Pursuant to …;

On the issuance of the regulations on organization and operation of

continuing education centers

________________

 

MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;

Pursuant to Decree No. 29/CP dated March 30, 1994 of the Government on tasks, powers, and organizational structure of the Ministry of Education and Training;

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

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

DECISION:

Article 1. This Decision promulgates the Regulations on Organization and Operation of Continuing Education Centers.

Article 2. This Decision shall take effect fifteen days from the date of signature. This Decision replaces Decision No. 2461/QD dated November 7, 1992 of the Minister of Education and Training on the issuance of the Regulations on Organization and Operation of Provincial Continuing Education Centers and Decision No. 1660/GD-ĐT dated May 20, 1997 of the Minister of Education and Training on the issuance of the Regulations on Organization and Operation of District Continuing Education Centers.

Article 3. Chairmen of provincial People's Committees, heads of the Office of the Ministry, Directors of the Department of Continuing Education, Heads of units under the Ministry of Education and Training related to this matter, Directors of Departments of Education and Training are responsible for implementing this Decision./.

 

 

REGULATIONS

 

Organization and operation of continuing education centers

(issued pursuant to Decision No. 43/2000/QĐ-BGDĐT dated September 25, 2000

of the Minister of Education and Training)

_______________

 

Chapter 1:

GENERAL PROVISIONS

Article 1. Position of continuing education centers.

Continuing education centers are non-formal educational institutions within the national education system. Continuing education centers have legal personality, seals, and separate bank accounts.

Article 2. Tasks and powers of continuing education centers.

The competent authority establishing continuing education centers shall base on training needs and specific conditions to stipulate for the centers to perform one or all of the following tasks and powers:

1. Implementing educational programs:

a) Literacy programs and continued education after literacy;

b) Supplementary primary school, supplementary lower secondary school, supplementary upper secondary school programs;

c) Foreign language and computer application training programs;

d) Additional training programs, regular vocational training, upgrading skills, updating knowledge and skills;

đ) Educational programs meeting learners' requirements.

2. Surveying learning needs in the locality, determining necessary learning contents, proposing suitable learning forms for different target groups;

3. Supporting specialized high schools, colleges, universities to organize non-formal training programs at the local level as prescribed in Articles 41 and 42 of the Education Law;

4. Organizing special classes according to the programs specified in Clause 1 of this Article for beneficiaries of preferential policies, disabled persons, and other social policy beneficiaries according to the local training plan;

5. Organizing technical vocational teaching and practice, labor production activities, and other activities serving learning;

6. Managing teachers, staff, and students;

7. Managing land, facilities, equipment, and finance in accordance with the law;

8. Researching and summarizing experiences in center activities, contributing to the development of non-formal education.

Article 3. System of continuing education centers.

1. Provincial continuing education centers (hereinafter referred to as provincial continuing education centers). These centers do not implement the task prescribed in point a, Clause 1, Article 2 of these Regulations.

2. District continuing education centers (hereinafter referred to as district continuing education centers). These centers do not support higher education institutions as prescribed in Clause 3, Article 2 of these Regulations.

3. Continuing education centers under political organizations, political-social organizations, economic organizations, and people's armed forces (hereinafter referred to as continuing education centers under organizations). These centers perform tasks similar to those of district continuing education centers.

4. Foreign language and computer centers. These centers only implement the tasks prescribed in point c, Clause 1, and Clause 3, Article 2 of these Regulations (for foreign languages and computers).

Article 4. Names of continuing education centers.

1. Naming of continuing education centers is regulated as follows:

a) Continuing education center + specific name;

b) Foreign language and computer center + specific name.

2. The center's name is recorded in the decision establishing the center, seal, signboard, and transaction documents.

Article 5. Hierarchical management.

1. Provincial continuing education centers, district continuing education centers, continuing education centers under organizations, and foreign language and computer centers under localities are directly managed and directed by the Department of Education and Training.

2. Foreign language and computer centers under universities are managed by the university in accordance with the University Charter.

Article 6. Internal rules of continuing education centers.

Based on these Regulations, each continuing education center shall establish its internal rules.

Chapter 2:

ORGANIZATION AND MANAGEMENT

Article 7. Conditions for establishing Continuing Education Centers.

