Thông tư 32/2020/TT-BGDDT

CIRCULAR

ON LOWER SECONDARY SCHOOL, UPPER SECONDARY SCHOOL AND MULTI-LEVEL SCHOOL CHARTER

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Government’s Decree No. 69/2017/ND-CP dated May 25, 2017 on functions, duties, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Decree No. 46/2017/ND-CP dated April 21, 2017 prescribing regulatory requirements for educational investment and operation;

Pursuant to the Government’s Decree No. 127/2018/ND-CP dated September 21, 2018 stipulating responsibility for state management of education;

At the request of the Director General of Secondary Education Department,

The Minister of Education and Training hereby promulgates a Circular on lower secondary school, upper secondary school and multi-level school charter.

Article 1. Promulgated together with this Circular is the lower secondary school, upper secondary school and multi-level school charter.

Article 2. This circular takes effect from November 01, 2020.

This Circular supersedes Circular No. 12/2011/TT-BGDDT dated 28/3/2011 by the Minister of Education and Training promulgating lower secondary school, upper secondary school and multi-level school charter.

Article 3. Head of Office of the Ministry of Education and Training, Director General of Secondary Education Department, heads of relevant affiliates of the Ministry of Education, chairpersons of People’s Committees of provinces and central-affiliated cities, heads of Departments of Education and Training, chairpersons of district-level People’s Committees, heads of Bureaus of Education and Training, principals of lower secondary schools, upper secondary schools and multi-level schools, and relevant organizations and individuals shall implement this Circular./.

LOWER SECONDARY SCHOOL, UPPER SECONDARY SCHOOL AND MULTI-LEVEL SCHOOL CHARTER

(Enclosed with Circular No. 32/2020/TT-BGDDT dated 15/9/2020 by Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This charter provides for organization and operation of lower secondary schools, upper secondary schools and multi-level schools, including school organization and management; organization of education activities in school; duties and rights of teachers and staff; duties and rights of students; property and finance of the school; and relationship between the school, the family and the society.

2. This charter is applicable to lower secondary schools, upper secondary schools, multi-level schools, special schools and other educational institutions adopting the general education curricula (hereinafter collectively referred to as “secondary schools”) and relevant organizations and individuals.

Article 2. Position of secondary schools in national educational system

Secondary schools are institutions providing general education in the national educational system. Each secondary school has legal status and a separate account and stamp.

Article 3. Duties and powers of secondary schools

1. Formulate the school’s development plans and strategies as appropriate to the socio-economic situation of the location where the school is located; determine the school’s vision, mission, and core values in relation to education, culture, history and traditions.

2. Develop and launch the school’s education plans in accordance with the general education curricula promulgated by the Minister of Education and Training. Cooperate with students’ families, organizations and individuals in organization of educational activities.

3. Admit and receive students, and manage students according to regulations of the Ministry of Education and Training.

4. Launch plans for universalization of education as assigned.

5. Enable teachers, staff and students to participate in social activities.

6. Manage teachers and staff as prescribed by law.

7. Mobilize, manage and use resources for education in compliance with the law.

8. Manage, use and preserve facilities and equipment as per the law.

9. Carry out activities of educational quality assurance, assessment and accreditation according to regulations of the Ministry of Education and Training.

10. Publicly announce the school’s commitment to educational quality, educational quality assurance conditions, and revenues and expenditures in compliance with the law.

11. Practice democracy and accountability in management of educational activities; ensure the participation of students, students’ families and the society in management of educational activities as prescribed by law.

12. Perform other duties and exercise other powers as prescribed by law.

Article 4. Secondary school types and systems

1. There are two types of secondary schools: public schools and private schools.

a) A public secondary school is established and directly managed by the competent authority. The school’s facilities and recurrent expenditures are mostly covered by state budget.

b) A private secondary school has its establishment invested in and operating conditions guaranteed by a foreign or Vietnamese investor and is established under the law.  The school’s facilities and operating expenses are not covered by state budget.

2. Single-level secondary schools include:

a) Lower secondary schools.

b) Upper secondary schools.

3. Multi-level schools include:

a) Combined primary and lower secondary schools.

b) Combined lower secondary and upper secondary schools.

c) Combined primary, lower secondary and upper secondary schools.

4. Special schools and other educational institutions include:

a) Boarding general education schools and semi-boarding general education schools for ethnic minorities.

b) Specialized upper secondary schools and schools for gifted students.

c) Schools and classes for persons with disabilities.

d) Correctional institutions.

dd) Other educational institutions.

Article 5. School name and school name sign board

1. Regulations on naming a school:

a) School name format: Trường trung học cơ sở (“lower secondary school”) (or trung học phổ thông (“upper secondary school”); tiểu học và trung học cơ sở (“primary and lower secondary school”); trung học cơ sở và trung học phổ thông (“lower secondary and upper secondary school"); tiểu học, trung học cơ sở và trung học phổ thông (“primary, lower secondary and upper secondary school”); or trung học phổ thông chuyên (“specialized upper secondary school”)) + proper name of the school.

b) The school’s proper name must be clear and transparent, not cause any confusion regarding the organization and operation of the school; and be appropriate to Vietnamese national history, culture, ethics, fine traditions and customs.

