Decree No. 75/2006/NĐ-CP detailing and guiding the implementation of certain provisions of the Education Law

DECREE

||| Details and guidance on implementing certain provisions of the Education Law

_______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

||| Based on the Education Law dated June 14, 2005;

||| Considering the proposal of the Minister of Education and Training.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. ||| This Decree provides details and guidance on implementing certain provisions of the Education Law regarding educational programs, textbooks, and teaching materials; examinations, assessments, and certificates within the national education system; school networks, organization, activities, tasks, and authorities of schools and other educational institutions; policies for teachers; policies for students; quality assurance in education; financial conditions for education.

2. ||| This Decree applies to schools and other educational institutions within the national education system, organizations, and individuals participating in educational activities.

||| Schools under state agencies, political organizations, political-social organizations, and the People's Armed Forces when implementing the educational program of the national education system must comply with the provisions of this Decree.

2. ||| Popularization of education

1. ||| Popularization of education is the process of organizing so that all citizens can study and reach a minimum level of education as prescribed by the State. Primary education and lower secondary education are compulsory levels.

2. ||| At all levels, People's Committees have the responsibility:

a) ||| To ensure that all six-year-old children enter grade one; implement the popularization of primary education at the correct age;

b) ||| To consolidate and maintain the results of the popularization of primary education and combat illiteracy;

c) ||| To develop plans and solutions to implement the popularization of lower secondary education.

3. ||| For localities (communes, districts, provinces) that have been recognized as meeting the standard for the popularization of lower secondary education, at all levels, People's Committees have the responsibility to consolidate and maintain the results of the popularization of lower secondary education; based on specific conditions of the locality to build plans to attract most lower secondary graduates to continue studying upper secondary education, college.

4. ||| Annually, educational institutions and administrative units (collectively referred to as units) that have been recognized as meeting the standard for the popularization of primary education and lower secondary education must conduct self-inspection according to the standards specified for the popularization of education, report in writing to the competent authority for recognition.

5. ||| The Ministry of Education and Training has the responsibility to guide implementation, supervise inspection, compile results of the popularization of education, and report to the Prime Minister.

||| Units that fail to maintain the results of the popularization of education for two consecutive years will be removed from the list of units that meet the standard. These units must be reviewed as if they were being considered for the first time.

6. ||| Families have the responsibility to create conditions for family members within the prescribed age to study to achieve the level of compulsory education.

3. ||| Vocational Guidance and Educational Pathways

1. ||| Vocational guidance in education is a system of measures implemented both inside and outside schools to help students gain knowledge about professions and have the ability to choose professions based on combining personal aspirations and strengths with societal labor needs.

2. ||| Educational pathways are measures to organize educational activities based on vocational guidance in education, creating conditions for lower secondary and upper secondary graduates to continue studying at higher levels, attending college, vocational training, or engaging in work suitable to their abilities and specific conditions, contributing to regulating the structure of professions in the labor force in line with national development needs.

3. ||| The Minister of Education and Training shall direct the development of lower secondary and upper secondary education curricula according to the objectives stipulated in Clause 3 and Clause 4 of Article 27 of the Education Law, emphasizing innovation in content and teaching methods, specifically detailing technical education and vocational guidance standards. At the lower secondary level, vocational guidance content is integrated into subjects, particularly technology. At the upper secondary level, vocational guidance content is organized as a subject.

4. ||| The Ministry of Planning and Investment shall guide ministries, sectors, and provincial People's Committees to forecast and determine human resource structures by level and profession in national economic and social development plans, regions, and localities.

5. ||| At all levels, People's Committees have the responsibility to forecast and publicly announce the demand for human resources in annual and five-year local plans; develop specific policies to link training with employment, guiding local educational management agencies to effectively implement educational pathways.

6. ||| Universities, colleges, and technical colleges annually publicly announce their capacity, fields of training, and specific measures to utilize secondary vocational guidance results in admissions and training processes.

7. ||| State agencies, social organizations, occupational associations, and economic organizations have the responsibility to provide opportunities for secondary students to familiarize themselves with their working environments.

Article 4. Credit Transfer in Education

1. Credit transfer in education is a measure that allows learners to utilize their existing learning outcomes to continue studying at higher levels within the same field or to switch to other fields of training, educational forms, and levels of training that meet corresponding content requirements.

2. The Minister of Labor, Invalids and Social Affairs and the Minister of Education and Training, within their respective authorities, shall direct the development of vocational training programs, intermediate specialized programs that link with general education programs and other training programs, creating conditions for learners to inherit learning outcomes from general education.

3. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to establish regulations on recognizing the value of transferring learning outcomes.

4. Principals of higher education institutions and vocational education institutions shall decide on recognizing the value of transferring learning outcomes in each specific case based on the provisions set out in Clause 3 of this Article and the framework program, comparing and reviewing the suitability of the program and the conditions regarding infrastructure and teaching staff.

5. Learners have the right to register for credit transfer programs according to the State's regulations and those of the educational institution.

Article 5. Teaching and Learning Foreign Languages, Teaching and Learning in a Foreign Language in Schools and Other Educational Institutions

1. Teaching and learning foreign languages in schools and other educational institutions must ensure the following requirements:

a) For general education: organize teaching and learning of at least one widely used international language; students study continuously from grade 3 to grade 12. Encourage students to learn additional foreign languages.

b) For vocational education and higher education: organize foreign language learning suitable to the professional requirements for trainees, students, and pupils.