1. A Continuing Education Center shall be granted a decision to establish when:

a) The establishment of the Center is in line with the socio-economic development requirements of the locality and meets the learning needs of the community.

b) The organization or individual establishing the Center has a feasible project ensuring:

- Having a staff of managers and teachers in accordance with the standards prescribed in Articles 12, 13, and 27 of this Regulation;

- Having facilities and equipment in accordance with Chapter VI of this Regulation.

2. Provincial Continuing Education Centers are decided to be established by the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as provincial level) after obtaining written agreement from the Ministry of Education and Training.

3. District Continuing Education Centers and those belonging to organizations are decided to be established by the Chairman of the People's Committee of the province upon the proposal of the Director of the Department of Education and Training.

4. Local foreign language and information technology centers are decided to be established by the Director of the Department of Education and Training.

5. Foreign language and information technology centers affiliated with universities are decided to be established by the university president.

Article 8. Documents and procedures for establishing Continuing Education Centers.

1. The application package includes:

a) An application for establishing the Center;

b) A feasible project as stipulated at point b, Clause 1, Article 7 of this Regulation;

c) Curriculum vitae of the person proposed to be the director of the center.

2. The authority to receive and review the application package is as follows:

a) The Department of Education and Training receives the application package for establishing a Continuing Education Center, takes the lead in coordinating with relevant agencies to organize the review and submit to the Chairman of the Provincial People's Committee.

b) The Director of the Department of Education and Training decides to establish local foreign language and information technology centers after obtaining permission in writing from the Provincial People's Committee.

c) The university president decides to establish foreign language and information technology centers affiliated with their own university after obtaining permission in writing from the Ministry of Education and Training.

Article 9. Merger, division, separation, suspension of operations, dissolution of Continuing Education Centers.

1. The authority that decides on the establishment of Continuing Education Centers as prescribed in Article 7 of this Regulation has the authority to decide on the merger, division, separation, suspension of operations, and dissolution of Continuing Education Centers.

2. Procedures for merging, dividing, separating, suspending operations, and dissolving Continuing Education Centers are carried out in accordance with the regulations of the Government.

Article 10. Organization of classes.

1. Learners studying at the Center in regular periodic forms, combining work and study (part-time, supplementary) are organized into classes. Each class has a class teacher, a class president, and one or two vice-presidents elected by the class.

2. Learners registering to study at the Center through distance learning or self-study with guidance are organized according to the regulations of the Ministry of Education and Training.

Article 11. Professional and vocational departments.

1. Teachers and staff of Continuing Education Centers are organized into professional and vocational departments to assist the Director in performing the Center's tasks and powers.

2. Tasks, powers, and organizational structure of professional and vocational departments are defined by the Director.

3. Each department has a head appointed by the Director.

4. For provincial Continuing Education Centers, specialized and vocational departments are established.

Article 12. 2. The Director is responsible to the Management Board for managing daily operations according to assigned tasks and authorities.

1. The Director of a Continuing Education Center is responsible for managing and directing all activities of the Center and is accountable to the superior management agency for all activities of the Center.

2. The Director must have good political and moral qualities, management capabilities, a bachelor's degree, and at least five years of experience in the education sector.

3. The authority that establishes the Continuing Education Center appoints the Director of the Continuing Education Center. The term of office of the Director is five years.

4. The Director of a Continuing Education Center has the following duties and powers:

a) To develop and implement plans to fulfill the Center's tasks;

b) To manage the Center's facilities and assets;

c) To manage teachers and staff;

d) To propose the appointment of deputy directors; appoint department heads, establish professional and vocational departments, and advisory councils of the Center;

đ) To accept and manage learners entering and leaving studies according to the program specified in Clause 1, Article 2 of this Regulation;

e) To manage finances, decide on income and expenditure, and distribute labor results, technical practices, and services (if any);

g) To sign school records, certificates, and other certificates of academic achievement and technical skills for learners studying at the Center in accordance with current regulations;

h) To attend professional and vocational courses and enjoy current benefits.

Article 13. Deputy Director.

1. A Continuing Education Center has one to two Deputy Directors appointed by the authority that establishes the Continuing Education Center upon the recommendation of the Center Director. The term of office of the Deputy Director is five years.

