Decree 86/2022/ND-CP 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; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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 (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of 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 (below referred to as Decree No. 101/2020/ND-CP);

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 governmental agency, performing the function of state management of early childhood education, general education, pedagogy secondary education, pedagogy collegial education, higher education and continuing education regarding education objectives, programs, contents and methods; regulations on examination, enrollment and training, and diplomas and certificates; development of the pool of teachers and education administrators; textbooks, coursebooks and teaching materials; physical foundations and equipment of schools; education quality assurance and accreditation; state management of Vietnamese language and ethnic minority languages; and state management of public 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 Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and has the following specific tasks and powers:

1. Regarding legal affairs

a/ To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee, and draft decrees of the Government under its annual lawmaking programs and plans, and resolutions, projects and schemes as assigned by the Government or Prime Minister;

b/ To submit to the Government for opinion draft laws and draft ordinances submitted by agencies, organizations or National Assembly deputies to the National Assembly or National Assembly Standing Committee which are related to the sectors and fields under its state management;

c/ To submit to the Government for decision measures to organize the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President as assigned by the Government or Prime Minister;

d/ To submit to the Prime Minister drafts of decisions, directives and other documents as assigned;

dd/ To promulgate circulars and other documents on state management of sectors and fields under its state management; to guide and examine the implementation of such documents;

e/ To promulgate joint circulars with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy in order to provide the coordination between the Ministry of Education and Training and the Supreme People’s Court and Supreme People’s Procuracy in carrying out the order and procedures for proceedings related to the scope of its state management;

g/ To direct and organize law popularization, dissemination and education activities under its state management;

h/ To examine legal documents promulgated by ministries and provincial-level People’s Councils and People’s Committees which are related to sectors and fields under its state management; if detecting that such documents contravene legal documents in the sectors and fields under its management, to propose handling such documents in accordance with law.

2. Regarding strategies, master plans and plans

a/ To submit to the Government or Prime Minister long-term, medium-term and annual development strategies, master plans and plans, national target programs, national programs, national action programs, and important national works under its state management; to announce, and organize and direct the implementation of, strategies, master plans and plans (except contents classified as state secrets) after they are approved; and mechanisms and policies for mobilization of social resources to develop education and training, build a learning society and carry out streaming in education;

b/ To submit to the Prime Minister for approval the Master Plan on the network of higher education and pedagogy education institutions; and the Master Plan on the system of special education institutions for people with disabilities and the system of integration education development support centers.

3. Regarding education objectives, programs and contents

a/ To guide, and organize the implementation of, education objectives in conformity with different education levels and training levels of the national education system under its state management;

b/ To promulgate early childhood education curricula; to provide criteria for and processes of compilation and editing of early childhood education curricula;

c/ To promulgate general education curricula; to provide criteria for and processes of compilation and editing of general education curricula; to stipulate the volume of upper secondary education knowledge for pupils possessing lower-secondary school graduate diplomas to follow immediate-level programs in vocational education institutions;

d/ To provide continuing education curricula;

dd/ To provide the formulation, appraisal and promulgation of curricula for university- and collegial-level pedagogical education; to promulgate the list of disciplines of higher education;

e/ To promulgate further training curricula on pre-university education.

4. Regarding the state management of Vietnamese language and ethnic minority languages

a/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating and submitting to the Government for promulgation regulations on policies for development and conservation of Vietnamese language and ethnic minority languages;

b/ To guide the learning of Vietnamese language for foreign citizens and overseas Vietnamese citizens.

5. Regarding textbooks, coursebooks and teaching materials

a/ To specify criteria for, and selection of, toys and learning resources for use in early childhood education institutions;

b/ To specify criteria for, and process of, compilation and editing of textbooks for general education; to provide the selection of textbooks in general education institutions;

c/ To promulgate regulations on textbooks, coursebooks and learning materials for continuing education;

d/ To provide the compilation, selection, appraisal, approval and use of teaching materials and coursebooks for university- and collegial-level pedagogical education.

