How is the new regulation regarding educational institutions?

The Ministry of Education and Training (MOET) said that the objective of Circular 09's public disclosure requirements is to make transparent commitments on quality, quality assurance conditions; financial revenues and expenditures at educational institutions and other relevant information of educational institutions so that officials, lecturers, teachers, workers, learners, families and society know and participate in monitoring the activities of educational institutions.

Publicly disclose in accordance with legal regulations but simplify public information, limit updating of detailed technical data, duplicate content, reduce forms to contribute to administrative reform.

Many new points of Circular 09

Circular 09 replaces Circular 36 and is restructured to be more explicit, clear and concise, with the public content consisting of 2 parts: the general public part for educational institutions and the separate public part for each level of education (preschool, general, continuing education; university education and college level in preschool education; minimizing the mandatory forms that educational institutions must declare (from 21 appendices reduced to 02 appendices in the Annual Report).

To avoid overlap in the implementation of public disclosure by educational institutions, because basic public information as prescribed is updated on the industry database, Circular 09 only regulates the content, method, time of public disclosure and principles of public disclosure so that educational institutions can proactively build information by topic compatible with the structure of the educational institution's website.

Regarding the form of publicity, Circular 09 has omitted a number of regulations requiring educational institutions to publicly post information at the educational institution (except for preschools, schools and classes for the disabled that do not have an electronic information portal or specific cases that need to be disseminated directly to students and parents), but instead fully publicize the content as prescribed in this Circular on the educational institution's electronic information page.

In addition, Circular 09 also stipulates more specifically that the public time on the electronic information portal of educational institutions is at least 5 years from the date of public announcement. The public posting time at the educational institution is at least 90 days and after posting, the public content must be retained to ensure access to information for at least 5 years from the date of public posting (for institutions that do not have an Electronic Information page).

In order to reduce cumbersome procedures in reporting and enhance transparency, autonomy, self-responsibility, and self-accountability of educational institutions and local education management agencies, this Circular removes the requirement that educational institutions must report the results of implementing the public regulations of the previous school year and the plan to implement the public regulations of the upcoming school year to the competent authority. Local state education management agencies and educational institutions must only report on public disclosure work when requested in writing by competent state management agencies in accordance with the provisions of law. The Ministry of Education and Training, Departments of Education and Training, and other competent state management agencies will strengthen direction, guidance, inspection, supervision, and handling of violations in accordance with the provisions of law.

Another new point of Circular 09 is the addition of regulations on the content of the Annual Report. The Annual Report is not a summary of public information of the Circular but is one of the public forms showing a panoramic picture of the performance results of educational institutions in each year. Through the public data in the Annual Report, the information has comparative value from the following year to the previous year and serves many purposes of the educational institution.

Circular 09 takes effect from July 19, 2024.