Nghị định 88/2001/ND-CP

DECREE

ON THE UNIVERSALIZATION OF BASIC SECONDARY EDUCATION

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Education Law of December 2, 1998;
Pursuant to Resolution No. 41/2000/QH10 of December 12, 2000 of the X^th National Assembly, the 8th session, on the universalization of basic secondary education;
At the proposal of the Minister of Education and Training,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree stipulates and guides in detail the implementation of the Education Law and the Resolution of the National Assembly on the universalization of basic secondary education in the period from 2001 to 2010; defines the responsibilities of State management agencies, schools and other educational institutions, families, organizations as well as individuals in the universalization of basic secondary education.

Article 2.- Subjects of basic secondary education universalization

Subjects of basic secondary education universalization are Vietnamese youngsters aged between 11 years and full 18 years, who have finished primary education but not basic secondary education.

Article 3.- Interpretation of terms

The following terms used in this Decree shall be construed as follows:

1. Age group eligible for basic secondary education universalization ranges from 11 to full 18 years.

2. Persons who reach the basic secondary education level are those who have been granted the basic secondary education graduation diplomas according to the provisions of Article 27 of the Education Law.

3. Residence place means the place where pupils register their permanent residence or where pupils have registered their temporary residence and live regularly for six months or more.

4. Public basic secondary schools in the residence places of pupils are public basic secondary schools located in the communes, wards or townships where pupils reside.

5. Area under the charge of a public basic secondary school is a population area where the school is responsible for enrolment of pupils according to the regulations of the direct education management body.

6. Communes meeting with difficult or extremely difficult socio-economic conditions are communes under the Program on socio-economic development in mountainous, remote and deep-lying communes meeting with exceptional difficulties as prescribed by the Prime Minister.

Article 4.- Objectives of basic secondary education universalization

The objectives of basic secondary education universalization are to ensure that most of teenagers, after finishing primary education, continue their study so as to reach the basic secondary education level before they pass the age of 18, meet the requirements of raising the people’s knowledge, training human resources, fostering talents to serve the cause of national industrialization and modernization.

Article 5.- Education program, education mode

1. The education program to be applied to the basic secondary education universalization is the basic secondary education program or the complementary basic secondary education program promulgated by the Ministry of Education and Training.

2. The education mode to be applied to the basic secondary education universalization is the mode of formal education or informal education.

3. The application of the basic secondary education program according to the formal education mode and the complementary basic secondary education program according to the informal education mode are stipulated in Article 10 of this Decree.

Article 6.- Investment in the universalization of basic secondary education

1. Universalization of basic secondary education constitutes one of the objectives of the national target program on education and training, enjoys investment from the State budget.

2. The State shall adopt policies to encourage, support and create conditions for non-public educational institutions to perform the task of universalizing the basic secondary education, encourage and create conditions for international organizations, foreign governments, foreigners and overseas Vietnamese to take part in universalizing the basic secondary education in Vietnam according to law provisions.

Chapter II

RIGHTS AND OBLIGATIONS OF THE SUBJECTS OF BASIC SECONDARY EDUCATION UNIVERSALIZATION

Article 7.- Study rights and obligation of subjects of basic secondary education universalization

1. To study so as to reach the basic secondary education level is the right and obligation of all subjects of basic secondary education. universalization

2. Subjects of basic secondary education universalization may study at basic secondary schools at their residence places under the guidance of the Ministry of Education and Training.

3. Subjects of basic secondary education universalization who cannot follow the basic secondary education program according to the mode of formal education due to extremely difficult circumstances may follow complementary basic secondary education program according to the mode of informal education organized by basic secondary schools, regular education centers, general technical and vocational guidance centers or other educational institutions.

Article 8.- Collection, reduction and exemption of school fees, distribution of textbooks and learning materials for subjects of universalization of basic secondary education

1. To collect school fees from subjects of universalization of basic secondary education, except for those who are exempt therefrom under the provisions of Clause 2 of this Article.

2. To exempt or reduce school fees and other contributions for the following subjects of basic secondary education universalization:

a/ Those who enjoy preferential policies under the provisions of the Government’s Decree No. 28/CP of April 29, 1995;

b/ Those who enjoy preferential policies under the provisions of Clauses 1 and 2, Article 32, Clause 1, Article 36, and Clause 1, Article 38 of the Government’s Decree No. 43/2000/ND-CP of August 30, 2000;

c/ Those who study according to the mode of informal education due to extremely difficult economic conditions as provided for by the Ministry of Education and Training.

3. Distribution of textbooks and learning materials to the following subjects of basic secondary education universalization:

a/ Pupils who study at educational institutions in communes facing extremely difficult and difficult socio-economic circumstances;

b/ Pupils who follow the complementary basic secondary education program according to the mode of informal education due to extremely difficult economic circumstances according to the regulations of the Ministry of Education and Training.

Article 9.- Universalization of basic secondary education for overseas Vietnamese youngsters and foreign youngsters living in Vietnam

1. Overseas Vietnamese youngsters being subjects of universalization of basic secondary education who live in foreign countries shall be provided with necessary conditions by their parents or guardians and assisted by the State to complete the basic secondary education.

2. Foreign youngsters living in Vietnam who have finished primary education and wish to follow basic secondary education at Vietnamese schools shall be allowed to study at basic secondary schools in their residence places and enjoy all interests like Vietnamese pupils.

Chapter III

SCHOOLS, FAMILIES AND SOCIETY IN THE UNIVERSALIZATION OF BASIC SECONDARY EDUCATION

Article 10.- Responsibilities of basic secondary schools, regular education centers, general technical and vocational guidance centers or other educational institutions of the national education system

1. Basic secondary schools, regular education centers, general technical and vocational guidance centers or other educational institutions in the public, semi-public, people-founded and private forms shall have the responsibility to universalize the basic secondary education; coordinate with the administrations, families, organizations and individuals in mobilizing pupils who are subjects of universalization of basic secondary education to go to school; closely combine school education with family education and social education, build a healthy educational environment.

2. Basic secondary schools shall have the responsibility to:

a/ Carry out the basic secondary education program according to the mode of formal education, ensuring educational quality and effectiveness;

b/ Organize the performance of the complementary basic secondary education program according to the mode of informal education for subjects of universalization of basic secondary education, who have no conditions to study according to the mode of formal education, when they are assigned this task by the direct managing agency;

c/ Receive, organize the study for subjects of universalization of basic secondary education who regularly reside in the localities under the schools charge; possibly receive pupils outside the localities under the schools charge provided that the number of pupils per class does not exceed the limit set by the Ministry of Education and Training.

3. Regular education centers shall have the responsibility to carry out the complementary basic secondary education program according to the mode of informal education for subjects of universalization of basic secondary education who have no conditions to study at basic secondary schools.

4. General technical and vocational guidance centers shall, within the scope of their assigned functions and tasks, have the responsibility to coordinate with basic secondary schools and regular education centers in performing the tasks defined in Clauses 2 and 3 of this Article.

5. Other educational institutions shall have the responsibility to participate in universalizing the basic secondary education in the localities at the requests of the local administrations and direct managing agencies.

Article 11.- Responsibilities and rights of parents or guardians towards subjects of basic secondary education universalization

Parents or guardians (hereinafter collectively referred to as parents) shall have the following responsibilities and rights:

1. To ensure their children or minor wards (hereinafter collectively referred to as children) who are subjects of basic secondary education universalization to study so as to reach the basic secondary education level.

2. To create every condition for their children to study, train themselves, participate in school activities so as to develop comprehensively, morally, intellectually, physically and aesthetically with a view to attaining the basic secondary education objectives.

3. To pay school fees for their children according to current regulations, if their children are liable to pay school fees.

4. To coordinate with schools and mass organizations in educating their children, effecting the coordinated education in accordance with law; set good examples for their children in family and social life.

5. To contribute opinions to the schools or education management agencies regarding the policy of basic secondary education universalization.

6. To participate in parents� activities organized by schools or education management agencies in order to realize the undertaking of basic secondary education universalization.

Article 12.- Responsibilities and powers of organizations and citizens towards the universalization of basic secondary education

State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people�s armed force units and all citizens shall have the responsibility as well as the right to take part in materializing the policy of universalization of basic secondary education, depending on their capabilities and conditions and according to the law provisions. Specifically:

1. To mobilize parents to ensure that their children in the age group eligible for universalization of basic secondary education to reach the basic secondary education level.

2. To coordinate with the schools and education management agencies in assisting the subjects of basic secondary education universalization to realize the universalization of basic secondary education.

3. To make, and mobilize organizations and individuals inside and outside the country to make, contributions in cash, kind and/or effort to schools or education management agencies according to law provisions for the sake of universalization of basic secondary education.

4. To supervise and inspect State agencies, schools, families, organizations and individuals in the realization of the policy of universalization of basic secondary education, lodge complaints and denunciations according to law provisions about acts of obstructing the universalization of basic secondary education.

