Law Amending and Supplementing Certain Articles of the Education Law No. 44/2009/QH12

LAW

Amending and supplementing certain Articles of the Education Law

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly promulgates the Law amending and supplementing certain provisions of the Education Law No. 38/2005/QH11,

Article 1. Amending and supplementing certain provisions of the Education Law.

1. Clause 2 of Article 6 shall be amended and supplemented as follows:

"2. The education program must ensure modernity, stability, unity, practicality, rationality, and continuity between educational levels and training programs; facilitate the integration, transfer, and conversion between different levels of training, fields of study, and forms of education within the national education system; serve as the foundation to ensure comprehensive educational quality; meet international integration requirements."

2. Clause 1 Article 11 shall be amended and supplemented as follows:

"1. Universalize preschool education for five-year-old children, universalize primary education, and universalize lower secondary education. The State decides on the universalization plan, ensuring the necessary conditions to implement universal education nationwide."

1. Criteria for evaluating managers who have excellently completed tasks Managers who are evaluated as having excellently completed tasks must meet all of the following criteria:

"Article 13. Investment in education

Investment in education is developmental investment. Investment in the field of education is a special investment activity under the regulated investment sector and is entitled to preferential investment treatment.

The State prioritizes investment in education; encourages and protects the legitimate rights and interests of domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals investing in education.

The state budget must play a leading role in total investment resources for education."

4. Clause 3 Article 29 is amended and supplemented as follows:

"3. The Minister of Education and Training shall issue the general education curriculum; approve and decide on selecting textbooks for official, stable, and unified use in teaching and learning at general education institutions, including braille textbooks, ethnic language textbooks, and specialized school textbooks, based on the assessment of the National Council for Assessing the General Education Curriculum and Textbooks; stipulate standards, procedures for compiling and revising the general education curriculum and textbooks; stipulate tasks, powers, methods of operation, standards, number, and composition of members of the National Council for Assessing the General Education Curriculum and Textbooks.

The Minister of Education and Training shall be responsible for the quality of the general education curriculum and textbooks."

5. Clause 2 Article 35 is amended and supplemented as follows:

"2. Vocational education course materials specify the requirements regarding knowledge and skills stipulated in the vocational education program for each subject, profession, and level of training, meeting the requirements of vocational education methods.

The principal of the school, the director of the vocational training center organizes the compilation or selection of vocational education course materials; approves vocational education course materials for official use as teaching and learning materials in vocational education institutions based on the assessment of the Course Material Assessment Council established by the principal of the school, the director of the vocational training center to ensure sufficient course materials for teaching and learning.

The Minister of Education and Training, the head of the state management agency for vocational training according to their authority shall stipulate the compilation, selection, assessment, approval, and use of vocational education course materials; stipulate common course materials, organize the compilation and approval of common course materials for vocational education institutions."

6. Clause 4 Article 38 is amended and supplemented as follows:

"4. Doctoral training is conducted over four years for those with a bachelor's degree, and two to three years for those with a master's degree. In exceptional cases, the duration of doctoral training may be extended or shortened according to the regulations of the Minister of Education and Training.

Doctoral students who do not have continuous full-time study conditions but are permitted by the educational institution must still complete the required full-time study period as stipulated herein to finish the doctoral training program, including at least one year of continuous full-time study."

7. Clause 5 Article 38 is added as follows:

"5. The Minister of Education and Training shall coordinate with the Ministers and Heads of equivalent agencies to specify the training of advanced practical skills and specialized application for graduates of bachelor's degrees in certain specialized fields."

8. Clause 2 Article 41 is amended and supplemented as follows:

"2. University education course materials specify the requirements regarding knowledge and skills stipulated in the university education program for each subject, major, and level of training, meeting the requirements of university education methods.

The principal of the college or university organizes the compilation or selection of university education course materials; approves university education course materials for official use as teaching and learning materials in the institution based on the assessment of the Course Material Assessment Council established by the principal to ensure sufficient course materials for teaching and learning.

The Minister of Education and Training shall stipulate the compilation, selection, assessment, approval, and use of university education course materials; stipulate common course materials, organize the compilation and approval of common course materials for colleges and universities."

9. Point b Clause 1 Article 42 is amended and supplemented as follows:

"b) Universities, colleges, academies (collectively referred to as universities) provide associate degree, bachelor's degree training; master's degree, doctoral degree training when approved by the Minister of Education and Training.

Scientific research institutes provide doctoral degree training, cooperate with universities to provide master's degree training when approved by the Minister of Education and Training."

