Thông tư 03/2011/TT-BGDDT

CIRCULAR

PROMULGATING REGULATIONS ON ORGANIZATION AND OPERATION OF FOREIGN LANGUAGE AND/OR IT CENTERS

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to Law on Education dated June 14, 2005; Law on amendments to the Law on Education dated November 25, 2009;

Pursuant to Government's Decree No. 178/2007/NĐ-CP dated December 03, 2007 defining the functions, tasks, powers and organizational structure of Ministries and ministerial agencies;

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

Pursuant to Government's Decree No. 75/2006/ND-CP dated August 02, 2006 providing guidance on Law on Education;

At the request of the Director of the Department of continuing education,

The Minister of Education and Training decides:

Article 1. Promulgating together with this Circular a Regulation on organization and operation of foreign language and/or IT centers.

Article 2. This Circular comes into force from March 15, 2011 and replaces Decision No. 31/2007/QD-BGD&DT dated June 4, 2007 of the Minister of Education and Training promulgating the Regulation on organization and operation of foreign language and/or IT centers.

Article 3. Chief officers, Director of Department of continuing education, Heads of units affiliated to the Ministry of Education and Training, Heads of agencies in charge of institutions having foreign language and/or IT center(s), Directors of Services of Education and Training, Principals of institutions having foreign language and/or IT center(s), Directors of foreign language or IT centers, and relevant organizations or individuals shall implement this Circular./.

REGULATION

ON ORGANIZATION AND OPERATION OF FOREIGN LANGUAGE AND/OR IT CENTERS
(Issued together with Circular No. 03/2011/TT-BGDDT dated January 28, 2011 of the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Regulation deals with organization and operation of foreign language and/or IT centers: requirements, powers, procedures for establishment, acquisition, division, operation suspension, dissolution; operation; organizational structure and personnel; teachers; students; finance and assets of foreign language and/or IT centers; inspection, commendation and actions against violations.

2. This Regulation applies to foreign language and IT centers, IT centers, foreign language centers (hereinafter referred to as foreign language-IT centers or centers) and organizations or individuals involved in operation of the centers.

3. This Regulation does not apply to foreign-invested centers.

Article 2. Position of the centers in national education system

The centers are continuing education institutions of national education system. Every center has legal status, a private seal and a private account.

Article 3. Rights and obligations of the center

Each center shall:

1. Implement following training activities:

a) Foreign language programs;

b) Applied IT programs;

c) Continuing education programs that apply IT-communications technology;

d) Other foreign language or IT programs satisfying the students’ demand.

2. Formulate and implement center development plans in conformity with local and national education development plans.

3. Provide facilities serving the operation of the center.

4. Perform other tasks in terms of foreign languages, such as translation or interpretation or in terms of programming or software installation.

5. Administer examinations and grant Certificates to the center’s students who complete the program as prescribed by the Ministry of Education and Training.

6. Investigate the demand for learning foreign languages, IT, IT-communications in the administrative division, organization and operation and review the organization and operation of the center to improve their training quality.

7. Manage finance and assets of the center as prescribed.

8. Perform other tasks as prescribed.

Article 4. Types of the centers

1. Public centers which are established and provided with facilities and funding for recurrent expenditures by the State.

2. Private centers which are established and provided with facilities and funding by social organizations, socio-professional organizations, business organizations or individuals.

Article 5. Names (in Vietnamese) of the centers

1. The centers shall be named as follows:

a) Regarding foreign language centers or IT centers:

 “Trung tâm ngoại ngữ/tin học” + proper name;

b) Regarding foreign language centers and IT centers:

 “Trung tâm ngoại ngữ - tin học” + proper name

2. The name of the center shall be written on the center’s establishment decision, seal, signboard and other documents.

Article 6. Management of the centers

1. Services of Education and Training shall manage the centers as follows:

a) Centers affiliated Services of Education and Training; centers applying to Services of Education and Training for establishment.

b) Centers affiliated to junior colleges located in the administrative divisions;

c) Centers affiliated to Ministries, agencies, social organizations, and socio-professional organizations located in the administrative divisions.

