Nghị định 101/2002/NĐ-CP của Chính phủ về tổ chức và hoạt động của Thanh tra giáo dục

DECREE

ON THE ORGANIZATION AND OPERATION OF THE EDUCATIONAL INSPECTORATE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Education Law of December 2, 1998;

Pursuant to the Inspection Ordinance of April 1, 1990;

At the proposal of the Minister of Education and Training,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Educational Inspectorate

Educational Inspectorate is specialized inspectorate in education. The Educational Inspectorate exercises the right to inspection within the scope of State management over education in order to ensure the law observance, bring into play the positive factors, prevent and handle violations, and protect the States interests as well as legitimate rights and interests of organizations and individuals in the educational domain.

Article 2.-Subject to educational inspection

1. Educational establishments of State agencies, political organizations, socio-political organizations, peoples armed forces, economic organizations, and individuals.

2. Foreign-invested educational establishments, establishments cooperating with foreign organizations and/or individuals in education and operating in the Vietnamese territory.

3. Organizations and individuals engaged in sending persons abroad for training under general, tertiary and/or postgraduate education, as well as vocational training programs for Vietnamese citizens.

4. Organizations and individuals engaged in teaching and educational activities under pre-school, general, vocational, tertiary and postgraduate education programs implemented outside the educational establishments mentioned in Clauses 1 and 2 of this Article (hereafter called the teaching and educational activities conducted outside the educational establishments for short.)

Article 3.-Contents of operation of Educational Inspectorate

1. Inspecting the observance of the legislation on education by the subjects defined in Article 2 of this Decree.

2. Inspecting teaching and educational activities of the subjects prescribed in Article 2 of this Decree regarding the realization of the educational objectives, plans, programs, contents and methods, professional regulations; the examinations regulations, the issuance of diplomas and certificates; the implementation of the prescriptions on the necessary conditions to ensure the educational quality at the educational establishments.

3. Verifying, concluding and proposing to the competent agencies to settle complaints and denunciations according to law provisions.

4. Guiding inspection contents and fostering inspection and educational inspection operations for the subordinate educational inspectorates.

5. Proposing the competent State agencies to amend, supplement or promulgate policies and legal documents in conformity with the requirements of educational management.

Article 4.-Responsibilities of leaders of the education-managing agencies towards Educational Inspectorate of the same level

1. To build up the organizational apparatus of the Educational Inspectorate and create conditions and facilities for the Educational Inspectorate, inspectors and inspection collaborators to fulfill their assigned tasks.

2. To direct the Educational Inspectorate in drawing up and realizing examination and inspection plans, and abide by the superiors direction over the inspection work.

3. To consider and handle petitions of the Educational Inspectorate, ensuring the effectiveness of the inspection activities.

4. To use inspection results for considering the commendation, discipline, employment, recognition, appointment or dismissal of professors and associate professors, the conferment of Peoples Teacher and Meritorious Teacher titles, the implementation of preferential treatment regimes for officials, public servants, teachers, lecturers and employees, for deciding or proposing competent agencies to decide on the withdrawal of diplomas and certificates which had been illegally issued or used; for suspending, dissolving or proposing competent authorities to dissolve the educational establishments which were illegally set up or have seriously violated law provisions.

Article 5.-Principles of operation of the Educational Inspectorate

The Educational Inspectorate only abides by law and takes responsibility before law for its operation, in order to ensure the observance of law and the effectiveness of educational management. Neither organization nor individual may illegally interfere into the operation of the Educational Inspectorate.

Chapter II

ORGANIZATION, TASKS AND POWERS OF THE EDUCATIONAL INSPECTORATE

Article 6.-Organizational system of the Educational Inspectorate

1. The Inspectorate of the Ministry of Education and Training (hereafter called the Ministrys Inspectorate for short).

2. The Inspectorates of the Education and Training Services of the provinces and centrally-run cities (hereafter called the provincial/municipal Education and Training Services Inspectorates for short).

