The authority to assign the number of employees to schools is inconsistent
The authority to assign the number of employees to schools is lacking in consistency between the Law on Organization of Local Government and the Circular.
In the afternoon of April 23, continuing the First Session, Member of the National Assembly Standing Committee, Chairwoman of the National Assembly's Committee for Petitions and Supervision Le Thi Nga presented a report on the results of supervising the settlement of voters' petitions sent to the 10th Session, 15th National Assembly.
According to the report, voters in Tuyen Quang province reflected a lack of unity in the authority to assign the number of employees to schools between the Law on Organization of Local Government and Circular No. 15 of the Ministry of Education and Training (MOET).
The Ministry of Transport and Communications replied that it is drafting amendments and supplements to regulations in a number of decrees, including reviewing the authority to decide the number of people working and receiving salaries from the state budget at public educational institutions.
According to Chairman Le Thi Nga, monitoring shows that Article 21 of the Law on Organization of Local Government establishes the authority of the Commune-level People's Council in deciding the number of people working and receiving salaries from the state budget at public non-business units in the area, based on targets assigned by the province.
Article 4 of Circular 15 stipulates: The Department of Education and Training assigns and adjusts the number of employees receiving salaries from the state budget for public educational institutions in the province in the total number of employees approved by the Provincial People's Council.
According to the above regulations, both the Department of Education and Training and the Commune People's Council jointly assign the number of employees to schools. This gives rise to signs of overlapping authority and lack of unity in implementation organization.
A very noteworthy point is that the Law on Organization of Local Government is one of the grounds for the Ministry of Transport to issue Circular 15.
In the document responding to voters' petitions, the Ministry has not mentioned reviewing, amending, and supplementing Circular 15, while this is a document directly related to the issue reflected by voters.
The Ministry of Transport cited Article 13 of the Law on Organization of Local Government to affirm that the People's Committee of Tuyen Quang province can decentralize the authority to decide on the number of people working and receiving salaries from the state budget in public educational institutions.
However, according to Article 21 of this Law, the Commune-level People's Council is assigned direct authority in deciding the number of employees mentioned above.
This is the authority clearly stipulated by law and is independent of the elected body at the commune level, not a task assigned or authorized by the Provincial People's Committee to implement. The Ministry's citation of regulations on decentralization is inaccurate.
From there, it is proposed that the Government direct the Ministry of Transport to comprehensively review and amend the regulations in Circular 15 in accordance with the Law on Organization of Local Governments;
The Ministry of Justice conducts inspections to clarify signs of inappropriateness in the issuance of documents and proposes handling according to legal regulations.
The report also clearly states that the Ministry of Education and Training has issued a decision to select the set of textbooks "Connecting Knowledge with Life" for uniform use nationwide from the 2026-2027 school year.
However, the Ministry has not clarified the review and completion of the general education program as a basis for this decision.
It is proposed that the Ministry of Education and Training urgently review and complete the general education program; clarify the basis for selecting a set of textbooks for uniform use nationwide.
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