CIRCULAR

PROMULGATING REGULATION ON ORGANIZATION AND OPERATION OF PRIVATE PRIMARY SCHOOLS, MIDDLE SCHOOLS, HIGH SCHOOLS AND COMBINED SCHOOLS

Pursuant to the Law on education dated June 14, 2019;

Pursuant to the Government’s Decree No. 69/2017/ND-CP May 25, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government’s Decree No. 46/2017/ND-CP April 21, 2017 prescribing regulatory requirements for educational investment and business operation;

Pursuant to the Government’s Decree No. 127/2018/ND-CP dated September 21, 2018 determining responsibility for state management of education;

At the proposal of the Director General of Primary Education Department, the Director General of Secondary Education Department;

The Minister of Education and Training hereby promulgates a Circular promulgating regulation on organization and operation of private primary schools, middle schools, high schools and combined schools.

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Article 2. This Circular comes into force as of February 14, 2022.

The Circular supersedes Circular No. 13/2011/TT-BGDDT dated March 28, 2011 of the Minister of Education and Training on issuance of the regulation on organization and operation of private primary schools, lower secondary schools, upper secondary schools and combined secondary schools

Article 3. The Presidents of the People’s Committees of provinces, the Directors of Education and Training Departments, the Heads of Education and Training Divisions, the principals of private primary schools, middle schools, high schools and combined schools, relevant organizations and individuals shall be responsible for implementation of this Circular.

PP. MINISTER
DEPUTY MINISTER




Nguyen Huu Do

REGULATION

ON ORGANIZATION AND OPERATION OF PRIVATE PRIMARY SCHOOLS, MIDDLE SCHOOLS, HIGH SCHOOLS AND COMBINED SCHOOLS
(Issued together with Circular No. 40/2021/TT-BGDDT dated December 30, 2021 of the Minister of Education and Training)

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GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Regulation promulgates organization and operation of private primary schools, middle schools, high schools and combined schools, including: organization and management of private schools; teachers, officials, employees and students; facilities, finance and property; inspection and education quality assessment, commendation and actions against violations.

2. This Regulation applies to private primary schools, middle schools, high schools and combined schools (hereinafter referred to as "private schools"), relevant organizations and individuals.

Article 2. Position of private schools in national education system

1. Private schools shall be educational institutions of national education system which are invested; guaranteed conditions for operation by domestic investors or foreign investors; and are established and operated under permission of competent agencies.

2. The school’s facilities and operating expenses are not covered by state budget.

3. Each school has legal status and a separate account and stamp.

Article 3. Duties, entitlements of private schools

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2. Private schools shall exercise autonomy and self-responsibility for implementation of plans for development of education activities, recruitment and development of teaching staff, mobilization, use and management of resources for compulsory education objectives.

3. Private schools shall send regular or irregular reports as prescribed and at the request of the competent managing authorities.

4. Private schools shall fulfill other duties and exercise other rights as prescribed in regulations of law.

Article 4. Incentive policies

Private schools shall be allocated or leased land or facilities by the State, allocated budget when performing tasks assigned by the State; and benefited from incentive policies on tax, credit and other incentive policies as prescribed in regulations of law.

Article 5. Decentralization

1. Chairpersons of the People's Committees of districts shall issue the establishment decision and the district-level People's Committees shall be in charge of management of primary schools, middle schools and combined schools (in which the middle school is the highest level)

2. Chairpersons of the People's Committees of provinces shall issue the establishment decision and Departments of Education and Training shall be responsible for management of high schools and combined schools (in which the high school is the highest level) Departments of Education and Training shall cooperate with the People's Committees of districts in management and organization of relevant educational activities of combined schools (in which the high school is the highest level).

3. The decentralization of private schools invested by foreign investors shall comply with regulations of the Law.

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ORGANIZATION AND MANAGEMENT

Article 6. Organizational structure of private schools

Each private school must have school council; Control Board; Principal and Deputy Principal(s); Board of emulation and commendation; Discipline Committee; Advisory Boards; affiliate of the Communist Party of Vietnam; affiliate of trade union; affiliate of Ho Chi Minh Communist Youth Union; affiliate of Ho Chi Minh Young Pioneer Organization; specialized teams; office team; and units in charge of educational activities characteristic of the school and other necessary activities as required by the mission of the private schools.

