Thông tư 54/2011/TT-BGDDT

CIRCULAR

ON PROMULGATION OF THE CHARTER OF THE PROFESSIONAL SECONDARY SCHOOL

Pursuant to the Law on Education dated June 14, 2005 and the Law amending and supplementing some articles of the Law on Education dated November 25, 2009 ;

Pursuant to the Decree No. 178/2007/ND-CP dated December 03, 2007 of the Government on functions, tasks,  powers and organizational structure of the ministries and ministerial-level agencies;

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

Pursuant to the Decree No.75 /2006/ND-CP dated August 02, 2006 of the Government on providing details and guiding implementation of some articles of the Law on Education; the Decree No. 31/2011/ND-CP dated May 11, 2011 on amendment and supplement of some articles of the Decree No. 75/2006/ND-CP;

Pursuant to the Decree No. 115/2010/ND-CP dated December 24, 2010 of the Government on responsibility for state management on education;

According to Proposal of the Head of the Professional Education Department;

The Minister of Education and Training decides:

Article 1. Promulgating attached to this Circular the Charter of the Professional Secondary School.

Article 2. This Circular shall come into force from December 31, 2011.

This Circular shall replace the Decision No. 43/2008/QD-BGDDT dated July 29, 2008 of the Minister of Education and Training on promulgation of the Charter of the Professional Secondary School.

Article 3. Office Manager, Head of the Professional Education Department, heads of concerned units under the Ministry of Education and Training, leaders of ministries and sectors which has Professional Secondary School, Presidents of Provincial People’s Committees, Directors of Education and Training Bureaus, and the Principals of the Professional Secondary Schools are responsible for implementation of this Circular./.

CHARTER

PROFESSIONAL SECONDARY SCHOOL
(Attached to the Circular No. 54 /2011/TT-BGDDT dated November 15, 2011 of the Minister of Education and Training)

Chapter I

GENERAL PROVISION

Article 1. Governing Scope and subjects of Application

1. This Charter regulates the organizational structure and operation of the professional secondary school including: organizational structure and management; organizational structure and training activities; teachers, officers; employees, learners; assets and finance; the school, family and the society.

2. This Charter shall be applied for Professional Secondary School and organizations and individuals participating in activities at the Professional Secondary School.

Article 2. Position of the Professional Secondary School

The Professional Secondary School is professional education institutions under the public education system. The School has legal status, own seal and bank account.

Article 3. Functions and powers of the Professional Secondary School

1. Organize the School’s apparatus, recruit, manage, use and train and treat its officers, staffs.

2. Develop and organize for implementation the plan, strategy and development plan of the School in 5 years and 10 years period.

3. Develop the enrollment target, organize the enrollment examination, organize the teaching and learning, manage the learners and other educational activities according to the objectives, educational programs; certify for graduation; grant the diplomas, certificates based on authorization.   

4. Design and promulgate the education program based on the regulations on the framework program and the framework professional secondary training programs issued by the Ministry of Education and Training. Compilation or select the curriculum of the Professional Secondary training sectors to use as the official teaching materials for the school to ensure to have sufficient curriculum for teaching and learning. The drafting or selection and approval of the curriculum for the Professional Secondary training sectors must comply with the regulations of the Ministry of Education and Training.

5. Organize for scientific research; application, development and transfer technology, carry out the scientific –technique services and business, manufacture according to laws and regulations. 

6. Self – assessment of the educational qualification and subject to the educational qualification assessment of the authorized agencies. Develop the supervision and assessment system of the educational qualification.

7. Be allocated land or leased land by State, be allocated or leased the facilities, exempted or reduced the tax, grant credit; mobilize management and use the resources based on regulations under laws.

8. Develop the technical and material facilities according to standardized and modernization requirements.

9. Use the revenues from economic activities to invest in building the material facility for the School, widen production, business and service and expense for educational activities based on regulations under laws.

10. Coordinate with family of learners, organizations and individuals in educational activities; organize for learners, officers, staffs to join the social activities.

11. Cooperate with the economic, educational, culture, gymnastic, sports, health, and scientific research organizations to increase the educational qualification connect the training with employing and job opportunities, serve for the socio-economic development, and supplement more resources for the School.

12. Cooperate with the foreign economic, educational, culture, gymnastic, sports, health, and scientific research organizations according to the regulations.

13. Implement publicly commit the training qualification and publicly actual training qualification, conditions to ensure the training qualification and financial receives and expenditures. Implement the self-control right, self-responsibility and other powers according to laws.

Article 4. Professional Secondary School system and types

1. Professional Secondary School system includes:

a) Professional Secondary School which is under the management of ministries or sectors (including Professional Secondary School which belongs to the enterprises that the ministries or sectors carry out some rights and duties of the owners according to the legal provisions);

b) Professional Secondary School which is under centrally-affiliated cities and provinces (generally referred to as the provincial Professional Secondary School).

2. Professional Secondary School shall be organized as public and private schools.

a) The public school is established by the State and the State shall invest the material facilities and ensure the budget for regular expenditure;

b) The private school is established by social, socio-professional organizations, economic organizations or individuals and shall invest to build the material facilities and ensure the operational expenditure out of the State budget.