2. The Minister of Education and Training shall develop an overall plan specifying the conditions and organizing the implementation of foreign language teaching in schools and other educational institutions, ensuring compliance with the requirements stipulated in Clause 1 of this Article.

3. Teaching and learning in a foreign language shall be carried out in accordance with the Prime Minister's regulations.

Chapter II

CURRICULUM, TEXTBOOKS AND COURSE MATERIALS

Article 6. Curriculum

1. The curriculum and the authority to issue curricula are regulated in Articles 6, 24, 29, 35, 41, 45, and 100 of the Education Law.

2. The Minister of Education and Training shall issue curricula for preschool education and curricula for all levels of general education; specify detailed curricula for continuing education, curricula for schools and classes for people with disabilities; issue framework curricula for majors in higher education and college; lead and coordinate with Ministers and Heads of Ministries equivalent to the level of a ministry to issue framework curricula for majors in intermediate specialized education.

3. The Minister of Labor, Invalids and Social Affairs shall cooperate with Ministers and Heads of Ministries equivalent to the level of a ministry to establish framework curricula for each level of vocational training.

The Minister of Culture, Sports and Tourism shall cooperate with the Minister of Education and Training to specify detailed curricula and training periods for art talent schools and classes.

The Chairman of the Sports Committee shall cooperate with the Minister of Education and Training to specify detailed curricula and training periods for sports talent schools and classes.

The Minister of Public Security shall cooperate with the Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs to establish curricula for rehabilitation schools.

4. Based on the framework curricula already established and the training tasks of the school, the principal of vocational education institutions and higher education institutions shall develop and issue the school's curriculum.

5. The authority issuing a curriculum has the authority to decide changes to that curriculum.

Article 7. Knowledge and Skill Standards

1. Knowledge and skill standards in educational programs are the minimum levels of knowledge and skills that learners must achieve upon completion of an educational program.

Knowledge and skill standards in educational programs serve as the primary basis for compiling textbooks, teaching materials, and evaluating learners' academic outcomes.

2. Knowledge and skill standards must meet the following requirements:

a) Reflecting educational goals for each subject, class, grade level, and training level;

b) Demonstrating new knowledge and skills to meet practical needs and international integration;

c) Being concretized into appropriate criteria, serving as a foundation for building, implementing, monitoring, supervising, and objectively assessing educational programs.

Article 8. Textbooks

The Minister of Education and Training shall stipulate the compilation of textbooks; the selection of books for pilot teaching, organizing pilot teaching, soliciting opinions from teachers, scientists, education managers, professional associations, and students; the review, approval, and decision on selecting books to be used as textbooks, including braille textbooks, ethnic language textbooks, and textbooks for specialized school students.

Article 9. Teaching Materials

1. The Minister of Education and Training, and the Minister of Labor, Invalids, and Social Affairs, within their respective authorities, shall stipulate the subjects requiring common teaching materials and organize the compilation and review of these teaching materials.

The Rector of vocational colleges, colleges, and universities shall organize the compilation and review of teaching materials for subjects; select advanced and modern teaching materials both domestically and internationally suitable for educational goals, consistent with the framework curriculum, and the training tasks of the institution based on the assessment of the Teaching Material Review Board established by the Rector, ensuring sufficient official teaching materials for teaching and learning purposes.

2. Educators at vocational education institutions and higher education institutions, while using official teaching materials for teaching, may also choose supplementary materials to expand learners' knowledge based on meeting the requirements of the educational curriculum.

Article 10. Curriculum, Textbook, and Teaching Material Review Boards

1. The Curriculum, Textbook, and Teaching Material Review Board assists those with authority in reviewing curricula, textbooks, and teaching materials.

The Curriculum, Textbook, and Teaching Material Review Board includes educators, education management officials, scientific and technical staff with experience and reputation in education, and representatives of related organizations. The Curriculum and Textbook Review Board for general education must have at least one-third of its total members being educators currently teaching at corresponding grade levels.

2. The Minister of Education and Training shall stipulate the duties, powers, operational methods, standards, number, and composition of the National Curriculum and Textbook Review Board for general education, the Industry Curriculum Review Board for intermediate vocational programs, and the Higher Education Curriculum Review Board; stipulate the review of curricula and teaching materials at intermediate vocational schools, colleges, and universities organized by the school rectors.

3. The Minister of Labor, Invalids, and Social Affairs shall stipulate the duties, powers, operational methods, standards, number, and composition of the Industry Curriculum Review Board for vocational training; stipulate the review of vocational training curricula and teaching materials at vocational training institutions organized by the heads of such institutions.

4. The Review Board and its members shall be responsible for the content and quality of the reviews.

Chapter III

EXAMINATION AND CERTIFICATION

IN THE NATIONAL EDUCATION SYSTEM

Article 11. Examination, admission, and graduation certification

1. Examinations within the national education system include subject examinations, final examinations, graduation examinations, admission examinations, and student excellence selection examinations.

2. The assessment of academic performance, completion of course programs at the subject level, grade level, or educational level is conducted through subject examinations, final examinations, or graduation reviews; examination results serve as primary evidence for schools and educational management levels to evaluate educational quality.

Graduation certification for a grade level or educational level is carried out as follows: graduation review for junior secondary school; graduation examination for general secondary school, college, and university; graduation examination or thesis defense for bachelor's degree; dissertation defense for master's degree; doctoral dissertation defense for doctoral degree.