6. Regarding examination, testing, enrollment, training and issuance of diplomas and certificates

a/ To submit to the Government for promulgation the system of higher education diplomas and provide regulations on diploma equivalence of a number of specialties under its state management; 

b/ To promulgate regulations on examination, testing, enrollment, training and joint training, and management of diplomas and certificates in the national education system under its state management;

c/ To provide the recognition of diplomas issued by foreign education institutions and permitted for use in Vietnam.

7. Regarding teachers and education administrators

a/ To specify professional title criteria for and working regime applicable to teachers and education administrators; and the framework list of working positions and quotas of employees in education institutions;

b/ To set standards for heads and deputy heads of early childhood education institutions, general education institutions, continuing education institutions and pedagogical colleges;

c/ To promulgate professional standards of teachers; to formulate further training programs based on professional title criteria of lecturers, teachers and employees of the education sector;

d/ To promulgate the code of conduct applicable to teachers and education institutions;

dd/ To propose the Prime Minister to provide criteria for, and procedures for appointment and relief from duty of, professors and associate professors;

e/ To promulgate according to its competence or submit to competent authorities for promulgation policies applicable to teachers; to manage and guide the implementation of policies on training, further training and preferential treatment of teachers and education administrators under its state management.

8. Regarding the management of learners

a/ To propose the Government to provide policies toward learners under its state management; to coordinate with the Ministry of Finance in formulating and submitting to competent authorities for promulgation incentive credit policies for pupils and students;

b/ To provide teaching and education activities inside and outside schools; to provide the evaluation of learning and training results; to commend and discipline learners.

9. Regarding the management of physical foundations and equipment of schools

a/ To formulate and promulgate according to its competence or propose competent agencies to promulgate standards and norms for use of physical foundations, libraries and equipment of schools in accordance with law;

b/ To set standards and norms for use of special-use machinery and equipment and standards and norms for use of land areas exclusively used for non-business works under its state management.

10. Regarding the management of finance, assets and public investment

a/ To make its annual budget estimates and 3-year finance-state budget plans; to provide detailed annual budget allocations; to exercise the rights and perform the responsibilities of the owner’s representative with regard to public assets under its management in accordance with law and the Government’s regulations on power delegation; to coordinate with the Ministry of Finance in formulating regimes, criteria and norms for state budget expenditures in the field of education and training; to coordinate with the Ministry of Finance and related ministries and sectors in summing up state budget estimates, formulating annual plans on allocation of central budget funds, 5-year financial plans, 3-year finance-state budget plans, and annual account-finalization of state budget funds in the field of education and training; to examine and monitor the implementation of state budget fund plans in the field of education and training;

b/ To promulgate, and guide the implementation of, standards, norms and regimes on use of public assets under its management or assigned to its subordinate units for management in accordance with the law on management and use of public assets; to guide the process of, and formulate, appraise and promulgate, econo-technical norms in the field of education and training as assigned to it for management; to guide methods of setting education and training service charge rates; to make public and report on the management and use of public assets under its management in accordance with law;

c/ To formulate its medium-term and annual public investment plans, and decide on investment policy for, and decide on investment in, projects under its management in accordance with the law on public investment; to manage, and organize the implementation of, public investment projects under its management in accordance with law; to monitor, examine, evaluate and supervise the implementation of plans, programs and projects under its management, and perform other tasks and exercise other powers as assigned by the Government and Prime Minister or under regulations; to report on the disbursement and account-finalization of funds for tasks and projects using public investment funds under regulations;

d/ To propose lists of and investment policy for, and approve decisions on investment in, programs and projects to be funded with official development assistance (ODA) or concessional loans of donors, and non-refundable aid sources other than ODA sources provided by foreign agencies, organizations and citizens to Vietnam in accordance with law; to manage the monitoring and supervision of implementation thereof; to act as the managing body of programs and projects funded with ODA, concessional loans of donors, and non-refundable aid sources other than ODA provided by foreign agencies, organizations and citizens to Vietnam under its management in accordance with law;

dd/ To appraise contents of prefeasibility study reports and feasibility study reports of programs, projects and schemes in the fields and sectors under its management;

e/ To exercise the rights and perform the responsibilities and obligations of the state owner toward state enterprises and state capital amounts invested in other enterprises in accordance with law.

