Thông tư 35/2021/TT-BGDĐT quy định biên soạn, lựa chọn và sử dụng tài liệu giảng dạy, giáo trình giáo dục đại học

CIRCULAR

Prescribing the compilation, selection, appraisal, approval, and use of teaching materials and textbooks for higher education

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Pursuant to the Law on Education dated June 14, 2019;

Pursuant to the Law on Higher Education dated June 18, 2012 and the Law dated November 19, 2018 Amending and Supplementing a Number of Articles of the Law on Higher Education;

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

Pursuant to the Government's Decree No. 99/2019/ND-CP dated December 30, 2019 detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education;

At the proposal of the Director of the Higher Education Department;

The Minister of Education and Training hereby promulgates a Circular prescribing the compilation, selection, appraisal, approval, and use of teaching materials and textbooks for higher education.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes the compilation, selection, appraisal, approval, and use of teaching materials and textbooks for higher education.

2. This Circular applies to higher education institutions, other educational institutions permitted to provide higher education programs; academies and institutes established by the Prime Minister under the Law on Science and Technology, which are permitted to provide doctoral-level programs (hereinafter referred to as "education institutions"), and relevant organizations and individuals.

3. For general textbooks used in political theory and national defense - security subjects, the Ministry of Education and Training shall organize the compilation thereof for teaching and learning in higher education institutions.

Article 2. Interpretation of terms

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

1. Teaching materials include textbooks, lecturers' lectures, and reference materials.

2. A textbook means the main material for teaching, learning, and research of a course, compiled, selected, appraised, approved, and used by an education institution in accordance with this Circular and relevant law regulations.

3. A lecture means a document prepared by a lecturer for teaching an assigned course, based on the detailed syllabus of the course, the official textbook, the course's learning outcome standards, and the training program.

4. Reference materials mean reference books, monographs, translated books, manuals, exercise books, and other published materials; articles, scientific works, and materials announced domestically and internationally, including electronic materials used by lecturers and learners in the teaching, learning, and scientific research process; materials that help lecturers and learners learn and improve their knowledge or learn about each section or the entire course in the training program.

Article 3. General requirements

1. The compilation, selection, appraisal, approval, and use of teaching materials and textbooks for higher education must comply with the Law on Intellectual Property, the Law on Publishing, and other relevant law regulations.

2. Published teaching materials used by lecturers and learners for teaching, learning, and researching a course in a training program within an education institution must not use names that lead to misunderstanding about the purpose of the materials.

Article 4. Requirements for textbooks

1. A textbook means the main material used by an education institution for lecturers and learners in teaching, learning, and researching a course in the training program. Textbooks must be published in book form, and the name given to a textbook must not lead to misunderstanding that such textbook is used generally among education institutions.

2. Textbooks must specify the requirements for knowledge, skills, and attitudes in each course of the training program, training major, and training level, meeting the requirements for innovating teaching methods and testing and evaluating learning outcomes, and ensuring training quality.

3. Details of textbooks must be consistent with the objectives and details of the training program, ensuring knowledge and skill standards and meeting the learning outcome standards of the course.

4. Knowledge in textbooks must be presented scientifically and logically, ensuring a balance between theory and practice; consistent with reality and updated with new knowledge of science, technology, economic development, and social progress that has been verified and recognized.

5. References quoted in textbooks must have clear sources and annotations, be appropriate and meet the objectives of the textbook, ensuring compliance with relevant law regulations.

6. The language used to compile textbooks must be Vietnamese or a foreign language and must be consistent with the language used to teach the course.

7. The education institution shall prescribe the details, structure, form, and specific requirements for its textbooks, ensuring consistency, uniformity, and compliance with relevant law regulations.

Article 5. Requirements for lectures

1. Lectures must have details that are consistent and unified with those specified in the detailed syllabus of the course and the official textbook, meeting the learning outcome standards of the course and the requirements of the training program.