Article 5. Principle on naming the professional secondary school

1. The name of the professional secondary school shall be written in Vietnamese and translated into English which include the following phrases:

Professional Secondary School + The main training field (if necessary) + specific name of the school

2. The name of the newly established Professional Secondary School does not coincide with the previously established ones in the national system of the Professional Secondary School.

3. The name of the Professional Secondary School must be proper with the history, culture and regulations under Vietnamese law. The name of the Professional Secondary School shall not be changed, in the special cases, if it is necessary to change the name of the school, the authorized agencies which have right to decide the establishment or allow the establishment of the Professional Secondary School issue the decision on changing the name of the school. The decision on changing the name of the School must be sent to the Ministry of Training and Education for overseeing, managing and also must be widely published on the mass media.

Article 6. Management of the Professional Secondary School

1. The Professional Secondary School is subject to the state management on education of the Ministry of Training and Education. 

2. The Professional Secondary School which is under the management of ministries or sectors must be managed by such ministries or sectors and also is subject to the administrative management of the People’s Committee of the centrally-affiliated cities and provinces (herein after referred to as Provincial People’s Committee) where the School located.  

3. The Professional Secondary School under the province’s management is unit which is under the management of the Department of Training and Education of centrally-affiliated cities and provinces (herein after refer to as Department of Training and Education) and is subject to the State management of the Provincial People’s Committee. 

Article 7. Regulation on operational organization of the Professional Secondary School

Based on the regulations of this Charter, and Regulation on operational organization of the Private Professional Secondary School and relevant laws and regulations, the each Professional Secondary School develops its owned the operation and organization Regulation and public for the society to know and supervise.

Chapter II

ESTABLISHMENT, ALLOW TO CARRY OUT EDUCATIONAL ACTIVITIES, SUSPENSION OF THE EDUCATIONAL ACTIVITIES, MERGE, SPLIT - UP, SEPARATION, DISSOLUTION AND ESTABLISHMENT OF THE PROFESSONAL SECONDARY SCHOOL BRANCHES

Article 8. Concepts, conditions to establish the professional secondary school

1. The establishment of the professional secondary school including new establishment or upgrading or transform from an education and training institution at different level into a professional secondary school.

2. Conditions for Establishment of the Professional Secondary School

a) Have the establishment project which is suitable with socio – economic development plan and the education institution network plan approved by the authorized agencies;

b) The establishment project must clearly define the educational objectives, tasks, program and curriculum; land, material facilities and equipment, estimated place to build the school, organizational structure, resources and finance; strategic directions, development plan of the school.

Article 9. Conditions for operation for the professional secondary school

1. Have the decision on establishment or decision on allowing the establishment.

2. The location to build the school must ensure the educational environment, safe for learners, trainers and employees.

3. Have the premises, facilities and equipments meet the educational demands. Of which, the construction floor area is not less than 2m2/student and the total area of the school is not less than 2 ha.

4. Have the curriculum, material facilities, and pool of management staff and teachers which ensure to follow regulations on opening training sector at professional secondary level of the Ministry of Education and Training.

5. Have enough financial resources in accordance with regulations to ensure the maintenance and development of the educational activities. For the private professional secondary school, the minimum chartered capital is 22.5 billion dong which is contributed from the legitimate sources of fund, not to mention the value of land.  

6. Have regulation on organization and operation of the School.

7. Within 02 years, from the date that the decision on establishment or decision on allowing the establishment comes into force, if the school meets all conditions regulated in this Circular, the authorized agencies shall allow the school to carry out educational activities. After 02 years from the date that the decision on establishment or decision on allowing the establishment comes into force, if the Professional Secondary School is not granted with graduation operation license, the decision on establishment or decision on allowing the establishment shall be expired.

Article 10. Power for establishment, allow carrying out educational activities, suspension of the educational activities, merging, splitting - up, separation, dissolution and establishment of the professional secondary school branches

1. Minister, head of ministerial-level agencies decide the establishment, allow carrying out, suspension of the educational activities, merge, split - up, separation, dissolution and establishment of the professional secondary school branches.

2. Presidents of the Provincial People’s Committees shall decide the establishment or allow the establishment, merges, split - up, separation, dissolution and establishment of the professional secondary school branches under their provinces.

3. Directors of Education and Training Department an issue decision on allowing educational activities, suspension of the educational activities with respect to the professional secondary school under their provinces.

Article 11. Dossiers, order of and procedures for establish the professional secondary school

1. Dossiers for school establishment including:

a) Letter of Explanation on school establishment;

b) Project on school establishment must include the following major contents:

- Name of the school, type of the school, location, necessary and legal basis for school establishment;

- Objectives, functions and tasks of the school;

- Proposed training fields;

- Training scale, enrollment sources, and enrollment objects;

- Organizational structure of the School (School Council or Governance Board, Principal, Deputy Principals, Faculties, Departments, Logistic units, etc);

- The necessary factors to ensure that the school shall operate as expected on the following perspectives: management personnel, teaching and supporting, operational expenditure, land area, building area, and facilities and equipments for proposed training fields.  

Number of set of dossiers: 04 sets.