10. Clause 2 Article 42 is amended and supplemented as follows:

"2. Universities and scientific research institutes are allowed to provide doctoral degree training when they meet the following conditions:

a) Having a sufficient number of professors, associate professors, and doctors capable of developing and implementing training programs and organizing dissertation evaluation boards;

b) Having facilities and equipment that meet the requirements for doctoral degree training;

c) Having experience in scientific research work; having carried out research tasks under national-level science programs or high-quality research tasks published both domestically and internationally; having experience in training and developing personnel for scientific research work.

11. Clause 6 of Article 43 shall be amended and supplemented as follows:

"6. The Minister of Education and Training shall coordinate with the Ministers and Heads of ministerial-level agencies to stipulate certificates recognizing skill levels and applications for those who have been deeply trained in certain specialized fields after graduating from university."

12. Point c of Clause 1 of Article 46 shall be supplemented as follows:

"c) Foreign language and computer centers established by organizations or individuals."

13. Clause 3 of Article 46 shall be amended and supplemented as follows:

"3. Continuing education centers shall implement continuing education programs prescribed in Clause 1 of Article 45 of this Law, without implementing educational programs to grant vocational education diplomas and higher education diplomas. Community learning centers shall implement educational programs prescribed in points a and b of Clause 1 of Article 45 of this Law. Foreign language and computer centers shall implement educational programs prescribed in point c of Clause 1 of Article 45 of this Law on foreign languages and computers."

14. Clause 2 of Article 48 shall be amended and supplemented as follows:

"2. Schools within the national education system of all types shall be established according to the planning and plans of the State aimed at developing the education sector. The State creates conditions for public schools to play a core role in the national education system.

Conditions, procedures, and authorities for establishing or permitting establishment; allowing educational activities, suspending educational activities, merging, splitting, separating, or dissolving schools are regulated in Articles 50, 50a, 50b, and Article 51 of this Law."

15. Article 49 is amended and supplemented as follows:

"Article 49. Schools of state agencies, political organizations, socio-political organizations, and people's armed forces

1. Schools of state agencies, political organizations, and socio-political organizations have the mission of training and developing cadres and civil servants. Schools of the people's armed forces have the mission of training and developing officers, non-commissioned officers, professional military personnel, and defense workers; training and developing leaders and managers about national defense and security tasks and knowledge.

2. Schools of state agencies, political organizations, socio-political organizations, and the people's armed forces are educational institutions of the national education system as prescribed in Articles 36 and 42 of this Law if they meet the needs of economic and social development, organize and operate in accordance with the Education Law and the Charter of each school level and training level, and are permitted by competent state authorities to conduct educational activities and implement educational programs to grant diplomas and certificates of the national education system.

3. The Government shall specify regulations regarding schools of state agencies, political organizations, socio-political organizations, and the people's armed forces."

16. Article 50 shall be amended and supplemented as follows:

"Article 50. Conditions for establishing schools and conditions for being permitted to conduct educational activities

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

a) There is a school establishment project consistent with the socio-economic development plan and the education institution network plan approved by the competent state authority;

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

2. A school may be permitted to conduct educational activities when it meets the following conditions:

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

b) There is land, premises, facilities, and equipment meeting the requirements for educational activities;

c) The construction site ensures an educational environment and safety for students, teachers, and staff;

d) There is an educational curriculum and teaching materials appropriate to each level of education and training;

đ) There is a teaching staff and management cadre meeting the standards, sufficient in number, and structurally sound to implement the educational curriculum and organize educational activities;

e) There are adequate financial resources as prescribed to ensure the maintenance and development of educational activities;

g) There is a charter governing the organization and operation of the school.

3. Within the specified time limit, if the school meets the conditions prescribed in Clause 2 of this Article, it will be permitted by the competent authority to conduct educational activities; if not, the establishment or permission decision will be revoked upon expiration of the time limit.

4. The Prime Minister shall specify detailed conditions for establishing and permitting educational activities for universities; the Minister of Education and Training and the Heads of state management agencies for vocational training shall specify detailed conditions for establishing and permitting educational activities for schools at other levels and training levels."

17. Article 50a and Article 50b shall be supplemented as follows:

"Article 50a. Suspension of Educational Activities

1. A school shall be suspended from conducting educational activities in the following cases:

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

b) Not meeting one of the conditions prescribed in Clause 2 of Article 50 of this Law;

c) The person granting permission to conduct educational activities does so beyond their authority;

d) Not commencing educational activities within the specified time limit from the date of permission to conduct educational activities;

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

f) Other cases as prescribed by law.

