Nghị định 86/2022/NĐ-CP chức năng nhiệm vụ quyền hạn và cơ cấu tổ chức của Bộ Giáo dục - The first knowledge sharing application in Vietnam

THE GOVERNMENT
OF VIETNAM
——-

THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.: 86/2022/ND-CP

Hanoi, October
24, 2022

DECREE

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

Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;

Pursuant to the Government’s Decree No.
123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers
and organizational structures of ministries and ministerial agencies, and the
Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing
amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01,
2016;

At the request of the Minister of Education and
Training of Vietnam;

The Government promulgates a Decree prescribing
the functions, tasks, powers and organizational structure of the Ministry of
Education and Training of Vietnam.

Article 1. Position and functions

The Ministry of Education and Training of Vietnam
is a governmental agency in charge of performing the state management of
preschool education, general education, professional secondary
education in pedagogy, pedagogical colleges, higher education and
continuing education in educational objectives, programs, contents and methods;
regulations on examination, admission, training, and diplomas/degrees
and certificates; development of teachers and education managers;
textbooks, syllabi and teaching materials; infrastructure
facilities and equipment; education quality assurance and accreditation; state
management of Vietnamese language and minority languages; state management of
public services within the scope of its management.

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The Ministry of Education and Training of Vietnam
shall perform its tasks and powers as prescribed in the Government’s Decree No.
123/2016/ND-CP dated September 01, 2016 and the Government’s Decree No.
101/2020/ND-CP dated August 28, 2020, and the following specific tasks and
powers:

1. Regarding legislation

a) Submit the following documents to the
Government, including bills and draft resolutions of the National Assembly,
draft ordinances and draft resolutions of the Standing Committee of the
National Assembly, draft decrees of the Government according to annual
law-making programs and plans, and other resolutions, projects and schemes as assigned
by the Government or the Prime Minister;

b) Obtain the Government’s opinions about bills and
ordinances submitted by regulatory authorities, organizations or members of the
National Assembly to the National Assembly or Standing Committee of National
Assembly in the fields and sectors under its management;

c) Request the Government to decide measures for
organizing the implementation of the Constitution, laws, resolutions of the
National Assembly, ordinances and resolutions of the Standing Committee of the
National Assembly, orders and decisions of the President of Vietnam as assigned
by the Government or the Prime Minister;

d) Submit draft decisions, directives and other
documents as assigned to the Prime Minister;

dd) Promulgate circulars and other legislative
documents on state management of fields and sectors within the scope of its
management; instruct and inspect the implementation of such documents;

e) Promulgate Joint Circulars with the Chief
Justice of the Supreme People’s Court, and the Prosecutor General of the
People’s Supreme Procuracy on cooperation between the Ministry of Education and
Training of Vietnam and the Supreme People’s Court, and the People’s Supreme
Procuracy in implementing procedures relating the scope of its management;

g) Direct and organize the dissemination of
information and education about laws in the fields within the scope of its
management;

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2. Regarding strategies, master
plans and plans

a) Submit the following documents to the Government
or the Prime Minister, including annual, medium-term and long-term development
plans, master plans, strategies, national target programs, national programs,
national action programs, and nationally significant projects within the scope
of its management; publish (except contents classified as state secrets) and
organize the implementation of strategies, master plans and plans after they
have been approved; mechanisms and policies for mobilization of social
resources for developing the education and training sector, building a learning
society, and classifying students for educational purposes;

b) Submit the following documents to the Prime
Minister for approval, including master plans for development of higher
education institutions and pedagogical institutions; master plans for
development of special educational institutions for disabled persons, and
inclusive education support and development centers;

3. Regarding educational
objectives, programs and contents

a) Instruct and organize the fulfillment of
educational objectives conformable with educational levels and training
qualifications of the national educational system within the scope of its
management;

b) Promulgate preschool education programs;
stipulate standards, compiling and editing processes of preschool education
programs;

c) Promulgate general education programs; stipulate
standards, compiling and editing processes of general education programs;
stipulate upper secondary education knowledge to be accumulated by students
having lower secondary diplomas to attend vocational secondary programs in
vocational education institutions;

d) Stipulate continuing education programs;

dd) Stipulate the formulation, appraisal and
promulgation of training programs of higher education and pedagogical college
levels; promulgate the list of training majors of higher education;

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4. Regarding state management
of Vietnamese language and minority languages

a) Play the leading role and cooperate with
relevant Ministries and regulatory authorities in formulating and submitting
regulations on policies for development and preservation of Vietnamese language
and minority languages to the Government for promulgation;

b) Provide instructions on learning Vietnamese
language for foreign citizens and overseas Vietnamese.