2. The Deputy Director assists the Director, must have good political and moral qualities, management capabilities, a bachelor's degree, and at least three years of experience in the education sector.

3. The Deputy Director has the following duties and powers:

a) To carry out and be responsible to the Director for assigned tasks;

b) To jointly be responsible to the superior agency for related activities of the Center;

c) To act on behalf of the Director in managing the Center's activities when authorized;

d) To attend professional and vocational courses and enjoy current benefits.

Article 14. Educational Council.

1. The Educational Council is an advisory body to the Director in performing the Center's tasks and powers, established by the Director at the beginning of each academic year and serves as its chairperson.

2. Members of the Educational Council include: Deputy Directors, representatives of the Communist Party of Vietnam, Ho Chi Minh Communist Youth Union, Trade Union, department heads, and some experienced teachers.

 3. The Education Council convenes twice a year. Additional necessary sessions are decided by the Center Director.

Article 15. Other councils.

 Based on administrative requirements, the Center Director may establish other councils. The functions, tasks, authorities, composition, working regulations, and operating hours of these councils shall be determined by the Center Director.

Article 16. Party organizations and mass organizations within the permanent education center.

 1. The Communist Party organization within the permanent education center leads the center and operates within the framework of the Constitution and laws.

 2. Mass organizations and social organizations within the center operate according to the provisions of the law and have the responsibility to contribute to achieving educational goals.

Article 17. Management of assets and finance.

 1. The management of assets of the permanent education center must comply with the relevant state regulations. All members of the center are responsible for maintaining and protecting the center's assets.

 2. The management of income and expenditure from various financial sources of the permanent education center must comply with current state regulations; fully implement accounting, statistical reporting systems, and regular reports as prescribed.

Chapter 3:

EDUCATIONAL ACTIVITIES

Article 18. Forms of study.

 The forms of study include: regular centralized learning, part-time learning (in-service, supplementary); specialized topic learning, distance learning, self-study with guidance.

Article 19. Educational programs and teaching plans.

 1. The permanent education center implements illiteracy eradication programs and continuing education programs after literacy, primary school supplementary programs, junior high school supplementary programs, senior high school supplementary programs, and foreign language training programs, computer application training programs as decided and issued by the Minister of Education and Training.

 2. The permanent education center implements vocational technical training programs, supplementary training programs, periodic internship programs, advanced skill enhancement programs, knowledge and skill updates, and programs that meet learners' needs as stipulated by the Director of the Department of Education and Training.

 3. Based on the forms of study specified in Article 18 and the educational programs specified in Clauses 1 and 2 of this Article, the Center Director develops specific teaching plans and class schedules for each course.

Article 20. Activities supporting training at the provincial permanent education center.

 To fulfill the tasks specified in Clause 3, Article 2 of this Regulation, the provincial permanent education center has the responsibility to comply with the following provisions:

 1. Surveying learning needs in the area, developing class opening plans to submit to the Chairman of the Provincial People's Committee.

 2. Based on the confirmation document of training needs and class opening plans of the Chairman of the Provincial People's Committee, signing responsibility contracts with vocational schools, colleges, universities regarding the class opening plans of the schools in the locality on the principle that the school is fully responsible for enrollment, teaching, examination, graduation exams, and issuing graduation certificates.

Article 21. Textbooks and study materials.

 The permanent education center uses textbooks and study materials according to the guidelines of the Ministry of Education and Training.

Article 22. Record-keeping system.

 The record-keeping system for tracking educational activities in the permanent education center includes:

 1. For the Center:

 - Register book;

 - Roll call and scoring book;

 - Lesson plan book;

 - Student transcripts;

 - Center resolution book;

 - Teacher performance evaluation book;

 - Reward and disciplinary book;

 - Document tracking book; file storage book;

 - Asset and financial management book.

 2. For teachers:

 - Lesson preparation book;

 - Observation book;

 - Individual score book;

 - Class teacher book.

Article 23. Examination, assessment, and classification of learning outcomes.

 1. Organizing examinations, assessments, and classifications of learning outcomes and conduct evaluations for students according to the regulations of the Minister of Education and Training for each level of education and type of training.

