Decree No. 85/2006/ND-CP On the organization and operation of Educational Inspectors

DECREE

On the organization and operation of Educational Inspection

__________________

THE GOVERNMENT

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

Based on the Inspection Law dated June 15, 2004;

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. Position and functions of Educational Inspection

1. Educational Inspection is organized at the central level under the Ministry of Education and Training and at the local level under the Department of Education and Training of provinces and centrally-administered cities.

2. Educational Inspection performs administrative inspection and specialized inspection within the scope of state management over education as prescribed by law.

Article 2. Objects of Educational Inspection

1. Agencies, organizations, and individuals directly under the management of state agencies responsible for education.

2. Vietnamese agencies, organizations, and individuals, and foreign organizations and individuals participating in educational activities in Vietnam. In cases where international treaties to which Vietnam is a party provide differently from this Decree, the provisions of such international treaties shall apply.

3. Agencies, organizations, and individuals operating in vocational training not falling within the objects of Educational Inspection.

Article 3. Principles of Operation of Educational Inspection

1. Educational inspection activities must comply with the law, ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; they must not hinder the normal operations of inspected agencies, organizations, and individuals and those related to them.

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the head of the inspection team, the inspector, and members of the inspection team must comply with the laws on inspection and the provisions of this Decree; they must be accountable under the law for their actions and decisions.

Chapter II

ORGANIZATION, TASKS, POWERS

OF EDUCATIONAL INSPECTION

Article 4. Organization of Educational Inspection

1. Educational Inspection is organized as follows:

a) The Inspectorate of the Ministry of Education and Training (hereinafter referred to as the Inspectorate of the Ministry);

b) The Inspectorate of the Department of Education and Training of provinces and centrally-administered cities (hereinafter referred to as the Inspectorate of the Department).

2. The Inspectorate of the Ministry and the Inspectorate of the Department have separate seals and bank accounts.

Article 5. Inspectorate of the Ministry

1. The Inspectorate of the Ministry is an agency of the Ministry of Education and Training, responsible for assisting the Minister in managing state affairs regarding inspection; performing tasks and exercising powers of administrative inspection and specialized inspection within the scope of the Ministry's state management.

2. The Inspectorate of the Ministry has a Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the Ministry is appointed, relieved, or dismissed by the Minister of Education and Training after consultation with the General Inspector.

The Deputy Chief Inspector of the Ministry is appointed, relieved, or dismissed by the Minister of Education and Training upon the proposal of the Chief Inspector of the Ministry.

Inspectors are appointed or relieved according to the provisions of the law.

3. The Inspectorate of the Ministry has specialized departments established by the Minister of Education and Training.

4. The Minister of Education and Training specifies in detail the functions, tasks, organizational structure, and staffing of the Inspectorate of the Ministry.

Article 6. Duties and Authorities of the Inspectorate of the Ministry

1. Implementing the tasks and powers stipulated in Clause 1 of Article 111, Article 112 of the Education Law and Article 25 of the Inspection Law within the scope of the Ministry of Education and Training's state management.

2. Managing specialized educational inspection activities within the scope of the Ministry of Education and Training's state management; organizing guidance and training in specialized inspection for the Inspectorate of the Department.

3. Taking the lead and participating in drafting normative legal documents assigned by the Minister of Education and Training.

4. Monitoring, urging, and supervising the implementation of inspection conclusions, recommendations, and administrative penalty decisions made by the Inspectorate of the Ministry.

5. Summoning Inspectors, educational inspection collaborators, officials, and civil servants of specialized agencies under provincial and centrally-administered city People's Committees, and relevant agencies and units to participate in inspection teams.

6. Recommending state agencies and persons with authority to suspend or revoke regulations contrary to education laws discovered through inspection work.

7. Summarizing experiences, building inspection procedures within the scope of the Inspectorate of the Ministry's state management.

