Nghị định 85/2003/NĐ-CP về chức năng, nhiệm vụ, quyền hạn, cơ cấu tổ chức của Bộ Giáo dục và Đào tạo

DECREE

PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF EDUCATION AND TRAINING

THE GOVERNMENT

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

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of the XIth National Assembly of the Socialist Republic of Vietnam defining the list of ministries and ministerial-level agencies of the Government;

Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002 prescribing the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposals of the Minister of Education and Training and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of Education and Training is an agency of the Government, which performs the functions of State management over education, including: pre-school education, general education, intermediate vocational education, tertiary education, post-graduate education and non-formal education; the State management of public services in the fields under its management; and acts as the representative of the owner of the State capital portions at the State-invested enterprises within the scope of its management as prescribed by law.

Article 2.- Tasks and powers

The Ministry of Education and Training shall have to perform the tasks and powers prescribed in the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies, as well as the following specific tasks and powers:

1. To submit to the Government and/or the Prime Minister bills, draft ordinances and other legal documents, strategies, plannings, long-term, five-year and annual plans on education, as well as its key programs and projects;

2. To issue according to its competence decisions, directives and circulars falling within the scope of its State management;

3. To direct, guide, inspect and be accountable for the implementation of legal documents; strategies, plannings, plans and national programs after they are approved, as well as other legal documents falling within the scope of its management; to conduct the propagation, dissemination and education of legislation as well as the provision of information on education;

4. On pre-school education:

a/ To promulgate the curriculum contents and methodology for pre-school education; to promulgate the organizational and operational regulations and charters of pre-schools;

b/ To guide and direct the provincial/municipal People's Committees in performing the function of State management over pre-school education as decentralized by the Government.

5. On general education:

a/ To submit to the Government undertakings on the reform of general education contents and curricula;

b/ To submit to the Prime Minister national target programs on general education universalization;

c/ To direct the realization of the reform of general education contents and curricula as well as programs on general education universalization after they are approved by competent authorities;

d/ To promulgate the organizational and operational regulations and charters of primary schools, basic secondary schools and general secondary schools;

e/ To provide for the compilation, publication, printing and distribution of textbooks; perform the uniform management and organize the compilation and approval of general education textbooks on the basis of the appraisal by the National Council for Textbook Appraisal;

f/ To guide and direct the provincial/municipal People's Committees in performing the function of State management over general education as decentralized by the Government.

6. On intermediate vocational education:

a/ To submit to the Government the structure of training majors, investment structure and policies on assurance of intermediate vocational training quality; to direct and inspect the implementation thereof after they are approved;

b/ To decide on the list of occupations and trades for intermediate vocational training; and coordinate with specialized ministries in specifying the framework curriculum for intermediate vocational education;

c/ To promulgate the organizational and operational regulations and charters of intermediate vocational schools;

d/ To guide and inspect the ministries, ministerial-level agencies, agencies attached to the Government and provincial/municipal People's Committees in performing the function of State management over intermediate vocational education as decentralized by the Government.

7. On tertiary education and post-graduate education:

a/ To submit to the Government the structure of training majors, investment structure and policies on assurance of the quality of collegial, university and post-graduate training; to direct, inspect and organize the implementation thereof after they are approved;

b/ To submit to the Prime Minister the organizational models of assorted types of universities; the promulgation of the charters of universities and regulations of non-public universities; the plannings on the network of universities and colleges; the regulations on procedures for the establishment, merger, division, separation, operation termination and dissolution of universities and colleges, as well as the list of university and post-graduate training majors; the specific regulations on post-graduate diplomas for some specialized majors; the assignment of the task of post-graduate training to training and research institutions; the decisions on the establishment, merger, division, separation, dissolution and operation termination of universities; and regulations on the tasks, powers, criteria and procedures for appointment and dismissal of principals of universities and colleges;

c/ To promulgate the organizational and operational regulations and charters of colleges; to decide on the establishment, merger, division, separation, dissolution and operation termination of colleges and pre-entrance schools;

d/ To prescribe the framework curriculum for university education, the content and methodology for post-graduate training; to assume the prime responsibility and coordinate with the ministries, ministerial-level agencies, agencies attached to the Government and provincial/municipal People's Committees in checking universities and colleges in their elaboration of training programs according to the framework curriculum issued by the Ministry of Education and Training, and post-graduate institutions in their realization of training programs, contents and methodology;

e/ To organize the consideration, approval and compilation of textbooks for common use in collegial and university training institutions.

