Responsibility for state management of education by commune-level People’s Committees in Vietnam

Responsibility for state management of education by commune-level People’s Committees in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Responsibilities of the Division of Education and Training in Vietnam

Responsibilities of the Division of Education and Training according to Article 13 of Decree 127/2018/ND-CP are as follows:

- Give advice to district-level People's Committees on plans, programs and projects for development of preschool education, primary education and lower-secondary education in the areas under their management in consistent with the provincial education strategy and socio-economic development plan in districts which are sent to the same level People's Council for ratification purpose.

- Send the district-level People's Committees proposals of:

+ functions, duties and rights of the Division of Education and Training under the Government’s regulations and the guidance of the Ministry of Education and Training;

+ authority given to commune-level People's Committees and the Division of Education and Training to carry out one or more than one duty and rights of district-level People's Committees for state management of education;

- Send the Chairpersons of district-level People's Committees proposals of:

+ establishment or permission for establishment, withdrawal of decision on establishment or permission for establishment, acquisition, full or partial division, dissolution, name changing or conversion of education institutions specified in Clause 1 Article 9 in this Decree as per law provisions;

+ establishment of the school’s council, recognition, appointment and dismissal of the Chairperson of such school's council, and supplementation or replacement of members of state school’s councils, recognition or non-recognition of the board of directors, chairperson and deputy chairperson thereof, principles and deputy principles of state and private schools under state management performed by district-level People’s Committees based upon standards for job titles and procedures as regulated by laws;

+ commendation or proposal sent to the competent authority on commendation for organizations and individuals with great contributions to local education;

+ other tasks related to state management of education under the power of Chairpersons of district-level People's Committees.

- Provide guidelines for inspection of compliance with professional regulations, education quality assurance, enrollment, examination, issuance of certificate and diploma, education universalization, illiteracy eradication and establish national standard schools as well as create a learning environment for people in the areas under their management.

Be responsible for representation of educational activities, education quality, teacher and learner management, and implementation of policies on education development under their management to district-level People's Councils and People's Committees and the Department of Education and Training and the whole community.

- Issue a decision on permission for educational activities or suspension of educational activities carried out in ethnic minority boarding schools in districts which do not provide upper-secondary education and education institutions specified in Clause 1 Article 9 of Decree 127/2018/ND-CP.

- Prepare plans and cooperate with the Domestic Affair Division in carrying out the procedure, propose plans for recruitment of educational employees to Chairpersons of district-level People's Committees for ratification purpose, arrange employees according to their job positions, admit, appoint, dismiss, transfer, commend or discipline the heads and deputies of state education institutions specified in Clause 1 Article 9 of Decree 127/2018/ND-CP and ethnic minority boarding schools in districts which do not provide upper-secondary education or change their job positions according to regulations issued by district-level People's Committees.

- Take charge of preparation of annual plans for number of personnel in the Division of Education and Training and state education institutions under management of district-level People's Committees which are sent to the competent authority for ratification purpose. Provide guidelines for implementation and check the use, evaluation, training and re-training of employees in education institutions under management of district-level People’s Committees and implement policies intended for such employees as regulated.

- Make a funding estimate and send it to the Division of Finance and Planning for appraisal purpose, submit the plans for funding allocation to Chairpersons of district-level People's Committees for ratification purpose, give the funding estimate to state education institutions under management of district-level People's Committees and cooperate with the Division of Finance and Planning in providing guidelines and checking the provision and use of state funding and other legal finance sources in education institutions under the areas under their management as regulated.

- Carry out inspection and deal with complaints and denunciation, and handle education-related violations as per law provisions.

- Provide guidelines on state management of education for commune-level People’s Committees.

- Perform statistical work and send notifications and annual as well as irregular reports on education in the areas under their management to district-level People’s Committees and the Department of Education and Training as regulated.

- Carry out other duties as per law provisions.

2. Responsibility for state management of education by commune-level People’s Committees in Vietnam

Responsibility for state management of education by commune-level People’s Committees in Vietnam according to Article 10 of Decree 127/2018/ND-CP are as follows:

- Prepare and submit the plan for education development in communes to the commune-level People's Council, and implement the approved plan.

- Invest or participate in investment in establishment of preschools, primary schools, lower-secondary schools and schools with various educational stages of which the highest stage is lower-secondary education, community education centers according to decisions of district-level People's Committees and cooperate with relevant entities in giving opinions to district-level People's Committees on establishment of national standard schools and land use plans for education institutions in communes.

- Manage community education centers, cooperate with the Division of Education and Training in managing preschools, primary schools, lower-secondary schools, schools with various educational stages of which the highest stage is lower-secondary education, mobilize resources for education development in communes, create a clean educational environment, encourage people to pay more attention to education and cooperate with schools in providing education for children, participate in protection and renovation of historical relics, landscapes, cultural works and works for learning and entertaining activities provided for students.

- Check conditions for assurance of education quality in independent-run nursery groups and preschool classes in communes. Take responsibility for representation of educational activities under their management.  

- Carry out other duties as per law provisions.

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