 2. Students studying at the permanent education center through different forms of study, who have completed the program of each level of education: primary school supplementary; junior high school supplementary, senior high school supplementary, and meet the conditions stipulated by the Ministry of Education and Training, are eligible to participate in the corresponding graduation exam and if they meet the graduation requirements, they will be awarded the corresponding graduation certificate. On the graduation certificate, the form of study is recorded; if they meet the conditions stipulated by the regular system graduation exam, they can take the exam and if they pass, they will be awarded the regular system graduation certificate.

These certificates have legal value for further studies at higher levels.

 3. Students of the permanent education center who attend specialized courses, advanced skill enhancement courses, foreign language and computer training courses, upon completion of the program, are eligible to take the exam and if they meet the required criteria, they will be awarded the corresponding certificate.

Chapter 4:

TEACHERS

Article 24. Teachers of the permanent education center.

 Teachers of the permanent education center are those who undertake educational and teaching duties in the center, including: the Director, Deputy Directors, and subject teachers who teach according to the educational programs to obtain diplomas and certificates of the national education system.

Article 25. Duties of teachers.

 Teachers have the following duties:

 1. Implement teaching and educational duties: teaching according to the educational program and teaching plan; preparing lessons thoroughly; attending classes punctually; managing students in activities organized by the center; participating in professional activities;

 2. Cultivating ethics, enhancing professional skills to improve the quality and effectiveness of teaching and education;

 3. Implementing decisions of the Director; being subject to inspection by the Director and educational management levels; complying with the center's internal rules and regulations of this Regulation;

 4. Maintain the quality, reputation, and honor of teachers; set a good example for students, respect the dignity of students, treat students fairly, protect the legitimate rights and interests of students; unite and support colleagues.

 5. Perform other tasks as prescribed by law.

Article 26. Rights of teachers.

 Teachers at the Center for Continuing Education have the following rights:

 1. The Center shall create conditions for them to perform their duties.

 2. They shall enjoy all material and spiritual benefits and be cared for and protected in terms of health according to the regulations and policies applicable to teachers.

 3. They shall directly or through their organizations participate in managing the center.

 4. They shall receive full salary and allowances as prescribed when they are sent to study to improve their professional qualifications.

 5. They shall be allowed to conduct scientific research, participate in production labor, and technology transfer services at educational institutions and other research facilities provided that they ensure the completion of assigned tasks at the Center.

 6. They shall attend meetings of the award council and disciplinary council when these councils resolve issues related to the students they teach.

 7. Teachers at the Center for Continuing Education have teaching hour quotas and part-time work quotas equivalent to those of teachers at regular schools at the same level. Teachers who undertake mass movement activities shall be granted an additional 4 hours per week.

 8. They shall enjoy other benefits as prescribed by law.

Article 27. Required training standards.

 1. Teachers at the Center for Continuing Education who teach programs leading to national education system certificates must meet the required standards as prescribed for teachers at the same level in regular schools.

 2. Teachers at the Center for Continuing Education who teach programs leading to certificates within the national education system must meet the required standards as prescribed by the Ministry of Education and Training.

Article 28. Conduct, language, and attire of teachers.

 1. The conduct and language of teachers must be exemplary and serve as a model for students.

 2. The attire of teachers must be neat, simple, and appropriate for pedagogical activities, in accordance with government regulations on the attire of state civil servants.

Article 29. Prohibited behaviors for teachers.

 1. Insulting the dignity and personality, infringing upon the body of students or colleagues.

 2. Cheating in admissions, examinations, and intentionally misrepresenting students' academic and discipline records.

 3. Smoking or drinking alcohol during class.

Article 30. Rewards and disciplinary actions.

 1. Teachers with outstanding achievements shall be awarded commendations, meritorious titles, and other high honors.

 2. Teachers who commit faults while performing their duties shall be subject to administrative penalties in the field of education, depending on the nature and severity of the violation.

Chapter 5:

STUDENTS

Article 31. Students at the Center for Continuing Education.

 Students at the Center for Continuing Education include individuals with a desire to learn and those with a duty to learn, who meet the conditions to participate in one of the Center's programs.

Article 32. Duties of students.

 Students have the following duties:

 1. Respect teachers, managers, and staff of the Center; comply with the Center's internal rules and regulations as stipulated in this Charter.