In cases where education is conducted on a credit system, the completion of course programs and graduation certification for students are implemented according to the Credit Education Regulation issued by the Ministry of Education and Training.

3. Admission examinations and reviews within the national education system aim to assess the learning abilities of applicants to select students. Admissions are conducted through examination, review, or a combination of both methods.

4. Excellence student selection examinations aim to encourage learning among students and contribute to identifying talented individuals. Students who win awards in excellence student selection examinations will be awarded certificates and recognized with honors. The Minister of Education and Training shall specify the regulations for excellence student selection examinations.

5. The admission regulation stipulates the form of admissions, eligible candidates, procedures, and implementation of preferential policies for different types of candidates, regions, and professions to ensure fairness in education, aligning with training structure requirements, and encouraging students with special talents.

6. The admission regulation and graduation examination rules must meet the following requirements:

a) Achieving the purpose of examinations and admissions;

b) Ensuring accuracy, fairness, objectivity, and suitability with the psychological age of examinees;

c) Examination content must be within the curriculum, consistent with knowledge and skill standards specified in the curriculum, capable of classifying examinee levels, and examination results accurately reflect the knowledge and skills accumulated during the learning process;

d) Ensuring strict examination organization, preventing and promptly addressing negative behaviors in examinations.

7. The Minister of Education and Training shall issue the Examination and Admission Regulations for general secondary school, vocational college, college, university, master's, and doctoral levels. The Minister of Labor, Invalids, and Social Affairs shall issue the Examination and Admission Regulations for vocational training.

The provincial People's Committee decides on admissions to general secondary schools through examination, review, or a combination of both methods based on specific local conditions and the Examination and Admission Regulations.

Article 12. Diplomas and Certificates

1. Credentials of the national education system are granted to students upon graduation from a grade level or educational level; certificates of the national education system are granted to students upon completion of a course or training program aimed at enhancing their academic and professional qualifications.

Credentials and certificates must accurately reflect the requirements of the educational program and the level of the student.

2. Credential management must ensure the following principles:

a) The credential system must be uniformly managed and implement分级管理；保障教育机构的权利和责任，符合国际接轨趋势；

b) Prevent and strictly deal with any fraudulent behavior in the issuance and use of credentials and certificates.

3. The Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs, within their respective jurisdictions, shall specify the conditions, procedures, and processes for issuing credentials and certificates; specify the format of credentials and certificates; regulate printing, issuance, recovery, and cancellation of credentials and certificates.

Article 13. Authority to Issue Certificates and Diplomas

1. The authority to issue certificates within the national education system is defined as follows:

a) The Certificate of Completion of Lower Secondary Education is issued by the Director of the Department of Education and Training at the district level;

b) The Certificate of Completion of Upper Secondary Education is issued by the Director of the Provincial Department of Education and Training;

c) The Diploma of Completion of College, Diploma of Completion of University, and Diploma of Completion of Higher Vocational Training are issued by the Rector of the respective educational institution; in cases where a university has constituent colleges, the Rector of the constituent college issues the diploma;

d) The Master's Degree is issued by the Rector of the university authorized to confer such degrees; in cases where a scientific research institute collaborates with a university to confer Master's Degrees, the Rector of the university issues the degree;

đ) The Doctorate Degree is issued by the Rector of the university or the Director of the scientific research institute authorized to confer such degrees;

2. Certificates within the national education system as stipulated in Clause 2, Article 8 of the Education Law are issued by the head of the educational institution or the head of the organization authorized to issue certificates;

Article 14. Cases for Revocation and Authority to Revoke Certificates and Diplomas

1. Certificates and diplomas shall be revoked in the following cases:

a) Engaging in fraudulent behavior during study, examination, admission, or in the preparation of application documents for obtaining certificates or diplomas;

b) Issuing to individuals who do not meet the required conditions;

c) Issued by persons without authority to do so;

d) Being altered, tampered with, or erased;

đ) Used by another person.

2. The authority issuing certificates and diplomas shall be responsible for revoking and invalidating the certificates and diplomas;

Article 15. Recognition of Diplomas Issued to Vietnamese Citizens by Foreign Educational Institutions

1. Diplomas issued to Vietnamese citizens by foreign educational institutions shall be recognized in the following cases:

a) The diploma is issued by a foreign educational institution legally operating in Vietnam, conducting educational activities according to its license, and recognized for quality by a Vietnamese or foreign accrediting organization;

b) The diploma is issued by a foreign educational institution within the scope of application of an agreement on equivalence of diplomas or mutual recognition of diplomas, or a related international treaty to which the Socialist Republic of Vietnam is a party;

c) The diploma is issued by foreign secondary schools, vocational training institutions, or higher education institutions whose educational programs have been recognized by the quality assurance agency of that country;

2. The Minister of Education and Training shall specify the procedures and formalities for recognizing diplomas issued to Vietnamese citizens by foreign educational institutions;

Chapter IV

NETWORKS, ORGANIZATIONS, ACTIVITIES, RESPONSIBILITIES, AND LIMITATIONS

OF SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS

IN THE NATIONAL EDUCATION SYSTEM

Article 16. Schools and Other Educational Institutions

1. Schools within the national education system include: kindergarten, nursery school, primary school, lower secondary school, upper secondary school, multi-grade general secondary school, college, and university;

2. Other educational institutions within the national education system include those specified in Clause 1, Article 69 of the Education Law;

3. Schools and other educational institutions within the national education system are collectively referred to as educational institutions.

Article 17. Educational Facility Network Planning

1. Educational facility network planning involves the distribution and arrangement of educational facilities within the national education system based on geographical location, territorial regions, nationwide and at each local level, for each period to concretize the education development strategy and serve as a basis for developing education plans.

2. Educational facility network planning must ensure the following principles:

a) Consistency with the country's economic and social development strategy, industry-specific strategies, regional strategies, and local development planning; ensuring the structure of professions, levels, and regional distribution; meeting the learning needs of the people;

b) Ensuring diversity and integration within the education system, linking training with scientific research, production, and services; gradually improving training quality to serve the country's industrialization and modernization efforts;

c) Consistency with the state's investment capacity and the ability to mobilize resources from the entire society; creating conditions for everyone to have opportunities to participate in building educational facilities;

d) Concentrating investments on key tasks, important educational facilities, and key industries, key economic zones, and particularly difficult areas.

3. Educational facility network planning includes the following main contents:

a) The structure of the education system and the scale of training according to grade level, field of study, training level, and type of educational facility;

b) Distribution of educational facilities based on the economic and social characteristics of each region and locality;

c) The teaching staff and educational management personnel;

d) Infrastructure and technical facilities.

Article 18. Types of Educational Facilities

Educational facilities within the national education system are organized into types: public, private, and民办非企业和个人举办的教育机构；

1. Public educational institutions are established and directly managed by state agencies with authority, with the construction funds for physical infrastructure and regular operating expenses mainly guaranteed by the state budget.

2. Private educational institutions established by the community at the grassroots level invest in constructing physical infrastructure and ensure operational funding without profit-making objectives. The grassroots community includes organizations and individuals at the village, township, town, and urban district levels.

Private educational institutions operate on the principle of self-management and financial responsibility, receiving support from local authorities. Private educational institutions shall not be established in general secondary education, vocational education, or higher education.

The Chairman of the People's Committee at the county level decides to permit the establishment of private educational institutions, with the People's Committee at the commune level directly managing such institutions.

3. Private educational institutions are established by social organizations, social-professional organizations, economic organizations, or individuals upon permission from state agencies with authority. The source of investment for constructing physical infrastructure and ensuring operational funding for private educational institutions comes from non-state budget capital.

Article 19. Responsibilities for Building and Approval Authority for Educational Facility Network Planning

1. The Minister of Education and Training, in collaboration with the Ministers of other ministries, ministerial-level agencies, and agencies under the Government, and the Chairmen of the People's Committees of provinces and centrally-administered cities, builds the planning for the network of higher education and college facilities, submitting it to the Prime Minister for approval.

2. The Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs, in cooperation with the heads of relevant ministries and sectors and the Chairmen of the People's Committees of provinces, build the planning for the network of vocational education facilities; approve the planning for the network of vocational education facilities within their authority.

3. The People's Committee at the provincial level, based on the planning for the network of higher education facilities and the overall planning for the network of vocational education facilities, builds the planning for the network of educational facilities under local management, submitting it to the Provincial People's Council for approval.

4. The People's Committee at the county level, based on the planning for the network of educational facilities of the province, builds the planning for the network of educational facilities in its jurisdiction, submitting it to the County People's Council for approval.

5. For areas with particularly difficult economic and social conditions, the Chairmen of the People's Committees at all levels are responsible for consolidating and developing boarding schools for ethnic minorities, semi-boarding schools for ethnic minorities, vocational education facilities, and educational facilities in their jurisdictions according to the planning network, prioritizing the allocation of teachers, infrastructure, equipment, and budgets for boarding schools for ethnic minorities and semi-boarding schools for ethnic minorities.

6. The planning for the network of educational facilities under local management must meet the following specific requirements:

a) Each commune, ward, or town (hereinafter referred to as commune) has at least one kindergarten, one primary school, and a community learning center. Each commune or cluster of communes has at least one junior high school, which may also include a multi-grade comprehensive school (primary and junior high).

b) Each county, district, city under a province (hereinafter referred to as county) has at least one high school, one county-level continuing education center, which may also include a multi-grade comprehensive school, a vocational training center, a comprehensive technical center, a county-level school for persons with disabilities, and for mountainous and island counties, there may be a county-level boarding school for ethnic minorities and a semi-boarding school for ethnic minorities.

c) Each province or centrally-administered city (hereinafter referred to as province) has at least one junior college and one provincial-level continuing education center. Depending on specific conditions and local needs, a province may have a provincial-level boarding school for ethnic minorities, an arts talent school, a sports talent school, a specialized high school, and a school for persons with disabilities.

Article 20. Establishment of educational institutions

1. The establishment of educational institutions must meet the following requirements:

a) In accordance with the planning of the network of educational institutions;

b) Feasible and effective;

c) Facilitate organizations and individuals to invest in developing education;

d) Simple, transparent administrative procedures;

đ) Have a location ensuring an educational environment and safety for learners, teachers, and workers at the school.

2. A school shall be established when it has a teaching staff and management personnel, an educational program, premises, equipment, and finance according to specific standards, meeting the operational requirements of the school.

The Prime Minister shall specify the conditions for establishing universities; the Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs, within their respective authorities, shall specify the conditions for establishing schools at various levels and training qualifications.

