Nghị định 115/2010/ND-CP

DECREE

DEFINING THE RESPONSIBILITY OF STATE MANGEMENT ON EDUCATION

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Education 2005 and the Law amending and supplementing a number of articles of the Law on Education 2009;

At the proposal of the Minister of Education and Training,

DECREE:

Article 1. Scope of adjustment

This Decree defines the responsibility of state management on education under the provisions of the Law on Education 2005, the Law amending and supplementing a number of articles of the Law on Education 2009;

For the responsibility of state management on vocational training, the provisions of Decree No. 70/2009/ND-CP August 21, 2009 of the Government shall apply;

Article 2. Subject of applicaation

This decree applies to the ministries, ministerial-level organs (hereinafter referred to as the Ministry), the People's Committees of provinces and centrally-affiliated cities (hereinafter referred to as the provincial-level People's Committee), the Service of Education and Training under the provincial People's Committee, People's Committee of districts, towns and provincial cities (hereinafter referred to as district People's Committee), Division of Education and Training of People's Committees of communes, wards and towns (hereinafter referred to as communal People's Committee).

Article 3. Principles to define the responsibility of state management on education

1. Ensuring the consistency, smoothness and improving the effectiveness and efficiency of state management on education.

2. Ensuring the correspondence between the tasks, authority, responsibility with the financial resources, personnel and other necessary conditions to perform the assigned tasks.

3. Assigning and decentralizing and specifying the tasks, authority and responsibility in the field of education of the Ministries, the People's Committees at all levels and the organs concerned while thoroughly promoting the proactiveness and creativeness of the educational management organs at all levels in performing responsibility and assigned tasks.

Article 4. Responsibility of state management on education of the Ministry of Education and Training

The Ministry of Education and Training shall take responsibility before the Government on state management on education as stipulated in the Law on Education 2005, the Law amending and supplementing a number of articles of the Law on Education 2009 and the Government’s Decree defining the functions, duties, power and organizational structure of the Ministry of Education and Training, this Decree and the relevant normative legal documents;

Article 5. Responsibility of state management on education of Ministries

The Ministries are responsible for performing the tasks and powers of state management as stipulated in the Government’s Decree on the functions, tasks, power and organizational structure of the Ministries while coordinating with the Ministry of Education and Training to ensure the uniform state management on education.

1. The Ministries with direct-attached educational facilities shall:

a) Develop and implement the annual, five-year and long-term strategy and plan for the training and development of human resources of sectors and areas under the management authority in accordance with the strategy and plan for development of national human resources to meet the manpower demand of sectors and society;

b) Coordinate with the Ministry of Education and Training in the specified training and regulation on diploma to recognize the qualifications and practical skills, application to the persons who are intensively trained after having graduated from university in some specialized majors; develop program of training frame at vocational intermediate level;

c) Steer and inspect the higher education facilities of and vocational intermediate schools directly under the Ministry in ensuring the conditions for establishment of school, educational activities, training majors, compliance with regulations on school admission, training, joint training; management and grant of diploma and certificates; revenue and expenditure of tuition, publicity of educational quality and conditions for educational quality assurance; financial publicity, training associated with social needs; planning, training, re-training, implementation of policy towards teachers and educational administrators in accordance with law;

d) Make a decision on establishment of training major for the vocational intermediate schools directly under the Ministry, vocational intermediate schools directly under the enterprises but the Ministry implements the owner’s certain rights and obligations for such enterprises as prescribed by law;

dd) Perform the statistics, information and make periodical and annual reports on organization, operation and conditions for educational quality assurance of the educational facilities directly under the Ministry in accordance with regulations of the Ministry of Education and Training;

e) Make a decision on recognizing the school board for public educational facilities, on ranking the educational facilities as prescribed by law, on establishment and permission for establishment, merger, division, separation or dissolution of vocational intermediate schools directly under the Ministry, the vocational intermediate schools directly under the enterprises but the Ministry implements the owner’s certain rights and obligations for such enterprises as prescribed by law in accordance with the network planning of vocational intermediate schools approved by the competent authority;

g) Make a decision on appointment, re-appointment, removal, dismissal, demotion of the head or the deputy head of educational facilities directly under the Ministry or enterprises but the Ministry implements the owner’s certain rights and obligations for such enterprises;

h) Manage, guide and inspect the use of state budget and other legal revenues of educational facilities; implementation of socialization of education, mobilization of social resources for educational development; autonomy and self-responsibility assurance of direct-attached educational facilities as prescribed by law;

i) Examine, inspect and settle complaints, denunciations and proposals in the field of education and handle violations as prescribed by law.

2. The Ministry of Planning and Investment shall assume the prime responsibility and coordinate with the Ministry of Education and Training and the organs concerned to summarize the annual and five-year plan on educational development of the country and put it into the social-economic development plan of the country and submit it to the Prime Minister for approval;

3. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Education and Training to guide the Ministries concerned and the provincial People’s Committees through formulation, allocation and implementation of state budget estimate on education; development regulations on expenditure of state budget for educational activities; inspection and examination of finance and budget in the field of education as prescribed by the Budget Law; guidance on mechanism of financial autonomy for educational facilities; mechanism of management and use of revenues from tuition and other legal revenues of educational facilities;

4. The Ministry of Home Affairs shall develop and hand over the staff of public servants to the Ministries and provincial People's Committees (including the staff of public servants of Service of Education and Training and Division of Education and Training) in the general staff annually approved by the Prime Minister; coordinate with the Ministry of Education and Training and the Ministries and sectors concerned to develop policies for teachers and educational administrators; the documents guiding the management of public servants and officials in the field of education within its authority.

Article 6. Responsibility of state management on education of provincial People's Committees

The provincial People's Committees shall take responsibility to the Government for the educational development and perform their state management on education on their provincial areas:

1. Developing and submitting the provincial People’s Council to decide on the plans, programs, projects and policies of education development in the areas; steering, guiding, inspecting and implementing these plans, programs, projects and policies of education development approved by the competent authority;

2. Implementing and inspecting the implementation of legal normative documents on education; issuing local policies for educational development in the areas;

3. Ensuring the quality of preschool education, general education, continuing education and vocational intermediate education under the local management; monitoring the educational quality assurance of colleges, universities and other vocational intermediate facilities as prescribed by law; steering and implementing the educational universalization, prevention of illiteracy and development of learning society in the areas;

4. Steering, guiding and performing the statistics, information and making periodical and annual report on organization and educational activities in provincial areas to the Ministry of Education and Training;

5. Managing the educational facilities

a) Territorially managing the administration of universities, colleges located in the area directly under the Ministry; managing the public universities directly under provinces and the private colleges and universities in the areas under the regulations and rules of organization and operation of schools issued by the competent authority and regulations of law;

b) Making a decision on the establishment or permitting the establishment, division, splitting, merger, dissolution or conversion of type of school of educational facilities under the state management authority of provinces (including the educational facilities with the investment from foreign individuals and organizations): vocational intermediate schools, high schools and general high schools with various levels (including the high school level), continuing educational centers, general technical-vocational centers, provincial training schools for educational administrators (if any), ethnic minority boarding high schools, ethnic minority semi-boarding high schools, foreign language and computer centers and other educational facilities under the management authority of provincial People’s Committees;

c) Making a decision on the appointment, re-appointment, rotation, removal, dismissal, demotion and performing the policies for principals, vice principals of public universities directly under the provinces based on the standards specified in the university Charter issued by the Prime Minister; making a decision on recognition or non-recognition of Board of Directors, Chairman of the Board, principal of private universities in the areas based on the standards specified in the Regulation on organization and operation of private universities issued by the Prime Minister; making a decision on recognizing the school board and universities directly under provinces;

6. Specifying functions, duties, power and organizational structure of Service of Education and Training; guiding district People’s Committees to specify the functions, duties, power and organizational structure of the Division of Education and Training as prescribed in this Decree and guidance of the Ministry of Education and Training and the Ministry of Home Affairs;

7. Steering and guiding Services of Education and Training through the implementation of planning, recruitment, use, assessment, rotation, training, re-training, implementation of policies for teachers and educational administrators; staff assurance for educational facilities and staff of public servant for Services of Education and Training;

8. Managing and inspecting the use of state budget spent for education as prescribed by the current Law on state budget and decentralized management of budget; the revenue and expenditure of tuition, fees and other legal revenues for educational facilities under the responsibility of management of provincial People’s Committees; mobilization of resources for education and socialization of education for development of education in provincial areas;

9. Steering, guiding and implementing guidelines and policies of the state and local policies to ensure the autonomy and self-responsibility of educational facilities;

10. Steering, guiding and inspecting educational facilities in implementation of research and application of science and technology in the field of education;

11. Steering and implementing the international cooperation of education

12. Steering, guiding and implementing the movement of emulation; deciding to reward the organizations and individuals that have made ​​great contributions to the development of education in the areas.

13. Steering the inspection of compliance with law on education in ensuring the conditions for establishment of school, educational activities, establishment of majors; publicity of educational quality and conditions for educational quality assurance and the training associated with the social needs under the guidance of Ministry of Education and Training for higher education facilities specified at Point a, Clause 5, Article 6 of this Decree;

14. Steering, guiding and implementing the administrative reform, practice of thrift, prevention and fighting of corruption and wastefulness; inspection, examination and settlement of complaint, denunciations, proposal and handling of violation concerning the education as prescribed by law

15. Performing the state management of establishments of consulting and self-supporting oversea study services as prescribed by law;

Article 7. Responsibility of Service of Education and Training

The Services of Education and Training are responsible for advising and assisting the provincial People’s Committees to perform the functions of state management on education;

1. Assuming the prime responsibility for and coordinating with the organs concerned:

a) Submitting to the provincial People’s Committee: draft plans, programs, projects and policies of educational development in the area; draft decisions and other directives in the field of education under the authority of provincial People’s Committee for development of education;

b) Submitting to the Chairman of provincial People’s Committee: draft decision on establishment, permission for establishment, merger, division, splitting or dissolution of educational facilities directly under the Service of Education and Training and other documents in the field of education under the authority of Chairman of provincial People’s Committee;

2. Guiding, propagating, disseminating and implementing the legal normative documents on education, the plans, projects, programs and other contents on education after being approved by the competent authority;

3. Guiding and implementing the specialized and professional work, educational universalization, prevention of illiteracy and development of learning society in the area, school admission, examination, grant of diploma and certificate, inspection of education quality of Divisions of Education and Training and their direct-attached educational facilities; making a decision on establishment of majors for vocational intermediate schools directly under the Services as prescribed by the Ministry of Education and Training; permission for educational activities and suspension of educational activities for the educational facilities specified at Point b, Clause 5, Article 6 of this Decree;

4. Assisting the provincial People’s Committee to perform the state management for the self-supporting oversea study service organizations as prescribed by law;

5. Performing the statistics, information and making the periodical and annual reports on educational organization and activities at localities to the provincial People’s Committee and the Ministry of Education and Training;

6. Guiding and summarizing the annual plan for staff of education career of localities for the local staff management organs at the same level to submit it to the competent authority for approval and allocation of staff of educational career to the educational facilities directly under the Service after being approved by the competent authority; guiding, implementing, examining and inspecting the recruitment, employment, rotation, secondment, training, re-training and implementation of policies for teachers and educational administrators in provincial areas;

7. Making a decision on appointment, re-appointment, removal, transfer, dismissal, demotion of head, deputy head, recognition of school board of direct-attached educational facilities; recognition and non-recognition of Board of Directors, Chairman of the Board, principal, vice principal of non-public educational facilities under the  management authority, including the private colleges located in provincial areas;

8. Concretizing the standards and rate of educational fund at localities; making the estimate of educational budget for the educational facilities directly under the Service; making a decision on allocation of educational budget estimate for the educational facilities directly under the Service after being approved by the competent authority; coordinating with the Service of Finance, the Service of Planning and Investment to determine and balance the state budget annually spent for education from localities to submit it to the competent authority for approval; guiding, examining and monitoring the use of state budget and other legal revenues for education in provincial areas;

9. Guiding and implementing the socialization of education, mobilization of resources for development of education; issuing regulations to ensure the autonomy and obligation of self-responsibility of the direct-attached educational facilities; managing finance, assets and material facilities assigned as prescribed by law;

10. Assisting the provincial People’s Committee to inspect and monitor the compliance with law on education in ensuring the conditions for establishment of school, educational activities, establishment of majors, publicity of education quality and conditions for education quality assurance and the training associated with social needs for higher education facilities specified at Point a, Clause 5, Article 6 of this Decree;

11. Implementing the administrative reform, practice of thrift, prevention of corruption, wastefulness, works of inspection, examination, settlement of complaints, denunciations and proposals concerning the education and handling of violation as prescribed by law;

12. Assisting the provincial People’s Committee to manage the direct-attached educational facilities, including: colleges, vocational intermediate schools (excluding the public colleges or vocational intermediate schools of the Ministries located in the area), provincial training schools for educational administrators (if any), high schools, general high schools with various levels (including high school level), continuing educational center, foreign language and computer centers, vocational and educational center, ethnic minority boarding high schools, ethnic minority semi-boarding high schools and other direct-attached educational facilities (if any) under the management authority of provincial People’s Committees;

Article 8. Responsibility of state management on education of district

District People’s Committee shall perform the function of state management on education in the district areas and take responsibility before the provincial People’s Committee for development of education of preschool, primary school, junior high school and development of learning society in district areas;

1. Developing plans, programs and projects to develop the educational career in district areas to submit them to the competent authority for approval; steering and inspecting the implementation of plans, programs and projects of education approved by the competent authority;

2. Steering, guiding, implementing, inspecting and monitoring the educational facilities under its management authority in implementation of legal normative documents on education;

3. Steering and guiding to inspect the Division of Education and Training and the educational facilities under the management authority of district People’s Committee in education quality assurance in the areas;

4. Implementing the educational universalization, prevention of illiteracy and developing a learning society in the area;

5. Performing the statistics, information and making periodical and annual reports on educational organization and operation under the guidance of provincial People’s Committee and Service of Education and Training;

6. Making a decision on establishment (for public schools), permitting the establishment (for non-public schools), merger, division, splitting, suspension of operation or dissolution (including the educational facilities with the investment of foreign organizations and individuals) for preschools, primary schools, junior high schools, general high schools with various levels (excluding the high school level), community learning centers and other educational facilities (if any) under the management authority of district People’s Committee;

7. Ensuring sufficient staff of public servants for Division of Education and Training, the non-business staff for educational facilities; steering and implementing the development of staff of teachers and educational administrators; fully and promptly implementing the state policies, issuing guidelines and measures to take care of the physical and spiritual life for the staff of teachers and educational administrators under the management authority in the areas;

8. Ensuring the conditions of finance, assets, material facilities to develop education in the area; implementing the socialization of education, mobilization of social resources for development of education; issuing regulations to ensure the autonomy, obligation of self-responsibility of educational facilities under the management authority in the area; guiding, inspecting and monitoring the implementation;

9. Steering, guiding and implementing the movement of emulation; deciding to reward the organizations and individuals that have made ​​great contributions to the development of education in the areas.

10. Steering, guiding and implementing the administrative reform, practice of thrift, prevention and fighting of corruption and wastefulness; inspection, examination and settlement of complaint, denunciations, proposal and handling of violation concerning the education as prescribed by law; inspection and monitoring of public implementation of education quality, publicity of conditions for education quality assurance; financial publicity of educational facilities under the management authority of district People’s Committee;

Article 9. Responsibility of Division of Education and Training

Division of Education and Training shall advise and assist the district People’s Committee to perform the function of state management on education in district areas:

1. Assuming the prime responsibility for and coordinating with the organs concerned:

a) Submitting to district People’s Committee: draft documents guiding the implementation of mechanism, policies, laws and regulations of provincial People’s Committee on educational activities in the areas; draft decisions, directives and plans for development of education, programs of administrative reform in the field of education in the areas and other draft documents in the field of education under the management authority of district People’s Committee;

b) Submitting to Chairman of district People’s Committee: draft decision on establishment, permission for establishment, merger, division, splitting, and dissolution of educational facilities directly under Division of Education and Training and other specific documents in the field of education under the authority of Chairman of district People’s Committee;

2. Guiding and implementing the specialized and professional work, school admission, examination, grant of diploma and certificate, educational universalization, prevention of illiteracy and development of learning society in the area; permitting the educational activities for the educational facilities specified in Clause 6, Article 8 of this Decree;

3. Performing the statistics, information and making periodical and annual reports on educational organization and activities under the guidance of Service of Education and Training and district People’s Committee;

4. Developing and summarizing the plans for staff of educational career of direct-attached educational facilities under the guidance of Service of Education and Training and district People’s Committee; making a decision on allocation of non-business staff of direct-attached educational facilities after being approved by the competent authority; guiding, implementing, examining and inspecting the recruitment, rotation, secondment, training, re-training and implementation of policies for teachers and educational administrators in district areas;

5. Making a decision on appointment, re-appointment, removal, transfer, dismissal, demotion of head, deputy head, recognition of school board of direct-attached educational facilities; recognition and non-recognition of Board of Directors, Chairman of the Board, principal, vice principal of non-public educational facilities under the management authority of district People’s Committee;

6. Developing and making the estimate of annual educational budget for the direct-attached educational facilities; making a decision on allocation of expenditure of educational budget estimate for the direct-attached educational facilities after being approved by the competent authority; coordinating with the financial and planning organs to determine and balance the state budget annually spent for education from localities to submit it to the competent authority for approval; guiding, examining and monitoring the use of state budget and other legal revenues for education in district areas;

7. Implementing the administrative reform, practice of thrift, prevention of corruption, wastefulness, works of inspection, examination, settlement of complaints, denunciations and proposals concerning the education and handling of violation as prescribed by law; inspecting and monitoring the publicity of education quality and publicity of conditions for education quality assurance; financial publicity of direct-attached educational facilities;

8. Assisting district People’s Committee to manage the direct-attached educational facilities, including preschools, primary schools, junior high schools, general high schools with various levels (excluding the high school level) and other educational facilities (if any) under the management authority of district People’s Committee;

Article 10. Responsibility of state management on education of communal People’s Committee

Communal People’s Committees are responsible for performing their functions of state management under the educational authority in communal areas:

1. Developing and submitting the plan for local development of education to the communal People’s Council; implementing the plan for local development of education upon approval; making land planning for educational facilties in the area according to the standard specified for national standard school issued by the Ministry of Education and Training;

2. Permitting the establishment of children groups and private independent kindergarten classes according to the standard specified by the Ministry of Education and Training; ensuring and inspecting the proper operation as prescribed by law of children groups and private independent kindergarten classes in the area;

3. Implementing the socialization of education, creating a healthy educational environment, mobilizing people to take care of education, coordinating with the school to pay attention to education of children in performing a new cultural life; protecting and embellishing historical monuments, famous landscape, cultural works and works for learning and recreation of students; mobilizing resources for the development of education of communes.

4. Performing the statistics and making periodical and annual reports on educational organization and operation in the area under the guidance of district People’s Committee and Division of Education and Training;

5. Coordinating with the educational facilities in the area to register and maximally mobilize people of school age to ensure the educational universalization, prevention of illiteracy and creating conditions for people to learn regularly and all their lives;

6. Managing the community learning centers; coordinating with the Division of Education and Training to manage the preschools, primary schools, junior high schools in the area.

Article 11. Implementation provision

1. This Decree takes effect on February 15, 2011. This Decree supersedes the Decree No. 166/2004/ND-CP dated September 16, 2004 of the Government defining the responsibility of state management on education;

2. The Ministry of Education shall assume the prime responsibility for and coordinate with the Ministry of Home Affairs to specifically guide the fundctions, duties, power, organizational structure and staff of Service of Education and Training under provincial People’s Committee, Division of Education and Training under district People’s Committee as stipulated by this Decree;

3. Minister of Education and Training, the Ministers, heads of ministerial-level organs, heads of government-attached organs, Chairman of People's Committees of provinces and government-affiliated cities and the organs concerned are liable to execute this Decree.