Decree No. 88/2001/ND-CP On Implementing Universal Secondary Education

DECREE OF THE GOVERNMENT

On the implementation of universal secondary education

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Education Law dated December 2, 1998;

Pursuant to Resolution No. 41/2000/QH10 dated December 9, 2000 of the tenth session of the National Assembly, eighth meeting on the implementation of universal secondary education;

promulgates a Decree stipulating the criteria for stratification, ranking framework, and ranking standards for higher education institutions.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates and provides detailed guidance for the implementation of the Education Law and the National Assembly's Resolution on the implementation of universal secondary education from 2001 to 2010; it identifies the responsibilities of state management agencies, schools, other educational institutions, families, organizations, and individuals in implementing universal secondary education.

Article 2. Objectives of universal secondary education

The subjects of universal secondary education are Vietnamese youths and adolescents aged from 11 to 18 who have completed primary school but have not yet completed lower secondary education.

Article 3. Explanation of Terms

The following terms used in this Decree shall be understood as follows:

1. The age range for universal secondary education is from 11 to 18 years old.

2. A person with a lower secondary education qualification is someone who has been awarded a lower secondary education graduation certificate in accordance with Article 27 of the Education Law.

3. Place of residence is where a student has registered their permanent household registration or where they have registered temporary residence and have lived continuously for at least six months.

4. Public lower secondary school in the place of residence of a student is a public lower secondary school located within the commune, ward, or town where the student resides.

5. The area under the responsibility of a public lower secondary school is the residential area where the school is responsible for enrolling students according to the regulations of the direct educational management agency.

6. Communes with difficult economic and social conditions and extremely difficult conditions are those communes included in the Program for the Development of Economic and Social Affairs of Ethnic Minority and Mountainous Areas and Remote Areas as specified by the Prime Minister.

Article 4. Goals of universal secondary education

The goal of universal secondary education is to ensure that most young people and adolescents continue their studies to achieve a lower secondary education qualification before reaching the age of 18, thereby meeting the requirements for improving literacy, training human resources, and nurturing talent to serve the country's industrialization and modernization.

Article 5. Educational programs and methods

1. The educational program applied to implement universal secondary education is the lower secondary education program or the supplementary lower secondary education program issued by the Ministry of Education and Training.

2. The educational method applied to implement universal secondary education is regular education or non-regular education.

3. The application of the lower secondary education program through regular education and the supplementary lower secondary education program through non-regular education at educational institutions is regulated in Article 10 of this Decree.

Article 6. Investment in universal secondary education

1. Universal secondary education is a target of the National Target Program on Education and Training, funded from the state budget.

2. The State has policies to encourage, support, and create favorable conditions for private educational institutions to fulfill the mission of universal secondary education; it encourages and creates conditions for international organizations, governments of other countries, foreigners, and overseas Vietnamese to participate in the implementation of universal secondary education in Vietnam in accordance with the law.

Chapter II

RIGHTS AND OBLIGATIONS OF THE OBJECTS OF UNIVERSAL SECONDARY EDUCATION

Article 7. Rights and Obligations of Compulsory Lower Secondary Education Subjects

1. Learning to achieve lower secondary education level is the right and obligation of all compulsory lower secondary education subjects.

2. Compulsory lower secondary education subjects shall study at lower secondary schools in their place of residence according to the guidance of the Ministry of Education and Training.

3. If compulsory lower secondary education subjects cannot study the lower secondary education program through regular education due to particularly difficult circumstances, they may study the supplementary lower secondary education program through non-regular education organized by lower secondary schools, continuing education centers, comprehensive vocational training centers, or other educational institutions.

Article 8. Collection and Exemption, Reduction of Tuition Fees, Provision of Textbooks and Study Materials for Compulsory Lower Secondary Education Subjects

1. Tuition fees shall be collected from compulsory lower secondary education subjects, except those exempted under Clause 2 of this Article.

2. Exemption and reduction of tuition fees and other contributions for compulsory lower secondary education subjects falling under the following categories:

a) Those entitled to preferential policies as stipulated in Decree No. 28/CP dated April 29, 1995 of the Government;

b) Those entitled to preferential policies as stipulated in Clause 1 and Clause 2 of Article 32, Clause 1 of Article 36, and Clause 1 of Article 38 of Decree No. 43/2000/NĐ-CP dated August 30, 2000 of the Government;

c) Those studying through non-regular education methods due to particularly difficult economic circumstances as prescribed by the Ministry of Education and Training.

3. Provision of textbooks and study materials for compulsory lower secondary education subjects falling under the following categories:

a) Students at educational institutions located in communes with difficult socio-economic conditions and extremely difficult conditions;

b) Students studying the supplementary lower secondary education program through non-regular education methods due to particularly difficult economic circumstances as prescribed by the Ministry of Education and Training.

Article 9. Compulsory Lower Secondary Education for Vietnamese Youth and Adolescents Abroad and Foreign Youth and Adolescents Residing in Vietnam

1. Vietnamese Youth and Adolescents residing abroad who are compulsory lower secondary education subjects shall be provided necessary conditions by their parents or guardians and supported by the State to implement compulsory lower secondary education.

2. Foreign youth and adolescents residing in Vietnam who have completed primary school and wish to study lower secondary education at Vietnamese schools shall be allowed to enroll in local lower secondary schools and enjoy all rights as Vietnamese students.

Chapter III

SCHOOLS, FAMILIES AND SOCIETY

IN THE IMPLEMENTATION OF COMPULSORY LOWER SECONDARY EDUCATION

Article 10. Responsibilities of Lower Secondary Schools, Continuing Education Centers, Comprehensive Vocational Training Centers, and Other Educational Institutions within the National Education System

1. Lower secondary schools, continuing education centers, comprehensive vocational training centers, and other types of public, semi-public, private, and private educational institutions have the responsibility to implement compulsory lower secondary education; cooperate with authorities, families, organizations, and individuals to encourage compulsory lower secondary education subjects to attend school; closely coordinate between school education, family education, and social education, creating a healthy educational environment.

2. Lower secondary schools have the responsibility:

a) To implement the lower secondary education program through regular education methods, ensuring educational quality and effectiveness;

b) To organize the implementation of the supplementary lower secondary education program through non-regular education methods for compulsory lower secondary education subjects who do not have the conditions to study through regular methods when assigned tasks by the direct educational management agency;

c) To accept and organize learning for compulsory lower secondary education subjects residing permanently within the school's jurisdiction; may also accept additional students outside the jurisdiction but not exceeding the class size limit as prescribed by the Ministry of Education and Training.

3. Continuing education centers have the responsibility to implement the supplementary lower secondary education program through non-regular education methods for compulsory lower secondary education subjects who do not have the conditions to study at lower secondary schools.

4. Comprehensive vocational training centers, within the scope of their assigned functions and responsibilities, have the responsibility to cooperate with lower secondary schools and continuing education centers to fulfill the tasks specified in Clauses 2 and 3 of this Article.

5. Other educational institutions have the responsibility to participate in implementing compulsory lower secondary education in their area according to the requirements of local authorities and the direct management agency.

Article 11. Responsibilities and rights of parents or guardians towards compulsory lower secondary education objects

Parents or guardians (hereinafter referred to as parents) shall have the following responsibilities and rights:

1. Ensuring that their children or wards (hereinafter referred to as children) who are objects of compulsory lower secondary education study to achieve the lower secondary education level.

2. Creating all conditions for children to study, train, and participate in school activities to develop comprehensively in morality, intellect, physical strength, and aesthetics in order to achieve the goals of lower secondary education.

3. Paying tuition fees for children according to current regulations, if required to pay tuition fees.

4. Cooperating with schools and associations in educating children, implementing appropriate educational cooperation in accordance with the law; setting a good example for children in family and social life.

5. Providing opinions to schools or educational management agencies on the implementation of the policy of compulsory lower secondary education.

6. Participating in parent activities organized by schools or educational management agencies to implement the policy of compulsory lower secondary education.

Article 12. Responsibilities and authorities of organizations and citizens regarding compulsory lower secondary education

State agencies, political organizations, political-social organizations, social organizations, occupational social organizations, economic organizations, people's armed units, and all citizens shall have the responsibility and right to participate in implementing the policy of compulsory lower secondary education according to their capacity and conditions and in accordance with the law. Specifically:

1. Mobilizing parents to ensure that children of compulsory lower secondary education age study to achieve the lower secondary education level.

2. Cooperating with schools and educational management agencies to assist compulsory lower secondary education objects in implementing compulsory lower secondary education.

