DECREE

Regulations on functions, tasks, powers

and the organizational structure of the Ministry of Education and Training

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Education and Training;

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training.

Article 1. Position and Functions

The Ministry of Education and Training is an agency of the Government, performing the function of state management over preschool education, general education, secondary teacher training colleges, higher teacher training colleges, higher education, and other educational institutions regarding: objectives, programs, and content of education; examination regulations, admission policies, and certificates; development of the teaching staff and educational administrators; school facilities and equipment; ensuring quality and educational quality assessment; state management of public services within the scope of the ministry's state management.

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;

The Ministry of Education and Training performs tasks and powers as prescribed in Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries, ministerial-level agencies, and specific tasks and powers as follows:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government according to the annual legislative program of the ministry that has been approved, and resolutions, projects, and plans assigned by the Government and the Prime Minister; mechanisms and policies for mobilizing social resources to develop education and training, build a learning society, and channel education.

2. Submit to the Government and the Prime Minister strategies, planning, long-term, medium-term, and annual development plans, and important national projects and works within the scope of the ministry's state management.

3. Submit to the Prime Minister draft decisions, directives, national target programs, national programs, national action programs, and other documents on sectors and fields under the ministry's state management or as assigned by the Government and the Prime Minister.

4. Issue circulars and other documents on areas under the ministry's state management.

5. Direct, guide, and organize the implementation of regulatory legal documents, strategies, planning, national target programs, national programs, national action programs, important national projects and works after approval; disseminate information, promote, popularize, and educate about laws related to education and training.

6. Regarding objectives, programs, and content of education:

a) Specify education and training objectives appropriate to each level and degree of the national education system under the ministry's state management;

b) Issue preschool education, general education, and continuing education curricula;

c) Issue, update, and guide the list of education and training programs at the bachelor's, master's, and doctoral levels for secondary teacher training colleges, higher teacher training colleges, universities, master's, and doctoral degrees; training regulations and joint training agreements;

d) Specify minimum knowledge volume and requirements for skills that students must achieve upon graduation from secondary teacher training colleges, higher teacher training colleges, universities, master's, and doctoral degrees; procedures for developing, reviewing, and issuing training programs for secondary teacher training colleges, higher teacher training colleges, universities, master's, and doctoral degrees; mandatory subjects in training programs for foreign-invested higher education institutions.

7. Regarding textbooks, teaching materials:

a) Specify the compilation, review, and approval of permitted materials; guide the selection of materials in preschool education institutions;

b) Specify standards and procedures for compiling and revising textbooks; specify the duties, powers, methods of operation, standards, number, and composition of members of the National Textbook Review Council; issue criteria for evaluating textbooks and approve textbooks permitted for use based on the results of the National Textbook Review Council's review; guide the selection of textbooks in general education institutions;

c) Specify the organization of compiling, selecting, reviewing, approving, and using teaching materials and training coursebooks for secondary teacher training colleges, higher teacher training colleges, universities, master's, and doctoral degrees; organize the compilation of political theory, national defense, and security coursebooks to be used uniformly in teaching and learning at secondary teacher training colleges, higher teacher training colleges, universities, master's, and doctoral degrees;

d) Direct the organization of compiling literacy materials, continuing education materials after literacy, and other continuing education materials.

8. Regarding examination regulations, admission policies, and certificates:

a) Take the lead in building and submitting to competent authorities for signing agreements on equivalence of certificates or mutual recognition of certificates with countries and international organizations;

b) Issue examination regulations and admission policies; specify student evaluation and testing procedures;

c) Specify certificate models; printing, management, issuance, recovery, and cancellation of certificates;

d) Specify the recognition of certificates issued by foreign educational institutions for Vietnamese citizens; specify certificates recognizing skill proficiency levels for those who have specialized training after graduating from university in certain specialized fields;

đ) Specify the responsibility and authority of Vietnamese higher education institutions when jointly training with foreign higher education institutions; specify the responsibility of foreign-invested higher education institutions implementing the issuance of higher education certificates in Vietnam.