2. Order of and procedures for establishment of the professional secondary school

a) Organs, organizations and individuals proposed for establishment of the school have to prepare the documents according to regulations under Sub-article 1 of this Article and send to the organizations which have power to decide the establishment or allow the establishment of the School. The decisive organizations have duty to assign the units to assess and issue the decision.    

b) Assessment of the school establishment’s documents

- For the Professional Secondary school under the Ministry or Branch: the unit which is assigned to manage and keep track the Professional Secondary educational activities of the Ministry or Branch, shall assume the prime responsibility for and coordinate with concerning units in the Ministry or Branch to carry out the assessment. For the Professional Secondary School under the Provincial People’s Committee, the Provincial Department of Training and Education assume the prime responsibility for and coordinate with concerning departments to carry out the assessment;

- The assessment report shall be signed by the head of responsible unit. The contents of the report must ensure to have enough basic information for the authorized organizations to decide: agree or disagree with the establishment of the school, not allow the establishment, some issues in the project should be further researched.  

c) Decide the establishment or allow the establishment of the School

After the assessment, if it is agreed to establish the school, the organization which is responsible for organization of the assessment shall make decision draft then submit it to the authorized organization to sign the decision on the establishment or allow the establishment of the professional secondary school. The decision on the establishment or allow the establishment of the professional secondary school must be sent to the Ministry of Training and Education for overseeing and management (except the professional secondary school under the Ministry of Training and Education).

d) Time limit for settlement of the establishment of the Professional Secondary School

- Within 05 working days upon receipt the application dossier of the organizations and individuals proposed for the establishment of the school, if the dossier is not complete as prescribed, the dossier received agency must issue the written notification to ask those organizations and individuals to amend or supplement the dossier;

- Within 30 working days upon receipt the full application dossier, the authorized agencies must issue the decision on the establishment or allow the establishment of the professional secondary school.  

Article 12. Dossiers, order of and procedures for permit to conduct the educational activities for Professional Secondary School

1. The dossier proposing permit a School to conduct the educational activities includes:

a) Decision on the establishment or allow the establishment of the school;

b) Explanation Paper on request to conduct the educational activities;

c) Report on the result of implementation of the Project on Establishment of the School. The report must provide in details information on land for construction of school, number of classrooms, working rooms, laboratory, library, material facility and equipment used for the training activities; practicing area, dormitory, sports area and other works having been constructed on the land; organizational structure, management staff, lecturers, finance preparing for the school’s activities;

d) Curriculum, details credit program, list of material facilities, tentatively list of lecturers who is going to teach the training fields of the School under provisions on opening Professional Secondary training sectors of the Ministry of Education and Training;

dd) Regulation on organization and operation of the School.

Number of sets of dossier is 04 sets.

2. Order of and procedures for applying for permit Professional Secondary school to conduct the educational activities.

a) For the Professional Secondary Schools under the Ministries or Branches

- The school must prepare the dossier under the Sub-Article 1 of this Article and send two set of dossier to the Provincial Department of Training and Education where the school locates its head office together with a document requesting for verification of conditions to register the educational activities;

- Within 10 working days upon receipt the application dossier and document of the School, the Provincial Department of Training and Education where the school locates its head office must organize the examination and have a factual examination minute and certifying the school building status, material facilities, pool of teachers being recorded in the educational activities registration dossier of the school;

- The School sends two sets of dossier together with the factual examination minute and verification of the Department of Training and Education to the organization which has power to permit conducting the educational activities. The organization which has power to permit conducting the educational activities or appointing eligible training establishment, shall establish the assessment board and organize for assessment the training program. Training program assessment process must follow the regulations on opening of the professional secondary training level of the Ministry of Training and Education. Based on the dossier and the verification examination minute of the Department of Training and Education, and result of the training program assessment, the authorized agency shall sign the decision allowing the professional secondary school to conduct the educational activities. The decision allowing the professional secondary school to conduct the educational activities must specify the time that the school starts their activities and branches permitted to conduct the training.

The decision allowing the professional secondary school to conduct the educational activities must be sent to the Ministry of Training and Education for overseeing and management (except the professional secondary school under the Ministry of Training and Education).

b) For the Professional Secondary School under the Provincial People’s Committee

- The school shall prepare the dossier stipulated in Sub-Article 1 of this Article and send to the Provincial Department of Training and Education.

- The Provincial Department of Training and Education shall organize for examination and make the factual examination minute on the school building status, material facilities, pool of teachers as recorded in the educational operation registration dossier of the school;

- The Provincial Department of Training and Education appointing eligible training institutions, establish the Assessment Board and organize for assessment of the training program. The assessment process of the training program must follow the regulations on opening of the training sector at professional secondary level of the Ministry of Training and Education. 

- Based on the document, examination minute, and the result of the assessment of the training program, director of the Provincial Department of Training and Education shall sign the decision on allowing the Professional Secondary school to conduct the educational activities. In the decision on allowing the Professional Secondary school to conduct the educational activities, it must be clearly stated the time that the school starting the operation and fields being allowed conducting training.

The decision on allowing the professional secondary school to conduct the educational activities must be sent to the Ministry of Education and Training for overseeing and management.

c) Time limit of settlement of allowing Professional Secondary school to conduct the educational activities

- Within 05 working days upon receipt of the dossier of the Professional Secondary school propose for conducting the educational activities, if the dossier is not enough as regulated, the dossier receiving organization must issue written notice for the school to amend and supplement the dossier;

- With 20 working days upon receipt of the full and correct documents, the authorized organization must issue the decision on allowing the professional secondary school to conduct the educational activities.   

