Decree No. 69/2017/ND-CP dated May 25, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Education and Training,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training.

Article 1.Position and functions

The Ministry of Education and Training is a government agency, performing the function of state management of preschool education, general education, pedagogical secondary schools, pedagogical colleges, higher education and other educational institutions in terms of objectives, programs and contents of education; regulations on examination and enrollment, and diplomas and certificates; building of the contingent of teachers and education administrators; physical foundations and equipment of schools; education quality assurance and accreditation; and state management of public non-business services under its state management.

Article 2.Tasks and powers

The Ministry of Education and Training shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and has the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, and draft decrees of the Government under the Ministry’s approved annual law-making programs, and resolutions, projects and schemes as assigned by the Government or Prime Minister; mechanisms and policies for mobilization of social resources for education and training development, building of a learning society and streaming of education.

2. To submit to the Government or Prime Minister development strategies and master plans and long-term, medium-term and annual plans; and important national projects and works under its state management.

3. To submit to the Prime Minister draft decisions, directives, national target programs, national programs, national action programs and other documents in the sectors and fields under the Ministry’s state management or as assigned by the Government or Prime Minister.

4. To promulgate circulars and other documents in the fields under its state management.

5. To direct, guide and organize the implementation of legal documents, strategies, master plans, plans, national target programs, national programs, national action programs, important national projects and works after they are promulgated or approved; to inform, disseminate and educate about the education and training law.

6. Regarding objectives, programs and contents of education:

a/ To determine objectives of education and training suitable to educational levels and training degrees of the national education system under its state management;

b/ To promulgate curricula for preschool education, general education and continuing education;

c/ To issue, update and guide the list of education and training at pedagogical secondary school, pedagogical college, bachelor, master and doctoral levels; and the regulation on training and joint training;

d/ To stipulate the minimum knowledge and capacity requirements that learners must acquire and meet after completing a pedagogical secondary school, pedagogical college, bachelor, master or doctoral training program; the processes of developing, appraising and issuing pedagogical secondary school, pedagogical college, bachelor, master and doctoral training programs; and compulsory study subjects in the training programs at all levels of foreign-invested higher education institutions.

7. Regarding textbooks, coursebooks and teaching materials:

a/ To stipulate the compilation, appraisal and approval of materials permitted for use; to guide the selection of materials in preschool education institutions;

b/ To set standards of, and specify processes of developing and modifying, textbooks; to define the tasks, powers, operation method, criteria, number and composition of members of the National Council for Appraisal of Textbooks; to set criteria for assessment and approval of textbooks permitted for use on the basis of appraisal results of the National Council for Appraisal of Textbooks; to guide the selection of textbooks used in general education institutions;

c/ To stipulate the compilation, selection, appraisal, approval and use of teaching materials and coursebooks in pedagogical secondary school, pedagogical college, bachelor, master and doctoral training programs; to organize the compilation of coursebooks for the subjects of political theory and defense-security for teaching and learning in pedagogical secondary school, pedagogical college, bachelor, master and doctoral training programs;

d/ To direct the compilation of materials for illiteracy eradication, and follow-up education after illiteracy eradication and of other materials for continuing education.

8. Regarding regulations on examination and enrollment and diplomas and certificates:

a/ To assume the prime responsibility for elaborating and submitting to competent agencies for signing agreements on diploma equivalence and mutual recognition with foreign countries and international organizations;

b/ To promulgate regulations on examination and enrollment; to stipulate the examination and evaluation of learners;

c/ To issue forms of diplomas and certificates; to regulate the printing, and management of issuance, revocation and invalidation, of diplomas and certificates;

d/ To stipulate the recognition of diplomas granted to Vietnamese by foreign education institutions; to stipulate diplomas of recognition of practice and application skills of university graduates in some special fields of intensive training;

dd/ To define the diploma-granting responsibility and competence of Vietnamese joint training programs with foreign  higher education institutions; to define responsibilities of foreign-invested higher education institutions for granting university diplomas in Vietnam.

