Decree No. 85/2003/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training

DECREE

Specifies the functions, tasks, powers, and organizational structure of the Ministry of Education and Training

According to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the first session of the Eleventh National Assembly, which stipulates the list of ministries and ministerial-level agencies of the Government;

______________

THE GOVERNMENT

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

The Ministry of Education and Training is an agency of the Government responsible for managing state affairs in education including: preschool education, general education, vocational secondary education, higher education, postgraduate education, and non-formal education; managing state services within the sectors under the Ministry's jurisdiction; representing the State's ownership interest in enterprises with state capital within the Ministry's management scope in accordance with the law.

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal of the Minister of Education and Training and the Minister of Interior,

DECREE:

Article 1. Position and Functions

The Ministry of Education and Training is responsible for performing tasks and exercising powers as prescribed in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

Article 2. Tasks and Powers

1. Submitting draft laws, ordinances, and other draft regulatory legal documents, strategies, plans, and programs of the Ministry of Education and Training to the Government and the Prime Minister;

2. Issuing decisions, directives, and circulars within the scope of the Ministry's state management authority;

3. Directing, guiding, inspecting, and being responsible for organizing the implementation of regulatory legal documents, strategies, plans, and national programs after approval, and other legal documents within the Ministry's jurisdiction; promoting, disseminating, educating about the law, and providing information on education;

4. On preschool education:

a) Issuing curricula and teaching methods for preschool education; issuing regulations on organization and operation, and charter of preschool schools;

b) Guiding and inspecting provincial People's Committees and municipal People's Committees directly under the Central Government in their performance of state management functions in preschool education according to the division of labor by the Government.

5. On general education:

a) Submitting proposals to the Government on reforming the content and curriculum of general education;

b) Submitting the national target program on universalizing general education to the Prime Minister;

c) Directing the implementation of reforms in the content and curriculum of general education and universalizing general education after approval by the competent authority;

d) Issuing regulations on organization and operation, and charters of primary schools, junior high schools, and high schools;

đ) Specifying the compilation, publication, printing, and distribution of textbooks; uniformly managing and organizing the compilation, review of general education textbooks based on the assessment of the National Textbook Assessment Council;

e) Guiding and inspecting provincial People's Committees and municipal People's Committees directly under the Central Government in their performance of state management functions in general education according to the division of labor by the Government.

6. On vocational secondary education:

a) Submitting to the Government the structure of training programs, investment structure, and policies to ensure the quality of vocational secondary education training; directing and inspecting the implementation after approval;

b) Deciding on the list of vocational training professions; coordinating with relevant ministries to define the framework curriculum for vocational secondary education;

c) Issuing regulations on organization and operation, and charters of vocational secondary schools;

d) Guiding and inspecting ministries, ministerial-level agencies, government agencies, and provincial People's Committees and municipal People's Committees directly under the Central Government in their performance of state management functions in vocational secondary education according to the division of labor by the Government.

7. On higher education and postgraduate education:

a) Submitting to the Government: the structure of training programs, investment structure, and policies to ensure the quality of college, university, and postgraduate education training; directing, inspecting, and organizing the implementation after approval;

b) Submitting to the Prime Minister: the organizational model of universities; issuing charters of universities, regulations on private universities; planning the network of universities and colleges; defining procedures for establishing, merging, splitting, suspending operations, and dissolving universities and colleges, and the list of university and postgraduate training professions; specifying graduation certificates for postgraduate education in certain specialized fields; assigning postgraduate education training tasks to educational and research institutions; deciding on the establishment, merger, splitting, dissolution, and suspension of operations of universities; defining duties, powers, standards, and procedures for appointing and dismissing principals of universities and colleges;

c) Issuing regulations on organization and operation, and charters of colleges; deciding on the establishment, merger, splitting, dissolution, and suspension of operations of colleges and preparatory universities;

d) Defining the framework curriculum for higher education, content, and methods of postgraduate education training; leading and coordinating with ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees directly under the Central Government to inspect universities and colleges in developing training programs according to the framework curriculum issued by the Ministry of Education and Training, and inspecting postgraduate education training institutions in implementing training programs, content, and methods;

đ) Organizing the review and compilation of common textbooks for colleges and universities.

8. On non-formal education methods:

a) Issuing literacy programs;

b) Specifying curricula for obtaining diplomas from the national education system through part-time study, distance learning, and guided self-study.

9. Submitting to the Government and the Prime Minister:

a) Special systems and policies for teachers and educational managers;

b) Tuition fee frameworks, mechanisms for collecting and using tuition fees, and other incentive policies for students;

c) Regulations on the establishment and operation of foreign educational institutions in Vietnam;

d) Regulations on awarding honors to teachers and educational managers.

d) Provisions on conferring honorary titles to teachers and educational administrators.

10. Issue specific standards for teachers and educational administrators; regulations on training programs to enhance their professional qualifications and standardize their competencies.

11. Issue regulations on admissions, student management, including foreign exchange students studying in Vietnam and Vietnamese students studying abroad.

12. Establish quality assurance criteria and unify the management of educational quality assessments.

13. Specify procedures for issuing, revoking diplomas and certificates within the national education system; regulations on equivalence between domestic and foreign credentials.

14. Review and inspect the implementation of investment projects under the Ministry's jurisdiction as stipulated by law.

15. Implement international cooperation in the field of education as prescribed by law.

16. Organize and direct the implementation of research plans and the application of scientific and technological advancements in educational activities.

17. Decide on specific policies and measures and direct the operation mechanisms of public service organizations in the field of education as prescribed by law; manage and direct the activities of affiliated institutions.

18. Carry out specific tasks and powers related to representing state ownership interests in enterprises with state capital in the education sector under the Ministry's jurisdiction as prescribed by law.

19. Administer state management over the activities of associations and non-governmental organizations in the field of education as prescribed by law.

20. Inspect normative legal documents of relevant ministries, provincial People's Councils, and People's Committees concerning the education sector as prescribed by law.

21. Conduct inspections, handle complaints, investigate corruption and malpractice, and enforce violations of education laws within the Ministry's jurisdiction.

22. Decide and direct the implementation of the Ministry's administrative reform program according to the overall state administrative reform plan approved by the Prime Minister.

23. Manage organizational structures, staffing, and implement salary systems and incentive policies, rewards, and disciplinary actions for civil servants under the Ministry's jurisdiction; provide professional training and build a cadre of civil servants in the education sector.

24. Regarding financial and asset management:

a) Manage allocated finances and assets and organize the implementation of the budget as prescribed by law.

b) Coordinate with the Ministry of Planning and Investment and the Ministry of Finance to allocate the state budget for education; adjust detailed expenditures within the approved financial framework for education programs.

c) Coordinate with the Ministry of Finance to inspect ministries, agencies at the level of ministries, government agencies, and provincial people's committees regarding the use and management of education funds and other income sources as prescribed by law.

Article 3. The organizational structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Early Childhood Education Department;

2. Primary Education Department;

3. Secondary Education Department;

4. Vocational Education Department;

5. Higher Education and Postgraduate Education Department;

6. Lifelong Learning Department;

7. National Defense Education Department;

8. Student Affairs Department;

9. Planning and Finance Department;

10. International Cooperation Department;

11. Science and Technology Department;

12. Legal Affairs Department;

13. Cadre and Civil Servant Organization Department;

14. Office;

15. Inspectorate;

16. Examination and Quality Assurance Bureau.

b) Scientific and Technological Organizations under the Ministry:

1. Institute of Educational Strategy and Programs;

2. Information Technology Center;

3. Education and Times Newspaper;

4. Education Journal.

The Minister of Education and Training shall take the lead and coordinate with the Minister of Home Affairs to develop restructuring plans for other public institutions, public and private colleges and universities directly under the Ministry of Education and Training, to be submitted to the Prime Minister for decision. Until such decisions are made, these institutions will continue to operate according to current regulations.

Article 4. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 29/CP dated March 30, 1994, on the tasks, powers, and organizational structure of the Ministry of Education and Training, and any previous regulations that conflict with this Decree.

Article 5. Responsibility for Implementation

The Minister of Education and Training, ministers, heads of agencies at the ministerial level, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.