Circular 38/2019/TT-BLDTBXH violence prevention in vocational education institutions

CIRCULAR

Guiding the building of a safe, healthy and friendly educational environment, and violence prevention and control in vocational education institutions^[1]

Pursuant to the November 27, 2014 Law on Vocational Education;

Pursuant to the Government’s Decree No. 14/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 80/2017/ND-CP of July 17, 2017, on a safe, healthy and friendly educational environment, and school violence prevention and control;

Pursuant to the Government’s Decree No. 15/2019/ND-CP of February 1, 2019, detailing a number of articles of, and measures to implement, the Law on Vocational Education;

At the proposal of the Director General of the Directorate of Vocational Education and Training,

The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding the building of a safe, healthy and friendly educational environment, and violence prevention and control in vocational education institutions.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular guides the building of a safe, healthy and friendly educational environment, and violence prevention and control in colleges, intermediate schools, and public, private, and foreign-invested vocational education centers (below collectively referred to as vocational education institutions).

Article 2.Subjects of application

1. This Circular applies to vocational education institutions and related organizations and individuals.

2. This Circular does not apply to teacher-training colleges and intermediate schools.

Chapter II

BUILDING OF A SAFE, HEALTHY AND FRIENDLY EDUCATIONAL ENVIRONMENT

Article 3.Guidance for building of a safe, healthy and friendly educational environment in vocational education institutions

1. To ensure security and order; food safety and hygiene; and prevention and control of accidents and injuries, fires and explosion, and catastrophes and natural disasters in vocational education institutions, it is required to:

a/ Ensure security and order, and proper performance of home affairs in vocational education institutions.

b/ Make plans on prevention and control of fires and explosion, response to unexpected weather phenomena and natural disasters (rains, storms, floods, etc.), and prevention and control of epidemics under regulations.

c/ Ensure food and drinking water safety and hygiene; refrain from letting food poisoning or insecurity occur in vocational education institutions.

d/ Ensure safety for pupils and students during their study and physical training, sports, culture and art performance activities; refrain from letting sexual harassment and abuse occur for students and pupils.

dd/ Practice coordination between vocational education institutions and local authorities in ensuring security and safety for pupils, students and vocational education institutions.

2. To formulate and strictly implement codes of conduct in vocational education institutions

a/ Based on the general code of conduct prescribed in Article 4 of this Circular, vocational education institutions shall formulate their codes of conduct suitable to their practical conditions.

b/ The code of conduct of a vocational education institution must undergo consultation with administrators, teachers, employees, pupils and students before being issued.

c/ The head of a vocational education institution shall disseminate the code of conduct of his/her institution to all administrators, teachers, employees, pupils and students for implementation.

d/ Vocational education institutions’ codes of conduct shall be posted up on their information boards, notice boards, and websites.

dd/ Vocational education institutions shall regularly examine the implementation of their codes of conduct, and periodically collect opinions of administrators, teachers, employees, pupils and students about the implementation of such codes.

3. To establish information channels in vocational education institutions.

a/ To establish, and bring into play the effectiveness of, websites of vocational education institutions, and intensify the exchange of information about behavioral culture between administrators, teachers, employees, pupils and students of vocational education institutions and related individuals.

b/ To establish mailboxes for receiving comments, and announce hotlines for receiving information on a safe, healthy and friendly educational environment, and violence prevention and control in vocational education institutions.

c/ To quickly and effectively process the received information. To ensure confidentiality of personal information of information providers in accordance with law.

d/ To organize meetings and information exchanges with pupils’ and students’ families.

4. To organize experiential and extracurricular activities for pupils and students

a/ Vocational education institutions shall organize experiential and extracurricular activities, life skills education activities, charity activities, pro-community activities, cultural activities, and art performance and sports activities for pupils and students under current regulations, which are suitable to their capacity and demands of the pupils and students.

b/ The activities prescribed at Point a of this Clause shall be included in plans according to school terms or school years of vocational education institutions before being organized.

c/ The activities prescribed at Point a of this Clause must comply with law, and suit the age and physiological characteristics of pupils and students, and must not go against fine customs and traditions of the nation and regions.

d/ To encourage pupils and students to participate in experiential and extracurricular activities, life skills education activities, charity activities, pro-community activities, cultural activities, art performance and sports activities, and other activities related to the building of a safe, healthy and friendly educational environment, and school violence prevention and control.