8. On the mode of non-formal education:

a/ To promulgate the program on illiteracy eradication;

b/ To prescribe the education programs for obtaining diplomas of the national education system in the forms of in-service learning, correspondence learning or guided self-learning.

9. To submit to the Government or the Prime Minister:

a/ Peculiar regimes and policies for teachers and education administrators;

b/ Bracket of school fees, regime of collection and use of school fees; and other incentive policies towards learners;

c/ The regulations on the establishment and operation of foreign education establishments in Vietnam;

d/ The regulations on conferment of honorary titles to teachers and education administrators.

10. To promulgate specific criteria for teachers and education administrators; the regulations on professional training and fostering programs so as to raise the qualifications of, and standardize, teachers and education administrators;

11. To promulgate the regulations on enrolment and management of pupils, students, trainees and research students, including foreign students studying in Vietnam and Vietnamese students studying abroad;

12. To prescribe standards for assurance of education quality; to perform the uniform management over the expertise of education quality;

13. To prescribe the procedures for the granting and withdrawal of diplomas and certificates within the national education system; to prescribe the equivalence between domestically granted diplomas and foreign ones;

14. To expertise and inspect the implementation of investment projects in the fields under its management as prescribed by law;

15. To undertake international cooperation in the field of education as prescribed by law;

16. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances to education and training activities;

17. To decide on specific undertakings and measures and direct the realization of the mechanisms for operation of public-service organizations in the field of education according to law provisions; to manage and direct the operation of non-business organizations under its management;

18. To perform the specific tasks and powers within the rights of the representative of the owner of the State capital portions at the State-invested enterprises operating in the field of education under its management as prescribed by law;

19. To perform the State management over operation of associations and non-governmental organizations in the field of education according to law provisions;

20. To check legal documents of ministries, branches, People's Councils and People's Committees of various levels, which are related to the field of education according to law provisions;

21. To examine, inspect and settle complaints and denunciations, to combat corruption and negative acts and handle law violations regarding education, which fall under its competence;

22. To decide on, and direct the implementation of, its administrative reform program according to the objectives and contents of the State's overall administrative reform program already approved by the Prime Minister;

23. To manage its organizational apparatus and payroll; to direct the realization of wage policies as well as policies on preferential treatment, commendation, rewards and disciplines towards State officials and employees under its management, to provide professional training and fostering for, and build a contingent of, officials and employees in the education field.

24. On the management of assigned finance and assets:

a/ To manage its assigned finance and assets, and organize the execution of allocated budget according to law provisions;

b/ To coordinate with the Ministry of Planning and Investment and the Ministry of Finance in allocating the State budget expenditures for education; make detailed adjustment within the financial limits already approved for education target programs;

c/ To coordinate with the Ministry of Finance in inspecting the ministries, ministerial-level agencies, agencies attached to the Government and provincial/municipal People's Committees in using and managing education funding and other revenue sources according to law provisions.

Article 3.- Organizational structure of the Ministry

a/ Organizations assisting the Minister in performing the State management function:

1. The Department for Pre-school Education;

2. The Department for Primary Education;

3. The Department for Secondary Education;

4. The Department for Vocational Education;

5. The Department for Tertiary and Post-Graduate Education;

6. The Department for Continued Education;

7. The Department for Defense Education;

8. The Department for Pupil and Student Work;

9. The Department for Planning and Finance;

10. The Department for International Cooperation;

11. The Department for Science and Technology;

12. The Legal Department;

13. The Department for Organization and Personnel;

14. The Office;

15. The Inspectorate;

16. The Department for Examination and Expertise of Education Quality.

b/ Non-business organizations under the Ministry:

1. The Institute for Education Strategies and Programs;

2. The Informatics Center;

3. The Education and Time newspaper;

4. The Education magazine.

The Minister of Education and Training shall assume the prime responsibility and coordinate with the Minister of the Interior in formulating plans on reorganizing other non-business units, colleges as well as public, semi-public and people-founded universities under the Ministry of Education and Training, and submitting them to the Prime Minister for decision. Pending decisions on their reorganization and rearrangement, non-business units under the Ministry shall continue operating according to the current regulations.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette and replaces the Government's Decree No. 29/CP of March 30, 1994 on the tasks, powers and organizational structure of the Ministry of Education and Training and other previous provisions contrary to this Decree.

Article 5.- Implementation responsibility

The Minister of Education and Training, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People's Committees shall have to implement this Decree.