9. Regarding the development of the teaching staff and educational administrators:

a) Specify working conditions for teachers and educational administrators; job position frameworks and staffing norms in educational and training institutions;

b) Specify standards for heads and deputy heads of preschool education, general education, continuing education institutions, secondary teacher training colleges, and higher teacher training colleges; build and submit to the Prime Minister for promulgation standards for heads and deputy heads of higher education institutions; guide standards for the positions of Director, Deputy Director of the Department of Education and Training, Head, and Deputy Head of the Education and Training Division; specify professional standards for teachers;

c) Build and submit to the Prime Minister for promulgation standards and procedures for appointing and dismissing professor and associate professor titles;

d) Chair and coordinate with the Ministry of Home Affairs to issue examination and promotion regulations for civil servants within the scope of the State management of the ministry;

đ) Manage and guide the implementation of policies on training, development, and incentives for teachers and educational administrators; monitor and supervise the recruitment and utilization of teachers and educational administrators at ministries, sectors, and localities;

10. Manage physical infrastructure and school equipment:

a) Establish and publish, or propose competent authorities to publish standards and technical regulations regarding school infrastructure, equipment, and school hygiene within the scope of the State management of the ministry;

b) Manage physical infrastructure and school equipment in the field of education and training under the scope of the State management of the ministry;

11. Manage finance, assets, and public investment:

a) Prepare annual budget estimates and three-year financial plans for the ministry; manage assets of subordinate agencies and units according to the provisions of the law;

b) Develop and submit to competent authorities for issuance of systems, standards, and expenditure norms for the budget in the field of education and training; mechanisms for collecting and using service fees in the field of education and training for schools under the scope of the State management of the ministry;

c) Monitor and inspect the implementation of budgets in the field of education and training at ministries, sectors, and localities;

d) Issue and guide the implementation of standards, technical regulations, and economic-technical norms in the field of education and training;

đ) Prepare public investment plans for the ministry, decide on investment policies, and make decisions on investment programs and projects within the scope of management according to the Public Investment Law; manage and implement educational and training investment projects according to the law; monitor, evaluate, and supervise the implementation of plans, programs, and projects within the scope of management and perform other tasks and powers in the field of public investment assigned by the Government or the Prime Minister;

e) Chair and coordinate with the Ministry of Finance to develop and submit to competent authorities for issuance of scholarship policies. Coordinate with the Ministry of Finance to develop and submit to competent authorities for issuance of preferential credit policies for students, policyholders, and other policies for learners;

12. Ensure educational quality:

a) Issue national standards for educational institutions under the scope of the State management of the ministry according to the framework structure of the national education system and the national qualification framework of Vietnam; provide detailed guidance on implementing stratification and ranking of research-oriented and application-oriented universities; minimum conditions to ensure quality for implementing training programs;

b) Develop and submit to the Government for approval the conditions, authority, procedures for issuing and revoking registration certificates or supplementary registration certificates for secondary teacher training colleges and college teacher training colleges; conditions and procedures for allowing training activities, suspending training activities for universities, academies, and higher education institutions with foreign investment;

c) Decide on allowing training activities, suspending training activities for universities, academies, scientific research institutes authorized to train doctoral level and higher education institutions with foreign investment. Specify specific conditions, procedures for opening or suspending training activities at undergraduate, master's, and doctoral levels;

d) Determine admission quotas for secondary teacher training colleges, college teacher training colleges, undergraduate, master's, and doctoral levels;

đ) Direct and guide quality assurance work in educational institutions under the scope of the State management of the ministry;

13. Quality assessment:

a) Define quality assessment criteria; procedures and cycles for quality assessment at various educational levels and training qualifications under the scope of the State management of the ministry;

b) Develop and submit to the Government for approval conditions for establishing, dissolving, functions, and powers of quality assessment organizations;

c) Define the issuance and revocation of quality assessment certification;

d) Direct and guide quality assessment work for educational institutions, training programs under the scope of the State management of the ministry;

14. Manage educational institutions:

a) Issue charters and regulations for kindergartens, primary schools, junior high schools, high schools, comprehensive schools, regular education centers, special schools, secondary teacher training colleges, college teacher training colleges, and other educational institutions under the scope of the State management of the ministry;

b) Develop and submit to the Prime Minister for approval the planning network of higher education institutions and teacher training centers;

c) Develop and submit to the Government for approval conditions and procedures for establishing or allowing establishment, merger, division, dissolution of educational institutions under the scope of the State management of the ministry; functions, tasks, and powers of national universities. Develop and submit to the Prime Minister for issuance of organizational and operational regulations for national universities and member higher education institutions;