The educational inspection activities at the district level shall be directly managed by the heads of the district Education and Training Sections and carried out under the professional direction of the provincial/municipal Education and Training Services Inspectorates.

Section I. THE MINISTRY’S INSPECTORATE

Article 7.-Organization of the Ministrys Inspectorate

The Ministrys Inspectorate is a State inspectorate functioning to conduct specialized educational inspection, which shall be directly managed by the Minister of Education and Training and at the same time subject to the State Inspectorates direction in inspection organization and operations.

The Ministrys Inspectorate shall exercise the right to inspection within the State management scope of the Ministry of Education and Training; manage the inspection of educational agencies, units and establishments under the Ministers direct management, and provide specialized inspection direction and guidance to the provincial/municipal Education and Training Services Inspectorates.

The Ministrys Inspectorate is composed of chief inspector, deputy-chief inspectors and inspectors. The appointment and dismissal of the chief inspector and deputy-chief inspectors shall comply with the provisions in the Inspection Ordinance, Decree No. 244/HDBT of June 30, 1990 of the Council of Ministers (now the Government), and law provisions on officials and public servants.

The organizational structure and payroll of the Ministrys Inspectorate shall be decided by the Minister after reaching agreement thereon with the State Inspector General.

The Ministrys Inspectorate shall have its own seal.

Article 8.-Tasks and powers of the Ministrys Inspectorate

1. To inspect the observance of the Education Law and other provisions of the legislation on education by the subjects prescribed in Article 2 of this Decree according to the State management competence of the Ministry of Education and Training.

2. To inspect the implementation of policies, law and assigned tasks by educational establishments, organizations and individuals under the direct management of the Ministry of Education and Training.

3. To perform the tasks prescribed in Clauses 2, 3 and 4, Article 99 of the Education Law according to the State management competence of the Ministry of Education and Training.

4. To exercise the powers prescribed in Article 100 and the responsibilities prescribed in Article 101 of the Education Law.

5. To perform the tasks and exercise the powers prescribed in Clauses 3, 4 and 5, Article 14 of the Inspection Ordinance.

6. To sanction or propose to the competent agencies to sanction administrative violations according to law provisions.

7. To make final reviews of actual educational inspection; propose measures to ensure the observance of the legislation on education; propose the competent authorities to amend, supplement or promulgate legal documents on education.

Article 9.-Tasks and powers of the Ministrys chief inspector

1. To propose the Minister of Education and Training to decide on the inspection, set up inspection teams, send inspectors or inspection collaborators to conduct inspection according to law provisions.

2. To propose competent agencies to suspend the operation or dissolve educational establishments if there are enough grounds to conclude that such establishments seriously violate law.

3. To propose competent agencies to suspend the implementation or annul the decisions relating to the learners interests in educational establishments if there are enough grounds to conclude that such decisions are contrary to law.

4. To exercise the rights prescribed in Article 15 of the Inspection Ordinance.

5. To base him/herself on the inspection conclusions to propose the competent agencies to handle violations committed by organizations and individuals according to law provisions.

6. To temporarily suspend acts of law violation in the educational domain and propose competent agencies to handle them according to law provisions.

7. To sanction or propose competent agencies to sanction administrative violations according to law provisions.

Section II. PROVINCIAL/MUNICIPAL EDUCATION AND TRAINING SERVICES’INSPECTORATES

Article 10.-Organization of the provincial/municipal Education and Training Services Inspectorates

The provincial/municipal Education and Training Services Inspectorates are State inspectorates functioning to conduct specialized educational inspection, which shall be directly managed by the directors of the provincial/municipal Education and Training Services and at the same time be subject to the working direction and specialized inspection guidance of the Ministrys Inspectorate; the organizational and professional direction of the Inspectorates of the provinces and centrally-run cities.

The provincial/municipal Education and Training Services Inspectorates shall exercise the right to inspection within the State management scope of the provincial/municipal Education and Training Services; and direct the educational inspection operations at district level.