2. Universities, institutes (hereinafter referred to as universities) and colleges shall manage their centers.

Chapter II

REQUIREMENTS, PROCEDURES AND POWERS TO ESTABLISH, ACQUIRE, DIVIDE, SUSPEND, OR DISSOLVE THE CENTERS

Article 7. Requirements for establishment of the centers

1. Conform to socio-economic development planning and educational institution network planning approved by competent agencies.

2. Center establishment scheme shall contain: objectives and tasks, training programs; land, facilities, equipment, expected location, organization structure, finance; strategies for center establishment and development.

Article 8. The powers to establish, acquire, divide, and dissolve the centers

1. Presidents of People’s Committees of provinces or Directors of Services of Education and Training (as authorized by Presidents of People’s Committees of provinces) shall decide the establishment of their affiliated centers; centers affiliated to junior colleges; and centers founded by other organizations or individuals.

2. Directors of institutes, Principals of universities and colleges shall decide the establishment of their affiliated centers.

3. The Heads of social organizations, socio-professional organizations, and business organizations as prescribed in regulations of law shall have power to establish their affiliated centers (hereinafter referred to as the competent person).

4. The competent person shall have powers to acquire, divide, and dissolve such center.

Article 9. Application and procedures for establishment of the centers

1. The application for establishment of a center shall contain:

a) An application form for center establishment;

b) A scheme for center establishment, including:

- Name, type, location, necessity and legal basis for the center establishment;

- Objectives, functions, and tasks;

- Training program and scope;

- Facilities;

- Organizational structure, Director, Deputy Directors (if any), divisions (or departments);

- Curricula vitae of the expected Director.

c) Draft internal regulation.

2. Procedures for establishment of the center

a) Within 15 working days from the date on which the sufficient application is received as prescribed in Clause 1 of this Article, the agency having power to establish the center (hereinafter referred to as the competent agency) shall verify documents as prescribed. If the application is satisfactory, the competent person shall issue an establishment decision.

b) If the application is rejected, they must provide explanation in writing.

Article 10. Acquisition and division of the center

1. The acquisition and division of the center shall be carried out according to following requirements:

a) Conform to demand for local human resources;

b) Respect rights and interests of teachers and students;

c) Enhance the education quality and effectiveness.

2. The acquisition or division of the center to establish new center(s) shall comply with procedures for center establishment prescribed in Article 9 of this Regulation.

Article 11. Dissolution of the center

1. The center shall be dissolved in one of the following cases:

a) It commits serious violations against regulations on management, organization and operation of the centers;

b) The suspension term expires but the center fails to eliminate the reason(s) for the suspension;

c) The operation objectives and contents mentioned in the establishment decision or establishment permit are not conformable with the demand for socio-economic development;

d) At the request of the center founder.

2. Procedures for dissolution of the center

a) The establishing agency shall send an Inspectorate to assess the center, propose solutions and consider solutions requested by the center founder, and make a report on inspection;

b) According to the inspection results, the competent person shall issue a decision on dissolution of the center. The decision on dissolution must clarify reasons for dissolution, measures for assurance of rights and interests of teachers and students. The dissolution of the center shall be announced by means of mass media.

Chapter III

OPERATION

Article 12. Requirements for training activities

1. Professional and pedagogical qualifications of teachers, technicians (including theory and practice) shall comply with Article 30 of this Regulation. The student-teacher ratio may not exceed 25:1 per class.

2. There are adequate classrooms and suitable rooms serving the training program; and administrative offices serving the management and training activities. Each classroom must have sufficient lighting and a minimum area of 1.5 ^m2/student/class.

3. There are course books, materials, teaching equipment at the request of the training program; libraries, laboratories, workshops and other facilities serving the training program and science and technology activities.

4. There are rooms for staff, teachers and students.

5. The center is permitted by the competent agency.

Article 13. The powers to issue permits; application and procedures for issuing permits to the centers

1. The power to issue permits

a) Directors of Services of Education and Training shall issue permits to centers prescribed in Clause 1 Article 6 of this Regulation and centers affiliated to universities/colleges;

b) Principals of universities/colleges shall issue permits to their centers.

2. Each application for issuing permit shall contain:

a) An application for issuing permit to the center which is signed and stamped by the Director of the center;

b) An establishment decision issued by the competent agency;

c) Internal regulations of the center;

d) A report on office equipment; classrooms, workshops, facilities and documentary evidence on ownership (or lease contract) of land, house and operation funding;

dd) Programs, course books, teaching materials;

e) List of administrative officers and teachers in charge;

g) Regulations on tuition fees, charges;

h) Certificates.

