Thông tư 07/2016/TT-BGDDT

CIRCULAR

REGULATIONS ON REQUIREMENTS AND PROCEDURES FOR INSPECTION FOR RECOGNITION OF ACHIEVEMENT OF UNIVERSALIZATION OF EDUCATION AND ERADICATION OF ILLITERACY

Pursuant to the Government's Decree No. 32/2008/ND-CP dated March 19, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. 75/2006/ND-CP dated August 02, 2006, elaborating and providing guidance on the implementation of a number of articles of the Law on Education; the Government's Decree No. 31/2011/ND-CP dated May 11, 2011 on the amendments to the Government's Decree No. 75/2006/ND-CP dated August 02, 2006, elaborating and providing guidance on the implementation of a number of articles of the Law on Education; and Government’s Decree No.07/2013/ND-CP dated January 09, 2013 on amendments to point b, clause 13, Article 1 of the Government's Decree No.75/2006/ND-CP dated May 11, 2011 on amendments to a number of articles of the Government’s Decree No.75/2006/ND-CP dated August 02, 2006 detailing a number of articles of the Law on Education.

Pursuant to the Government’s Decree No.20/2014/ND-CP on universalization of education and eradication of illiteracy ;

Pursuant to the Prime Minister's Decision No.1019/QD-TTg dated August 05, 2012 on approval for the disabled assistance policy for the period of 2012- 2020;

At requests of the Directors of Directorate of Primary Education, Directorate of Preschool Education, Directorate of General Education and Directorate of Continuing Education;

The Minister of Education and Training hereby introduces this Circular providing regulations on requirements and procedures for inspection for recognition of achievement of universalization of education and eradication of illiteracy.

Chapter I.

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular stipulates requirements and procedures for inspection for recognition of achievements of universalization of preschool education for children at the age of 05 , primary education and lower secondary education (hereinafter referred to as “universalization of education” and eradication of illiteracy.

2. This Circular applies to all provinces, centrally-affiliated cities (hereinafter referred to as “provinces”); districts and towns (hereinafter referred to as “district”), communes and relevant entities.

Article 2. Criteria for achievement of universalization of education and eradication of illiteracy recognized

There shall be at least 60% of the disabled who are able to access to education, besides criteria for recognition of achievments in universalization of education and eradication of illiteracy prescribed in the Government's Decree No.20/2014/ND-CP on universalization of education and eradication of illiteracy dated March 24, 2014 (hereinafter referred to as “Decree No.20/2014/ND-CP”).

Chapter II

REQUIREMENTS FOR UNIVERSALIZATION OF EDUCATION AND ERADICATION OF ILLERACY

Article 3. Conditions for assurance of universalization of preschool education

1. With respect of teachers, and employees, preschool education establishments must satisfy the following conditions:

a) 100% teachers are eligible for preferential policies under current regulations of laws; and

b) Teachers for preschool classes for children at the age of 05 prescribed in the Joint Circular No.06/2015/TTLT-BGDDT-BNV on lists of positions and required quantity of teachers in public preschool education establishments dated March 16, 2015 by the Ministry of Education and Training and Ministry of Home Affairs shall be available; and

c) 100% teachers in charge of children at the age of 05 must meet requirements for qualifications promulgated in point b, clause 1, Article 77 of the Law on Education dated 2005; and

d) 100% teachers in charge of preschool classrooms for children at the age of 05 must meet professional standards of preschool teacher prescribed in the Decision No.02/2008/QD-BGDDT on professional standards of preschool teachers dated January 22, 2008 by the Minister of Education and Training; and

dd) Persons in charge of supervising the universalization of education and eradication of illiteracy in their area (hereinafter referred to as education supervisor”) shall be appointed.

2. With respect of facilities and teaching equipment:

a)Every province/district must establish an education establishment network to perform preschool education universalization for 05-year –old children under the planning and have traffic infrastructures and traffic conditions to facilitate the transport of children;

b) Every preschool education establishment shall:

- Have enough classrooms (for child fostering, care and education) in the ratio of 1 classroom to 01 class. Classrooms shall be well-ventilated and air-conditioned in summer and warm in winter There may be well-lit permanent classrooms or semi-permanent classrooms with the minimum space per child of 1.5m².

- Have 100% classrooms for children at the age of 05 equipped with cabinets for storing utensils, toys and teaching equipment in every classroom as stipulated in the Circular No.02/2010/TT-BGDDT on the list of essential utensils –toys-teaching equipments used for preschool education dated February 11, 2010 by the Minister of Education and Training and Circular No.34/2013/TT-BGDDT dated September 17, 2013 by the Minister of Education and Training providing for amendments to the list of essential utensils, toys –teaching equipment for preschool education issued together with the Circular No.02/2010/TT-BGDDT dated February 11, 2010 by the Minister of Education and Training.

