Education Law, Law No. 43/2019/QH14

EDUCATION LAW^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Education Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the national education system; education institutions, teachers and learners; state management of education; and rights and responsibilities of agencies, organizations and individuals engaged in educational operations.

Article 2. Goals of education

The goals of education are to develop the Vietnamese in a comprehensive manner into cultured persons who have good moral qualities, knowledge, good health, aesthetic sense, and occupational skills; civic virtues, competencies and consciousness; and patriotism, sense of national spirit and loyalty to the ideology of national independence and socialism; to promote potential and creativity of each individual; and to raise people’s intellectual standards, develop human resources, nurture talents and meet requirements of the cause of national construction and defense and international integration.

Article 3. Nature and principles of education

1. The Vietnamese education is a socialist education which is popular, national, scientific and modern in character and has Marxism-Leninism and Ho Chi Minh Thought as its foundation.

2. Educational operations are conducted on the principles of pairing study with practice, linking theories to realities, and combining school-based education with family- and society-based education.

Article 4. Education development

1. Education development is the foremost national policy.

2. To develop education in association with socio-economic development demands, scientific and technological advances, and national defense and security consolidation; to conduct standardization, modernization, and socialization; to ensure the balance of the structure of occupations, qualifications and human resources as well as regional appropriateness; to expand the scale of education on the basis of quality assurance and effectiveness; and to combine training with employment.   

3. To develop an open education system and build a learning society with a view to creating opportunities for all people to access education and learn at different levels, in different forms and throughout their life time.

Article 5. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Formal education means course-based education which is delivered at education institutions to implement a certain educational program, is established based on objectives of each education or training level, and under which diplomas of the national education system are issued.

2. Continuing education means education which aims to implement a certain educational program and is organized in a flexible manner in terms of program implementation mode, time, method and place to meet learners’ demand for lifelong learning.

3. Education quality accreditation means activities of evaluating and recognizing education institutions or training programs as reaching education quality standards promulgated by competent agencies or organizations.

4. Academic year-based regime means the form of organizing education and training by academic year.

5. Credit means a unit which is used to measure the volume of knowledge, skills and learning outcomes accumulated in a certain period of time.

6. Module means a learning unit in which knowledge, skills and attitudes are completely integrated to enable leaners to acquire competencies to wholly perform a task or a group of tasks of an occupation.  

7. Outcome standards means requirements on learners’ qualifications and competence which must be reached after completing an educational program.

8. Universalization of education means the process of organizing educational operations for all citizens in the prescribed age group to learn and attain a certain qualification prescribed by law.

9. Compulsory education means education which is required for all citizens in the prescribed age group so that they will attain the minimum qualification prescribed by law and for which the State will guarantee conditions for implementation.

10. Volume of upper secondary education knowledge means basic and core knowledge and skills of the upper secondary education program which learners must accumulate so as to be able to continue learning at higher levels of vocational education.

11. Investor means an organization or individual that conducts investment in the field of education with non-state budget funds. Investors include domestic investors and foreign investors.

12. Education institution means an organization which carries out educational operations under the national education system. Education institutions include schools and other education institutions.

Article 6. National education system

1. The national education system is an open and permeable education system, consisting of formal education and continuing education.

2. Education and training levels of the national education system include:

a/ Early childhood education, including nursery education and pre-primary education;

b/ General education, including primary education, lower secondary education, and upper secondary education;

c/ Vocational education, which provides training at elementary, intermediate and college levels and other vocational training programs;

d/ Higher education, which provides training at bachelor’s, master’s and doctor’s levels.

3. The Prime Minister shall decide to approve the Framework Structure of the National Education System and the Vietnamese Qualifications Framework; prescribe the minimum training time and standards for each training level and the minimum learning volume for each level of vocational education and higher education.

4. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, prescribe the admission thresholds for college and bachelor’s levels of teacher training disciplines and health disciplines.

Article 7. Requirements on educational contents and approaches 

1. Educational contents must be basic, comprehensive, practical, modern, and systematic and be regularly updated; attach importance to ideological education, moral education and civic consciousness education; inherit and promote the nation’s fine traditions and cultural identity; absorb cultural quintessence of the mankind; and conform to learners’ physical and intellectual development, age-related psychophysiological characteristics, and capabilities.

2. Educational approaches must be scientific and able to promote learners’ activeness, self-motivation, proactivity and creative thinking; foster learners’ self-study ability, collaborative competency, practice capability, eagerness to learn and will to progress.      

Article 8. Educational programs

1. Educational programs reflect the goals of education; and set knowledge and skill standards and requirements on learners’ qualifications and competencies; the scope and structure of educational contents; approaches to and forms of organizing educational operations; and methods of evaluation of educational results for each study subject at each grade and education level or for each study subject, module and discipline of each training level.

2. Educational programs must be scientific and practical; ensure inheritability and permeability among education and training levels; facilitate the streaming and transfer among different levels and disciplines of training and different forms of education under the national education system so as to help localities and education institutions take the initiative in adopting appropriate educational plans; meet gender equality objectives and international integration requirements. Educational programs are grounds for assurance of quality of comprehensive education.

3. Knowledge and skill standards and requirements on learners’ qualifications and competencies prescribed in educational programs shall be concretized into textbooks, for general education, or course books and teaching materials, for vocational education and higher education. Textbooks, course books and teaching materials must meet requirements on educational approaches.

4. Educational programs shall be implemented by academic year, for early childhood education and general education; by academic year-based regime or in the form of module or credit accumulation or by the combination of credit accumulation and academic year-based regime, for vocational education and higher education.

Learning outcomes of study subjects of or credits or modules accumulated by a learner when following an educational program shall be recognized and considered for transfer into equivalent study subjects or credits or modules of other educational programs in case the learner changes his/her training discipline or form of study or moves to a higher level of education or training.

5. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, prescribe the implementation of educational programs and recognition of transferability of learning outcomes among different levels of higher education and vocational education prescribed in this Article.

Article 9. Career orientation and streaming in education

1. Career orientation in education means a system of measures taken inside and outside education institutions to help students acquire occupational knowledge and be able to select occupations on the basis of combining their personal desires and strengths with labor demand in the society.

2. Streaming in education means the measure of organizing educational operations on the basis of career orientation in education in order to create conditions for students, upon graduation from lower secondary or upper secondary education, to move to higher levels  of education or training or follow vocational education or join the workforce in conformity with their personal competencies and circumstances as well as social demands, contributing to regulating the occupational structure of the workforce to meet the country’s development requirements.

3. The Government shall stipulate in detail career orientation and streaming in education in each period to satisfy socio-economic development demands.

Article 10. Permeability in education

1. Permeability in education means the use of the acquired learning outcomes to further study at other levels of education or training of the same training disciplines or to move to other training disciplines, forms of education, or training levels in conformity with equivalent requirements and contents, ensuring permeability among different education and training levels of general education, vocational education and higher education.

2. Permeability in education must meet quality assurance conditions. Educational programs shall be designed in the direction of inheritability and integration of knowledge and skills based on the outcome standards of each training level in the Vietnamese Qualifications Framework. Leaners are not required to re-study the knowledge and skills they have accumulated under previous educational programs. 

3. The Government shall provide in detail the permeability among education and training levels of the national education system.

Article 11. Languages and writing systems used in education institutions

1. Vietnamese is the official language used in education institutions. Based on the goals of education and specific requirements on educational contents, the Government shall stipulate the teaching and learning via foreign languages in education institutions.

2. The State shall encourage and create conditions for ethnic minority people to learn the languages and writing systems of their ethnicities according to the Government’s regulations; and for people with hearing and speech disabilities to study by sign languages and people with vision disabilities to study by the Braille writing system in accordance with the Law on People with Disabilities.

3. Foreign languages defined in educational programs are the languages used commonly in international communication. The teaching of foreign languages in education institutions shall be organized in a way that enables learners to study continually and effectively.

Article 12. Diplomas and certificates

1. Diplomas of the national education system shall be awarded to learners upon graduation from an education level or completion of an educational program and reaching the outcome standards of the corresponding level prescribed by this Law.

2. Diplomas of the national education system include lower secondary education diploma, upper secondary education diploma, secondary education diploma, college diploma, bachelor’s diploma, master’s diploma, doctor’s diploma, and diplomas of equivalent levels.

3. Certificates of the national education system shall be awarded to learners to acknowledge their learning outcomes upon completion of training or further training courses on academic or professional knowledge or awarded to learners who take certification exams according to regulations.

4. Diplomas and certificates issued by education institutions providing training in different types and forms in the national education system have the same legal value.

5. The Government shall promulgate the system of higher education diplomas and prescribe diplomas of equivalent levels for a number of special intensive disciplines.

Article 13. Citizens’ right and obligation to learn

1. Learning is the right and obligation of every citizen. All citizens, regardless of their ethnicity, religion, belief, gender, personal characteristics, family background, social status and economic circumstances, are equal in learning opportunities.

2. The State shall realize social justice in education, develop a safe education environment, ensure inclusive education and create conditions for learners to promote their potential and aptitudes.

3. The State shall give priority to, and create conditions for, learners being children in special circumstances defined in the Law on Children, learners being people with disabilities defined in the Law on People with Disabilities, and learners from poor households and households living just above the poverty line to exercise the right and perform the obligation to learn.

Article 14. Universalization of education and compulsory education

1. Primary education is compulsory education.

The State shall conduct the universalization of early childhood education for 5-year-old children and universalization of lower secondary education.

2. The State shall conduct compulsory education nationwide; and decide on plans on and ensure conditions for universalization of education.

3. All citizens in the prescribed age groups have the obligation to learn in order to obtain the purpose of universalization of education and completion of compulsory education.

4. Families and guardians have the responsibility to create conditions for family members in the prescribed age groups to learn in order to obtain the purpose of universalization of education and completion of compulsory education.

Article 15. Inclusive education

1. Inclusive education is an educational approach which aims to meet different demands and capabilities of learners; ensure the right to equality in learning, educational quality and conformity with leaners’ demands, characteristics and capabilities; respect the diversity and difference of leaners and refrain from practicing discrimination.

2. The State shall adopt policies to support inclusive education for learners being children in special circumstances in accordance with the Law on Children, people with disabilities in accordance with the Law on People with Disabilities and other relevant laws.  

