The Chairman of the People's Committee at the commune level appoints the principal and vice principal of preschools, primary schools and secondary schools.

The Ministry of Education and Training said that the authority to appoint, dismiss, transfer, and remove the heads and deputy heads of preschool, primary, and secondary schools is decided by the Chairman of the People's Committee at the commune level.

The Ministry of Education and Training has just issued a document guiding the resolution of difficulties and problems when operating the two-level local government organization model in the field of education and training.

The Ministry of Education and Training received a request for specific and clear guidance on the authority to manage teachers, management staff, civil servants and workers when operating a two-level local government organization model.

The right to appoint principals of kindergartens, primary schools and secondary schools now belongs to the chairman of the People's Committee at the commune level.

PHOTO: THANH NAM

The Ministry of Education and Training explained: On June 12, the Government issued Decree No. 142/2025/ND-CP regulating the division of authority between two levels of local authorities in the field of state management of the Ministry of Education and Training (effective from July 1, 2025).

At point b, clause 4, article 40, it is stipulated that the director of the Department of Education and Training has the authority to "appoint... management personnel in public educational institutions in the province".

However, on June 16, 2025, the National Assembly passed the Law on Organization of Local Government (effective from June 16, 2025). Clause 10, Article 23 of the law stipulates that the Chairman of the People's Committee at the commune level has the authority to "decide to appoint, dismiss, transfer, and remove the head and deputy head of specialized agencies, other administrative organizations, and public service units under the People's Committee at his/her level".

According to the Ministry of Education and Training, Clause 3, Article 58 of the Law on Promulgation of Legal Documents 2025 stipulates: "In case legal documents have different provisions on the same issue, the document with higher legal effect shall apply."

On July 24, the Minister of Education and Training issued Circular No. 15/2025/TT-BGDDT guiding the functions, tasks and powers of the Department of Education and Training and the Department of Culture and Social Affairs under the People's Committees of communes, wards and special zones of provinces and centrally run cities in the field of education and training (effective from the date of signing).

Accordingly, Clause 2, Article 6 of Circular 15 stipulates that the authority to appoint, re-appoint, remove from office, dismiss... the heads and deputy heads of public educational institutions under the management authority" is decided by the Chairman of the People's Committee at the commune level.

"Thus, according to the above regulations, the authority to appoint, dismiss, transfer, and remove the heads and deputy heads of preschool, primary, secondary schools, and general education institutions with multiple levels of education, the highest level of which is secondary school, is decided by the Chairman of the People's Committee at the commune level," the guidance document of the Ministry of Education and Training stated.

Criteria for determining job positions in schools

The Ministry of Education and Training also received a request for guidance on criteria and procedures to determine job positions, staff structure according to professional titles and quotas for the number of people working in general education institutions and public specialized schools, as a basis for localities to properly implement regulations.

Regarding this, the Ministry of Education and Training cited Clause 4, Article 3 of Circular No. 20/2023/TT-BGDDT stipulating: "For special cases where the number of students/class must be arranged lower or higher than the average level by region prescribed in Clause 2 of this Article, the Provincial People's Committee shall decide on the number of students/class in accordance with reality".

Accordingly, the Ministry of Education and Training guides: "In special cases, based on the current conditions (facilities, staff), principals of educational institutions calculate and submit to the People's Committee at the commune level the quota of students/class.

The People's Committee at the commune level shall consider and report to the Department of Education and Training so that the Department of Education and Training may submit to the Chairman of the Provincial People's Committee a specific regulation on the number of students lower than or exceeding the maximum ceiling prescribed in accordance with the actual situation of each educational institution in the area in order to resolve special situations arising during the implementation of Circular No. 20.

Source: https://thanhnien.vn/chu-tich-ubnd-cap-xa-bo-nhiem-hieu-truong-hieu-pho-mam-non-tieu-hoc-thcs-185250731125417252.htm