Article 7. School council

1. The school council of a private school shall manage the school, exercise the right of representation of the investors and relevant interested parties and implement the investors’ decisions

2. Composition of school council

a) The school shall be composed of investor representatives and in-school and out-school members elected in an investor conference and decided according to the proportion of contribution.

b) The non-profit private school shall be composed of investor representatives elected and decided by investors according to the proportion of contribution; and in-school and out-school members. In-school members shall include standard members and voted members. Standard members are the secretary of the Party Executive Committee, principal, chairperson of trade union and secretary of the Ho Chi Minh Communist Youth Union. Voted members are representatives of teachers and staff elected in a plenary meeting or delegate meeting of the school. Out-school members shall include representatives of leaders, managers, educators, entrepreneurs and alumni elected in a plenary meeting or delegate meeting of the school.

c) The school council shall have a chairperson, a secretary and other members, and an odd number of members between 05 and 15. The council’s tenure shall be 05 years.

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a) Pursuant to composition of the school council in Clause 2 herein, the investor or owner conference shall decide the number of members of school council; appoint or elect investor representatives, in-school and out-school members; elect the president of school council; make a report in order to request the competent authority specified at Point b of this Clause to issue a decision on recognition for the school council and the president of school council.

b) The Chairpersons of district-level People's Committees shall issue decision on recognition for the school council and the president of school council of primary schools, middle schools and combined schools (in which the middle school is the highest level). Director of the Department of Education and Training shall issue decision on recognition for the school council and the president of school council of high schools, combined schools (in which the high school is the highest level) The council secretary shall be appointed by the council chairperson.

The school council and the president of school council of the private cool invested by foreign investors shall be recognized under decision of the competent authority which gives permission for establishment of the school

c) On an annual basis, if there is any change to the council’s members, the investor or owner conference shall send a proposal for decision on school council strengthening to the competent authority.

d) The private school that has already had a Board of Directors shall be responsible for convert the Board of Directors into the school council according to regulations in this Clause within 6 months from the effective date of this Circular.

4. Duties and entitlements of the school council;

a) Resolve the school’s development objectives, plans, vision and strategies, projects and submit them to the invertor or owner conference for approval;

b) Resolve regulation on organization and operation of the school and submit them to the investor or owner conference for approval;

c) Approve the plan on organizational structure and problems regarding the organization and personnel of the school according to the proposal of the principal; request addition, dismissal or discharge of members of the school council; propose the recognition, dismissal or discharge of the principal or deputy principal of the school, submit them to the investor or owner conference for approval and the competent authorities for consideration and decision on recognition;

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dd) Supervise implementation of the school council’s resolutions, the management of finance and property of the school and implementation of democratic regime in the school activities.

5. Operation of school council

a) The school council shall convene at least three times a year.

b) A meeting session shall be recognized as valid when at least three fourths of the council members attend (including the council chairperson).

c) Where necessary and at the request of the principal or over a half of the council members, the council chairperson has the right to convene an irregular meeting to resolve issues arising while the school fulfills its duties and exercises its rights. The council may hold a meeting by requesting written opinions. The council may invite representatives of other groups of people to a meeting if necessary.

d) A resolution by the school council shall be passed and come into force with the approval of at least two thirds of the present members. Resolution issued by the school council shall be declared publicly.

Article 8. The Control Board

1. The control board of a private school shall be elected by the investor or owner conference. The control board shall have a head and members. The Control Board shall consist of 3 through 5 members, including representatives of investors, teachers, employees and parents of students. The control board must have at least one member proficient in accounting.

2. The Controller may not concurrently hold the position of the member of the school council, the principal or the chief accountant; may not be the parents, spouses, or children of the member of the school council, the Principal, and the Chief accountant.

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4. The control board has following rights and duties:

a) Inspect and observe the operation of the school, the school council, the leaders and organizations in the school.

b) Inspect and observe all financial activities of the school and carry out the public financial regime.

c) Send their regular notifications of operation results and reports, decisions, requests to the school council before they are ratified at the investor or owner conference.

d) Send reports on results of inspection and observation of operation of the school to the investor or owner conference at the meetings of the investor or owner conference.

dd) Exercise other rights and fulfill other obligations as prescribed in the Regulation on organization and operation of the school.

