Joint Circular No. 47/2011/TTLT-BGDĐT-BNV guiding the functions, tasks, powers, organizational structure, and staffing of the Department of Education and Training under the People's Committee of provinces and centrally governed cities, and the Educational and Training Departments under the People's Committees of districts, towns, urban districts, and provincial cities.

JOINT CIRCULAR

Guidelines on the functions, tasks, authorities, organizational structure, and staffing of the Department of Education and Training

under the People's Committee of provinces and centrally governed cities

under the People's Committee of districts, towns, urban districts, and provincial cities

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Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, authorities, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 48/2008/ND-CP dated April 17, 2008 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 13/2008/ND-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of provinces and centrally governed cities;

Pursuant to Decree No. 14/2008/ND-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, urban districts, and provincial cities;

根据2010年3月8日第21/2010/NĐ-CP号政府法令关于公务员编制管理；

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

The Ministry of Education and Training and the Ministry of Home Affairs issue guidelines on the functions, tasks, authorities, organizational structure, and staffing of the Departments of Education and Training under the People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as the Provincial People's Committee), and the Departments of Education and Training under the People's Committees of districts, towns, urban districts, and provincial cities (hereinafter referred to collectively as the District People's Committee) as follows:

PART I

DEPARTMENT OF EDUCATION AND TRAINING

Article 1. Functions

1. The Department of Education and Training is a specialized agency under the Provincial People's Committee, advising and assisting the Provincial People's Committee in performing state management functions in education and training, including: objectives, programs, contents of education and training, standards for teachers and educational managers; standards for infrastructure, equipment, and children's toys; examination regulations and issuance of certificates and diplomas; ensuring quality in education and training.

2. The Department of Education and Training has legal personality, its own seal and separate bank accounts; it is subject to direction and management regarding organization, staffing, and personnel work by the Provincial People's Committee, while also being subject to professional guidance, inspection, and supervision by the Ministry of Education and Training.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. To take the lead and coordinate with relevant agencies in submitting to the Provincial People's Committee:

a) Drafts of long-term plans, five-year plans, annual plans, programs, projects, proposals, and measures for organizing the implementation of administrative reform tasks within the scope of the Provincial People's Committee's management authority in the field of education for development;

b) Drafts of tuition fees and admission fees for educational institutions under local management for submission by the Provincial People's Committee to the Provincial People's Council for decision in accordance with the law;

c) Drafts of standards for positions for heads and deputy heads of units under the Department of Education and Training, and Departments of Education and Training under the District People's Committee, and other documents within the Provincial People's Committee's authority to promulgate in the field of education.

2. To take the lead and coordinate with relevant agencies in submitting to the Chairman of the Provincial People's Committee:

a) Drafts of decisions on establishing, permitting establishment, merging, splitting, dissolving, and changing types of educational institutions (including those involving foreign organizations and individuals' investment): vocational colleges; high schools, multi-grade schools including high school grades; boarding schools for ethnic minorities; continuing education centers; comprehensive technical and vocational training centers; provincial education management cadre training centers (if any); language, computer centers, and other educational institutions (if any) under the Provincial People's Committee's management authority;

b) Drafts of regulations on working relationships between the Department of Education and Training and related Departments and the District People's Committee.

3. To disseminate, implement, and organize the execution of legal normative documents, planning, programs, proposals, and other contents about education after approval by competent authorities.

4. To guide, organize, inspect, and supervise professional activities of educational institutions directly under the Department, and Departments of Education and Training at the district level regarding the implementation of educational objectives, programs, contents, plans; enrollment, examinations, certification, issuance of certificates and diplomas, quality assessment; universal education, illiteracy prevention, building a learning society, and other educational activities according to the Ministry of Education and Training's guidelines.

5. To decide on opening vocational college training programs at vocational colleges directly under the Department in accordance with the Ministry of Education and Training's regulations.

6. To permit and suspend educational activities of educational institutions specified in point a, Clause 2, Article 2 of this Circular in accordance with the Ministry of Education and Training's regulations.

7. To guide the development and consolidation of training plans for civil servants and public officials of educational institutions under the Provincial People's Committee's management; to organize their implementation after approval by competent authorities.

8. To organize the application of advanced scientific and technological experiences in education; to summarize local experiences and innovations; to manage scientific research and technology work in educational institutions directly under the Department; to build information and archival systems to serve state management and professional work assigned.

9. To organize the construction, promotion of exemplary models, and implementation of commendation and reward work in the field of education at the provincial level.

10. To assist the Provincial People's Committee in managing state activities related to the education sector of enterprises, organizations, and individuals in the locality; to guide and inspect the activities of associations and non-governmental organizations in the field of education in the locality in accordance with the law.

11. To coordinate with the Department of Planning and Investment in reviewing conditions and standards for competent authorities to issue investment certificates in the education sector for foreign organizations and individuals; to issue and revoke permits; to guide, inspect, and supervise educational activities of educational institutions with foreign investment participation in accordance with the law.

12. Assist the Provincial People's Committee in managing state administrative affairs concerning organizations providing self-funded overseas study services according to the provisions of the law.

13. Implement international cooperation in the field of education in accordance with the law and the regulations of the Provincial People's Committee.

14. Guide and organize the implementation of socialization in education; mobilize, manage, and utilize resources for educational development within the province; inspect the implementation of autonomy and self-responsibility rights of subordinate public educational institutions according to the provisions of the law.

15. Guide educational institutions in determining job positions and the number of employees; compile job positions and the number of employees of subordinate educational institutions annually; submit to competent authorities for approval the list of job positions and the number of employees for subordinate educational institutions; organize and inspect the recruitment, employment, contract signing, transfer, rotation, assignment, and policy implementation for civil servants and staff members of subordinate educational institutions and civil servants of the Department of Education and Training.

16. Specify the functions, tasks, and powers of organizations under the Department and subordinate educational institutions; decide on the appointment, reappointment, dismissal, rotation, demotion, and removal of heads and deputy heads of organizations under the Department and subordinate educational institutions; recognize or not recognize management boards, chairpersons of management boards, principals, and deputy principals of non-public educational institutions under the provincial government's administrative management, including private colleges located within the province.

17. Take the lead and coordinate with the Finance Department and the Planning and Investment Department to detail local education funding standards and norms; guide the construction and preparation of annual budget estimates for subordinate educational institutions; decide on the allocation of education budget estimates for subordinate educational institutions after approval by competent authorities; determine and balance the state budget for education annually and submit for approval by competent authorities; inspect the use of the state budget and other lawful revenues of educational institutions within the province.

18. Assist the Provincial People's Committee in implementing inspections to ensure compliance with laws on education regarding the establishment of schools, educational activities, opening training programs, publicizing educational quality, ensuring educational quality conditions, and training linked to societal needs for higher education institutions within the province according to the Ministry of Education and Training's regulations.

19. Implement administrative reform, thrift practices, anti-corruption, and waste prevention; conduct inspection, examination, complaint resolution, and handle violations related to education according to the law.

20. Conduct statistics, information, and regular and annual reports, as well as special reports on organizational and operational activities of education in the locality to the Provincial People's Committee and the Ministry of Education and Training.

21. Manage finances, assets, and material infrastructure assigned according to the law and the Provincial People's Committee's regulations; perform other tasks assigned by the Provincial People's Committee.

Article 3. Organization and Staffing

1. The Department Leadership

The Department of Education and Training shall have a Director and no more than three Deputy Directors; for the Department of Education and Training of Hanoi City and Ho Chi Minh City, there shall be no more than four Deputy Directors.

2. Structure

a) The organizational structure of the Department includes: Office, Inspectorate, Personnel and Organization Department, Planning and Finance Department, and specialized departments.

b) The Director of the Department of Education and Training shall take the lead and coordinate with the Director of the Civil Service Department to submit to the Provincial People's Committee for decision on specific specialized departments under the Department.

Subordinate educational institutions of the Department of Education and Training include: colleges, vocational secondary schools (excluding public vocational colleges of ministries located within the province); high schools; general schools with multiple levels, including high school level; boarding schools for ethnic minorities; comprehensive technical centers; continuing education centers; language and computer centers; schools and classes for people with disabilities; teacher training schools and bases; and other subordinate educational institutions (if any) under the provincial government's administrative management.

3. Staffing

Based on current national regulations on civil service staffing management, the Department of Education and Training shall cooperate with the Civil Service Department to establish job positions and civil servant structures by rank, submit to the Provincial People's Committee for approval, and decide on the annual civil service staffing quota of the Department of Education and Training, ensuring sufficient staffing to fulfill assigned functions and tasks.

Chapter II

EDUCATION AND TRAINING DEPARTMENT

1. The position and functions of the Social and Cultural Department shall be carried out in accordance with Article 11 of Decree No. 150/2025/NĐ-CP.

1. The Education and Training Division is a specialized agency under the District People's Committee, responsible for advising and assisting the District People's Committee in managing state administrative affairs concerning education and training, including: objectives, curricula, and content of education and training; teacher and educational management personnel standards; school facilities and equipment standards and children's toys; examination rules and issuance of certificates and diplomas; ensuring the quality of education and training.

2. The Education and Training Division has legal personality, its own seal and account; it is subject to the District People's Committee's direction and management over organization, staffing, and work tasks; at the same time, it is guided and inspected in terms of professional matters by the Department of Education and Training.

Article 5. Tasks and Powers

1. Take the lead and coordinate with relevant agencies to submit to the District People's Committee:

a) Drafting guiding documents for the implementation of policies, laws, and provincial regulations on educational activities within the district;

b) Drafting decisions, directives, five-year plans, annual plans, and programs and contents for administrative reform in the field of education within the district;

c) Draft the planning scheme for the network of junior high schools, general education schools with multiple levels but without secondary level; boarding schools for ethnic minorities; primary schools; kindergartens, nurseries, groups of children, kindergarten classes (excluding independent private kindergartens and nursery classes) and community learning centers within the jurisdiction according to the guidelines of the Department of Education and Training and the People's Committee at the district level.

2. Take the lead and coordinate with relevant agencies to submit to the Chairman of the People's Committee at the district level draft decisions on establishment (for public educational institutions), permission to establish (for non-public educational institutions), merger, division, separation, dissolution of educational institutions (including those with foreign investment): junior high schools; general education schools with multiple levels but without secondary level; boarding schools for ethnic minorities; primary schools; early childhood education facilities; community learning centers; other educational institutions under the management authority of the People's Committee at the district level.

3. Guide and organize the implementation of legal normative documents, programs, plans for local education development, mechanisms, and policies on socialized education after approval by competent authorities; mobilize, manage, and utilize resources for education development within the jurisdiction; promote, disseminate, educate laws and information about education.

4. Decide on permission for educational activities, suspension of educational activities for educational institutions specified in Clause 2 Article 5 of this Joint Circular according to the regulations of the Ministry of Education and Training.

5. Guide and organize the implementation of goals, programs, contents, plans, specialized tasks, educational activities, universal education; enrollment, examination, review, issuance of diplomas and certificates for educational institutions under the management authority of the People's Committee at the district level.

6. Develop plans and organize the implementation of training and professional development for civil servants and employees of educational institutions under the management authority of the People's Committee at the district level after approval by competent authorities.

7. Organize the application of advanced scientific and technological experiences, summarize local experiences and initiatives in the field of education.

8. Organize the implementation of work to build and promote exemplary models, competition, and commendation activities related to education within the district.

9. Coordinate with the Civil Service Office to guide educational institutions in determining job positions and number of staff; compile job positions and number of staff of educational institutions; decide on job positions and number of staff for educational institutions after approval by competent authorities; organize and supervise recruitment, employment, contract, transfer, rotation, assignment, and policy implementation for civil servants and employees of educational institutions under the management authority of the People's Committee at the district level and civil servants of the Department of Education and Training.

10. Decide on appointment, reappointment, removal from office, rotation, demotion of heads and deputy heads of public educational institutions; recognize or not recognize boards of directors, chairpersons of boards of directors, principals, and deputy principals of non-public educational institutions under the management authority of the People's Committee at the district level according to the law and delegation of the People's Committee at the district level.

11. Guide educational institutions in building annual education budget estimates; compile the annual education budget to be submitted by financial authorities at the same level for approval by competent authorities; decide on allocation of education budget estimates to educational institutions upon approval by competent authorities; coordinate with the Finance and Planning Office to determine and balance the state budget for education annually in the locality, to be submitted for approval by competent authorities; guide and inspect the use of state budget and lawful revenue sources for education for educational institutions under the management authority of the People's Committee at the district level.

12. Coordinate with the Civil Service Office and the Finance and Planning Office to assist the People's Committee at the district level in inspecting and auditing the self-management and responsibility of public educational institutions under the management authority of the People's Committee at the district level.

13. Implement administrative reform, thrift, anti-corruption and waste measures; inspection, complaint resolution, and handling violations related to education according to the law.

14. Implement statistical work, information, and regular and annual reports, and special reports on organizational structure and activities of education according to the guidelines of the Department of Education and Training and the People's Committee at the district level.

15. Manage finance, assets, and material infrastructure assigned according to the law and the People's Committee at the district level; perform other tasks assigned by the Chairman of the People's Committee at the district level.

Article 6. Organization and Staffing

1. Head of the Department

The Department of Education and Training shall have a Director and no more than three Deputy Directors.

2. Quota

Based on current State regulations on civil service management, the Department of Education and Training shall cooperate with the Civil Service Office to determine job positions and civil servant structure by rank to be submitted to the People's Committee at the district level for approval and decision on the annual civil service quota of the Department of Education and Training, ensuring sufficient civil service quota according to job positions to fulfill assigned functions and tasks.

3. Educational Institutions: The Department of Education and Training is responsible for assisting the People's Committee at the district level in managing state affairs concerning educational institutions (including those with foreign investment participation): junior high schools; general education schools with multiple levels but without secondary level; boarding schools for ethnic minorities; primary schools; early childhood education facilities.

Chapter III

IMPLEMENTATION

Article 7. Effective Date

This Joint Circular takes effect 45 days from the date of issuance and replaces Joint Circular No. 35/2008/TTLT-BGDĐT-BNV dated July 14, 2008, issued by the Ministry of Education and Training and the Ministry of Home Affairs guiding the functions, responsibilities, powers, and organizational structures of Departments of Education and Training under Provincial People's Committees and Departments of Education and Training under District People's Committees.

Article 8. Implementation organization

1. Pursuant to the guidelines set forth in this Joint Circular, the People's Committees of provinces and centrally governed cities shall specify the functions, tasks, powers, and organizational structure of the Department of Education and Training; guide the People's Committees at the district level to specify the functions, tasks, powers, and organization of the Educational and Training Office.

2. The Chairpersons of the People's Committees of provinces and centrally governed cities are responsible for organizing and implementing this Joint Circular.

In the course of implementation, if any issues arise or difficulties occur, the provinces and centrally governed cities shall promptly report them to the Ministry of Education and Training and the Ministry of Home Affairs for consideration and resolution within their respective jurisdictions./.