2. The school name shall be included in the school’s establishment decision, stamp, school name signboard and transaction documents.

3. Contents of a school name signboard consist of:

a) In top left corner of the board:

- For secondary schools the highest education level of which is lower secondary level:

First row: name of district-level People’s Committee;

Second row: Phòng Giáo dục và Đào tạo (“Bureau of Education and Training”).

- For secondary schools with upper secondary level:

First row: name of provincial People’s Committee;

Second row: Sở Giáo dục và Đào tạo (“Department of Education and Training”).

b) The school name, which is chosen in accordance with regulations in Clause 1 herein, shall be written in the middle of the board.

c) Address, phone number, email address and website (if any) of the school shall be written at the bottom of the board.

4. For special schools with their own organizational and operational regulations, their names and name sign boards shall adhere to such regulations.

Article 6. Competence in management

1. For lower secondary schools and multi-level schools the highest education level of which is lower secondary level, chairpersons of district-level People's Committees shall issue the establishment decision and district-level People's Committees shall be in charge of management.

2. For upper secondary schools and multi-level schools the highest education level of which is upper secondary level, chairpersons of provincial People's Committees shall issue the establishment decision and Departments of Education and Training shall be in charge of management. Departments of Education and Training shall cooperate with district-level People's Committees in management and organization of relevant educational activities of multi-level schools the highest education level of which is upper secondary level.

3. For special schools with their own organizational and operational regulations, competence in management shall adhere to such regulations.

Article 7. Organization and operation of combined primary and secondary schools, special schools and private secondary schools

1. Organization and operation of combined primary and secondary schools are provided for by regulations in this charter and in the primary school charter promulgated by the Minister of Education and Training.

2. Organization and operation of the special schools and private secondary schools mentioned in Article 4 of this charter are provided for by regulations in this charter and organizational and operational regulations for special schools and private secondary schools promulgated by the Minister of Education and Training.

Chapter II

SCHOOL ORGANIZATION AND MANAGEMENT

Article 8. Establishment conditions and procedures; conditions for education provision; merging and division; suspension of education provision; and dissolution for secondary schools and other educational institutions

1. Establishment conditions and procedures for public secondary schools, permission for establishment of private secondary schools; conditions and procedures for education provision by secondary schools; secondary school merging and division; suspension of education provision by secondary schools; and secondary school dissolution are provided for by regulatory requirements for educational investment and operation from the Government.

2. Conditions and procedures for other educational institutions to adopt the general education curricula; and suspension and revocation of decisions permitting other educational institutions to adopt the general education curricula are provided for by regulatory requirements for educational investment and operation from the Government.

Article 9. Organizational structure of secondary schools

Organizational structure of a secondary school comprises the school council; principal and deputy principal(s); emulation and reward council; discipline councils; advisory councils; affiliate of the Communist Party of Vietnam; affiliate of trade union; affiliate of Ho Chi Minh Communist Youth Union; affiliate of Ho Chi Minh Young Pioneer Organization; specialized teams; office team; and units in charge of educational activities characteristic of the school.

Article 10. School council

1. School council of a public secondary school:

a) The school council of a public secondary school shall manage the school, exercise the right of ownership representation of the school and relevant interested parties, decide the school’s operational direction, mobilize and supervise use of resources for the school, link the school with the community and society, and ensure the realization of educational objectives.

b) The school shall be composed of the secretary of the Party Executive Committee; school principal; chairperson of trade union; secretary of the Ho Chi Minh Communist Youth Union, representatives of specialized teams and office team; and representatives of the local government, parent committees and students.

The school council shall have a chairperson, a secretary and other members, and an odd number of members between 07 and 15. The council’s tenure shall be 05 years.

c) The school council shall have the following duties and powers: decide the school’s development objectives, plans, vision and strategies, projects for each period of time and each year; decide the school’s organizational and operational regulations or amendments thereof, which shall be proposed to the competent authority for approval; decide guidelines for use of the school’s funding and property; approve the school’s education plan; supervise admission and organization of activities included in the school’s education plan; supervise implementation of the school council’s decisions and democracy practice in the school; and supervise mobilization, management and use of the school’s resources in compliance with the law.

d) Operation of the school council:

The school council shall convene at least three times a year. Where necessary and at the request of the principal or at least one third of the council members, the council chairperson has the right to convene an irregular meeting to resolve issues arising while the school fulfills its duties and exercises its rights. The council may hold a meeting by requesting written opinions. The council may invite representatives of other groups of people to a meeting if necessary. A meeting session shall be recognized as valid when at least three fourths of the council members attend (including the council chairperson). A decision by the school council shall be passed and come into force with the approval of at least two thirds of the present members. Decisions issued by the school council shall be announced publicly.

dd) School council establishment procedures:

Pursuant to regulations on components of the school council in Point b Clause 1 herein, the school principal shall request the local government to assign a representative to the school council; draw up list of council members introduced by the local government, teachers and other organizations in the school; and send a proposal for decision on recognition of the school council to the chairperson of the district-level People’s Committee (for lower secondary schools and multi-level schools the highest education level of which is lower secondary level) or Director of Department of Education and Training (for upper secondary schools, multi-level schools the highest education level of which is upper secondary level, provincial-level boarding general education schools for ethnic minorities and district-level boarding general education schools for ethnic minorities with upper secondary level).

