Thông tư 45/2026/TT-BGDĐT sửa đổi Thông tư 15/2025/TT-BGDĐT hướng dẫn chức năng, nhiệm vụ, quyền hạn của Sở Giáo dục và Đào tạo thuộc Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương và Phòng Văn hóa - Xã hội thuộc Ủy ban nhân dân xã, phường, đặc khu thuộc tỉnh, thành phố trực thuộc trung ương trong lĩnh vực giáo dục và đào tạo do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 15/2025/TT-BGDDT DATED JULY 24, 2025 OF THE MINISTER OF EDUCATION AND TRAINING ON GUIDANCE ON FUNCTIONS, TASKS AND POWERS OF EDUCATION AND TRAINING DEPARTMENTS AFFILIATED TO PEOPLE'S COMMITTEES OF PROVINCES, CENTRAL-AFFILIATED CITIES AND DIVISIONS OF CULTURE - SOCIAL AFFAIRS AFFILIATED TO PEOPLE'S COMMITTEES OF COMMUNES, WARDS, AND SPECIFIC ZONES OF PROVINCES, CENTRAL-AFFILIATED CITIES IN THE FIELD OF EDUCATION AND TRAINING

Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Law on Education No. 43/2019/QH14 amended by the Law No. 123/2025/QH15;

Pursuant to the Resolution No. 248/2025/QH15 dated December 10, 2025 of the National Assembly on some special and extra policies and mechanisms for achievement of breakthrough development in education and training;

Pursuant to the Government’s Decree No. 37/2025/ND-CP dated February 26, 2025 on functions, tasks, powers and organizational structure of the Ministry of Education and Training of Vietnam;

Pursuant to the Government’s Decree No. 150/2025/ND-CP dated June 12, 2025 on organization of specialized authorities affiliated to People’s Committees of provinces and central-affiliated cities and People’s Committees of communes, wards and special zones of provinces and central-affiliated cities, amended by the Government’s Decree No. 370/2025/ND-CP dated December 31, 2025;

At the request of the Director of the Department of Organization and Personnel;

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Article 1. Amendments and annulment of some points and clauses in Article 4

1. Point d, dd, e, g clause 1 shall be amended as follows:

“d) Draft resolution of the provincial People's Council on decision on determination of specific tuitions serving as a basis for tuition fee exemption granted to preschool children, general education students and learners of general education programs in public educational institutions; and decision on tuition fee support rates for preschool children, general education students and learners of general education programs in people-founded and private educational institutions;

dd) Decision on collection and use of admission fees for educational levels on the principle of a roadmap of accuracy and adequacy; and decision on list of and charges for education services under its management, which are not covered by the state budget or have not been included in tuition fees, on the principle of accuracy and adequacy;

e) Decision on functions, tasks, powers, and organizational structure of the Education and Training Department; decision on functions, tasks, powers, and organizational structure of public service providers affiliated to the Education and Training Department (unless otherwise provided for by specialized laws);

g) Decision on devolution of state management tasks in education to the Education and Training Department, the commune-level People's Committee, Chairperson of the commune-level People's Committee; devolution of continuous and regular performance of one or more tasks and powers assigned by the provincial-level People's Committee as prescribed by law to public service providers under its management;”.

2. Point m shall be added after point l clause 1 as follows:

“m) Decision on authorization of state management tasks in education to the Education and Training Department, Director of the Education and Training Department, the commune-level People's Committee, Chairperson of the commune-level People's Committee; authorization of continuous and regular performance of one or more tasks and powers assigned by the provincial-level People's Committee as prescribed by law to public service providers.”.

3. Points d, dd and e clause 2 shall be amended as follows:

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dd) Decision on permission for establishment or dissolution of preschool educational institutions and general educational institutions as proposed by foreign diplomatic missions or intergovernmental organizations in accordance with applicable laws;

e) Decisions on conversion of type of private junior  and senior kindergarten, and preschools; private upper secondary schools, and private multi-level general schools whose highest level is upper secondary education invested and operationally guaranteed by domestic investors, and private general educational institutions invested and operationally guaranteed by foreign investors in accordance with applicable laws;

4. Clause 5 shall be amended as follows:

“a) Recruit and receive educators, educational institution managers, and educational assistance personnel in preschools, general education, continuing education, special schools, and public vocational secondary schools within the province; exercise the jurisdiction over assignment, transfer, secondment, appointment, and change of job positions for educators, educational institution managers, and educational assistance personnel in public educational institutions under its management, and public educational institutions whose scope of management involves two or more commune-level administrative divisions within the province;

b) Manage educators, educational institution managers, public employees and employees in public educational institutions under its management as devolved by the provincial People's Committee and according to the law.”.