2. Lectures must have specific contents, a list of reference materials, illustrative examples, guiding questions for review, discussion directions, application exercises, and new knowledge shall be regularly updated and supplemented thereto in order to ensure that lectures are increasingly scientific, modern, and practical, thereby meeting training requirements. Lecturers compile lectures in the language used to teach the course and are responsible for the professional contents of the lectures.

3. The education institution shall prescribe the details, form, and specific requirements for lectures for each course of the training program, training major, and training level; regulations on the rights and responsibilities of lecturers and the education institution, ensuring consistency, uniformity, and compliance with relevant law regulations.

Article 6. Requirements for reference materials

1. Reference materials must have the full name of the author, publisher, year of publication, or specific, clear annotations about its origin, and contents suitable for the training major and training program. They should be regularly supplemented with new materials to help lecturers and learners understand and supplement the knowledge or learn more about each section or related courses in the training program.

2. The language of reference materials should be suitable for lecturers and learners to use for research, teaching, and learning conveniently.

3. The education institution shall prescribe the specific requirements for reference materials of the institution for each course of the training program, training major, and training level, ensuring consistency, uniformity, and compliance with relevant law regulations.

Article 7. Use of textbooks and materials for teaching

1. For already-published textbooks, education institutions are allowed to provide, distribute, gift, donate, lease, exchange, lend, use as shared materials, or provide to open educational resources to bring publications to users, ensuring compliance with relevant law regulations.

2. Approved textbooks of the education institution must be used as the main materials for lecturers and learners in teaching, learning, and researching the course, where one textbook can be used for multiple courses with appropriate content or courses with similar contents.

3. For undergraduate training, the education institution must ensure that each course has at least one textbook as the main material for lecturers and learners in teaching, learning, and researching the course, where the contents of the textbook must be equal to at least 70% of the knowledge of the course to be taught.

4. For master's training, the education institution must ensure that there are textbooks as the main materials for lecturers and learners in teaching, learning, and researching each course of the training program. In cases where there are no textbooks for a course, the education institution must ensure that there are teaching materials to replace textbooks, where the contents of the textbook or teaching materials to replace the textbook of each course must be equal to at least 70% of the knowledge of the course to be taught.

5. For doctoral training, the education institution must ensure that there are textbooks or teaching and research materials (instead of textbooks) for lecturers and learners for each content or topic of the training program, including monographs and published scientific works related to the content or topic of teaching, learning, and research of lecturers and learners, meeting the requirements of the training program, ensuring consistency with the objectives and contents of the training program, ensuring knowledge and skill standards, and meeting the learning outcome standards of the training program.

6. Textbooks used in education institutions must be compiled, selected, appraised, and approved in accordance with this Circular and relevant law regulations. Teaching, learning, and research materials (instead of textbooks) for lecturers and learners used in education institutions must be approved in accordance with the regulations of the education institution, ensuring compliance with relevant law regulations.

7. Based on the goals, teaching contents, and learning outcome standards of the training program and major, the education institution shall publicly disclose textbooks and teaching, learning, and research materials for each content, topic, and course in the training program, arranged in order of priority.

8. The education institution shall specify the rights and responsibilities of its units and organizations, lecturers, and learners in using textbooks and teaching materials for each content, topic, and course of the training program, training major, and training level.

Article 8. Use of lectures and reference materials

1. Lecturers' lectures must be provided to learners before, during, or after class to facilitate their learning and research. The director, president, or principle of the education institution (collectively referred to as the head of the education institution) shall regulate the contents and format of lectures, and the provision of lectures to learners.

2. Reference materials must be publicly disclosed with the name of the material, year of publication, place of publication, or the link to access to the data source on the Internet. New materials should be regularly added for lecturers and learners to know and use in the teaching and learning process, while ensuring that lecturers and learners can easily and conveniently access and use them.

3. The education institution shall specify the procedures for putting lectures and reference materials into use in teaching and learning within the institution; regulations on the use, supervision, rights, and responsibilities of lecturers, learners, and relevant parties in providing and accessing lectures prepared by lecturers and reference materials for each course of the training program, training major, and training level, and regulations on the disclosure and level of disclosure of lecturers' lectures.