Article 16. Socialization of education

1. To develop education and build a learning society constitute the cause of the State and the entire people.

2. The State shall play the leading role in education development. To diversity types of education institutions and forms of education; encourage, mobilize and create conditions for organizations and individuals to take part in education development; and encourage the development of people-founded and private education institutions to meet social demands for high-quality education.

3. Organizations, families and individuals have the responsibilities to care for the cause of education, coordinate with education institutions in realizing the goals of education and building a sound and safe education environment.

4. Organizations and individuals that record achievements in education will be rewarded in accordance with law.

 Article 17. Investment in education

1. Investment in education is investment for development. Investment in the field of education is an investment activity in conditional business investment sectors and trades and entitled to investment incentives and supports in accordance with law.

2. The State shall prioritize and attract other funding sources for investment in education; give priority to investment in universalization of education, development of education in mountainous areas, offshore islands, areas inhabited by ethnic minority people, areas with extremely difficult socio-economic conditions, and areas where exist industrial parks.

The State shall encourage Vietnamese organizations and individuals, overseas Vietnamese, and foreign organizations and individuals to invest in education and protects their lawful rights and interests.

3. The state budget shall play the key role in the total resources for investment in education.

Article 18. Role and responsibilities of education administrators

1. Education administrators play an important role in organizing, managing and administering educational operations.

2. Education administrators shall study and improve themselves in terms of moral qualities, professional qualifications and managerial capability and comply with standards and regulations in accordance with law.

3. The State shall adopt plans to build and improve the quality of the contingent of education administrators.

Article 19. Science and technology activities 

1. Science and technology activities constitute a task of education institutions.

2. Education institutions shall themselves organize, or coordinate with science and technology organizations and production-business-service establishments in organizing training, scientific research and technology transfer to serve socio-economic development.

3. The State shall create conditions for education institutions to carry out science and technology activities, and combine training with scientific research and production so as to improve education quality; and build education institutions into cultural, scientific and technological centers of localities or the whole country.

4. The State shall adopt priority policies for development of science and technology activities in education institutions. Guidelines and policies on education shall be formulated on the basis of scientific research outcomes in conformity with realities in Vietnam and international trends.

Article 20. Non-preaching of religions in education institutions

Not to preach religions and conduct religious rituals in education institutions of the national education system, of state agencies, political organizations, socio-political organizations and the people’s armed forces.

Article 21. Prohibition of the abuse of educational operations

1. It is prohibited to abuse educational operations to distort the State’s lines, policies or laws; to oppose the State of the Socialist Republic of Vietnam, disrupt the national unity bloc, provoke violence, propagate aggressive war, undermine fine traditions and customs, disseminate superstitious beliefs and bad customs, or attract learners into social evils.

2. It is prohibited to abuse educational operations for self-seeking purposes.

Article 22. Prohibited acts in education institutions

1. Offending the dignity and honor or harming the body of teachers, cadres and employees of education institutions and of learners.

2. Distorting educational contents.

3. Committing frauds in learning, exams or student enrolment.

4. Smoking; drinking liquors or beers; disturbing public security and order.

5. Forcing students to attend tutorial classes to collect money.

6. Abusing the provision of sponsorship and donations for education to force others to make contributions in cash or in kind.

Chapter II

THE NATIONAL EDUCATION SYSTEM

Section 1

EDUCATION AND TRAINING LEVELS

Sub-section 1

EARLY CHILDHOOD EDUCATION

Article 23. Position, role and objectives of early childhood education

1. Early childhood education is the first education level in the national education system which lays the foundation for the comprehensive development of Vietnamese people and nurtures, cares and educates children aged from 3 months to 6 years.

2. Early childhood education aims to help children develop comprehensively in terms of physical strength, emotion, intelligence and aesthetics; shape the initial elements of personality of children; and prepare them for the first grade.

Article 24. Requirements on early childhood education contents and approaches

1. Early childhood education contents must ensure suitability with psychophysiological development of children; the harmony between protection-nurture-care and education; comprehensive development of children in terms of physical strength, emotion, social skills, intelligence and aesthetics; respect for the difference; suitability with children of different ages; and permeability with primary education.

2. Early childhood education approaches are prescribed as follows:

a/ Nursery education must create favorable conditions for children to move and play, create strong attachment between children and adults; and stimulate children’s senses, emotion and psychophysiological functions;

b/ Pre-primary education must create conditions for children to play, experience, learn about and discover the surrounding environment in various forms, meeting their demands and bringing them excitements.

Article 25. Early childhood education program

1. The early childhood education program must:

a/ Reflect the objectives of early childhood education;

b/ Prescribe requirements applicable to children of each age group; educational operations, methods and forms of organizing educational operations, education environment, and evaluation of the development of children;

c/ Be applied uniformly nationwide and implemented in a flexible manner in conformity with specific conditions of localities and early childhood education institutions.

2. The Minister of Education and Training shall form a National Council for Early Childhood Education Program Appraisal to appraise the early childhood education program. The Council shall be composed of teachers, education administrators, and scientists who possess experiences and prestige in the field of education, and representatives of related agencies and organizations. The Council must have at least one-third of its members being teachers currently teaching at the level of early childhood education. The Council and council members shall take responsibility for the appraisal contents and quality. 

3. The Minister of Education and Training shall promulgate the early childhood education program after it is appraised by the National Council for Early Childhood Education Program Appraisal; prescribe the standards on and process of compiling and revising the early childhood education program; prescribe the standards on and selection of toys and learning materials permitted for use in early childhood education institutions; prescribe tasks, powers, mode of operation, and criteria for, and number and composition of, members of the National Council for Early Childhood Education Program Appraisal.

Article 26. Early childhood education institutions

Early childhood education institutions include:

1. Nurseries and childcare groups for children of between 3 months and 3 years old;

2. Pre-primary schools and classes for children of between 3 years and 6 years old;

3. Early childhood schools and classes, which are education institutions providing both nursery and pre-primary education for children of between 3 months and 6 years old.

Article 27. Policies to develop early childhood education

1. The State shall adopt policies on investment in development of early childhood education; prioritize development of early childhood education in mountainous areas, offshore islands, areas inhabited by ethnic minority people, areas with extremely difficult socio-economic conditions, and areas where exist industrial parks.

2. The State shall adopt policies to encourage organizations and individuals to invest in development of early childhood education to meet social demands.

3. The Government shall detail this Article.

Sub-section 2

GENERAL EDUCATION

Article 28. Levels and age groups of general education

1. The levels and age groups of general education are prescribed as follows:

a/ Primary education lasts for 5 academic years, from the first to the fifth grade. The age of entrance to the first grade is 6 years;

b/ Lower secondary education lasts for 4 academic years, from the sixth to the ninth grade. Students entering the sixth grade must complete the primary education program. The age of entrance to the sixth grade is 11 years;

c/ Upper secondary education lasts for 3 academic years, from the tenth to the twelfth grade. Students entering the tenth grade must have a lower secondary diploma. The age of entrance to the tenth grade is 15 years.

2. Cases in which students are eligible for grade skipping or admission to a grade at an age higher than the age prescribed in Clause 1 of this Article include:

a/ Grade skipping, for students with early intellectual development;

b/ Admission to a grade at an age higher than the age prescribed for such grade, for students repeating grades, students in areas with extreme socio-economic difficulties, ethnic minority students, students with disabilities, physically or intellectually retarded students, helpless orphans, students from poor households, and students returning from overseas; and other cases in accordance with law.

3. General education is divided into stages of basic education and career-oriented education. The stage of basic education consists of primary education and lower secondary education levels; the stage of career-oriented education coincides with upper secondary education. Students in vocational education institutions will be provided with the academic knowledge of upper secondary education. 

4. The Minister of Education and Training shall prescribe the teaching and learning of Vietnamese for ethnic minority children before entering the first grade; the teaching of upper secondary education knowledge in vocational education institutions; and the cases prescribed in Clause 2 of this Article.  

Article 29. Goals of general education

1. General education aims to develop students comprehensively in terms of morality, intelligence, physical strength, aesthetics, and basic skills; develop personal capabilities, proactiveness and creativity; form the socialist Vietnamese personality and sense of civic responsibility; and prepare leaners for following the higher education or vocational education program or joining the workforce and the cause of national construction and defense.

2. Primary education aims to form initial foundations for the development of students in terms of morality, intelligence, physical strength, aesthetics, and competency; and prepare them for the lower secondary education.

3. Lower secondary education aims to consolidate and develop the outcomes of primary education; ensure that students acquire general foundation knowledge and minimum necessary technical and career orientation understanding to continue with the upper secondary education or follow the vocational education program.

4. Upper secondary education aims to provide students with civic knowledge; help students consolidate and develop the outcomes of lower secondary education, complete general education knowledge and acquire common technical and career orientation understanding, as well as promote their personal competencies in order to choose the direction for development, continuing with the higher education or following the vocational education program or joining the workforce and the cause of national construction and defense.

Article 30. Requirements on general education contents and approaches

1. General education contents must be universal, fundamental, comprehensive, career-oriented and systematic; be linked to realities of life, suitable to age-related psychophysiological characteristics of students, and meet the goals of each education level.

2. Requirements on contents of each level of general education are prescribed as follows:

a/ Primary education must provide students with a foundation for them to comprehensively develop in terms of physical strength, emotion and social skills; acquire simple and necessary knowledge about the nature, society and human being; be aware of social ethics; have basic literacy and numeracy skills; form physical training and hygiene habits; and possess initial understanding of singing, dance, music and fine-arts.

b/ Lower secondary education must consolidate and develop the knowledge learned at primary education, ensure that students have basic general knowledge about Vietnamese language, mathematics, and national history, other knowledge about social sciences, natural sciences, law, informatics, and foreign languages; and acquire minimum necessary technical and career orientation understanding;

c/ Upper secondary education must consolidate and develop the knowledge learned at lower secondary education and complete general education; provide students with basic and comprehensive general knowledge according to standards, career orientation understanding, and intensive knowledge in some study subjects so as to develop their competencies and meet their desires.

3. General education approaches must promote students’ activeness, consciousness, proactiveness and creativity in conformity with the characteristics of each study subject, grade and student group; improve their self-study methods, eagerness to learn, collaborative skills and independent thinking; comprehensively develop learners’ qualifications and competencies; and enhance the application of information technology and communications in the process of education.

Article 31. General education program

1. The general education program must:

a/ Reflect the goals of general education;

b/ Prescribe requirements on qualifications and competencies to be acquired by students upon completion of each education level and contents of compulsory education applicable to all students nationwide;

c/ Provide the approaches to and forms of organizing educational operations and evaluating educational results for each study subject of each grade and each level of general education;

d/ Be applied uniformly nationwide and implemented in a flexible manner suitable to practical conditions of each locality and general education institution;

dd/ Be widely circulated among organizations and individuals for their opinion and experimented before issuance and publicized after issuance.

2. The Minister of Education and Training shall form a National Council for General Education Program Appraisal to appraise the general education program. The Council shall be composed of teachers, education administrators, and scientists who possess experiences and prestige in the field of education, and representatives of related agencies and organizations. The Council must have at least one-third of its members being teachers currently teaching at the corresponding education level. The Council and council members shall take responsibility for the appraisal contents and quality.

3. The Minister of Education and Training shall be held responsible for the quality of the general education program; promulgate the general education program after it is appraised by the National Council for General Education Program Appraisal; prescribe the standards on and process of compiling and revising the general education program; prescribe objectives, subjects, scope and time of experimenting a number of new educational contents and approaches to be applied at general education institutions; and prescribe tasks, powers, mode of operation, and criteria for, and number and composition of, members of the National Council for General Education Program Appraisal.

Article 32. General education textbooks

1. General education textbooks are prescribed as follows:

a/ Textbooks are used to implement the general education program and must concretize requirements of the general education program regarding goals and contents of education and students’ qualifications and competencies; set orientations on teaching approaches and methods of examining and evaluating educational quality; the contents and forms of textbooks must not show preconceptions with regard to ethnicity, religion, occupation, gender, age and social status; textbooks may take the form of print, Braille and electronic textbook;

b/ There may be one or more than one textbook for each study subject; the compilation of textbooks will be socialized; the publishing of textbooks must comply with law;

c/ Provincial-level People’s Committees shall decide to choose textbooks for permanent use at general education institutions in their localities according to regulations of the Minister of Education and Training;

d/ Provincial-level People’s Committees shall organize the compilation of local education materials to meet the demands and suit characteristics of their localities. Such materials shall be appraised by provincial-level appraisal councils and approved by the Minister of Education and Training.

2. The Minister of Education and Training shall form a National Council for Appraisal of Textbooks for each study subject and educational operation at each education level to appraise textbooks. A council shall be composed of teachers, education administrators, and scientists who possess experiences and prestige in the field of education, and representatives of related agencies and organizations. A council must have at least one-third of its members being teachers currently teaching at the corresponding education level. The council and council members shall take responsibility for the appraisal contents and quality.

3. The Minister of Education and Training shall be held responsible for general education textbooks; approve textbooks for use in general education institutions after they are appraised by a National Council for Appraisal of Textbooks; prescribe the standards on and process of compiling and revising general education textbooks; prescribe the selection of textbooks for use in general education institutions; prescribe tasks, powers, mode of operation, criteria, and number and composition of members of a National Council for Appraisal of Textbooks and provincial-level appraisal councils.

4. Provincial-level People’s Committee chairpersons shall decide on the formation of provincial-level councils for appraisal of local education materials. 

Article 33. General education institutions

General education institutions include:

1. Primary schools;

2. Lower secondary schools;

3. Upper secondary schools;

4. Multi-level general education schools.

Article 34. Certification of completion of the primary education program and general education program and award of lower secondary and upper secondary diplomas

1. A student who has completed primary education and fully meets the conditions prescribed by the Minister of Education and Training will be certified by the principal of his/her school in his/her school record as having completed the primary education program.

2. A student who has completed lower secondary education and fully meets the conditions prescribed by the Minister of Education and Training will be awarded the lower secondary diploma by the head of the specialized agency in charge of education under the relevant district-level People’s Committee.

 3. A student who has completed upper secondary education and fully meets the conditions prescribed by the Minister of Education and Training may take a graduation exam and, if passing the exam, will be awarded the upper secondary diploma by the head of the specialized agency in charge of education of the relevant provincial-level People’s Committee.

A student who has completed upper secondary education and fully meets the conditions for taking a graduation exam prescribed by the Minister of Education and Training but fails to take the exam or fails the exam will be awarded a certificate of completion of the general education program by the principal of his/her school.

The certificates of completion of the general education program are valid for their holders to register to take exams for the upper secondary diploma if they so wish or to follow the vocational education program and shall be used in specific cases prescribed by law.

4. A student who possesses the upper secondary diploma and studies at the intermediate level in a vocational education institution will, after studying and passing the exams on upper secondary education knowledge according to regulations of the Minister of Education and Training, be awarded a certificate of acquirement of upper secondary education knowledge by the head of the education institution that provide teaching of upper secondary education knowledge.

The certificate of acquirement of upper secondary education knowledge are valid for their holders to continue with higher levels of vocational education and shall be used in specific cases prescribed by law.

Sub-section 3

VOCATIONAL EDUCATION

Article 35. Training levels of vocational education

Vocational education provides training at elementary, intermediate and college levels and training under other vocational training programs to learners, meeting the direct labor demand for production, business and service sectors.

Article 36. Goals of vocational education

Vocational education aims to train direct laborers for production, business and service sectors, who possess practice competencies equivalent to their training levels, good moral qualities and physical heath, sense of professional responsibility, creativity and adaptableness in the context of international integration; to help increase labor productivity and quality and enable learners, after completing a training course, to seek jobs, self-employ or continue with higher levels of education and training.       

Article 37. Organization and operations of vocational education

The organization and operations of vocational education must comply with this Law and the Law on Vocational Education.

Sub-section 4

HIGHER EDUCATION

Article 38.  Training levels of higher education

Higher education provides training at bachelor’s, master’s and doctor’s levels.

Article 39. Goals of higher education

1. To train highly qualified human resources, improve people’s intellectual standards and foster talents; to conduct scientific and technological research to create new knowledge and products to meet socio-economic development, national defense and security assurance, and international integration requirements.

2. To provide training to learners for them to comprehensively develop in terms of morality, intelligence, physical strength, and aesthetics; have knowledge, skills and sense of professional responsibility; be capable of grasping scientific and technological advances relevant to their training levels; have self-study capacity, creativity and adaptability in the workplace; and possess a startup spirit and good sense of serving the people.

Article 40. Organization and operations of higher education

The organization and operations of higher education must comply with this Law and the Law on Higher Education.

Section 2

CONTINUING EDUCATION

Article 41. Goals of continuing education

Continuing education aims to create conditions for all people to pursue in-service, continuous and lifelong learning with a view to promoting their personal competencies, improving their personality, broadening their understanding, and raising their educational and professional qualifications in order to seek jobs, self-employ and adapt themselves to social life, thus contributing to building a learning society.

Article 42. Tasks of continuing education

1. To eradicate illiteracy for people within the age groups prescribed by law.

2. To provide training and further training to help people improve their working competencies; update and enrich knowledge and necessary skills; to create opportunities for people with learning needs to raise their educational qualifications.

Article 43. Continuing education programs, forms, contents and approaches

1. Continuing education programs include:

a/ Illiteracy eradication programs;

b/ On-demand educational programs; educational programs to update knowledge, raise skills and transfer technologies;

c/ Training and further training programs to raise professional qualifications;

d/ Educational programs under programs to award diplomas of the national education system.

2. Forms of implementing continuing education programs include:

a/ In-service learning;

b/ Distance learning;

c/ Self-study, guided self-study;

d/ Other forms of learning according to learners’ needs.

3. Contents of the continuing education programs prescribed at Points a, b and c, Clause 1 of this Article must be practical and help learners raise their working and production capacity as well as the quality of their lives.

Contents of the continuing education programs prescribed at Point d, Clause 1 of this Article which aim to help learners reach a level of the framework structure of the national education system and Vietnamese Qualifications Framework must meet the requirements on contents of the education programs of the same education or training levels specified in Article 31 of this Law, the Law on Vocational Education and the Law on Higher Education.

4. Continuing education approaches must be able to promote learners’ activeness, attach importance to the development of their self-study ability; use modern facilities and technologies to raise teaching and learning quality and effectiveness.

5. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, stipulate in detail continuing education programs, textbooks, course books and materials.

Article 44. Continuing education institutions

1. Continuing education shall be provided at continuing education institutions, general education institutions, vocational education institutions, higher education institutions, and cultural institutions, at the workplace, residential communities or via the mass media and other means.

2. Continuing education institutions include:

a/ Continuing education centers;

b/ Vocational education-continuing education centers;

c/ Community-based learning centers;

d/ Other centers performing continuing education tasks.

3. The implementation of continuing education programs at continuing education institutions is prescribed as follows:

a/ Continuing education centers and vocational education-continuing education centers shall implement the programs prescribed in Clause 1, Article 43 of this Law, except educational programs to award intermediate, college or bachelor’s diploma;

b/ Community-based learning centers shall implement the programs prescribed at Points a and b, Clause 1, Article 43 of this Law;

c/ Other centers performing continuing education tasks shall implement the programs prescribed at Points b and c, Clause 1, Article 43 of this Law.

4. General education institutions, vocational education institutions and higher education institutions carrying out continuing education programs must fulfill their education and training tasks and may only implement the programs specified at Point d, Clause 1, Article 43 of this Law when permitted by competent state management agencies in charge of education.

5. In-service joint training at bachelor’s level must comply with the Law on Higher Education.

Article 45. Assessment and recognition of learning outcomes

1. A trainee who participates in the illiteracy eradication program and fully meets the conditions prescribed by the Minister of Education and Training shall be recognized as having completed the illiteracy eradication program.

2. A trainee who has completed the lower secondary education program prescribed at Point d, Clause 1, Article 43 of this Law and fully meets the conditions prescribed by the Minister of Education and Training, will be awarded the lower secondary education diploma by the head of the specialized agency in charge of education under the relevant district-level People’s Committee.

3. A trainee who has completed the upper secondary education program prescribed at Point d, Clause 1, Article 43 of this Law and fully meets the conditions prescribed by the Minister of Education and Training may take a graduation exam and if passing the exam, will be awarded the upper secondary education diploma by the head of the specialized agency in charge of education under the relevant provincial-level People’s Committee; if failing to take the exam or failing the exam, he/she will be granted a certificate of completion of the general education program by the head of the relevant continuing education center.