3. Implementing and mobilizing domestic and foreign organizations and individuals to contribute money and effort to schools or educational management agencies in accordance with the law to implement compulsory lower secondary education.

4. Inspecting and supervising state agencies, schools, families, organizations, and individuals in the implementation of the policy of compulsory lower secondary education; lodging complaints and denunciations in accordance with the law against acts hindering compulsory lower secondary education.

5. Propaganda and mobilization for compulsory lower secondary education.

Chapter IV

CONDITIONS TO ENSURE COMPULSORY LOWER SECONDARY EDUCATION

Article 13. Finance

1. Financial sources used to implement compulsory lower secondary education include: state budget; tuition fees, construction contributions for schools and classes; financial sponsorships from domestic and foreign organizations and individuals, and other lawful revenues (if any) as prescribed by law, among which the state budget plays the main role.

2. Provincial People's Councils (hereinafter referred to as provincial level) shall base on the tuition fee framework prescribed by the Prime Minister to stipulate the tuition fee collection levels and the use of tuition fees based on the proposal of the same-level People's Committee.

3. People's Councils at all levels shall base on the demand for educational development, economic situation, and the contribution capacity of the local population to stipulate the construction contribution levels for schools and classes based on public opinion and the proposal of the same-level People's Committee.

Article 14. Teachers

1. Teachers at secondary schools, centers for continuing education, comprehensive vocational training centers, and other educational institutions participating in teaching basic secondary education classes if they have not yet met the required qualifications as stipulated in point b, Clause 1, Article 67 of the Education Law shall be responsible for studying and shall be provided with conditions for study by the direct educational management agency.

2. Teachers participating in teaching supplementary secondary education classes for those who cannot attend regular classes shall be entitled to remuneration as prescribed by the Ministry of Finance.

Article 15. Technical Infrastructure

1. The Ministry of Education and Training shall be responsible for promulgating standards on technical infrastructure for secondary schools, centers for continuing education, comprehensive vocational training centers, and directing and guiding localities to implement them.

2. Localities must ensure that secondary schools have sufficient conditions for classrooms, laboratories, physical education and sports rooms or fields, libraries, playgrounds according to the standards issued by the Ministry of Education and Training; creating conditions for centers for continuing education and comprehensive vocational training centers to have adequate infrastructure and equipment necessary to organize non-formal education activities, comprehensive vocational education, and career guidance.

Article 16. Policies Encouraging Non-Public Educational Institutions

1. Non-public educational institutions, when implementing activities to achieve universal secondary education, shall be prioritized to enjoy encouraging policies regarding infrastructure, land, taxes, fees, and credit as prescribed in Decree No. 73/1999/ND-CP dated August 19, 1999 of the Government on encouraging socialization in the field of education, healthcare, culture, and sports.

2. Non-public educational institutions, when implementing policies of tuition fee exemption, reduction, and provision of textbooks and learning materials as stipulated in Article 8 of this Decree, shall be supported financially by the state budget as prescribed by the Ministry of Finance.

Chapter V

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS IN ENSURING THE IMPLEMENTATION OF UNIVERSAL SECONDARY EDUCATION

Article 17. Responsibilities of the Ministry of Education and Training

1. Directing the implementation of universal secondary education. Issuing and organizing the implementation of normative legal documents within its authority to ensure conditions, quality, and progress in the implementation of universal secondary education.

2. Specifying goals and curricula, ensuring uniformity in educational standards; simultaneously formulating solutions and plans to apply curricula to suit students' learning conditions and circumstances; coordinating with relevant agencies to specify the organization of textbook compilation, approval, printing, distribution, and use for secondary education to meet the requirements of universal secondary education.

3. Directing and guiding localities in implementing regulations on professional matters; on teacher training and management cadre development; on building technical infrastructure to ensure the quality, effectiveness, and progress of universal secondary education.

4. Taking the lead and coordinating with sectors, levels, political-social organizations, social organizations, occupational social organizations, and economic organizations to mobilize all social resources to serve the cause of education generally and universal secondary education specifically.

5. Taking the lead and coordinating with related ministries and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).agencies and provincial people's councils to inspect and audit localities and lower-level educational management agencies in the implementation of universal secondary education policies; promptly identifying and proposing solutions to overcome difficulties in the implementation of universal secondary education policies; annually reporting the situation and results of universal secondary education to the Prime Minister.

6. Proposing the State to commend individuals, organizations, and localities with achievements in the cause of universal secondary education.

Article 18. Responsibilities of the Ministry of Planning and Investment

1. To aggregate plans, balance resources, and ensure the progress of implementing universal secondary education.

2. To coordinate with the Ministry of Education and Training to guide localities in building school network planning and implementing investment plans to upgrade schools serving the needs of universal secondary education.

3. To prioritize the use of ODA funds during the period from 2001 to 2010 to achieve the goal of universal secondary education.

Article 19. Responsibilities of the Government’s Organization and Cadre Management Board

To take the lead and coordinate with the Ministry of Education and Training to reform regulations on hiring teachers into the staffing quota in accordance with the spirit of administrative reform and actual conditions; to allocate staffing quotas for the education sector to ensure sufficient quantity, appropriate structure, and suitability for the implementation of tasks each academic year; to direct and guide the consolidation and strengthening of educational management machinery at provincial and district levels.

Article 20. Responsibilities of the Ministry of Finance

1. To perfect financial policies, inspection, audit, and handling of violations of financial laws by organizations or individuals in managing and using financial resources raised to implement universal secondary education; to prioritize state budget allocation for the cause of universal secondary education.

2. To issue budget expenditure standards for regular and non-regular secondary student education; to ensure timely budget allocation and disbursement to achieve the universal secondary education target.

3. To take the lead and coordinate with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and the Government’s Organization and Cadre Management Board to develop policies for teachers, students, and private educational institutions in the cause of universal secondary education as stipulated in Articles 8, 14, and 16 of this Decree.

Article 21. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To take the lead and coordinate with the Ministry of Education and Training, the Ministry of Finance, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Vietnam Children Protection and Care Committee to develop support policies for children of martyrs, severely wounded veterans, disabled children, orphaned children without guardianship, and children from impoverished households to implement universal secondary education.

2. To consolidate, strengthen, and develop vocational training facilities, coordinate vocational education for secondary school students, and attract graduates of secondary schools to train them into skilled workers.

Article 22. Responsibilities of the Ministry of Health, the Ministry of Science and Technology, and the Environment, and the Sports Committee

The Ministry of Health, the Ministry of Science and Technology, and the Environment, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Sports Committee shall be responsible for coordinating with the Ministry of Education and Training to ensure health, environmental education, and physical education requirements for secondary schools.

Article 23. 其他部委和行业的责任

Other ministries and sectors shall have responsibilities to participate in implementing universal secondary education according to their functions and tasks.

Article 24. Responsibilities of the People's Committees of Provinces

1. To build and balance local budgets, exploit and mobilize non-budgetary resources to implement the local universal secondary education plan, reflected by specific indicators in the annual, five-year, and ten-year socio-economic development plans of the locality.

2. To implement professional guidance and direction from the Ministry of Education and Training; to direct, guide, and inspect the People's Committees of districts, towns, cities, and townships under the province (hereinafter referred to collectively as district level) Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committees of communes, wards, and townships (hereinafter referred to collectively as commune level) in the implementation of policies on universal secondary education; to ensure quality, effectiveness, and progress in universal secondary education in the locality.

3. To invest and direct the People's Committees of districts and communes to construct and upgrade schools and classrooms; to purchase equipment for public and semi-public secondary schools; to inspect private and independent secondary schools' implementation of investment in building material and technical infrastructure.

4. To develop staffing plans for teachers in the locality as a basis for the Government’s Organization and Cadre Management Board to allocate quotas; to organize teacher recruitment to ensure sufficient quantity and appropriate structure; to organize teacher training and development.

5. To report annually to the Ministry of Education and Training on the implementation of universal secondary education in the province.

Article 25. Responsibilities of the People's Committee at the district level

1. Managing primary schools and junior high schools of all types of educational institutions within its jurisdiction; ensuring quality, effectiveness, and progress in the universalization of junior high school education within its jurisdiction.

2. Implementing regulations on the use of the budget for education, including the portion allocated for the universalization of junior high school education; ensuring organizational, personnel, financial, and material conditions for public and semi-public primary and junior high schools according to state regulations.

3. Ensuring the implementation of policies and benefits for teachers, educational management staff, and students as stipulated by the state, creating favorable conditions and adopting measures to improve the living standards of teachers and educational management staff through local incentive policies.

4. Mobilizing domestic and foreign organizations and individuals to contribute to the cause of universalizing junior high school education.

Article 26. Responsibilities of the People's Committee at the commune level

1. Monitoring the study of subjects in the universalization of primary education and junior high school education within its jurisdiction; coordinating with social organizations in the area to promote, mobilize, assist, and create favorable conditions for families to send their children of compulsory education age to school to achieve junior high school completion.

2. Coordinating with junior high schools, continuing education centers, comprehensive vocational training centers, and other educational institutions within the national education system in the area to organize appropriate forms of study to help those who cannot attend regular classes due to lack of conditions to study through non-formal methods to achieve junior high school completion.

3. Mobilizing the people to contribute money and labor to build, repair, and protect educational facilities within the area; coordinating with schools and social organizations to create a healthy educational environment; assisting and creating favorable conditions for teachers and educational management staff to fulfill their tasks.

Chapter VI

RECOGNITION OF ACHIEVEMENT IN UNIVERSALIZATION OF JUNIOR HIGH SCHOOL EDUCATION

Article 27. Units Recognized as Achieving Universalization of Junior High School Education

Units recognized as achieving universalization of junior high school education must fulfill the responsibilities stipulated in Articles 24, 25, and 26 of this Decree according to their respective levels and meet the following conditions:

1. For communes:

a) Maintaining and consolidating the results of universalizing primary education: the number of six-year-old children attending first grade reaches a rate of 90% or higher; at least 80% of children aged 11 to 14 have completed primary school, and the remaining children in this age group are currently enrolled in primary school;

In areas with difficult economic and social conditions, mobilizing six-year-old children to attend first grade reaches a rate of 80% or higher, and at least 70% of children aged 11 to 14 have completed primary school, with the remaining children in this age group currently enrolled in primary school;

b) Annually, mobilizing graduates of primary schools to enter junior high schools reaches a rate of 95% or higher; in communes with difficult economic and social conditions, it reaches 80% or higher;

c) Ensuring that the rate of adolescents and teenagers aged 15 to 18 completing junior high school reaches 80% or higher; in communes with difficult economic and social conditions, it reaches 70% or higher;

d) Annually, ensuring that the graduation rate of junior high school students reaches 90% or higher; in communes with difficult economic and social conditions, it reaches 75% or higher.

2. For districts: at least 90% of communes, wards, and towns achieve universalization of junior high school education.

3. For provinces: all districts, counties, towns, and cities under provincial jurisdiction achieve universalization of junior high school education.

Article 28. Competence to Recognize Achievement of Basic Education Completion at the Lower Secondary Level and Responsibilities of Achieving Units

1. The Ministry of Education and Training shall take the lead in inspecting and issuing decisions to recognize achievement of basic education completion at the lower secondary level for provinces.

The People's Committee at the provincial level shall inspect and issue decisions to recognize achievement of basic education completion at the lower secondary level for districts.

The People's Committee at the district level shall inspect and issue decisions to recognize achievement of basic education completion at the lower secondary level for communes.

2. The inspection teams at each level shall include the leading unit as stipulated in Clause 1 of this Article and representatives of state agencies, political organizations, and social-political organizations at the same level.

3. For units that have been recognized as achieving basic education completion at the lower secondary level, People's Committees at all levels shall be responsible for consolidating, maintaining, and perfecting the results of implementing basic education completion at the lower secondary level; implementing policies for分流后的翻译部分，请继续进行完整翻译：实施初中后学生的分流政策。每年，省级人民委员会有责任检查其辖区内基本教育完成情况的保持状况，并向教育部报告以汇总上报政府总理。

Chapter VII

REWARD AND VIOLATION HANDLING

Article 29. Awards for Organizations and Individuals with Merits in Basic Education Completion at the Lower Secondary Level

Organizations and individuals who contribute to the cause of basic education completion at the lower secondary level shall be awarded according to the provisions of the law on awards.

Article 30. Handling Violations

Any person who engages in acts that create difficulties or obstruct basic education completion at the lower secondary level shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 31. Implementation Provisions

1. This Decree shall take effect fifteen days from the date of signature. All previous regulations contrary to this Decree are hereby abolished.

2. Ministers, heads of agencies equivalent to Ministries, heads of government agencies, and Chairpersons of provincial People's Committees and centrally governed city People's Committees are responsible for enforcing this Decree./.