3. The conditions for establishing other educational institutions, the authority to establish or permit the establishment thereof as stipulated in point b, Clause 1, Article 69 of the Education Law shall be implemented in accordance with the Charter on the organization and operation of other educational institutions issued by the Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs within their respective authorities.

4. The procedures and formalities for establishing educational institutions shall be specifically prescribed by the competent state management agency in the School Charter or in the Charter on the organization and operation of the school and other educational institutions.

Article 21. Merger, Division, and Splitting of Educational Institutions

1. The merger, division, and splitting of educational institutions must meet the following requirements:

a) In accordance with the planning of the network of educational institutions;

b) Meeting the requirements for socio-economic development;

c) Ensuring the rights of teachers and learners;

d) Contributing to improving the quality and effectiveness of education.

2. The merger, division, or splitting of educational institutions to establish new educational institutions falls under the authority of the person deciding to establish or permit the establishment of the educational institution. In cases where the merger occurs between educational institutions not established by the same level of authority, the higher-level authority decides; in cases where the establishing authorities are at the same level, they shall negotiate to decide.

3. The procedures and formalities for merging, dividing, or splitting educational institutions shall be specifically prescribed in the School Charter or in the Charter on the organization and operation of other educational institutions.

Article 22. Suspension of Activities of Educational Institutions

1. The suspension of activities of educational institutions shall be carried out when one of the following situations occurs:

a) Violation of laws and regulations on administrative penalties in the field of education to the extent that requires suspension;

b) Due to objective reasons, unable to ensure normal operations of the educational institution.

2. The authority that decides to establish or permit the establishment of an educational institution shall have the authority to decide on the suspension of its activities. In the decision to suspend the activities of the educational institution, the reasons for the suspension, the duration of the suspension, and measures to ensure the rights of teachers and learners must be clearly specified. The decision to suspend the activities of the educational institution must be publicly announced through mass media.

3. After the suspension period, if the causes leading to the suspension are resolved, the competent authority that decided on the suspension shall issue a decision allowing the educational institution to resume operations.

4. The procedures and formalities for suspending activities or resuming operations of educational institutions shall be prescribed in the School Charter, the Charter on the organization and operation of the school, or other educational institutions.

Article 23. Dissolution of Educational Institutions

1. An educational institution shall be dissolved if any of the following circumstances occur:

a) Serious violation of regulations on management, organization, and operation of the educational institution;

b) The suspension period has expired without the causes leading to suspension being remedied;

c) The objectives and activities' content as stipulated in the decision on establishment or permission for establishment of the educational institution are no longer appropriate for socio-economic development requirements;

d) At the request of the organizations or individuals establishing the educational institution.

2. The competent authority deciding on the establishment or permission for establishment of the educational institution shall have the authority to decide on dissolution or permission for dissolution of the educational institution. The direct managing agency of the educational institution shall develop a dissolution plan to submit to the competent authority for a dissolution decision or permission for dissolution of the educational institution in accordance with Article 51 of the Education Law. The dissolution decision must clearly specify the reasons for dissolution and measures to ensure the rights and interests of teachers and students. The decision on dissolution of the educational institution must be publicly announced through central mass media.

3. The procedures and formalities for dissolution of educational institutions are regulated in the School Charter, in the Regulations on Organization and Operation of other educational institutions.

Article 24. School Council

1. The School Council for public schools, the Board of Management for private and non-profit schools is collectively referred to as the School Council.

The School Council is the governing body representing the owner of the school, and for private schools, it is the sole representative of the school's ownership rights.

2. The tasks of the School Council are stipulated in Article 53 of the Education Law and are specifically defined in the School Charter or Regulations on Organization and Operation of the school.

3. The School Council has the right to decide on the direction of operations, resource mobilization for the school; supervise the school's activities, introduce candidates for the competent authority to appoint the principal (for public schools) or recognize the principal (for private schools); decide on organizational, personnel, financial, property matters, and investment development directions of the school in accordance with regulations.

4. Participants in the School Council include representatives from the Party organization, the School Administration Board, lecturers, education management staff, representatives of organizations and individuals participating in school construction investment, representatives of production and business units related to the school.

Participants in the Board of Management include those who contribute capital to build the school.

5. Detailed provisions regarding the procedures for establishment, organizational structure, tasks, and powers of the School Council and the Board of Management are reflected in the School Charter or Regulations on Organization and Operation of the school as stipulated in Article 27 of this Decree.

Article 25. Organizational Model of University Types

1. The organizational model of universities includes:

a) School Council;

b) Director and Deputy Directors;

c) Member universities; faculties directly under the university;

d) Scientific and technological organizations directly under;

đ) Functional departments directly under;

e) Scientific Council; other advisory councils established by the Director;

g) Communist Party of Vietnam organization;

h) Social organizations and associations;

i) Training service organizations, production and business service organizations.

Member universities of a university do not have a School Council.

2. The organizational model of universities and academies includes:

a) School Council;

b) Principal and Deputy Principals for universities; Director and Deputy Directors for academies;

c) Faculties; departments belonging to universities and academies;

d) Departments within faculties. Some specialized universities and academies may only have faculties or departments directly under the university;

đ) Scientific Council; other advisory councils established by the university Principal or academy Director;

e) Functional departments;

g) Scientific and technological organizations; training service organizations, scientific research and technological organizations; production and business service organizations;

h) Communist Party of Vietnam organization;

i) Social organizations and associations.