4. A trainee who has completed a training program and reaches the outcome standards of the training level prescribed in the Vietnamese Qualifications Framework will be awarded a diploma of the equivalent training level.

5. A trainee who attends further training courses organized in different forms may take exams and, if reaching the outcome standards of one of the programs prescribed at Point b or c, Clause 1 of Article 43 of this Law, will be awarded a certificate equivalent to the program he/she follows.

Article 46. Policies to develop continuing education

1. The State shall adopt policies to invest in development of continuing education, realize education for all, promote adult learning, and build a learning society; encourage organizations and individuals to involve in and provide high-quality continuing education services to meet learners’ lifelong learning needs.

2. Agencies and organizations shall create favorable conditions for their cadres, civil servants, public employees and employees to learn continuously and throughout their life to develop themselves and improve the quality of their lives.

3. Vocational education institutions and higher education institutions shall coordinate with continuing education institutions in providing the latter with learning resources in order to meet learners’ needs; education institutions providing teacher training shall conduct researches in educational sciences and provide training and further training to contingents of teachers of continuing education institutions.

Chapter III

SCHOOLS, SPECIALIZED SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS

Section 1

ORGANIZATION, OPERATIONS, TASKS AND POWERS OF SCHOOLS

Article 47. Types of schools in the national education system

1. Schools in the national education system shall be organized in the following types:

a/ Public school, in which the State invests funds, ensures operation conditions and acts as the owner’s representative;

b/ People-founded school, in which the grassroots residential community comprising  organizations and individuals in a village, commune, ward or township invests funds to build physical foundations and ensure operation conditions.

The type of people-founded school shall apply only to early childhood education institutions;

c/ Private school, in which one or more than one domestic or foreign investor invest(s) funds and ensure(s) operation conditions.

A not-for-profit private school is the one whose investor(s) has/have pledged that it will operate not for profit purposes and carried out such pledge and such pledge is stated in the decision on the establishment of the school or the decision on transformation of the school; the investor(s) operate(s) not for profit purposes and neither withdraw(s) funds nor receive(s) dividends; annually accumulated earnings will belong to indivisible common ownership by integration and be used for further investment in the development of the school.

2. The transformation of type of school in the national education system shall be carried out on the following principles:

a/ Only private schools may be transformed into not-for-profit private schools;

b/ The transformation must comply with the charters and organization and operation regulation of schools of each education or training level;

c/ The transformation must guarantee rights of teachers, lecturers, education administrators, employees and learners;

d/ The transformation must not lead to loss related to land, capital and assets.

3. The Government shall stipulate in detail the transformation of type of school prescribed in Clause 2 of this Article.

Article 48. Schools of state agencies, political organizations, socio-political organizations and people’s armed forces

1. Schools of state agencies, political organizations and socio-political organizations have the task of providing training and further training to cadres, civil servants and public employees. Schools of people’s armed forces have the task of providing training and further training to officers, non-commissioned officers, professional army personnel and defense workers; and providing further training in national defense and security tasks and knowledge to state officials holding leading and managerial positions.

Schools of state agencies, political organizations, socio-political organizations and people’s armed forces which are education institutions of the national education system organized and operating under the Law on Vocational Education or the Law on Higher Education and charters of schools of each education or training level if meeting socio-economic development requirements and permitted by competent state agencies to conduct educational operations and implement educational programs, may award diplomas and certificates of the national education system.

2. The Government shall detail this Article.

Article 49. Conditions for establishment of schools and licensing educational operations

1. A school may be established if its establishment plan is conformable with relevant socio-economic development master plans and the master plan on the network of education institutions in accordance with the Planning Law.

A school establishment plan must clearly identify educational objectives, tasks, programs and contents; land, physical foundations, facilities, location planned for school construction, organizational apparatus, resources and finances; and orientations and strategies for school construction and development.

2. A school may conduct educational operations when fully satisfying the following conditions:

a/ Having land, physical foundations and facilities meeting requirements of educational operations; having its building location capable of ensuring the educational environment and safety for learners, teachers and employees.

b/ Having educational programs and teaching and learning materials as prescribed for each education or training level;  having a contingent of  teachers and administrators which is qualitatively qualified, quantitatively sufficient and structurally balanced so as to ensure the implementation of educational programs and organization of educational operations;

c/ Having sufficient financial resources according to regulations to maintain and develop educational operations;

d/ Having an organization and operation charter.

3. A school that manages to fully meet the conditions specified in Clause 2 of this Article within a prescribed time limit will be licensed for educational operations by a competent state agency. A school that fails to fully meet such conditions though the prescribed time limit has expired will have the decision on the establishment of the school or the decision permitting the establishment of the school revoked. 

Article 50. Suspension of educational operations

1. A school shall be suspended from educational operations when:

a/ It commits a fraud in order to be licensed for educational operations;

b/ It fails to meet one of the conditions prescribed in Clause 2, Article 49 of this Law;

c/ It is licensed for education operations ultra vires;

d/ It fails to carry out educational operations within the prescribed time limit after being licensed;

dd/ It violates the education law and is administratively sanctioned in the form of operation suspension;

e/ Other cases prescribed by law.

2. A decision suspending a school from educational operations must clearly state the reason for and duration of suspension and measures to guarantee the rights and interests of its teachers, education administrators, learners and employees and be announced in the mass media.

3. During the suspension period, if the causes of the suspension are remedied, the person competent to decide on the suspension shall issue a decision to permit the school to resume educational operations.

Article 51. Merger, division, splitting and dissolution of schools

1. The merger, division and splitting of schools must meet the following requirements:

a/ Being conformable with the relevant socio-economic development master plan and the master plan on the network of education institutions in accordance with the Planning Law;

b/ Meeting socio-economic development demands;

c/ Guaranteeing rights and interests of teachers and learners;

d/ Contributing to improving educational quality and effectiveness.

2. A school shall be dissolved when:

a/ It seriously violates regulations on the management, organization and operations of schools;

b/ It fails to remedy causes of the operation suspension though the suspension period has expired;

c/ The operational objectives and contents stated in the decision on the establishment of the school or the decision permitting the establishment of the school are no longer suitable to socio-economic development demands;

d/ It fails to ensure educational quality;

dd/ The organization(s) and/or individual(s) establishing the school so request(s).

3. A decision on the merger, division, splitting or dissolution of a school must clearly state the reason for the merger, division, splitting or dissolution and measures to guarantee rights and interests of its teachers, education administrators, learners and employees and be announced in the mass media.

Article 52. Competence and procedures to establish or permit the establishment of schools; to license and suspend educational operations; and to decide on the merger, division, splitting and dissolution of schools

1. The competence to establish public schools and permit the establishment of people-founded and private schools is vested in:

a/ Chairpersons of district-level People’s Committees, for early childhood schools, pre-primary schools, primary schools, lower secondary schools, multi-level general education schools with lower secondary being the highest education level, and semi-boarding general education schools for ethnic minority students, except the case defined at Point d of this Clause;

b/ Chairpersons of provincial-level People’s Committees, for upper secondary schools, multi-level general education schools with upper secondary being the highest education level, boarding general education schools for ethnic minority students, and professional secondary schools located in their provinces, except the cases defined at Point c and d of this Clause;

c/ Ministers and heads of ministerial-level agencies, for professional secondary schools attached to their ministries or agencies;

d/ The Minister of Education and Training, for pre-university schools, teachers’ training colleges, and schools attached to the Ministry of Education and Training; early childhood schools, pre-primary schools, primary schools, lower secondary schools, and upper secondary schools the establishment of which is requested by foreign diplomatic missions or inter-governmental organizations;

dd/ The Minister of Labor, Invalids and Social Affairs, for colleges, except teachers’ training colleges;

e/ The Prime Minister, for higher education institutions.

2. The Minister of Education and Training shall license educational operations of higher education institutions. The competence to license educational operations for schools at other education and training levels must comply with the Government’s regulations.

3. A person who has the competence to establish or permit the establishment of a school will be competent to revoke the decision on, or permitting, the establishment of the school and to decide on the merger, division, splitting and dissolution of, the school. Those who have the competence to license educational operations will be competent to decide on suspension of educational operations.

The merger of schools established by authorities of different levels shall be decided by the authority of the highest level among them; the merger of schools established by authorities of the same level shall be agreed upon by these authorities.

4. The Government shall stipulate in detail the conditions and procedures to establish, or permit the establishment of schools; license and suspend educational operations; and decide on the merger, division, splitting and dissolution of schools under Articles 49, 50, 51 and 52 of this Law.

Article 53. Charters and organization and operation regulations of education institutions

1. School charters shall be applied commonly to all schools, regardless of their types, at the level of early childhood education, general education or vocational education. A school charter must have the following principal contents:

a/ Tasks and powers of the school;

b/ Organization of educational operations in the school;

c/ Duties and rights of teachers;

d/ Duties and rights of learners;

dd/ Organization and management of the school;

e/ Finances and assets of the school;

g/ Relations among the school, family and society.

2. Organization and operation regulations of education institutions shall concretize contents of the school charters for application to education institutions of each type.

3. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, promulgate school charters and organization and operation regulations of education institutions.

Article 54. Investors

1. Investors that make investment in education include:

a/ Domestic investors being individuals holding Vietnamese citizenship and organizations established under Vietnam’s law;

b/ Foreign investors being individuals holding foreign citizenship and organizations established under foreign laws.

2. Rights and responsibilities of investors that invest in a school:

a/ To approve school development plans proposed by the school council in accordance with law;

b/ To decide on the total capital contributions of investors, investment projects on development of the school, mobilization of investment capital (if any); plans on use of differences between annual revenues and expenditures or plans on handling of losses of the school; to approve annual financial statements of the school;

c/ To elect or appoint, remove from office, and relieve from duty members of the school council;

d/ To organize supervision and assessment of operation of the school council;

dd/ To issue, amend and supplement the school’s financial regulation; to approve contents concerning finances and assets in the school’s organization and operation regulation;

e/ To contribute funds fully and timely and supervise the contribution of funds to the school according to the scheme on the establishment of the school;

g/ To consider and handle violations of the school council which cause damage to the school in accordance with law and the organization and operation regulation of the school;

h/ To decide on the reorganization and dissolution of the school in accordance with law;

i/ To publicize the list of organizations and individuals contributing investment capital to the school on the school’s website;

k/ To be rewarded for their contribution of investment capital to establish, build and develop the school, for investors establishing not-for-profit private schools.