5. To provide school healthcare services and support for pupils and students

a/ To organize health management, protection and care activities for administrators, teachers, employees, pupils and students under regulations.

b/ To implement hygiene measures and regimes for prevention and control of epidemics when so requested by health agencies or superior management agencies.

c/ To organize communications and healthcare education activities for pupils and students.

d/ To ensure conditions for the provision of first aid, emergency and prompt support for victims of accidents and injuries occurring in vocational education institutions.

6. To intensify information exchange, and close coordination with functional agencies, local authorities, and local organizations and associations to ensure:

a/ Security, order and safety of vocational education institutions.

b/ Life and physical safety, as well as dignity, honor and privacy of administrators, teachers, employees, pupils and students.

c/ Safety in educational activities, and socio-cultural exchange activities.

Article 4.General code of conduct in vocational education institutions

1. General code of conduct

a/ To strictly comply with the regulations on rights and obligations of citizens, cadres, public employees, teachers, employees, pupils and students in vocational education institutions.

b/ To build a healthy and positive lifestyle, to care for and help others during daily-life as well as learning activities in vocational education institutions.

c/ To protect and preserve landscapes in vocational education institutions; to build a safe, friendly, green, clean and nice educational environment.

d/ Cadres, teachers, and employees are required to wear clothes that are suitable to the educational environment. Pupils and students must wear clean and neat clothes in compliance with regulations of vocational education institutions. Parents of pupils and students and guests visiting vocational education institutions must wear appropriate and polite clothes.

dd/ Not to smoke or use alcohol or other prohibited stimulants in vocational education institutions in accordance with law, as well as internal rules and regulations of vocational education institutions.

e/ To refrain from distributing, disseminating, and giving comments on information or images which are contrary to the Party’s guidelines, the State’s policies and laws, and the fine customs and traditions of the nation, or cause adverse impacts on the educational environment in any forms.

g/ To refrain from committing fraud, and deceiving, slandering, inciting hatred against, harassing, compelling, threatening, or using violence to, others.

h/ To refrain from harming the health, honor, and dignity of pupils and students themselves as well as of their colleagues (schoolmates) and others. To refrain from harming the prestige of collectives.

2. Behaviors of administrators

a/ Behaviors to other administrators: To use a proper language, and respect working positions and responsibilities of one another; to be cooperative, friendly, and jointly responsible. To refrain from offending others, causing disunity or shirking responsibility.

b/ Behaviors to teachers and employees: To communicate properly and seriously with, and encourage and accompany teachers and employees in their work, and act as an example for them. To pay attention to protecting the prestige, honor, and dignity of individuals, and bring into play the capacity of teachers and employees. To refrain from being imperious or causing difficulties for, offending, having preconception about, being partial toward, seeking personal gain, shirking responsibility, concealing violations, or blaming, teachers and employees.

c/ Behaviors to pupils and students: To use a proper, easy-to-understand and respectful language. To treat pupils and students fairly, equally, generously, responsibly, amiably, and compassionately, respecting differences. To listen to, and timely encourage pupils and students. To refrain from offending, compelling, bullying, or using violence to, pupils and students.

d/ Behaviors to guests on working visits: To communicate with these persons respectfully, politely and properly. To listen to and be willing to assist and cooperate with these persons. To refrain from defending, or causing difficulties or troubles to, these persons.

3. Behaviors of teachers and employees

a/ Behaviors to administrators: To communicate respectfully, politely and properly with administrators. To show a respectful attitude toward and be willing to listen to administrators, and abide by their direction and administration under regulations. To refrain from offending administrators, causing disunity among, or shirking or concealing violations of, administrators.

b/ Behaviors to colleagues: To use a proper, cooperative, friendly and respectful language. To refrain from offending colleagues or causing disunity among them, or shirking responsibility.

c/ Behaviors to pupils and students: To use a proper and respectful language and exemplary gestures. To make commendation or criticism appropriate to targeted persons and circumstances. To treat pupils and students fairly, equally, generously, responsibly, amiably, and compassionately, respecting differences. To listen to, and timely encourage pupils and students. To refrain from showing behaviors or using words that offend or hurt pupils and students or inflict violence to or abuse them, or from showing bully or preconception to them, or concealing their violations.

d/ Behaviors to guests on working visits: To use a proper, respectful, polite, and friendly language, and be willing to provide these persons with instructions and support. To refrain from showing an attitude that offends or causes difficulties or troubles to these persons.

4. Behaviors of pupils and students

a/ Behaviors to administrators, teachers and employees: To be respectful, courteous, honest and helpful. To abide by law and internal rules and regulations of vocational education institutions. To refrain from fabricating information, offending others’ mind, honor, or dignity, or using violence to others.

b/ Behaviors to other pupils and students: To use a proper language, be friendly, honest, cooperative, and supportive, and respect differences. To refrain from being foul-mouthed, contemning and offending others, using violence, or causing disunity; to refrain from fabricating information or dividing factions. To refrain from dispersing information aiming to defame, or affect the honor or dignity of other pupils and students.

c/ Behaviors to guests on working visits: To be respectful and courteous.

Chapter III

SCHOOL VIOLENCE PREVENTION AND CONTROL

Article 5.Instructions on dissemination of information about a safe, healthy, and friendly educational environment, and school violence prevention and control

1. Dissemination contents

a/ The Party’s guidelines and policies, and the State’s policies and laws, and national traditions and pride. Contents on education of political thoughts, sense of law obedience, and a compassionate, generous, grateful and responsible lifestyle to pupils and students themselves and their families, and the community, society and country. Good examples in building a safe and healthy educational environment, and practicing school violence prevention and control.

b/ Information reflecting pupils’ and students’ thoughts, aspirations, sentiment, and responsibilities about a safe, healthy and friendly educational environment, and school violence prevention and control, or people’s behaviors in social relations.

c/ Knowledge and skills about the danger and consequences of school violence; responsibilities for detecting, notifying and denouncing acts of school violence; measures and skills for preventing school violence; skills for interventions in case of school violence as suitable to the capacity of pupils and students; individual skills for prevention and control of abuse, and skills of self-protection in the social and cyber environment.

d/ Information criticizing inclined, negative, imitating, and indulging manifestations, violence acts, and gender inequality in vocational education institutions.

dd/ Contents aiming to raise the awareness of administrators, teachers, employees, pupils and students about sea and island sovereignty and territorial integrity; prevention and combat of “peaceful evolution” and rejections to false allegations of hostile forces and political opportunists; to refrain from letting these persons be incited or induced to participate in activities that cause political instability and affect social safety.

2. Forms of information dissemination

a/ To disseminate information in the mass media, information systems of vocational education institutions, and social networks.

b/ To disseminate information through curricular classes, conferences, seminars, training courses, and extracurricular activities.

c/ To disseminate information through special talks and discussions on cultural and social affairs.

d/ To disseminate information in cultural, art performance, and sports contests, or contests in related fields.

Article 6.Integration of political thoughts, ethics and lifestyle education

1. Vocational education institutions shall integrate contents on building a safe, healthy and friendly educational environment and school violence prevention and control in political thoughts, ethics and lifestyle education activities in political training courses at the beginning of school terms or school years, at the end of school years, or in other extracurricular activities.

2. Vocational education institutions shall integrate and incorporate contents on assurance of a safe, healthy, and friendly educational environment, and school violence prevention and control in primary, intermediate and collegial teaching programs with appropriate durations.