The principal shall convene the first meeting of the school council to elect the council chairperson by secret ballot; and send a proposal for decision on recognition of the council chairperson to the chairperson of the district-level People’s Committee (for lower secondary schools and multi-level schools the highest education level of which is lower secondary level) or Director of Department of Education and Training (for upper secondary schools, multi-level schools the highest education level of which is upper secondary level, provincial-level boarding general education schools for ethnic minorities and district-level boarding general education schools for ethnic minorities with upper secondary level). The council secretary shall be appointed by the council chairperson.

e) On an annual basis, if there is any change to the council’s members, the school principal shall send a proposal for decision on school council strengthening to the chairperson of district-level People’s Committee (for lower secondary schools and multi-level schools the highest education level of which is lower secondary level) or Director of Department of Education and Training (for upper secondary schools, multi-level schools the highest education level of which is upper secondary level, provincial-level boarding general education schools for ethnic minorities and district-level boarding general education schools for ethnic minorities with upper secondary level).

2. School council of a private secondary school:

a) The school council of a private secondary school shall manage the school, exercise the right of representation of investors and relevant interested parties and implement investors' decisions.

b) The school council shall be composed of investor representatives and in-school and out-school members elected in an investor conference and decided based on capital contribution percentage.

For non-profit private schools, the school council shall be composed of investor representatives elected and decided by investors based on capital contribution percentage; and in-school and out-school members. In-school members shall include standard members and voted members. Standard members are the secretary of the Party Executive Committee, principal, chairperson of trade union and secretary of the Ho Chi Minh Communist Youth Union. Voted members are representatives of teachers and staff elected in a plenary meeting or delegate meeting of the school. Out-school members shall include representatives of leaders, managers, educators, businesspeople and alumni elected in a plenary meeting or delegate meeting of the school.  

c) Duties, powers, establishment procedures and operation of the school council of a private secondary school are provided for by organizational and operational regulations for private secondary schools promulgated by the Minister of Education and Training.

Article 11. School principal and deputy principals

1. School principal

a) The principal of a secondary school shall organize, manage and direct the school's operations and take responsibility for the school’s educational quality.

b) In order to be appointed as the principal of a public secondary school or recognized as the principal of a private secondary school, one must meet the standards provided for in Clause 3 of this Article and other standards as per the law.

c) The tenure of a secondary school’s principal shall be 05 years. After each academic year, the principal shall receive feedback from the school's public employees and staff and be assessed by the competent authority as prescribed by law. A person shall not hold their post as the principal of a public secondary school for more than two consecutive tenures.

d) Duties and rights of principal:

- Build and organize the school’s apparatus according to regulations in Article 9 of this charter; appoint department/unit heads and deputy heads; and establish the school council as per regulations in Points dd and e Clause 1 Article 10 of this charter;

- Formulate the school’s development planning, objectives, vision and strategies; the school’s organizational and operational regulations; and the school’s annual education plans, which shall be proposed to the school council for approval and implementation;

- Adopt the school council’s decisions or conclusions concerning the matters mentioned in Point c Clause 1 Article 10 of this Decree. In case the principal does not agree with a decision from the school council, obtain the opinion of the supervisory education authority. While waiting for said opinion, the principal must abide by the parts of the school council’s decision that are not against existing regulations of law and this charter;

- Submit reports on and assessment of implementation of the school’s education plan and decisions issued by the school council to the school council and competent authorities;

- Recruit and manage teachers and staff; sign labor contracts with teachers and staff, and receive and relocate teachers and staff; manage academic matters; assign tasks to teachers and staff, inspect and evaluate teachers and staff; and reward and discipline teachers and staff as prescribed by law;

- Manage students and student activities organized by the school; approve student assessment results, sign school report books, sign written confirmation of completion of primary education program for primary school students (if any) of multi-level schools, grant certificate of completion of general education program to upper secondary students (if any) and decide rewards and discipline for students;

- Manage the school’s finance and property;

- Provide state benefits for teachers, staff and students; comply with regulations on democracy and accountability of heads of educational institutions in organization of their institutions’ activities; facilitate privatization of education in the school;

- Direct emulation movements and campaigns; provide transparency to the school and the society as per the law;

- Join meetings of specialized teams; self-learn to improve professional capacity and managerial capability; be entitled to benefits offered to teachers and incentive policies as prescribed by law; and may teach in compliance with regulations on teaching hour norms for principals;

- Hold the right to receive training to improve professional capacity and qualifications and be entitled to benefits prescribed by law.

