Circular No. 21/2018/TT-BGDDT dated August 24, 2018 of the Ministry of Education and Training on promulgating the Regulation on organization and operation of foreign language and computer training centers

CIRCULAR

Promulgating the Regulation on organization and operation of foreign language and computer training centers^[1]

Pursuant to the June 14, 2005 Law on Education; and the November 25, 2009 Law Amending and Supplementing a Number of Articles of the Law on Education;

Pursuant to the Government’s Decree No. 75/2006/ND-CP of August 2, 2006, detailing and guiding the implementation of a number of articles of the Law on Education; Decree No. 31/2011/ND-CP of May 11, 2011, amending and supplementing a number of articles of the Government’s Decree No. 75/2006/ND-CP of August 2, 2006, detailing and guiding the implementation of a number of articles of the Law on Education; and Decree No. 07/2013/ND-CP of January 9, 2013, amending Point b, Clause 13, Article 1 of Decree No. 31/2011/ND-CP of May 11, 2011, amending and supplementing a number of articles of the Government’s Decree No. 75/2006/ND-CP of August 2, 2006, detailing and guiding the implementation of a number of articles of the Law on Education;

Pursuant to the Government’s Decree No. 69/2017/ND-CP of May 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government’s Decree No. 46/2017/ND-CP of April 21, 2017, prescribing conditions for investment and operation in the field of education;

Pursuant to the Government’s Decree No. 86/2018/ND-CP of June 6, 2018, on foreign cooperation and investment in education;

At the proposal of the Director of the Continuing Education Department;

The Minister of Education and Training promulgates the Circular promulgating the Regulation on organization and operation of foreign language and computer training centers.

Article 1.To promulgate together with this Circular the Regulation on organization and operation of foreign language and computer training centers.

Article 2.This Circular replaces the Minister of Education and Training’s Circular No. 03/2011/TT-BGDDT of January 28, 2011, promulgating the Regulation on organization and operation of foreign language and computer training centers, and takes effect on October 10, 2018.

Article 3.Chief of the Office and Director of the Continuing Education Department, heads of related units of the Ministry of Education and Training, chairpersons of provincial-level People’s Committees, directors of Education and Training Departments, directors of foreign language and computer training centers and related organizations and individuals shall implement this Circular.-

For the Minister of Education and Training
Deputy Minister
NGUYEN HUU DO

REGULATION

On organization and operation of foreign language and computer training centers

(To the Minister of Education and Training’s Circular No. 21/2018/TT-BGDDT of August 24, 2018)

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Regulation prescribes the organization and operation of foreign language and computer training centers, including: organizational apparatus and staff; teaching activities; teachers and learners; finance and assets; inspection, examination, commendation and handling of violations of foreign language and computer training centers.

2. This Regulation applies to foreign language and computer training centers; foreign language centers; computer training centers (below referred to as foreign language and computer training centers or centers) and related organizations and individuals.

Article 2.Legal position of foreign language and computer training centers

Foreign language and computer training centers mean continuing education establishments of the national education system, including:

1. Public foreign language and computer training centers established with the State’s investment and operation conditions ensured by the State in accordance with law and having the legal status and their own seals and accounts.

2. Private foreign language and computer training centers established with investment by domestic organizations or individuals and operation conditions ensured by such organizations or individuals in accordance with law and having the legal status and their own seals and accounts.

3. Foreign-invested foreign language and computer training centers established with investment or capital contribution by foreign individuals or economic organizations and operation conditions ensured by such individuals or organizations in accordance with law, and permitted to use their own seals and accounts.

Article 3.Tasks and powers of foreign language and computer training centers

1. To organize the implementation of training and retraining programs on improvement of foreign language and computer skills of learners.

2. To enroll and manage learners.

3. To organize the compilation or selection of teaching materials to satisfy the graduation standards of training programs suitable to learners.

4. To organize the examination, evaluation and certification of completion of foreign language and computer training programs organized by them. To organize the examination and grant of foreign language and computer training certificates of the national education system to those who fully satisfy the conditions prescribed by the Ministry of Education and Training.

5. To perform such relevant jobs as translation, interpretation, programming and software installation.

6. To organize training and refresher courses to raise expertise and professional qualifications of their employees and teachers.