3. Investors establishing a private education institution may opt for one of the following methods:

a/ Making investment to establish an economic institution in accordance with the Law on Investment and the Law on Enterprises for the economic institution to establish a private education institution in accordance with this Law;

b/ Making direct investment to establish a private education institution in accordance with this Law.

Article 55. School council

1. The council of a public school is an organization that administers the school and exercises the right to represent the school owner and parties with related interests. School councils are prescribed as follows:

a/ For a nursery school, pre-primary school, early childhood school or general education institution, the school council shall decide on the operational orientations of the school, mobilize and supervise resources used for the school, link the school with the society, and ensure the fulfillment of educational goals.

For a nursery school, pre-primary school, early childhood school or general education institution, the school council shall be composed of the Party Committee secretary, principal, trade union chairperson, Ho Chi Minh Communist Youth Union secretary of the school, representatives  of the school’s professional and office staffs, a representative of the local administration, members of the parents association, and representatives of students, for lower secondary or upper secondary schools;

b/ For vocational education institutions, school councils must comply with the Law on Vocational Education;

c/ For higher education institutions, school councils must comply with the Law on Higher Education.

2. The council of a people-founded nursery school, pre-primary school or early childhood school is an organization that exercises the right to represent the school owner; is nominated by the residential community having established the school; and is responsible for deciding on operational orientations, development plans, organization and personnel, finances and assets of the school and for ensuring the fulfillment of educational goals in accordance with law.

The school council shall be composed of representatives of the residential community and commune-level local administration and persons contributing capital to build and maintain the operation of the school.

3. The council of a private school is the organization which administers the school, exercises the right to represent investors and parties with related interests, and is  responsible for organizing the implementation of investors’ decisions.

The council of a private school jointly invested by domestic and foreign investors shall be composed of representatives of investors and internal and external members who are elected or decided by the investors’ meeting according to their capital contribution proportions.

The council of a not-for-profit private school invested by domestic investors shall be composed of representatives of investors who are elected or decided by investors according to their capital contribution proportions, and internal and external members. Internal members include ex officio members being the Party Committee secretary, trade union chairperson, a representative of the Executive Committee of the Ho Chi Minh Communist Youth Union who is a student of the school (if any), and the principal; elected members include representatives of teachers and employees who are elected by the general meeting or representatives’ meeting of the school. External members include representatives of leaders, managers, educators, entrepreneurs, and ex-students who are elected by the general meeting or representatives’ meeting of the school.

4. The procedures for establishment, organizational structure, tasks and powers of the councils of nursery schools, pre-primary schools, early childhood schools and general education institutions shall be prescribed in their charters and organization and operation regulations. The shift of competence from boards of management to school councils in nursery schools, pre-primary schools, early childhood schools and general education institutions must comply with regulations of the Minister of Education and Training.

Article 56. Principals

1. A principal is the person who is in charge of managing and administering the operations of a school and appointed or recognized by a competent agency.

2. Principals of schools in the national education system must undergo training and further training in school management and reach criteria for principals.

3. Criteria, tasks and powers of principals; procedures for and process of appointment of principals of early childhood education institutions and general education institutions shall be prescribed by the Minister of Education and Training.

4. Criteria, tasks and powers of principals; procedures for and process of appointment of principals of vocational education institutions and higher education institutions must comply with the Law on Vocational Education and Law on Higher Education and other relevant laws.

Article 57. Advisory councils of schools

1. The advisory council of a school shall be established by the principal to advise the latter in performing his/her tasks and exercising his/her powers.

2. The organization and operation of an advisory council shall be stipulated in the school charter.

Article 58. Party organization in schools

Organizations of the Communist Party of Vietnam in schools shall lead the schools and operate in accordance with the Constitution and law.

Article 59. Mass organizations and social organizations in schools

Mass organizations and social organizations in schools shall make contributions to the fulfillment of educational goals and operate in accordance with law.

Article 60. Tasks and powers of schools

1. A school has the following tasks and powers:

a/ To publicize educational goals, programs and plans, educational quality assurance conditions, educational quality assessment and accreditation results, and the system of diplomas and certificates issued by the school;

b/ To organize enrollment, education, training, scientific research, and transfer of training results and scientific research outcomes according to its functions, tasks and powers; to certify or grant diplomas and certificates according to its competence;

c/ To proactively propose demands for and participate in recruitment of teachers and employees, for public schools; to manage and use teachers and employees; to manage learners;

d/ To mobilize, manage and use resources in accordance with law; to build physical foundations to meet standardization and modernization requirements;

dd/ To coordinate with families, organizations and individuals in educational operations; to facilitate teachers’, employees’ and students’ participation in social activities serving the community.

2. The performance of tasks by, and organizational apparatus, personnel and finances of, a public school are prescribed as follows:

a/ Early childhood education institutions and general education institutions shall implement democracy regulations in the schools; discharge accountability before the society, learners and management agencies; and ensure the participation of learners, families and the society in school management. The management in public early childhood education institutions and general education institutions must comply with the Government’s regulations;

b/ Vocational education institutions and higher education institutions shall exercise autonomy and discharge accountability in accordance with the Law on Vocational Education and Law on Higher Education and other relevant laws.

3. People-founded schools and private schools may enjoy autonomy and take self-responsibility for their development master plans and plans, organize educational operations, build and develop contingents of teachers, and mobilize, use and manage resources to realize educational goals.

Section 2

SPECIALIZED SCHOOLS AND OTHER EDUCATION INSTITUTIONS

Article 61. Boarding general education schools for ethnic minority students, semi-boarding general education schools for ethnic minority students, pre-university schools

1. The State shall establish boarding and semi-boarding general education schools for ethnic minority children and pre-university schools for learners being ethnic minority people and learners from families permanently residing in areas with extreme socio-economic difficulties.

2. Boarding and semi-boarding general education schools for ethnic minority students and pre-university schools shall be given with priority in arrangement of teachers, physical foundations, facilities and fund allocation.

3. The Minister of Education and Training shall prescribe the conditions for admission to boarding and semi-boarding general education schools for ethnic minority students and pre-university schools.

Article 62. Schools for gifted students, schools for students with art and sport aptitudes

1. Schools for gifted students shall be established at the level of upper secondary education for students with outstanding achievements in learning, aiming to develop their aptitudes for certain subjects while ensuring comprehensive general education, creating sources for talent training, and meeting national development requirements.

Schools for students with art and sport aptitudes shall be established to develop students’ talents in these fields.     

2. The State shall give priority to schools for gifted students and schools for students with art and sport aptitudes established by the State in terms of teachers, physical foundations, facilities and funds; and adopt preferential policies toward those established by organizations or individuals.

3. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, prescribe the advanced education program, and organization and operation regulations of schools for gifted students and schools for students with art and sport aptitudes.

Article 63. Schools and classes for people with disabilities

1. The State shall establish and encourage organizations and individuals to establish schools and classes for people with disabilities to help them receive functional rehabilitation, learn academic and vocational knowledge, and integrate themselves into the community.

2. The State shall give priority to schools and classes for people with disabilities established by the State in terms of teachers, physical foundations, facilities and funds; and adopt preferential policies toward those established by organizations or individuals.

Article 64. Reformatories

1. Reformatories have the task of educating juvenile delinquents so that they may train themselves, develop healthily and become honest persons, capable of re-integrating into the society.

2. The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Minister Education and Training and Minister of Labor, Invalids and Social Affairs in, stipulating educational programs for reformatories.

Article 65. Other education institutions

1. Other education institutions in the national education system include:

a/ Childcare groups, pre-primary classes, early childhood classes, illiteracy eradication classes, foreign-language classes, informatics classes, classes for children in difficult circumstances unable to attend school, and classes for children with disabilities;

b/ Continuing education centers, vocational education-continuing education centers, vocational education centers, community-based learning centers, inclusive education development support centers, and other centers providing continuing education;

c/ Academies and  institutes established by the Prime Minister in accordance with the Law on Science and Technology, licensed to provide doctoral training.

2. The heads of other education institutions prescribed in Clause 1 of this Article shall take responsibility for educational quality of, and manage and administer their institutions in accordance with law.

3. The Government shall stipulate in detail the conditions and competence to establish and permit the establishment; merger, division, splitting, dissolution and suspension of operation of the education institutions prescribed at Points a and b, Clause 1 of this Article, except vocational education centers. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, prescribe the organization and operation regulations of the education institutions prescribed at Points a and b, Clause 1 of this Article.

Chapter IV

TEACHERS

Section 1

POSITION, ROLES AND CRITERIA OF TEACHERS

Article 66. Position and roles of teachers

1. Teachers perform the tasks of teaching and educating at education institutions, except those prescribed at Point c, Clause 1, Article 65 of this Law.

Those who teach at early childhood education institutions, general education institutions and other education institutions or teaching at elementary and intermediate levels are called teachers; those who teach at college or higher levels are called lecturers (below referred collectively to as teachers).

2. Teachers play a decisive role in assurance of educational quality, have an important position in the society, and are honored by the society.

Article 67. Criteria of teachers

A teacher must meet the following criteria:

1. Possessing good virtues, ideologies and moral qualities;

2. Meeting professional standards according to his/her working position;

3. Having skills for updating and improving his/her professional competencies;

4. Being physically fit meeting professional requirements;

Article 68. Professors and associate professors

1. Professor and associate professor are titles of teachers who teach and conduct scientific researches at higher education institutions, meet criteria of professor or asociate professor, and are appointed by higher education institutions.

2. The Prime Minister shall prescribe the criteria and procedures for appointment and dismissal of holders of the titles of professor and associate professor.

Section 2

TASKS AND RIGHTS OF TEACHERS

Article 69. Tasks of teachers

1. To teach and educate according to educational goals and principles, and implement educational programs in an adequate and effective manner.

2. To be exemplary in the implementation of civic duties, school charters and code of conduct for teachers.

3. To preserve teachers’ virtues, prestige and honor; to respect and treat learners equally;  and to protect lawful rights and interests of learners.