2. The decision to suspend educational activities of a school must clearly state the reasons for suspension, the duration of suspension, and measures to protect the rights of teachers, students, and staff in the school. The decision to suspend educational activities of a school must be publicly announced through mass media."

3. After the suspension period, if the cause leading to the suspension has been resolved, the person authorized to decide on the suspension shall issue a decision allowing the school to resume its educational activities.

Article 50b. Dissolution of schools

1. Schools shall be dissolved in the following cases:

a) Serious violation of regulations on management, organization, and operation of schools;

b) Expiration of the suspension period for educational activities without resolving the cause leading to the suspension;

c) The objectives and content of activities as stipulated in the decision to establish or permit establishment of the school no longer meet the needs of economic and social development;

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

2. The decision to dissolve a school must clearly specify the reasons for dissolution and measures to ensure the rights of teachers, students, and workers in the school. The decision to dissolve a school must be publicly announced through mass media.

18. Article 51 is amended and supplemented as follows:

"Article 51. Authority and procedures for establishing or permitting establishment; allowing educational activities, suspending educational activities; merging, dividing, splitting, and dissolving schools

1. The authority to establish public schools and permit establishment of private and private vocational schools is as follows:

a) The Chairman of the People's Committee at the district level decides on kindergartens, primary schools, secondary schools, and boarding schools for ethnic minorities;

b) The Chairman of the People's Committee at the provincial level decides on high schools, boarding schools for ethnic minorities, and technical colleges under the province;

c) The Minister or Head of a ministerial-level agency decides on technical colleges under their direct supervision;

d) The Minister of Education and Training decides on colleges and preparatory universities; the Head of the State Management Agency for Vocational Training decides on vocational colleges;

e) The Prime Minister decides on universities.

2. The Minister of Education and Training permits higher education institutions to conduct educational activities.

The Minister of Education and Training and the Head of the State Management Agency for Vocational Training prescribe the authority to permit educational activities for schools at other levels and training qualifications.

3. The person authorized to establish or permit establishment of a school also has the authority to revoke the establishment or permission to establish decisions, decide on the merger, division, splitting, and dissolution of schools. The person authorized to permit educational activities has the authority to decide on the suspension of educational activities.

4. The Prime Minister prescribes specific procedures for establishing, permitting establishment, allowing educational activities, suspending educational activities, merging, dividing, splitting, and dissolving universities. The Minister of Education and Training and the Head of the State Management Agency for Vocational Training, within their respective authorities, prescribe specific procedures for establishing, permitting establishment, allowing educational activities, suspending educational activities, merging, dividing, splitting, and dissolving schools at other levels and training qualifications."

19. Clause 1 of Article 58 is amended and supplemented as follows:

"1. Publicly announce the objectives, educational programs, resources and finance, results of educational quality assessment, and the system of diplomas and certificates of the school.

Organize teaching, learning, and other educational activities according to the objectives and educational programs; confirm or issue diplomas and certificates according to the authority."

20. Point b of Clause 1 of Article 69 is amended and supplemented as follows:

"b) Comprehensive technical centers - vocational training centers; vocational training centers; continuing education centers; community learning centers; foreign language and computer centers."

21. Point c of Clause 1 of Article 69 is amended and supplemented as follows:

"c) Research institutes that train doctoral degree holders, cooperate with universities to train master's degree holders."

22. Clause 2 of Article 69 is amended and supplemented as follows:

"2. Research institutes, when permitted by the Minister of Education and Training to cooperate with universities to train master's degree holders, shall be responsible for signing contracts with universities to organize training."

23. Clause 3 of Article 70 is amended and supplemented as follows:

"3. Teachers teaching at preschool education facilities, general education facilities, vocational education facilities at the basic and intermediate levels are called teachers. Teachers teaching at higher education facilities and vocational colleges are called lecturers."

24. Article 74 is amended and supplemented as follows:

"Article 74. Invited Lecturers

1. Inviting lecturers is the act of a school inviting persons who meet the criteria specified in Clause 2 of Article 70 of this Law to teach. Persons invited by a school to teach are called invited teachers or invited lecturers.

2. Invited teachers and invited lecturers must perform the tasks prescribed in Article 72 of this Law. Invited teachers and invited lecturers who are civil servants must ensure they complete their tasks at their place of work.

3. Encourage the invitation of domestic teachers and scientists, Vietnamese scientists residing abroad, and foreigners to teach at educational institutions under the guest lecturer system."

25. Article 78 is amended and supplemented as follows:

"Article 78. Educational Institutions Implementing Tasks of Training and Re-training Teachers and Educational Administrators

1. Educational institutions implementing the task of training and re-training teachers include teacher training colleges, educational institutions with teacher training departments, and educational institutions permitted to train and re-train teachers.

2. Teacher training colleges established by the State to train and re-train teachers and educational administrators are prioritized in recruitment of teachers, staffing of managers, investment in construction of infrastructure, dormitories, and ensuring training funding. Teacher training colleges have practical schools or practical bases.

3. Educational institutions implementing the task of training and re-training educational administrators include higher education institutions with educational administration departments and educational institutions permitted to train and re-train educational administrators.

4. The Minister of Education and Training permits educational institutions to train and re-train teachers and educational administrators."

26. Article 81 is amended and supplemented as follows:

"Article 81. Salary"

Teachers shall enjoy salaries, occupation-based allowances, seniority allowances, and other allowances as prescribed by the Government.

27. Clause 4 of Article 100 shall be amended and supplemented as follows:

"4. Within the scope of their tasks and powers, People's Committees at all levels shall implement state management over education according to the delegation of the Government, including planning the network of educational institutions; inspecting compliance with laws on education by educational institutions within their jurisdiction; ensuring conditions for the teaching staff, financial resources, physical infrastructure, and teaching equipment for public schools under their management; developing various types of schools; implementing socialization in education; and ensuring that local education meets requirements for expansion in scale, improvement in quality, and enhancement in effectiveness."

28. Clause 2 of Article 101 shall be amended and supplemented as follows:

"2. Tuition fees, admission fees; revenues from advisory services, technology transfer, production, business, and service activities of educational institutions; investments by domestic and foreign organizations and individuals for education development; other forms of sponsorship from domestic and foreign organizations and individuals as prescribed by law.

The State encourages 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 contributions of money or goods."

29. Clause 4 of Article 108 shall be added as follows:

"4. The Prime Minister shall specify in detail the procedures for Vietnamese citizens to teach, study, conduct scientific research, and engage in academic exchanges abroad; cooperation in education with foreign organizations and individuals and overseas Vietnamese."

30. Article 109 shall be amended and supplemented as follows:

"Article 109. Encouragement of Cooperation in Education with Vietnam

1. Foreign organizations and individuals, international organizations, and overseas Vietnamese are encouraged and facilitated by the Vietnamese State to teach, study, invest, sponsor, cooperate, apply science, and transfer technology in education in Vietnam; they are protected by Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

2. Cooperation in education with Vietnam must ensure the education of students in character, moral qualities, and civic capabilities; respect national cultural identity; achieve educational goals and requirements regarding content and methods appropriate to each level of education in the national education system; and comply with Vietnamese legal provisions.

3. Forms of cooperation and foreign investment in education in Vietnam include:

a) Establishing educational institutions;

b) Joint training programs;

c) Establishing representative offices;

d) Other forms of cooperation.

4. The Government shall specify in detail the regulations on cooperation and foreign investment in the field of education."

31. Add Section 3a of Chapter VII as follows:

"Section 3a. Quality Assurance in Education

Article 110a. Contents of State Management over Quality Assurance in Education

1. Issuing regulations on standards for evaluating educational quality; procedures and cycles for quality assurance at each level of education and training; principles of operation, conditions, and standards for organizations and individuals engaged in quality assurance activities; licensing quality assurance activities; issuing and revoking certificates of quality assurance.

2. Managing the quality assurance of educational programs and educational institutions.

3. Guiding organizations, individuals, and educational institutions to implement evaluations and quality assurance activities.

4. Inspecting and assessing the implementation of regulations on quality assurance."

Article 110b. Principles of Educational Quality Assessment

The educational quality assessment must ensure the following principles:

1. Independence, objectivity, compliance with the law.

2. Honesty, transparency, clarity.

Article 110c. Organization of Educational Quality Assessment

1. The organization of educational quality assessment includes:

a) An educational quality assessment organization established by the State;

b) An educational quality assessment organization established by organizations or individuals.

2. The Minister of Education and Training decides to establish or permit the establishment of an educational quality assessment organization; stipulates conditions for establishment and dissolution, tasks, and powers of the educational quality assessment organization."

Article 2.

This Law takes effect from July 1, 2010./.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 12th term, the sixth session on November 25, 2009./.