Article 13. Merger, division, separation and establishment of the professional training school branches

1. Merger, division, separation and establishment of the professional training school branches must ensure the following requirement:

a) Be suitable with the planning of the network of the Professional Secondary training schools;

b) Meet the socio – economic development demands;

c) Ensure the benefits of teachers and students;

d) Contribute to increase the quality and effectiveness of the educational activities.

2. Merger, division, separation to establish the Professional Secondary training school must follow the procedures for  and order of the establishment of the professional training school as stipulated in Article 11 of this Circular.

3. The establishment of the professional training school branches must follow the procedures for and order of the establishment of the professional training school as stipulated in Article 11 of this Circular and the following regulations:

a) The establishment of the professional training school branches under the ministries or branches and the establishment of the school branches in different province must be approved in written by the Provincial People’s Committee where the school branches place its head office;

b) The assessment of the documents on establishment of the school branches must have the participation of the representative of the Department of Education and Training where the head office of the school branches located.

Article 14. Suspension of the educational activities

1. The educational activities of the professional secondary training school shall be postponed in the following circumstances:

a) Fraudulent to be allowed to carry out the educational activities;

b) Not ensure the conditions stipulated in Article 9 of this Circular;

c) The person who permits the educational activities does not have right authority;

d) Not conducting the educational activities within two years from the date being granted the permission to conduct the educational activities;

dd) Violate provisions of laws on education and is subject to the administrative sanction of suspension of the educational activities.

2. Order of and procedures for postpone the activities of the school must be carried out as follows:

a) The agency allowing the Professional Secondary school to conduct the educational activities organizes the inspection of the current status of the school;  

b) Based on the result of the inspection, the agency, which having made decision on permit of operation of the professional secondary school, shall make decision on postponing the educational activities of the school.

3. The decision on suspension of the educational activities of the school must identify the reason, time limit for suspension, measures to ensure the benefits of teachers, learners and employees of school. The decision on suspension must be sent to the Ministry of Education and Training for overseeing and management and public in the mass media.

4. After the suspension time limit, if the reasons for the suspension are overcome, the person who has the authority to issue decision on suspension shall issue decision to allow the school to conduct the educational activities again.  The decision on allow the school to conduct the educational activities again shall be sent to the Ministry of Training and Education for management and overseeing.

Article 15. Dissolution of the professional secondary school

1. The professional secondary school shall be dissolved in the following circumstances:

a) Seriously violate the regulations on management, organization, operation of Professional Secondary school;

b) The suspension time limit expires but the reasons causing the suspension are not overcome;

c) Objectives and content of activities recorded in the decision on establishment or allow the establishments are not suitable with the socio – economic development demand;

d) According to the proposal from the individuals and organizations which established the school.

2. Dossier, order of and procedure for dissolve the professional secondary school

a) Dossier (only apply for individuals and organizations which established the Professional Secondary schools propose to dissolve them)

- An official letter of the school apply for the dissolution; in the official letter, it is necessary to clearly state the reason for dissolution, solutions for dealing with benefit of school’s teachers, learners and staff;

- Number of the set of dossier: 01 set.

b) The agency which having issued decision on establishment or allowing establishment of the school, shall organize the inspection of the current status of the school;

c) Based on the result of the inspection, the organization having decided for establishment of permitted of establishment of the school, shall decide on dissolution of Professional Secondary school.

3. The decision on Dissolution of the Professional Secondary school must identify the reason of dissolution, measures to ensure the benefits of the school’s teachers, learners and staff. The decision on dissolution must be sent to the Ministry of Education and Training for overseeing and management and public in the mass media.

4. Time limit for settlement of school dissolution

Within 20 working days upon the date of receipt of the Official Letter of the School applying for the dissolution, the agency which has power to issue decision on the establishment or allow the establishment of the school must issue the decision on dissolution of that Professional Secondary school.

Chapter III

ORGANIZATION AND MANAGEMENT OF THE PROFESSIONAL SECONDARY SCHOOL

Article 16. Organizational model

1. The Organizational model of the professional secondary school includes:

a) School Councils (for the public schools), the Managing Boards (for the private schools);

b) Principal and Deputy Principal;

c) Consulting Councils established by the Principal;

d) Functional Departments;

dd) Faculties, and subject groups;

e) Classes;

f) Units supporting for educational activities and scientific research;

g) Organization of the Vietnamese Communist Party;

h) Unions and social organizations.

2. The organizational model of the private Professional Secondary schools shall follow provisions of this Charter and Regulation on organization and operation of the private Professional Secondary school.

Article 17. School Councils and Managing Boards  

1. The school councils for the public schools and the Managing Boards for private Professional Secondary school shall be responsible for making decision on operation direction of the school, mobilize and supervise the use of resources for schools, connect the schools with the community and society, ensure the implementation of the educational objectives.

2. The competence of recognizing or not recognizing the school council or the managing board of the Professional Secondary School

a. Minister, Head of Ministry equivalent agencies decide to recognize or not recognize the School Council of the Professional Secondary School under their management;

b. Directors of the Department of Training and Education decide to recognize or not to recognize the School Councils or managing Boards of the Schools under their province.