7. To organize research activities for their development and raising of education quality.

8. To publicize educational quality assurance conditions.

9. To determine and publicize tuition fees according to their learners’ courses and training quality.

10. To issue internal regulations and define the functions and tasks of their units; to manage, recruit and develop the contingent of managers and teachers under their development strategies.

11. To manage their finance and assets and enjoy preferential support policies in accordance with law.

12. To perform other tasks and exercise other powers as prescribed by law.

Article 4.Procedures for establishment and permission for establishment, operation, merger, division, termination and dissolution, and names, of foreign language and computer training centers

1. Procedures for establishment and permission for establishment of foreign language and computer training centers; procedures for operation of these centers; and procedures for operation, merger, division, termination and dissolution of these centers must comply with the Government’s regulations.

2. Foreign language and computer training centers shall be named on the following principles:

a/ Foreign language and computer training center + Proper name;

b/ The proper name of a center must not be identical to that of another center that has previously been established, and must not use any words or signs that violate the historical tradition, culture, ethics and other fine traditions and customs of the Vietnamese nation.

3. A foreign language and computer training center must have its transactional name in Vietnamese and international transactional name in English (or in another popular foreign language) with the same content.

4. The name of a foreign language and computer training center shall be stated in its establishment decision, seal, signboards and transactional documents.

Chapter II

ORGANIZATION, APPARATUS AND STAFF

Article 5.Organizational structure of a foreign language and computer training center

1. Director.

2. Deputy director(s) (if any).

3. Specialized and professional sections.

4. Advisory councils (if any).

5. Party organization (if any) and mass organizations.

Article 6.Directors of foreign language and computer training centers

1. The director of a center means a person who directly manages and administers the organization and apparatus and shall take responsibility before law and the superior management agency for the operation of the center.

2. The director of a center must meet the following standards:

a/ Having good personal records;

b/ Having management capacity;

c/ Having graduated from a foreign language university or graduated from another university and possessing a foreign language certificate of level 3 or higher level within the six-level foreign-language competency framework for Vietnamese or an equivalent certificate (for directors of foreign language centers).

Having graduated from an information technology university or graduated from another university and possessing a fundamental information technology application certificate according to the information technology command standards or an equivalent certificate in accordance with the current regulations of the Ministry of Education and Training and the Ministry of Information and Communications (for directors of computer training centers).

Satisfying either of the two above conditions (for directors of foreign language and computer training centers).

d/ Being experienced in the field of education and training.

3. Directors of centers shall be appointed by authorities competent to establish such centers. Authorities competent to permit the establishment of centers shall decide on the recognition of their directors (for private and foreign-invested centers). The term of office of the director of a foreign language and computer training center is 5 years.

Article 7.Tasks and powers of directors of foreign language and computer training centers

1. To formulate plans and organize the implementation, supervision and assessment of results of task performance of their centers.

2. To establish and appoint heads of specialized and professional sections and advisory councils in accordance with internal regulations of their centers.

3. To manage teachers, cadres, staffs and learners of their centers in accordance with this Regulation and relevant regulations.

4. To decide on or propose the commendation or disciplining of managers, teachers, staffs and learners of their centers under their management competence.

5. To perform finance and asset management of their centers in accordance with the regulations of authorities competent to establish their centers and relevant regulations.

6. To grant certification of completion of foreign language and computer training programs organized by their centers and certificates of completion of foreign language and computer training programs when their centers fully satisfy the conditions in accordance with the Ministry of Education and Training’s regulations on examination and grant of foreign language and computer skills certificates.

7. To organize the selection or formulation, compilation, appraisal and promulgation of teaching programs and materials to meet the needs of learners.

8. To be enrolled in refresher courses for raising their professional qualifications and enjoy other entitlements provided by law.

Article 8.Deputy directors of foreign language and computer training centers (if any)

1. The deputy director of a center means a person assisting the director in managing and administering the operation of the center, who has good personal records and management capacity; and graduated from a foreign language or information technology university, or graduated from another university and possesses a foreign language or information technology certificate.