5. To propagate and campaign for the universalization of basic secondary education.

Chapter IV

CONDITIONS FOR ENSURING UNIVERSALIZATION OF BASIC SECONDARY EDUCATION

Article 13.- Finance

1. Financial sources used for basic secondary education universalization include: State budget; school fees, money contributions to school and class construction; financial supports of organizations and individuals inside and outside the country and other lawful revenue sources (if any) according to law provisions, of which the State budget plays the key role.

2. The People’s Councils of the provinces and centrally-run cities (hereinafter collectively referred to as provincial level) shall base themselves on the school fee bracket prescribed by the Prime Minister to prescribe the school fee rates and the use of school fees at the proposals of the People�s Committees of the same level.

3. The People’s Councils at all levels shall base themselves on the educational development demands, the economic situation and the contribution capabilities of the local people to prescribe the levels of contributions for school and classroom construction on the basis of the people’s opinions and the proposals of the People’s Committees of the same level.

Article 14.- Teachers

1. Teachers of basic secondary schools, regular education centers, general technical and vocational guidance centers and other educational institutions, who participate in teaching at classes of basic secondary education universalization but have not yet reached the standard training level as prescribed at Point b, Clause 1, Article 67 of the Education Law shall have to continue their study and be provided with conditions therefor by direct educational management agencies.

2. Teachers who participate in teaching at complementary basic secondary education classes reserved for of basic secondary education universalization subjects who have no conditions for studying according to the mode of formal education shall enjoy remuneration prescribed by the Ministry of Finance.

Article 15.- Material and technical bases

1. The Ministry of Education and Training shall have the responsibility to promulgate criteria on the material and technical bases of basic secondary schools, regular education centers, general technical and vocational guidance centers, direct and guide the localities in the implementation thereof.

2. The localities must ensure that the basic secondary schools have all conditions regarding classrooms, laboratories, sport and physical training rooms or yards, libraries, and playing grounds according to the criteria promulgated by the Ministry of Education and Training; create conditions for regular education centers and general technical and vocational guidance centers to have adequate material bases and necessary equipment as well as facilities for organizing informal educational, general technical education and vocational guidance activities.

Article 16.- Policies to encourage non-public educational institutions

1. Non-public educational institutions, when carrying out activities of universalizing the basic secondary education, shall be given priority to enjoying incentive policies regarding material bases, land, taxes, charges, fees and credit as prescribed in the Government’s Decree No. 73/1999/ND-CP of August 19, 1999 on the policy to encourage the socialization of activities in the domains of education, health, culture and sports.

2. Non-public educational institutions, when implementing the policies on exemption and reduction of school fees and distribution of textbooks and learning materials under the provisions of Article 8 of this Decree shall be provided with budgetary support by the State according to the regulations of the Ministry of Finance.

Chapter V

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES IN ENSURING THE UNIVERSALIZATION OF BASIC SECONDARY EDUCATION

Article 17.- Responsibilities of the Ministry of Education and Training

1. To direct the universalization of basic secondary education. To promulgate, and organize the implementation of, legal documents according to its competence in order to ensure conditions for, quality and tempo of the universalization of basic secondary education.

2. To define the education objectives and programs, ensure the consistency of the standard education level; concurrently devise solutions and options to apply the education program suitable to the study conditions and circumstances of pupils; coordinate with the concerned agencies in stipulating the compilation, review, distribution and use of textbooks of basic secondary education so that they can meet the requirements of basic secondary education universalization.

3. To direct and guide the localities to implement the regulations on professional qualifications and skills; training and fostering of teachers and managerial personnel; and construction of material and technical bases in order to ensure the quality, effectiveness and tempo of universalization of basic secondary education.

4. To assume the prime responsibility and coordinate with the branches, levels, socio-political organizations, social organizations, socio-professional organizations and economic organizations in mobilizing all resources in the society for the service of the cause of education in general and the basic secondary education universalization in particular.

5. To assume the prime responsibility and coordinate with the concerned ministries and branches as well as the provincial-level People’s Committees in organizing the supervision and inspection of the localities and lower-level educational management agencies in their implementation of the policy of basic secondary education universalization; detect in time and propose solutions to overcome difficulties in the implementation of the policy on universalization of basic secondary education; annually report on the situation and results of universalization of basic secondary education to the Prime Minister.

6. To propose the State to commend and reward individuals, organizations and localities that have recorded achievements in the cause of universalization of basic secondary education.

