Decree No. 86/2022/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training

DECREE

Article 24Article defining the functions, tasks, powers, and organizational structure

of the Ministry of Education and Training

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Education and Training;

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

Article 1. Position and Functions

The Ministry of Education and Training is an agency of the Government, performing the function of state management over preschool education, general education, teacher training colleges, higher teacher training colleges, higher education, and continuing education regarding: objectives, curricula, contents, educational methods; examination regulations, enrollment, training, and diplomas and certificates; development of teaching staff and educational managers; textbooks, teaching materials, and learning resources; school facilities and equipment; ensuring quality and quality assurance in education; state management of the Vietnamese language and ethnic languages; state management of public services within the scope of the ministry's state management.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ministry of Education and Training performs the tasks and powers as prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP, and the following specific tasks and powers:

1. On laws

a) Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government according to the annual legislative program and plans and other resolutions, projects, and programs assigned by the Government and the Prime Minister;

b) Submit to the Government for comments on draft laws and ordinances proposed by agencies, organizations, and National Assembly deputies to the National Assembly and the Standing Committee of the National Assembly related to the ministry’s sector and field;

c) Submit to the Government for decisions on measures to implement the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President according to the assignment of the Government and the Prime Minister;

d) Submit to the Prime Minister draft decisions, directives, and other documents according to the assignment;

đ) Issue circulars and other documents on state management of the ministry’s sector and field; guide and inspect the implementation of these documents;

e) Issue joint circulars with the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy to regulate the coordination between the Ministry of Education and Training and the Supreme People's Court and the Supreme People's Procuracy in implementing procedural and trial procedures related to the ministry’s scope of state management;

g) Direct and organize the implementation of legal propaganda, dissemination, and education within the scope of the ministry’s state management;

h) Inspect regulatory documents issued by ministries, provincial People's Councils, and municipal People's Committees under the central government that are related to the ministry’s sector and field; if any provisions issued by these agencies are found to be contrary to regulatory documents within the ministry’s sector and field, make recommendations for handling according to the law.

2. On strategies, planning, and plans

a) Submit to the Government and the Prime Minister long-term, medium-term, and annual strategies, plans, national target programs, national programs, national action programs, and important national projects within the scope of the ministry’s state management; announce (excluding classified information) and organize the implementation of approved strategies, plans, and programs; mechanisms and policies to mobilize social resources for education and training, building a learning society, and分流后的第一部分是否准确翻译了原文内容？请直接回答“是”或“否”。

b) Submit to the Prime Minister for approval the planning of the network of higher education institutions and teacher training institutions; the planning of specialized educational facilities for persons with disabilities and systems of integration education support centers.

3. On objectives, curricula, and educational content

a) Guide and organize the implementation of educational objectives appropriate to the levels of education and training within the national education system under the Ministry's management scope;

b) Issue preschool education curricula; stipulate standards and procedures for compiling and revising preschool education curricula;

c) Issue general secondary education curricula; stipulate standards and procedures for compiling and revising general secondary education curricula; stipulate the volume of general knowledge for high school students who pursue intermediate level vocational education based on their completion of junior high school;

d) Specify regulations on continuing education programs;

đ) Specify regulations on the development, review, and issuance of university and college teacher training curricula; issue a list of university training fields;

e) Issue preparatory university training curricula.

4. On state management of the Vietnamese language and ethnic languages

a) Take the lead and coordinate with relevant ministries and sectors in building and submitting to the Government for issuance of regulations on policies for developing and preserving the Vietnamese language and ethnic languages;

b) Guide the learning of Vietnamese for foreign citizens and Vietnamese citizens abroad;

5. On textbooks, teaching materials, and reference books

a) Stipulate standards and the selection process for toys and learning materials used in preschool education institutions;

b) Stipulate standards and procedures for compiling and revising general secondary education textbooks; stipulate the selection process for textbooks in general secondary education institutions;

c) Stipulate regulations on textbooks, teaching materials, and reference materials for continuing education;

d) Stipulate the compilation, selection, review, approval, and use of teaching materials and coursebooks for higher education and college teacher training;

6. On examinations, testing, admissions, training, and diplomas and certificates

a) Submit to the Government for issuance of the system of higher education diplomas and regulations on equivalent levels of certain specialized training fields within the scope of the Ministry's state management;

b) Specify matters related to examinations, admissions, training, joint training programs, and management of diplomas and certificates within the national education system under the Ministry's state management;

c) Specify the recognition of diplomas issued by foreign educational institutions for use in Vietnam.