A provincial/municipal Education and Training Services Inspectorate is composed of chief inspector, deputy-chief inspectors and inspectors. The appointment and dismissal of chief inspector and deputy-chief inspectors as well as the arrangement of the organizational apparatus of the provincial/municipal Education and Training Services Inspectorate shall comply with the provisions in Decree No. 244/HDBT of June 30, 1990 of the Council of Ministers (now the Government) and law provisions on officials and public servants.

The Education and Training Services Inspectorate shall have its own seal.

Article 11.-Tasks and powers of the provincial/municipal Education and Training Services Inspectorates

1. To inspect the implementation of the Education Law and other law provisions on education by the subjects prescribed in Article 2 of this Decree within the scope of management competence of the provincial/municipal Education and Training Services.

2. To inspect the implementation of policies, law and assigned tasks by the district-level Education and Training Sections as well as educational establishments, organizations and individuals under the direct management of the provincial/municipal Education and Training Services. To direct and manage the inspection of teaching and educational activities of teachers at public and non-public pre-school, general and vocational education establishments, and activities in the education domain carried out by organizations and individuals outside the educational establishments according to the management competence of the provincial/municipal Education and Training Services.

3. To perform the tasks prescribed in Clauses 2, 3 and 4, Article 99 of the Education Law according to the management competence of the provincial/municipal Education and Training Services.

4. To exercise the powers prescribed in Article 100 and the responsibilities prescribed in Article 101 of the Education Law.

5. To sanction or propose to the competent agencies to sanction administrative violations according to law provisions.

Article 12.-Powers of the chief inspectors of the provincial/municipal Education and Training Services

The chief inspectors of the provincial/municipal Education and Training Services shall have the powers prescribed in Article 9 of this Decree according to the State management competence of the provincial/municipal Education and Training Services.

Section III. INSPECTORS AND INSPECTION COLLABORATORS

Article 13.-Inspectors

Inspectors are persons assigned to conduct the inspection work at educational inspectorates, and appointed according to the Inspector Regulation issued together with Decree No. 191/HDBT of June 18, 1991 of the Council of Ministers (now the Government).

1. When conducting the inspection, the inspectors shall have the following powers and responsibilities:

a/ To exercise the powers prescribed in Clause 3, Article 24 of the Inspection Ordinance and Article 100 of the Education Law.

b/ To sanction or propose to the competent agencies to sanction administrative violations according to law provisions.

c/ To perform the responsibilities prescribed in Article 101 of the Education Law.

2. The inspectors, after being appointed, shall enjoy wages under the inspectors wage scale and other regimes towards inspectors.

Article 14.-Inspection collaborators

Educational inspectorates shall employ inspection collaborators according to the provisions of the Inspection Ordinance. When being mobilized by competent authorities for participation in the inspection work, the inspection collaborators shall be created necessary conditions to fulfil their tasks.

The Minister of Education and Training shall assume the prime responsibility and coordinate with relevant agencies in prescribing the working and preferential treatment regimes towards inspection collaborators.

Chapter III

COMMENDATION AND HANDLING OF VIOLATIONS

Article 15.-Commendation regime

Organizations and individuals that have recorded achievements in educational inspection activities shall be commended and/or rewarded according to the States regulations.

Article 16.-Handling of violations

Those who obstruct, bribe or retaliate persons performing the inspection tasks, or breach the legislation on inspection; those who abuse the inspection powers, or for personal benefits or due to irresponsibility, make incorrect inspection conclusions, or infringe upon the legitimate rights and interests of organizations and individuals, shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability according to law provisions; if causing damage, they shall have to pay compensation therefor as prescribed by law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17.-This Decree takes implementation effect 15 days after its signing.

This Decree replaces Decree No. 358/HDBT of September 28, 1992 of the Council of Ministers (now the Government) on organization and operation of the Educational Inspectorate. All previous stipulations contrary to this Decree are hereby annulled.

Article 18.-The Minister of Education and Training shall guide the implementation of this Decree according to its competence of State management over education.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.