Quyết định 43/2000/QD-BGDDT

DECISION

PROMULGATING THE REGULATION ON ORGANIZATION AND OPERATION OF CONTINUED EDUCATION CENTERS

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to the Government’s Decree No. 15/CP of March 2, 1993 on the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;
Pursuant to the Government’s Decree No. 29/CP of March 30, 1994 on the tasks, power and organizational structure of the Ministry of Education and Training;
Pursuant to the Government’s Decree No. 43/2000/ND-CP of August 30, 2000 detailing and guiding the implementation of a number of articles of the Education Law;
At the proposal of the director of the Department for Continued Education,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on organization and operation of the continued education centers.

Article 2.- This Decision takes effect 15 days after its signing. It replaces Decision No. 2461/QD of November 7, 1992 of the Minister of Education and Training promulgating the Regulation on organization and operation of the provincial continued education centers and Decision No. 1660/QD-DT of May 20, 1997 of the Minister of Education and Training promulgating the Regulation on organization and operation of the district continued education centers.

Article 3.- The presidents of the People’s Committees of the provinces and centrally- run cities, the director of the Ministry’s Office, the director of the Department for Continued Education, the heads of relevant units under the Ministry of Education and Training, and directors of the provincial/municipal Education and Training Services shall have to implement this Decision.

REGULATION

ON ORGANIZATION AND OPERATION OF CONTINUED EDUCATION CENTERS

(Issued together with Decision No. 43/2000/QD-BGDDT of September 25, 2000 of the Minister of Education and Training).

Chapter I

GENERAL PROVISIONS

Article 1.- Position of the continued education centers

Continued education centers are informal-education establishments within the national education system. The continued education centers have legal person status, their own seals and own accounts.

Article 2.- Tasks and powers of the continued education centers

The bodies competent to set up continued education centers shall base themselves on the training demands and concrete conditions to provide that the continued education centers perform part or whole of the following tasks and powers:

1. Organizing the implementation of educational programs:

a/ The program for eradication of illiteracy and post-literacy continued education;

b/ The program for complementary primary education, complementary basic secondary education, complementary general secondary education;

c/ The program for foreign language fostering, applied informatics fostering;

d/ The programs for additional training, periodical fostering, professional level raising, knowledge and skills updating;

e/ The educational programs at learners’ requests.

2. Surveying the learning demands in the localities, determining necessary learning contents, proposing the organization of suitable learning forms for specific subjects;

3. Supporting vocational secondary schools, colleges and universities in organizing the implementation of informal education programs in localities as provided for in Articles 41 and 42 of the Education Law;

4. Organizing separate classes under the programs prescribed in Clause 1 of this Article for subjects entitled to preferential policies, disabled persons and other subjects enjoying the social policies according to the local training plans.

5. Organizing vocational teaching and practice, productive labor activities and other activities in service of the study;

6. Managing teachers, employees and trainees;

7. Managing and using land, material foundations, equipment and facilities and finance according to the provisions of law;

8. Studying and drawing experiences from the activities of the continued education centers, contributing to the development of informal education.

Article 3.- System of continued education centers

1. The continued education centers of the provinces and centrally- run cities (hereinafter referred collectively to as the provincial continued education centers), which shall not perform the tasks prescribed at Point a, Clause 1, Article 2 of this Regulation.

2. The continued education centers of urban districts, rural districts, provincial towns and cities (hereinafter referred collectively to as the district continued education centers), which shall not perform the task of supporting universities and colleges as provided for in Clause 3, Article 2 of this Regulation.

3. The continued education centers of political organizations, socio-political organizations, economic organizations, the people’s armed forces (hereinafter referred collectively to as the continued education centers of organizations). These centers shall perform the tasks like those of the district continued education centers.

4. Foreign language, informatics centers. These centers shall only perform the tasks prescribed at Point c, Clause 1 of Article 2 and Clause 3 of Article 2 of this Regulation (on foreign languages, informatics).

Article 4.- Names of continued education centers

1. The naming of continued education centers is stipulated as follows:

a/ The continued education center + the proper name

b/ The foreign language, informatics center + the proper name.

2. The centers’ names are inscribed in the decisions on the establishment of the centers, their seals, signboards and transaction papers.

Article 5.- Division of management responsibility

1. The provincial continued education centers, the district continued education centers, the continued education centers of organizations and the foreign language, informatics centers of localities shall be managed and directed by the provincial/municipal Education and Training Services.