7. Regarding teachers and educational managers

a) Specify the job title standards, working conditions of teachers and educational managers; the list of job position frameworks and staffing quotas in educational institutions;

b) Specify the standards for heads and deputies of heads of preschools, primary and secondary schools, continuing education centers, and teacher colleges;

c) Issue professional standards for teachers; develop training programs based on occupational title standards for lecturers, teachers, and education sector staff;

d) Issue codes of conduct for teachers and educational institutions;

đ) Submit to the Prime Minister for the establishment of standards and procedures for appointing and dismissing titles of professor and associate professor;

e) Issue policies for teachers according to its authority or submit to competent authorities for issuance of policies for teachers; manage and guide the implementation of policies on training, development, and remuneration for teachers and educational managers under the Ministry's state management.

8. Regarding student management

a) Submit to the Government for issuance of policies for students within the scope of the Ministry's state management; coordinate with the Ministry of Finance to develop and submit to competent authorities for issuance of preferential credit policies for high school and university students;

b) Specify teaching and educational activities both inside and outside schools; regulations on assessment of academic performance and discipline; rewards and punishments for students.

9. Regarding management of physical facilities and school equipment

a) Develop and issue according to its authority or propose competent authorities to issue standards and usage quotas for physical facilities, libraries, and school equipment as prescribed by law;

b) Specify standards and usage quotas for specialized machinery and equipment and standards and usage quotas for specialized area usage of public works under the Ministry's state management.

10. Regarding financial management, property management, and public investment

a) Prepare annual budget estimates, three-year financial-state budget plans for the Ministry of Education and Training; allocate detailed annual budgets for the Ministry; exercise rights and responsibilities of the representative owner of state assets under the Ministry's state management as prescribed by law and government decentralization; coordinate with the Ministry of Finance in developing systems, standards, and usage quotas for state budget spending in the field of education and training; coordinate with the Ministry of Finance and relevant ministries and sectors during the process of compiling state budget estimates, annual central budget allocation plans, five-year financial plans, three-year financial-state budget plans, and annual settlement of accounts in the field of education and training; monitor and track the implementation of the budget in the field of education and training;

b) Issue and guide the implementation of standards and usage quotas for state assets under the Ministry's state management or decentralized authority as prescribed by law on state asset management and use; guide procedures and build, review, and issue economic-technical norms in the field of education and training according to decentralized management; guide methods for building service prices in the field of education and training; publicly disclose and implement reporting systems on the management and use of state assets under the Ministry's state management as prescribed by law;

c) Prepare medium-term and annual public investment plans for the Ministry, decide on investment policies and projects within the scope of the Ministry's state management as prescribed by law on public investment; manage and implement public investment projects within the scope of the Ministry's state management as prescribed by law; monitor, inspect, evaluate, and supervise the implementation of plans, programs, and projects within the Ministry's scope of management and perform other tasks and powers assigned by the Government or Prime Minister or as prescribed; report on the disbursement and settlement of tasks and projects using public investment funds as prescribed;

d) Propose lists, investment policies, and approve decisions on investment for programs and projects using Official Development Assistance (ODA), preferential loans from sponsors, and non-refundable aid not included in official development assistance provided by foreign agencies, organizations, and citizens to Vietnam as prescribed by law; manage the monitoring and supervision of their implementation; perform the function of the main manager of programs and projects using ODA, preferential loans from sponsors, and non-refundable aid not included in official development assistance provided by foreign agencies, organizations, and citizens to Vietnam within the scope of the Ministry's state management as prescribed by law;

đ) Review the contents of pre-feasibility study reports and feasibility study reports for programs, projects, and proposals under the department's administrative management;

e) Exercise rights, responsibilities, and obligations of the state owner towards state-owned enterprises and state capital invested in other enterprises according to laws;

11. Regarding quality assurance in education

a) Issue basic standards for higher education institutions and training program standards at various levels of higher education;

b) Specify conditions, procedures, and processes for opening and suspending training programs at various levels of higher education and teacher colleges;

c) Specify the determination of enrollment quotas for teacher colleges, bachelor's, master's, and doctoral programs;

d) Direct and guide quality assurance work in educational and training institutions under the Ministry's state management.