4. To study and practice to raise their moral qualities, political and professional qualifications, renew teaching methods, and set good examples for learners.

Article 70. Rights of teachers

1. To teach the subjects they major in.

2. To be provided with training and further training so as to raise their political and professional qualifications.

3. To sign contracts to work as guest teachers or conduct scientific research at other education institutions or scientific research institutions.

4. To have their honor, dignity and body respected and protected.

5. To take summer vacation according to the Government’s regulations and other holidays in accordance with law.

Article 71. Guest teaching

1. Guest teaching means that an education institution invites a person fully meeting the criteria under Article 67 of this Law to teach at such education institution. The person who is invited to teach at education institutions is called guest teacher.

2. Guest teachers shall perform the tasks prescribed in Article 69 of this Law. Guest teachers who are cadres, civil servants or public employees shall fulfill duties at the units where they work.

3. It is encouraged to invite Vietnamese teachers and scientists, overseas Vietnamese scientists and foreign scientists to teach at education institutions under the guest teaching regime.

Section 3

TRAINING AND FURTHER TRAINING FOR TEACHERS

Article 72. Teachers’ qualification standards

1. The qualification standards of teachers are prescribed as follows:

a/ Possessing a college or higher diploma in teacher training, for early childhood teachers;

b/ Possessing a bachelor’s diploma in the teacher training discipline, for primary, lower secondary and upper secondary teachers.

In case the number of teachers with a bachelor’s diploma in the teacher training discipline for a specific study subject is insufficient, teachers who possess a bachelor’s diploma in an appropriate major and a certificate of further training in pedagogical skills are accepted;

c/ Possessing a master’s diplomas, for higher education teachers; possessing a doctor’s diploma, for those teaching or supervising master’s theses or doctor’s dissertations.

d/ Qualification standards of teachers teaching at vocational education institutions must comply with the Law on Vocational Education.

2. The Government shall prescribe the roadmap for improving qualification standards of early childhood, primary, and lower secondary teachers prescribed at Points a and b, Clause 1 of this Article. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, prescribe the employment of teachers not yet reached the standards prescribed in Clause 1 of this Article.

Article 73. Training and further training of teachers 

1. The State shall adopt teacher training and further training policies so as to raise their political and professional qualifications; teachers who are sent to attend training and further training courses will enjoy salaries and allowances according to the Government’s regulations.

2. Education institutions shall create favorable conditions for teachers to receive training and further training so as to reach qualification standards prescribed by law.

Article 74. Education institutions providing training and further training for teachers and education administrators

1. Education institutions providing training and further training for teachers include teacher training schools, education institutions with a teacher training faculty, and education institutions licensed to provide training and further training for educators.

2. Education institutions providing training and further training for education administrators include teacher training schools, higher education institutions with an education administration faculty, and education institutions licensed to provide training and further training for education administrators.

3. Teacher training schools which are established by the State to provide training and further training for teachers and education administrators will be given with priority in terms of recruitment of teachers, arrangement of education administrators, investment in construction of physical foundations and dormitories, and assurance of funds for training operations. Teacher training schools have practice schools or practice institutions.

4. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, prescribe the provision of training and further training for teachers and education administrators and education institutions licensed to provide training and further training for teachers and education administrators.

Section 4

POLICIES TOWARD TEACHERS

Article 75. Vietnamse Teachers’ Day

The 20th of November every year is the Vietnamese Teachers’ Day.

Article 76. Salaries

Teachers shall enjoy salaries in conformity with their working positions and jobs and be entitled to a special occupation-based allowance according to the Government’s regulations.

Article 77. Policies toward teachers

1. The State shall adopt policies on recruitment and employment of, preferential treatment toward, and assurance of necessary material and spiritual conditions for, teachers to perform their roles and tasks.

2. Teachers working at schools for gifted students, schools for students with art and sport aptitudes, boarding and semi-boarding general education schools for ethnic minority students, pre-university schools, schools and classes for people with disabilities, reformatories, or other specialized schools, and teachers performing inclusive education are entitled to allowances and other preferential policies.

3. The State shall adopt incentive and preferential policies regarding allowances and other policies for teachers working in areas with extreme socio-economic difficulties.

4. The Government shall detail this Article.

Article 78. Award of the titles of People’s Teacher and Teacher of Merit

Teachers, education administrators and educational researchers who meet the criteria set by law shall be awarded by the State the titles of People’s Teacher or Teacher of Merit.

Article 79. Award of the titles of Honorary Doctor and Honorary Professor

1. Political and social activists of international prestige, teachers and scientists who are overseas Vietnamese or foreigners and have made great contributions to the cause of education and science of Vietnam may be awarded by higher education institutions the title of Honorary Doctor.

2. Political and social activists of international prestige, teachers and scientists who are overseas Vietnamese or foreigners, have made great contributions to the cause of education and science of Vietnam and possess a doctor’s diploma may be awarded by higher education institutions the title of Honorary Professor.

3. The Government shall detail this Article.

Chapter V

LEARNERS

Section 1

TASKS AND RIGHTS OF LEARNERS

Article 80. Learners

Learners are persons currently studying at education institutions of the national education system, including:

1. Children at early childhood education institutions;

2. Students at general education institutions, vocational training classes, vocational training-continuing education centers, vocational training centers, professional secondary schools, and pre-university schools;

3. Students at colleges and universities;

4. Master students at master training institutions;

5. Doctoral students at doctoral training institutions;

6. Trainees following continuing education programs.

Article 81. Rights of children and and policies towards children at early childhood education institutions

1. Children at early childhood education institutions have the following rights:

a/ To be cared for, nurtured and educated according to the early childhood education program issued by the Minister of Education and Training; to be given with health care and protected in accordance with the Law on Children and other relevant laws;

b/ To enjoy exemption from or reduction of fares for public entertainment and recreation services.

2. The Government shall prescribe policies towards children at early childhood education institutions.  

Article 82. Tasks of learners

1. To study and practice according to educational programs and plans and code of conduct of their education institutions;

2. To respect teachers, cadres and employees of education institutions; unite with and assist one another in study and practice; to observe internal rules, charters and regulations of their education institutions; and to abide by laws;

3. To work and participate in social activities and environmental protection activities suitable to their age groups, health and competencies;

4. To preserve and protect assets of education institutions;

5. To contribute to building, protecting and promoting the traditions of education institutions.

Article 83. Rights of learners

1. To be educated or study so as to comprehensively develop and promote to the utmost their potentials.

2. To be respected and enjoy equality in terms of educational and study opportunities; to have their talents, aptitudes, creations and inventions developed; to be provided with sufficient information on their study and practice.

3. To skip grades, shorten the duration of following an educational program, be admitted to a grade at an age higher than the prescribed age, extend the duration of following an educational program or repeat grades, and be enabled to follow educational programs in accordance with law.

4. To study in a safe and sound educational environment.

5. To be awarded diplomas or certificates, or be certified after graduation from an education or training level or completion of an educational program according to regulations.

6. To participate in activities of mass organizations and social organizations in education institutions in accordance with law.

7. To use physical facilities, libraries, equipment and means in service of learning, cultural, physical training and sport activities at education institutions.

8. To propose, directly or through their lawful representatives, to education institutions solutions for improving education institutions and protecting their lawful rights and interests.

9. To enjoy the State’s preferential policies in recruitment to state agencies, for those who graduate with distinction and possess good moral qualities. 

10. To appoint their representatives to school councils according to regulations.

Section 2

POLICIES TOWARD LEARNERS

Article 84. Education credit

The State shall adopt preferential credit policies regarding interest rates and borrowing conditions and terms so as to facilitate learners’ study. To encourage the socialization of education credit activities.

Article 85. Scholarships, social allowances, tuition fee exemption and reduction, supports for tuition fees and cost-of-living expenses

1. The State shall adopt the policy on grant of encouragement scholarships for students of schools for gifted students and schools for students with art and sport aptitudes prescribed in Article 62 of this Law whose learning outcomes are rated excellent and learners of vocational education institutions and higher education institutions whose learning outcomes are rated good or higher; policy scholarships for students enrolled through nomination, students of pre-university schools and boarding general education schools for ethnic minority students, and learners of vocational education institutions for invalids and persons with disabilities.

2. The State shall adopt policies on provision of allowances and tuition fee exemption and reduction for learners being social policy beneficiaries, ethnic minority people in areas with extreme socio-economic difficulties, orphans, helpless children, people with disabilities, and people from poor households and households living just above the poverty line.

3. The State shall encourage organizations and individuals to grant scholarships or allowances to learners in accordance with law.

4. Students of teacher training institutions, except master and doctoral students, may receive supports for tuition fees and cost-of-living expenses for their entire courses. Two years after graduation, if a person who has received the support for tuition fees and cost-of-living expenses has not yet worked in the education sector or has worked in the education sector for a period shorter than the prescribed duration, he/she shall refund the support amount already received from the State. The maximum time limit for refund is at most equal to the training duration.

Students of teacher training institutions, except master and doctoral students, are entitled to encouragement scholarships, social allowances, and tuition fee exemption or reduction prescribed in Clauses 1 and 2 of this Article.

5. The Government shall detail this Article.

Article 86. Exemption from and reduction of public service fares for students, except master and doctoral students

Students, except master and doctoral students, are entitled to exemption from or reduction of fares when using public transport or entertainment services and visiting museums, historical relics and cultural works according to the Government’s regulations.

Article 87. Enrolment through nomination

1. The State shall apply the regime of enrolment through nomination to enroll students from ethnic minority groups with sparse population and students being ethnic minority people in areas with extreme socio-economic difficulties with very few or without ethnic minority cadres, civil servants and public employees to professional secondary schools, colleges, and universities; adopt policies to create sources of enrolment through nomination and create favorable conditions for these subjects to enter boarding general education schools for ethnic minority students and increase the period of following pre-university program.

2. Provincial-level People’s Committees shall, based on the need of their localities, propose and allocate nomination quotas, and send persons to study according to approved criteria and quotas; recruit and assign jobs to such persons after their graduation.

Education institutions shall support students enrolled by regime of enrolment through nomination in order to ensure outcome quality.

3. After their graduation, students enrolled by regime of enrolment through nomination shall work for the localities that have sent them to study; and will be considered for recruitment and assigned jobs.