2. The foreign language, informatics centers of universities shall be managed by such universities as provided for in the universities’ charters.

Article 6.- Internal rules of continued education centers

Basing themselves on this Regulation, the continued education centers shall compile their own internal rules.

Chapter II

ORGANIZATION AND MANAGEMENT

Article 7.- Conditions for setting up continued education centers

1. A continued education center shall be considered for granting the establishment decision when:

a/ The establishment of the center conforms to the socio-economic development requirements of the locality and satisfies the learning demand of the community.

b/ The center-founding organization or individual must have the feasible plan, ensuring:

- A contingent of administrators and teachers who meet the criteria prescribed in Articles 12, 13 and 27 of this Regulation;

- The material foundations, equipment and facilities as prescribed in Chapter VI of this Regulation.

2. The provincial continued education centers shall be established by decisions of the presidents of the People’s Committees of the provinces or centrally- run cities (hereinafter referred to as the provincial level) after obtaining written consents of the Ministry of Education and Training.

3. The district continued education centers and the continued education centers of organizations shall be established by decisions of the presidents of the provincial-level People’s Committees at the proposals of the directors of the provincial/municipal Education and Training Services.

4. The foreign language, informatics centers of localities shall be established by decisions of the directors of the provincial/municipal Education and Training Services.

5. The foreign language, informatics centers of universities shall be established by decisions of the principals of such universities.

Article 8.- Dossiers and procedures for establishment of continued education centers

1. The application dossier shall include:

a/ The application for establishment of the center;

b/ The feasible plan as prescribed at Point b, Clause 1, Article 7 of this Regulation;

c/ The curriculum vitae of the to be- director of the center.

2. Competence to receive the dossiers is stipulated as follows:

a/ The provincial/municipal Education and Training Services shall receive dossiers of application for the establishment of continued education centers, assume the prime responsibility and coordinate with concerned bodies in organizing the appraisal thereof and submit them to the presidents of the provincial-level People’s Committees.

b/ The directors of the provincial/municipal Education and Training Services shall decide the establishment of local foreign language or informatics centers after getting written permission from the provincial-level People’s Committees.

c/ The principals of universities shall decide the establishment of foreign language or informatics centers of their respective universities after getting the written permission from the Ministry of Education and Training.

Article 9.- Merger, division, separation, operation suspension and dissolution of continued education centers

1. Authorities competent to decide the establishment of continued education centers under the provisions in Article 7 of this Regulation shall be competent to decide the merger, division, separation, operation suspension or dissolution of such continued education centers.

2. The procedures for merger, division, separation, operation suspension and dissolution of continued education centers shall comply with the Government’s stipulations.

Article 10.- Organizing classes

1. Students studying at centers in forms of periodical concentrated study, on- job study (in-service study, complementary study) shall be organized into classes. Each class shall be managed by a class teacher, and has a class leader, one or two deputy class leaders, elected by the class.

2. Students registering for their study at the centers in forms of correspondence, self- study with guidance shall be organized according to the stipulations of the Ministry of Education and Training.

Article 11.- Professional, functional groups

1. Teachers and staff members of continued education centers shall be organized into professional or functional groups to assist the directors of the centers in performing the tasks and exercising the powers of the centers.

2. The tasks, powers and organizational structures of professional groups and functional groups shall be defined by the directors of the centers.

3. Each group is led by a group leader appointed by the director.

4. For provincial continued education centers, professional bureaus and functional bureaus shall be set up.

Article 12.- Directors

1. Directors of the continued education centers are persons who manage and administer all activities of their centers and take responsibility to the superior managing bodies for all activities of their centers.

2. Directors are persons possessed of good political and moral qualities, managerial capability, who have graduated from universities and worked in the educational service for at least 5 years.

3. Authorities competent to establish continued education centers shall appoint the directors of the centers. The directors’ term of office shall be 5 years.

4. The directors of the continued education centers shall have the following tasks and powers:

a/ To draw up plans and organize the implementation thereof in order to fulfill the tasks of their centers;

b/ To manage the material foundations and assets of their centers;

c/ To manage teachers and employees;

d/ To propose the appointment of deputy- directors; to appoint group leaders, set up professional and functional groups as well as advisory councils of their centers;

e/ To admit and manage students, to stop the learning for students who follow the programs prescribed in Clause 1, Article 2 of this Regulation;

f/ To manage the finance, decide revenues and expenditures and distribute the yields of labor, technical practices, services (if any);

g/ To sign the school record books, certificates and certifications of the study, technical and professional levels for students at their centers according to the current regulations;

h/ To follow professional courses and enjoy the current entitlements.