2. The directors of centers shall request authorities competent to establish their centers to appoint deputy directors. Authorities competent to permit the establishment of centers shall decide on the recognition of deputy directors (for private and foreign-invested centers).

3. The term of office of a deputy director of a center equals that of the director of such center.

Article 9.Tasks and powers of deputy directors of foreign language and computer training centers

1. To assist center directors in managing and administering the operation of their centers as assigned or authorized; to be in charge of a number of working areas as assigned by center directors and perform jobs assigned by center directors.

2. Deputy directors shall take responsibility before the directors and law for results of the performance of their jobs assigned by center directors.

Article 10.Specialized and professional sections

1. Based on the size and training programs of a center, the center director shall decide on the establishment of specialized and professional sections of such center.

2. Specific tasks of specialized and professional sections shall be decided by center directors.

Article 11.Advisory councils (if any)

Advisory councils shall be established under the decisions of center directors. The functions, tasks, powers, operation duration and number and composition of advisory councils shall be decided by center directors or submitted to authorities competent to establish centers for decision.

Article 12.Communist Party of Vietnam organizations (if any) and mass organizations

1. The communist Party of Vietnam organization in a center shall be established and operate in accordance with the Charter of the Communist Party of Vietnam, the Constitution and laws.

2. Mass organizations in a center shall be established and operate in accordance with the charter of the center and relevant regulations, and contribute to properly performing the tasks of the center.

Chapter III

OPERATIONS OF FOREIGN LANGUAGE AND COMPUTER TRAINING CENTERS

Article 13.Teaching programs and materials

1. Foreign language and computer training centers shall use the programs promulgated by the Ministry of Education and Training; compile or select by themselves programs and documents of universities, colleges or domestic or international education institutions to meet the needs of learners within their capacity.

2. Directors of foreign language and computer training centers shall take responsibility before law and education management agencies for contents of teaching programs and materials of their centers; and shall report teaching programs and materials used in their centers to headmasters (for centers under universities and pedagogical colleges) or directors of provincial-level Education and Training Departments (for the remaining centers in their localities).

Article 14.Enrollment

1. Every year, foreign language and computer training centers shall formulate their enrollment plans and publicize information on their courses, including teaching programs and materials, graduation standards, learning conditions, teachers, methods of examination, evaluation and certification of learning results, inaugural time, tuition fees and other necessary information.

2. For enrollment plans of foreign language and computer training courses designed to meet specific needs of learners, course information shall be agreed upon by centers and learners and publicized before the inaugural time of the courses.

Article 15.Teaching activities

1. Teaching activities may be organized in a flexible manner in physical or online classes or combined physical and online classes.

2. Learners shall learn and be managed in classes. Each class shall have one monitor or management teacher.

Article 16.Examination, testing and evaluation

1. For foreign language and computer training programs for grant of certificates of the national education system, centers shall organize examinations and grant certificates when they fully satisfy the conditions for organization of examinations and grant of foreign language and computer training certificates in accordance with the regulations of the Ministry of Education and Training.

2. For other foreign language and computer training programs, centers shall organize examinations and evaluation and grant certification of completion.

Article 17.Training coordination and international cooperation

1. A center shall coordinate with educational institutions in the locality where it is licensed for operation in foreign language training, provided it meets the needs of learners with its own conditions and capacity. The training coordination must be carried out under a contract between the two parties, which clearly states training contents, funds, teaching staff, training form, location and responsibilities of each party. After entering into the contract, the center shall report the coordination to its direct management agency and provincial-level Education and Training Department.

2. A center shall carry out international cooperation activities to develop its training programs and teaching staff in order to follow the integration trend and raise training quality. International cooperation activities must be suitable to its conditions and capacity and comply with current regulations.

Chapter IV

TEACHERS AND LEARNERS OF FOREIGN LANGUAGE AND COMPUTER TRAINING CENTERS

Article 18. Position and criteria of teachers

1. Teachers of foreign language and computer training centers are those performing the teaching and practice-guiding tasks, including full-time teachers, contract teachers, Vietnamese teachers, teachers being native speakers (for foreign languages), and foreigners.