3. Procedures for issuing the permit

a) One application shall be sent to the agency having competence in issuing permit (hereinafter referred to as the issuing agency);

b) Within 10 working days from the date on which the satisfactory application is receive, the issuing agency shall cooperate with relevant agencies or units in assessment of the center and record the results to the assessment report;

c) Within 5 days from the date on which the assessment results are made, the competent person prescribed in Clause 1 of this Article shall permit the center to begin their operation;

d) If the center fails to satisfy all the requirements, the issuing agency shall provide explanation in writing.

Article 14. Suspension of the center operation

1. Any person having competence in issuing permit to a center (hereinafter referred to as person competent to issue permits) shall have power to suspend their operation as prescribed in Clause 1 Article 13 of this Regulation.

2. The center shall be suspended in one of the following cases:

a) The center violates regulations on penalties for administrative violations in leading to suspension;

b) The center cannot operate normally due to objective reasons.

3. Procedures for suspension of the center operation:

a) The person competent to issue permits shall send an Inspectorate to the center and propose solutions;

b) According to the inspection results, the person competent to issue permits shall decide to suspend the center’s operation. The decision on suspension must clarify reasons for operation suspension, suspension term; and measures for assurance of students’ interests. The decision on suspension of the center’s operation shall be announced by means of mass media;

c) When the suspension term expires, if the reason(s) for suspension is/are eliminated, the person competent to suspend center’s operation shall permit the center to assume their operation. If not, the person competent shall provide explanation and solutions in writing;

d) The person competent to issue permits shall immediately issue decision on suspension of the center’s operation upon the violations of the center as prescribed, and then follow procedures prescribed in Clause 3 of this Article.

Article 15. Training programs and methods

1. Each center shall formulate a training program in conformity with their students’ and the local government’s conditions and in accordance with regulations of the Ministry of Education and Training.

2. There are refresher courses which are regularly updated new technology as prescribed.

3. The training methods include: in-service training (periodically concentrated, outside working hours), distance learning (including via-internet study), guided self-study or a combination of these methods.

4. According to training programs and methods, the center shall formulate the learning plan of the course, timetable for each class and disclose to students before the start date.

Article 16. Course books and teaching materials

The centers use course books and teaching materials as prescribed by the Ministry of Education and Training, or other materials not contrary to regulations of law.

Article 17. Enrolment and classes

1. Every Vietnamese citizens and foreign people lawfully living in Vietnam who satisfies conditions and wish to attend any course of the center shall gain admission to the class.

2. The students of the center shall be organized according to classes. Each class shall not exceed 25 students, and have class president and vice president elected by the class. Each class has a homeroom teacher.

Article 18. Examinations and granting Certificates

1. After students finish their course, the center shall administer an examination and grant Certificates to the students.

2. The examinations and granting of Certificates of the center shall be carried out as prescribed by the Ministry of Education and Training.

Article 19. Training for staff and teachers

Annually, the center shall provide training courses for their staff and teachers.

Article 20. International cooperation

1. Depending on the conditions of the center, it shall carry out international cooperation to develop, integrate and improve their quality.

2. The international cooperation must comply with regulations of the State and the Ministry of Education and Training.

Article 21. Reporting

The center shall send reports after examinations and issuance of Certificate and annually to the senior managing agency as prescribed.

Chapter IV

ORGANIZATION AND PERSONNEL

Article 22. Organizational structure of the centers

Organizational structure of a center:

1. Director and Deputy Directors (if necessary).

2. Divisions (or Departments).

3. Advisory boards, internal facilities within the center.

4. Communist organizations and other unions.

Article 23. Director of the center

1. Director of the center must have good political credentials and ethics, managerial capability, have a Bachelor’s Degree in foreign languages or IT, have at least 3 years’ experience in education and be appointed by the deciding agency (regarding the public center) or recognized by the deciding agency (regarding the private center).

2. The Director of the center shall administer and take legal responsibility and be held accountable to senior managing agency for the center’s operation. The tenure of the Director is 5 years.

3. With regard to the private center, the years of age of the Director at the first appointment shall not exceed 65.

Article 24. Rights and obligations of the Director

1. Make plans, perform, supervise and assess results of tasks of the center.

2. Appoint Division Chiefs (or Managers).

3. Manage teachers, staff of the center as prescribed.

4. Admit, manage and decide disciplinary actions against students.

5. Manage facilities and assets of the center, manage finance; decide receipts and expenditures and distribute achievements as prescribed.

6. Grant Certificates to students within his/her competence as prescribed by the Ministry of Education and Training.

7. Attend refresher courses and benefit from policies as prescribed.

Article 25. The Deputy Director of the center

1. The Deputy Director shall, at the request of the Director of the center, be appointed by the deciding agency (regarding the public center) or recognized by the deciding agency (regarding the private center). The Deputy Director shall assist the Director, have good political credentials and ethics, managerial capability and have a Bachelor’s Degree or College Degree.

2. With regard to the private center, the age of the Deputy Director at the first appointment shall not exceed 65.

3. The tenure of the Deputy Director is 5 years.

Article 26. Rights and obligations of the Deputy Director

1. The Deputy Director shall assist the Director to administer the center’s operation and take charge of some works as assigned by the Directors.

2. When performing works assigned by the Director, the Deputy Director shall take legal responsibility and be held accountable to the Director for their work performance.

Article 27. Divisions (or Departments)

1. According to training scope and characteristics of the discipline, the Director shall establish Divisions (or Departments) of the center. Division Chiefs (or Managers) appointed or discharged by the Director shall be in charge of the Divisions (or Departments).

2. The tasks of the Divisions (or Departments) shall be prescribed by the Director.

Article 28. Advisory boards, internal facilities within the center.

1. The Advisory boards and internal facilities within the center shall be established by the Director. Functions, tasks, powers, operation period, number and proportion of members of Advisory boards and internal facilities shall be decided by the Director.

2. Business facilities established in the center shall be in conformity with the training tasks and the center’s conditions. Functions, tasks, organizational structure and management of the business facilities shall comply with regulations of the State and prescribed in the Internal regulations of the center.

Article 29. Communist organizations and unions

1. The Communist organizations in the center shall be established and operated according to the Communist charter, and in accordance with Constitution and law.

2. The unions and social organizations established in the center shall perform tasks of the center and operate in accordance with regulations of law.

Chapter V

TEACHERS

Article 30. Position and qualifications of teachers

1. Teachers of the center are persons in charge of teaching and practice guidelines, including tenured teachers, contract teachers and visiting teachers.

2. Each tenured teacher must obtain at least a College Degree in pedagogy or a College Degree or a Bachelor’s degree suitable for the training program to be assigned and a Certificate of training in pedagogy. Each visiting teacher shall have qualifications as prescribed by the Ministry of Education and Training.

Article 31. Tasks of the teacher

1. Give lessons in conformity with training program objectives and contents, lesson plans; prepare lesson plans, mark exam papers, conduct classes adequately and punctually; manage students in terms of activities conducted by the center; participate in activities of the subject groups.

2. Abide by decisions of the Director; subject to inspection of the Director and education authorities as prescribed; comply with Internal regulations of the center and this Regulation.

3. Preserve the virtue, reputation and honor of an educator; assist his/her colleagues; be exemplary to students, respect dignity, treat equally and protect rights and interests of the students.

Article 32. Rights of the teacher

1. Receive facilitation from the center during performing their tasks.

2. Attend refresher courses and receive physical and spiritual interests; receive healthcare benefits as prescribed;

3. Manage the center directly or through his/her organization.

4. Carry out scientific research, work, provide consultancy services, technology transfers inside or outside the center if he/she ensures all the assignments given by the center.

5. Attend meetings of the Council of emulation, commendation and disciplinary actions if the Council is taking actions against the cases involved by his/her students.

Article 33. Manners, conduct languages and clothing of the teacher

1. Each teacher shall have exemplary and educational manners and conduct language for students.

2. Each teacher shall dress neatly, simply and appropriately to the education activities.

Article 34. Prohibited acts

1. Distort education contents.

2. Offend the honor, dignity and bodies of the students and colleagues.

3. Commit frauds in enrolment, tests, and examinations; intentionally wrongly assess the outcomes of the students; compel students to take private lessons and commit misconduct in education.

4. Other violations against regulations of law.

Chapter VI

STUDENTS

Article 35. Rights and obligations of the students

1. Student of a center means a person who attends one or multiple programs in the center.

2. Each student has following obligations:

a) Comply with adequate requests for learning and practice made by the center;

b) Respect teachers; administrative officers and staff of the center. Comply with Internal regulations of the center and this Regulation;

c) Preserve and protect assets of the center;

d) Pay full tuition fees on time.

Article 36. Rights of the student

1. Be treated with respect and equality; receive adequate information about their study.

2. Choose learning program, method, and location in conformity with his/her conditions and the center; receive facilitation in terms of changes in learning program, method and location and new place admits.

3. Participate in unions or social organizations of the center as prescribed.

4. Protect their rights and interests and give comments about the teaching contents and methods as well as other activities of the center directly or through his/her legal representative.

5. Attend examinations to be granted Certificate if he/she finishes the program and pass all the tests of the program.

Article 37. Manners, conduct languages and clothing of the student

1. Each student must have manners, conduct languages and clothing suitable for ethics and culture of the community.

2. Each student shall dress neatly in conformity with his/her age, their study and the center’s activities.

Article 38. Prohibited acts

1. Offend the honor, dignity and bodies of the teachers, staff and other students in the center.

2. Commit frauds in tests or examinations.

3. Fight, disrupt order and security in the center and public place.

4. Smoke or drink in the classroom or in group activities.

5. Other violations against regulations of law.

Chapter VII

 FINANCE AND ASSETS

Article 39. Assets

1. Assets of the center includes: land, construction works; equipment and assets that is allocated by the State or provided by investors, or given by donors; and assets acquiring during the center’s operation.

2. Annually, the center shall maintain and repair assets, carry out major repair, construct and change new equipment and modernize facilities serving the training activities and scientific research.

3. Annually, the center shall carry out physical inventory count and re-evaluate the assets value and implement reporting as prescribed by the State.

Article 40. Finance

The finance resources of the center include:

1. Funded government budget (if any).

2. Capital contributed by organizations or individuals.

3. Capital invested by credit institutions to expand facilities to serve the training quality and scientific research.

4. Loans granted banks, credit institutions, or individuals.

5. Tuition fees and receipts received from agreements on training, scientific research, consultancy, technology transfers and other activities.

6. Sponsorships from domestic and foreign agencies, organizations, and individuals.

7. Other lawful receipts (if any).

Article 41. Use of the finance sources

The finance resources of the center shall be used in following cases:

1. Educational activities of the center.

2. Facilities, equipment and school materials.

3. Scientific research activities.

4. Refresh courses for teachers and staff of the center.

5. Emulation and commendation.

6. Development expenditures, including: capital expenditures and fixed asset purchase.

7. Fixed asset depreciation.

8. Principal and interests of loans.

9. Humanitarian and charitable funds.

10. Other expenditures as prescribed.

Article 42. Management of assets and finance

The assets and finance of the center shall comply with regulations of the State. Every person in the center is responsible for preserve and protection of the center’s assets.

Chapter VIII

 INSPECTION, COMMENDATION AND ACTIONS AGAINST VIOLATIONS

Article 43. Inspection

1. The center shall self-inspect their operation as prescribed in regulations of law in force.

2. The center shall be subject to inspection of the competent agencies.

Article 44. Commendation

1. Any center or unit affiliated to the center shall comply with this Regulation and record achievements in development and improvement of the training activities as prescribed by the State.

2. Any teacher or staff member of the center records achievements shall be commended and awarded titles as prescribed.

3. Any student of the center record achievements during their study shall be commended by the center or other education authorities as prescribed.

Article 45. Actions against violations

1. If any group of teachers or staff or any teacher or staff member of the center violates this Regulation, they shall, depending on their severity, be disciplined, liable for administrative penalties or criminal prosecution as prescribed; and pay compensation for damage that they caused as prescribed.

2. If any student of the center violates this Regulation and rules during their study, he/she shall, depending on their severity, be disciplined according to methods:

a) Warning, criticizing;

b) Paying compensation for physical damage that they cause;

c) Notifying their workplace and family;

d) Suspension from study.