 2. Fulfill all requirements for learning and practical labor set forth by the Center.

 3. Protect and maintain the property of the Center.

 4. Contribute to building, protecting, and promoting the traditions of the Center.

 5. Pay tuition fees fully and on time (for students required to pay tuition fees).

Article 33. Rights of students.

 Students have the following rights:

 1. Be respected and treated equally by the Center, and receive complete information about their studies.

 2. Choose suitable study programs, forms, and locations based on their abilities and conditions, and be provided opportunities to switch programs, forms, and locations if desired and accepted by the receiving location.

 3. Participate in activities of social organizations within the Center in accordance with the law.

 4. Directly or through authorized representatives to protect their legitimate rights and provide feedback on teaching content, methods, and other activities of the Center.

 5. Enjoy a portion of the results of their labor, technical practice, or other activities they participate in.

Article 34. Conduct, language, and attire of students.

 1. The conduct and language of students must be cultured and appropriate to their age group's ethics and lifestyle.

 2. The attire of students must be clean, tidy, simple, and suitable for their age, convenient for studying and living at the Center.

Article 35. Prohibited behaviors for students.

 1. Insulting the dignity and reputation, infringing upon the body of teachers or Center staff.

 2. Cheating during exams and tests.

 3. Gambling; transporting, storing, using narcotics; storing weapons, explosives, flammable substances, and harmful chemicals; circulating obscene cultural products.

 4. Fighting, causing disorder, and disrupting public order and security at the Center.

 5. Smoking in class, drinking alcohol while attending classes.

Article 36. Rewards and disciplinary actions.

 1. Students with outstanding achievements in studies and discipline shall be commended by the Center and educational management levels in the following ways:

 a) Awarding the title of outstanding student or excellent student each academic year.

 b) Issuing certificates of merit or commendation for achieving results in student excellence exams.

 c) Other forms of commendation.

 2. Students who violate rules during studies and discipline shall be disciplined according to the following measures depending on the nature and severity of the violation:

 a) Reprimand.

 b) Warning recorded in the academic record, notified to the sending organization and family.

 c) Forced withdrawal from studies.

Chapter 6:

PHYSICAL INFRASTRUCTURE AND EQUIPMENT.

Article 37. Physical infrastructure.

 1. The Center for Continuing Education must have sufficient classrooms, laboratories, and practical production workshops to meet teaching and learning requirements.

 2. The Continuing Education Center must have a center signboard, including the following main contents:

 - Top left: name of the authority deciding to establish the center.

 - Center: name of the center.

 - Bottom: address of the center, telephone number, FAX (if available).

Article 38. Financial sources of the Continuing Education Center.

 The financial sources of the Continuing Education Center include:

 1. State budget.

 2. Tuition fees and other revenues from training contracts, scientific research, technology transfer, production labor, and other activities.

 3. Other financial resources as prescribed by law.

Article 39. Use of financial sources.

 The financial sources of the Continuing Education Center shall be used for:

 1. Educational activities of the Continuing Education Center.

 2. Provision of physical facilities and teaching equipment.

 3. Scientific research activities.

Article 40. Educational Equipment – Library

 1. The Continuing Education Center must have minimum teaching equipment according to the requirements of educational programs.

 2. The Continuing Education Center has a library serving teachers' teaching and students' learning.

 3. Educational equipment and library books must be carefully preserved and effectively utilized in accordance with regulations.

Chapter 7:

RELATIONSHIP BETWEEN THE CONTINUING EDUCATION CENTER AND SOCIETY

Article 41. Responsibilities of the Continuing Education Center.

 The Continuing Education Center is responsible for proactively coordinating with state authorities, political-social organizations, economic organizations, people's armed forces units, and the community to fulfill assigned tasks and powers.

Article 42. Relationship between the Center and society.

 The Center coordinates with relevant agencies to:

 1. Unify viewpoints, content, and methods of education through non-formal approaches so that state authorities and political-social organizations can support and create favorable conditions for the Center to perform its tasks well.

 2. Mobilize organizations and individuals to build a regular study movement and a healthy educational environment, assisting the Continuing Education Center in improving its physical facilities, equipment, and technical means, contributing to enhancing the quality of education and training at the Center./.