9. Regarding the development of the contingent of teachers and education administrators:

a/ To stipulate the work regime of teachers and education administrators; a list of working positions and number of employees in education and training institutions;

b/ To set criteria for heads and deputy heads of preschool education institutions, general education institutions, continuing education institutions, pedagogical secondary schools and pedagogical colleges; to develop and submit to the Prime Minister for promulgation criteria for heads and deputy heads of higher education institutions; to guide criteria for directors and deputy directors of provincial-level Education and Training Departments and for heads and deputy heads of district-level Education and Training Divisions; to develop professional standards for teachers;

c/ To elaborate and submit to the Prime Minister for promulgation criteria and procedures for appointing and dismissing professors and associate professors;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, promulgating regulations on examination for, or consideration of, promotion of professional titles of public employees under its state management;

dd/ To manage and guide the implementation of policies on training, retraining and preferential treatment of teachers and education administrators; to monitor and supervise the recruitment and employment of teachers and education administrators by ministries, sectors and localities.

10. Regarding management of physical foundations and equipment of schools:

a/ To elaborate and announce according to its competence or submit to competent agencies for announcement standards and norms on physical foundations and equipment of schools and school sanitation;

b/ To manage physical foundations and equipment of schools used in education and training under its state management.

11. Regarding management of finance, assets and public investment:

a/ To make its annual budget estimates and 3-year finance-budget plans; to manage assets of agencies and units attached to it in accordance with law;

b/ To formulate and submit to competent authorities for promulgation regimes and norms of budget expenditures for education and training; mechanisms for collection and use of prices of services in the field of education and training for all types of schools under its state management;

c/ To monitor and inspect the implementation of budgets in the field of education and training by ministries, sectors and localities;

d/ To promulgate, and guide the implementation of, economic-technical standards, regulations and norms in the field of education and training;

dd/ To make its public investment plans, decide on investment policy on and investment in programs and projects under its management in accordance with the Law on Public Investment; to manage and implement education and training investment projects in accordance with law; to monitor, assess and supervise the implementation of plans, programs and projects under its management and perform other tasks and exercise other powers in public investment as assigned by the Government or Prime Minister or prescribed by law;

e/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, formulating scholarship policies and submitting them to competent authorities for promulgation. To coordinate with the Ministry of Finance in formulating preferential credit policies for students, families eligible for preferential policies and other policies toward learners and submitting them to competent authorities for promulgation.

12. Regarding education quality assurance:

a/ To promulgate national standards on education and training institutions under its state management according to the framework national education system and the framework of the national degrees of Vietnam; to guide the classification and ranking of research-oriented higher education institutions and application-oriented higher education institutions; and conditions for assurance of minimum quality for the implementation of training programs;

b/ To formulate and submit to the Government for stipulation conditions, competence and procedures for the grant and revocation of education operation registration certificates or certificates of additional registration of education operation for pedagogical secondary schools and pedagogical colleges;conditions and procedures for licensing and suspending training operations of universities and academies and foreign-invested higher education institutions;

c/ To license and suspend training operations of universities, academies and scientific research institutes licensed to provide doctoral training, and of foreign-invested higher education institutions. To stipulate specific conditions, the order and procedures for opening or closing bachelor training disciplines and master and doctoral training disciplines or specializations; to decide on the opening or closing of bachelor training disciplines and master and doctoral training disciplines or specializations;

d/ To stipulate the determination of enrollment quotas at pedagogical secondary school, pedagogical college, bachelor, master and doctoral training levels;

dd/ To direct and guide the education quality assurance of education and training institutions under its state management.

13. Regarding education quality accreditation:

a/ To set standards for assessment of educational quality; process and cycle of education quality accreditation at all educational and training levels under its state management;

b/ To formulate and submit to the Government for stipulation conditions for establishment and dissolution of education quality accreditation institutions and their tasks and powers;

c/ To regulate the grant and revocation of education quality accreditation certificates;

d/ To direct and guide the quality accreditation of education and training institutions and education and training programs under its state management.