Article 18.- Responsibilities of the Ministry of Planning and Investment

1. To synthesize plans, balance resources and ensure the tempo of universalization of basic secondary education.

2. To coordinate with the Ministry of Education and Training in guiding the localities to elaborate plannings on the school networks and execute the investment plans to upgrade schools in service of the needs of universalization of basic secondary education.

3. To prioritize the use of ODA capital for the achievement of the objective of universalization of basic secondary education.

Article 19.- Responsibilities of the Government Commission for Organization and Personnel

To assume the prime responsibility and coordinate with the Ministry of Education and Training in renewing the regulations on the recruitment of teachers on the State payroll in adherence to the spirit of the administrative apparatus reform and in compatibility with the practical conditions and circumstances; assign the payroll norms to the educational service, ensuring sufficient quantities, synchronous structure and compliance with the performance of each school year�s tasks; direct and guide the strengthening and consolidation of the educational management apparatus at the provincial and district levels.

Article 20.- Responsibilities of the Ministry of Finance

1. To perfect the financial policies, supervise, inspect and handle violations of the finance legislation committed by organizations or individuals in the management and use of financial sources mobilized for the universalization of basic secondary education; prioritize the allocation of the State budget for investment in the universalization of basic secondary education.

2. To promulgate norms on State budget expenditures on education of basic secondary pupils according to the formal and informal modes; ensuring the timely budget distribution and allocation so as to achieve the objective of universalization of basic secondary education.

3. To assume the prime responsibility and coordinate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs and the Government Commission for Organization and Personnel in formulating policies for teachers, pupils and for non-public educational institutions in the cause of basic secondary education universalization with regard to cases specified in Articles 8, 14 and 16 of this Decree.

Article 21.- Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. To assume the prime responsibility and coordinate with the Ministry of Education and Training, the Ministry of Finance and Vietnam Committee for Child Protection and Care in elaborating policies to support and assist children of fallen heroes and seriously invalid soldiers, disabled children, supportless orphans, children of poor and hungry families, who are subjects of basic secondary education universalization.

2. To consolidate, strengthen and develop vocational training establishments to coordinate in providing vocational education for basic secondary pupils, attracting a proportion of pupils who have finished the basic secondary education for training into skilled laborers.

Article 22.- Responsibilities of the Ministry of Health, the Ministry of Science, Technology and Environment and the Sports and Physical Training Committee

The Ministry of Health, the Ministry of Science, Technology and Environment and the Sport and Physical Training Committee shall have the responsibility to coordinate with the Ministry of Education and Training in ensuring the requirements in school healthcare, environmental education and physical education of the basic secondary schools.

Article 23.- Responsibilities of other ministries and branches

Other ministries and branches shall, according to their respective functions and tasks, have the responsibility to participate in universalizing the basic secondary education.

Article 24.- Responsibilities of the provincial-level People’s Committees

1. To elaborate and balance the local budgets, tap and mobilize resources outside the budget for implementing the localities plans on universalization of basic secondary education, which are expressed in specific norms in the annual, five-year and 10-year socio-economic development plans of their respective localities.

2. To abide by the professional direction and guidance of the Ministry of Education and Training; direct, guide and supervise the People’s Committees of the rural and urban districts, provincial cities and towns (hereinafter collectively referred to as district level), the People’s Committees of the communes, wards and townships (hereinafter collectively referred to as commune level) in implementing the policies of basic secondary education universalization; ensuring the quality, effectiveness and tempo of the universalization of basic secondary education in their respective localities.

3. To invest and direct the district-level and commune-level People’s Committees in building and upgrading schools and classrooms; procure equipment and facilities for public basic secondary schools; supervise people-founded and private basic secondary schools in investment in building their material and technical bases.

4. To make plans on the teachers payrolls in the localities, serving as basis for the Government Commission for Organization and Personnel to assign payroll norms; organize the recruitment of teachers, ensuring sufficient quantities and synchronous structure; organize training and fostering for teachers.

5. Annually, to report to the Ministry of Education and Training on the situation of the universalization of basic secondary education in the provinces.

Article 25.- Responsibilities of the district-level People’s Committees

1. To manage primary and basic secondary schools of all types of educational institution in their respective areas, ensure the quality, effectiveness and tempo of the universalization of basic secondary education in their respective localities.

2. To abide by the regulations on the budget expenditures on education, including expenditures on the universalization of basic secondary education; ensure conditions regarding organization, personnel, finance and material bases for public and semi-public primary and basic secondary schools.

3. To ensure the implementation of policies and regimes for teachers, educational administrators and pupils according to the State’s regulations, create favorable conditions for and take measures to improve the living standards of, teachers and educational administrators by adopting preferential policies in their localities.

4. To mobilize organizations and individuals inside and outside the country to make contributions to the cause of basic secondary education universalization.

Article 26.- Responsibilities of the commune-level People’s Committees

1. To monitor the study of the subjects of primary education universalization and basic secondary education in their respective localities; coordinate with mass and social organizations in propagating, mobilizing, assisting and creating favorable conditions for families having children in the age group eligible for universalization of basic secondary education to send their children to school in order to reach the basic secondary education level.

2. To coordinate with basic secondary schools, regular education centers, general technical and vocational guidance centers and other educational institutions belonging to the national education system based in their respective localities in organizing suitable learning forms to help the basic secondary education universalization subjects who have no conditions for studying according to the formal mode to study according to the informal mode in order to reach the basic secondary education level.

3. To mobilize people to make contributions in cash, kind and/or effort to building, preparing and protecting educational works in their respective localities; coordinate with schools and mass organizations in building a healthy education environment; assist and create favorable conditions for teachers and educational administrators to fulfill their tasks.

Chapter VI

RECOGNITION OF THE STANDARD LEVEL OF BASIC SECONDARY EDUCATION UNIVERSALIZATION

Article 27.- Units recognized as achieving the standard level of basic secondary education universalization

Units recognized as achieving the standard level of basic secondary education universalization must fulfill their responsibilities defined in Articles 24, 25 and 26 of this Decree, depending on each level, and meet all the following conditions:

1. For the commune level:

a/ Maintaining and consolidating the results of primary education universalization: The number of six-year-old children attending grade 1 classes accounts for 90% upwards; at least 80% of children in the age group of 11 - 14 years have finished primary education and the remaining number of children in this age group are attending primary schools;

For areas with difficult or extremely difficult socio-economic conditions, the number of six-year-old children attending grade 1 classes accounts for 80% upward; at least 70% of children in the age group of 11 - 14 years have finished primary education and the remaining number of children in this age group are attending primary schools;

b/ Annually, 95% upward of children who have finished primary education are mobilized to attend basic secondary education; this percentage is 80% upward for communes with difficult or extremely difficult socio-economic conditions;

c/ Ensuring the number of teenagers in the age group of 15 to 18 years who have finished the basic secondary education accounts for 80% upward; this percentage is 70% upward for communes with difficult or extremely difficult socio-economic conditions;

d/ Annually, ensuring 90% upward of pupils finishing the basic secondary education; or 75% upward for communes with difficult or extremely difficult socio-economic conditions.

2. For the district level: Having at least 90% of communes, wards and townships which meet the standard level of basic secondary education universalization.

3. For the provincial level: Having all rural and urban districts, provincial towns and cities which reach the basic secondary education universalization standards.

Article 28.- Competence to recognize the achievement of basic secondary education universalization standards and responsibilities of the units which reach the standards

1. The Ministry of Education and Training shall assume the prime responsibility to supervise and issue decisions on recognition of achieving the basic secondary education universalization standards for the provincial level.

The provincial-level People’s Committees shall supervise and issue decisions on recognition of achieving the basic secondary education universalization standards for the district level.

The district-level People’s Committees shall supervise and issue decisions on recognition of achieving the basic secondary education universalization standard for the commune level.

2. The supervision participants at each level consist of the unit with the prime responsibility as prescribed in Clause 1 of this Article and representatives of State agencies, political organizations and socio-political organizations of the same level.

3. For units which have been recognized to achieve the basic secondary education universalization standards, the People’s Committees at various levels shall have to consolidate, maintain and perfect the results of the basic secondary education universalization; implement the policy of channeling pupils who have finished basic secondary education. Annually, the provincial-level People’s Committees shall have to check the sustainment of the results of the basic secondary education universalization in their respective localities, report such to the Ministry of Education and Training for summing up and reporting to the Prime Minister.

Chapter VII

COMMENDATION AND VIOLATION HANDLING

Article 29.- Commendation of organizations and individuals that have recorded achievements in the universalization of basic secondary education

Organizations and individuals that have made meritorious contributions to the cause of universalization of basic secondary education shall be commended and rewarded according to the law provisions on commendation.

Article 30.- Handling of violations

Those who commit acts of causing difficulties to or obstructing the universalization of basic secondary education shall, depending on the nature and gravity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing any damage, they must pay compensation therefor according to the law provisions.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 31.- Implementation provisions

1. This Decree takes implementation effect 15 days after its signing. All previous provisions which are contrary to this Decree are hereby annulled.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.