11. Regarding education quality assurance

a/ To promulgate standards on higher education institutions and standards of training programs for different levels of higher education;

b/ To provide conditions, order and procedures for establishment of, and suspend operation of, training disciplines at different levels of higher education and collegial-level pedagogical education;

c/ To provide the determination of enrollment quotas for collegial-level pedagogical education and for bachelor’s, master’s and doctoral degrees;

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

12. Regarding education quality accreditation

a/ To set standards for education quality evaluation; process and cycle of education quality accreditation at all educational levels and training levels under its state management; and operation principles, conditions and standards for organizations and individuals engaged in education quality accreditation; to license education quality accreditation activities; to grant and revoke education quality accreditation certificates;

b/ To propose the Government to provide conditions and procedures for establishment, licensing of operation, suspension and dissolution of education quality accreditation institutions; to provide conditions and procedures for foreign education quality accreditation institutions to be recognized for operating in Vietnam;

c/ To decide on establishment, or permit establishment and operation, suspend operation of, or dissolve, education quality accreditation institutions; to issue or revoke decisions on recognition of foreign education quality accreditation institutions operating in Vietnam; to provide the supervision and evaluation of education quality accreditation institutions;

d/ To manage the accreditation of training programs and accreditation of education institutions; to guide organizations, individuals and education institutions in evaluating and accrediting education quality; to examine and evaluate the implementation of regulations on education quality accreditation.

13. Regarding the management of education and training institutions

a/ To promulgate charters and organization and operation regulations of early childhood schools, primary schools, lower secondary schools, upper secondary schools, multi-level general education schools, continuing education institutions, special schools, pedagogical colleges and other education institutions under its state management; 

b/ To propose the Government to provide conditions, procedures and competence for establishing, or permitting establishment and educational operations, suspending educational operations, merger, division, splitting and dissolution of education institutions and branches of higher education institutions; to name and rename higher education institutions; to transform universities into general universities and establish schools of higher education institutions; to merge universities into general universities; to transform private higher-education institutions into private higher-education institutions operating not for profit purposes;

c/ To decide to permit or suspend educational operations of higher education institutions, branches of higher education institutions, institutes established under the Prime Minister’s decisions in accordance with the Law on Science and Technology, and other education institutions in accordance with law.

14. Regarding international cooperation

a/ To submit to the Government for decision guidelines and measures to consolidate and expand relations with foreign countries and international organizations; the signing, ratification and approval of, or accession to, and measures to secure the implementation of, education-related treaties in the name of the State or in the name of the Government which fall under its state management;

b/ To organize the negotiation and signing of treaties as authorized by competent state agencies and organize the implementation of international cooperation plans and treaties to which Vietnam is a contracting party which fall under its state management of education;

c/ To join international organizations as assigned by the Government; to conclude, and organize the implementation of, international agreements in its name in accordance with law;

d/ To submit to the Government for promulgation regulations on foreign cooperation and investment in the field of education;

dd/ To manage, and guide education institutions under its state management in carrying out international cooperation in teaching, training, building of physical and technical foundations, scientific research, and technology transfer concerning education;

e/ To promulgate, or submit to competent authorities for promulgation, regulations on management of operation of education institutions involving foreign elements in Vietnam;

g/ To promulgate regulations on management of, and guide education institutions under its state management of education in, the receipt for training and management of foreigners learning in Vietnam;

h/ To perform the state management of Vietnamese citizens going abroad for learning, teaching, scientific research or academic exchange under its state management of education.

15. Regarding scientific and technological activities and environmental protection

a/ To promulgate or submit to competent authorities for promulgation regulations on scientific and technological activities and education about environmental protection in education institutions;

b/ To organize the performance of science, technology and innovation tasks and education about environmental protection; to manage and efficiently use scientific and technological resources in the field of education and training in accordance with law.

16. Regarding emulation and commendation in the education sector

a/ To provide the emulation and commendation work in the education sector; to provide the emulation and commendation work to be performed by education institutions under its state management;

b/ To propose the Government to provide the conferment of the titles of People’s Teacher and Meritorious Teacher;

c/ To organize emulation movements and carry out the emulation and commendation work in the education sector.

