NON-STATE ACTORS IN EDUCATION

1. Terminology

2. Typology of provision

2.1 State education provision 

2.2 Non-state education provision 

2.3 Other types of schools 

3. Governance and regulations

3.1 Regulations by distinct levels of education

3.2 Multi-level regulations 

3.3 Supplementary private tutoring 

 

  1. Terminology

The Education Law (amended in 2015) which governs all education levels in Lao People’s Democratic Republic (PDR) refers to “private individuals, collectives, and organizations within (the) country and from abroad” as non-state actors operating within the country’s education system. The Constitution of the Lao People’s Democratic Republic of 1991 (amended in 2003) refers to the “private sector” in education (Article 22).

 

  1. Typology of provision

2.1 State education provision

State schools

Most education at primary (97% of schools, 93% of total enrolment) and secondary (89% of schools, 97% of total enrolment) levels is provided by the state in Lao PDR, while non-state actors such as individuals, organizations, and development partners are encouraged to assist in contributing funds and equipment to education.  According to the Constitution of the Lao People’s Democratic Republic (as amended in 2003) and the Decree on Compulsory Primary Education of 1996, the state is obliged to provide free and compulsory primary education (5 years, ages 6-10) to all citizens, while the 2015 amendment of the Education Law increased the compulsory education age to 14, additionally making lower secondary education (4 years, ages 11-14) compulsory by law. All education fees from primary to upper secondary (3 years, ages 15-17) level have been eliminated based on the Order and Recommendation No. 1293 issued by the Ministry of Education and Sports (MoES) in 2015. According to Article 89 of the Constitution, the Lao language is the official language of instruction in all state schools in the country.  While secular education is compulsory in state schools, the government promotes the teaching of Buddhist practices in all state schools as part of the national culture.

Non-state managed, state schools

No information was found.

Non-state funded, state schools

No information was found.

 

2.2 Non-state education provision

Independent, non-state schools

Private schools are independent non-state schools that are established, managed, and funded by individuals, legal entities, or organizations within the country or from abroad. These schools also include faith-based schools which are affiliated with various religious groups and accept students from any religious denomination. The main source of funding for private schools is tuition fees, as well as other non-state actors such as international organizations. These schools are obliged to follow the national curriculum, or a curriculum approved by the MoES, while the medium of instruction (similar to state schools) is the Lao language.


The exception to this are international private schools which teach in foreign languages (mainly English Medium) based on a recognized international curriculum and examination system (such as Cambridge International or International Baccalaureate). These schools are only allowed to operate if they have been registered and approved by the MoES (Article 3).  

Community schools are schools which are established, managed, and funded by local communities and usually operate in rural or remote areas (with no information found on the involvement of the state). These schools do not charge any tuition fees and are often served by volunteer in-service teachers. Lao PDR also has several non-formal community learning centres which are similarly established and maintained by the community and serviced by village or volunteer teachers. The involvement of local communities in school management varies across areas and schools, but community members are viewed as essential components in the education system of Lao PDR (both in terms of management and funding).

State-funded (government-aided), non-state schools

While not distinguished in official government education statistics, Buddhist monk schools are non-state schools managed by faith-based individuals and groups that provide monastic education, including the Buddhist dhamma (doctrine and teachings of the Buddha) at all education levels in Lao PDR. The government recognizes monk education as part of the national education system and supports these schools through infrastructure, budget, and staffing. Monk schools also include Pali schools (or temple schools) that mainly provide secular instruction situated within a temple compound and taught by formally qualified monks, with some Pali schools offering Buddhist instruction. Some students (usually boys) may receive additional religious instruction after regular school hours in these temples. In 2015, there were 40-50 Pali schools in Lao PDR.

Contracted, non-state schools

No information was found.

 

2.3 Other types of schools

Homeschooling

While no information or data was found regarding homeschooling in Lao PDR, the MoES (with the support of development partners) implemented home-based learning interventions in all primary and secondary schools in the country during the COVID-19 school closures in March 2020. These included the use of social media platforms, educational programs aired on satellite or national television and radio, and the distribution of printed learning material and textbooks to students. During this time, the MoES worked on developing an online education platform that the Ministry plans to use in similar education emergencies in the future, while tailored interventions were developed for students in remote areas with limited access to internet, radio, or television.