3. Power and Responsibility of the School Council or Managing Board:

a) Decide the objectives, strategy, projects and development plan of the school;

b) Make decision on the regulations or supplement and amendment of the regulation on organization and operation of the school;

c) Resolve on guideline of using the financial and assets of the school;

d) Decide on the organization and human resources according to the regulation. 6 months before the term of the principal expires, the School council or the Managing Board of the School has the responsibility to look for the replacement and introduce to the authorized agencies to appoint as the principal for the public school or recognize the title of principal for the private school for the next term;

dd) Supervise the implementation of resolutions of the School Council or the Managing Board of the School; implementation of the democracy regulation in activities of the school.

4. Organizational structure, establishment procedures and operation of the School Council of the public Professional Secondary school

a) Organizational structure.

- The School Council consists of Chairman, 01 vice chair and members;

- Members of the School Council includes: 01 representative from school’s leaders appointed by leader team; 01 representative from Vietnamese Communist Party appointed by the Party organization of the school, 01 representative from Trade Union organization appointed by Trade Union Executive Committee of the school; 01 representative from Ho Chi Minh Communist Youth Union appointed by the Youth Union Executive Committee of the school; representative of the trainers, officers, staffs of the school appointed in the Staff Meeting; 01 representative from management agency delegated by agency issuing the decision on establishment of such school; representative from enterprises and scientist invited by the school. The total number of members is an odd number and at least consists of 11 members.  

b) Establishment procedures

- Establishment of the first School Council term:

+ Step 1: The principal bases on the scale and specific conditions of the school estimate the quantity, structure of the members and prepare School Council establishment plan to submit to the school management agency for approval;

+ Step 2: After the school management agency approves the School Council establishment plan, the principal shall work with concerning organizations, agencies and individuals to organize for election, appointment and implementation of the School Council establishment plan;

+ Step 3: After receive the election or appointment result from organizations and agencies as stated in Sub - Article 3 of this Article, the Principal shall organize a meeting to elect the Chairman, Vice – Chairman and appoint Secretary of the School Council;

 Step 4: The Principal submit the list of members of the school council and the result of election of the Chairman and Vice – Chairman for the authorized agency to issue decision on recognition of the School Council;

- As from the second term: 6 months before the expiry of the term, the Chairman of the School Council has responsibility to organize for establishment of the next term School Council according to the procedure regulated in item b sub – article 4 of this article. Of which, the Chairman of the School Council shall implement the works that the Principal implemented when establish the first School Council term.

c) Operation of the School Council

- Term of the Professional Secondary School Council is 5 years. The School Council shall organize at least two regular meetings annually. The meetings of the School Council must have the participation of all members. The Chairman shall convene the extraordinary meeting whenever it is necessary or when the Principal proposes or when at least 1/3 of the member of the Council propose. The resolutions of the Council shall be approved by voting or collections of the written opinion in the meeting. The resolutions of the Council shall only take effect if at least 3/4 of the members who attend the meeting agree and must publicly announce for the whole school;

- The School Council has office and working facilities provided by the school. The Chairman of the Council is allowed to use school’s stamp when implement the tasks of the School Council as regulated in this Charter.

5. The organizational structure, establishment procedures and operation of the School Council of the private school shall comply with the Regulation on organization and operation of the private Professional Secondary school.

Article 18. Principal

1. Principal of the Professional Secondary school is person who is responsible for management and execution of the activities of the school in accordance with this Charter and other provisions of concerning laws.

2. The Principal of the Professional Secondary school must have the followings qualifications:

a) Good political quality, good moral and trusted by the staff and teachers;

b) Possess university degree of a professional discipline which is suitable with the profession that the school conducts training;

c) At least 5 years experience in teaching or management in a professional secondary school or an education institution having Professional Secondary training.

For the public school, the age when appointed as principal do not exceed 55 for men and 50 for women. For the private school, the age when recognized as principal complies with the Regulation on the organization and operation of the private Professional Secondary school.

3. The term of the Principal of Professional Secondary school is 5 years. One person cannot be the principal for more than two consecutive terms.

4. The Principal of the Professional Secondary School shall be introduced by School Council (for the public school) and the Managing Board (for the Private School), Ministers and the heads of ministry equivalence agencies issue the decision on appointment for the school under the Ministry and the Directors of Training and Education Department shall issue the decision on appointment for the public Professional Secondary school or issue the decision on recognition for the Private Professional Secondary School under their provinces.

Article 19. Tasks and power of the Principal

1. Organize for the implementation of the resolutions under sub-article 3, article 17 of this Charter. If the Principal do not agree with the resolution of the School Council, he or she must timely report or asking for opinion of the school management organization. While waiting for the opinion of the management organization, the principal still has to implement the resolution of the School Council.

2. Direct the development and organization for implementation of planning, strategy and development plan of the school. Annually, the principal shall report to the School Council on the School’s implementation status of objectives and development plans.

3. Manage the professional training activities; organize to direct the development and approve the educational program, teaching plan, programs and curriculum of the school and the learning and studying activities in the school.

4. Organize and direct experiment, scientific research, scientific – technology service, international cooperation on science and training, cooperate with scientific research establishments, manufacturers, and business to carry out training activities based on the labor and job demands.

5. Manage officers and staff. Implement the state regimes and policies for officers, staff and learners; arrange the human resources of the School and implement activities under authority of appointment, dismission, recruitment and use of officers and staff according to the legal provisions. Decide on establishment of the consulting councils, functional departments, faculties, subject groups and establishments serve for education and scientific research of the School.

