Circular No. 45/2026/TT-BGDĐT Amending and Supplementing Certain Provisions of Circular No. 15/2025/TT-BGDĐT dated July 24, 2025 by the Minister of Education and Training on the Functions, Powers, and Authorities of the Department of Education and Training under the People's Committee of Province, Municipality Directly Belonging to Central Government and the Cultural and Social Affairs Office under the People's Committee of Commune, Town, Special Zone within Province or Municipality Directly Belonging to Central Government in the Field of Education and Training

CIRCULAR

Amending and Supplementing Certain Articles of Circular No. 15/2025/TT-BGDĐT dated July 24, 2025 by the Minister of Education and Training on guiding the functions, tasks, and powers of the Department of Education and Training under the People's Committee of provinces, cities directly under central administration and the Cultural - Social Affairs Office under the People's Committee of communes, towns, special zones within provinces, cities directly under central administration in the field of education and training

Based on the Law on Local Government Organization No. 72/2025/QH15;

Based on the Education Law No. 43/2019/QH14 amended and supplemented by the Law No. 123/2025/QH15;

Based on the Resolution No. 248/2025/QH15 of the National Assembly dated December 10, 2025 on certain special mechanisms, policies, and outstanding measures to implement breakthroughs in education and training development;

Based on Decree No. 37/2025/NĐ-CP dated February 26, 2025 by the Government on specifying functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Based on Decree No. 150/2025/NĐ-CP dated June 12, 2025 by the Government on organizing specialized agencies under the People's Committee of provinces, cities directly under central administration and the People's Committee of communes, towns, special zones within provinces, cities directly under central administration amended and supplemented by Decree No. 370/2025/NĐ-CP dated December 31, 2025 by the Government;

In accordance with the proposal of the Director of the Personnel Department;

The Minister of Education and Training promulgates this Circular amending and supplementing certain articles of Circular No. 15/2025/TT-BGDĐT dated July 24, 2025 by the Minister of Education and Training on guiding the functions, tasks, and powers of the Department of Education and Training under the People's Committee of provinces, cities directly under central administration and the Cultural - Social Affairs Office under the People's Committee of communes, towns, special zones within provinces, cities directly under central administration in the field of education and training.

Article 1. Amend, supplement, and repeal certain points and paragraphs at Article 4

1. Amend and supplement point d, đ, e, g of paragraph 1 as follows:

“d) Draft Decree of the People's Council of a province deciding specific tuition fees as the basis for implementing free education for preschool children, primary school students, and persons enrolled in general education programs at public educational institutions; deciding specific fee support for preschool children, primary school students, and persons enrolled in general education programs at private or proprietary educational institutions;

đ) Decide on mechanisms for collecting and utilizing fees from service charges for student admissions at various levels of education according to a phased approach ensuring accurate and adequate accounting; decide on the list and fees for services supporting educational activities managed by local authorities, not guaranteed by national budget or not included in tuition fees, according to principles of accurate and adequate cost accounting;

e) Decide on specific functions, tasks, powers, and organizational structure of the Department of Education and Training; decide on functions, tasks, powers, and organizational structure of public sector units directly under the Department of Education and Training (except where specialized laws provide otherwise);

g) Decide on delegation of state management responsibilities in the field of education to the Department of Education and Training, People's Committee at the commune level, Chairman of the People's Committee at the commune level; delegate tasks and powers assigned by the provincial People's Committee for continuous and frequent implementation according to legal provisions.”.

2. Supplement point m after point l of paragraph 1 as follows:

“m) Decide on delegation of state management responsibilities in the field of education to the Department of Education and Training, Director of the Department of Education and Training, People's Committee at the commune level, Chairman of the People's Committee at the commune level; delegate tasks and powers only to public sector units for tasks and powers assigned by the provincial People's Committee according to legal provisions.”.

3. Amend and supplement points d, đ, e of paragraph 2 as follows:

“d) Decide on appointments, reappointments, extensions of tenure, removals, transfers, changes in position or job duties, commendations, disciplinary actions for principals, deputy principals of secondary vocational schools, provincial management education institutions according to standards and procedures prescribed by law;

đ) Decide on the approval of establishment and dissolution of preschool educational institutions, primary school educational institutions at the request of foreign diplomatic missions, international intergovernmental organizations in accordance with current legal provisions;

e) Decide on conversion of kindergartens, pre-schools, private or proprietary schools; secondary schools, multi-level private or proprietary schools with the highest level being secondary education by domestic investors and ensuring operational conditions for private or proprietary primary school educational institutions by foreign investors and ensuring operational conditions according to legal provisions.”. 4. Amend and supplement paragraph 5 as follows:

“a) Implement recruitment, reception of teachers, administrative staff, and educational support personnel in preschool education, general education, continuing education, special schools, and vocational secondary schools on the provincial level; exercise authority over transfers, reassignments, secondments, appointments, changes in position or job duties for teachers, administrative staff, and educational support personnel in public sector institutions under its management and related to areas of management involving two or more administrative units at the commune level;

b) Manage the cadre team of teachers, administrative staff, civil servants, and workers in public sector institutions under its management according to provincial People's Committee delegation and legal provisions.”.