Article 7. Duties and Authorities of the Head of the Inspectorate of the Ministry

1. Performing the tasks and powers stipulated in Articles 26 and 47 of the Inspection Law.

2. Recommending the Minister of Education and Training to handle overlapping and repetitive programs, plans, and contents of inspection and supervision within the scope of the Ministry of Education and Training's state management; advising the Minister to coordinate with the Chairman of the Provincial People's Committee to resolve overlapping and repetitive programs, plans, and contents of inspection and supervision in the province or centrally-administered city.

3. Monitoring, urging, and supervising the implementation of inspection conclusions, recommendations, and decisions within the responsibility of heads of agencies and units under the Ministry of Education and Training's management.

4. Guiding and urging heads of agencies and units under the Ministry of Education and Training's management to implement laws on inspection; coordinating with heads of agencies and units under the Ministry of Education and Training to direct and guide internal inspection activities in these agencies and units.

5. Inspecting and supervising the fulfillment of responsibilities by heads of agencies and units under the Ministry of Education and Training's management in implementing laws on inspection.

6. Reporting to the Minister of Education and Training and the General Inspector on inspection work within their respective responsibilities.

Article 8. Provincial Inspectorate

1. The Provincial Inspectorate is an organ of the Department of Education and Training, responsible for assisting the Director in performing administrative inspection and specialized inspection tasks within the scope of the Director's duties and powers as stipulated in Article 111, Article 112 of the Education Law and Article 28 of the Inspection Law, concerning the objects specified in Article 2 of this Decree, within the provincial management authority of the Department of Education and Training.

2. The Provincial Inspectorate consists of the Chief Inspector, Deputy Chief Inspector, and Inspectors.

The Chief Inspector of the Provincial Inspectorate is appointed, relieved of duty, or dismissed by the Director of the Department of Education and Training after consultation with the Chief Inspector of the province.

The Deputy Chief Inspector of the Provincial Inspectorate is appointed, relieved of duty, or dismissed by the Director of the Department of Education and Training upon the proposal of the Chief Inspector of the Provincial Inspectorate.

Inspectors are appointed or relieved according to the provisions of the law.

3. The Director of the Department of Education and Training shall define the functions, tasks, and organizational structure of the Provincial Inspectorate.

The staffing of the Provincial Inspectorate is determined by the Director of the Department of Education and Training within the total staffing of the Department of Education and Training.

Article 9. Duties and Authorities of the Department Inspector

1. Implementing the tasks and powers prescribed in Clause 1 of Article 111, Article 112 of the Education Law and Article 28 of the Inspection Law for the objects specified in Article 2 of this Decree, within the provincial state management authority of the Department of Education and Training.

2. Managing specialized education inspection activities at the local level; organizing guidance and training for specialized inspection skills for Inspectors and educational inspection collaborators according to the guidelines of the Ministry Inspectorate and the provincial Inspectorate.

3. Monitoring, inspecting, and urging the implementation of inspection conclusions, recommendations, and decisions on administrative penalties issued by the Provincial Inspectorate.

4. Requesting relevant agencies and units to assign officials and civil servants to participate in inspection teams.

5. Recommending to state agencies and competent authorities to suspend the enforcement or revoke regulations that contravene national legal documents or regulations on education issued by the Minister of Education and Training discovered through inspection work.

6. Summarizing and drawing lessons from local education inspection activities.

Article 10. Duties and Authorities of the Head of the Department Inspector

1. Performing tasks and powers as prescribed in Articles 29 and 47 of the Inspection Law.

2. Leading and directing inspection work, guiding and inspecting the inspection activities of organs and units under the management of the Director of the Department of Education and Training.

3. Monitoring, inspecting, and urging the implementation of inspection conclusions, recommendations, and decisions on administrative penalties within the responsibility of heads of organs and units under the management of the Department of Education and Training.

4. Inspecting and checking the responsibility of heads of organs and units under the management of the Department of Education and Training in implementing laws on inspection.

5. Reporting to the Director of the Department of Education and Training, the Chief Inspector of the province, and the Chief Inspector of the Ministry of Education and Training on inspection work within their respective responsibilities.

Chapter III

EDUCATIONAL INSPECTORS AND COLLABORATORS

EDUCATIONAL INSPECTION

Article 11. Educational Inspectors

1. An educational inspector is a state civil servant appointed to the inspector rank to perform inspection tasks in the field of education.

2. An educational inspector must meet the general standards for inspectors as stipulated in Article 31 of the Inspection Law and other relevant legal provisions.

3. An educational inspector has duties and powers as prescribed in Clause 1 of Article 40 and Article 50 of the Inspection Law, and other duties and powers as prescribed by law.

4. An educational inspector is provided with uniforms, inspector identification cards, and receives salaries and allowances as prescribed by law.

Article 12. Education Inspector Collaborators

1. Education inspector collaborators are individuals not included in the establishment of the education inspection agency, who are summoned to perform inspection tasks at the request of the inspection agency or competent authority.

Education inspector collaborators are subject to the assignment of the head of the inspection agency and the Chief of the Inspection Team.

2. Education inspector collaborators are individuals with expertise and vocational skills appropriate for inspection tasks, who are summoned to participate in inspections and audits.

3. The summoning, specific standards, treatment, and responsibilities of education inspector collaborators shall be carried out in accordance with the provisions of the law.

Chapter IV

ACTIVITIES OF EDUCATION INSPECTION

Article 13. Administrative inspection activities

1. Inspect the implementation of policies, laws, and assigned tasks concerning agencies, organizations, and individuals specified in Clause 1, Article 2 of this Decree.

2. Administrative inspection activities are conducted in accordance with the provisions from Article 34 to Article 44 of the Inspection Law and guiding documents implementing the Inspection Law.

Article 14. Specialized inspection activities

1. Inspect the implementation of specialized policies and laws on education concerning agencies, organizations, and individuals specified in Clause 2, Article 2 of this Decree.

2. Perform specialized education inspection tasks as prescribed in Clause 2, Article 111 of the Education Law, specifically as follows:

a) Inspect the implementation of policies and laws on education;

b) Inspect the implementation of educational goals, plans, programs, contents, methods, professional regulations, examination regulations, issuance of certificates and diplomas; the implementation of regulations ensuring necessary conditions for educational quality at educational institutions;

c) Carry out tasks of handling complaints and reports in the field of education in accordance with the law on complaints and reports;

d) Administer administrative penalties in the field of education in accordance with the law on administrative penalty enforcement;

đ) Carry out tasks of preventing and combating corruption in the field of education in accordance with the law on anti-corruption;

e) Propose measures to ensure compliance with laws on education; propose amendments and supplements to national policies and regulations on education;

g) Perform other tasks as prescribed by law.

3. Specialized education inspection activities are carried out in accordance with the provisions from Article 45 to Article 52 of the Inspection Law and other relevant laws.

Article 15. Forms of Inspection

1. Inspection activities are conducted in the form of planned inspections according to programs and schedules and surprise inspections.

2. Planned inspections are carried out according to approved programs and schedules.

3. Surprise inspections are conducted when agencies, organizations, or individuals show signs of violating laws, in response to complaint and report resolution requirements, or upon assignment by the competent state management authority.

Article 16. Methods of Inspection Activities

1. Inspections are conducted through inspection teams or individual inspectors.

2. Inspection teams and inspectors operate in accordance with the Inspection Law and guiding documents implementing the Inspection Law.

3. Inspection must be conducted based on a decision by the head of the education inspection agency or the competent state management agency.

4. The Chief of the Inspection Team and Inspectors must be responsible before the law and the person issuing the inspection decision for their decisions and measures.

5. When handling violations, the Chief of the Inspection Team and Inspectors must fully comply with the procedures prescribed by law.

Article 17. Handling complaints and reports in inspection activities

The handling of complaints and reports in inspection activities shall be carried out in accordance with the provisions of Articles 49 and 50 of Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain articles of the Inspection Law (hereinafter referred to as Decree No. 41/2005/NĐ-CP) and other relevant legal documents.

Chapter V

RIGHTS, OBLIGATIONS, RESPONSIBILITIES

AND RELATIONSHIPS OF ORGANIZATIONS, ENTITIES, INDIVIDUALS

IN EDUCATIONAL INSPECTION ACTIVITIES

Article 18. Responsibilities of the Minister of Education and Training, Chairpersons of Provincial People's Committees under the Central Government, and Directors of Departments of Education and Training for educational inspections

1. The Minister of Education and Training shall have the responsibility to improve the organizational structure of the Ministry’s Inspection Department; organize and direct the activities of educational inspections within the scope of the Ministry of Education and Training’s state management; regularly direct and ensure conditions for the operation of the Ministry’s Inspection Department; promptly handle inspection conclusions and recommendations.

2. The Chairperson of the Provincial People's Committee under the Central Government shall have the responsibility to direct the Director of the Department of Education and Training to improve the organizational structure and ensure material conditions, technical equipment, and uniforms for the Department’s Inspection Department.

3. The Director of the Department of Education and Training shall have the responsibility to advise the Chairperson of the Provincial People's Committee under the Central Government on improving the organizational structure of the Department’s Inspection Department; regularly direct and ensure conditions for the operation of the Department’s Inspection Department; promptly handle inspection reports, conclusions, and recommendations.

Article 19. Responsibilities of heads of administrative and public service agencies in educational inspection activities as stipulated in Clause 2 of Article 113 of the Education Law

1. Educational inspection activities at the district level shall be directly managed by the Head of the District Department of Education and Training according to the guidance and direction of the Provincial Inspection Department.

2. Educational inspection activities in vocational colleges and higher education institutions shall be directly managed by the Rector or head of the institution according to the regulations of the Minister of Education and Training.

Article 20. Tasks, powers, and responsibilities of the person issuing the inspection decision, the Head of the Inspection Team, and members of the Inspection Team

1. The person issuing the inspection decision must perform tasks, powers, and responsibilities as prescribed in Articles 42, 43, and 52 of the Inspection Law, Clause 3 of Article 26, Articles 27, 28, 30, 31, 32, 33, and 35, and Article 36 of Decree No. 41/2005/NĐ-CP and other relevant legal provisions.

2. When performing administrative inspection tasks, the Head of the Inspection Team shall have tasks, powers, and responsibilities as prescribed in Article 39 of the Inspection Law, Clauses 1 and 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, and 34 of Decree No. 41/2005/NĐ-CP and other relevant legal provisions.

When performing specialized inspection tasks, the Head of the Inspection Team shall have tasks, powers, and responsibilities as prescribed in Article 49 of the Inspection Law, Clauses 1 and 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, 34, and 35 of Decree No. 41/2005/NĐ-CP and other relevant legal provisions.

3. When performing administrative inspection tasks, Inspectors who are members of the Inspection Team shall have tasks, powers, and responsibilities as prescribed in Clause 1 of Article 40 of the Inspection Law, Clause 1 of Article 26, and Articles 27 and 28 of Decree No. 41/2005/NĐ-CP and other relevant legal provisions.

When performing specialized inspection tasks, Inspectors who are members of the Inspection Team shall have tasks, powers, and responsibilities as prescribed in Article 50 of the Inspection Law, Clause 1 of Article 26, and Articles 27 and 28 of Decree No. 41/2005/NĐ-CP and other relevant legal provisions.

4. During the inspection process, other members of the Inspection Team shall perform tasks, powers, and responsibilities as prescribed in Clause 2 of Article 40 of the Inspection Law and Clause 1 of Article 26 of Decree No. 41/2005/NĐ-CP.

Article 21. Rights, obligations, and responsibilities of the inspected entity; responsibility of agencies, organizations, and individuals related to the inspection

1. The inspected entity has rights, obligations, and responsibilities as prescribed in Clause 1 of Article 8, Articles 53 and 54 of the Inspection Law, and Articles 25, 27, 28, 29, 30, 31, 32, 33, 35, 36, 45, 46, and Clause 2 of Article 51 of Decree No. 41/2005/NĐ-CP.

2. Agencies, organizations, and individuals with information and documents related to the inspection content must provide them fully and promptly according to the requirements of the inspection agency and bear responsibility for the accuracy and truthfulness of the provided information and documents. The provision, use, and management of information and documents containing state secrets shall be carried out in accordance with the laws on protecting state secrets.

Article 22. Coordination relationships in educational inspection activities

1. The Ministry's Inspectorate is directly managed and directed by the Minister of Education and Training and guided on work, organization, and administrative inspection business by the Government Inspectorate; guides and supervises the inspection work in higher education institutions, vocational secondary schools, public service units, and state-owned enterprises under the Ministry of Education and Training; takes the lead and coordinates with Inspectorates of other Ministries, ministerial-level agencies, and government-affiliated agencies in specialized inspections at higher education institutions and vocational secondary schools under those Ministries, ministerial-level agencies, and government-affiliated agencies; directs or leads and coordinates with Inspectorates of Provincial Departments in specialized inspections at higher education institutions and vocational secondary schools under provincial People's Committees and centrally-administered municipal People's Committees.

2. The Inspectorate of Provincial Departments is directly managed and directed by the Director of the Department of Education and Training and guided on work, organization, and administrative inspection business by the Provincial Inspectorate and on specialized inspection business by the Ministry's Inspectorate.

3. Educational Inspectorates within their scope of duties and powers have the responsibility to coordinate with police agencies, prosecution offices, and related agencies and organizations in inspecting, checking, preventing, detecting, and handling violations of law in educational activities.

4. Police agencies, prosecution offices, other specialized inspectorates, People's Committees at all levels, and related agencies and organizations within their scope of duties and powers have the responsibility to coordinate with educational inspectorates in preventing, detecting, and handling violations of law in educational activities.

Chapter VI

MATERIAL BASIS AND OPERATING EXPENSES

Article 23. Material Basis and Technical Equipment

1. Educational Inspectorates are allocated office space, equipped with communication devices, inspection tools, and other technical equipment to serve inspection work.

2. The Minister of Education and Training shall specify detailed standards for technical equipment, management, and utilization to serve inspection work.

Article 24. Operating Expenses

1. The operating expenses of educational inspectorates are funded from the State budget and other sources as prescribed by law.

2. The allocation, management, and use of operating expenses of educational inspectorates shall comply with the provisions of the State Budget Law and relevant legal documents.

Chapter VII

REWARD AND VIOLATION HANDLING

Article 25. Awards

Organizations and individuals who achieve outstanding results in educational inspection activities shall be rewarded in accordance with the provisions of the law.

Article 26. Handling Violations

Inspectors issuing inspection decisions, Heads of Inspection Teams, Inspectors, other members of Inspection Teams, inspected entities, and other agencies, organizations, and individuals who commit violations of law during inspection activities shall be subject to handling according to the provisions of Article 51 of Decree No. 41/2005/NĐ-CP and other relevant legal documents depending on the nature and severity of the violation.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Decree takes effect fifteen days after its publication in the Official Gazette.

2. This Decree replaces Decree No. 101/2002/NĐ-CP dated December 10, 2002, of the Government on the organization and operation of educational inspectorates. Previous regulations contrary to this Decree are abolished.

Article 28. Responsibility for Implementation

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 directly under the central government shall be responsible for enforcing this Decree./.