12. Regarding education quality assessment

a) Specify quality assessment criteria; procedures and cycles for quality assessment at various educational levels and training programs under the Ministry's state management; principles of operation, conditions, and standards for individuals and organizations engaged in quality assessment; issue permits for quality assessment operations; issue and revoke quality assessment certification;

b) Submit to the Government for issuance of conditions and procedures for establishing, allowing operations, suspending, and dissolving quality assessment organizations; specify conditions and procedures for foreign quality assessment organizations to be recognized for operations in Vietnam;

c) Decisions on establishment or permission to establish, operation, suspension of operation, dissolution of educational quality assessment organizations; decisions recognizing or revoking recognition of foreign educational quality assessment organizations operating in Vietnam; regulations on supervision and evaluation of educational quality assessment organizations;

d) Management of program accreditation and educational institution accreditation activities; guidance for organizations, individuals, and educational institutions to implement educational quality evaluations and assessments; inspection and evaluation of compliance with quality assessment regulations.

13. Regarding management of educational institutions and training

a) Issuance of charters and regulations on organization and operation of kindergartens, primary schools, junior high schools, senior high schools, multi-grade general education schools, regular education centers, special schools, teacher colleges, and other educational institutions under the Ministry's state management scope;

b) Submission to the Government for promulgation of conditions, procedures, and authority for establishment or permission to establish, operate, suspend operation, merge, divide, separate, dissolve educational institutions, branch offices of higher education institutions; naming and renaming higher education institutions; converting universities into universities and establishing schools within higher education institutions; linking universities into universities; converting private higher education institutions into non-profit private higher education institutions;

c) Decisions on permission to operate and suspension of operation of higher education institutions, branch offices of higher education institutions, institutes established by the Prime Minister according to the Law on Science and Technology, and other educational institutions as prescribed by law.

14. Regarding international cooperation

a) Submission to the Government for decision on policies and measures to strengthen and expand relations with foreign countries and international organizations; signing, ratification, approval, accession, or measures to ensure implementation of international treaties on behalf of the State or the Government within the Ministry's state management scope;

b) Organization of negotiations and signing of international treaties according to the authorization of competent state agencies and implementation of international cooperation plans and treaties where Vietnam is a member within the Ministry's state management scope on education;

c) Participation in international organizations as assigned by the Government; signing and implementing international agreements on behalf of the Ministry according to the law;

d) Submit to the Government for issuance of regulations on international cooperation and investment in the field of education;

d) Management and guidance for educational institutions under the Ministry's state management scope to implement international cooperation in teaching, training, construction of technical facilities, scientific research, and technology transfer in education;

e) Issue or submit to competent authorities for issuance of regulations on the management of foreign-invested educational institutions in Vietnam;

g) Issue regulations on the management and guidance of educational institutions under the Ministry’s state management authority regarding the acceptance of training and management of foreign students studying in Vietnam;

h) Implement state management over Vietnamese citizens studying, teaching, conducting scientific research, and academic exchanges abroad within the scope of the Ministry’s state management;

15. Regarding science and technology activities, environmental protection

a) Issuance or submission to competent authorities for issuance of regulations on science and technology activities and environmental protection education in educational institutions;

b) Implementation of scientific and technological tasks and innovation, environmental protection education; effective management and utilization of scientific and technological resources in education and training according to the law;

16. Regarding competition and commendation in the Education sector

a) Regulations on competition and commendation work in the Education sector; regulations on competition and commendation work of educational institutions under the Ministry's state management scope;

b) Submit to the Government for regulations on awarding titles of People's Teacher and Outstanding Teacher;

c) Organize commendation movements and carry out commendation and reward work in the education sector;

17. Regarding public services

a) Management of service prices in the education and training sector according to the law;

b) Development and issuance of economic-technical norms, cost standards (if applicable) as the basis for issuing unit prices and public service prices funded by the state budget within the Ministry's management scope according to the price law and related laws to serve the assignment of tasks, procurement, or tendering for public services according to the law;

c) Guidance on implementation of policies and laws and support for organizations in conducting public service activities in the Ministry's state management scope;

18. Regarding statistical work and industry data construction

a) Organization and direction of statistical work in education; collection, synthesis, analysis, management, storage, and publication of educational statistics information; development and issuance of statistical indicators and reporting systems for the Education sector;

b) Construction of industry data for education; implementation of data connection and sharing according to the law;

19. Regarding application of information technology and digital transformation in the Education sector

a) Development and submission to competent authorities for issuance or issuance of regulations, mechanisms, and policies on the application of information technology and digital transformation in the education and training sector;

b) Guidance on implementation, monitoring, and evaluation of the situation regarding the application of information technology and digital transformation in the education and training sector;

20. Regarding inspection and audit

a) Inspection and audit of compliance with policies and laws in the sectors and fields under the Ministry's state management scope;

b) Inspection and audit of ministries, agencies at the level of ministries, government agencies, and local people's committees at all levels in the implementation of laws in the sectors and fields under the Ministry's state management scope;

c) Resolution of complaints, denunciations, suggestions, and reflections from organizations and individuals related to education under the Ministry's state management scope; organization of citizen reception according to the law;

d) Implementation of responsibilities for administrative violation handling in education according to the law;

21. Decision-making and direction of implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Government and the Prime Minister;

22. Implementation of state management over associations and non-governmental organizations in the sectors and fields under the Ministry's management according to the law.

23. Manage organizational structure; positions, staffing levels, and grade structures for civil servants; positions, number of employees, and occupational structure for officials; number of workers under labor contracts. Decide and delegate authority to decide on recruitment, utilization, and management of cadres, civil servants, officials, and workers under the Ministry according to regulations of the Party and laws; decide on the allocation of civil servant positions for full-time party work and mass organizations; train, enhance, provide specialized training, and implement other systems and policies for cadres, civil servants, and officials under the Ministry's administrative jurisdiction as stipulated by law. Implement specific measures to strengthen administrative discipline for cadres, civil servants, officials, and workers under the Ministry; practice thrift, combat waste, prevent corruption, negativity, bureaucracy, arrogance, and abuse of power within organizations and units under the Ministry’s management.

24. Perform other tasks and powers delegated by the Government or the Prime Minister, or as prescribed by law.

Article 3. Organizational Structure

1. Early Childhood Education Department.

2. Elementary Education Department.

3. Secondary Education Department.

4. Higher Education Department.

5. Physical Education Department.

6. Ethnic Education Department.

7. Continuing Education Department.

8. National Defense and Security Education Department.

9. Political Education and Student Affairs Department.

10. Department of Organization and Cadres.

11. Planning and Finance Department.

12. Infrastructure Department.

13. Science, Technology, and Environment Department.

14. Legal Affairs Department.

15. Office.

16. Inspectorate.

17. Quality Management Agency.

18. Teachers and Educational Administration Cadres Management Agency.

19. Information Technology Agency.

20. International Cooperation Agency.

21. Vietnam Institute of Educational Sciences.

22. Education and Times Newspaper.

23. Education Journal.

The units specified from Clause 1 to Clause 20 of this Article are organizations assisting the Minister in performing state management functions; the units specified from Clause 21 to Clause 23 of this Article are public service units serving the state management functions of the Ministry.

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

The Minister of Education and Training shall issue a Decision to define the functions, tasks, powers, and organizational structure of units subordinate to and directly under the Ministry according to the law, except for units within the Prime Minister's decision-making authority.

Article 4. Transitional Provisions

The Infrastructure Agency will continue to perform its functions, tasks, powers, and organizational structure as currently defined until the Minister of Education and Training issues a Decision defining the functions, tasks, and powers of the Infrastructure Department.

Article 5. Effective Date

1. This Decree takes effect from November 1, 2022.

2. This Decree replaces Decree No. 69/2017/NĐ-CP dated May 25, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training.

Article 6. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.