- Have clean playgrounds and safe outdoor toys, clean water sources and drainage systems, convenient restrooms available.

Article 4. Conditions for assurance of universalization of primary education

1. With respect to teachers and officers

The general education establishment providing primary education universalization shall:

a) Have enough teachers and officers under the Joint Circular No.35/2006/TTLT-BGDDT-BNV on officer payroll quotation of public general education establishments dated August 23, 2006 by the Ministry of Education and Training and Ministry of Home Affairs ;

b) Have all teachers meeting qualifications requirements under point b, clause 1, Article 77 of the Law on Education dated 2005;

c) Have all teachers meeting professional standards of primary teachers prescribed in the Decision No.14/2007/QD-BGDDT on professional standards of primary teachers dated May 04, 2007 by the Minister of Education and Training.

dd) Have education supervisors available .

2. With respect of facilities and teaching equipment:

a)Every province or district universalizing primary education under the planning shall have traffic infrastructures and favorable traffic conditions to facilitate the transport of students;

b) Every the general education establishment performing primary education establishment shall:

- Have enough standard well-lit classrooms in the minimum ratio of 0.7 classroom to class. Every classroom has adequate student and teacher’s desks, chairs and blackboards. Every school shall have libraries, medical rooms, teaching equipment closets, offices of the principal and deputy principals, officer and teacher’s rooms and shall provide essential conditions to facilitate the study of the disabled.

- Have essential teaching equipment available under the Circular No.15/2009/TT-BGDDT on list of essential teaching equipment for primary education dated July 16, 2009 by the Minister of Education and Training.

- Have clean playgrounds and practice ground , clean water sources and drainage systems, convenient restrooms for male and female students available.

Article 5. Conditions for assurance of universalization of lower secondary education

1. With respect to teachers and officers

Every general education establishment performing lower secondary education universalization shall:

a) Have enough teachers and officers managing libraries, teaching equipment and laboratory equipment under the Joint Circular No.35/2006/TTLT-BGDDT-BNV on officer payroll quotation of public general education establishments dated August 23, 2006 by the Ministry of Education and Training and Ministry of Home Affairs ;

c) Have 100% teachers meet requirements for qualifications promulgated in point b, clause 1, Article 77 of the Law on Education dated 2005;

c) Have all teachers meet teacher requirements prescribed in the Decision No.30/2009/TT-BGDDT on requirements for teachers in lower and secondary education establishments dated October 22, 2009 by the Minister of Education and Training.

d) Appoint education supervisors .

2. With respect of facilities and teaching equipment:

a)Every province or district universalizing lower secondary education under the planning shall have traffic infrastructures and favorable traffic conditions to facilitate the transport of students;

b) Every general education establishment performing lower secondary education universalization shall:

- Have enough standard well-lit classrooms in the minimum ratio of 0.5 classroom to class. Every classroom has adequate student and teacher’s desks, chairs and blackboards. Every school shall have libraries, medical rooms, teaching equipment closets, offices of principal and deputy principals, officer and teacher’s rooms and laboratories, and shall provide essential conditions to facilitate the study of the disabled.

- Have essential teaching equipment available under the Circular No.19/2009/TT-BGDDT on list of essential teaching equipment for lower secondary education dated August 11, 2009 by the Minister of Education and Training.

- Have clean playgrounds and practice ground, clean water sources and drainage systems, convenient separate restrooms for male and female students and teachers available.

Article 6. Conditions for assurance of eradication of illiteracy

1. For teachers for illiteracy eradication:

a) Every commune shall mobilize enough teacher for illiteracy eradication from preschools, general and other level education establishments, and people qualified for teaching under point a, b, and c, clause 1, Article 1, Article 77 of the Law on Education dated 2005 .

b) Disadvantaged communes, border and island areas must also mobilize enough teachers for illiteracy eradication who may be teachers or individuals possessing lower secondary diplomas or higher.

c) Education establishments participating in eradicating illiteracy in communes shall be subject to the supervision of designated supervisor.

2. With respect of facilities and teaching equipment: Every commune shall allow literacy classes to use teaching equipment and facilities of education establishments, community education centers, socio-political , organizations and other entities within the commune to perform literacy classes.

Article 7. Funding for universalization of education and eradication of illiteracy

1. The funding for universalization of education and eradication of illiteracy is funded with the annual State budget which varies from areas to areas and lawful contributions of domestic and overseas entities.

2. The allocation and amount of funding for universalization of education and eradication of illiteracy shall be conformable to the State's current regulations. Under regulations on financial management and the funding from the State budget, the People’s Committee of the province shall request the People’s Council to issue detailed regulations on allocation of funding for universalization of education and eradication of illiteracy according to the reality.

3. The estimation and finalization of funding shall be carried out in accordance with the Circular No.59/2003/TT-BTC dated June 23, 2003 by the Ministry of Finance guiding the application of the Law on the State budget and current regulations on financial management.

Chapter III

PROCEDURES FOR INSPECTION FOR RECOGNITION OF ACHIEVEMENT OF UNIVERSALIZATION OF EDUCATION AND ERADICATION OF ILLITERACY

Article 8. Scope of inspection for recognition of province’s achievement in universalization of education and eradication of illiteracy

1. Inspection of applications for recognition of achievement in universalization of education and eradication of illiteracy, and their achievements, figures on the database managment system.

2. On-site inspection of figures on documents on universalization of education and eradication of illiteracy, and on the database management system of provinces:

a) Documentary inspection of universalization of education or eradication of illiteracy;

b) On-site inspection in at least 80% of districts applying for recognition. At least 02 communes in a district and 02 households in a communes shall be inspcted.

Article 9.Procedures for inspection for recognition of province’s achievement of universalization of education and eradication of illiteracy

1. For provinces applying for inspection for recognition of achievements in universalization of education or eradication of illiteracy for the first time:

a)The province shall submit an application for recognition of achivements in universalization of education or eradication of illiteracy under Article 28 of the Decree No.20/2014/ND-CP , and written request for inspection to The Ministry of Education and Training.

After receipt of the valid application under Article 28 of the Decree No./2014/ND-CP, the Ministry of Education and Training shall examine results and figures on the database management system and records of universalization of education and eradication of illiteracy;

b) According to results of documentary inspection , the Ministry of Education and Training shall release a Decision on establishment of an Inspectorate or send the applicant an official dispatch which specifies reasons for not carrying out the inspection;

With 20 working days from the date of receipt of the valid application, the Ministry of Education and Training shall release a Decision on Establishment of Inspectorate send the applicant an official dispatch which specifies reasons for not carrying out the inspection;

c) The inspection shall be carried out in accordance with clause 2, Article 8 of this Circular and shall be recorded using the Annex enclosed herewith;

d) The Inspectorate shall submit a written request for recognition of achievement in universalization of education or eradication of illiteracy together with inspection records to the Minister of education and training according to the inspection results;

Within 40 workings days from the date of issue of the Decision of Establishment of the Inspectorate, the Ministry of Education and Training shall carry out the inspection under clauses 2 and 3, Article 8 of this Circular and release the Decision on recognition of achievement s in universalization of education or eradication of illiteracy.

2. For provinces whose achievements remain constant:

Such province shall annually submit their report on universalization of education or eradication of literacy under clause 2, Article 31 of the Decree No.20/2014/ND-CP The Ministry of Education and Training shall inspect documents, results and figures on the database management system or carry out on-site inspection and may recognize the achievements;

a)Within 40 working days from the date of receipt the valid application, the Ministry of Education and Training shall issue a Decision on re-recognition of achievement.

b) Any province that fails to maintain the level of education universalization and illiteracy eradication shall undergo inspection for recognition as it was the first time .

Chapter IV

IMPLEMENTATION ORGANIZATIONS

Article 10. Responsibilities of People's Committees of provinces

Every People's Committee of provinces shall:

1. Establish a Steering Committee for universalization of education and eradication of illiteracy (hereinafter referred to as "Steering Committee") including the President or Deputy President of the People’s Committee of province in charge of cultural and social aspects; Director of the Department of Education and Training as Deputy Chief of the Standing board, representatives of relevant agencies as members.

2. Request every district and commune to set up a Steering Committee chaired by the Head of the district and commune and assign persons in charge of universalization of education and eradication of illiteracy and those taking charge of executing the database management system.

3. Be responsible for results of universalization of education and eradication of illiteracy, develop plans for universalization of education and eradication of illiteracy of their province and submit reports to The Ministry of Education and Training.

4. Update, store , manage and use the database management system.

5. Direct, supervise, inspect, expedite and assist districts in updating data on the database management system according to prescribed forms at a certain time.

Article 11. Responsibilities of affiliates of the Ministry of Education and Training

1. The Directorate for preschool education, Directorate of Primary Education, Directorate for lower secondary education and Directorate for Continuing Education shall take charge of and be responsible for consultation and submit reports on universalization of education and eradication of illiteracy; and participate in inspecting for recognition of achievements.