Article 9. School principal, deputy principal (s);

1. School principal

a) The principal of a private school shall manage and direct the school's operations and take responsibility for the school’s educational quality.

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c) The tenure of a principal

The tenure of the principal shall be 05 years. In case of the private school with a foreign principal, the principal's tenure shall comply with the work permit and not exceed 5 years.

Each person may not hold the Principal position concurrently in two private schools.

d) Duties and rights of principal

- Formulate the school’s development planning; the school’s organizational and operational regulations; and the school’s annual education plans, which shall be proposed to the school council for approval and implementation;

- Organize teaching activities and other activities according to regulations, ensure the quality, comply with regulations of the Law and the plan approved by the school council in order to achieve goals of developing the school;

- Implement the school council's resolutions; organize and administer professional activities, ensure the quality of education and operation of the school within their duties and rights;

- Sign labor contracts with teachers and staff in case of being authoritized by the investor or owner conference; appoint and dismiss group leaders and vice-leaders, reward and discipline teachers, staff and students in accordance with regulations of the Law after approval of the school council;

- Make estimates and annual budget settlement then submit them to the investor or owner conference for approval and implement according to regulations; send regular reports to the investor or owner conference; school council and the competent agencies related to financial activities and operation of the school;

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- Attend the meetings of the school council (if he/she is not a member) without voting right; report teaching activities to the school council, the investor or owner conference; reserve his/her opinions different from the decision of the school council then send report to the superior education authority for consideration.

- Perform other duties and rights as prescribed per the law.

2. Deputy principal

a) Perform management and direction tasks assigned by the principal; direct the school’s operation when authorized by the principal.

b) A person who is appointed or recognized as a deputy principal of a private school shall meet the standards specified in Point b Clause 1 of this Article.

c) The tenure of a private school’s deputy principal shall be 05 years

d) Duties and rights of deputy principal

- Perform tasks assigned or authorized by the principal;

- Join meetings of specialized teams; self-learn to improve professional capacity and managerial capability

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a) The Chairpersons of district-level People's Committees shall issue decision on recognition for the school’s principal and deputy principal (s) of primary schools, middle schools and combined schools (in which the middle school is the highest level). Directors of the Department of Education and Training shall issue decision on recognition for the principal and deputy principal (s) of high schools, combined schools (in which the high school is the highest level)

b) The principal and deputy principal (s) of the private school invested by foreign investors shall be recognized by the competent authority which gives permission for establishment of the school

Article 10. Education programs

1. The private school must carry out the education programs according to regulations of the Law.

2. The private school must carry out academic year plans according to regulations of the Ministry of Education and Training. The private school, including middle schools and high schools, shall apply similar duration of duty to the public schools, in addition, it may extend the duration of duty provided that it does not exceed 4 weeks per year.

Chapter III

TEACHERS, OFFICIALS, EMPLOYEES AND STUDENTS

Article 11. Standards, rights and duties of teachers, officials and employees

1. Each teacher, official and employee of a private school must meet requirements for professional standards, standardized educational qualifications as prescribed by the Law on Education, the Charter of private schools and other regulations of the Law.

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Article 12. Requirements pertaining to tenured teacher rate and quota on teachers and employees

1. The private school must ensure that the ratio of number of tenured teachers to total number of teachers in the first school year shall comply with the regulations on the public schools as follow: primary schools: 90%; middle schools and high schools: at least 40%.

2. The number of teachers and employees of the private school may not be smaller than the quota on teachers, employees for each grade as prescribed in regulations of the State.

Article 13. Recruitment of administrative officials, tenured teachers and employees

1. Administrative officers, tenured teachers and employees of the private school shall not be officials and civil servants of the state; they shall be recruited by the school and conform to working conditions and policies according to regulations of the Law on Education and the Charter of private schools and other regulations of the Law

2. Tenured teacher is a teacher who is recruited by the school and signs a labor contract with a term of 36 months or an indefinite-term contract under the Labor Code; is not working under a labor contract with a term of 03 months or more with other employers.

Article 14. Duties and rights of students

The students of the private school have rights and duties as prescribed in the Charter of private schools; and benefit from policies as prescribed in the state.