Article 9. Fundings for compilation, selection, appraisal, approval, and use of teaching materials and textbooks

1. The fundings for compiling, selecting, appraising, approving, and using teaching materials and textbooks shall be covered by the education institution from legal income sources, sponsorships, and other grants.

2. The detailed expenditure and level of expenditure for compiling, selecting, appraising, approving, and using teaching materials and textbooks shall comply with applicable law regulations and be specified in the regulations of the education institution.

Chapter II

COMPILATION AND APPRAISAL OF TEXTBOOKS

Article 10. Identification of textbooks to be compiled and selected

1. The head of the education institution shall arrange the identification of the list of necessary textbooks to be used as official teaching, learning, and research materials of the education institution for each course of the training program, training major, and training level, including existing textbooks, textbooks to be compiled, and supplementary textbooks to be selected depending on the needs of the education institution, and publicly disclose the textbooks to be compiled and selected.

2. The education institution shall specify the requirements and procedures for identifying textbooks to be used, textbooks to be compiled or selected, and the plan for compilation and selection to meet the needs of the education institution.

Article 11. Compilation of textbooks

1. The head of the educational institution shall arrange the compilation of the textbooks deemed necessary, in accordance with Article 10 of this Circular. This can be done through assigning tasks, placing orders, or bidding, involving units and individuals both inside and outside the educational institution, ensuring compliance with the institution's regulations and relevant law regulations.

2. The editor-in-chief, co-editor-in-chief and compilers assigned to compile the textbook shall follow the detailed outline of the textbook. They shall be held liable to the educational institution and competent State authorities for the textbook's contents and must provide explanations when requested.

3. Compiled textbooks must meet the requirements specified in Articles 3 and 4 of this Circular and other requirements as prescribed by the education institution.

4. The education institution shall specify the requirements, standards, and criteria for compiled textbooks and the textbook compilation process; regulations on the standards, composition, and number of members participating in textbook compilation; regulations on the rights and responsibilities of the education institution, authors, compilers, editors-in-chief or co-editors-in-chief, and relevant parties in the compilation of textbooks of the education institution.

Article 12. Appraisal and publication of textbooks

1. The head of the education institution shall establish an appraisal council to appraise the draft textbook that has been compiled in accordance with Article 11 of this Circular.

2. Members of the appraisal council are scientists both inside and outside the educational institution, possessing high professional qualifications relevant to the textbook content. They should also be prestigious and experienced in teaching and hold master's degrees or higher for appraising undergraduate textbooks as well as doctoral degrees or the title of associate professor or higher for appraising master's and doctoral textbooks. Members who have participated in compiling the textbook shall not participate in the appraisal council for such textbook they compiled.

3. The appraisal council shall organize the appraisal of the draft textbook in accordance with the regulations of the education institution and relevant law regulations. During the appraisal process, the appraisal council may invite some delegates who are not members of the appraisal council to attend the appraisal sessions if deemed necessary. The opinions of members outside the appraisal council are for reference only, and such members do not participate in voting or deciding on matters within the functions and tasks of the appraisal council.

4. The appraisal council shall assess and specifically conclude the levels of compliance with the requirements specified in Articles 3 and 4 of this Circular, as well as other requirements prescribed by the educational institution. These conclusions shall be translated into specific requirements for the textbook under appraisal. The council shall then propose to the head of the educational institution the publication of the textbook. The appraisal council shall be held liable to the education institution and competent State authorities for the professional suitability of the appraised textbook and obligated to provide explanations when requested.

5. Based on the appraisal results and the recommendations of the appraisal council as prescribed in Clause 4 of this Article, the head of the education institution shall organize the finalization of the draft textbook and arrange its publication for use in teaching, learning, and research for the course within the training program at the education institution.

6. The education institution must specify the structure, composition, number, and standards of members participating in the textbook appraisal council, including members outside the institution. It must also prescribe regulations on organization, operation, appraisal process, working principles, appraisal results, responsibilities, and powers of the appraisal council, its members, and relevant parties.