2. A Vietnamese teacher is qualified to teach computer skills if satisfying one of the following criteria:

a/ Possessing a collegial degree in computer teaching or higher degree;

b/ Possessing a collegial degree in computer skills or higher degree and a teaching skills certificate.

3. A Vietnamese teacher is qualified to teach foreign language if satisfying one of the following criteria:

a/ Possessing a collegial degree in foreign language teaching or higher degree;

b/ Possessing a collegial degree in foreign language or higher degree and a teaching skills certificate.

4. A foreign teacher who teaches computer skills must possess a collegial degree in computer skills or higher degree and a valid computer training certificate.

5. A teacher being a native speaker (for a specific foreign language) must possess a collegial degree or higher degree and a valid foreign language teaching skills certificate).

6. A foreign teacher is qualified to teach foreign language if satisfying one of the following criteria:

a/ Possessing a collegial degree in foreign language teaching or higher degree;

b/ Possessing a collegial degree in foreign language or higher degree and a valid foreign language teaching skills certificate;

c/ Possessing a collegial degree or higher degree,  a certificate of foreign language proficiency of level 5 or higher level within the six-level foreign-language competency framework for Vietnamese or an equivalent certificate and a valid foreign language teaching skills certificate.

Article 19.Tasks and rights of teachers

1. To teach according to the educational objectives, contents and programs, and teaching plans; to teach all of their classes on time; to manage learners in activities organized by their centers, to participate in professional activities of their centers.

2. To abide by center directors’ decisions; to submit to examination by their center directors and educational administrations at all level under regulations; to comply with regulations of their centers and this Regulation.

3. To implement the Ministry of Education and Training’s regulations on ethics of teachers.

4. To be enrolled in professional training and refresher courses for raising of their qualifications; to enjoy physical and spiritual benefits and healthcare according to regulations and policies applicable to teachers; to positively and actively seek to raise their professional qualifications and skills.

5. To enjoy favorable conditions provided by their centers for performing their tasks and participating in the management of their centers; and attend meetings for emulation, commendation, discipline and resolution of problems related to learners of their classes.

Article 20.Tasks and rights of learners

1. Learners of foreign language and computer training centers are those learning at such centers.

2. A learner has the following tasks:

a/ To fully satisfy requirements on learning and practice set by the center, show respect to his/her teachers and managers, officers and employees of the center;

b/ To fully comply with the regulation of the center and this Regulation, and preserve and protect assets of the center;

c/ To have behaviors and languages suitable to the community’s ethics and culture, wear neat and polite clothes that suit his/her age and are convenient for the learning and activities at the center.

3. A learner has the following rights:

a/ To be respected and equally treated by the center; to be provided with sufficient information on his/her learning;

b/ To choose the learning program, form and location suitable to him/her within the center’s conditions and capacity; to be allowed to change the learning program, form and location;

c/ To protect his/her legitimate rights or have such rights protected by a lawful representative, and give opinions on teaching contents and methods as well as other activities of the center;

d/ To take exams or evaluation tests in order to get a certificate of the national education system or a written certification of completion of the training program organized by the center.

Chapter V

FINANCE AND ASSETS

Article 21.Assets and asset management and use

1. Assets of a foreign language and computer training center include land, construction works, equipment and assets assigned by the State to the center for management and use (for a public center) or contributed by individuals or collectives upon the establishment of the center (for a private or foreign-invested center) or gifted or donated assets; and assets formed through the operations of the center. The center shall manage and use such assets in accordance with law.

2. All members of a foreign language and computer training center shall preserve and protect assets of the center. Annually, the center shall take inventory of its assets, re-evaluate and report on its assets in accordance with law.

Article 22.Funding sources and financial management and use

1. Funding sources:

a/ The state budget allocations or contributed capital of organizations and individuals;

b/ Loans as prescribed by law;

c/ Investments, gifts, donations and non-refundable aid as prescribed by law;

d/ Tuition fees collected from learners in accordance with law;

dd/ Other legal revenues (if any).

2. Foreign language and computer training centers shall manage and use their funds, and adequately observe the financial, accounting, auditing, tax, statistical, periodical reporting and financial disclosure regimes prescribed by law.

