Thông tư 16/2016/TT-BGDĐT hướng dẫn Quyết định 72/2014/QĐ-TTg quy định việc dạy và học bằng tiếng nước ngoài trong nhà trường và cơ sở giáo dục khác do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành

CIRCULAR

INSTRUCTIONS ON A NUMBER OF ARTICLES OF THE PRIME MINISTER’S DECISION No. 72/2014/QD-TTG DATED DECEMBER 17, 2014 PROVIDING FOR LEARNING AND TEACHING A FOREIGN LANGUAGE IN SCHOOLS AND EDUCATION INSTITUTIONS

Pursuant to the Prime Minister’s Decision No. 36/2012/ND-CP dated April 18, 2014 providing for functions, tasks, powers and organizational structure of ministries, level-ministerial agencies;

Pursuant to the Prime Minister’s Decision No. 36/2012/ND-CP dated April 18, 2014 providing for functions, tasks, powers and organizational structure of ministries, level-ministerial agencies;

Pursuant to the  Prime Minister’s Decision No. 72/2014/QD-TTG dated December 17, 2014 providing for learning and teaching a foreign language in schools and educational institutions;

At the request of general director of the Department for International Cooperation

The Ministry of Education and Training promulgates the Circular providing instructions on a number of articles of the Prime Minister’s Decision No. 72/2014/QD-TTG providing for learning and teaching a foreign language in schools and education institutions.

Article 1. Scope and regulated entities

This Circular provides for the implementation of a number of articles of the Prime Minister’s Decision No. 72/2014/QD-TTg including government incentives for primary and upper secondary students to learn a foreign language; validity period of the Decision on approval for the project on organization of learning and teaching a foreign language (hereinafter referred to as 'the Project'); extension, suspension and revocation of the Decision from general education, continuing education and higher education institutions.

Article 2. Incentives for learners of foreign languages

1. Primary students: Students who take examinations in foreign languages and achieve good results shall be commended by schools as prescribed in the Minister of Education and Training’s Circular No. 30/2014/TT-BGDDT dated August 28, 2014.

2. Upper secondary students: Students who take extra examinations, end-year examinations, end-of-level examinations in foreign languages and achieve good results shall be guaranteed bonus points for the exams of corresponding foreign language subject and graded as commendable academic achievements in learning and training; To be eligible for bonus points (no more than two points in any case) as prescribed by Services of Education and Training is that the foreign language exam should achieve 10 points at the maximum.  Besides, any student who takes end-of-level examinations in foreign languages with exceptional results shall be guaranteed addition of bonus points (as an incentive) for upper secondary school, professional upper secondary school - entrance examinations as stipulated by Services of Education and Training; guaranteed addition of bonus points (as an incentive) for university and college - entrance examinations as stipulated by individual schools.

Article 3. Validity period of the Decision on Approval of the Project

The Decision shall be effective for five years since the signing date and may be extended for no more than five years each time of extension.

Article 4. Extension of the Project

1. Requirements for extension:

To be eligible for extension of validity of the Project, educational institutions should meeting following requirements:

a) Comply strictly with provisions set out in the Decision;

b) Commit no act in violation of Vietnam laws;

c) Continue to comply with requirements set out in Articles 3, 4, 5, 6, 7 and 8 of the Prime Minister’s Decision No. 72/2014/QD-TTg;

d) Comply with provisions on incentives for learners of foreign languages as set out in Article 2 hereof;

2. Applications for extension:

a) A written request signed by head of the educational institution;

b) Reports on activities of learning and teaching foreign languages during the validity period of the Decision including:

- Legal foundations;

- General information about the program: name of the program, implementation period and extension (if any);

- Number of classrooms, teachers and students involved, teaching and learning results;

- Advantages and disadvantages during the implementation period;

- Proposals.

c) Proposals for adjustments (if any) to the Decision and accompanying explanations;

3. Authority, procedures and extension:

a) Applications for extension should be submitted to competent agencies as prescribed in Article 10 of the Decision No. 72/2014/QD-TTg six months before the Decision expires.

b) Within five working days since receipt of the application, competent agencies shall make notice to educational institutions for supplements if the application is found insufficient;

c) Within 20 working days since receipt of the application, competent agencies shall grant approval and issue the Decision on extension of the Project if the application is found sufficient and eligible. In case educational institutions are found unqualified for continued operation, competent agencies shall deliver a written reply specifying the reason.

Article 5. Suspension of operation and revocation of the Decision

1. Activities of teaching and learning foreign languages shall be suspended in following cases:

a) The Decision expires;

b) Educational institutions fail to meet requirements as set out in Articles 3, 4, 5, 6, 7 and 8 of the Prime Minister’s Decision No. 72/2014/QD-TTg;

c) Educational institutions fail to comply with provisions on incentives for learners of foreign languages as set out in Article 2 hereof;

2. The Decision shall be revoked in following cases:

a) Educational institutions commit acts in violation of Vietnam laws and/or face revocation of the Decision by law enforcement agencies;

b) After the suspension period, the educational institution still fails to overcome the wrongdoings that lead to suspension of operation.

3. Agencies that have authority to suspend and revoke the Decision are competent agencies that grant approval for the Project as prescribed in Article 10 of the Decision No. 72/2014/QD-TTg.

Article 6. Implementation

1. This Circular takes effect since July 04, 2016.

2. Chief officers, general directors of the Department of International Cooperation, heads of relevant units affiliated to the Ministry of Education and Training, presidents of the People’s Committees of central-affiliated provinces and cities, directors of Services of education and training and heads of educational institutions shall be responsible for executing this Circular./.

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