5. Amend and supplement points a, b of paragraph 6 as follows:

“a) Implement according to delegation, authorization or referral for decision-making on position changes; manage positions and number of personnel in educational institutions under its management;

b) Manage the cadre team of teachers, administrative staff, civil servants, and workers in public sector institutions under its management according to provincial People's Committee delegation and legal provisions.”.

b) Ensure sufficient number of employees receiving state budget salaries, number of labor contracts according to approved job positions, meet the conditions for ensuring educational quality, and be accountable for educational activities, educational quality, management of staff, personnel, and students, implement education development policies within their jurisdiction;

6. Amend and supplement point a of clause 7 as follows:

“a) Guide and organize specialized and vocational work; conduct nationwide assessment of general secondary education quality, popularize education, compulsory education, literacy, ensure educational quality, build national standard schools, and develop learning society within the province;

7. Amend and supplement points a, b, i of clause 8 as follows:

“a) Implement according to delegated authority or submit to competent authorities for appointment, reappointment, extension of tenure, removal from office, transfer, change in position, commendation, disciplinary action for the heads and deputy heads of public education institutions under their jurisdiction in accordance with legal provisions;

b) Manage state affairs over continuing education institutions (excluding community learning centers), vocational education institutions, institutions participating in vocational education activities, secondary education institutions, special education institutions (excluding boarding schools, residential schools, and those with the highest level of education being lower secondary education) under their jurisdiction in accordance with legal provisions;

i) Organize self-assessment of digital transformation levels; guide and supervise people's committees at the commune level and educational institutions within the province to implement evaluation according to indicators issued by the Ministry of Education and Training; manage, utilize, and use effectively and appropriately education databases within their delegated authority, ensuring personal information confidentiality and data security.

8. Amend and supplement point d of clause 9 as follows:

“d) Guide and inspect the management and utilization of state budget funds, public assets, service fees, sponsorships, and other legitimate financial resources for education within the province; take the lead or cooperate with financial agencies and relevant bodies in organizing transparent, accountable processes according to legal provisions;

9. Abolish point i of clause 1; points h, i, k of clause 2; point c of clause 6; point k of clause 8.

Article 2. Amend and supplement, abolish certain points and clauses in Article 6

1. Amend and supplement point c of clause 2 as follows:

“c) Decide on appointment, reappointment, extension of tenure, removal from office, transfer, change in position, commendation, disciplinary action for the heads and deputy heads of public education institutions under their jurisdiction in accordance with legal provisions.”

2. Amend and supplement point b of clause 3 as follows:

“b) Coordinate with relevant specialized agencies to advise and submit decisions on investment or participation in construction of kindergartens, primary schools, lower secondary schools, comprehensive secondary schools, and other educational institutions within their jurisdiction; coordinate with relevant units to advise competent authorities on building national standard schools, land use plans for educational institutions under the commune's management;

3. Supplement point c after point b of clause 6 as follows:

“c) Advise the Chairperson of the People's Committee at the commune level in exercising authority to transfer, reassign, or change positions for educators and education support staff within public education institutions under their jurisdiction.

4. Amend and supplement point c of clause 8 as follows:

“c) Advise on admission policies within their jurisdiction; implement popularization, compulsory education, literacy, nationwide assessment, and build learning society in the province; direct and supervise schools within their jurisdiction to implement quality assurance measures, build national standard schools, implement improvement plans to continuously maintain and enhance educational quality according to regulations; advise competent authorities on supporting community learning centers for effective operation, contributing to achieving local economic, cultural, and social development goals;

5. Abolish point d of clause 2 of Article 6.

Article 3. Enforceability

This Circular shall come into force on June 10, 2026.

Article 4. Implementation Responsibility

The Deputy Secretary of the Office, Head of the Personnel Organization Department, Heads of relevant units under the Ministry of Education and Training; Chairpersons of People's Committees at provincial level; Directors of Departments of Education and Training; Chairpersons of People's Committees at district level; and other relevant agencies, organizations, and individuals shall bear responsibility for implementing this Circular./.