6. Manage learners; give decisions on enrollment, examination, recognition of graduation, graduation ranking, grant graduation certificates, diplomas, manage certificates, diplomas in accordance with regulations of the Ministry of  Training and Education.

7. Administrative, record and archive management: fully and timely report to higher management agencies as prescribed.

8. Financial, assets and equipment management: manage and use the fund resources for training activities and school development effectively and transparently.

9. Organize and direct the emulation movements, public labor, cultural and sport activities, implementation of democratic regulations, comply with the laws, protect and preserve the environmental hygiene, security and order of the school.  

10. Organize the inspection and examination in the school; make decisions on award and discipline officers, staffs and learners according to state regulations.

11. Organize the education quality supervision and assessment system of the school.

12. Being trained to improve qualification, foster profession  and being enjoyed the treatment policies under provisions of laws.

Article 20. Vice – Principal

1. The Vice – Principal of the Professional Secondary School has function to assist the Principal. The number of the vice – principal does not exceed 03 persons depending on the training scale of the school.

The Vice – Principal is introduced by the Principal, Ministers, heads of ministry equivalent agencies issue decision on appointment for the schools under ministries and the directors of training and education departments issue the decision on appointment for the public Professional Secondary schools or issue decision on recognition for the private Professional Secondary school under their provinces.

2. The vice Principal of the Professional Secondary school must have the followings qualifications:

a) Good political quality, good moral and trusted by the staff and teachers;

b) Possess university degree of a profession discipline which is suitable with the profession that the school is training;

c) At least 3 years experience in teaching or management in a professional secondary school or an education establishment having Professional Secondary training.

For the public school, the age when appointed as vice - principal do not exceed 55 for men and 50 for women. For the private school, the age when appointed as vice - principal complies with the Regulation on the operation of the private school.

3. The term of the vice – principal is as the same as the term of the principal.

Article 21. Power and task of the vice - principal

1. Assist the principal with school management, organize for implementation and be responsible before the principal for the tasks assigned.

2. On behalf of the principal manage school’s activities if authorized by the principal.

3. Be trained to improve qualification, foster profession and be enjoyed the treatment policies regulated in laws and regulations.

Article 22. Consultancy Councils

The consultancy councils shall be set up according to the principal’s decision. Functions, tasks, powers and duration of operation, number of members of these councils shall be decided by the Principal.

Article 23. Functional departments

1. Based on the characteristics and specific conditions of each school, the Principal shall decide for the establishment of functional departments in order to implement the following basic works: administration, human resources, training, quality management, planning, finance and management of learners.  

2. Tasks of the functional departments:

a) Consult, synthesize, propose and assist the principal to manage and implement the activities of the school;

b) Manage officers, staffs of their units according to the hierarchical classification of the Principal;

3. Head of the functional department is the head of department appointed, relieved from office by the Principal. The vice – head of the department shall assist the head of the department and appointed, relieved from office by the Principal based on the proposal of the head of the department.

Article 24. Faculties and subject groups of the school

1. Bases on scale and characteristic of the training disciplines, the Principal shall decide to establish faculties and subject groups of the school.

2. Tasks of the faculties:

a) Organize for implementation training program, teaching and learning plan, and other educational activities base on the general teaching program and plan of the school;

b) Organize scientific research and technology transfer; cooperate with scientific organizations, manufacturers, link the training with scientific research, business, manufacture and social life;

c) Manage teachers, officers, staffs and learners under his/her unit according to hierarchical classification of the Principal;

d) Organize for the development of the teaching program, curriculum and questionnaires for examination, assessment  assigned by the principal; Organize research to improve the teaching and learning methods; propose to build the additional plan, maintenance of equipment for teaching, practice and scientific experiment ;

dd) Developing the plan and organize for assessment of training needs, foster to improve the professional knowledge for teachers and staff of the faculties and subject groups.

3. The head of the faculties and subject groups of school are dean, chief of subject group. The principal shall appoint or relieve from office the head of the faculties and subject groups. Assist dean, chief of subject group is deputy dean, vie chief of subject group who appointed or relieved from office by the principal according to recommendation of the dean, chief of subject group.

4. The tasks of the subject groups under the school are regulated by the principal.

Article 25. Subject groups under faculties

1. The faculties shall establish the subject groups under facility to be in charge of a subject or a group of relevant subjects.

2. The establishment of subject groups and these groups’ missions under a faculty shall be recommended by the dean of that faculty and decided by the Principal.

Article 26. Classes

The learners are organized in class according to the training disciplines or specialty and course. Each class shall not be over 45 learners, one monitor and one or two vice monitors appointed by the learners at the beginning of the school year. Each class also has one head teacher.

Article 27. Establishments servicing for training and scientific research

1The professional secondary school shall have establishments servicing for training and scientific research which the principal decide on the establishment consisting: library, practice establishment; laboratory, school farm, workshop, experimental garden, traditional room, clubs, culture and sport house, dormitory, canteen.

2. Function, tasks and organizational structure and operation management of the establishments servicing training and researching science shall be decided by the principal.

Article 28. Organization of Vietnamese Communist Party, unions and social organizations

1. Organization of Vietnamese Communist Party in the school shall lead the school and operate based on the Constitution and laws.

2. Unions and social organizations in the schools shall operate according to laws aiming to help the school to carry out the purposes and educational principles.