2. Deputy principals

a) Perform management and direction tasks assigned by the principal; direct the school’s operation when authorized by the principal.

b) In order to be appointed or recognized as a deputy principal of a secondary school, one must meet the standards provided for in Clause 3 of this Article and other standards as per the law.

c) The tenure of a secondary school’s deputy principal shall be 05 years. After each academic year, the deputy principal shall receive feedback from the school's public employees and staff and be assessed by the competent authority as prescribed by law.

d) Duties and rights of deputy principals:

- Perform tasks assigned or authorized by the principal;

- Join meetings of specialized teams; self-learn to improve professional capacity and managerial capability; be entitled to benefits offered to teachers and incentive policies as prescribed by law; and may teach in compliance with regulations on teaching hour norms for deputy principals;

- Hold the right to receive training to improve professional capacity and qualifications and be entitled to benefits prescribed by law.

3. Standards for principal and deputy principals of a secondary school

a) Regarding qualifications and years of experience: meet the qualification standards of teachers provided for in the Education Law applicable to the in charged education level or to the highest education level of the multi-level school and have at least 05 years of teaching experience (or 04 years for mountainous areas, islands, remote and isolated areas, areas where ethnic minorities reside and areas with exceptional socio-economic difficulties) in the in charged education level.

b) Meet the standards provided for in the standards for principals of lower secondary schools, upper secondary schools and multi-level schools, which are in compliance with standards for principals of general education institutions promulgated by the Minister of Education and Training.

4. Competence in appointment or recognition of principal and deputy principals of a secondary school

a) Chairpersons of district-level People’s Committees have the power to appoint or recognize principals and deputy principals of  lower secondary schools and multi-level schools the highest education level of which is lower secondary level. Directors of Departments of Education and Training have the power to appoint or recognize principals and deputy principals of upper secondary schools and multi-level schools the highest education level of which is upper secondary level.

b) Procedures for appointment, recognition, reappointment and dismissal of principals and deputy principals are provided for by law.

c) The person with competence in appointment of a principal/deputy principal of a secondary school also has the power to reappoint and dismiss such principal/deputy principal.

Article 12. Other councils in secondary schools

1. Emulation and reward council

The emulation and reward council shall be established at the beginning of each academic year to assist the principal with organizing emulation movements and proposing list of officials, teachers, staff and students deserving a reward. The emulation and reward council shall be established and led by the principal. Members of this council include the secretary of the Party Executive Committee, deputy principal(s), school council representative, trade union chairperson, secretary of the Ho Chi Minh Communist Youth Union (if any), leader of the Ho Chi Minh Young Pioneer Organization (if any), leaders of specialized teams, office team leader and homeroom teachers.

2. Discipline councils

a) The student discipline council shall be established to consider or lift disciplinary sanctions imposed upon students on a case-by-case basis. The principal has the power to issue decision on establishment of the student discipline council and lead this council. Members of the council include deputy principal(s), secretary of the Ho Chi Minh Communist Youth Union (if any), leader of the Ho Chi Minh Young Pioneer Organization (if any), homeroom teacher of the misbehaving student’s class, some teachers with experience in correcting misbehaving students and head of the parent committee of the school.

b) The official, teacher and staff discipline council shall be established to consider and propose disciplinary actions against officials, teachers and staff on a case-by-case basis. Establishment, components and operation of this council are provided for by law.

3. Advisory councils:

Advisory councils shall be established by the principal for each specific task. Duties, components and period of operation of advisory councils shall be decided by the principal.

Article 13. Affiliate of the Communist Party and mass organizations in secondary schools

1. Affiliate of the Communist Party of Vietnam in a secondary school shall direct all aspects of the school and operate under the Constitution and the law.

2. Trade union, Ho Chi Minh Communist Youth Union, Ho Chi Minh Young Pioneer Organization and other social organizations in secondary schools shall operate under the law to assist their schools with achieving educational objectives and applying educational principles.

Article 14. Specialized teams

1. Managerial officials, teachers and public employees in charge of the library and educational equipment, and officials in charge of student counseling shall form specialized teams. Each specialized team shall have a team leader and, if the team has at least 07 members, it shall have a deputy leader. Leaders and deputy leaders of specialized teams shall be appointed, managed and directed by the principal.

2. Duties of a specialized team:

a) Proactively formulate teaching and education plans based on subject-centered curricula and educational activities within its specialized area for each week, month, semester and academic year; cooperate with other specialized teams to develop the school’s education plan.

b) Propose textbooks and publications for reference purposes to be used in the school in compliance with regulations of the Minister of Education and Training.

c) Implement its education plan in accordance with the school’s education plan, which has been approved by the school council.

d) Assess and rank teachers based on professional standards for general education teachers according to regulations of the Minister of Education and Training.

dd) Join professional training according to its own plan and the school’s plan.

e) Perform other tasks assigned by the principal.

3. Specialized teams shall convene at least once every two weeks and may convene an irregular meeting when necessary or at the request of the principal. Specialized teams shall operate in accordance with democratic principles and their members shall respect, share with, learn from and support each other to improve their professional capacity.

Article 15. Office team

1. Each secondary school shall have an office team consisting of staff in charge of record management, accounting, treasury, school healthcare, security and other tasks. The office team shall have a team leader and deputy team leader (if any).

