation Provisions

1. This Decree shall take effect fifteen days from the date of signature.

For persons admitted to specialized training courses and vocational secondary programs before this Decree takes effect, they shall continue their studies until completion of the program. Upon graduation, they will be awarded a specialized training diploma or a vocational secondary diploma.

For research institutes that have enrolled master's degree students prior to the effective date of this Decree, they may continue to organize training until the completion of the program. The Minister of Education and Training shall guide the organization of thesis defense and issuance of master's degrees for graduates of these programs.

All previous regulations that conflict with this Decree are hereby abolished.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government and relevant agencies are responsible for enforcing this Decree./.