Chapter IV

ORGANIZE FOR THE IMPLEMENTATION OF EDUCATIONAL ACTIVITIES

Article 29. Program and Syllabus

1. Based on the framework program of professional secondary training level approved by the Ministry of Training and Education, the Principal of the Professional Secondary school shall organize for development and issuance of the training program of the School.

2. The Principal shall organize for drafting or selection and approve Syllabi which shall be used as the official learning and teaching materials of the school.

3. Biannually (one training course), the School shall organize the assessment of the education program of sectors, textbook to have the necessary adjustments. 

Article 30. Open the new training discipline

After approved by the competent agencies to conduct the educational activities, the Professional Secondary School is registered to open the new training disciplines if it meets the conditions to ensure the training quality. Opening of the new training disciplines shall follow the regulations on opening of training disciplines at the professional secondary level of the Ministry of Training and Education.

Article 31. Enrollment

The Professional Secondary School shall develop the yearly enrollment target based on the criteria to ensure the quality and report to the authorized agencies to recognize the enrollment target and organize in accordance with the regulations of the Ministry of Training and Education.

Article 32. Training Activities

1. The Professional Secondary School shall organize for implementation the formal and continuing education program based on the regulation on professional secondary training level of the Ministry of Training and Education.

2. Educational activities of the professional secondary school include:

a) Teaching theory and practicing in the class;

b) Organize for practice, experiment, scientific research, manufacture, work and services which are suitable with the training disciplines;  

c) Extracurricular activities include: study tour, club meeting, intensive research and other activities

Article 33. Evaluation of the learning and training result

1. The Professional Secondary School shall evaluate the learning, training, self-improving result of the learners, teaching of teachers according to the regulations of the Ministry of Training and Education.

2. The Professional Secondary School has responsibilities to implement the quality assessment procedure and public the verified result according to the regulations of the authorized agencies.

Article 34. Certificate, diploma

1. The Professional Secondary Schools manage, grant certificates, diplomas for learners if they meet the condition as prescribed by the Ministry of Training and Education.  

2. The Professional Secondary Schools have responsibility to recover and destroy certificates, diplomas based on the current regulations.

3. The Professional Secondary Schools are responsible for achievement and assurance of the safeness for documents relating to the issuance of certificates, diplomas.   

Chapter V

TEACHERS, OFFICERS AND STAFFS

Article 35. Standard of the teachers

1. Having good qualification, moral and ideology;

2. Graduated from the Pedagogical University or having university degree and certificate on pedagogical professional training;

3. In good health condition as career requirement;

4. Having clear personal resume.

Article 36. Duties of the teachers

1. Teach in accordance with the educational principals and objectives and fully implement the educational program with good quality;

2. Exemplarily in implementation of the duties of a citizen and legal provisions and the charter of the professional secondary school;

3. Maintain the quality, prestige and honor of a teacher; respect the personality of learners; treat   learners equally, protect the legitimate rights and interest of learners; 

4. Continuously learn and practice to improve the moral quality, political professional knowledge, change the teaching methodology and be a good mirror for learners; 

5. Implement other duties according to legal provisions.

Article 37. Rights of the teachers

1. Have right to teach the subject that she/he trained;

2. Have right to improve the qualification and professional training;

3. Have right to sign the contract to become visiting teacher and conduct scientific research in other school, educational establishments  and scientific research establishment with a condition that she/he has to ensure to fully discharge all duties in the school on working;

4. Have right to be protected the dignity and prestige;

5. Have right to leave on summer vacation, holidays, new year and other holidays according to the regulations of the Education and Training Minister and Labor Code;

6. Other rights according to legal provisions.

Article 38. Duties and powers of the head teacher

Besides the duties and rights of the teacher stated in Article 36 and 37 of this Charter, the head teacher has the following rights and duties:

1. Assist the Principal in management, education and training the learners;

2. Organize, direct and guide the activities of the class that she/he is in charge of;

3. Coordinate with subject teachers, inside and outside organizations and families of learners to manage and educate the learners.

Article 39. Behavior, language, costume of the teacher and behavior that teachers are not allowed doing

1. Behavior, language and outfit of the teachers of Professional Secondary school must be standard and have educational effect to learners.

2. Behaviors that teachers are not allowed doing:

a) Insult the prestige and dignity; infringe the body of the colleagues and learners;

b) Fraudulence in enrollment, examination, wrongly intentionally assesses the learning, training result of the learners;

c) Smoke and drink beer and alcohol when giving lessons and participating in educational activities of the school;

d) Distort the educational contents;

e) Force the learners to attend the extra classes to collect money.

Article 40. Duties and rights of officers, staffs

Officers and staffs who conducting the management and logistic works in Professional Secondary Schools must implement duties as position assigned by schools and obey the laws; being enjoyed the rights according to the current regulations.

Chapter VI

LEARNERS

Article 41. Learners

The learners in Professional Secondary schools include:

1. Learners who register for the regular Professional Secondary training courses of the school.

2. Learners who register for the in – service learning Professional Secondary training courses of the school.

Article 42. Duties of the learners

1. Obey the legal regulations; exercise the provisions under the Charter and regulations issued by the Ministry of Training and Education.

2. Within the time limit, complete all the subjects, scientific research and training activities according to the training program and plan of the school.