15. Decide and direct the implementation of the administrative reform program of the ministry according to the goals and content of the State administrative reform program approved by the Government and the Prime Minister;

16. International cooperation:

a) Manage and guide educational institutions under the scope of State management to implement international cooperation in teaching, training, building physical infrastructure and technology, scientific research, and technology transfer; issue or submit to competent authorities for issuance of regulations on managing foreign educational institutions in Vietnam;

b) Issue management regulations for foreigners studying at educational institutions in Vietnam. Guide the teaching and learning of Vietnamese language for foreigners and overseas Vietnamese;

17. Regarding scientific and technological activities, environmental protection:

a) Develop and submit to the competent authority for issuance of policies on the development of science and technology, education, and environmental protection in educational and training institutions;

b) Approve and organize the implementation of projects and programs for the development of science and technology, education, and environmental protection in subordinate educational and training institutions.

18. Regarding public service activities:

a) Specify criteria and quality standards for public services; mechanisms for monitoring and evaluating the effectiveness of public service units' operations in the field of education and training;

b) Guide the implementation of policies and laws and support organizations in conducting public service activities within the scope of the Ministry's management.

19. Regarding statistical work and industry data construction:

a) Organize and direct statistical work; collect, compile, analyze, manage, and store statistical information; establish and issue a system of statistical indicators and reporting regulations for the education and training sector;

b) Build industry databases for education and training.

20. Regarding information technology:

a) Develop and submit to the competent authority for issuance of policies on the application of information technology in the field of education and training;

b) Approve and organize the implementation of projects and programs to enhance the application of information technology in educational and training institutions.

21. Manage organizational structure, staffing, cadres, civil servants, public officials, and workers; implement salary policies and other benefits for cadres, civil servants, public officials, and workers under the Ministry's administrative jurisdiction according to the provisions of the law.

22. Conduct inspections; carry out checks; resolve complaints and denunciations; prevent and combat corruption; practice thrift and combat waste; and handle violations according to the provisions of the law.

23. Perform other tasks and authorities assigned by the Government and the Prime Minister or as provided by law;

Article 3. Organizational Structure

1. Early Childhood Education Department.

2. Elementary Education Department.

3. Secondary Education Department.

4. Higher Education Department.

5. Department of Ethnic Education.

6. Department of Continuing Education.

7. Department of National Defense and Security Education.

8. Department of Political Education and Student Affairs.

9. Department of Physical Education.

10. Department of Organization and Cadres.

11. Planning and Finance Department.

12. Department of Science, Technology, and Environment.

13. Legal Department.

14. Department of Commendation and Awards.

15. Office.

16. Inspectorate.

17. Quality Management Agency.

18. Teachers and Educational Administration Cadres Management Agency.

19. Information Technology Agency.

20. International Cooperation Agency.

21. General Administration of Infrastructure.

22. Vietnam Institute of Educational Sciences.

23. Academy of Educational Management.

24. Ho Chi Minh City School of Educational Management.

25. Education and Times Newspaper.

26. Education Journal.

Units specified from Clause 1 to Clause 21 of this Article are units assisting the Minister in performing state management functions; units specified from Clause 22 to Clause 26 of this Article are subordinate public service units serving the state management functions of the Ministry.

The Minister of Education and Training shall submit to the Prime Minister for issuance the list of public service units under the Ministry.

The Minister of Education and Training shall issue decisions specifying the functions, tasks, authorities, and organizational structures of Departments, Bureaus, Inspection, Office, public service units, and other units under the Ministry according to the provisions of the law.

The Office has six departments.

The Inspection Bureau, Quality Management Bureau, International Cooperation Bureau have four divisions.

The Information Technology Bureau, Teachers and Educational Managers Bureau, Infrastructure Bureau have three divisions.

Article 4. Effective date

1. This Decree takes effect from the date of issuance.

2. This Decree replaces Decree No. 32/2008/NĐ-CP dated March 19, 2008, of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Education and Training.

Article 5. Responsibilities for Implementation

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.