Is submission of the Regulations on the organization and operation of pedagogical colleges to the commune-level People's Committee in Vietnam required?

Is submission of the Regulations on the organization and operation of pedagogical colleges to the commune-level People's Committee in Vietnam required?

Under Clause 3, Article 5 of the Charter of Pedagogical Colleges issued with Circular 23/2022/TT-BGDDT:

Regulations on the Organization and Operation of Pedagogical Colleges

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2. The principal of the pedagogical college is responsible for organizing the development of the regulations on the organization and operation of the pedagogical college based on specifying the provisions of this Charter, suitable to the specific conditions of the school and not contrary to current legal regulations. The school's organizational and operational regulations must be widely consulted with management staff, lecturers, learners, school employees, and related parties, ensuring openness, transparency. They must be advised by the scientific and training council and approved by the school council. Based on the school council's resolution, the principal shall sign and issue the regulations on the organization and operation of the pedagogical college, and this must be publicized on the school's official website at least 45 days before implementation.

3. Within 10 working days from the date of signing and issuing the regulations on the organization and operation of the pedagogical college, the principal is responsible for sending to the following agencies:

a) The Ministry of Education and Training;

b) The supervisory agency of the pedagogical college;

c) Department of Education and Training of the provinces, municipalities where the main headquarters of the school is located.

Therefore, the principal is responsible for sending the regulations on the organization and operation of the pedagogical college to:

- The Ministry of Education and Training;

- The supervisory agency of the pedagogical college;

- Department of Education and Training of the provinces, municipalities where the main headquarters of the school is located.

Thus, according to this guidance, the submission of the Regulations on the organization and operation of pedagogical colleges to the commune-level People's Committee in Vietnam is not required.

Is submission of the Regulations on the organization and operation of pedagogical colleges to the commune-level People's Committee in Vietnam required? (Image from the Internet)

Is it required to arrange business establishments for pedagogical colleges in disadvantaged areas of Vietnam?

Under Clause 1, Article 7 of the Charter of Pedagogical Colleges issued with Circular 23/2022/TT-BGDDT:

Organization, establishment, shutdown, dissolution of organizations of pedagogical colleges

1. The organizations of pedagogical colleges include:

a) School Council;

b) Principal, vice principals;

c) Functional departments or specialized sections;

d) Faculties, professional teams;

dd) Scientific and training council and other advisory councils (if any);

e) Practice school or practice base (if any);

g) Branch, research and development organization; public service provider, business establishment, service provider (if any).

2. The establishment, shutdown of the branch of the pedagogical college shall be conducted according to the provisions of the Government of Vietnam regulations on investment conditions and activities in the education sector.

3. The establishment, dissolution of affiliated units, organizations under the pedagogical college, the regulations on the organizational structure, tasks, and powers of each unit, organization shall be implemented in accordance with current legal regulations, provisions of this Charter and must be specified in the organizational and operational regulations of the school.

Thus, Vietnamese law does not distinguish whether pedagogical colleges are in disadvantaged areas or otherwise to arrange public service providers, business establishments, and service providers (if any). That is, there is no mandatory regulation requiring the arrangement of additional business establishments.

What are the regulations on the number and structure of school council members in pedagogical colleges in Vietnam?

Under Clause 2, Article 8 of Circular 23/2022/TT-BGDDT regarding the number and structure of school council members in pedagogical colleges:

- The number of school council members must be an odd number, with a minimum of 15 people, including internal members and external members;

- Internal members include ex officio members and members elected through the delegates' meeting of the pedagogical college.

+ Ex-officio members include the CPV Committee secretary of the school, the principal, vice principals, the president of the Trade Union, and the secretary of the Ho Chi Minh Communist Youth Union of the school;

+ Members elected through the delegates' meeting of the school include representatives of lecturers (occupying a minimum proportion of 25% of the total number of members of the school council) and representatives of public employees, and employees of the school.

- External members must occupy a minimum proportion of 20% of the total number of members of the school council, including:

+ Members representing the agency directly managing the school;

+ Some other external members (not lecturers, permanent management staff of the school) must be those active in sectors related to education, science, technology, production, business within the functions and duties of the school and must not be those having parent, spouse, child, sibling relationships with other members in the school council. These members include: representatives of the local Department of Education and Training where the school is located, leaders, managers, educators, cultural, scientific figures, businesspeople, alumni, representatives of employment units introduced by rooms, departments or equivalent units of the school and must be elected through the delegates' meeting of the pedagogical college.

- The number, structure of members, procedures, and process for selecting members, electing the chairperson and secretary of the school council must be specifically stipulated in the organizational and operational regulations of the school.