Article 13. Appraisal and selection of already-published books as textbooks

1. Based on proposals from specialized departments and lecturers, the head of the education institution shall establish an appraisal council and organize the appraisal of books compiled by groups or individuals, domestically or internationally, that have been published and are suitable for the purpose and requirements of the education institution. These books will be selected as textbooks for teaching, learning, and researching courses within the training program of the institution. The appraisal of published books to be selected as textbooks shall be conducted in the same manner as the appraisal of draft textbooks that are newly compiled, as prescribed in Clauses 1, 2, 3, 4, and 6, Article 12 of this Circular.

2. Based on the appraisal results and the recommendations of the appraisal council as prescribed in Clause 1 of this Article, the head of the education institution shall decide to select published books for use as textbooks for teaching, learning, and researching courses within the training program of the education institution.

3. The education institution shall specify and publicly disclose the requirements, criteria, conditions, and procedures for textbook selection, as well as the responsibilities and powers of the education institution and relevant parties in the textbook selection process.

Article 14. Approval of textbooks

1. The head of the education institution shall review and decide to approve the use of textbooks that have been compiled, appraised, and published in accordance with Article 12 of this Circular, or books that have been appraised and selected in accordance with Article 13 of this Circular. These approved textbooks will be used by lecturers and learners in teaching, learning, and researching courses within the training program of the education institution.

2. The education institution shall specify the requirements and procedures for approving the use of compiled, appraised, and published textbooks or appraised and selected books as textbooks within the education institution. It shall also prescribe the rights and responsibilities of the person competent to make such approval and relevant parties in the approval and implementation of textbooks, ensuring compliance with the regulations of the education institution and relevant law regulations.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 15. Formulation and implementation of regulations of education institutions

Pursuant to this Circular and other relevant law regulations, the head of the education institution shall:

1. Direct the development, issuance, and implementation of internal regulations on the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials for higher education levels, including joint training programs with foreign countries in Vietnam to grant higher education degrees, which shall be based on the advice of the scientific and training council, and other relevant internal management regulations of the education institution. They may be more specific and require higher standards but must not contradict this Circular, ensuring consistency, uniformity, and compliance with applicable law regulations. The regulations must also specify and implement prohibited contents and acts in the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials for higher education levels, ensuring compliance with the Law on Intellectual Property, the Law on Publishing, and relevant law regulations.

2. Disseminate and guide lecturers, learners, and relevant units, organizations, and individuals on the regulations of the education institution and relevant law regulations related to the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials for higher education levels; disseminate and guide learners on their rights and responsibilities to access and use textbooks, lectures, and reference materials from the beginning of the course.

3. Organize internal inspection and audit of the implementation of plans and regulations of the education institution and other tasks related to the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials of the education institution for each course of the training program, training major, and training level; be subject to inspection, audit, and supervision of the Ministry of Education and Training and competent State authorities in accordance with the law regulations.

Article 16. Public disclosure and archiving

1. The education institution shall publicly disclose the regulations of the education institution and other regulations related to the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials for higher education on the website of the education institution no later than 30 days before implementation. The list of textbooks and reference materials shall be publicly disclosed on the website of the education institution.

2. The education institution shall archive and safely store documents related to the compilation, selection, appraisal, approval, and use of textbooks, lectures, and reference materials within the education institution for higher education levels in accordance with the law regulations.

Article 17. Effect

1. This Circular takes effect from January 21, 2022, and replaces the regulations on the compilation, selection, appraisal, approval, and use of textbooks for higher education levels in Circular No. 04/2011/TT-BGDDT dated January 28, 2011, of the Ministry of Education and Training on the compilation, selection, appraisal, approval, and use of textbooks for higher education.

2. Chief of the Ministry’s Office, Director of the Higher Education Department, heads of relevant units under the Ministry of Education and Training; presidents, principals, and directors of education institutions shall be responsible for implementing this Circular.