2. Affiliates of the Ministry of Education and Training shall cooperate with the Directorate for preschool education, Directorate of Primary Education, Directorate for lower secondary education and Directorate for Continuing Education to direct and carry out the inspection for recognition of achievements in universalization of education and eradication of illiteracy and submit reports on such issues.

Article 12. Entry into force

1. This Circular enters into force from May 10, 2016.

2. This Circular replaces the Circular No.32/2010/TT-BGDDT on requirements, criteria and procedures for recognition of achievements in universalization of preschool education for 05-year-old children dated December 02, 2012 by the Minister of Education and Training; Circular No.36/2013/TT-BGDDT dated November 06, 2013 on amendments to a number of requirements, criteria and procedures for recognition of achievements in universalization of preschool education for 05-year-old children issued together with the Circular No.32/2010/TT-BGDDT dated December 02, 2012; Circular No.36/2009/TT-BGDDT on inspection and recognition of achievements of universalization of primary education in proper ages dated December 04, 2009; Decision No.26/2001/QD-BGD&DT on criteria , inspection and recognition of universalization of lower secondary education dated July 05, 2001 and Circular No.14-GDDT on guidelines for criteria, methods of examination and evaluation of the degree of eradication of illiteracy and universalization of primary education dated August 05 1997 by the Minister of Education and Training.

3. In case that legislative documents referred to this Circular is amended, supplemented or replaced, the new ones shall prevail.

Article 13. Implementation

The Chief of Office, Directors of the Directorate for preschool Education, Directorate of primary Education, Directorate of lower secondary education, Directorate of Continuing Education, Directors of Departments of Planning and Finance, Directors of Departments of Information Technology, Heads of affiliates of the Ministry of Education and Training, presidents of people’s Committees of provinces and Directors of Departments of Education and Training shall be responsible for the implementation of this Circular.

ANNEX

(Issued together with the Circular No.07/2016/TT-BGDDT dated march 22, 2016 by the Minister of Education and Training)

RECORD OF INSPECTION OF ACHIEVEMENT OF UNIVERSALIZATION OF EDUCATION AND/OR ERADICATION OF ILLITERACY OF [NAME OF PROVINCE]

I. Members of the Inspectorate, date of inspection and scope of inspection

1. Members the Inspectorate of the Ministry of Education and Training (according to the Decision of the Minister o Education and Training)

2. Date of Inspection ( in [name of province])

3. Scope of inspection

a)Inspect records of universalization of education and eradication of illiteracy, and compare them with results and figures on the database management system.

b) Carry out on-site inspection at [districts, communes, schools, classes, education establishments and households].

4. Achievement of universalization of education and/or eradication of illiteracy of [name of province] as of ....[date]

a) Criteria: Under provisions of the Decree No.20/2014/ND-CP ( enclosed with figures)

- The number of districts satisfying criteria for universalization of education/eradication of illiteracy, extent and percentage.

- The number of communes satisfying criteria for universalization of education/eradication of illiteracy, extent and percentage.

- The number of literate children/students/youth/adolescenes:

The number of children aged 05 going to preschools and completing preschool education; percentage (for universalization of preschool education).

The number of children aged 06 entering the first grade and children age 11 completing primary education; percentage (For universalization of primary education) .

the number of teenagers aged 15-18 graduating from lower secondary schools; the number of teenagers aged 15-18 attending general education or continuing education or vocational education programs, percentage (For universalization of lower secondary education) .

( For eradication of illiteracy) The number of people certified literate according to their literate level ( from the age of 15-25; 15-35; 15-60) ; percentage.

b) Assurance conditions (enclosed with figures):

- The number of people participating in teaching and supervision of education universalization and illiteracy eradication (total teachers, the number of teachers satisfying requirements for qualifications, percentage; the number of teachers over-passing requirements for qualifications, percentage; ratio of teachers to class, teacher structure, etc,..)

- Facilities and teaching equipment (conditions of schools, class room national-standard schools, number of classrooms, ratio of classroom to class, number of functional rooms).

II. Overall assessment by inspectorate

1. Assessment of universalization of education and eradication of illiteracy

- The direction, administration and universalization of education and eradication of illiteracy.

- Criteria and requirements for universalization of education and eradication of illiteracy.

- Procedures for inspection for recognition of standard universalization of education and eradication of illiteracy…

2. Conclusion: The universalization of education/eradication of illiteracy of [Name of province] satisfies [national quality standards or some extent] at….[date].

II. Proposals to the Steering Committee of the province

- The direction, administration and universalization of education and eradication of illiteracy.

- Criteria and requirements for universalization of education and eradication of illiteracy.

- Procedures for inspection for recognition of standard universalization of education and eradication of illiteracy…