2. Duties of the office team:

a) Formulate, explain and decide its operational plan for each week, month, semester and academic year based on the school's education plan;

b) Assist the principal with record management, financial and property management, statistics and security in the school as prescribed by law.

c) Join professional training according to its own plan and the school’s plan.

d) Assess and rank public employees and workers.

dd) Manage and retain the school’s documents.

e) Perform other tasks assigned by the principal.

3. The office team shall convene at least once a month and may convene an irregular meeting when necessary or at the request of the principal. The office teams shall operate in accordance with democratic principles and their members shall respect, share with, learn from and support each other to improve their professional capacity.

Article 16. Classes

1. Students shall be divided into classes. Each class shall have a class monitor and deputy class monitors who are self-nominated or introduced by the homeroom teacher and elected by the students of the class at the beginning of each academic year or after each semester. Each class shall be divided into different student teams; and each team shall have a team leader and deputy team leader who are self-nominated or introduced by the homeroom teacher and elected by the team members at the beginning of each academic year or after each semester.

2. Activities in classes shall be carried out in a democratic, autonomous and cooperative manner. Each student shall proactively contribute to development of the operational plans of their team and their class with teacher’s assistance.

3. Chairpersons of provincial People’s Committees shall stipulate number of students in each class with the aim of reducing number of students in one class; ensure that each class at the lower secondary or upper secondary level has a maximum of 45 students.

4. Number of students in each class of a special school is provided for in organizational and operational regulations for special schools.

Chapter III

ORGANIZATION OF EDUCATION PROVISION

Article 17. Curricula and education plans

1. Secondary schools shall adopt general education curricula promulgated by the Minister of Education and Training; and implement academic year plans in accordance with regulations of the Ministry of Education and Training and actual capacity of each locality and each school.

2. Based on subject-centered curricula and educational activities of general education curricula, academic year plans and actual capacity of each locality and each school, secondary schools shall formulate their own education plans for adoption of general education curricula.

3. Education plans for students with disabilities receiving inclusive education shall be flexible, suitable for each individual’s capacity and in compliance with regulations on inclusive education for persons with disabilities.

Article 18. Textbooks, teaching equipment and reference documents

1. Textbooks used in secondary schools must be approved by the Minister of Education and Training; provincial People’s Committees shall select textbooks according to regulations of the Ministry of Education and Training. Secondary schools shall provide guidance on use of textbooks for their teachers and students as prescribed by law.

2. Teaching equipment used in secondary schools must be included in list of teaching equipment promulgated by the Ministry of Education and Training or required by general education curricula.

3. Secondary schools shall select and equip teaching equipment and reference documents supporting teaching and educational activities in compliance with regulations of the Minister of Education and Training.

Article 19. Educational activities

1. Educational activities shall be carried out in accordance with the school’s education plans, in and outside of class hours and on and outside of the school’s premises to realize subject-centered curricula and educational activities included in general education curricula promulgated by the Minister of Education and Training.

2. Educational activities may take multiple forms such as learning theory, homework, practicals, experiments, community services, clubs, group activities, reading books, camping, field trips and study projects.

Article 20. Universalization of lower secondary education and inclusive education

1. Secondary schools shall join steering committees, formulate and launch plans for universalization of lower secondary education and ensure universalization of lower secondary education in the localities where they are located.

2. Secondary schools shall cooperate with regulatory bodies and mass organizations in encouraging students eligible for universalization of lower secondary education to attend school. Organize teaching and educational activities in a manner that ensures quality of universalization of lower secondary education.

3. Secondary schools shall participate in investigations, update figures and manage dossiers on universalization of lower secondary education in assigned localities; cooperate in inspecting and evaluating results of universalization of lower secondary education in communes; advise commune-level governments to request district-level People’s Committees to perform an inspection and recognize conformity to standards for universalization of lower secondary education to as per the law.

4. Lower secondary schools shall provide inclusive education for disadvantaged students and students with disabilities in their schools according to regulations of the Law on Persons with Disabilities and guidelines thereof, regulations of this charter and regulations on inclusive education for persons with disabilities promulgated by the Minister of Education and Training.

Article 21. Documents for management of education provision

Documents for management of education provision by secondary schools include:

1. For secondary schools:

a) Student records

b) School report books

c) Student progress monitoring and assessment books (by class)

d) Documents on education provided for students with disabilities (if any)

dd) Education plans of each school (by academic year).

e) Lesson start record books

g) Books for management of degree/certificate conferral

h) Books for management of documents and official dispatches sent and received, and archived documents and official dispatches sent and received

i) Documents on educational equipment and library management

k) Finance and property management documents

l) Documents on inspection and assessment of officials, teachers and staff

m) Student health monitoring documents

n) Student reward and discipline documents

o) Documents on universalization of education (for lower secondary level)

2. For specialized teams:

a) Education plan of each team (by academic year).

b) Meeting record books

3. For teachers:

a) Education plan of each teacher (by academic year).

b) Lesson plans

c) Student progress monitoring and assessment books

d) Homeroom teacher books (for homeroom teachers)

4. Electronic files of the documents mentioned in Clauses 1, 2 and 3 herein may be used instead of their physical version following a roadmap suitable for the capacity of each locality, school and teacher and in accordance with requirements for lawfulness of electronic documents. Departments of Education and Training shall stipulate electronic document management based on connectivity and data standards from the Ministry of Education and Training.

5. Preservation of documents for management of education provision is provided for by law.

Article 22. Assessment of student performance

1. Student performance shall be assessed in compliance with regulations on student assessment and ranking from the Ministry of Education and Training.

2. Students shall be assessed in accordance with regulations of general education curricula promulgated by the Minister of Education and Training; in a manner that ensures comprehensiveness, fairness, honesty and impartiality; with the aim of improving student performance and a focus on encouraging students' growth; and via different methods, techniques and tools; avoid comparing students against each other or placing students, teachers and students’ parents under pressure.

3. For primary school students of multi-level schools having completed their primary school programs and meeting the requirements set by the Ministry of Education and Training, their school principals shall certify that they have completed primary education in their school report books.

4. For students having completed their lower secondary school programs and meeting the requirements set by the Ministry of Education and Training, heads of Bureaus of Education and Training managing their schools shall confer upon them the lower secondary school diploma.

5. Students having completed their upper secondary programs and meeting the requirements set by the Ministry of Education and Training will be eligible to take the graduation examination. Directors of Departments of Education and Training shall confer the upper secondary school diploma upon those who pass this exam. For students who do not take this exam or fail this exam, principals of their schools shall confer upon them the certificate of completion of general education.

6. Information technology shall be applied to assessment of student performance following a road map suitable for the actual capacity of each educational institution and in a manner that complies with assessment requirements, aims for student's improvement and promotes teaching and educational methods that nurture student’s virtue and capacity.

Article 23. School tradition protection and enhancement

1. Each secondary school shall have a tradition room to preserve documents and items related to the school’s establishment and development to educate teachers, staff and students on the school’s traditions.

2. Each school shall choose a day for annual celebration of its traditions (if any).

3. Alumni of a secondary school may establish a communications team to protect and enhance their school’s good traditions and mobilize resources to assist the school in achieving educational objectives and applying educational principles.

Article 24. Promotion of reading culture

1. Secondary schools shall enable their teachers and students to access and use information from their libraries and other useful information sources to promote reading culture.

2. Secondary schools shall develop reading skills and information searching skills of their teachers and students.

Article 25. International cooperation

Secondary schools may develop international cooperation programs as appropriate to their needs and actual capacity and as prescribed by law.

Chapter IV

DUTIES AND RIGHTS OF TEACHERS AND STAFF

Article 26. Secondary school teachers and staff

1. Teachers shall teach and educate students in secondary schools.

2. Staff shall support teaching and educational activities organized for students in secondary schools.

Article 27. Duties of teachers

1. Organize teaching and educational activities according to education plans of the school and specialized teams; manage students in educational activities organized by the school; participate in professional activities; and take responsibility for educational quality and effectiveness.

2. Foster moral values, uphold spirit of responsibility, preserve virtues, honor and reputation of the teacher; display exemplary behaviors in front of students; love and treat students with fairness, and respect students' personalities; protect student's legitimate rights and interest; and cooperate with and support fellow teachers.

3. Learn and train continuously to improve their health, political qualifications, and professional qualifications and knowledge, reform teaching and educational methods.

4. Participate in refresher and training courses.

5. Take part in local universalization of lower secondary education.

6. Fulfill civic duties, comply with regulations of law and the education sector, and the principal’s decisions; perform tasks assigned by the principal and be subject to inspection and assessment by the principal and education authorities.

7. Cooperate with the Ho Chi Minh Young Pioneer Organization, Ho Chi Minh Communist Youth Union, Vietnam Youth Federation, students’ families and relevant social organizations in educational activities.

8. Perform other duties as prescribed by law.

Article 28. Duties of staff

1. Formulate work plans suitable for each work position and requirements of each education level.

2. Implement approved work plans.

3. Manage and preserve teaching and educational equipment and documents as per the law.

4. Cooperate with teachers and other staff in performing tasks and supporting teaching and educational activities in the school.

5. Comply with reporting requirements.

6. Learn and train continuously to improve their health, political qualifications, and professional qualifications and knowledge.

7. Participate in refresher and training courses.

8. Perform other tasks assigned by the principal.

Article 29. Rights of teachers and staff

1. Rights of teachers and staff:

a) Independently perform their assigned duties with support from specialized teams and the school.

b) Enjoy salary, allowances and incentive policies (if any) as per the law; change their professional title; and enjoy material and spiritual rights as prescribed by law.

c) Be enabled to learn and train to improve their political qualifications and professional qualifications and knowledge; receive full salary, allowances calculated based on salary and other benefits as per the law when sent to study by the competent authority.

d) Enter into visiting teaching agreements and scientific research agreements with other schools and educational institutions or scientific research institutions provided that they complete the duties towards their workplace and receive written permission from the principal.

dd) Receive respect and protection with regard to their honor, dignity and body integrity.

e) Have summer vacation and other leaves as prescribed by law.

g) Hold other rights as per the law.

2. Rights of homeroom teachers besides those provided for in Clause 1 herein:

a) Join other classes and educational activities involving their charges.

b) Attend meetings of the reward council and discipline council upon handling of matters concerning their charges.

c) Participate in refresher courses and symposia about homeroom teacher duties.

d) Permit a student to take a maximum of 03 consecutive days off if they have a legitimate reason for absence.

dd) Have their teaching hour norm reduced according to regulations.

Article 30. Qualification standards and professional standards of teachers and staff

1. Regulations on qualification standards of teachers:

a) Every secondary school teacher must hold a bachelor’s degree in pedagogy or higher (or pedagogical university degree) or a bachelor’s degree (university degree) in a suitable major and a certificate in pedagogy as prescribed by law.

b) Schools and education authorities shall enable teachers not meeting the abovementioned standard to receiving training as per the law.

2. Professional standards of teachers:

Secondary school teachers must meet the professional standards applicable to the education level that they are teaching, which shall be assessed using the professional standards for general education teachers according to regulations of the Minister of Education and Training.

3. Secondary school staff must meet the qualification standards applicable to their position according to regulations of law.

Article 31. Manners and attire of teachers and staff

1. Prohibited acts for teachers and staff:

a) Strip students and coworkers of their honor or dignity; infringe upon bodily integrity of students and coworkers.  

b) Act dishonestly during an examination or admission process; act dishonestly during assessment of student performance; skip teaching or cut teaching or educational contents without permission.

c) Distort teaching or educational contents; teach wrong knowledge or contents that are against the education guidelines or viewpoints of the Communist Party of Vietnam and the State.

d) Force students to take extra classes for money; take advantage of educational sponsorship or assistance to forcibly extract cash or kind contributions.

dd) Smoke or consume alcohol or other stimulants while participating in teaching or educational activities.

e) Hinder support given to teaching or educational activities and other activities.

2. Teachers and staff must have the language and manners that are appropriate to the education settings and help educate students.

3. Teachers and staff must wear attire that is appropriate to the education settings and in compliance with the Government’s regulations on attire of public employees.

4. Teachers and staff shall not commit other prohibited acts provided for by regulations of law.

Article 32. Reward and handling of violations

1. Teachers and staff who have accomplished an achievement are entitled to a reward and/or an emulation title and other titles as prescribed by law.

2. Teachers and staff committing a violation against the regulations of this charter and other regulations of law shall be handled as prescribed by law.

Chapter V

DUTIES AND RIGHTS OF STUDENTS

Article 33. Secondary school age

1. Children shall start the sixth grade at the age of 11 and the tenth grade at the age of 15. For students skipping a grade or over-age students, the sixth grade and tenth grade starting ages shall be adjusted based on the age at which these students graduate from the previous education level.

2. For ethnic minority students, students with disabilities, disadvantaged students and students returning to Vietnam from abroad, maximum secondary school starting age shall be 03 years older than the compulsory starting age.

3. At an education level, students may not repeat a grade more than 03 times.

4. Students with good physical capacity and early intelligence development may enter the sixth or tenth grade before the compulsory starting age or skip to the next grade within the same education level. Consideration shall be given on a case-by-case basis and in accordance with the following procedures:

a) The student’s parent or guardian submits an application to the school.

b) The school principal establishes a survey and advisory council with the following main members: representatives of school leaders and parent committee of the school; and teachers teaching the student's class.

c) The school principal considers and makes a decision based on the result of the survey conducted by the survey and advisory council.

5. Students at an appropriate age returning to Vietnam from abroad and children of foreigners working in Vietnam may enroll in local or non-local secondary schools capable of receiving them. Consideration shall be given on a case-by-case basis and in accordance with the following procedures:

a) The student’s parent or guardian submits an application to the school.

b) The school principal organizes an assessment of the student’s capacity and places them in a suitable class.

Article 34. Duties of students

1. Learn and train according to curricula and education plans of their schools.

2. Respect their parents, officials, teachers and staff of their schools, and those older than them; maintain solidarity and mutual support in learning and training; conform to the charter and rules of their schools; and abide by the law.

3. Take exercises and maintain personal hygiene.

4. Participate in group activities of their schools and classes, Ho Chi Minh Young Pioneer Organization and Ho Chi Minh Communist Youth Union; help their families, join physical and social activities and environmental protection activities, and maintain traffic order and safety.

5. Protect school and public property; contribute to fostering, preservation and enhancement of school traditions.

Article 35. Rights of students

1. Receive comprehensive education with fairness, be provided with time, facilities, hygiene and safety to learn in class and self-learn at home, be informed of their education and training, and be able to use learning, cultural and sport equipment of their schools as per the law.

2. Receive respect, protection and fair and democratic treatment, complain to their schools and education authorities about decisions concerning themselves; transfer school with legitimate reason as per existing regulations; enter school before the compulsory starting age, skip a grade and study at an age higher than the compulsory attendance age according to regulations in Article 33 of this charter.

3. Participate in activities for development of their gifts in academic subjects, sports and art organized by their schools if able to.

4. Students eligible for social benefits, disadvantaged students and gifted students may receive sponsorship or other benefits as per the law.

5. Transfer school if eligible according to regulations following school transfer procedures stipulated by the Minister of Education and Training.

6. Enjoy other rights as per the law.

Article 36. Manners and attire of students

1. Students must have appropriate, respectful, friendly and cultured manners and language that suit the moral values and lifestyle of secondary school students.

2. Student’s attire must be proper, clean, tidy, appropriate for their age and convenient for learning and other activities at school. Depending on the capacity of each school, the school principal may decide whether to let students wear uniform and seek approval from the parent committee of the school.

Article 37. Prohibited acts for students

1. Disrespect the dignity, honor or bodily integrity of teachers, officials and staff of their schools, other people and other students.

2. Act dishonestly in learning, examinations or admission process.

3. Buy, sell or use alcohol, tobacco, drugs, other stimulants, firecrackers or explosives.

4. Use mobile phones and other devices in class for purposes other than learning and without the teacher's permission.

5. Fight or disrupt public or school order or security.

6. Use or exchange cultural products that incite violence or contain indecent materials; use toys or play games that impede their own healthy development.

7. Students shall not commit other prohibited acts provided for by regulations of law.

Article 38. Reward and discipline

1. Teachers, secondary schools and education authorities shall reward students with learning and training achievements in the following ways:

a) Commend them in front of the class or the whole school.

b) Grant them titles for students according to regulations.

c) Grant certificates and certificates of merit to students with outstanding achievements or exceptional improvement in learning or emulation movements and competition winners according to regulations and with permission from the Ministry of Education and Training.

d) Other ways to reward.

2. Students making a mistake during the learning and training process shall be corrected or disciplined in the following ways:

a) Give the student a reminder, directly support them in correcting their mistake.

b) Reprimand the student, inform the student’s parent(s) to have the parent(s) cooperate in supporting the student in correcting their mistake.

c) Suspend the student’s study at school for a definite period and take other correcting measures according to regulations from the Ministry of Education and Training.

Chapter VI

SCHOOL FINANCE AND PROPERTY

Article 39. Location, size and area

Location, size and area of secondary schools must meet the requirements from the Ministry of Education and Training.

Article 40. Facilities of secondary schools

1. Technical infrastructure and facilities of secondary schools must meet the minimum standards for secondary school facilities provided for by the Ministry of Education and Training.

2. Schools shall formulate and propose specific plans and roadmaps for investment in additional facilities with the aim of meeting higher facilities standards to competent authorities for approval.

3. Schools shall manage and use their facilities effectively, avoiding wastage; and have plans for periodical facilities upgrade according to regulations; and shall not use facilities past their service life or facilities not meeting safety requirements unless upgraded or repaired.

Article 41. Educational equipment

1. Secondary schools shall be furnished with educational equipment and manage and use educational equipment in teaching and educational activities effectively according to regulations of the Ministry of Education and Training.

2. Teachers shall use educational equipment of their schools for teaching and educational activities effective; it is encouraged that teachers and students make their own teaching equipment based on knowledge and teaching/educating methods provided for in general education curricula.

Article 42. Libraries

1. Every secondary school shall have a library. The library shall be organized and operate in accordance with standards for general education schools from the Ministry of Education and Training.

2. School libraries shall support learning, teaching and scientific research activities of students, teachers, officials and staff.

3. School libraries shall be arranged in a safe, scientific, friendly and lively manner and as suitable for psychophysiological characteristics of secondary school students. Schools are encouraged to build open libraries and create a separate reading space for their students. Capable schools shall develop electronic libraries.

4. Privatization of library development is encouraged.

Article 43. School finance

Investment in and provision, management and use of secondary school property and finance are provided for by law and existing regulations of the Ministry of Finance and Ministry of Education and Training.

Chapter VII

RELATIONSHIP BETWEEN THE SCHOOL, THE FAMILY AND THE SOCIETY

Article 44. Parent committees

1. Each class shall have a parent committee that is formed for every academic year and consists of parents and guardians of the class’s students elected to cooperate with the homeroom teacher and subject teachers in educating the students.

2. Each school shall have a parent committee that is formed for every academic year and some members of which are elected by the parent committee of each class to cooperate with the school in educational activities.

3. Duties, powers, organization and operation of the parent committee of each class or secondary school are provided for in the parent committee charter promulgated by the Minister of Education and Training.

Article 45. Relationship between the school, the family and the society

1. The school shall proactively, regularly and closely cooperate with the family and the society in building a unified learning environment to achieve educational objectives and apply educational principles.

2. The school shall cooperate with the local government and mass organizations, parent committees and relevant socio-political organizations and individuals in:

a) Finalize educating methods, contents and viewpoints between the school, the family and the society to achieve educational objectives.

b) Mobilize forces and resources of the community for education and educational equipment and facilities for the school; develop learning movements and build a healthy and safe learning environment; prevent bad influence on students; and enable students to play and participate in healthy and age-appropriate cultural and sport activities.