Article 13.- Deputy-directors

1. A continued education center shall have one or two deputy-directors appointed by the authority competent to establish the continued education center at the proposal of the director of the center. The deputy-director’s term of office shall be 5 years.

2. Deputy-directors are persons who assist the directors, possessed or political and moral qualities, managerial capability, have graduated from universities and worked in the educational service for at least 3 years.

3. The deputy-directors shall have the following tasks and powers:

a/ To perform the assigned tasks and take responsibility to the directors therefor;

b/ To share responsibility with the directors to the superiors for relevant activities of the centers;

c/ To act on behalf of the directors in administering all activities of the centers when so authorized.

d/ To follow professional courses and enjoy the current entitlements.

Article 14.- The Education Councils

1. Education Councils are organizations advising the directors on the performance of tasks and the exercise of powers of the centers, which shall be set up by the directors at the beginning of the school-year, who act as their presidents.

2. The composition of such an education council shall include deputy-directors, representatives of the organizations of the Communist Party of Vietnam, the Ho Chi Minh Communist Youth Union and Trade Union, leaders of the professional groups and a number of experienced teachers.

3. The education councils shall meet twice a year. Other necessary sessions shall be decided by the directors of the centers.

Article 15.- Other councils

Basing themselves on the requirements of the managerial work, the center directors may set up other councils. The functions, tasks, powers, compositions, working regimes and operation duration of these councils shall be decided by the center directors.

Article 16.- The Communist Party of Vietnam organizations and mass organizations in continued education centers

1. The Communist Party of Vietnam organizations in continued education centers shall lead the centers and operate within the framework of the Constitution and law.

2. Mass organizations and social organizations in the centers shall operate under the provisions of law and have the responsibility to contribute to the achievement of the educational objectives.

Article 17.- Property and financial management

1. The management of assets of the continued education centers must strictly comply with the State’s regulations. All members of centers shall have to preserve and protect the assets of the centers.

2. The management of revenues and expenditures from various financial sources of the continued education centers must comply with the current regulations of the State; fully comply with the prescribed regimes of accounting, statistics and periodical report.

Chapter III

EDUCATIONAL ACTIVITIES

Article 18.- Forms of study

The forms of study shall include the periodical concentrated study, the on-job study (in-service study, complementary study); specialized subject study; correspondence study; self-study with guidance.

Article 19.- Educational programs, teaching plans

1. Continued education centers shall carry out programs for eradication of illiteracy and post-literacy continued education, programs for complementary primary education, complementary basic secondary education, complementary general secondary education and programs for foreign language and applied informatics fostering, which are promulgated by decisions of the Minister of Education and Training.

2. Continued education centers shall carry out programs for vocational and technical teaching and practices, supplementary training, periodical study, fostering to raise professional levels, knowledge and skill updating and programs at learners’ requests, which are prescribed by the directors of the provincial/municipal Education and Training Services.

3. Basing themselves on the forms of study prescribed in Article 18 and the educational programs prescribed in Clauses 1 and 2 of this Article, the directors of continued education centers shall elaborate the teaching plan and concrete time-table for each class.

Article 20.- Training-support activities of the provincial continued education centers

In order to perform the tasks prescribed in Clause 3, Article 2 of this Regulation, the provincial continued education centers shall have to abide by the following regulations:

1. To survey learning demands in the localities, draw up class-opening plans for submission to the provincial-level People’s Committee presidents.

2. Basing themselves on documents certifying the training demands and class-opening plans of the provincial-level People’s Committee presidents, to sign liability contracts with vocational secondary schools, colleges and/or universities for opening classes of such schools in localities on the principle that the schools bear full responsibility for enrolment, teaching, examinations, graduation exams and granting of graduation diplomas.

Article 21.- Textbooks and learning materials

The continued education centers shall use the textbooks and learning materials under the guidance of the Ministry of Education and Training.

Article 22.- System of books and records

The system of books and records for monitoring the educational activities in continued education centers includes:

1. For the centers:

- The registration book;

- The roll-call and mark-giving book;

- The lesson title- recording book;

- The record books of students;

- The record of the center’s resolutions;

- The book on professional examination and evaluation of teachers;

- The commendation and discipline record;

- The record of inbound and outbound documents and official dispatches; holders of documents and dispatches;

- The book on asset and financial management.