4. The Government shall stipulate in detail criteria for and beneficiaries of the regime of enrolment through nomination, the implementation of the regime of enrolment through nomination, and the recruitment of students enrolled by regime of enrolment through nomination after their graduation.

Article 88. Reward and commendation of learners

Learners who record achievements in study and practice may be commended by education institutions or management agencies in charge of education; those who record extremely excellent achievements will be rewarded and commended in accordance with law.

Chapter VI

RESPONSIBILITIES OF SCHOOLS, FAMILIES AND SOCIETY IN EDUCATION

Article 89. Responsibilities of schools

1. Schools shall implement plans for universalization of education and codes of conduct; take the initiative in coordination with families and the society to organize or participate in educational operations according to their plans and ensure the safety of teachers and learners; inform study and practice outcomes of students to their parents or guardians.

2. Other education institutions may apply regulations related to schools in this Chapter.

Article 90. Responsibilities of families

1. Parents or guardians have the responsibility to nurture, educate, care for, and create conditions for their children or persons under their guardianship to learn, realize universalization of education, complete compulsory education, and participate in school activities; respect teachers, and refrain from hurting the dignity and honor, and violating the bodies of teachers.

2.  All family members have the responsibility to build a cultured family and create a favorable environment for comprehensive development of their children in terms of morality, intellectuality, physical strength and aestheticism; elder people are responsible for educating, setting examples for children and joining schools in raising educational quality and effectiveness.

Article 91. Responsibilities of parents and guardians of students

1. To receive information on study and practice outcomes of their children or persons under their guardianship.

2. To take part in educational operations under plans of schools; to participate in activities of parent associations.

3. To coordinate with schools and management agencies in charge of education in settling issues related to the education of their children or persons under their guardianship according to regulations.

Article 92. Parent associations  

1. Parent associations shall be established for each academic year at general education and early childhood education levels. A parent association shall be composed of members being nominated by the parents or guardians of students or children of each class or school to coordinate with the school in caring, nurturing and educating students or children and operate under the Minister of Education and Training’s regulations.

2. Parent associations shall not be established for groups of schools or at administrative levels.

Article 93. Responsibilities of the society

1. Agencies, organizations and individuals shall:

a/ Assist and coordinate with schools in organizing educational operations and scientific research activities; and create conditions for teachers and learners to conduct field and experience tours, practices and scientific research;

b/ Contribute to the building of a safe and sound educational environment while preventing activities which may exert negative impacts on learners;

c/ Create conditions for citizens in the prescribed age groups to fulfill the obligation to learn in order to fulfill the goals of universalization of education and completion of compulsory education so that they will be able to in sound recreational, cultural, physical training and sport activities;

d/ Contribute resources to the cause of educational development according to their capabilities.

2. The Vietnam Fatherland Front and its member organizations shall mobilize the entire population to take care of the cause of education.

3. The Ho Chi Minh Communist Youth Union and Ho Chi Minh Young Pioneer Organization shall coordinate with schools in educating and mobilizing the youth and children to set examples in study and practice and to participate in the cause of educational development.

Article 94. Learning promotion funds and education sponsoring funds

The State shall encourage organizations and individuals to establish learning promotion funds and education sponsoring funds. The establishment and operation of these funds must comply with law.

Chapter VII

INVESTMENT AND FINANCE IN EDUCATION

Article 95. Financial sources for investment in education

Financial sources for investment in education include:

1. The state budget;

2. Lawful investment capital from domestic and foreign organizations and individuals;

3. Revenues from education, training, science and technology services; auxiliary services for educational operations of education institutions; revenues from production and business activities; interest on bank deposits, and other lawful revenues as prescribed by law;

4. Funds provided for performance of orders and tasks placed or assigned by the State;

5. Loans;

6. Donations, aids and presents of domestic and foreign organizations and individuals.

Article 96. State budget invested for education

1. The State shall give top priority to the allocation of budget for education, ensuring that the state budget expenditure for education and training accounts for at least 20% of the total state budget expenditure.

2. The state budget expenditure for education must be allocated on the principle of publicity and democracy, based on the educational scale and socio-economic development circumstances of each region, ensuring the budget for universalization of education and educational development in areas inhabited by ethnic minority people and areas meeting with extreme socio-economic difficulties.

The State shall fully and timely allocate funds for universalization of education in conformity with the progress of academic years.

3. Management agencies in charge of education and education institutions shall effectively manage and use the allocated budgets for education and other revenues in accordance with law.

Article 97. Priority in allocation of funds and land for building schools

Ministries, ministerial-level agencies, People’s Councils and People’s Committees at all levels shall include the construction of schools, physical training and sport, cultural and art facilities in service of education in their sectoral or local socio-economic development master plans and plans; and shall prioritize the allocation of funds and land for the construction of schools and student dormitories under their socio-economic development plans.

Article 98. Encouragement of investment in education

1. The State shall encourage and create conditions for organizations and individuals to contribute their intellectuality, labor and property to education.

2. The contributions and donations to education of organizations and individuals will be deducted from taxable income in accordance with the laws on taxes.

3. Organizations and individuals investing in the construction of works in service of education; making contributions or donations in cash or in kind for the development of the cause of education will considered for acknowledgement in appropriate forms.

Article 99. Tuition fee and expenses of education and training services

1. Tuition fee means a money amount payable by a learner to cover part or the whole costs of education and training services. Tuition fee rates shall be determined according to the roadmap designed by the Government to ensure the coverage of costs of education and training services. Tuition fee rates applied by vocational education institutions and higher education institutions must comply with the Law on Vocational Education and the Law on Higher Education.

2. Costs of education and training services include all expenses for salaries, direct expenses, management expenses, and depreciation expenses of fixed assets directly and indirectly serving educational operations according to educational programs.

The enrolment fees that must be paid by candidates when taking part in the admission process and exams shall be determined according to the roadmap toward acurate and adequate fee calculation.

3. Primary students of public education schools are not required to pay tuition fees; in areas where there are not enough public schools, primary students of private education institutions will be entitled to state support for payment of tuition fees; support levels shall be decided by provincial-level People’s Councils.

4. Five-year-old children in hamlets and communes with extreme difficulties, areas inhabited by ethnic minority people, deep-lying and remote areas, coastal alluvial areas, and offshore islands will be exempt from tuition fees.

5. Five-year-old children of early childhood education institutions other than those prescribed in Clause 4 of this Article and lower secondary students shall be exempted from tuition fees according to the roadmap prescribed by the Government.

6. The collection and management of tuition fees and rates of auxiliary services for educational services are prescribed as follows:

a/ The Government shall prescribe the collection and management of tuition fees by early childhood education institutions, general education institutions, vocational education institutions and public higher education institutions;

b/ Provincial-level People’s Councils shall decide on tuition fee brackets or specific tuition fee levels and the rates of auxiliary services for educational operations for public education institutions according to their competence to perform the state management of education at the proposal of provincial-level People’s Committees;

c/ Provincial-level People’s Committees shall prescribe the collection and management of  enrollment charges applicable to locally-run education institutions of all levels after the charge rates are approved by provincial-level People’s Councils;

d/ People-founded and private education institutions may take initiative in setting the rates of tuition fees and other services to ensure cost recovery and reasonable accumulation; and publicize the costs of education and training services and the collection rates already committed under their school establishment plans for each course, level and academic year in accordance with law.

Article 100. Tax incentives for textbooks and teaching documents and aids

The State shall adopt tax incentives for the publication of textbooks, course books, and teaching materials; for the production and supply of teaching aids and children’s toys in early childhood education institutions; for the import of books, newspapers, teaching and learning materials, teaching aids and research equipment to be used in education institutions in accordance with the laws on taxes.

Article 101. Financial regimes applicable to education institutions

1. Public education institutions shall manage financial revenues and expenditures, manage and use assets in accordance with the Law on the State Budget, Law on Management and Use of Public Assets and other relevant laws; and comply with the accounting, auditing, tax and financial disclosure regimes in accordance with law.

2. People-founded and private education institutions shall operate on the principle of financial autonomy and must comply with the accounting, auditing, tax, asset valuation and financial disclosure regimes in accordance with law. Revenues of people-founded and private education institutions shall be used to cover expenses for education institutions’ activities, fulfill their obligations toward the state budget and establish development investment funds and other funds of the education institutions; the remainder shall be divided to investors according to their capital contribution proportions, except not-for-profit education institutions.

3. Education institutions shall publicize the costs of education and training services and the collection levels by academic year, for early childhood education and general education; or by academic year with an estimate figure for whole course, for vocational education and higher education.

Article 102. Ownership of assets and transfer of capital of people-founded and private schools

1. Assets of a private school shall belong to the school as a legal entity. Assets of private schools shall be protected by the State in accordance with law.

2. Assets of a people-founded school shall belong to its investors, be formed from capital contributed by the investors and determined by the investors’ capital contribution records. The transfer of assets contributed to the school as capital must comply with law.

3. The transfer of capital contributed to a people-founded or private school must ensure the stability and development of the school and comply with the Government’s regulations.

Article 103. Preferential policies applicable to people-founded and private schools

1. People-founded and private schools will be allocated or leased land and/or physical foundations by the State, receive supports from the state budget when performing tasks assigned by the State; entitled to preferential policies on tax and credit; and be provided with funds by the State for realization of policies toward learners prescribed in Article 85 of this Law.

2. The Government shall detail this Article.

Chapter VIII

STATE MANAGEMENT OF EDUCATION

Section 1

CONTENTS OF STATE MANAGEMENT OF EDUCATION AND STATE MANAGEMENT AGENCIES IN CHARGE OF EDUCATION

Article 104. Contents of state management of education

1. Formulating, and directing the implementation of, strategies, master plans, plans and policies on educational development;

2. Promulgating, and organizing the implementation of, legal documents on education; promulgating school charters, education institution standards, organization and operation regulations of education institutions, and charters on boards of representatives of students’ parents; prescribing schools’ internal and external teaching and educational activities; prescribing evaluation of study and practice results; and commending, rewarding and disciplining learners.

3. Defining title-based criteria and working regimes of teachers and education administrators; list of framework working positions and payrolls of education institutions; criteria for heads and deputy heads of education institutions; title-based criteria for heads and deputy heads of specialized agencies in charge of education under provincial- or district-level People’s Committees; and standards on teachers; promulgating codes of conduct of teachers and education institutions; and prescribing conditions, criteria and forms of recruitment of teachers (excluding lecturers).

