CIRCULAR

INTRODUCING\r\nREGULATIONS ON MANAGEMENT OF LIFE SKILLS EDUCATION AND EXTRACURRICULAR\r\nACTIVITIES  

Pursuant to the Law on Education dated June 14,\r\n2005; the Law on Amendments and Supplements to the Law on Education dated\r\nNovember 25, 2009; 

Pursuant to the Government's Decree No. 36/2012/ND-CP\r\ndated April 18, 2012, defining the functions, tasks, powers and organizational\r\nstructure of Ministries and Ministry-level bodies;

Pursuant to the Government's Decree No.\r\n32/2008/ND-CP dated March 19, 2008, defining the functions, tasks, powers and\r\norganizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No.\r\n75/2006/ND-CP dated August 2, 2006, elaborating and providing guidance on the\r\nimplementation of a number of articles of the Law on Education; the\r\nGovernment's Decree No. 31/2011/ND-CP dated May 11, 2011 on revision and\r\nsupplementation of  the Government's Decree No. 75/2006/ND-CP dated August\r\n2, 2006, elaborating and providing guidance on the implementation of a number\r\nof articles of the Law on Education; the Government’s Decree No. 07/2013/ND-CP\r\ndated January 9, 2013 amending point b of clause 13 of Article 1 of the Decree\r\nNo. 31/2011/ND-CP dated May 11, 2011 amending and supplementing certain\r\nArticles of the Government's Decree No. 75/2006/ND-CP dated August 2, 2006\r\nelaborating and providing guidance on implementation of certain articles of the\r\nLaw on Education; 

Pursuant to the Government’s Decree No.\r\n115/2010/ND-CP dated December 24, 2010 providing for responsibilities of state\r\nmanagement of educational activities;

Upon the request of the Director of the\r\nDepartment of Continuing Education,

...

...

...

Article 1. Regulations on Management of Life Skills Education and\r\nExtracurricular Activities are enclosed herewith. 

Article 2. This Circular shall enter into force as of April 15, 2014.\r\n

Article 3. The Office’s Chief, the Director of the Department of\r\nContinuing Education, Heads of affiliates of the Ministry of Education and\r\nTraining; the Presidents of the People’s Committees of centrally-affiliated\r\ncities and provinces, the Directors of Departments of Education and Training;\r\nthe Directors of universities and academies; the Rectors of universities,\r\ncolleges, professional secondary schools; entities and persons concerned, shall\r\nbe responsible for implementing this Circular./.

PP. MINISTER
\r\n DEPUTY MINISTER
\r\n
\r\n
\r\n
\r\n
\r\n Nguyen Vinh Hien

REGULATIONS

MANAGEMENT\r\nOF LIFE SKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES 
\r\n(Annexed to the Circular No. 04/2014/TT-BGDDT dated February 28, 2014 of the\r\nMinister of Education and Training)

...

...

...

GENERAL REGULATIONS

Article 1. Scope and subjects\r\nof application

1. This document sets out regulations on the\r\nmanagement of life skills education and extracurricular activities,\r\nincluding:   requirements; authority, documentation and procedures\r\nrequired for permission and certification for these educational activities,\r\nrevocation or suspension of business licenses; responsibilities for management\r\nof these activities; inspection, supervision, examination and handling of\r\noffences.  

2. This instrument shall apply to:

a) Small-scale childcare facilities; kindergartens\r\nand preschools; elementary schools, lower or upper secondary schools, boarding\r\nhigh schools for ethnic minorities, semi-boarding high schools for ethnic\r\nminorities, college preparatory schools, specialized schools, gifted schools,\r\nprofessional secondary schools, colleges, universities; continuing education\r\ncenters, foreign languages and informatics centers and community learning\r\ncenters (hereinafter collectively referred to as educational institutions)\r\ninvolved in life skills education and extracurricular activities;

b) Enterprises established in accordance with the\r\nLaw on Enterprises that are registered to operate in the field of education;\r\ncenters controlled by socio-political organizations, socio-professional\r\norganizations (hereinafter collectively referred to as units) involved in life\r\nskills education and extracurricular activities at educational institutions.

Article 2. Life skills\r\neducation and extracurricular activities 

1. Life skills education activities referred to in\r\nthese Regulations are understood as educational activities that help learners\r\nform and develop positive and healthy habits, behaviors and attitudes in\r\ndealing with personal and social life situations, thereby perfecting their\r\npersonality and further improving their personal development orientation on the\r\nbasis of life values.

2. Extracurricular activities referred to in this\r\nregulation are understood as educational activities designed to meet the needs\r\nof learners that are not part of the educational programs or plans approved by\r\ncompetent authorities.

...

...

...

1. Life skills education and extracurricular\r\nactivities should contribute to consolidating and improving knowledge, skills\r\nand character education for learners; should be tailored to\r\npsycho-physiological characteristics of learners and aligned with Vietnamese\r\nfine customs and traditions.

2. Educational institutions shall be held\r\nresponsible for educational contents and quality of life skills education and\r\nextracurricular activities.

3. None of violations against Regulations on extra-class\r\nlearning or tutoring activities is permitted.

4. Learners can participate in these educational\r\nactivities of their own free will.

Chapter II

ELIGIBILITY REQUIREMENTS\r\nFOR PROVISION OF LIFE SKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES 

Article 4. Physical facilities

1. There are classrooms and function rooms that are\r\nwell illuminated and satisfy school sanitation requirements as legally\r\nprescribed.

2. Teaching equipment must be safe and fit for\r\nteaching contents, activities and age-related psychological characteristics of\r\nlearners.

...

...

...

1. Fully meet health requirements.

2. Are of good moral character; are not facing\r\ndisciplinary action in the form of warning or more severe sanction, or are not\r\nbeing prosecuted for penal liability.

3. Have completed professional certificates in\r\npedagogy majors; have a good command of related areas of life skills or other\r\neducational activities.

Article 6. Syllabuses and\r\ncurriculum documents

Syllabuses and curriculum documents circulated or\r\napproved by the Ministry of Education and Training should be provided in full.\r\nIf they are selected or created autonomously, they must be approved by\r\ncompetent licensing or certification agencies stated in Article 7 and Article 8\r\nof these Regulations; must meet requirements, convey information tailored to\r\ntraditional customs and values of Vietnam, and not challenge legislation.

Chapter III

LICENSING AND\r\nCERTIFICATION AUTHORITY, DOCUMENTATION REQUIREMENTS AND PROCEDURES FOR\r\nREGISTRATION, REVOCATION AND WITHDRAWAL OF LICENSES FOR PROVISION OF LIFE\r\nSKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES 

Article 7. Licensing authority,\r\ndocumentation requirements, application processes and procedures for licenses\r\nfor provision of life skills education and extracurricular activities

1. Licensing authority:

...

...

...

b) Rectors of universities and colleges are\r\naccorded authority to license their controlled units to provide in-house life\r\nskills education and extracurricular activities.

2. Documentation submitted to apply for licenses,\r\nincluding:

a) Request form for the license for provision of\r\nlife skills education and extracurricular activities.   The request\r\nform should clearly state the followings: training and coaching objectives,\r\ntasks, programs and activities; land, facilities, equipment, location,\r\norganizational apparatuses, finance and other resources; commitment to ensuring\r\nsecurity, order and environmental sanitation, strict compliance with\r\nregulations imposed by supervisory authorities of the places where life skills\r\neducation and extracurricular activities take place;

b) Business registration certificate;

c) List and biodata with valid proofs of\r\nleaderships, teachers, coaches and presenters (clearly give their full name,\r\neducation level, position, occupation, pedagogical capacity and expertise in\r\nthe fields of life skills or related educational activities) participating in\r\nplanning, design and provision of life skills education and extracurricular\r\nactivities;

d) Plan of action, syllabuses, textbooks,\r\ncurriculum documents used in teaching and coaching activities.

3. Licensing processes and procedures:

a) Units prepare applications for licenses and\r\nsubmit them to competent licensing authorities;

b) Within 15 working days of receipt of valid\r\napplication packages, competent licensing authorities verify submitted\r\napplications and check whether applicants comply with operational requirements\r\nto issue decisions on approval of grant of licenses or reject applications. In\r\ncase of such rejection, written responses clearly stating reasons should be\r\nsent.

...

...

...

1. Authority over certification of registration for\r\nlife skills education and extracurricular activities:

a) Directors of Departments of Education and\r\nTraining are accorded authority to certify registration for life skills\r\neducation and extracurricular activities of professional secondary/intermediate\r\nschools, high schools and multi-level high schools in which the upper secondary\r\nlevel is the highest, boarding general education schools for ethnic minorities,\r\ncollege preparatory schools, specialized schools, gifted schools, continuing\r\neducation centers, foreign languages and informatics centers and off-campus\r\nunits of universities and colleges.

b) Directors of Subdepartments of education and\r\ntraining in districts are accorded authority to certify registration for life\r\nskills education and extracurricular activities of small-scale childcare facilities;\r\nkindergartens and preschools; primary schools, lower secondary schools,\r\nmulti-level general education schools in which the level of lower secondary\r\neducation is the highest, semi-boarding general education schools for ethnic\r\nminorities and community learning centers.

2. The followings are required in the application\r\npackage for registration for life skills education and extracurricular\r\nactivities:

a) Written application for registration for life\r\nskills education and extracurricular activities; 

b) List and biodata with valid proofs of teachers,\r\ncoaches and presenters (clearly give their full name, education level,\r\nposition, occupation, pedagogical capacity and expertise in the fields of life\r\nskills or related educational activities) participating in planning, design and\r\nprovision of life skills education and extracurricular activities;

c) Plan of action, syllabuses, textbooks,\r\ncurriculum documents used in teaching and coaching activities.

3. Processes and procedures for certification of\r\nregistration for life skills education and extracurricular activities:

a) Educational institutions prepare registration\r\napplication for submission to competent authorities;

...

...

...

Article 9. Suspension of life\r\nskills education and extracurricular activities

1. Educational institutions, units providing life\r\nskills education and extracurricular activities may be suspended from providing\r\nthese activities in the following cases:

a) They fail to comply with commitments made or\r\nactivities registered with competent licensing and registration certification\r\nauthorities;

b) They breach law on education to the extent that\r\nadministrative sanctions must be imposed in the form of suspension of these\r\nactivities;

c) The license is issued ultra vires;

d) Other circumstances prescribed in law arise.

2. Suspension processes and procedures: 

a) Competent licensing or registration\r\ncertification persons set up inspection teams to assess the actual condition of\r\neducational institutions or units and put forward recommended remedy plans;

b) Based on inspection results, competent licensing\r\nor registration certification persons issue their decisions to suspend life\r\nskills education and extracurricular activities.   In each decision\r\non suspension of life skills education and extracurricular activities, reasons\r\nfor such suspension should be clarified; and suspension duration and measures\r\nto protect learners' rights should be clearly specified. The decision on\r\nsuspension of life skills education and extracurricular activities must be\r\npublicly announced on mass media;

...

...

...

3. Competent licensing or registration\r\ncertification persons are accorded authority to suspend life skills education\r\nand extracurricular activities. 

4. In case of emergencies, when discovering that\r\nany educational institution or unit seriously violates law, the competent\r\nlicensing or registration certification person or the competent authority\r\nreferred to in law can decide to immediately suspend their activities and then\r\ntake required steps or complete required procedures to suspend their\r\nactivities.

Article 10. Revocation of\r\nlicenses

1. Licenses may be revoked in the following cases:

a) Life skills education and extracurricular\r\nactivities are not provided during the consecutive period of 12 months; 

b) Fraudulent acts are committed with the aim of\r\nobtaining licenses for provision of life skills education and extracurricular\r\nactivities. 

2. Competent licensing persons are accorded\r\nauthority to revoke licenses for provision of life skills education and\r\nextracurricular activities. 

Chapter IV

RESPONSIBILITIES FOR\r\nMANAGEMENT OF LIFE SKILLS EDUCATION AND EXTRACURRICULAR ACTIVITIES

...

...

...

1. Responsibilities of People’s Committees of\r\ncentrally-affiliated cities and provinces

a) Take control of life skills education and\r\nextracurricular activities;

b) Direct Departments of Education and Training and\r\ntheir units involved in management of life skills education and extracurricular\r\nactivities. 

2. Responsibilities of People’s Committees of\r\nprovincially-run districts, cities or towns

a) Take control of life skills education and\r\nextracurricular activities;

b) Direct Sub-departments of Education and Training\r\nand their units involved in management of life skills education and\r\nextracurricular activities. 

Article 12. Responsibilities\r\nof Departments of Education and Training

1. Advise provincial People’s Committees on life\r\nskills education and extracurricular activities provided within their remit.

2. Grant licenses and certification of registration\r\nfor life skills education and extracurricular activities in accordance with\r\nregulations. 

...

...

...

4. Take charge of and cooperate with relevant\r\nagencies and units in inspecting, examining and handling violations under their\r\njurisdiction, or requesting competent authorities to handle violations.

5. Consolidate results and compile reports\r\nsubmitted to provincial-level People's Committees, Ministry of Education and\r\nTraining at the end of school year or on request.

Article 13. Responsibilities of\r\nSub-departments of Education and Training

1. Grant certification of registration for life\r\nskills education and extracurricular activities in accordance with\r\nregulations. 

2. Assume responsibility to district-level People’s\r\nCommittees for management of life skills education and extracurricular\r\nactivities of educational institutions within their remit.

3. Take charge of and cooperate with relevant\r\nagencies and units in inspecting, examining and handling violations under their\r\njurisdiction, or requesting competent authorities to handle violations.

4. Consolidate results and compile reports\r\nsubmitted to district-level People's Committees, Departments of Education and\r\nTraining at the end of school year or on request.

Article 14. Responsibilities\r\nof educational institutions

1. Ensure conformance to standards concerning the\r\nquality of life skills education and extracurricular activities. 

...

...

...

3. Retain and keep custody of documents and\r\nrecords, including registration dossiers; list of teachers, trainers or\r\ninstructors; list of trainees or learners; lesson plans or curriculum\r\ndocuments; financial records according to current regulations.

4. When any educational institution cooperates with\r\na unit to provide life skills education and extracurricular activities, they\r\nmust enter into a contract.   The contract must clearly prescribe\r\nteaching contents, budget, teachers, trainers, locations of activities and\r\nresponsibilities of each party.  After entering into that contract, the\r\nreport on terms and conditions of this contract should be submitted to the\r\ndirectly supervisory authority.

5. Assent to the inspection and supervision of\r\nregulatory authorities and educational regulatory authorities at all levels;\r\nsubmit reports in full at the request of educational regulatory authorities.

Article 15. Responsibilities\r\nof units engaged in providing life skills education and extracurricular\r\nactivities 

1. Strictly comply with these Regulations and other\r\nrelevant regulations. If life skills education and extracurricular activities\r\nare temporarily suspended or terminated, licensing authorities must be informed\r\n10 days in advance; such temporary suspension or termination should be publicly\r\ninformation to learners; at the same time, remaining amounts of money in\r\nproportion to activities not yet provided and length of time during which these\r\nactivities are not yet provided due to such temporary suspension or termination\r\nmust be refunded.

2. Ensure conformance to standards concerning the\r\nquality of life skills education and extracurricular activities. 

3. When providing educational activities, it is\r\nnecessary to ensure safety for human life and protect legitimate mental and\r\nmaterial rights for learners and teachers; at the same time, bear\r\nresponsibility for assuring the benefits of participating in risk insurance for\r\nlearners.

4. Retain and keep custody of documents and\r\nrecords, including dossiers on grant of licenses; list of teachers, trainers or\r\ninstructors; list of trainees or learners; lesson plans or curriculum\r\ndocuments; financial records according to current regulations.

5. Assent to the inspection and supervision of\r\nregulatory authorities and educational regulatory authorities at all levels;\r\nsubmit reports in full at the request of educational regulatory authorities.

...

...

...

1. Educational institutions and units may collect tuition\r\nfees to pay wages to teachers, presenters, or pay for management and\r\ndepreciation of fixed assets, and pay other overhead costs.

2. Educational institutions and units shall decide\r\namounts of tuition fees according to the principle that revenues must\r\ncompensate for operating costs; shall report these amounts to competent\r\nlicensing authorities or registration certification authorities for regular\r\ninspection and supervision purposes.

3. Educational institutions and units shall assume\r\nthe following responsibilities:

a) Apply the rules of 3 things that need to be\r\npublicly disclosed under regulations in effect;

b) Carry out accounting activities in accordance\r\nwith the Law on Accounting;

c) Fulfill payment obligations to the state budget\r\nin accordance with legislation.

Chapter V

INSPECTION, EXAMINATION\r\nAND MANAGEMENT OF OFFENCES

Article 17. Inspection and\r\nexamination

...

...

...

Article 18. Disciplinary\r\nactions

1. Educational institutions and units that violate\r\nregulations on management of life skills education and extracurricular\r\nactivities may be subject to administrative sanctions or prosecuted for\r\ncriminal liability as legally prescribed, depending on the nature and\r\nseriousness of their offences.

2. Heads of agencies, entities or units; officials,\r\ncivil servants or public employees violating regulations on management of life\r\nskills education and extracurricular activities shall be disciplined in\r\naccordance with regulations./.