5. Regarding textbooks,
syllabi and teaching materials

a) Stipulate standards and selection of toys and
learning materials used in preschool education institutions;

b) Stipulate standards, compiling and editing
processes of textbooks of general education; stipulate selection of textbooks
in general education institutions;

c) Stipulate textbooks, syllabi and teaching
materials of continuing education;

d) Stipulate compilation, selection, appraisal,
approval and use of teaching materials and syllabi of higher education and
pedagogical college.

6. Regarding examination,
testing, admission, training, and diplomas/degrees and certificates

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b) Stipulate examination, testing, admission,
training, joint training and management of degrees/diplomas and certificates of
the national educational system within the scope of its management;

c) Stipulate recognition of degrees/diplomas issued
by foreign educational institutions for use in Vietnam.

7. Regarding teachers and
education managers

a) Stipulate standards of titles and working
principles of teachers and education managers; the framework list of job
positions and staff quota in education institutions;

b) Stipulate standards of heads and deputy heads of
preschool education institutions, general education institutions, continuing
education institutions, and pedagogical colleges;

c) Promulgate professional standards of
teachers; develop professional standards of job titles-based improvement
training programs for lecturers, teachers and persons working in the education
field;

d) Promulgate codes of conduct for teachers, for
educational institutions;

dd) Request the Prime Minister to stipulate
standards, procedures for appointment and dismissal of the titles of professor
and associate professor;

e) Promulgate within its competence or request
competent authorities to promulgate policies for teachers; manage and instruct
the implementation of policies for training, improvement and benefits of
teachers and education managers within the scope of its management.

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a) Request the Government to promulgate policies
for learners under its management; cooperate with the Ministry of Finance of
Vietnam to formulate and request competent authorities to promulgate
preferential credit policies for students;

b) Stipulate in-school and out-of-school teaching
and educational activities; stipulate assessment of study and training results;
commendation and disciplinary actions against learners.

9. Regarding management of
infrastructure facilities and equipment

a) Formulate and promulgate within its competence
or request competent authorities to promulgate standards
and use quota of infrastructure facilities, library and
equipment of schools in accordance with regulations of law;

b) Stipulate standards and usage quota of
specialized machinery and equipment; standards and usage quota of
specialized areas of non-business works under its management.

10. Regarding finance, assets
and public investment

a) Make annual budget estimates, 03-year state
budget-financial plans of the Ministry of Education and Training of Vietnam;
allocate its annual budget; perform rights and responsibilities of the owner’s
representative of public property under its management as prescribed by law and
as assigned by the Government; cooperate with the Ministry of Finance of
Vietnam in formulating spending regimes, standards and limits of state budget
for education and training; cooperate with the Ministry of Finance of Vietnam
and relevant Ministries and regulatory authorities in consolidating state
budget estimates, plans for allocation of annual central-government budget,
05-year financial plans, 03-year state budget-financial plans, and annual
budget statements in the field of education and training; inspect and monitor
the implementation of state budget in the field of education and training;

b) Promulgate and instruct the implementation of
standards, norms and use regimes of public property under its management or
assigned in accordance with regulations of law on management and use of public
property; instruct procedures and formulate, appraise and promulgate
technical-economic norms in the field of education and training under its
delegated management; instruct methods for setting education and training
service prices in the field of education and training; disclose and make
reports on management and use of public property under its management in
accordance with regulations of law;

c) Develop its annual and medium-term public
investment plans, issue decisions on investment guidelines and decisions on
investment projects under its management as prescribed in the Law on public
investment; manage and execute public investment projects under its management
as prescribed by law; monitor, inspect, assess and supervise the implementation
of plans, programs and projects under its management, and perform other rights
and tasks as assigned by the Government or the Prime Minister or as prescribed.
Make reports on disbursement, cost statements of tasks and projects funded by
public investment funding sources as prescribed;

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dd) Appraise pre-feasibility study reports and
feasibility study reports of programs, projects and schemes in the fields and
sectors under its management;

e) Perform rights, responsibilities and obligations
of the state owner with regard to state-owned enterprises and state capital
portions invested in other enterprises in accordance with regulations of law.