2. For teachers:

- Syllabuses;

- The book on study periods attendance;

- The personal marks book;

- The class-teacher book.

Article 23.- Examination, evaluation and rating of study results

1. To organize examination, evaluation and rating of study results and conducts for students under the regulations of the Minister of Education and Training for each study level and each training form.

2. Students studying at continued education centers in various forms of study, who have completed the program of each study level: complementary primary education, complementary basic secondary education, complementary general secondary education and satisfy all conditions prescribed by the Ministry of Education and Training, are entitled to sit for the graduation exam of each corresponding study level and, if meeting all conditions for graduation, shall be granted the graduation diploma corresponding to such study level. Inscribed on the graduation diploma is the form of study; if they meet all prescribed conditions prescribed for formal education graduation exams, they shall be entitled to sit for such exams, and if meeting the requirements, they shall be granted the formal education graduation diplomas.

These diplomas shall have legal value for further study at higher levels.

3. Students of continued education centers who take specialized classes, refresher courses to raise professional levels, foreign language and/or informatics fostering classes and have finished their programs shall be entitled to sit for examination and if obtaining the prescribed results, they shall be granted certificates corresponding to the study programs they have completed.

Chapter IV

TEACHERS

Article 24.- Teachers of continued education centers

Teachers of the continued education centers are persons who perform the tasks of education and teaching in the centers, including directors, deputy-directors, teachers of study subjects under the educational programs for acquisition of diplomas and certificates of the national education system.

Article 25.- Tasks of teachers

The teachers shall have the following tasks:

1. To perform the tasks of teaching and education: teaching in strict accordance with the educational programs and teaching plans; preparing syllabuses, marking students’ test papers; giving lectures in full and on time; managing students in all activities organized by the centers; and participating in activities of professional groups;

2. To foster themselves in morality, profession and skills in order to raise the quality and efficiency of teaching and education;

3. To abide by the decisions of directors; to submit to the inspection by the directors and educational administrators at all levels; to observe the internal rules of their centers as well as the provisions of this Regulation;

4. To preserve the quality, prestige and honor of teachers; to set bright examples for students, respect their dignity, treat them fairly and protect their legitimate rights and interests; to unite with and assist colleagues;

5. To perform other tasks prescribed by law.

Article 26.- Rights of teachers

The teachers of continued education centers shall have the following rights:

1. To be given conditions by their centers for the performance of their tasks;

2. To enjoy all material and moral interests as well as health care and protection according to the regimes and policies prescribed for the teachers;

3. To participate directly or through their organizations in the management of their centers;

4. To enjoy full pay and allowances according to regulations when being sent to study courses to raise their professional levels and skills;

5. To conduct scientific research, participate in productive labor and/or technology transfer services at educational establishments and other research institutions if having fulfilled their assigned tasks at the centers;

6. To attend meetings of the commendation councils and the discipline councils when these councils solve matters relating to students of their classes;

7. Teachers of the continued education centers are assigned norms on lecturing hours and the norms on part-time work such as teaching at general education schools of the same level. Those teachers who undertake work of mass organizations shall be given an addition of 4 periods/week.

8. To enjoy other interests under the provisions of law.

Article 27.- Standard levels of training

1. Teachers of the continued education centers who lecture under the educational programs for acquisition of diplomas of the national education system must reach the prescribed standard levels like teachers of the same educational levels in formal education schools.

2. Teachers of the continued education centers who lecture under the educational programs for acquisition of certificates of the national education system must reach the standard levels prescribed by the Ministry of Education and Training.

Article 28.- Conduct, language and costumes of teachers

1. The teachers’ conduct and language must be exemplary and have educational effects on students.

2. The teachers’ costumes must be tidy, simple, suitable to pedagogic activities, according to the Government’s regulation on costumes of State employees.

Article 29.- Acts prohibited for teachers

1. Infringing upon the honor, dignity, physical body of students and/or colleagues;

2. Tricking in enrolment, examinations and intentionally giving false assessment of students’ study and training results;

3. Smoking, drinking alcohol or beer while giving lectures.

Article 30.- Commendation and discipline

1. Those teachers who record achievements shall be commended and/or rewarded, conferred emulation titles and other noble titles.

2. Those teachers who make shortcomings while performing their tasks shall, depending on the nature and seriousness of their violations, be handled according to the regulations on administrative sanctions in the educational field.

Chapter V

STUDENTS

Article 31.- Students of continued education centers

The students of the continued education centers shall include persons who have the learning demand and persons who have the duty to study, meeting all conditions for participation in one of the study programs of the centers.