3. Respect the teachers, officers and staffs of the school.

4. Pay the tuition fee according to the current regulations of the Government;

5. Participate in the class and unions meetings, public labor and other social activities;

6. Maintain and preserve the assets of the school.

7. The learner who registers to the school under the selection regime must obey the transfer plan of the competent state agency which sent that person to school; if the learner does not follow the regulations, she/he must compensate the scholarship and training expenses according to the regulations.

Article 43. The rights of learners

1. To be respected and treat equally by the school, timely provide information relating to their learning result;

2. To be ensured the right to implement the learning regimes according to the regulations of the Ministry of Training and Education. 

3. To be allowed to participate in the activities of the unions and social organizations in accordance with legal provisions.

4. To be allowed to use the facilities and equipment used for the learning, culture, sport activities according to the school’s regulations.

5. Directly or through the organizations make recommendation to the school about the solutions to contribute to development of the school and protect the legitimate rights and interests of the learners.

6. Allow to enjoy the social policies according to the state’s regulations and other benefits in accordance with provisions of law.

Article 44. Behavior, language and costumes of learners

1. Behavior, language and the costumes of learners must be cultural, and suitable with the national moral and tradition. 

2. Prohibit the learners from doing the following actions:

a) Insult the prestige and dignity; infringe the body of the teachers, officers, staff and learners;

b) Fraudulence in learning, testing, examination and enrollment;

c) Violate the laws and internal regulations of the school;

d) Smoke and drink beer and alcohol in the school.

Chapter VII

FINANCE AND ASSETS

Article 45. Assets

1. Assets of the Professional Secondary school includes: land, construction works, scientific and technology operation results, intellectual property rights (service label, author rights, etc), facility, equipment and other assets allocated by the State for management and use or purchased, constructed by the school or given to ensure the training activities and scientific research and other activities. 

2. Some regulations on assets

a) Total land area of the School must be in line with training scale but it is not less than 2 ha;

b) Clusters of construction works in the Professional Secondary School:

- Administrative zone: Office, working room of the Principle and Vice – Principals, functional rooms, faculties, subject groups and medical room;

- Learning zone: Class rooms, laboratory room, practice room, computer room, library, traditional room and gymnastic house; 

- Zone of schoolyard and training yard ;

- Zone of sanitary and water supply and discharge system;

- Parking area;

- Training servicing areas: including establishments servicing the training and scientific research.

The above mentioned clusters of construction works must be well equipped and ensure to meet the standards on sanitation and environment protection.

Article 46. Management and use of the assets

1. The assets of the public Professional Secondary School must belong to the State ownership which shall be managed and used according to provisions of law. The assets of the private Professional Secondary School shall be used and managed and owned according to the Regulation on organizational structure and operation of the private Professional Secondary School.

2. Annually, the school must allocate fund for regular maintenance and repair of the assets and re-assess the value of the assets and carry out the reporting system as stipulated by the State.

Article 47. Finance of the School

1. Financial resources of the public Professional Secondary school include:

a) State budget;

b) Tuition fee and fees;

c) Receivables from the training contract;

d) Revenue from scientific research products, working, manufacture, business service in line with the training disciplines of the School;

e) Loans, aids and other legitimate revenues.

2. The expenditure of the public Professional Secondary School includes:

a) Regular expenditure: salary, scholarships for learners, rewards, community benefits, official materials, logistic fee, traveling expenses, conferences, regular maintenance and big repairman and other expenditure based on the State’s regulations;

b) Expenditure for development investment: Purchase materials, equipments, basic construction, purchase the fixed assets, and widen the School.

3. Financial resources and expenditures of the private Professional Secondary School are regulated in the Regulation on organization and operation of the Private Professional Secondary School.

Article 48. Financial management

Receivables, expenditure, management, accounting finalization, financial audit of the professional secondary school shall be implemented according to the current state’s regulations.

Chapter VIII

SCHOOL, FAMILY AND SOCIETY

Article 49. Responsibility of the School

The School has responsibility to actively coordinate the learners’ families and the society to implement the educational objectives and principles. The School has responsibility to public announce the information regarding the program, training discipline, enrollment, organization for training, quality testing, evaluation, grant diplomas, certificates and other regulations on training.

Article 50. Responsibility of the family

1. The learners’ families have responsibility to raise, educate, take care and facilitate for the learners to be learnt, trained and participated in the School’s activities.

2. The families of the learners shall coordinate with the School to reach agreement on measures of management and education with respect to their children; participate in educational activities under the school’s plan; participate in the parental activities at the School.

3. Regularly contact the School, educational management agencies to timely deal with the arising issues relating to the education and training with respect to their children.

Article 51. Social Responsibility

1. The State agencies, political organizations, socio - political organizations, socio - political – professional organization, social organization, socio-professional organization, professional organization, economic organizations, people’s armed units and citizens have the following responsibilities:

a) Support the Professional Secondary School to organize the training activities and scientific research; create the conditions for teachers and learners join the study tour, practice and scientific research;

b) Contribute to build up the learning movements and good and safe educational environment and prevent the activities which have bad effect to the learners;  

c) Facilitate for leaner to enjoy and participate in the clean culture and sports activities;

d) Provide the finance and material supports to the Professional Secondary School based on their capacity.

2. The Ho Chi Minh Youth Union has responsibility to coordinate with the School to educate, motivate the members, youth to be the mirror in the learning and training and participating in education development.