Abolishment of 10 legislative documents issued and jointly issued by the Minister of Education and Training of Vietnam in the field of education
Abolishment of 10 legislative documents issued and jointly issued by the Minister of Education and Training of Vietnam in the field of education
On November 28, 2024, the Minister of Education and Training of Vietnam issued Circular 21/2024/TT-BGDDT abolishing legislative documents issued and jointly issued by the Minister of Education and Training of Vietnam in the field of education.
Article 1 of Circular 21/2024/TT-BGDDT stipulates the abolition of certain legislative documents issued and jointly issued by the Minister of Education and Training in the field of education, including:
[1] Joint Circular 35-TT/LB of 1994 by the Ministry of Education and Training and the Ministry of Finance guiding the management of the education and training budget.
[2] Joint Circular 13/1999/TTLT-BGD&DT-BTC-BYT by the Ministry of Education and Training, Ministry of Finance, and the Ministry of Health guiding the implementation of healthcare service policies for foreign students studying in Vietnam.
[3] Decision 28/2005/QD-BGD&DT by the Minister of Education and Training temporarily issuing the Khmer Language Program in primary and lower secondary schools.
[4] Decision 49/2007/QD-BGDDT by the Minister of Education and Training issuing the Training Program for Teachers and Management Personnel on Inclusive Education for Students with Disabilities at the Lower Secondary Level.
[5] Joint Circular 13/2008/TTLT-BGDDT-BLDTBXH-BTC-BNV-UBDT by the Ministry of Education and Training, Ministry of Labor - War Invalids and Social Affairs, Ministry of Finance, Ministry of Home Affairs, and the Committee for Ethnic Minority Affairs guiding the implementation of certain provisions of Decree No. 134/2006/ND-CP dated November 14, 2006, by the Government of Vietnam, stipulating the recruitment policies into educational institutions at the university, college, and intermediate levels within the national education system.
[6] Circular 05/2009/TT-BGDDT by the Minister of Education and Training issuing the Professional Training Program on Inclusive Education Management.
[7] Circular 23/2010/TT-BGDDT by the Minister of Education and Training containing Regulations on the Development Standards for Five-Year-Old Children.
[8] Circular 22/2011/TT-BGDDT by the Minister of Education and Training stipulating Regulations on Science and Technology Activities in Higher Education Institutions.
[9] Circular 12/2013/TT-BGDDT by the Minister of Education and Training issuing the Professional Training Program for Pedagogical Faculty in Higher Education Institutions.
[10] Circular 10/2019/TT-BGDDT by the Minister of Education and Training containing Regulations on the Standards for the Titles of Head and Deputy Head of Education and Training Departments under the People's Committees of districts, quận, district-level towns, cities under a province, and central-affiliated cities.
[11] Circular 13/2019/TT-BGDDT by the Minister of Education and Training containing Regulations on the Standards for the Titles of Director, Deputy Director of Departments of Education and Training under the People's Committees of provinces, central-affiliated cities.
Note: Circular 21/2024/TT-BGDDT abolishing legislative documents issued by the Minister of Education and Training will take effect from January 14, 2025.
Abolishment of 10 legislative documents issued and jointly issued by the Minister of Education and Training of Vietnam in the field of education (Image from the Internet)
What does the legislative document system in Vietnam include?
Pursuant to Article 4 of the Law on Promulgation of Legislative Documents in 2015 (amended and supplemented by Points a and b, Clause 1, Article 1 of the amended Law on Promulgation of Legislative Documents in 2020) specifying the legislative document system as follows:
[1] Constitution
[2] Codes, laws, resolutions of the National Assembly
[3] Ordinances, resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front; joint resolutions between the Standing Committee of the National Assembly, the Government of Vietnam, and the Presidium of the Central Committee of the Vietnam Fatherland Front.
[4] Orders, decisions of the President.
[5] Decrees of the Government of Vietnam; joint resolutions between the Government of Vietnam and the Presidium of the Central Committee of the Vietnam Fatherland Front.
[6] Decisions of the Prime Minister of the Government of Vietnam.
[7] Resolutions of the Council of Judges of the Supreme People's Court.
[8] Circulars issued by the Chief Justice of the Supreme People's Court; circulars issued by the Head of the Supreme People's Procuracy; circulars issued by Ministers, Heads of Ministerial-level agencies; decisions issued by the State Auditor General.
[9] Joint circulars between the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the State Auditor General, Ministers, and Heads of Ministerial-level agencies. No joint circulars are issued between Ministers, Heads of Ministerial-level agencies.
[10] Resolutions of the People's Councils of provinces, central-affiliated cities.
[11] Decisions of the People's Committees at the provincial level.
[12] legislative documents of the local government in special administrative-economic units.
[13] Resolutions of the People's Councils of districts, quận, district-level towns, and cities under a province, central-affiliated cities.
[14] Decisions of the People's Committees at the district level.
[15] Resolutions of the People's Councils of communes, wards, commune-level towns.
[16] Decisions of the People's Committees at the commune level.
What are principles for construction and issuance of legislative documents in Vietnam?
Pursuant to Article 5 of the Law on Promulgation of Legislative Documents in 2015 stipulating the principles for constructing and issuing legislative documents:
Article 5. Principles for constructing and issuing legislative documents
- Ensure the constitutionality, legality, and uniformity of legislative documents within the legal system.
- Adhere to the correct authority, form, order, and procedures for constructing and issuing legislative documents.
- Ensure transparency in the regulations of legislative documents.
- Ensure feasibility, frugality, effectiveness, promptness, accessibility, and ease of implementation of legislative documents; ensure gender equality issue inclusion; ensure the requirements of administrative procedure reform.
[...]
Thus, the principles guiding the construction and issuance of legislative documents include:
- Ensuring constitutionality, legality, and uniformity within the legal system.
- Adhering to the correct authority, form, order, and procedures.
- Ensuring transparency in regulations.
- Ensuring feasibility, frugality, effectiveness, promptness, accessibility, and ease of implementation; ensuring gender equality issue inclusion; ensuring the requirements of administrative procedure reform.
- Ensuring national defense, security, environmental protection, without hindering the implementation of international treaties to which the Socialist Republic of Vietnam is a signatory.
- Ensuring openness and democracy in the reception, feedback, and recommendations of individuals, agencies, and organizations during the construction and issuance process.