14. Regarding management of education and training institutions:

a/ To promulgate charters and regulations of preschools, primary schools, lower secondary schools, upper secondary schools, multilevel general schools, continuing education institutions, special schools, pedagogical secondary schools, pedagogical colleges and other education institutions under its state management;

b/ To formulate and submit to the Prime Minister for approval the master plan on the network of higher education institutions and the network of teacher training institutions;

c/ To formulate and submit to the Government for stipulation conditions and procedures for the establishment, merger, division and dissolution of education and training institutions under its state management; to define functions, tasks and powers of national universities. To formulate and submit to the Prime Minister for promulgation the regulation on organization and operation of national universities and their member higher education institutions.

15. To decide on and direct the implementation of its administrative reform program according to the objectives and contents of the state administrative reform program approved by the Government or Prime Minister.

16. Regarding international cooperation:

a/ To manage and guide training and education institutions under its state management in implementing international cooperation in teaching, training, building of physical and technical foundations, scientific research and technology transfer; to promulgate or submit to competent authorities for promulgation regulations on management of operation of foreign education institutions in Vietnam;

b/ To promulgate regulations on management of foreign learners at education institutions in Vietnam. To guide the teaching and learning of Vietnamese for foreigners and overseas Vietnamese.

17. Regarding scientific and technological activities and environmental protection:

a/ To elaborate and submit to competent authorities for promulgation policies on science and technology development and environmental protection education in education and training institutions;

b/ To approve, and organize the implementation of, schemes and projects on science and technology development and environmental protection education in education and training institutions attached to the Ministry.

18. Regarding public non-business services:

a/ To set criteria and standards for the quality of public non-business services; to formulate mechanisms for monitoring and assessing operation of public non-business units in the field of education and training;

b/ To guide the implementation of policies and laws and support organizations in providing public non-business services in the fields under its state management.

19. Regarding statistical work and building of the sector’s data:

a/ To organize and direct statistical work; to collect, summarize, analyze, manage and store statistical information; to develop and promulgate statistical indicators and statistical reporting regime of the education and training sector;

b/ To build the education and training sector’s database.

20. Regarding information technology:

a/ To formulate and submit to competent authorities for promulgation policies on information technology application in the field of education and training;

b/ To approve, and organize the implementation of, schemes and projects on boosting information technology application in education and training institutions.

21. To manage its apparatus and payroll, cadres, civil servants and public employees and workers; to implement the salary policies and other regimes and policies toward cadres, civil servants and public employees under its state management in accordance with law.

22. To conduct inspections and examinations; to settle complaints and denunciations; to prevent and combat corruption; to practice thrift and combat wastefulness, and handle violations in accordance with law.

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

Article 3.Organizational structure

1. The Preschool Education Department.

2. The Primary Education Department.

3. The Secondary Education Department.

4. The Tertiary Education Department.

5. The Ethnic Minority Education Department.

6. The Continuing Education Department.

7. The Defense and Security Education Department.

8. The Political Education and Pupil and Student Affairs Department.

9. The Physical Education Department.

10. The Organization and Personnel Department.

11. The Planning and Finance Department.

12. The Science, Technology and Environment Department.

13. The Legal Affairs Department.

14. The Emulation and Commendation Department.

15. The Office.

16. The Inspectorate.

17. The Quality Management Department.

18. The Agency of Teachers and Education Administrators.

19. The Information Technology Department.

20. The International Cooperation Department.

21. The Agency of Physical Foundations.

22. The Vietnam Institute of Educational Sciences.

23. The National Academy of Education Administration.

24. The Ho Chi Minh City Education Administrator School.

25. The Education and Time newspaper.

26. The Education journal.

The units referred to in Clauses 1 thru 21 of this Article shall assist the Minister in performing the state management function; and the units referred to in Clauses 22 thru 26 are public non-business units serving the Ministry’s state management function.

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

The Minister of Education and Training shall promulgate decisions defining the functions, tasks, powers and organizational structures of departments, agencies, the Inspectorate, the Office, public non-business units and other units attached to the Ministry in accordance with law.

The Office may have 6 divisions.

The Inspectorate, the Quality Management Department and the International Cooperation Department may have 4 divisions.

The Information Technology Department, the Agency of Teachers and Education Administrators and the Agency of Physical Foundations may have 3 divisions.

Article 4.Effect

1. This Decree takes effect on the date of its signing.

2. This Decree replaces the Government’s Decree No. 32/2008/ND-CP of March19, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training.

Article 5.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC