Nghị định 88/2001/NĐ-CP thực hiện phổ cập giáo dục trung học cơ sở

THE
GOVERNMENT
——-

SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
————

No:
88/2001/ND-CP

Hanoi,
November 22, 2001

DECREE

ON THE UNIVERSALIZATION OF BASIC SECONDARY EDUCATION

THE GOVERNMENT

Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Education Law of December 2, 1998;
Pursuant to Resolution No. 41/2000/QH10 of December 12, 2000 of the Xth
National Assembly, the 8th session, on the universalization of basic
secondary education;
At the proposal of the Minister of Education and Training,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of
regulation

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Article 2.- Subjects of
basic secondary education universalization

Subjects of basic secondary education
universalization are Vietnamese youngsters aged between 11 years and full 18
years, who have finished primary education but not basic secondary education.

Article 3.-
Interpretation of terms

The following terms used in this Decree shall be
construed as follows:

1. Age group eligible for basic secondary
education universalization ranges from 11 to full 18 years.

2. Persons who reach the basic secondary
education level are those who have been granted the basic secondary education
graduation diplomas according to the provisions of Article 27 of the Education
Law.

3. Residence place means the place where pupils
register their permanent residence or where pupils have registered their
temporary residence and live regularly for six months or more.

4. Public basic secondary schools in the
residence places of pupils are public basic secondary schools located in the
communes, wards or townships where pupils reside.

5. Area under the charge of a public basic
secondary school is a population area where the school is responsible for
enrolment of pupils according to the regulations of the direct education
management body.

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Article 4.- Objectives
of basic secondary education universalization

The objectives of basic secondary education
universalization are to ensure that most of teenagers, after finishing primary
education, continue their study so as to reach the basic secondary education
level before they pass the age of 18, meet the requirements of raising the
people’s knowledge, training human resources, fostering talents to serve the
cause of national industrialization and modernization.

Article 5.- Education
program, education mode

1. The education program to be applied to the
basic secondary education universalization is the basic secondary education
program or the complementary basic secondary education program promulgated by
the Ministry of Education and Training.

2. The education mode to be applied to the basic
secondary education universalization is the mode of formal education or
informal education.

3. The application of the basic secondary
education program according to the formal education mode and the complementary
basic secondary education program according to the informal education mode are
stipulated in Article 10 of this Decree.

Article 6.- Investment
in the universalization of basic secondary education

1. Universalization of basic secondary education
constitutes one of the objectives of the national target program on education
and training, enjoys investment from the State budget.

2. The State shall adopt policies to encourage,
support and create conditions for non-public educational institutions to
perform the task of universalizing the basic secondary education, encourage and
create conditions for international organizations, foreign governments,
foreigners and overseas Vietnamese to take part in universalizing the basic
secondary education in Vietnam according to law provisions.

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RIGHTS AND OBLIGATIONS
OF THE SUBJECTS OF BASIC SECONDARY EDUCATION UNIVERSALIZATION

Article 7.- Study rights
and obligation of subjects of basic secondary education universalization

1. To study so as to reach the basic secondary
education level is the right and obligation of all subjects of basic secondary
education. universalization

2. Subjects of basic secondary education
universalization may study at basic secondary schools at their residence places
under the guidance of the Ministry of Education and Training.

3. Subjects of basic secondary education
universalization who cannot follow the basic secondary education program
according to the mode of formal education due to extremely difficult
circumstances may follow complementary basic secondary education program
according to the mode of informal education organized by basic secondary
schools, regular education centers, general technical and vocational guidance
centers or other educational institutions.

Article 8.- Collection,
reduction and exemption of school fees, distribution of textbooks and learning
materials for subjects of universalization of basic secondary education

1. To collect school fees from subjects of
universalization of basic secondary education, except for those who are exempt
therefrom under the provisions of Clause 2 of this Article.

2. To exempt or reduce school fees and other
contributions for the following subjects of basic secondary education
universalization:

a/ Those who enjoy preferential policies under
the provisions of the Government’s Decree No. 28/CP of April 29, 1995;

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c/ Those who study according to the mode of
informal education due to extremely difficult economic conditions as provided
for by the Ministry of Education and Training.

3. Distribution of textbooks and learning
materials to the following subjects of basic secondary education
universalization:

a/ Pupils who study at educational institutions
in communes facing extremely difficult and difficult socio-economic
circumstances;

b/ Pupils who follow the complementary basic
secondary education program according to the mode of informal education due to
extremely difficult economic circumstances according to the regulations of the
Ministry of Education and Training.

Article 9.-
Universalization of basic secondary education for overseas Vietnamese
youngsters and foreign youngsters living in Vietnam

1. Overseas Vietnamese youngsters being subjects
of universalization of basic secondary education who live in foreign countries
shall be provided with necessary conditions by their parents or guardians and
assisted by the State to complete the basic secondary education.

2. Foreign youngsters living in Vietnam who have
finished primary education and wish to follow basic secondary education at
Vietnamese schools shall be allowed to study at basic secondary schools in
their residence places and enjoy all interests like Vietnamese pupils.

Chapter III

SCHOOLS, FAMILIES AND
SOCIETY IN THE UNIVERSALIZATION OF BASIC SECONDARY EDUCATION

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1. Basic secondary schools, regular education
centers, general technical and vocational guidance centers or other educational
institutions in the public, semi-public, people-founded and private forms shall
have the responsibility to universalize the basic secondary education;
coordinate with the administrations, families, organizations and individuals in
mobilizing pupils who are subjects of universalization of basic secondary
education to go to school; closely combine school education with family
education and social education, build a healthy educational environment.

2. Basic secondary schools shall have the
responsibility to:

a/ Carry out the basic secondary education
program according to the mode of formal education, ensuring educational quality
and effectiveness;

b/ Organize the performance of the complementary
basic secondary education program according to the mode of informal education
for subjects of universalization of basic secondary education, who have no
conditions to study according to the mode of formal education, when they are
assigned this task by the direct managing agency;

c/ Receive, organize the study for subjects of
universalization of basic secondary education who regularly reside in the
localities under the schools charge; possibly receive pupils outside the
localities under the schools charge provided that the number of pupils per
class does not exceed the limit set by the Ministry of Education and Training.

3. Regular education centers shall have the
responsibility to carry out the complementary basic secondary education program
according to the mode of informal education for subjects of universalization of
basic secondary education who have no conditions to study at basic secondary
schools.

4. General technical and vocational guidance
centers shall, within the scope of their assigned functions and tasks, have the
responsibility to coordinate with basic secondary schools and regular education
centers in performing the tasks defined in Clauses 2 and 3 of this Article.

5. Other educational institutions shall have the
responsibility to participate in universalizing the basic secondary education
in the localities at the requests of the local administrations and direct
managing agencies.

Article 11.-
Responsibilities and rights of parents or guardians towards subjects of basic
secondary education universalization

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1. To ensure their children or minor wards
(hereinafter collectively referred to as children) who are subjects of basic secondary
education universalization to study so as to reach the basic secondary
education level.

2. To create every condition for their children
to study, train themselves, participate in school activities so as to develop
comprehensively, morally, intellectually, physically and aesthetically with a
view to attaining the basic secondary education objectives.

3. To pay school fees for their children
according to current regulations, if their children are liable to pay school
fees.

4. To coordinate with schools and mass
organizations in educating their children, effecting the coordinated education
in accordance with law; set good examples for their children in family and
social life.

5. To contribute opinions to the schools or
education management agencies regarding the policy of basic secondary education
universalization.

6. To participate in parents� activities organized by
schools or education management agencies in order to realize the undertaking of
basic secondary education universalization.

Article 12.-
Responsibilities and powers of organizations and citizens towards the
universalization of basic secondary education

State agencies, political organizations,
socio-political organizations, social organizations, socio-professional
organizations, economic organizations, people�s
armed force units and all citizens shall have the responsibility as well as the
right to take part in materializing the policy of universalization of basic
secondary education, depending on their capabilities and conditions and according
to the law provisions. Specifically:

1. To mobilize parents to ensure that their
children in the age group eligible for universalization of basic secondary
education to reach the basic secondary education level.

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3. To make, and mobilize organizations and
individuals inside and outside the country to make, contributions in cash, kind
and/or effort to schools or education management agencies according to law
provisions for the sake of universalization of basic secondary education.

4. To supervise and inspect State agencies,
schools, families, organizations and individuals in the realization of the
policy of universalization of basic secondary education, lodge complaints and
denunciations according to law provisions about acts of obstructing the
universalization of basic secondary education.

5. To propagate and campaign for the
universalization of basic secondary education.

Chapter IV

CONDITIONS FOR ENSURING
UNIVERSALIZATION OF BASIC SECONDARY EDUCATION

Article 13.- Finance

1. Financial sources used for basic secondary
education universalization include: State budget; school fees, money
contributions to school and class construction; financial supports of
organizations and individuals inside and outside the country and other lawful
revenue sources (if any) according to law provisions, of which the State budget
plays the key role.

2. The People’s Councils of the provinces and
centrally-run cities (hereinafter collectively referred to as provincial level)
shall base themselves on the school fee bracket prescribed by the Prime
Minister to prescribe the school fee rates and the use of school fees at the
proposals of the People�s
Committees of the same level.

3. The People’s Councils at all levels shall
base themselves on the educational development demands, the economic situation
and the contribution capabilities of the local people to prescribe the levels
of contributions for school and classroom construction on the basis of the
people’s opinions and the proposals of the People’s Committees of the same
level.

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1. Teachers of basic secondary schools, regular
education centers, general technical and vocational guidance centers and other
educational institutions, who participate in teaching at classes of basic
secondary education universalization but have not yet reached the standard
training level as prescribed at Point b, Clause 1, Article 67 of the Education
Law shall have to continue their study and be provided with conditions therefor
by direct educational management agencies.

2. Teachers who participate in teaching at
complementary basic secondary education classes reserved for of basic secondary
education universalization subjects who have no conditions for studying
according to the mode of formal education shall enjoy remuneration prescribed
by the Ministry of Finance.

Article 15.- Material
and technical bases

1. The Ministry of Education and Training shall
have the responsibility to promulgate criteria on the material and technical
bases of basic secondary schools, regular education centers, general technical
and vocational guidance centers, direct and guide the localities in the
implementation thereof.

2. The localities must ensure that the basic
secondary schools have all conditions regarding classrooms, laboratories, sport
and physical training rooms or yards, libraries, and playing grounds according
to the criteria promulgated by the Ministry of Education and Training; create
conditions for regular education centers and general technical and vocational
guidance centers to have adequate material bases and necessary equipment as
well as facilities for organizing informal educational, general technical
education and vocational guidance activities.

Article 16.- Policies
to encourage non-public educational institutions

1. Non-public educational institutions, when
carrying out activities of universalizing the basic secondary education, shall
be given priority to enjoying incentive policies regarding material bases,
land, taxes, charges, fees and credit as prescribed in the Government’s Decree
No. 73/1999/ND-CP of August 19, 1999 on the policy to encourage the
socialization of activities in the domains of education, health, culture and
sports.

2. Non-public educational institutions, when
implementing the policies on exemption and reduction of school fees and distribution
of textbooks and learning materials under the provisions of Article 8 of this
Decree shall be provided with budgetary support by the State according to the
regulations of the Ministry of Finance.

Chapter V

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Article 17.-
Responsibilities of the Ministry of Education and Training

1. To direct the universalization of basic
secondary education. To promulgate, and organize the implementation of, legal
documents according to its competence in order to ensure conditions for,
quality and tempo of the universalization of basic secondary education.

2. To define the education objectives and
programs, ensure the consistency of the standard education level; concurrently
devise solutions and options to apply the education program suitable to the
study conditions and circumstances of pupils; coordinate with the concerned
agencies in stipulating the compilation, review, distribution and use of
textbooks of basic secondary education so that they can meet the requirements
of basic secondary education universalization.

3. To direct and guide the localities to
implement the regulations on professional qualifications and skills; training
and fostering of teachers and managerial personnel; and construction of
material and technical bases in order to ensure the quality, effectiveness and
tempo of universalization of basic secondary education.

4. To assume the prime responsibility and
coordinate with the branches, levels, socio-political organizations, social
organizations, socio-professional organizations and economic organizations in
mobilizing all resources in the society for the service of the cause of
education in general and the basic secondary education universalization in
particular.

5. To assume the prime responsibility and
coordinate with the concerned ministries and branches as well as the
provincial-level People’s Committees in organizing the supervision and
inspection of the localities and lower-level educational management agencies in
their implementation of the policy of basic secondary education
universalization; detect in time and propose solutions to overcome difficulties
in the implementation of the policy on universalization of basic secondary education;
annually report on the situation and results of universalization of basic
secondary education to the Prime Minister.

6. To propose the State to commend and reward
individuals, organizations and localities that have recorded achievements in
the cause of universalization of basic secondary education.

Article 18.-
Responsibilities of the Ministry of Planning and Investment

1. To synthesize plans, balance resources and
ensure the tempo of universalization of basic secondary education.

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3. To prioritize the use of ODA capital for the
achievement of the objective of universalization of basic secondary education.