3. The organizational model of National Universities shall be implemented according to specific regulations.

4. Private universities also have specific regulations reflected in the Regulations on Organization and Operation of Private Universities.

Article 26. Higher education institutions implement continuing education programs to issue college graduation certificates and university graduation certificates.

1. Higher education institutions assigned the task of implementing continuing education programs to issue college graduation certificates and university graduation certificates must ensure the following conditions:

a) Having established a continuing education program for vocational training at the college and university levels that meets the requirements of regular education;

b) Having a teaching staff sufficient in number, meeting standards, and having a balanced structure to simultaneously perform regular education and continuing education tasks;

c) Having material facilities and equipment that meet the requirements for simultaneously performing regular education and continuing education tasks.

2. When implementing continuing education programs to issue college graduation certificates and university graduation certificates, higher education institutions have the responsibility to establish admission quotas, organize admissions, and organize training processes that are suitable to their training capacity, ensuring the completion of their training tasks with quality.

3. In cases of joint training with other educational institutions, the higher education institution (the main training institution) may only link with other educational institutions such as universities, colleges, secondary schools, and provincial continuing education centers provided that these institutions meet the requirements regarding material facilities, equipment, and management personnel appropriate to the specific training fields. Joint training is carried out based on joint training contracts; the main training institution bears full responsibility for joint training.

4. The Minister of Education and Training assigns the task of implementing continuing education programs to issue college graduation certificates and university graduation certificates to higher education institutions that meet the conditions stipulated in Clause 1 of this Article; provides detailed regulations, guidance, and supervision of the implementation of continuing education programs to issue college graduation certificates and university graduation certificates by higher education institutions, ensuring compliance with the provisions of Article 12 of this Decree.

Article 27. School Charter, Regulations on Organization and Operation of Educational Institutions

1. The school charter applies uniformly to all types of schools at one or several educational levels and training degrees. The school charter must fully reflect the main contents prescribed in Article 52 of the Education Law, specifying the criteria for equipment and material facilities for teaching and learning, the ratio between teachers and students, and the structure of the teaching staff and educational management personnel for each educational level and training degree.

2. The regulations on organization and operation of the school include specific provisions to implement the school charter for a particular type of school.

3. The regulations on organization and operation of other educational institutions apply to one or several educational institutions specified in Point b, Clause 1, Article 69 of the Education Law, which belong to public, private, and private-for-profit types. The regulations on organization and operation of educational institutions specify: the tasks and powers of the educational institution; organization of educational activities; the tasks and rights of teachers; the tasks and rights of students; organization and management of the educational institution; financial resources and assets of the educational institution; relationships between the educational institution and the families of students and society.

4. The authority to promulgate the school charter, regulations on organization and operation of the school, and regulations on organization and operation of other educational institutions is as follows:

a) The Prime Minister promulgates the school charter of universities and the regulations on organization and operation of private universities; the regulations on organization and operation of national universities;

b) The Minister of Education and Training, in coordination with the Minister of Labor, Invalids, and Social Affairs, promulgates the school charter of colleges and the school charter of secondary vocational schools;

c) The Minister of Education and Training promulgates the school charter of general education schools with multiple levels, high schools, and junior high schools; primary schools, kindergartens, and nurseries; regulations on organization and operation of universities; regulations on organization and operation of private schools at the college and intermediate vocational levels, and general education levels; regulations on organization and operation of private kindergartens and nurseries; regulations on organization and operation of specialized schools;

d) The Minister of Labor, Invalids, and Social Affairs promulgates the regulations on organization and operation of private schools at the intermediate vocational and advanced vocational levels;

đ) The authority to promulgate the regulations on organization and operation of other educational institutions specified in Clause 3 of Article 69 of the Education Law.

Article 28. Conversion of Types of Educational Institutions

1. The conversion of public-private partnership and private educational institutions established before January 1, 2006 to other types shall be regulated as follows:

a) For preschool education: In areas with particularly difficult socio-economic conditions, public-private partnership educational institutions will convert to public educational institutions; in other areas, public-private partnership educational institutions will convert to private or independent educational institutions; in cases where the private status is maintained, it must comply with the provisions stipulated in Clause 2, Article 18 of this Decree.

b) For general education: Public-private partnership and private educational institutions will convert to independent educational institutions. In cases where some public-private partnership educational institutions are converted to public institutions, the People's Committee at the provincial level shall submit for consideration and decision by the People's Council at the same level.

c) For vocational and higher education: Public-private partnership and private educational institutions will convert to independent educational institutions.

2. The Prime Minister shall stipulate the principles for converting the types of public-private partnership and private higher educational institutions established before January 1, 2006; the Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs, within their respective authorities, shall stipulate the procedures and formalities for converting the types of public-private partnership and private educational institutions at various levels and training qualifications to public, private, or independent educational institutions.

Chapter V

POLICIES FOR TEACHERS

Article 29. Recruitment, Management, and Transfer of Teachers

1. Teacher recruitment must comply with the provisions stipulated in Articles 70 and 77 of the Education Law.

2. The Minister of Education and Training, the Minister of Labor, Invalids and Social Affairs, within their respective authorities, shall take the lead and coordinate with the Minister of Home Affairs to guide educational institutions on teacher recruitment, management, and participation in the transfer process by competent state agencies for teachers and staff working at public educational institutions; stipulate the work regulations for teachers at various educational levels and training qualifications.

3. Private and independent educational institutions shall implement teacher recruitment and management according to the provisions stipulated in Clause 2, Article 65 of the Education Law.

Article 30. Enhancing Qualifications and Professional Training for Teachers

Individuals who have completed various training qualifications but have not undergone pedagogical training must receive pedagogical training.

The Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs, within their respective authorities, shall stipulate the program, content, methods, organizational forms, and duration of pedagogical training for individuals who have not undergone such training; stipulate the rules for enhancing and improving teacher qualifications; stipulate the conditions for educational institutions to organize training and issue Pedagogical Training Certificates.

Teachers sent for further education and professional training shall enjoy full salary and allowances throughout the study period.

Article 31. Invited Lectures

Invited lectures refer to the act of an educational institution inviting a teacher or a person meeting the teacher's criteria from another place to give lectures. Educational institutions are encouraged to invite domestic teachers and scientists, Vietnamese scientists residing abroad, and foreign experts to lecture at Vietnamese schools under the invited lecture system.

The Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs, within their respective authorities, shall stipulate specific rules for the invited lecture system.

Article 32. Bestowing the title of Honorary Doctorate

1. The title of Honorary Doctorate shall be bestowed upon political and social activists with international prestige, Vietnamese educators and scientists residing abroad, and foreigners who have made significant contributions to Vietnam's education and science事业。

2. Universities entrusted with doctoral training programs have the right to bestow the title of Honorary Doctorate.

The honorary doctorate certificate must follow the model of a doctoral certificate; instead of "Doctoral Degree," it should state "Honorary Doctorate Title" of the university.

3. The Minister of Education and Training shall provide guidance on the procedures for bestowing the title of Honorary Doctorate.

Chapter VI

POLICIES FOR STUDENTS

Article 33. Recipients of Scholarships, Subsidies, and Tuition Waivers

1. Recipients eligible for scholarships to encourage academic achievement:

a) Students achieving excellent academic results at specialized schools and talent schools;

b) Learners obtaining good grades or higher in both academics and discipline at vocational education institutions and universities.

2. Recipients of policy-based scholarships:

a) Students in the special recruitment system;

b) Students at preparatory universities and boarding secondary schools for ethnic minorities;

c) Trainees at vocational schools for war invalids, disabled persons, and those with disabilities.

3. Recipients eligible for subsidies, tuition waivers, and preferential admission:

a) War invalids, wounded veterans, and those receiving benefits equivalent to war invalids;

b) Heroes of the Armed Forces, Labor Heroes, and individuals with outstanding achievements in labor, study, production, and combat;

c) Children of martyrs, children of war invalids, children of those receiving benefits equivalent to war invalids, children of Heroic Mothers of Vietnam, children of Heroes of the Armed Forces, children of Labor Heroes, children of those who contributed to the revolution, children of people affected by Agent Orange, children of those involved in revolutionary activities, anti-war activities, national liberation, national defense, and international missions, children of those involved in revolutionary activities before January 1, 1945, or from January 1, 1945 to August 19, 1945, prior to the General Uprising;

d) Ethnic minority residents in areas with particularly difficult economic and social conditions;

đ) Students whose parents are registered residents in highland mountainous regions (excluding cities, towns, and market towns) and remote island areas;

e) Orphans without guardianship;

g) Disabled persons and those with disabilities facing economic difficulties;

h) Individuals with exceptionally difficult circumstances but striving to overcome them through study;

i) Students whose parent has been injured at work and receives regular compensation;

k) Students from households classified as poor according to the State's general regulations.

4. Exempted from paying tuition fees:

a) Elementary school students at public schools;

b) Students at teacher training schools and those enrolled in teacher training courses.

5. Students at teacher training schools and those enrolled in teacher training courses, as specified in Clauses 1, 2, and 3 of this Article, shall be given priority in scholarship and social assistance applications.

6. The Prime Minister shall stipulate the criteria, levels, and procedures for awarding policy-based scholarships and tuition waivers. The Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs, within their respective jurisdictions, shall specify the criteria, levels, and procedures for preferential admissions; and the criteria, levels, and procedures for awarding scholarships to encourage academic achievement.

The Minister of Labor, Invalids, and Social Affairs shall stipulate social assistance for students.

Article 34. Policy for children at preschool education facilities

Children at preschool education facilities shall be nurtured, cared for, educated, and protected in accordance with the provisions of the Education Law, the Law on Protection, Care, and Education of Children, and other relevant laws.

The Ministry of Education and Training shall promulgate goals, plans, and preschool education programs that are suitable for the psychological and physical development of children. People's Committees at all levels shall be responsible for directing the development of preschool education based on the socio-economic development plan and the demand for preschool education in their localities; expanding the system of kindergartens and preschool classes throughout all residential areas; prioritizing investment in preschool education in communes with particularly difficult socio-economic conditions and ethnic minority regions.

Educational management levels shall be responsible for managing and monitoring the implementation of children's rights at preschool education facilities in accordance with Clause 1 of Article 84 of the Education Law; coordinating with health agencies, women's associations at various levels, the Population, Family, and Youth Committee, and parent-teacher associations to guide the nurturing, care, and education of children, enhance the dissemination of knowledge on child-rearing, implement disease prevention measures, conduct regular health check-ups for children in preschool education facilities, ensuring that children develop comprehensively in a healthy and safe educational environment.