Article 32.- Tasks of students

The students shall have the following tasks:

1. To respect the teachers, administrators, staff members of the centers; to strictly abide by the internal rules of the centers and the provisions of this Regulation;

2. To fulfill all study and practice labor requirements set by the centers;

3. To preserve and protect the property of the centers;

4. To contribute to building up, protecting and promoting the traditions of their centers;

5. To pay school fees in full and on time (for students subject to the payment of school fees).

Article 33.- Rights of students

The students shall have the following rights:

1. To be respected and fairly treated by their centers, to be provided with adequate information on their study.

2. To select the study programs, forms and locations suitable to the capabilities and conditions of their own and the centers; to be given conditions to switch to new study programs, forms and locations if they so wish and are accepted by the new centers;

3. To participate in activities of mass and social organizations in the centers under the provisions of law;

4. To protect directly or through their lawful representatives their legitimate interests and to make their comments on the teaching contents and methods as well as other activities of the centers;

5. To partly enjoy the yields of the productive labor, technical practice or other activities which they have participated in.

Article 34.- Conduct, language and costumes of students

1. The students’ conducts and language must be cultured, suitable to the morality and life style of their age group.

2. The students’ costumes must be clean, tidy and simple, being suitable to their age group, convenient for their study and activities at the centers.

Article 35.- Acts prohibited for students

1. Infringing upon the dignity, honor and physical body of teachers and/or personnel of the centers.

2. Tricking in examinations and tests.

3. Gambling; carrying, storing and/or using narcotics; storing weapons, explosives, inflammables, toxic and hazardous substances; circulating depraved cultural products.

4. Fighting, disturbing order and security in the centers.

5. Smoking in class, drinking alcohol and/or beer when going to school.

Article 36.- Commendation and discipline

1. Students with achievements in their study and training shall be commended in the following forms by their centers and educational administrators at all levels:

a/ Awarding the titles of advanced student and outstanding student for each school year.

b/ Awarding the certificates or commendation diplomas for their achievements in examinations held for excellent students;

c/ Other commendation forms.

2. Students committing shortcomings in their study and training process shall, depending on the nature and seriousness of their violations, be disciplined in the following forms:

a/ Reprimanding.

b/ Warning which shall be recorded in their school books, notified to their managing bodies which have sent them to study as well as their families.

c/ Forcible cessation of their study.

Chapter VI

MATERIAL FOUNDATIONS AND EQUIPMENT

Article 37.- Material foundations

1. The continued education centers must be fully furnished with classrooms, labs, workshops for productive labor practices, meeting the requirements of teaching and learning.

2. The continued education centers must have their own signboards which contain the following principal details:

- In the upper left: The name of the agency which decides the establishment of the center.

- In the middle: The name of the center.

- At the bottom: The center’s address, telephone number, fax number (if any).

Article 38.- Financial sources of continued education centers

The financial sources of a continued education center shall include:

1. State budget allocation.

2. School fees and revenues from contracts on training, scientific research, technology transfer, productive labor and other activities.

3. Other financial sources prescribed by law.

Article 39.- Using the financial sources

The financial sources of continued education centers shall be used for:

1. Their educational activities.

2. Furnishing their material foundations, teaching and learning equipment.

3. Scientific research activities.

Article 40.- Educational equipment- Library

1. The continued education centers must be furnished with minimum teaching and learning equipment according to the requirements of the educational programs.

2. The continued education centers are furnished with libraries in service of teachers’ lecturing and the students’ study.

3. The educational equipment and library books must be well preserved and used efficiently according to regulations.

Chapter VII

RELATIONSHIPS BETWEEN THE CONTINUED EDUCATION CENTERS AND THE SOCIETY

Article 41.- Responsibilities of the continued education centers

The continued education centers shall have the responsibility to take initiative in coordinating with the administrations of all levels, socio-political organizations, economic organizations, people’s armed force units and communities to perform their assigned tasks and exercise their delegated powers.

Article 42.- Relationships between the centers and the society

The centers shall coordinate with various agencies in order to:

1. Reach unanimity in the viewpoints, contents and methods of informal education so that the administrations at various levels, socio-political organizations can create conditions for the centers to well fulfill their tasks.

2. To mobilize organizations and individuals to launch movements for continued education and healthy educational environment, to assist the continued education centers to improve their material foundations, equipment and technical facilities, thus contributing to raising the quality of education and training of the centers.