Article 19.-
Responsibilities of the Government Commission for Organization and Personnel

To assume the prime responsibility and
coordinate with the Ministry of Education and Training in renewing the
regulations on the recruitment of teachers on the State payroll in adherence to
the spirit of the administrative apparatus reform and in compatibility with the
practical conditions and circumstances; assign the payroll norms to the
educational service, ensuring sufficient quantities, synchronous structure and
compliance with the performance of each school year�s tasks; direct and guide the strengthening and
consolidation of the educational management apparatus at the provincial and
district levels.

Article 20.-
Responsibilities of the Ministry of Finance

1. To perfect the financial policies, supervise,
inspect and handle violations of the finance legislation committed by
organizations or individuals in the management and use of financial sources
mobilized for the universalization of basic secondary education; prioritize the
allocation of the State budget for investment in the universalization of basic
secondary education.

2. To promulgate norms on State budget
expenditures on education of basic secondary pupils according to the formal and
informal modes; ensuring the timely budget distribution and allocation so as to
achieve the objective of universalization of basic secondary education.

3. To assume the prime responsibility and
coordinate with the Ministry of Education and Training, the Ministry of Labor,
War Invalids and Social Affairs and the Government Commission for Organization
and Personnel in formulating policies for teachers, pupils and for non-public
educational institutions in the cause of basic secondary education
universalization with regard to cases specified in Articles 8, 14 and 16 of
this Decree.

Article 21.-
Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. To assume the prime responsibility and
coordinate with the Ministry of Education and Training, the Ministry of Finance
and Vietnam Committee for Child Protection and Care in elaborating policies to
support and assist children of fallen heroes and seriously invalid soldiers,
disabled children, supportless orphans, children of poor and hungry families,
who are subjects of basic secondary education universalization.

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Article 22.-
Responsibilities of the Ministry of Health, the Ministry of Science, Technology
and Environment and the Sports and Physical Training Committee

The Ministry of Health, the Ministry of Science,
Technology and Environment and the Sport and Physical Training Committee shall
have the responsibility to coordinate with the Ministry of Education and
Training in ensuring the requirements in school healthcare, environmental
education and physical education of the basic secondary schools.

Article 23.-
Responsibilities of other ministries and branches

Other ministries and branches shall, according
to their respective functions and tasks, have the responsibility to participate
in universalizing the basic secondary education.

Article 24.-
Responsibilities of the provincial-level People’s Committees

1. To elaborate and balance the local budgets,
tap and mobilize resources outside the budget for implementing the localities
plans on universalization of basic secondary education, which are expressed in
specific norms in the annual, five-year and 10-year socio-economic development
plans of their respective localities.

2. To abide by the professional direction and
guidance of the Ministry of Education and Training; direct, guide and supervise
the People’s Committees of the rural and urban districts, provincial cities and
towns (hereinafter collectively referred to as district level), the People’s
Committees of the communes, wards and townships (hereinafter collectively
referred to as commune level) in implementing the policies of basic secondary
education universalization; ensuring the quality, effectiveness and tempo of
the universalization of basic secondary education in their respective
localities.

3. To invest and direct the district-level and
commune-level People’s Committees in building and upgrading schools and
classrooms; procure equipment and facilities for public basic secondary
schools; supervise people-founded and private basic secondary schools in
investment in building their material and technical bases.

4. To make plans on the teachers payrolls in the
localities, serving as basis for the Government Commission for Organization and
Personnel to assign payroll norms; organize the recruitment of teachers,
ensuring sufficient quantities and synchronous structure; organize training and
fostering for teachers.

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Article 25.-
Responsibilities of the district-level People’s Committees

1. To manage primary and basic secondary schools
of all types of educational institution in their respective areas, ensure the
quality, effectiveness and tempo of the universalization of basic secondary
education in their respective localities.

2. To abide by the regulations on the budget
expenditures on education, including expenditures on the universalization of
basic secondary education; ensure conditions regarding organization, personnel,
finance and material bases for public and semi-public primary and basic
secondary schools.

3. To ensure the implementation of policies and
regimes for teachers, educational administrators and pupils according to the
State’s regulations, create favorable conditions for and take measures to
improve the living standards of, teachers and educational administrators by
adopting preferential policies in their localities.

4. To mobilize organizations and individuals
inside and outside the country to make contributions to the cause of basic
secondary education universalization.

Article 26.-
Responsibilities of the commune-level People’s Committees

1. To monitor the study of the subjects of
primary education universalization and basic secondary education in their
respective localities; coordinate with mass and social organizations in
propagating, mobilizing, assisting and creating favorable conditions for
families having children in the age group eligible for universalization of
basic secondary education to send their children to school in order to reach
the basic secondary education level.

2. To coordinate with basic secondary schools,
regular education centers, general technical and vocational guidance centers
and other educational institutions belonging to the national education system
based in their respective localities in organizing suitable learning forms to
help the basic secondary education universalization subjects who have no
conditions for studying according to the formal mode to study according to the
informal mode in order to reach the basic secondary education level.

3. To mobilize people to make contributions in
cash, kind and/or effort to building, preparing and protecting educational
works in their respective localities; coordinate with schools and mass
organizations in building a healthy education environment; assist and create
favorable conditions for teachers and educational administrators to fulfill
their tasks.

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RECOGNITION OF THE
STANDARD LEVEL OF BASIC SECONDARY EDUCATION UNIVERSALIZATION

Article 27.- Units
recognized as achieving the standard level of basic secondary education
universalization

Units recognized as achieving the standard level
of basic secondary education universalization must fulfill their
responsibilities defined in Articles 24, 25 and 26 of this Decree, depending on
each level, and meet all the following conditions:

1. For the commune level:

a/ Maintaining and consolidating the results of
primary education universalization: The number of six-year-old children
attending grade 1 classes accounts for 90% upwards; at least 80% of children in
the age group of 11 – 14 years have finished primary education and the
remaining number of children in this age group are attending primary schools;

For areas with difficult or extremely difficult
socio-economic conditions, the number of six-year-old children attending grade 1
classes accounts for 80% upward; at least 70% of children in the age group of
11 – 14 years have finished primary education and the remaining number of
children in this age group are attending primary schools;

b/ Annually, 95% upward of children who have
finished primary education are mobilized to attend basic secondary education;
this percentage is 80% upward for communes with difficult or extremely
difficult socio-economic conditions;

c/ Ensuring the number of teenagers in the age
group of 15 to 18 years who have finished the basic secondary education
accounts for 80% upward; this percentage is 70% upward for communes with
difficult or extremely difficult socio-economic conditions;

d/ Annually, ensuring 90% upward of pupils
finishing the basic secondary education; or 75% upward for communes with
difficult or extremely difficult socio-economic conditions.

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3. For the provincial level: Having all rural
and urban districts, provincial towns and cities which reach the basic
secondary education universalization standards.

Article 28.- Competence
to recognize the achievement of basic secondary education universalization
standards and responsibilities of the units which reach the standards

1. The Ministry of Education and Training shall
assume the prime responsibility to supervise and issue decisions on recognition
of achieving the basic secondary education universalization standards for the
provincial level.

The provincial-level People’s Committees shall
supervise and issue decisions on recognition of achieving the basic secondary
education universalization standards for the district level.

The district-level People’s Committees shall
supervise and issue decisions on recognition of achieving the basic secondary
education universalization standard for the commune level.

2. The supervision participants at each level
consist of the unit with the prime responsibility as prescribed in Clause 1 of
this Article and representatives of State agencies, political organizations and
socio-political organizations of the same level.

3. For units which have been recognized to
achieve the basic secondary education universalization standards, the People’s
Committees at various levels shall have to consolidate, maintain and perfect
the results of the basic secondary education universalization; implement the
policy of channeling pupils who have finished basic secondary education.
Annually, the provincial-level People’s Committees shall have to check the
sustainment of the results of the basic secondary education universalization in
their respective localities, report such to the Ministry of Education and
Training for summing up and reporting to the Prime Minister.

Chapter VII

COMMENDATION AND
VIOLATION HANDLING

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Organizations and individuals that have made
meritorious contributions to the cause of universalization of basic secondary
education shall be commended and rewarded according to the law provisions on
commendation.

Article 30.- Handling
of violations

Those who commit acts of causing difficulties to
or obstructing the universalization of basic secondary education shall,
depending on the nature and gravity of their violations, be disciplined,
administratively sanctioned or examined for penal liability; if causing any damage,
they must pay compensation therefor according to the law provisions.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 31.-
Implementation provisions

1. This Decree takes implementation effect 15
days after its signing. All previous provisions which are contrary to this
Decree are hereby annulled.

2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER

Phan Van Khai