Circular No. 54/2012/TT-BGDĐT on education inspection collaborators

CIRCULAR

Regulations on Education Inspectors

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Pursuant to the Education Law dated June 14, 2005 and the Law amending and supplementing certain articles of the Education Law dated November 25, 2009;

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. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Decree No. 92/2014/NĐ-CP dated October 8, 2014 of the Government amending Clause 1, Article 16 of Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government stipulating inspectors and inspection collaborators;

Considering the proposal of the Inspector General of the Ministry;

The Minister of Education and Training issues the Circular stipulating regulations on education inspectors.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates regulations on education inspectors; standards for education inspectors; the process of recruiting education inspectors; tasks and authorities of education inspectors; incentives for education inspectors; responsibilities of relevant agencies and organizations.

2. This Circular applies to state management agencies in education; education inspection agencies; educational institutions; education inspectors; agencies, organizations, and individuals related to education inspection activities.

Article 2. Education Inspectors

Education inspectors include:

1. Regular education inspectors are civil servants or public officials within the education sector, not under the establishment of the inspection agency, meeting the required standards, and being recruited to perform inspection duties upon authorization by the competent authority.

2. Non-regular education inspectors are civil servants or public officials within and outside the education sector, not under the establishment of the education inspection agency, and being recruited to participate in inspection teams on a case-by-case basis.

Article 3. Standards for Education Inspectors

1. General Standards

a) Possess good political and moral qualities; have a sense of responsibility, integrity, honesty, fairness, and objectivity.

b) Be knowledgeable about laws and have appropriate professional qualifications for the requirements of education inspection tasks.

2. Regular education inspectors must also meet the following additional standards:

b) Meeting the educational qualification standards as prescribed by the Education Law; being rated as good or better according to the occupational standards or principal standards, or director standards of continuing education centers corresponding to each level of education and training; being rated as having excellently fulfilled annual work tasks (for those who are not lecturers or teachers);

b) Meet the training qualification standards as prescribed by the Education Law, rated as good or better according to the professional standards and management cadre standards for each level of education and training.

c) Be a county-level or higher outstanding kindergarten, primary, or middle school teacher; a school-level or higher outstanding high school teacher; or a civil servant or public official who has excellently fulfilled their duties (for cases where teachers are not rated as outstanding).

d) Have been trained in education inspection procedures according to the program issued by the Minister of Education and Training.

Article 4. Issuance of Certificates for Education Inspectors and Recruitment of Education Inspectors

1. Issuance of Certificates for Education Inspectors

a) The Minister of Education and Training issues certificates for education inspectors for civil servants and public officials at units and educational institutions directly under the Ministry upon the recommendation of the Inspector General of the Ministry (referred to as central-level education inspectors).

b) The Director of the Department of Education and Training issues certificates for education inspectors for civil servants and public officials under the department's agencies and educational institutions directly under the department (referred to as provincial-level education inspectors), agencies under the Department of Education and Training, and educational institutions directly under the People's Committee of the district (referred to as district-level education inspectors) upon the recommendation of the Inspector General of the Department.

c) The certificate for an education inspector is valid for three years from the date of issuance and will be revoked according to Clause 4, Article 9 of this Circular.

d) Based on inspection tasks and the number of civil servants and public officials in subordinate units, the Inspector General of the Ministry and the Inspector General of the Department propose the number of regular education inspectors to ensure sufficient representation across subjects, levels of education, and training qualifications.

2. Recruitment of Education Inspectors

a) The Inspector General of the Ministry of Education and Training recruits central-level education inspectors and non-regular education inspectors.

b) The Inspector General of the Department of Education and Training recruits provincial-level and district-level education inspectors and non-regular education inspectors.

c) The Head of the Department of Education and Training recruits district-level education inspectors and non-regular education inspectors.

d) The recruitment of education inspectors must be agreed upon by the direct managing agency of the civil servants and public officials and carried out in writing.

Article 5. Duties and powers of education inspection collaborators

1. Continuously train and participate in professional studies to enhance expertise in educational inspection work.

2. Assist the head of the state administrative agency for education and the educational institution where the education inspector collaborator works in monitoring inspection work and handling complaints and reports as assigned by the unit's head.

3. Comply with decisions to be summoned for inspection tasks; perform duties and powers when participating in Inspection Teams as stipulated in Article 6 of this Circular.

4. Participate in professional training for inspection; ensure working conditions, means, and other benefits according to the law and internal expenditure regulations of the management unit of the education inspector collaborator.