Chapter IV

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Article 15. Facilities

The private school must ensure conditions for facilities and equipment as prescribed in the Charter of private schools and regulations on education equipment promulgated by the Ministry of Education and Training.

Article 16. Finance and property

1. Financial regime: The private school shall operate according to the principle of financial autonomy, carry out regimes for accounting, auditing, tax, asset valuation and disclose finance in accordance with regulations of the Law.

2. Financial sources of private schools include:

a) Contributed capital of the organizations or individuals establishing the school and other legal sources of mobilization;

b) Tuition fees collected from students according to regulations of the Law on Education and regulations of the Law;

c) Deposit interests at the bank, the State Treasury and institutions;

d) Investments, grants, aid and gifts from domestic and foreign organizations or individuals according to regulations of the Law;

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e) Assistance from the budget when performing tasks assigned by the State;

g) Other lawful receipts.

3. Expenditures include:

a) Salaries, allowances, wages, bonuses and payments for social insurance, health insurance and unemployment insurance to employees; expenditures on training courses for teaching staff, officials and employees of the school;

b) Administrative management;

c) Investments in construction and repair of facilities, rents for facilities (if any); purchase of materials and teaching equipment;

d) Depreciation of fixed assets;

dd) Payments of interests of loans and stakes

e) Tax liabilities to the regulatory agency;

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h) Other expenditures as prescribed and regulations on finance approved by the investors not contrary to regulations of law.

4. Property of private schools includes:

a) Initial property of contributing partners;

b) Property acquired during the operation of the school;

c) Property acquired from donation, gift or grant, non-refundable aid.

5. Management of finance and property:

a) The private schools shall collect tuition fees and other receipts in accordance with the Law on Education and relevant provisions; manage finance, accounting, tax payment and perform other financial obligations as prescribed by law;

b) Finance and property of the private schools acquired from the receipts as prescribed in Clause 2 and Clause 4 of this Article. Finance and property acquired from donation, gift, grant, or non-refundable aid during the operation of the school shall not be distributed to any individual, they are only used for common interests of the school;

c) The school must formulate the regulations on finance. The regulations shall be ratified by the investor or owner conference and then it shall be approved by the Chairperson of the School Council;

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dd) The school shall formulate regulations on the use of property, annually, establish a committee on physical inventory and evaluation of property and reinvestment and supplement of property. If the property is conversed or transferred or the teaching activities are suspended, the school shall establish a board of asset liquidation, carry out the physical inventory and submit to the investor conference for approval; refund capital to contributing partners according to regulations;

e) The school shall comply with regulations of the State on mobilization and use of capital, receipts and expenditures, distribution of income; execute the inspection of the superior financial agency on use of funding, increases and decreases in capital source of the school, registration of increases and decreases in capital source according to regulations of the Law. The capital withdrawal and transfer shall comply with regulations of the Law on contributions and investment and ensure the development and stabilization of the school;

g) The receipts of the private school shall be used to pay for the activities of the educational institution, fulfill obligations to the state budget, set up the development investment fund and other funds of the educational institution. The remaining part of receipts shall be distributed to investors according to the proportion of contributions, except for the non-profit educational institutions;

h) Every year, the private school shall disclose conditions for assurance about the quality according to regulations; carry out financial disclosure regime and send financial statements to the superior agency, financial authority and the tax authority at the same level according to the current accounting policies; and do accounting and release statistics as prescribed;

i) The private school may not allow any individual or organization to make use of the school to commit violations against regulations of law, or commit self-seeking that is inconsistent with the school’s educational activities.

Chapter V

EDUCATION QUALITY INSPECTION AND ASSESSMENT, COMMENDATION AND ACTIONS AGAINST VIOLATIONS

Article 17. Education quality inspection and assessment

1. The private schools must carry out the self-inspection, assessment of its operation according to applicable regulations.

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3. The private school must carry out the education quality assessment as prescribed in regulations of the Minister of Education and Training.

Article 18. Commendation

Any group or individual of the private school contributing the development of the education of the school shall be commended as prescribed in the state.

Article 19. Actions against violations

In case the private school violates regulations of law, regulations on organization and operation; fails to ensure education quality assurance, fails to meet requirements pertaining to facilities, teaching and learning equipment, hygiene and safety, according to the seriousness of the violations, it shall be sanctioned according to regulations of the Law.