Article 35. Creating Conditions for the Development of Talents of Students

1. Educational institutions shall be responsible for identifying and fostering students with talents, creating favorable conditions for students with talents to develop their abilities based on ensuring comprehensive education.

2. The Minister of Education and Training, the Minister of Culture, Sports and Tourism, the General Department of Physical Culture and Sports, and the People's Committees of provinces and centrally-run cities shall be responsible for prioritizing the allocation of teachers, infrastructure, equipment, and budgets for specialized schools and talent schools established by the state under their jurisdiction.

3. Students at art and sports talent schools shall enjoy special incentives. The Minister of Finance shall take the lead, in coordination with the Minister of Culture, Sports and Tourism, the Director-General of the General Department of Physical Culture and Sports, and the Minister of Education and Training, to formulate incentive policies for students at talent schools and preferential policies for investment in talent schools established by organizations or individuals, to be submitted to the Prime Minister for decision.

Article 36. Creating Learning Conditions for Persons with Disabilities

1. Students who are persons with disabilities shall study in separate classes or integrated classes, be eligible for scholarships, allowances, and exemptions or reductions in tuition fees as stipulated in Clause 3 of Article 33 of this Decree, and be eligible for free textbooks and necessary learning materials.

2. The Minister of Labor, Invalids, and Social Affairs shall take the lead, in coordination with relevant ministries and sectors, to develop mechanisms and policies to prioritize and incentivize schools and classes for persons with disabilities established by the state or by organizations or individuals, aimed at helping persons with disabilities recover functions, learn culture, vocational skills, integrate into society, to be submitted to the Prime Minister for decision.

The Minister of Education and Training shall specify the organization of integration for persons with disabilities to study in educational facilities within the national education system.

Article 37. Exemption and reduction of fees for public services for students

Students are entitled to exemption and reduction of fees when using public services related to transportation, entertainment, and visiting museums, historical sites, and cultural works in accordance with regulations.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Education and Training and relevant ministries and sectors to stipulate the procedures for exempting and reducing fees for students when using public services.

Chapter VII

QUALITY EDUCATION ASSESSMENT ORGANIZATIONS

Article 38. State Management of Educational Quality Assurance Work

1. The tasks of state management of educational quality assurance work include:

a) Issuing regulations on standards for evaluating educational quality; on the process of educational quality assurance; on principles of operation, conditions, and standards for organizations and individuals participating in educational quality assurance activities; on licensing for educational quality assurance activities;

b) Managing the quality assurance of education programs and educational institutions;

c) Guiding organizations, individuals, and educational institutions to participate in educational quality assurance activities;

d) Inspecting, supervising, and evaluating the implementation of regulations on educational quality assurance.

2. The Minister of Education and Training and the Minister of Labor, Invalids, and Social Affairs, within their respective authorities, shall issue state management documents on educational quality assurance; stipulate conditions for establishment, functions, tasks, and powers of quality assurance organizations; stipulate cycles of educational quality assurance at each level of education and training; direct educational quality assurance.

Article 39. Organizations for Management and Educational Quality Assurance

1. Organizations for management and educational quality assurance include:

a) Quality assurance management agencies established by the state;

b) Independent educational quality assurance organizations of the state or established by social occupational organizations.

2. Educational quality assurance organizations shall conduct quality assurance of education programs and educational institutions based on the following principles:

a) Independence, objectivity, compliance with laws;

b) Honesty, transparency, openness.

Article 40. Results of Quality Assurance of Education Programs and Institutions

1. The results of quality assurance of education programs and institutions serve as the basis for recognizing or not recognizing educational institutions and programs as meeting quality standards. The results of quality assurance shall be publicly announced for society to know and supervise.

2. Educational institutions have the right to appeal, report, or sue competent state agencies regarding decisions, conclusions, and actions of organizations and individuals performing educational quality assurance tasks if there is evidence that such decisions, conclusions are incorrect, and such actions violate the law.

Chapter VIII

ENSURING FINANCIAL CONDITIONS FOR EDUCATION

Article 41. State Budget for Education

The preparation of budget estimates, allocation, and management of the state budget for education shall be carried out according to the principles stipulated in Article 102 of the Education Law. The Minister of Education and Training shall cooperate with the heads of relevant ministries and sectors to establish technical standards for the education sector as the basis for preparing budget estimates, allocating, and managing the state budget for education.

Annually, the Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs shall cooperate with the Ministry of Finance and the Ministry of Planning and Investment to prepare budget estimates, develop plans for allocation and management of the state budget for education in accordance with the law on the state budget.

Article 42. Educational Credit, Scholarship Fund, Education Support Fund

1. Educational credit is a non-profit activity to allow students from low-income families to borrow money for their studies, enjoying preferential interest rates and repayment terms.

Educational credit is organized by the Social Policy Bank and implemented in accordance with the laws on credit for the poor and other policy targets.

2. The scholarship fund and education support fund are funds established voluntarily by organizations and individuals, operating on a non-profit basis to assist, encourage, reward, and motivate learners, provide financial assistance to learners, and contribute to the development of education.

Chapter IX

IMPLEMENTING PROVISIONS

Article 43. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are abolished.

Article 44. Responsibility for Implementing the Decree

1. The Minister of Education and Training shall provide guidance on the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related agencies are responsible for implementing this Decree./.