17. Regarding public services

a/ To manage service prices in the field of education and training in accordance with law;

b/ To formulate and promulgate econo-technical norms and cost norms (if any) for use as a basis for promulgation of unit prices and prices of state budget-funded public services within the scope and fields under its management in accordance with the law on price and other relevant laws, which shall be used for task assignment, order placement or bidding for provision of public services in accordance
with law;

c/ To guide the implementation of policies and laws and support organizations in carrying out public service non-business activities in the fields under its state management.

18. Regarding the compilation of statistics and building of data of the education sector

a/ To organize and direct the implementation of education-related statistical work; to collect, summarize, analyze, manage, store and publicize education-related statistical information; to formulate and promulgate statistical indicators and statistical reporting regime of the education sector;

b/ To build the education sector’s database; to carry out data connection and sharing in accordance with law.

19. Regarding information technology application and digital transformation in the education sector

a/ To formulate and submit to competent authorities for promulgation, or promulgate, regulations, mechanisms and policies on information technology application and digital transformation in the field of education and training;

b/ To guide, organize, monitor, supervise and evaluate information technology application and digital transformation in the field of education and training.

20. Regarding examination and inspection

a/ To examine and inspect the implementation of policies and laws on sectors and fields under its state management of education;

b/ To examine and inspect ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels in implementing laws in the sectors and fields under its state management of education;

c/ To settle education-related complaints, denunciations, petitions and reports of related organizations and individuals under its state management; to organize the reception of citizens in accordance with law;

d/ To manage the handling of education-related administrative violations in accordance with law.

21. 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.

22. To perform the state management of associations and non-governmental organizations in the sectors and fields under its management in accordance with law.

23. To manage its organizational apparatus; working positions, payrolls of civil servants and structure of civil servant ranks; working positions, number of employees and structure of public employees based on professional title; and number of workers working under labor contracts; to decide or delegate powers to decide on recruitment, employment and management of its cadres, civil servants, public employees and workers in accordance with law and the Party’s regulations; to decide on arrangement of payrolls of civil servants to work as full-time officers in charge of Party’s affairs and mass organizations; to provide professional training, further training and coaching and implement other regimes and policies toward cadres, civil servants and public employees under its state management in accordance with law; to take specific measures to enhance administrative discipline and order for its cadres, civil servants, public employees and workers; to practice thrift, prevent waste and combat corruption, negative practices, bureaucracy, harassment and authoritarianism in organizations and units under its management.

24. To perform other tasks and exercise other powers assigned by the Government or Prime Minister or under regulations.

Article 3. Organizational structure

1. The Early Childhood Education Department.

2. The Primary Education Department.

3. The Secondary Education Department.

4. The Higher Education Department.

5. The Physical Education Department.

6. The Ethnic Education Department.

7. The Continuing Education Department.

8. The National Defense Education Department.

9. The Student Affairs Department.

10. The Personnel and Organization Department.

11. The Planning and Finance Department.

12. The Physical Foundations Department.

13. The Science, Technology and Environment Department.

14. The Legal Affairs Department.

15. The Office.

16. The Inspectorate.

17. The Quality Control Department.

18. The Teachers and Educational Managers Department.

19. The Information Technology Department.

20. The International Cooperation Department. 

21. The Vietnam National Institute of Educational Sciences.

22. The Education Times Newspaper.

23. The Journal of Education.

The units referred to in Clauses 1 thru 20 of this Article are organizations under the Ministry assisting the Minister in performing the state management function; and the units referred to in Clauses 21 thru 23 of this Article 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 other public non-business units under the Ministry.

The Minister of Education and Training shall promulgate decisions defining the functions, tasks, powers and organizational structures of the units under or attached to the Ministry in accordance with law, except units falling within the Prime Minister’s competence.

Article 4. Transitional provisions

The Physical Foundations Department shall continue to implement current regulations on its functions, tasks, powers and organizational structure until the Minister of Education and Training promulgates a decision defining its functions, tasks and powers.

Article 5. Effect

1. This Decree takes effect on November 1, 2022.

2. This Decree replaces 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.

Article 6. 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
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH