EDUCATION LAW

(No. 11/1998/QH10 December 2, 1998 )

Education and training is the foremost national policy, the cause of the State and the entire people.
In order to develop education, increase the effectiveness of State management in education with the aim of raising the cultural standard of the population, training the human force, fostering talents in service of the industrialization and modernization of the country and meeting the demand of building and defending the Fatherland with a view to achieving prosperity for the people, building a strong country, an equitable and civilized society;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for the educational organization and activities.

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation of the Education Law

The Education Law provides for the national education system; the schools and other educational establishments of the national education system, of the State administrative agencies, political organizations, political-social organizations, The People’s Armed Forces, and organizations and individuals taking part in educational activities.

Article 2.- Educational aims

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Article 3.- Character and principles of education

1. The Vietnamese education is a socialist education having a people-based, national, scientific and modern character with Marxism-Leninism and the Ho Chi Minh thoughts as foundation.

2. Educational activities must be performed according to the principle of pairing learning with practice, combining education with productive labor, theory with practice, school education with family education and social education.

Article 4.- Requirements in educational contents and method

1. In its contents education must ensure the fundamental, all-round, practical, modern and systematic character, with importance attached to ideological education and education of the civic sense, safeguarding and developing the fine traditions and the identity of the national culture, absorbing the cream of the human culture in a way conformable with the development of the mentality and physiology of the various age groups of learners.

2. In its method education must develop the activeness and the sense of voluntariness, initiative and creative thinking of the learners, foster their capacity of self teaching, zeal of study and will of advance.

3. The content and method of education must be translated into the educational program; the educational program must be concretized into text books and curricula. The educational program, text-books and curricula must conform with the educational goal of each grade, each degree and each level of training, and ensure stability and uniformity.

Article 5.- Language used in the school

1. The Vietnamese language is the official language used in the schools.

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Article 6.- The national educational system

The national educational system comprises:

1. Infant education composed of creches and pre-school education;

2. General education comprises two educational levels: primary education and secondary education; the secondary education comprises two grades, basic secondary education and general secondary education;

3. Vocational education comprises vocational secondary education and job training secondary education;

4. Higher education trains two degrees, college and university degrees; post university education has two levels, Master’s Degree and Doctorate.

The forms of education comprises formal and non formal education.

Article 7.- Diplomas and certificates

1. Diplomas of the national educational system are issued to the learners after graduating from a grade, level or degree of training as provided for by this Law.

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2. Certificates of the national educational system are issued to the learners to certify the result of learning after training or fostering to raise their cultural and professional standard.

Article 8.- Educational development

Educational development must be linked to the needs of socio-economic development, scientific and technological advance and consolidation of national defense and security; ensure the balance of the structure of levels, the structure of branches and professions, the structure of areas and regions; broaden the scope on the basis of ensuring quality and efficiency and combining training with employment.

Article 9.- The right and obligation of citizens to learn

Learning is the right and obligation of citizens.

All citizens without distinction of ethnicity, religion, belief, sex, family origin, social position or economic status are equal in learning opportunities.

The State observes social equity in education and creates conditions so that everybody can afford education. The State and the community provide assistance so that poor people can learn and create conditions for outstanding learners to develop their talents.

The State gives preference to and create conditions for children of ethnic minorities and the families in the areas with exceptionally difficult economic and social conditions, the beneficiaries of preferential policies, the disabled and the beneficiaries of other social welfare policies, to exercise their right and discharge their obligation of learning.

Article 10.- Universalization of education

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2. All citizens within the prescribed age group have the obligation to learn in order to reach the level of universal education.

3. The family has the responsibility to create conditions for all members within the prescribed age group in the family to learn in order to reach the level of universal education.

Article 11.- Socialization of educational work

All organizations, families and citizens have the responsibility to care for the educational work, build the movement of learning and a sound educational environment and coordinate with the school in achieving the goals of education.

The State holds the key role in the development of education; carries out diversification of the types of school and the forms of education; encourages, mobilizes and creates conditions for organizations and individuals to take part in the development of education.

Article 12.- Investment in education

To invest in education is to invest in development.

The State gives preference to investment in education and encourages organizations and individuals in the country, Vietnamese residents in foreign countries and foreign organizations and individuals to invest in education.

The State budget must hold the key role in the total source of investment in education.

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The State exerts unified management of the national educational system with regard to the objective, program, content and plan of education, the criteria of teachers, the regulations on examinations and the system of diplomas.

Article 14.- Role of the teacher

The teacher holds the decisive role in ensuring the quality of education.

The teacher must constantly learn and train in order to set a good example for the learners.

The State organizes the training and fostering of teachers, adopts policies to ensure necessary material and spiritual conditions for teachers to discharge their task, preserve and develop the tradition of respecting the teacher and glorifying the teaching job.

Article 15.- Scientific research

1. The State creates conditions for the school to organize research, apply and popularize science and technology, combine training with scientific research and production aimed at raising the quality of education and serving society, step by step achieving its role as the cultural, scientific and technological center of the locality or of the whole country.

2. The colleges, universities, scientific research institutes and production establishments have the responsibility to coordinate with one another in the training, scientific research and technology transfer in service of socio-economic development.

3. The State adopts the preferential policy of developing research, application and popularization of the educational science. The undertakings and policies on education must be worked out on the basis of the results of research by the educational science in conformity with the practice of Vietnam.

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Not to proliferate religion or conduct religious rites in the school and other educational institutions of the national educational system, of the State administrative offices, of the political organizations and socio-political organizations and of the people’s armed forces.

Article 17.- Forbiddance to misuse educational activities

It is forbidden to misuse educational activities to distort the undertakings, policies and laws of the State, oppose the State of the Socialist Republic of Vietnam, sow division within the bloc of national solidarity, incite violence, make propaganda for wars of aggression, undermine the fine customs and habits, propagate superstition and harmful habits or draw learners into social vices.

All acts of commercialization of education are forbidden.

Chapter II

NATIONAL EDUCATIONAL SYSTEM

SECTION 1. INFANT EDUCATION

Article 18.- Infant education

Infant education carries out the raising, care for, and education of children from three months to six years old.

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The objective of infant education is to help children develop physically, sentimentally, intellectually and aesthetically and form the first elements of their personality, and prepare the children for the first form.

Article 20.- Requirements for the contents and method of infant education

1. The contents of infant education must ensure harmony between raising, caring and education and conform with the psychological and physiological development of the child, help children develop their body in a balanced manner, and become healthy and alert, know how to respect, love and behave politely to their grandparents, parents, teachers and elders, love their brothers, sisters and friends, be honest, brave and unassumed, love the beautiful, eager to know and to go to school.

2. The main method of infant education is to help children through the organization of recreative activities to develop in all spheres; to pay attention to setting example, encouraging and inciting.

Article 21.- Establishments of infant education

The establishments of infant education comprise:

1. Creche and group of baby sitters to care for children from three months to three years old;

2. Infant school and infant class admitting children from three to six years old;

3. "Young bud" school is an educational establishment combining creche and infant school admitting children from three months to six years old.

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Article 22.- General education

General education comprises:

1. Primary education is the compulsory level of education for all children from six to fourteen years old; it is conducted in five school-years from the first to the fifth form. The age of pupils admitted to the first form is six years;

2. Basic secondary education is conducted in four school years from the sixth to the ninth form. Pupils admitted to the sixth form must have the graduation certificate of primary education and be eleven years old;

3. General secondary education is conducted in three school-years from the tenth to twelfth form. Pupils admitted to the tenth form must have the graduation certificate of basic secondary education and be fifteen years old.

The Ministry of Education and Training shall provide for cases where the age to start learning can be higher than prescribed in Items 1, 2 and 3 of this Article.

Article 23.- Objective of general education

The objective of general education is to help the pupils develop in all spheres, ethical, intellectual, physical, aestical, and in the basic abilities aimed at forming the personality of the socialist Vietnamese, building the civic quality and sense of responsibility and preparing the pupils to continue their education to a higher level or to join the working life and taking part in the building and defense of the Fatherland.

Primary education aims to help form the initial bases for the correct and long-term ethical, intellectual, physical and aesthetic development and the basic know-hows for the pupils to proceed to basic general education.

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General secondary education aims to help the pupils consolidate and develop the results of basic secondary education, complete their general education and grasp the common technical and vocational knowledge in order to proceed to university, college or vocational secondary education and job training education or embark on the working life.

Article 24.- Requirements for the contents and method of general education

1. The contents of general education must ensure the popular, basic, all-round, vocational and systematic character, must be associated with the practice of life and conform with the psychology and physiology of the age group of the pupils and meeting the requirements of education of each level and degree of education.

Primary education must ensure that the pupils get simple and necessary knowledge of nature, society and man; get the basic know-how on listening, reading and writing and the calculations, the habit of training physically and observing hygiene, get the initial knowledge of singing, dancing, music and art.

Basic secondary education must consolidate and develop the contents already learned at primary education, ensure that the pupils get the basic general knowledge of the Vietnamese language, mathematics, the national history and other knowledge of social science, natural science, law, informatics, foreign languages and other necessary minimum understanding of technique and vocation.

General secondary education must consolidate and develop the contents already learned at basic secondary education and complete the contents of general education. Besides the main contents aimed at ensuring the standard general, basic, all-round and vocational knowledge for all the pupils, there must also be the content of raising the standard in a number of subjects in order to develop their capacities and meeting their aspirations.

2. The method of general education consists in developing the activeness, voluntariness, initiative and creativeness of the pupils in conformity with the characteristics of each form and subject; fostering the method of self teaching, training their ability to apply knowledge to practice, and impact on the sentiments, bring joy and enthusiasm in studies for the pupils.

3. The contents of the method of general education shall be reflected in the program of education decided and issued by the Ministry of Education and Training.

Article 25.- Text-books

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2. The Ministry of Education and Training shall organize the compilation and ratify the textbooks on the basis of the examinations by the National Text-book Examination Council for official unified and stable use in teaching and study at the schools and other educational establishments.

3. The State manages the publication, printing and distribution of text-books.

Article 26.- General education establishments

The general education establishments comprise:

1. The primary schools;

2. The basic secondary schools;

3. The general secondary schools;

4. The general-vocational technical centers.

Article 27.- Diplomas of general education

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2. The Head of the Education and Training Section at the district, town and city under the province (hereafter commonly called district level) shall issue graduation diplomas of primary education.

The Directors of the Education and Training Services of the provinces and cities directly under the Central Government (hereafter commonly called the provincial level) shall issue graduation diplomas of basic secondary and general secondary education.

SECTION 3. JOB EDUCATION

Article 28.- Job education

Job education comprises:

1. Vocational secondary education is conducted from three to four years for learners having the graduation diploma of basic secondary education, from one to two years for those having the diploma of general secondary education;

2. Job training reserved for those having a cultural standard and health condition suited to the job they need to be trained in. It is carried out for less than one year for the short-term job training programs and from one to three years for the long term job training programs.

Article 29.- Objective of job education

The objective of job education is to train working people with knowledge and professional know-how of different levels, good ethics, professional conscience, the sense of discipline, an industrial style and good health with a view to creating conditions for the working people to have the capacity to find a job and meeting the needs of socio-economic development and strengthening national defense and security.

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Job training aims to train working people having general knowledge and know-how, technical workers and professional personnel.

Article 30.- Requirements for contents and method of job education

1. The content of job education shall concentrate on training the professional acity, paying attention to ethical education, physical training, raising the cultural standard according of the need of training.

2. The method of job education must combine theoretical teaching with training of practical know-how in order to ensure that after graduation the learner can do the job.

3. The content and method of job education must be reflected in the educational program.

The Ministry of Education and Training shall coordinate with the specialized ministries to work out the frame programs of vocational secondary education including the structure of the contents, the number of subjects, the time frame of the subjects, the time ratio between theory and practice and experimentation for each trade and profession of the training. Basing itself on the frame program, the vocational secondary school shall determine its own curriculum.

The State agency managing job training shall determine the principle of working out and organizing the implementation of the job training program.

Article 31.- Curriculum of vocational secondary education and curriculum of long-term job training

1. The curriculum of vocational secondary education and the curriculum of long-term job training must reflect the objective and principle of education, concretize the content and method of education defined in the curriculum of vocational secondary education and the curriculum of long-term job training.

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Article 32.- Job education establishments

1. Job education establishments comprise:

a/ Vocational secondary schools;

b/ Job training schools, job training centers, job training courses (hereafter commonly called job training establishments).

2. Job training establishments may be organized independently or in association with production, business, service establishments and other educational establishments.

Article 33.- Diplomas and certificates of job education

1. Pupils having finished their vocational secondary education program, program of long-term job training and who fill all the conditions prescribed by the Ministry of Education and Training are eligible to sit for exams and, if they pass, shall be issued the graduation diplomas.

Pupils who have finished short-term job education programs, or the programs of fostering job standard at the vocational secondary schools and who fill the conditions as prescribed shall be eligible to take tests for certificates.

2. The Headmasters of vocational secondary schools shall issue diplomas of vocational secondary education, diplomas of job training education and job certificates.

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SECTION 4. UNIVERSITY AND POST-UNIVERSITY EDUCATION

Article 34.- University and post university education

University and post-university education comprise:

1. University education trains the college degree and university degree.

a/ College degree training is conducted in three years for persons having diplomas of general secondary education or diplomas of vocational secondary education;

b/ Doctorate training is conducted in from four to six years depending on the trades and jobs for those having the diploma of general secondary education or diploma of vocational secondary education and from one to two years for those having college diplomas of the same branch.

2. Post-university education trains the master’s degree and doctorate.

a/ Master’s degree training is conducted in two years for persons having university diplomas;

b/ Doctor degree training is conducted in four years for persons having university diplomas, from two to three years for persons having master diplomas. In special cases, the time for training the doctorate may be extended as prescribed by the Ministry of Education and Training;

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Article 35.- Objective of university and post-university education

The objective of university and post-university education is to train persons with good political and ethical qualities, with a sense of serving the people, having the knowledge and capacity to do their jobs corresponding to the level of training, good health and meeting the demand of building and defending the Fatherland.

College degree training helps the students acquire basic professional knowledge and practice know-how about a trade and the capacity to solve ordinary questions in the specialty of their training.

University degree training helps the students have a firm grasp of professional knowledge and practice know-how about a trade and have the capacity to detect and solve ordinary questions in the specialty of their training.

Master degree training helps the learners to grasp the theory, get a high level of practice, have the capacity to detect and solve questions in the specialty of their training.

Doctor degree training helps the post-graduates get a high theoretical and practical level, have the acity to conduct research independently and creatively, solve questions of science and technology and guide activities in specialized domains.

Article 36.- Requirements for contents and method of university and post-university education

The requirements for the contents and method of university and post- university education are provided as follows:

1. For university education:

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College degree training must ensure that the students get the necessary and relatively complete knowledge of basic and specialized science, must pay attention to training the fundamental know-how and capacity to carry out specialized work.

University degree training must ensure that the students get the relatively complete knowledge of fundamental science and specialized knowledge, a scientific method of work, the capacity to apply theory to specialized work.

b/ The method of university education must give importance to fostering the capacity of self teaching and independent research, creating conditions for the learner to develop his creative thinking, train his practical know-how, take part in research, experimentation and application.

c/ The content and method of university education must be reflected in the educational program. The Ministry of Education and Training shall work out the frame program including the content structure of the subjects, the time of training, the rate of distribution of training time among the basic and specialized subjects, between theory, practice and experimentation. On the basis of the frame program, the college and university shall determine the program of education for their school.

2. For post-university education:

a/ The content of post-university education must help the learners develop and complete their knowledge in fundamental science and specialized knowledge, the subjects of Marxism-Leninism and Ho Chi Minh Thought; develop their creative capacity and their capacity to detect and solve questions of the specialties of their training, acquire the capacity to contribute to the development of science and technology and to social-economic development of the country.

Master degree training must ensure that the learners can complement and raise the knowledge they have learned at the university degree, increase their multi-discipline knowledge, have the necessary capacity to carry out their specialized work and scientific research in their specialty.

Doctor degree training must ensure that the post-graduates raise and complete their fundamental knowledge, have deep understanding of their specialty and are able of conducting independently and creatively scientific research in their specialty.

b/ The method of training masters is carried out by the combination of in-class learning with self-teaching, independent research, giving importance to developing the capacity to practice, the capacity of discovery and the settlement of professional matters.

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c/ The content of the method of education in the subjects, specialized subjects, treatises and theses shall be prescribed by the Ministry of Education and Training.

Article 37.- College and university curricula

1. The college and university curricula must reflect the objective and principle of education, concretize the content and method of education defined in the training program of the colleges and universities.

2. The State adopts policies to ensure that all colleges and universities have the necessary curricula.

3. The Ministry of Education and Training shall organize the compilation and ratifying of curricula used for both the colleges and universities. The Headmasters of the colleges and universities shall organize the compilation and ratifying of the curricula for different specialties of each school on the basis of the Curriculum Examination Council set up by the Headmaster for use as official materials for teaching and study at the school.

Article 38.- Establishments for university and post university education

1. The establishments of university and post-university education comprise:

a/ Colleges to train college degree;

b/ Universities to train college and university degrees and the master and doctor degrees when assigned by the Prime Minister;

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2. The concrete model for organization of different types of university shall be prescribed by the Government.

Article 39.- Diplomas of university and post-university education

1. Students having finished the college degree and qualifying as prescribed by the Ministry of Education and Training.

Students having finished the university program and having the conditions prescribed by the Ministry of Education and Training are eligible to sit for examinations and defend their projects and graduation theses and shall be granted the diploma of college degree if they get the pass.

The university graduation diploma of a technical branch is called engineer diploma, of the architecture branch is called architect diploma, of the medical branch is called medical doctor diploma or pharmacist diploma, of the fundamental sciences, teacher’ training, jurisprudence and economy is called bachelor diploma. For the other branches it is called university diploma.

2. Learners who have finished the program of training masters and who meet the conditions prescribed by the Ministry of Education and Training are eligible to defend their theses and if they pass shall be issued the master’s diploma.

Post-graduates who have finished the program of doctor training and who meet the conditions prescribed by the Ministry of Education and Training are eligible to defend their theses and if they meet the requirements shall be issued the doctorate diploma.

3. The Minister of Education and Training shall issue the doctorate diploma.

For the diplomas of masters and diplomas of university graduation and masters degree, the Headmaster of the school shall issue diplomas of such degree as it is allowed to train.

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SECTION 5. MODE OF NON-FORMAL EDUCATION

Article 40.- Non-formal education

Non-formal education is the mode of education to help everyone to work and learn at the same time and to learn continually all the life aimed at perfecting their personality, broadening their knowledge, elevating their cultural, specialization and professional standard in order to improve the quality of life, find a job and adapt to social life.

Article 41.- Requirements for content and method of non-formal education

1. The content of non-formal education shall be reflected in the following programs:

a/ Program of eradication of illiteracy and further education after literacy;

b/ Program of complementary training, periodical fostering and fostering to raise the standard and upgrade knowledge and know-how;

c/ Educational program to meet the demand of the learner;

d/ Educational program to get the diploma of the national educational system in the form of learning while working, correspondence education and self teaching with guidance.

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The educational content of the educational program stipulated at Point d, Item 1 of this Article must conform with the regulations of the Ministry of Education and Training.

3. The method of non-formal education must develop the initiative role and exploit the experience of the learner and give importance to fostering his/her self-teaching capacity.

Article 42.- Establishments of non-formal education

1. The establishments of non-formal education comprises:

a/ Permanent education centers;

b/ Non-formal education is also carried out at the general education and vocational secondary schools, job training centers, colleges and universities, and through the mass media.

The formal education establishments which conduct educational programs in the method of non-formal education must assure their training task; non-formal education can be conducted only for the programs stipulated at Point d, Item 1, Article 41 of this Law and conducted in the formal system with the permission of the competent State educational authority.

2. The centers of permanent education shall not carry out educational programs for diplomas of vocational secondary education and the diplomas of college and university education.

Article 43.- Diplomas and certificates of non-formal education

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a/ They have registered at an educational establishment competent to train the corresponding grade, level or degree;

b/ They have finished the program and meet all the conditions on checking the result of learning and are certified by the educational establishment at the place of registration to be fully qualified to sit for examination as prescribed by the Ministry of Education and Training.

2. Learners having finished the educational programs prescribed at Points a, b and c, Item 1, Article 41 of this Law and meeting the conditions prescribed by the Ministry of Education and Training are eligible to attend the test and shall be issued certificates of non-formal education if they get the pass.

3. Learners having finished the educational program stipulated in Point d, Item 41 of this Law, are eligible for the examinations if they meet all the conditions prescribed by the Ministry of Education and Training. If they get the pass they shall be issued the graduation diplomas of the mode of non-formal education. This mode must be specified on the diplomas. If they meet all the conditions prescribed for a graduation examination in the formal system they shall be qualified to attend the examinations and if they get the pass they shall be issued the graduation diplomas of this formal system.

4. The competence of issuing diplomas of non formal education is prescribed like the competence of issuing diplomas of formal education.

5. The Director of the non-formal educational center shall issue the certificate of non-formal education.

Chapter III

THE SCHOOL AND OTHER EDUCATIONAL ESTABLISHMENTS

SECTION 1. ORGANIZATION AND ACTIVITIES OF THE SCHOOL

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1. The school in the national educational system is established according to the State planning and plan aimed at developing the educational work and is organized in these forms: public, semi-public, people-founded and private.

The schools, whether they are public, semi-public, people-founded or private, are subject to State management by educational managerial agencies according to the division of work and allocation of responsibilities of the Government.

The State creates conditions for the public schools to play the pivotal role in the national educational system, adopts policies to encourage organizations and individuals to open people-founded and private schools to meet the educational needs of society.

2. On the basis of the provisions of this Law, the Government shall make concrete provisions on the organization and activities of the schools of various types.

Article 45.- The school of State administrative agencies, political organizations, socio-political organizations and the people’ armed forces

1. Schools of State administrative agencies, political organizations and socio-political organizations have the duty to train and foster government officials and public servants. Schools of the people’ armed forces have the duty to train and foster officers, non-commissioned officers, professional armymen and defense workers; foster leading government officials and State managerial officials on their tasks and knowledge about national defense and security.

2. The Government shall make concrete provisions on the implementation of this Law for the schools stipulated in Item 1 of this Article.

Article 46.- Conditions for founding

1. Schools shall be authorized to be set up by decision of the competent State authority as provided for in Article 47 of this Law when they ensure the conditions on managerial officials, teachers, school building, equipment and finance as prescribed by the Government.

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Article 47.- Competence in founding, suspending, merging, dividing, splitting and dissolving schools

1. Competence in founding a school is stipulated as follows:

a/ The President of the People’s Committees at district level shall decide to found infant schools, creches, primary schools, basic secondary schools, and semi-boarding general schools for ethnic minorities;

b/ The Presidents of the People’sCommittees at provincial level shall decide the founding of general secondary schools, general boarding schools for ethnic minorities, vocational general schools and job training schools in the province;

c/ The Ministers, the Heads of ministerial-level agencies and agencies attached to the Government shall decide the founding of vocational secondary schools and attached job training schools;

d/ The Minister of Education and Training shall decide the founding of colleges and pre-university schools;

e/ The Prime Minister shall decide the founding of universities.

2. The level of authority which has decided the founding of schools shall have the competence to suspend their activities, to merge, divide, split or dissolve them.

The Government shall make concrete provisions for the procedures to suspend, merge, divide, split and dissolve schools.

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1. Schools are organized and carry out their activities according to provisions of this Law and their Statutes.

2. The school Statute must include the following main contents:

a/ Tasks and powers of the school;

b/ Organization of educational activities at the school;

c/ Tasks and rights of the teachers;

d/ Tasks and rights of the learners;

e/ Organization and management of the school;

f/ Material bases and equipment of the school;

g/ Relations between the school, the family and society.

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Article 49.- Headmaster

1. The Headmaster is the person responsible for managing the activities of the school appointed and recognized by the competent State authority.

2. The Headmasters of the schools in the national educational system must be trained and fostered in the job of managing schools.

3. The criteria, tasks and powers of the Headmaster, the procedures of nominating and recognizing the Headmasters of colleges and universities shall be prescribed by the Prime Minister; for the schools at other degrees and levels of education the Headmasters shall be prescribed by the Minister of Education and Training.

Article 50.- Advisory council at the school

1. The Advisory Council at the school shall be set up by the Headmaster with a view to advising the Headmaster in carrying out the tasks and exercising the powers of the school as prescribed by this Law. The Advisory Council at the infant schools, pre-school establishments, primary schools, basic secondary schools, general secondary schools is called Educational Council, at the vocational secondary schools and job training schools it is called Training Council. At the colleges and universities it is called Scientific and Training Council.

2. The organization and activities of the Advisory Council mentioned in Item 1 of this Article shall be stipulated in the Statute of the school.

Article 51.- Organization of the Party at the school

The organization of the Communist Party of Vietnam at the school leads the school and operates within the framework of the Constitution and law.

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Mass organizations and social organizations shall operate at the school as provided for by law and have the responsibility to contribute to achieving the objectives of education as stipulated in this Law.

SECTION 2. TASKS AND POWERS OF THE SCHOOL

Article 53.- Task and powers of the school

The school has the following tasks and powers:

1. To organize the teaching, studies and other educational activities according to the objective and program of education;

2. To manage the teachers, officials and employees;

3. To recruit students and manage the learners;

4. To manage and use the land, school buildings, equipment and finance as prescribed by law;

5. To coordinate with the families of learners, organizations and individuals in educational activities;

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7. Other tasks and powers as prescribed by law.

Article 54.- Tasks and powers of the vocational secondary schools, colleges and universities in scientific research and social service

1. In addition to the tasks stipulated in Article 53 of this Law, the vocational secondary schools, colleges and universities have the following tasks:

a/ To perform activities of scientific research, application and development of technology, to take part in solving economic and social problems of the locality and the country;

b/ To perform scientific and technology transfer and production and business activities suited to the branches and trades of training as prescribed by law.

2. When performing the tasks defined in Item 1 of this Article, the vocational secondary schools, colleges and universities have the following rights and powers:

a/ To be allocated land by or to lease land from the State, to enjoy tax reduction or exemption, to receive credit loans as prescribed by law;

b/ To join economic, educational, cultural, physical training and sport, medical and scientific research organizations aimed at raising the educational quality and associating training with employment in service of the socio-economic development and supplementing financial resources for the school;

c/ To use revenues from economic activities to invest in building material bases of the school, expand production and business and pay for educational activities according to provisions of law.

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The colleges and universities are given the right to autonomy and self assumption of responsibility as prescribed by law and according to the statute of the school in the following jobs:

1. Working out the programs, curricula, teaching and learning plans for the branches and trades of which training is allowed.

2. Recruiting students according to the targets of the Ministry of Education and Training, organizing the process of training, recognizing graduation and issuing diplomas according to their competence.

3. Organizing the apparatus of the school;

4. Mobilizing, managing and using the various funds aimed at achieving the objective of education;

5. Cooperating with economic, educational, cultural, physical training and sport, medical, scientific research organizations in the country and abroad as prescribed by the Government.

SECTION 3. TYPES OF SPECIAL SCHOOLS

Article 56.- Boarding general schools for ethnic minorities, semi-boarding general schools for ethnic minorities, pre-university schools

1. The State shall set up boarding general schools for ethnic minorities, semi-boarding general schools for ethnic minorities and pre-university schools for children of ethnic minorities, children of families of ethnic minorities in areas with exceptionally difficult economic and social conditions aimed at contributing to creating sources of training public servants for these areas.

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Article 57.- Specialized and special aptitude schools

1. Specialized schools are founded at the general secondary education level for those students who achieve outstanding results in studies aimed at developing their aptitude in a number of subjects on the basis of assuring all-round general education.

2. Aptitude schools in arts, physical training and sports are founded to develop talents of the students in these domains.

3. The State gives priority in the assignment of teachers, material bases, equipment and budget to the specialized schools and aptitude schools. The Ministry of Education and Training shall cooperate with the related branches and ministries in deciding to issue educational programs and organizational statutes for these schools.

Article 58.- Schools and classes reserved for the disabled

The State sets up and encourages organizations and individuals to set up schools and classes reserved for the disabled aimed at helping the latter recover their functions improve their cultural standard, learn jobs and integrate into the community.

Article 59.- Re-education schools

1. Re-education schools have the duty to educate delinquent minors so that the latter can train and develop soundly and become honest people likely to reintegrate into social life.

2. The Ministry of Public Security has the duty to coordinate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs to provide for the educational program for this type of school.

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Article 60.- Other educational establishments

Basing itself on the provisions of this Law, the Government shall make concrete provisions on the founding, organization and activities of other educational establishments.

Chapter IV

TEACHERS

SECTION 1. TASKS AND RIGHTS OF TEACHERS

Article 61.- Teachers

1. A teacher is a person entrusted with the task of teaching and educating at the school or other educational establishments.

2. The teacher must have the following criteria:

a/ Good moral qualities, ethics and ideology;

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c/ Physically fit as required by the profession;

d/ A clear personal history.

3. Teachers at infant educational establishments, general education and vocational establishments are called teachers. At the university and post university establishments they are called lecturers.

Article 62.- Professors and associate professors

Professors and associate professors are titles of teachers who are teaching and training university and post-university degrees.

The Government shall provide for the criteria and procedures of appointing and dismissing the titles of professor and associate professor.

Article 63.- Tasks of teachers

Teachers have the following tasks:

1. To educate and teach according to the objective, principles and programs of education;

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3. To preserve the quality, prestige and honor of the teacher, respect the dignity of the learners, to behave justly with learners, and protect their legitimate rights and interests;

4. To constantly study and train in order to raise their quality, ethics, professional and specialty standard and set good examples to the learners.

5. The other duties as prescribed by law.

Article 64.- Rights of teachers

Teachers have the following rights:

1. To teach according to the specialty in which they are trained;

2. To get training to raise their standard and to be fostered in specialty;

3. To sign contracts on auditioning and carrying out scientific research at other schools, educational and research institutions on conditions of fully carrying out the programs and plans assigned by the school;

4. To take summer vacation, enjoy the Tet holiday (lunar New Year festival), to take a leave between two semesters as stipulated by the Ministry of Education and Training;

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Article 65.- Auditioning

1. The school and other educational establishments are entitled to invite persons who meet the criteria stipulated at Item 2, Article 61 of this Law to come and teach.

2. The person who is invited to audition must carry out the tasks defined at Article 63 of this Law.

3. If they are government officials or public servants, the auditioning person must assure fulfillment of their tasks at their place of work.

Article 66.- Vietnam Teachers Day

The 20th of November each year is the Vietnam Teachers Day.

SECTION 2. TRAINING AND FOSTERING TEACHERS

Article 67.- Standard level of training for teachers

1. The standard level of training for teachers is prescribed as follows:

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b/ Diploma of teacher’s college education for teachers of basic secondary education;

c/ Diploma of teacher’s university education for teachers of general secondary education;

d/ Diploma of teacher’s college or other college education for teachers teaching general subjects, technique and jobs, diploma or job teaching school, artisans, technicians, skilled technical workers for teachers guiding practice at job training schools;

e/ Diploma of teacher’s university or other university diplomas for teachers of vocational secondary schools;

f/ Diploma of university education and higher for teachers teaching at colleges or universities; diploma of master’s degree for teachers teaching or training master of arts, doctorate for teachers training doctors.

2. The Ministry of Education and Training shall provide for the recruitment, fostering and employment of teachers who have not reached the standard level.

Article 68.- Teachers schools

1. Teachers’ schools are founded by the State to train and foster teachers and other educational workers.

2. Teachers’ schools are given priority in the recruitment of teachers, assignment of managerial officials, in investment in building material bases and in the allotment of training cost.

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Article 69.- Training teachers for colleges and universities

The training of teachers for colleges and universities is done according to the mode of preferential recruitment of graduates from universities in the above-average and good categories with good quality and persons having university or post- university level, experienced in practical activities, and who wish to become teachers to continue training in pedagogical specialty and career.

SECTION 3. POLICIES TOWARD TEACHERS

Article 70.- Fostering in specialization and profession

The State adopts policies to foster teachers in specialization and profession to raise their level and stardardize them.

Teachers can be sent to training courses to raise their standard, fostered in specialization and profession and are entitled to receive salary and allowances as prescribed by the Government.

Article 71.- Salary

1. The salary scale and grades of teachers is one of the highest in the system of salary scales and grades of the administrative and non business sector of the State.

2. Teachers receive professional allowances and other allowances as prescribed by the Government.

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1. Teachers and educational management workers working at specialized schools, special aptitude schools, general boarding schools and semi-boarding general schools for ethnic minorities, pre-university schools, schools reserved for the disabled, re-education schools and other special schools shall enjoy the regime of allowances and other preferential treatment policies as provided for by the Government.

2. Teachers and educational management officials working in areas with exceptionally difficult socio-economic conditions shall enjoy lodging conditions created by the People’s Committees of various levels and enjoy the regime of allowances and other preferential policies provided for by the Government.

3. The State adopts policies of rotating teachers working in areas with exceptionally difficult socio-economic conditions, encourages teachers and give preferences to teachers in areas with advantageous conditions to go and work in areas with exceptionally difficult socio-economic conditions, creating conditions for teachers in these areas to feel reassured in their work.

Chapter V

LEARNERS

SECTION 1. TASKS AND RIGHTS OF LEARNERS

Article 73.- Learners

1. Learners are persons currently learning at school or other educational establishments of the national educational system. Learners comprise:

a/ Children of the infant education establishments;

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c/ Students of colleges and universities;

d/ Learners of masters training establishments;

e/ Post graduates of doctors training establishments;

f/ Learners under non-formal educational programs.

2. The stipulations in this Chapter shall apply only to learners mentioned in Points b, c, d, e and f of Item 1 of this Article.

3. Basing itself on the provisions of this Law, the Government shall provide for the rights and policies toward children at the infant educational establishments.

Article 74.- Tasks of learners

Learners have the following tasks:

1. To carry out the task of learning and training according to the educational program and plan of the school or other educational establishments.

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3. To take part in labor and social activities suited to their age group, health and capacities;

4. To preserve and protect properties of the school or other educational establishments;

5. To contribute to the building, protection and development of the tradition of the school or other educational establishments.

Article 75.- Rights of learners

Learners have the following rights:

1. To be respected and treated equally by the school or other educational establishments, to be fully informed about their studies.

2. To learn before age, to skip classes, to learn in shorter periods than prescribed by the program, to repeat classes as prescribed by the Ministry of Education and Training;

3. To take part in activities of the mass organizations and social organizations in the school or other educational establishments as prescribed by law.

4. To use equipment and means in service of educational, cultural, physical training and sport activities of the school or other educational establishments;

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6. To enjoy preferential policies of the State in the recruitment to State agencies if they graduate with excellent marks and display good ethics.

Article 76.- Obligations of learners at State-run colleges and universities

1. Graduates of State-run colleges and universities, persons who are sent to follow university and post-university programs abroad and who receive State-supplied scholarships or are funded by foreign countries under agreements signed with the State have to obey the assignment of the State to work for given periods. In case of failure to comply they have to pay back the scholarships and training cost.

2. The Government shall make concrete provisions for the time of work under assignment by the competent State authority, the time to wait for job allocation and the level of repayment of scholarships and training cost defined in Item 1 of this Article.

SECTION 2. POLICIES TOWARD LEARNERS

Article 77.- Scholarships, social allowances

1. The State adopts policies of issuing scholarships to encourage studies to learners with results in studies and training from the above-average category at the vocational educational establishments, university education, post university education; issuing policy scholarships to students of the appointment recruitment system, students of the pre-university schools, general boarding schools for ethnic minorities, job training schools reserved for war invalids and disabled persons.

2. The State adopts policies of subsidizing and exempting or reducing tuitions for learners beneficiaries of the social policies, members of ethnic minorities in areas with exceptionally difficult socio-economic conditions, orphans and helpless people, invalids meeting with economic difficulties, persons with exceptionally difficult conditions who overcome difficulties and pursue learning.

3. Pupils and students of the teachers training service, learners at teachers training courses exempt from tuition, shall be given priority in considering the granting of scholarships and/or social allowances stipulated in Items 1 and 2 of this Article.

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Article 78.- Appointment recruitment system

1. The State recruits students into universities and vocational secondary schools according to the appointment-recruitment system with regard to children of ethnic minorities in areas with exceptionally difficult socio-economic conditions in order to train officials and public servants for those areas.

2. Learners in the appointment recruitment system must after graduation obey the bidding of the competent State agency which has sent them to studies. The minimum period of work in the locality shall be prescribed by the People’s Committee of provincial level which sends the learner to the school or course. Failing to obey the bidding and allocation of work, the learners shall have to reimburse the scholarships and training cost as prescribed by the Government.

3. The agency which sends persons to a school or course and the agency receiving the learners according to the appointment-recruitment system must send and receive the learners according to the prescribed criteria. The sending agency has the duty to receive and assign work to the learners after graduation.

Article 79.- Educational credit

Learners at the vocational educational establishments, university and post university establishments who meet economic difficulties shall receive loans from the Educational Credit Fund of the Bank to carry out their studies.

Article 80.- Exemption and reduction of public service fees for pupils and students

Pupils and students enjoy the regime of exemption or reduction of fees when using public services in medical care, transport, entertainment, visiting museums, historical relics and cultural monuments as provided by the Government.

Chapter VI

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Article 81.- Responsibility of the school

The school has the responsibility to take the initiative in coordinating with the family and society to achieve the objective and principles of education.

Article 82.- Responsibility of the family

1. Parents or tutor have the responsibility to raise, care for and create conditions for their children or the tutored person to study, train and take part in activities of the school.

2. All members of the family have the responsibility to build a cultured family, create a favorable environment for all-round development, ethical, intellectual, physical, aesthetic of children. Adults have the responsibility to educate and set example for children and together with the school raise the quality and efficiency of education.

Article 83.- Rights of parents or tutor of pupils

Parents or tutors of the pupils have the following rights:

1. To ask the school to inform them of the result of studies and training of their children or the tutored persons.

2. To take part in educational activities according to the plan of the school; to take part in the activities of parents and tutors of pupils organized by the school;

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Article 84.- Responsibility of society

1. State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people’s armed forces units and all citizens have the responsibility :

a/ To help the school organize educational activities and scientific research activities and create conditions for teachers and learners to make visits, practice tours and conduct scientific research;

b/ To help build a movement of learning and a sound educational environment, to prevent activities that badly affect the youth, youngsters and children;

c/ To create conditions for learners to entertain themselves, conduct healthy cultural, physical training and sport activities;

d/ To contribute human, financial and material resources to the educational work according to their capacity.

2. The Vietnam Fatherland Front, member organizations of the Front have the responsibility to urge the entire people to care for the educational cause.

3. The Ho Chi Minh Communist Youth Union has the responsibility to coordinate with the school in educating the youth, youngsters and children, urging its members and the other youth to be exemplary in studies, training and taking part in the development of educational work.

Article 85.- Education promotion fund, education support fund

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Chapter VII

STATE MANAGEMENT OF EDUCATION

SECTION 1. TENURE OF STATE MANAGEMENT AND THE AGENCY EXERCISING STATE MANAGEMENT OF EDUCATION

Article 86.- Tenure of State management of education

The tenure of State management of education comprises:

1. To build and direct the execution of the strategy, planning, plans and policy of educational development;

2. To issue and organize the execution of the statutory legal documents on education; to issue the Statute of the school; to issue the regulations on the organization and activities of the other educational establishments;

3. To stipulate the objective, program and content of education, criteria of teachers, criteria of the material bases and equipment of the school; the compilation, publication, printing and distribution of text books and teaching curriculum, the regulations on examinations and the granting of diplomas;

4. Organizing the managerial apparatus of education;

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6. To mobilize, manage and use of various resources to develop education;

7. To organize, and manage scientific and technology research in the educational service;

8. To organize and manage the international relations work in education;

9. To provide for the conferment of honor titles to persons with meritorious services to the education cause;

10. To supervise or inspect the observance of legislation on education; to settle complaints and denunciations and handle law-breaking acts in education.

Article 87.- State management agency in education

1. The Government exercises unified State management over education

The Government shall submit to the National Assembly draft proposals before deciding major undertakings that affect the learning rights and obligations of citizens in the whole country, undertakings on reforms of contents of the program of a whole degree or level of education; each year it shall report to the National Assembly on educational activities and the implementation of the educational budget.

2. The Ministry of Education and Training is answerable to the Government for the implementation of State management of education.

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The Government shall make concrete provisions for the responsibility of the ministries, ministerial-level agencies and agencies attached to the Government in coordinating with the Ministry of Education and Training to carry out unified State management of education

4. The People’s Committees at various levels shall conduct State management of education in the localities as prescribed by the Government.

SECTION 2. INVESTMENT IN EDUCATION

Article 88.- Financial sources to invest in education

Financial sources to invest in education comprise:

1. State budget;

2. School fees; contributions to the building of schools and classrooms; revenue from consultant activities, technology transfer, production business and service of the educational establishments; other funding from organizations and individuals in the country and abroad as prescribed by law.

Article 89.- State budget to finance education

1. The State gives first priority to the allocation of the budget for education, ensures an increasing proportion of the State budget for education as required by the development of the educational cause.

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3. The financial agency has the responsibility to allocate full, timely educational expenditures conformable with the progress of the school year. The educational management agency has the responsibility to manage and effectively use the educational budget allocated to it and other sources of revenue as prescribed by law.

Article 90.- Priority investment in building schools

The ministries, the ministerial-level agencies, the agencies attached to the Government, People’s Councils and People’s Committees at various levels have the responsibility to incorporate the building of schools, and the constructions of physical training, sport, culture and art in service of education into the planning and plan of using land, the plan for capital construction, and to give priority of investment in the building of schools and boarding houses in their plans of socio-economic development.

Article 91.- Encouragement to invest in education

1. The state encourages and creates conditions for organization and individuals to contribute to and fund education. The contributions and funding from enterprises for education shall be accounted into the reasonable expenditures of the enterprises; the contributions of enterprises and individuals shall not be accounted into taxable income as prescribed by the Government.

2. The expenditures of economic organizations to open schools and courses for training at the establishments, coordinating in training with the schools and scientific research institutes, sending persons for training and receiving new technology in service of the needs of their own units shall be incorporated into production, business and service expenditures.

3. The school and other educational establishments shall enjoy priority treatment in the land use right, credit and tax exemption or reduction as prescribed by the Government.

4. Organizations and individuals investing in the building of constructions catering to education, that donate money or materials in kind to develop education shall be considered for recognition in appropriate forms.

Article 92.- School fees, recruitment fee, contribution to building schools

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The Government shall provide for the school fee frame and the mechanism of collecting and using school fees for all types of school and other educational establishments on the principle of non egalitarianism, exemption and reduction of school fees for the beneficiaries of social policies and poor people.

The People’s Councils at provincial level shall base themselves on the school fee frame of the Government to decide the level of collection of school fee and recruitment fee for the schools and other educational establishments in the province on the basis of the proposal of the People’s Committee of the same level.

The Ministry of Education and Training, and the Ministry of Finance shall base themselves on the prescriptions of the Government on school fees to direct the collection and use of school fees and recruitment fees at the schools and other educational establishments directly under the Central Government.

2. The People’s Councils at various levels shall base themselves on the need of educational development, the economic situation and the ability of contribution of the local population to decide the level of contribution to the building of schools and classrooms on the basis of consulting the people and the proposal of the People’s Committee of the same level.

Article 93.- Preferential taxation in publication of textbooks and production of teaching aids and toys

The State shall adopt preferential tax policies in the publication of textbooks, curricula and teaching materials; production and supply of teaching aids, children toys, in the import of books, newspapers, materials, teaching aids and research equipment used in the school and other educational establishments.

SECTION 3. INTERNATIONAL RELATIONS IN EDUCATION

Article 94.- International relations in education

The State shall expand and develop the international relations in education on the principle of respect for the national independence and sovereignty, equality and mutual benefit.

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1. The State encourages and creates conditions for the schools and other educational establishments of Vietnam to cooperate with foreign organizations and individuals and Vietnamese residents abroad to teach, study and conduct scientific research.

2. The State encourages and creates conditions for Vietnamese citizens to go abroad to study, teach and conduct research and academic exchanges either by self funding or with funding from organizations or individuals in the country or with funding from foreign organizations and individuals.

3. The State shall use its budget to send persons qualified in quality and ethics and standard to study and conduct research abroad in key trades and domains in service of the building and defense of the Fatherland.

Article 96.- Encouragement to cooperation in education with Vietnam

1. Foreign organizations and individuals, international organizations, Vietnamese residents abroad are encouraged by the Vietnamese State which shall create conditions for them to teach, study, invest, fund, cooperate, apply scientific advances, transfer technology in education in Vietnam; they have their legitimate rights and interests protected according to Vietnamese law and the international conventions which the Socialist Republic of Vietnam has signed or acceded to.

2. The cooperation in training, opening schools and other educational establishments by Vietnamese residents abroad, or by foreign organizations and individuals and international organizations on Vietnamese territory shall be prescribed by the Government.

Article 97.- Recognition of foreign diplomas

1. The recognition of diplomas of Vietnamese issued by foreign countries shall conform with the prescriptions of the Ministry of Education and Training and the international conventions which the Socialist Republic of Vietnam has signed or acceded to.

2. The Minister of Education and Training takes responsibility for signing agreements on correspondence of diplomas or mutual recognitions of diplomas with other countries and international organizations.

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Article 98.- Educational inspection

Educational inspection is specialized inspection in education.

The organization and operation of the Educational Inspectorate shall be prescribed by the Government.

Article 99. -Task of Educational Inspectorate

The Educational Inspectorate has the following tasks:

1. To inspect the observance of legislation on education;

2. To inspect the realization of the objective, plan, program, contents and method of education, the technical statute, the examinations regulations, the issuing of diplomas and certificates, the realization of the prescriptions on the necessary conditions to ensure the educational quality at the educational establishments;

3. To certify, conclude and make recommendations on the settlement of the complaints and denunciations concerning educational activities; to propose to the competent State agencies to handle violations of the law on education;

4. To propose measures to ensure enforcement of the law on education; to propose amendments and supplements to policies and regulations of the State on education.

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When conducting inspection, the Educational Inspectorate has the following powers:

1. To request the concerned persons and related parties to supply documents and evidences and answer necessary questions directly related to the inspection;

2. To draw the inspection report, to propose measures of settlement with regard to the wrong doings;

3. To take measures to prevent and handle violations as prescribed by law.

Article 101.- Responsibility of the Educational Inspector

When conducting an inspection, the Educational Inspector has the following responsibilities:

1. To produce the inspection decision and the Inspector Card;

2. To observe the order and procedures of inspection, to refrain from causing nuisances or hindrances to normal educational activities or cause damage to the legitimate interests of the teachers and learners;

3. To report to the competent agency on the result of inspection and propose measures of settlement;

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Article 102.- Rights of the inspected

When the Educational Inspector conducts the inspection, the inspected has the following rights:

1. To request the Inspector to produce the inspection decision, the Inspector Card and strictly observe legislation on inspection;

2. To appeal denounce and file suits to the competent State agency about the inspection decision, the acts of the Inspector and the conclusion on inspection which he/she has the ground to believe not right;

3. To ask for compensation for damage caused by the measures of settlement at variance with law of the Inspection Team or the Inspector.

Article 103.- Responsibility of the inspected

When the Educational Inspector conducts the inspection, the inspected has the following responsibilities:

1. To carry out the request of the Inspection Team or the Inspector;

2. To create conditions for the Inspector to carry out his/her task;

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Chapter VIII

REWARD AND HANDLING OF VIOLATIONS

Article 104.- Awarding the honor title of People’s Teacher and Merit Teacher

Teachers, educational management officials, educational researchers who are qualified as prescribed by law shall be awarded the honor title of People’s Teacher or Merit Teacher by the State.

Article 105.- Awarding organizations and individuals with good records in education

Organizations and individuals with good contributions to the educational cause shall be awarded as prescribed by law.

Article 106.- Awarding the learners

Learners with good records in studies and training shall be awarded by the school, another educational establishment or an educational management agency. In case of especially outstanding records it shall be rewarded according to provisions of law.

Article 107.- Awarding the title Honor Doctor

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Article 108.- Handling violations

Anyone taking one of the following acts shall be, depending on the nature and extent of the violation, be subject to discipline, administrative sanction or examined for penal liabilities. If it causes damage he/she has to pay compensation as prescribed by law:

1. To illegally set up an educational establishment;

2. To violate regulations on organization and activities of the school or other educational establishments;

3. To add or omit on its own initiative subjects and contents of teaching already included in the educational program; distort the educational contents;

4. To publish, print and distribute textbooks illegally;

5. To make fake dossier, to violate the statutes on recruitment, examinations and the issue of diplomas and certificates;

6. To infringe upon the dignity and body of the teachers; maltreat and persecute the learners;

7 To cause disorder and loss of security and order in the school or other educational establishments;

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9. To cause damage to the material bases of the school or other educational establishments;

10. Other violations of the education law.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 109.- Implementation effect

This Law takes effect from the 1st of June, 1999.

All earlier regulations contrary to this Law are now annulled.

Article 110.- Guidance for implementation

The Government shall provide detailed guidance for the implementation of this Law.

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THE NATIONAL ASSEMBLY




Nong Duc Manh