3. Private and foreign-invested foreign language and computer training centers enjoying the financial autonomy and self-balanced revenues and expenditures in their financial activities shall adhere to the principle of willingness and compliance with current regulations.

Chapter VI

INSPECTION, EXAMINATION, COMMENDATION AND HANDLING OF VIOLATIONS

Article 23.Inspection and examination

1. Foreign language and computer training centers shall establish and develop the system of their internal quality assurance conditions and annually organize self-examination and self-assessment of their organization and operation in accordance with law.

2. Foreign language and computer training centers submit to inspection and examination by competent state agencies of their committed education conditions and quality. Results of inspection and examination of their organization and operation shall be publicly notified to their learners and the society for knowledge and supervision.

Article 24.Commendation

1. A foreign language and computer training center and its attached units that properly comply with this Regulation and record contributions to the development and quality improvement of foreign language and computer training activities may be commended in accordance with law.

2. Teachers and employees of a foreign language and computer training center who record achievements may be commended and conferred with emulation titles and other titles in accordance with law.

3. Learners of a foreign language and computer training center who record achievements in their learning and practicing activities at the center may be commended by the center and management authorities in accordance with law

Article 25.Handling of violations

Teachers, employees and learners of foreign language and computer training centers that violate this Regulation shall, depending the nature and severity of their violations, be disciplined, administratively sanctioned or examined for criminal liability in accordance with law. If causing any damage, they shall pay compensation in accordance with law.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 26.Responsibilities of provincial-level People’s Committees

1. To direct provincial-level Education and Training Departments to assume the prime responsibility for, and coordinate with related departments and divisions in, guiding, inspecting and examining the organization and operation of foreign language and computer training centers in their localities.

2. To direct district-level People’s Committees to coordinate with provincial-level Education and Training Departments in guiding, inspecting and examining the organization and operation of foreign language and computer training centers in their localities.

Article 27.Responsibilities of provincial-level Education and Training Departments

1. To manage and direct the operation of foreign language and computer training centers in their localities.

2. To assume the prime responsibility for, and coordinate with related departments and divisions in, inspecting and examining the operation of foreign language and computer centers in their localities for prompt correction of wrongdoings or handling of violations (if any).

3. To publicize the list of foreign language and computer training centers in their localities and their quality commitments, quality assurance conditions, establishment time, locations licensed for operation on their portals so that learners and the society may participate in the supervision of such centers.

4. To review and evaluate the operation of foreign language and computer training centers in their localities on a biannual and annual basis and then report it to the provincial-level People’s Committees and the Ministry of Education and Training.

5. To direct education and training divisions to manage and examine the organization and operation of foreign language and computer training centers in their localities.

Article 28.Responsibilities of teacher-training higher education institutions and colleges that establish foreign language and computer training centers

1. To manage the organization and operation of foreign language and computer training centers they have established.

2. To coordinate with provincial-level Education and Training Departments and related units in inspecting and examining the operation of foreign language and computer training centers they have established for prompt correction of wrongdoings and handling of violations (if any).

3. To publicize the list of foreign language and computer training centers they have established and their quality commitments, quality assurance conditions, establishment time, locations licensed for operation on their portals so that learners and the society may participate in the supervision of such centers.

4. To review and evaluate the operation of foreign language and computer training centers they have established on a biannual and annual basis and report it to the provincial-level Education and Training Departments.

Article 29.Responsibilities of organizations and individuals establishing foreign language and computer training centers

1. To seriously comply with the regulations on the organization and operation of foreign language and computer training centers, and submit to the management by educational administrations.

2. To take responsibility for the organization and operation of foreign language and computer training centers they have established; to resolve issues related to staffs, learners, assets, finance and physical foundations of their centers under their management.

Article 30.Responsibilities of foreign language and computer training centers

1. To seriously comply with this Regulation and relevant regulations.

2. To publicize and take accountability for their educational quality commitments and actual educational quality, educational quality assurance conditions, and their revenues and expenditures in accordance with law.

3. To archive dossiers in accordance with law.

4. To organize preliminary and final reviews on a biannual and annual basis and report their operation results to the agencies directly managing their operation.

For the Minister of Education and Training
Deputy Minister
NGUYEN HUU DO