Article 6. Duties and powers of education inspection collaborators when participating in inspection teams

1. Carry out tasks according to the division of labor by the Head of the inspection team.

2. Implement regulations on inspection work and laws.

3. Require the inspected entity to provide information, documents, and written reports regarding issues related to the inspection content; request organizations and individuals holding relevant information and documents to provide such information and documents.

4. Recommend the Head of the Inspection Team to apply measures within the scope of the Head's duties and powers to ensure the completion of assigned tasks. Recommend actions concerning other issues related to the inspection content.

5. Report on the results of assigned tasks, bear responsibility before the Head of the Inspection Team and the law for the accuracy, truthfulness, and objectivity of the report content.

Article 7. Incentive system for education inspection collaborators

After completing tasks at the educational administration agency or educational institution where they currently work, education inspection collaborators will enjoy incentives when participating in Inspection Teams (excluding examination inspections) as follows:

1. For education inspection collaborators who are managers of preschool or general education institutions, or preschool teachers, general education teachers: one session of work time is equivalent to three standard lessons (or teaching hours).

2. For education inspection collaborators who are teachers or lecturers at universities, academies, colleges, or vocational schools: one session of work time is equivalent to 1.5 standard teaching hours.

3. For education inspection collaborators who are civil servants or public officials under the Ministry of Education and Training, provincial education and training departments, district education and training offices, universities, academies, colleges, or vocational schools: one session of work time is equivalent to six standard working hours.

Article 8. Budget for summoning education inspection collaborators

1. The budget for summoning education inspection collaborators under the national education inspection agency at any level shall be guaranteed by the corresponding state budget; the budget for summoning education inspection collaborators at the district level shall be guaranteed by the state budget at the county level. The source of funds is outside the administrative expenditure quota based on staffing.

2. Each year, the Ministry Inspectorate, Provincial Inspectorate, and District Education and Training Office prepare a budget estimate for summoning education inspection collaborators and submit it to the financial authority at the same level. The financial authority at the same level is responsible for compiling and submitting to the competent authority for approval.

The agency summoning education inspection collaborators is responsible for reimbursing travel expenses, incentive systems, and ensuring working conditions and means for summoned education inspection collaborators.

Article 9. Responsibilities of educational management agencies and educational inspection agencies

1. Issue certificates for educational inspectors in accordance with Clause 1, Article 4 of this Circular and summon educational inspectors in accordance with Clause 2, Article 4 of this Circular.

2. Guide and train inspection skills, ensure working tools, pay travel expenses and allowances for educational inspectors in accordance with regulations.

3. Evaluate and assess the performance of educational inspectors annually (for regular educational inspectors who are teachers); annually (for regular educational inspectors who are civil servants or other officials); after the completion of inspection tasks (for those summoned to perform inspection duties) and submit these evaluations to the head of the direct managing agency of the educational inspector.

4. Issue decisions to revoke certificates for educational inspectors who have violated laws and been disciplined, administratively handled regarding education, or criminally prosecuted.

The level that issues the decision recognizing an educational inspector has the authority to revoke the certificate of the educational inspector.

Article 10. Responsibilities of educational institutions

1. Recommend civil servants and officials for the competent authority to consider issuing a decision on granting certificates for educational inspectors.

2. Arrange time and work scientifically and reasonably so that civil servants and officials can participate in inspection teams when summoned.

3. Use the comments from the agency that summons educational inspectors in evaluating and considering awards and implementing other policies for civil servants and officials.

Article 11. Effective Date

1. This Circular takes effect from February 8, 2013.

2. This Circular replaces Circular No. 16/TT/LB dated August 23, 1995 issued by the Ministry of Education and Training and the Ministry of Finance guiding the implementation of the system for teachers assigned to perform educational inspection tasks.

Repeal Point a, Clause 2, Article 11 of Circular No. 28/2009/TT-BGDĐT dated October 21, 2009 issued by the Minister of Education and Training on provisions regarding the working system for secondary school teachers; Point a, Clause 3, Article 5 of Circular No. 48/2011/TT-BGDĐT dated October 25, 2011 issued by the Minister of Education and Training on provisions regarding the working system for kindergarten teachers.

Article 12. Responsibility for Implementation

The Director of the Office, the Inspector General of the Ministry of Education and Training, the heads of relevant units under the Ministry of Education and Training; the Chairpersons of People's Committees of provinces and centrally governed cities; Directors of Departments of Education and Training; the heads of related agencies and units are responsible for implementing this Circular./.