5. Points a and b clause 6 shall be amended as follows:

“a) Approve and adjust job position as devolved/authorized or request a competent agency/person to decide such approval and adjustment; manage job position and the number of working personnel in educational institutions under its management authority;

b) Ensure a sufficient number of working personnel whose salaries are covered by state budget and the number of labor contracts based on the approved job positions, meeting education quality assurance requirements; assume accountability for educational activities, education quality, management of public employees, employees, and learners, and implement education development policies under its management;”.

6. Point a clause 7 shall be amended as follows:

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7. Points a, b and i clause 8 shall be amended as follows:

“a) Decide as devolved/authorized or request a competent agency/person to decide appointment, reappointment, extension of office term, resignation, dismissal, assignment, transfer, change of job position, commendation, and discipline of heads and deputy heads of public educational institutions under its management as prescribed by law;

b) Organize state management of continuing education institutions (except for community learning centers); vocational education institutions; institutions participating in vocational education activities; upper secondary educational institutions; and specialized educational institutions (except for semi-boarding ethnic general schools, boarding ethnic general schools, and boarding general schools whose highest level is lower secondary education) under its management in accordance with regulations of law;

i) Conduct self-assessment of each unit's digital transformation; provide guidance for and urge the commune-level People's Committees and local educational institutions to make assessment according to the indicators issued by the Ministry of Education and Training; effectively manage, access, and use the educational database for the right purposes as devolved, ensuring personal information confidentiality and data security.”.

8. Point dd clause 9 shall be amended as follows:

“dd) Provide guidance and inspect management and use of state budget, public property, service revenues, sponsorships, and other lawful financial sources for education within the province; preside over or cooperate with financial agencies and relevant agencies in public and transparent management and use, and assurance of accountability in accordance with the law;”.

9. Point i clause 1; points h, i and k clause 2; point c clause 6; point k clause 8 shall be annulled.

Article 2. Amendments and annulment of some points and clauses in Article 6

1. Point c clause 2 shall be amended as follows:

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2. Point b clause 3 shall be amended as follows:

“b) Cooperate with relevant specialized agencies to advise and request the commune-level People's Committees to decide investment or participation in investment in construction of kindergartens, primary, and lower secondary schools, multi-level general schools whose highest level is lower secondary education, and other educational institutions under its management in accordance with regulations; cooperate with relevant units to advise competent agencies on the development of national standard schools and land use plans for educational institutions under its management;”.

3. Point c shall be added after point b clause 6 as follows:

 “c) Advise the Chairperson of the commune-level People's Committee about exercising the jurisdiction over assignment, transfer, secondment, and change of job positions for educators and educational assistance personnel in public educational institutions under its management.”.

4. Point c clause 8 shall be amended as follows:

“c) Advise and provide guidance on first-stage admission under its management; implement universalization of education, compulsory education, literacy eradication, national large-scale assessments, and the development of a learning society within the commune; direct and supervise local schools under its management for education quality assurance, build schools meeting national standards, and implement quality improvement plans to continuously maintain and enhance education quality in accordance with regulations; advise competent agencies on assistance policies for effective operations conducted by community learning centers, thereby contributing to successful achievement of local economic, cultural, and social development goals;".

5. Point b clause 2 Article 6 shall be annulled.

Article 3. Effect

This Circular takes effect from June 10, 2026.

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The Chief of Office, the Director of the Department of Organization and Personnel, heads of relevant units affiliated to the Ministry of Education and Training; Chairpersons of provincial People's Committees; Directors of Departments of Education and Training; Chairpersons of commune-level People's Committees; and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular./.

PP. MINISTER
DEPUTY MINISTER




Pham Ngoc Thuong