4. Defining objectives, programs, contents of education; national qualifications framework; standards on teachers; standards and norms on use of physical foundations, libraries and equipment of schools; compilation and use of textbooks and course books; examination, testing, enrollment, joint training, and management of diplomas and certificates; and recognition of diplomas granted by foreign educational institutions and permitted for use in Vietnam.

5. Defining the evaluation of educational quality; organizing and managing the assurance and accreditation of educational quality.

6. Making statistics of and providing information on educational organization and operations.

7. Organizing the educational management apparatus.

8. Organizing and directing the training, further training and management of teachers and education administrators.

9. Mobilizing, managing and using resources for educational development.

10. Organizing and managing scientific and technological research and application in the education sector.

11. Organizing and managing international cooperation and foreign investment in education.

12. Inspecting and examining the observance of the education law; settling complaints and denunciations, commending, and rewarding, and handling violations of the education law.

Article 105. State management agencies in charge of education

1. The Government shall perform the unified state management of education.

The Government shall submit to the National Assembly before deciding on major guidelines affecting the learning rights and obligations of citizens nationwide, and policies on reform of curricula of an educational level; report annually to the National Assembly on educational operations and the use of state budget funds for education; and submit to the National Assembly Standing Committee before deciding on large-scale application of successfully piloted new educational policies, which may affect the learning rights and obligations of citizens nationwide.

2. The Ministry of Education and Training shall take responsibility before the Government for performing the state management of early childhood education, general education, higher education, pedagogical intermediate education, college education, and continuing education.

3. The Ministry of Labor, Invalids and Social Affairs shall take responsibility before the Government for performing the state management of vocational education, except pedagogical intermediate education and college education.

4. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs in performing the state management of education.

5. People’s Committees at all levels shall perform the state management of education as decentralized by the Government and, within the ambit of their tasks and powers, perform the following tasks:

a/ To examine the observance of the education law by education institutions in their localities;

b/ To ensure conditions on teachers, finance, physical foundations, libraries and teaching equipment of public schools under their management;

c/ To develop forms of schools and perform educational socialization, meeting the requirements of expanding the scale and raising the educational quality and efficiency  in their localities;

d/ To implement the State’s guidelines and policies and local policies to ensure autonomy and accountability on task performance and educational quality assurance of education institutions under their management;

dd/ To take responsibility for implementation results of educational development strategies, master plans, plans and policies in their localities.

Section 2

INTERNATIONAL COOPERATION IN EDUCATION

Article 106. Principles of international cooperation in education

The State shall expand and develop international cooperation in education in adherence to the principles of respect for national independence and sovereignty, equality, and mutual benefit.

Article 107. Cooperation in education with foreign countries

1. The State shall encourage and create conditions for Vietnamese education institutions to cooperate with foreign organizations and individuals and overseas Vietnamese in teaching, learning and scientific research activities.

2. The State shall encourage and create conditions for Vietnamese citizens to participate in overseas teaching, learning, scientific research and academic exchange activities, either with their own funds or with funds provided by domestic or foreign organizations or individuals.

3. The State shall set aside its budget funds to send persons possessing moral qualities and qualifications to overseas study or research courses in key sectors to serve national construction and defense.

4. The Government shall prescribe the overseas teaching, learning, scientific research and academic exchange by Vietnamese citizens; and cooperation in education with foreign organizations and individuals and overseas Vietnamese.

Article 108. Foreign cooperation and investment in education

1. The State shall encourage and create conditions for foreign organizations and individuals, international organizations and overseas Vietnamese to engage in education-related teaching, learning, investment, financing, cooperation, scientific research and technology application and transfer activities in Vietnam; and protect their lawful rights and interests in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The cooperation in education with Vietnam must ensure that learners are educated in terms of personality, quality and capacity of citizens; respect the nation’s cultural identities; realize educational goals and requirements on educational contents and methods, suitable to each education or training level in the national education system; and ensure that educational operations comply with Vietnam’s law.

3. Forms of foreign cooperation and investment in education in Vietnam include:

a/ Joint education and training;

b/ Establishment of representative offices;

c/ Establishment of branches;

d/ Establishment of education institutions;

dd/ Other forms of cooperation and investment.

4. The Government shall detail this Article.

Article 109. Recognition of foreign diplomas

1. Diplomas awarded by foreign education institutions shall be recognized for use in Vietnam in the following cases:

a/ A diploma granted by a foreign-based general education institution or higher education institution to learners upon their completion of the relevant educational program, meeting the quality requirements set by the host country, and recognized by the competent authority in charge of education of such country;

b/ A diploma granted to learners by a foreign education institution lawfully operating in another country where its head office is located, which is allowed by the competent authorities in charge of education of the two countries to open its branch or enter into joint training or training cooperation, and satisfies the requirements mentioned at Point a of this Clause;

c/ A diploma granted to learners by a foreign education institution lawfully operating in Vietnam and conducting educational operations in accordance with the Government’s regulations on cooperation and investment in education as approved by a competent agency, and satisfying the requirements mentioned at Point a of this Clause.

2. The Minister of Education and Training shall, within the ambit of his/her tasks and powers, sign international agreements on equivalence or mutual recognition of diplomas; prescribe in detail the conditions, order, procedures and competence for recognition of diplomas; and provide information on higher education institutions meeting quality requirements recognized by the host countries.

The recognition of vocational education diplomas granted by foreign countries must comply with the Law on Vocational Education.

Section 3

EDUCATIONAL QUALITY ACCREDITATION

Article 110. Objectives, principles, and subjects of educational quality accreditation

1. Objectives of educational quality accreditation:

a/ To ensure and raise the educational quality;

b/ To certify the level of fulfillment of objectives by education institutions or training programs in each period;

c/ To provide a basis for education institutions to give explanations about the actual educational quality to owners, competent state agencies, related parties and the society;

d/ To provide a basis for learners to select education institutions and training programs, and for employers to recruit employees.

2. The educational quality accreditation must adhere to the following principles:

a/ Independence, objectivity and lawfulness;

b/ Honesty, publicity and transparency;

c/ Fairness, compulsoriness and periodicity.

3. Subject of educational quality accreditation:

a/ Education institutions, for early childhood education, general education and continuing education;

b/ Education institutions and training programs of all levels, for vocational education and higher education.

Article 111. Contents of state management of educational quality accreditation

1. Promulgating regulations on criteria for educational quality evaluation; prescribing the order and frequency of educational quality accreditation for each education or training level; setting operational principles, conditions and criteria for organizations and individuals engaged in educational quality accreditation; licensing the educational quality accreditation; and granting and revoking educational quality accreditation certificates.

2. Managing the accreditation of training programs and education institutions.

3. Guiding organizations, individuals and education institutions in conducting educational quality evaluation and accreditation.

4. Examining and assessing the implementation of regulations on educational quality accreditation.

Article 112. Educational quality accreditation institutions

1. Educational quality accreditation institutions include:

a/ Educational quality accreditation institutions established by the State;

b/ Educational quality accreditation institutions established by domestic and foreign organizations and individuals;

c/ Foreign educational quality accreditation institutions.

2. The organization of educational quality accreditation is prescribed as follows:

a/ The Government shall prescribe the conditions and procedures for establishment, licensing of the operation, suspension, and dissolution of educational quality accreditation institutions; and the conditions and procedures for recognition of the operation of foreign educational quality accreditation institutions in Vietnam;

b/ The Minister of Education and Training shall decide on the establishment, license the establishment or operation, suspend the operation, or dissolve educational quality accreditation institutions, and define the responsibilities and powers of educational quality accreditation institutions for early childhood education, general education and continuing education; decide on the recognition, and revoke decisions on recognition, of foreign educational quality accreditation institutions operating in Vietnam; and prescribe the supervision and evaluation of educational quality accreditation institutions;

c/ The educational quality accreditation for vocational education and higher education must comply with the Law on Vocational Education and Law on Higher Education, respectively.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 113. To amend and supplement a number of articles of Law No. 74/2014/QH13 on Vocational Education which had a number of articles amended and supplemented under Law No. 97/2015/QH13 and Law No. 21/2017/QH14

1. To amend and supplement Points a and b, Clause 3, Article 32 as follows:

“a/ Persons possessing upper secondary education diplomas, certificates of completion of the general education program, or certificates of fulfillment of the amount of knowledge required for upper secondary education, and possessing intermediate-level diplomas of distinction or higher class and registering to learn the same specialty or occupation;

b/ Persons possessing upper secondary education diplomas, certificates of completion of the general education program, or certificates of fulfillment of the amount of knowledge required for upper secondary education, and possessing intermediate-level  diplomas of good class and having at least 2 years’ working experience in their trained specialty or occupation, and registering to learn the same specialty or occupation;”.

2. To amend and supplement Clause 3, Article 33 as follows:

“3. The collegial-level training duration for school year-based programs must last between 2 and 3 school years depending on the specialty or occupation, for persons possessing upper secondary education diplomas; or between 1 and 2 school year(s), depending on the specialty or occupation, for persons possessing intermediate-level diplomas in the same specialty or occupation and possessing upper secondary education diplomas, certificates of completion of the general education program, or certificates of fulfillment of the amount of knowledge required for upper secondary education.

The duration for module- or credit-based collegial-level training is the duration for accumulating sufficient modules or credits required for each training program, for persons possessing upper secondary education diplomas, certificates of completion of the general education program, or certificates of fulfillment of the amount of knowledge required for upper secondary education.”.

Article 114. Effect

1. This Law takes effect on July 1, 2020.

2. Education Law No. 38/2005/QH11 which had a number of articles amended and supplemented under Law No. 44/2009/QH12, Law No. 74/2014/QH3, and Law No. 97/2015/QH13, ceases to be effective on the effective date of this Law, except the case prescribed in Article 115 of this Law.

Article 115. Transitional provisions

Students of teacher-training institutions (except master’s and doctoral students) and persons following teacher-training courses who are enrolled before the effective date of this Law shall continue to comply with Clause 3, Article 89 of Education Law No. 38/2005/QH11 which had a number of articles amended and supplemented under Law No. 44/2009/QH12, Law No. 74/2014/QH13 and Law No. 97/2015/QH13.

This Law was passed on June 14, 2019, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 7^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN