Nghị định 32/2008/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF EDUCATION AND TRAINING

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Law on Education;
Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007; defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
At the proposal of the Minister of Education and Training and the Minister of Home Affairs,

DECREES:

Article 1. Position and functions

The Ministry of Education and Training is a government agency and functions to perform the state management of education and training under the national education system and other education institutions, covering education and training targets, programs, contents, plans and quality; standards for teachers and education administrators; regulations on examination and enrollment; the system of diplomas and certificates; material foundations and equipment of schools; and the state management of public services in the domains under the Ministrys management according to law.

Article 2. Tasks and powers

The Ministry of Education and Training has the tasks and powers prescribed in the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government:

a/ Draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee, and draft resolutions and decrees of the Government under the Ministrys approved annual law-making programs, and projects and schemes as assigned by the Government or the Prime Minister;

b/ Orientations, guidelines and policies for education and training development.

2. To submit to the Prime Minister:

a/ Draft decisions, directives and other documents which fall under the Prime Ministers direction and management competence according to law;

b/ To approve strategies, master plans, and long-term, five-year and annual plans of the entire education and training sector; strategies and master plans on key regions; and national schemes, projects and programs on education and training under the Ministrys state management.

c/ To approve master plans on the university and college network; charters of universities, and organization and operation regulations of private universities; to prescribe procedures for the establishment, operation suspension, merger, division and dissolution of universities; to prescribe norms for international standard universities, key universities and research universities; to decide on the establishment, change of name, operation suspension, merger, division and dissolution of universities; to license the establishment of private universities;

d/ To decide on the training structure, investment structure and policies to ensure the quality of professional secondary, collegial, university, master and doctoral training; to assign universities, academies and scientific research institutes to provide master and doctoral training;

e/ To promulgate standards, procedures and competence for the appointment, relief from office, resignation and dismissal of directors and deputy directors of national universities, universities, academies, and rectors and deputy sectors of universities according to law.

3. To promulgate decisions, directives, circulars, and econo-technical standards, regulations and norms on management of branches and domains under the Ministrys state management according to law; to guide and examine the implementation of these documents.

4. To guide, examine and organize the implementation of legal documents, strategies, master plans, plans, schemes, projects and programs on education and training which have been promulgated; to direct the implementation of mechanisms and policies on education and training socialization; to mobilize, manage and use resources for education and training development; to guide and examine ministries, ministerial-level agencies, other agencies and organizations, and provincial/municipal Peoples Committees in performing the state management of education and training according to law.

5. To promulgate education and training curriculums:

a/ To promulgate curriculums for pre-school education, general education and continuing education; framework curriculums for professional secondary, collegial and university training; and framework curriculums and knowledge requirements for master and doctoral training;

b/ To direct the renovation of curriculums for pre-school education, general education and continuing education; and curriculums for professional secondary, collegial, university, master and doctoral training; to examine preschool and general education institutions in implementing curriculums for preschool and general education; to assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial/ municipal Peoples Committees in, examining continuing education institutions, and information technology and foreign language training centers nationwide in implementing curriculums for continuing education; to inspect and examine professional high schools, colleges, universities and academies in implementing training programs and regulations promulgated by the Minister of Education and Training; to inspect and examine master and doctoral training institutions in implementing the regulation on master and doctoral training promulgated by the Minister of Education and Training.

6. To promulgate lists of disciplines for professional high schools, colleges, universities and academies; to prescribe the order, conditions and registration dossiers for universities and academies to open new discipline and master and doctoral training, and for scientific research institutes to open doctoral training.

7. To promulgate charters and regulations of preschools. primary schools, lower secondary schools, higher secondary schools, multilevel general schools, boarding schools for ethnic minority pupils, semi-boarding schools for ethnic minority pupils, continuing education institutions, professional high schools, pre-university schools, colleges and other education institutions under the Ministrys state management; and regulations on professional secondary, collegial, university, master and doctoral training; to promulgate standards on national preschools and general schools.

8. To promulgate education development norms; and standards on universalization of primary and lower secondary education; to prescribe the recognition of satisfaction of education universalization standards; to direct, guide, inspect and examine the universalization of education according to law.

9. To prescribe the compilation, appraisal, approval, publication, printing and distribution of textbooks and training materials; to direct the compilation of electronic training materials and the formation of electronic libraries and a national-level database; to organize the compilation and approval of common training materials for professional high schools, colleges and universities according subject groups, disciplines and specialties.

10. To promulgate regulations on examination and enrollment and the regime on designation-based enrollment; and standards of education quality; to prescribe the assessment and accreditation of education quality; to prescribe establishment conditions for, and functions, tasks and powers of, education quality accreditation organizations; to prescribe the regularity for education quality accreditation for each education rank and training level under the Ministrys state management; to direct the accreditation of education quality.

11. To prescribe conditions for certifying the completion of primary school education; conditions, order and procedures for granting diplomas and certificates under the national education system; to prescribe forms of diplomas and certificates; to prescribe the printing, and management of issuance, withdrawal and cancellation, of diplomas and certificates; to prescribe the recognition of diplomas granted to Vietnamese by foreign education institutions.

12. International cooperation:

a/ To negotiate, sign, accede to, and organize the implementation of, treaties in the domains under the Ministrys state management as authorized by the Government; to sign and participate in programs and projects on education and training cooperation with other countries, territories and international organizations according to law; to join international organizations as assigned by the Government or the Prime Minister; to negotiate and sign international agreements in the name of the Ministry;

b/ To assume the prime responsibility for, and coordinate with concerned agencies in, directing the promotion and teaching of Vietnamese for overseas Vietnamese; to prescribe the management of foreign or foreign-involved education and training institutions in Vietnam; to direct and organize the implementation of policies and mechanisms towards foreign or foreign-involved education and training institutions in Vietnam after they are approved by competent authorities;

c/ To assume the prime responsibility for organizing international conferences and seminars on education and training after being permitted by competent authorities according to law;

d/ To perform other tasks and exercise other powers concerning international cooperation in education and training according to law.

13. To manage foreign-involved training:

a/ To promulgate regulations on management of Vietnamese pupils, students, research students and trainees studying overseas (including Vietnamese pupils, students, research students and trainees studying with state budget funds or on their own); the regulation on management of Vietnamese education experts overseas; regulations on management of foreign pupils, students, trainees, research students and scientists being researchers, trainers or learners in Vietnam;

b/ To prescribe the order of and procedures and conditions for establishing, suspending and dissolving, and organization and operation regulations of, organizations providing services and consultancy for Vietnamese to learn overseas;

c/ To guide, inspect and examine the implementation of the law on training cooperation with foreign parties and international organizations;

d/ To collect statistics, develop a database, and supply information on training cooperation with foreign parties;

e/ To organize consultancy and support services for the establishment of joint ventures and associations between Vietnam and foreign education and training institutions and vice versa.

14. School fees, scholarships and policies for learners:

To assume the prime responsibility for formulating and promulgating according to its competence, or submitting to competent authorities for promulgation, and guiding the implementation of, mechanisms on collection and use of school fees for all forms of schools, policies on state-funded scholarships and other policies for learners according to law.

15. Material foundations and equipment of schools and childrens toys:

a/ To elaborate and announce according to its competence manufacturer standards, or formulate and submit to the Minister of Science and Technology for announcement national standards on material foundations and equipment of schools and school hygiene in accordance with education and training requirements; to formulate and announce according to its competence manufacturer standards, or formulate and submit to the Minister of Science and Technology for announcement national standards on childrens toys meeting requirements on education and psychophysiology of children; to manage material foundations and equipment of schools and childrens toys in the education and training domain under the Ministrys state management according to law;

b/ To assume the prime responsibility for, and coordinate with concerned ministries and branches, and provincial/municipal Peoples Committees in examining schools and education institutions in equipping, managing and using material foundations and equipment of schools and childrens toys in the education and training domain according to law.

16. To direct and organize the implementation of plans on scientific research and technology transfer for education and training development and socio-economic development.

17. To direct and organize the implementation of policies and mechanisms on market-driven training.

18. To decide on guidelines and specific measures and direct the application of the operation mechanism for public service organizations in the education and training domain according to law; to manage and direct the operation of the Ministrys non-business organizations.

19. To perform specific tasks and exercise specific powers concerning the rights to represent the owner of state capital portions in state-owned enterprises in the education and training domain under the Ministrys management, including:

a/ To elaborate schemes on rearrangement, reorganization and transformation of ownership of these enterprises, submit them to the Prime Minister for approval, and direct their implementation after they are approved;

b/ To appoint holders of the titles of leader, manager and chief accountant of state enterprises which have not been equitized;

c/ To approve organization and operation charters of state enterprises which have not been equitized.

20. To perform the state management of activities of societies and non-governmental organizations in the education and training domain on an inter-provincial or national scale:

a/ To recognize boards for mobilizing the establishment of societies and non-governmental organizations; to give the Ministry of Home Affairs written opinions about the permission for establishment, merger, division and dissolution of societies and non-governmental organizations operating in branches and domains under the Ministrys state management;

b/ To guide and facilitate societies and non-governmental organizations in participating in activities of branches and domains under the Ministrys management according to law; to organize the collection of opinions and receipt of proposals and criticism of societies and non-governmental organizations for improvement of regulations on state management of the Ministrys branches and domains;

c/ To examine and inspect the implementation of state regulations on societies and non-governmental organizations operating in branches and domains under the Ministrys management; to handle, or propose to competent agencies for handling violations of law by societies and non-governmental organizations according to law.

21. To provide information on, propagate, disseminate and educate the law on education and training for the education and training sector and the society.

22. Examination and inspection:

a/ To guide, examine and inspect the implementation of policies and law on education and training under the Ministrys state management;

b/ To examine and handle according to its competence, or propose to competent authorities for handling, documents promulgated by ministers, heads of ministerial-level agencies, heads of government-attached agencies, directors of national universities, universities and academies, university rectors, and provincial/ municipal Peoples Councils and Peoples Committees in contravention of legal documents on education and training promulgated by the National Assembly, the National Assembly Standing Committee, the Government, the Prime Minister and the Minister of Education and Training;

c/ To conduct administrative and specialized inspection in the education and training domain according to law;

d/ To settle education and training-related complaints, denunciations and proposals of citizens under the Ministrys state management;

e/ To practice thrift and prevent and combat corruption according to law;

f/ To handle administrative violations in the education and training domain according to law.

23. To decide on and organize the implementation of the Ministrys administrative reform plan in line with the Governments state administrative reform programs and plans and the Prime Ministers direction; to promulgate regulations on management decentralization for education and training institutions under the Ministrys management.

24. To direct statistical and communication work and develop a database on education and training, to apply information technology to the education and training sector according to law.

25. To manage education and training public servant ranks:

a/ To perform tasks and exercise powers concerning the management of public servant ranks of the education and training sector; to set and promulgate norms for the non-business payroll of the education and training sector after reaching agreement with the Ministry of Home Affairs;

b/ To direct examinations for promotion of education and training public servants to the principal public servant rank, and principal public servants to the senior public servant rank according to law;

c/ To promulgate standards on professional skills and qualifications of education and training public servant ranks after they are appraised by the Ministry of Home Affairs; to promulgate the structure of education and training public employee ranks; professional standards for preschool and general education teachers; criteria for heads of preschool education and training institutions, general education and continuing education institutions, professional high schools and colleges; and the regulation on assessment of public servants; to prescribe contents and forms of recruitment of education and training public servants after reaching agreement with the Ministry of Home Affairs;

d/ To direct and guide the implementation of specialized regimes and policies on training, retraining and preferential treatment for teachers and education administrators according to law; to promulgate programs on professional training and retraining for teachers and education administrators;

e/ To direct and organize the grant of titles of honor for teachers and education administrators according to law.

26. To manage its organizational apparatus, payroll and cadres, public employees and servants; to implement the wage regime and policies and regimes on treatment, appointment, relief from office, resignation, dismissal, reward and disciplining of cadres, public employees and servants according to law; to train, retrain and develop contingents of cadres and public employees in units under the Ministrys management; to set standards on professional skills and qualifications for education and training public employee ranks for the Minister of Home Affairs promulgation; to promulgate criteria for the post of provincial/municipal Training and Education Service director.

27. To perform financial and asset management:

a/ To perform financial and asset management and use state budget funds allocated to the Ministry according to law;

b/ To manage and implement investment projects on education and training in the domains under the Ministrys management according to law;

c/ To coordinate with the Ministry of Finance and the Ministry of Planning and Investment in allocating education and training state budget funds for submission to the Government; to decide on the allocation of education and training budget estimates of the Ministry after they are approved by competent authorities; to guide and examine expenditures for implementing national education and training targets and programs within the assigned budget funds.

28. To perform other tasks and exercise other powers as assigned by the Government or the Prime Minister or prescribed by law.

Article 3. Organizational structure

1. The Office.

2. The Organization and Personnel Department.

3. The Planning-Finance Department.

4. The Preschool Education Department.

5. The Primary Education Department.

6. The Secondary Education Department.

7. The Professional Education Department.

8. The Tertiary Education Department.

9. The Ethnic Minority Education Department.

10. The Continuing Education Department.

11. The Defense Education Department.

12. The Pupil and Student Affairs Department.

13. The Science, Technology and Environment Department.

14. The International Cooperation Department.

15. The Legal Department.

16. The Inspectorate.

17. The Education Quality Examination and Accreditation Bureau.

18. The Teacher and Education Administrator Bureau.

19. The Information Technology Bureau.

20. The Bureau of Material Foundations, Equipment of Schools and Childrens Toys.

21. The Foreign-Involved Training Bureau.

22. The Ministrys representative agency in Ho Chi Minh City.

23. The Vietnam Education Science Institute.

24. The Education Management Academy.

25. The Ho Chi Minh City Education Administrators School.

26. The Education and Time newspaper.

27. The Education magazine.

The Office, the Organization and Personnel Department, the Planning-Finance Department, the Inspectorate and the Ministrys representative agency in Ho Chi Minh City and bureaus may organize sections.

The units defined in Clauses 1 thru 22 of this Article shall assist the Minister in performing the state management function, the units defined in Clauses 23 thru 27 are non-business units serving the state management function of the Ministry.

The Minister of Education and Training shall submit to the Prime Minister for promulgation a list of the Ministrys remaining non-business units.

Article 4. Implementation effect

1. This Decree takes effect 15 days after its publication in CONG BAO and replaces the Governments Decree No. 85/2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training.

2. To annul all previous regulations which are contrary to this Decree.

Article 5. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal Peoples Committees shall implement this Decree.