11. Regarding education
quality assurance

a) Promulgate standards of higher education
institutions, standards of training programs at different levels of higher
education;

b) Stipulate conditions, processes and procedures
for opening and suspension of training majors at different levels of higher
education and pedagogical college;

c) Stipulate determination of enrolment targets of
pedagogical college, university education, master education and doctoral
education;

d) Direct and instruct the performance of education
quality assurance tasks by education and training institutions under its
management.

12. Regarding education
quality accreditation

a) Stipulate standards for education quality
evaluation; procedures and schedule of education quality accreditation at
educational levels and training qualifications under its management; operating
rules, conditions and standards of organizations and individuals providing
education quality accreditation services; consider licensing education quality
accreditation operations; issue and revoke certificates of education quality
accreditation;

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c) Issue establishment decisions or grant license
for establishment and operation, suspension of operation, and dissolution of
education quality accreditation organizations; issue and revoke decisions on
recognition of operation of foreign education quality accreditation
organizations in Vietnam; stipulate supervision and assessment of education
quality accreditation organizations;

d) Manage activities of accreditation of training
programs and educational institutions. Provide guidelines for organizations,
individuals and educational institutions on evaluation and accreditation of
education quality; inspect and evaluate the implementation of regulations on
education quality accreditation.

13. Regarding management of
education and training institutions

a) Promulgate charters and regulations on
organization and operation of preschools, primary schools, lower secondary
schools, upper secondary schools, multi-level schools, continuing education
institutions, special schools, pedagogical colleges and other educational
institutions under its management;

b) Request the Government to stipulate conditions,
procedures and authority to establish or grant license for establishment, grant
license for and suspend educational operation, issue decisions on merger,
split-up, split-off and dissolution of educational institutions,
branches/campuses of higher education institutions; issue decisions on naming
or renaming of of higher education institutions; conversion of universities
into parent universities and establishment of schools affiliated to higher
education institutions; association of universities for establishing parent
universities; conversion of private higher education institutions into
non-profit private higher education institutions;

c) Issue decisions on licensing or suspension of
educational operation of higher education institutions, their branches/campuses
and institutes established by the Prime Minister in accordance with the
provisions of the Law on Science and Technology and other educational
institutions as prescribed by law.

14. Regarding international
cooperation

a) Request the Government to decide policies and
measures for strengthening and developing relationship with other countries and
international organizations; signing, acceptance, approval, or accession and
measures for ensuring the implementation of international conventions on
educational matters under its management in the name of the State or the
Government;

b) Organize negotiation and signing of
international conventions with authorization of competent regulatory
authorities, and organize the implementation of international cooperation plans
or international conventions on educational matters under
its state management to which Vietnam is a signatory;

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d) Request the Government to promulgate regulations
on foreign cooperation and investment activities in the education
field;

dd) Manage and instruct educational institutions
under its management to get international cooperation in teaching, training,
development of technical infrastructure facilities, scientific research and
technology transfer in the education field;

e) Promulgate or request competent authorities to
promulgate regulations on management of operation of educational institutions
involving foreign elements in Vietnam;

g) Promulgate regulations on management, and
provide guidelines for educational institutions under its management with
regard to training and management of foreigners studying in Vietnam;

h) Perform state management of Vietnamese citizens
studying, teaching, performing scientific research and academic exchange abroad
within the scope of its state management of education.

15. Regarding science,
technology and environmental protection

a) Promulgate or request competent authorities to
promulgate regulations on science and technology, environmental protection
education in educational institutions;

b) Organize the performance of the tasks of
science, technology and innovation, environmental protection education; manage
and effectively use science and technology resources in the field of education
and training in accordance with regulations of law.

16. Regarding emulation and
commendation in education branch

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b) Request the Government to award the titles of
“Nhà giáo nhân dân” (“People’s Teacher”) and “Nhà giáo ưu tú” (“Meritorious
Teacher”);

c) Organize emulation movements and perform
emulation and commendation affairs in the education branch.

17. Regarding public services

a) Manage prices of services in the field of
education and training in accordance with regulations of law;

b) Develop and issue technical-economic norms and
cost norms (if any) as the basis for setting unit prices or prices of public
services funded by state budget in the fields and sectors under its management
in accordance with regulations of law on pricing and relevant laws which shall
establish grounds for assigning tasks, placing orders or organizing bidding for
provision of public services in accordance with regulations of law;

c) Provide guidelines for implementation of
policies and laws on support for providers of public administrative services in
the fields and sectors under its management.

18. Regarding statistics and
specialized database establishment

a) Organize and direct the performance of
statistical tasks in education; collect, consolidate, analyze, manage, retain
and disclose statistical information in education field; establish and
promulgate the system of statistical indicators and statistical reports in the
education branch;

b) Establish the specialized education database;
make connection and sharing of data in accordance with regulations of law.

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a) Formulate and submit to competent authorities
for promulgation, or directly promulgate regulations, mechanisms and policies
on application of information technology and digital transformation in
the field of education and training;

b) Provide guidelines for application, monitoring,
supervision and assessment of application of information technology and digital
transformation in the field of education and training.

20. Regarding inspection tasks

a) Carry out inspection of policies and laws in the
fields and sectors under its management;

b) Carry out inspection of the compliance by
ministries, ministerial agencies, Governmental agencies and People’s Committees
at all levels with laws in the fields and sectors under its management;

c) Resolve complaints, denunciations and
propositions of relevant organizations and individuals about education matters
under its management; organize receipt of citizens in accordance with
regulations of law;

d) Discharge the responsibility to manage the imposition
of penalties for administrative violations against regulations on education in
accordance with regulations of law.

21. Decide and instruct the
implementation of its administrative reform programs according to the
objectives and contents of the state administration reform program approved by
the Government or the Prime Minister.

22. Perform state management
of non-governmental organizations or associations engaged in the fields and
sectors under its management in accordance with regulations of law.

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24. Perform other tasks and
powers as assigned by the Government or the Prime Minister or as prescribed by
law.

Article 3. Organizational structure

1. Early Childhood Education
Department.

2. Primary Education
Department.

3. Secondary Education
Department.

4. Higher Education
Department.

5. Physical Education
Department.

6. Ethnic Education
Department.

7. Continuing Education
Department.

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9. Political Education and
Student Affairs Department.

10. Personnel and Organization
Department.

11. Planning and Finance
Department.

12. Educational Facilities
Department.

13. Science, Technology and
Environment Department.

14. Legal Affairs Department.

15. Office of the Ministry.

16. Inspectorate.

17. Quality Control
Department.

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19. Information Technology
Department.

20. International Cooperation
Department.

21. Vietnam National Institute
of Educational Sciences.

22. Education Times.

23. Journal of Education.

The organizations referred to in Clauses 1-20 of
this Article are Departments of the Ministry in charge of assisting the
Minister in performing the state management functions; the organizations
referred to in Clauses 21-23 are public administrative units serving the
Ministry’s performance of state management functions.

The Minister of Education and Training of Vietnam
shall request the Prime Minister to promulgate the list of other public
administrative units affiliated to the Ministry.

The Minister of Education and Training of Vietnam
shall issue decisions defining the functions, tasks, powers and organizational
structure of departments/units of and affiliated to the Ministry in accordance
with regulations of law, except those under the jurisdiction of the Prime
Minister.

Article 4. Transition

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Article 5. Effect

1. This Decree comes into
force from November 01, 2022.

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

Article 6. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of
Governmental agencies, and Chairpersons of provincial People’s Committees are
responsible for the implementation of this Decree.

ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER

Pham Binh Minh