Article 7.Prevention of school violence

1. To educate, and provide pupils and students with knowledge and skills on prevention and control of pupil and student abuse and school violence in the cyber environment for pupils, students, administrators, teachers and employees of vocational education institutions and pupils’ and students’ families; to educate and provide counseling about knowledge and skills of self-protection for pupils and students.

2. To regularly monitor, compile statistics of and analyze pupil and student groups prone to school violence; to formulate a mechanism on coordination with functional agencies in, and a process for, handling school violence situations.

3. To establish communication channels between vocational education institutions and families of pupils and students, and related organizations and individuals to promptly prevent and deal with school violence situations.

Article 8.Provision of support in case of school violence risks

1. To promptly detect pupils and students who are potential victims of school violence via management and monitoring measures and information channels.

2. To evaluate levels of risk and forms of school violence that may occur to devise specific prevention and support measures for pupils and students.

3. To organize meetings with pupils and students to listen to and warn them of, potential risks of school violence. To provide counseling on necessary measures for pupils and students to prevent and avoid school violence.

4. To closely coordinate with families of pupils and students and related organizations and agencies in providing support for pupils and students who are potential victims of school violence.

Article 9.Handling measures upon the occurrence of school violence

1. To take isolation measures for, and promptly control those which cause school violence to prevent them from further causing unexpected consequences.

2. To communicate with, and promptly report to competent authorities for handling cases of school violence under regulations. If a case falls beyond the capacity of a vocational education institution, such institution shall promptly report it to the local authority or functional agency for coordination in handling the case in accordance with law.

3. To preliminarily evaluate the injury level of victims. To immediately provide support and healthcare for the victims. To monitor, evaluate, and take practical support measures to protect the safety of, the victims after the school violence.

4. To promptly notify victims’ families for coordination.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 10.Responsibilities of the Directorate of Vocational Education and Training

1. To direct and guide the building of a safe, healthy and friendly educational environment, and school violence prevention and control in vocational education institutions.

2. To inspect, examine and urge the implementation of this Circular.

Article 11.Responsibilities of provincial-level Departments of Labor, Invalids and Social Affairs

1. To advise provincial-level People’s Committees on directing, guiding, urging and examining the implementation of regulations on a safe, healthy and friendly educational environment, and school violence prevention and control in vocational education institutions in localities.

2. To examine the implementation of this Circular in vocational education institutions in localities; to sum up, and include contents on the implementation of this Circular in their annual review reports; to make unscheduled reports when so requested by superior management agencies.

Article 12.Responsibilities of vocational education institutions

1. To build a safe, healthy and friendly educational environment, and prevent and control violence in their institutions under this Circular in a practical and effective manner.

2. To disseminate information about a safe, healthy and friendly educational environment, and school violence prevention and control in their institutions.

3. To formulate and implement their codes of conduct as guided in Clause 2, Article 3, and Article 4, of this Circular.

4. To integrate educational contents on building a safe, healthy and friendly educational environment, and practicing school violence prevention and control in their general activities under Article 6 of this Circular.

5. To include contents on the implementation of this Circular in their annual review reports for submission to superior management agencies; to make unscheduled reports when so requested by competent agencies.

6. Leaders of vocational education institutions shall be responsible before superior management agencies and before law for their irresponsibility letting school violence or social vices occur in their institutions.

7. To perform other tasks as requested.

Article 13.Responsibilities of pupils and students in vocational education institutions

1. To be positive, self-aware and responsible in learning and improving their qualifications and awareness about building and protecting a safe, healthy and friendly educational environment, and practicing school violence prevention and control, proactively participate in prevention of violence, and provide support upon the occurrence of violence in their institutions.

2. To take the initiative in detecting, and promptly report to administrators, teachers, and employees of vocational education institutions on, cases and acts of abuse, violence, or violations in their institutions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14.Effect

1. This Circular takes effect on February 15, 2020.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Labor, Invalids and Social Affairs for guidance and settlement.-

For the Minister of Labor, Invalids and Social Affairs
Deputy Minister
LE QUAN