Market contracted (Voucher schools)

No information was found.

Unregistered/Unrecognized schools

No information was found.

 

  1. Governance and regulations

The Ministry of Education and Sports (MoES) centrally governs and regulates all state and non-state education throughout Lao PDR (with separate departments for each education level). According to the Decree on Compulsory Education 1996, education services in Lao PDR can be provided by either state or private institutions, with an established Private Education Promotion Office (PEPO) exclusively responsible for the development and regulation of non-state actors from early childhood to tertiary education level. The Prime Minister’s Decree on Private Education 1995 additionally established the Private Education Advisory Council (PEACO) which operates under the PEPO and is responsible for developing regulations on non-state actors (with the approval of the MoES), as well as the Association of Private Schools (at the request of private school operators) to channel government and external assistance to private education. There is also a Department of Ethnic Affairs and Religion (under the National Assembly) which supervises religious schools in collaboration with the MoES, however information on its exact role regarding religious education could not be found.

The management of education has been gradually decentralized to the Provincial Education and Sports Services (responsible for overseeing the implementation of national policies and laws in each province), the District Education and Sports Bureaus (planning and management units in each district and municipality), and the Village Education Development Committees (established as development units in each village in 2008). The revised Education Law 2015 defines the rights and responsibilities of each education division in Article 86 (including school administration which is consistent with the concept of school-based management).

Vision: According to the Prime Minister’s Decree on Private Education 1995, “the government encourages the private sector to participate in education and considers private education to be a part of the national education system”. The Constitution of the Lao People’s Democratic Republic of 1991 (as amended in 2003) similarly states that “the state promotes private sector investment in the development of national education in accordance with the laws” (Article 22). This principle is further reinforced through the Strategy for Promoting Private Education 2010-2020 (intending to promote the establishment and expansion of private educational institutions across the country) and the Education and Sports Sector Development Plan 2021-2025 which aims to “strengthen cooperation with the private sector”. The previous Education and Sports Sector Development Plan 2016-20 similarly encourages “private and community participation in education development”. While non-state actors are strongly promoted and viewed as “part of the national education system” in Lao PDR, the MoES additionally states that these institutions are required to "abide strictly” to national policies, laws, and regulations and are ultimately under the control of the MoES.

 

3.1 Regulations by distinct levels of education
 

Early childhood care and education (ECCE) in Lao PDR comes in the form of childcare centres or crèches (ages 3 months – 2 years old) and kindergartens (ages 3-5). Most ECCE services are provided by the state (85% of all centres, 83% of total enrolments), while non-state actors establish and operate community or private ECCE centres.

Entry/Establishment

Registration and approval: See Multi-level regulations.

Licence: See Multi-level regulations.

Financial operation

Profit-making: No information was found.

Taxes and subsidies: See Multi-level regulations.

Quality of teaching and learning

Curriculum and education standards: See Multi-level regulations.

Teaching profession: See Multi-level regulations.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: See Multi-level regulations.

Policies for vulnerable groups: See Multi-level regulations.

Quality assurance, monitoring and accountability

Reporting requirements: See Multi-level regulations.

Inspection: See Multi-level regulations.

Child assessment: See Multi-level regulations.

Sanctions: See Multi-level regulations.

 

Entry/Establishment

Registration and approval: See Multi-level regulations.

Licence: See Multi-level regulations.

Water, sanitation and hygiene (WASH): National standards for water, sanitation and hygiene have been developed for both state and non-state schools in early childhood to upper education level through the School Construction Guidelines 2009 which include regulations on latrines separated by both sex and disability, placement and design of latrines, and availability of clean drinkable water.

Financial operation

Profit-making: No information was found.

Taxes and subsidies: See Multi-level regulations.

Quality of teaching and learning

Curriculum and education standards: See Multi-level regulations.

Textbooks and learning materialsNon-state institutions must have all necessary equipment for learning and teaching, which (according to level) includes libraries, laboratories, and sufficient textbooks. At primary level, the MoES provides textbooks and learning material to all schools nationwide. For more information, see Multi-level regulations.

Teaching profession:

Corporal punishmentAccording to Article 47 of the Education Law 2015, teachers are prohibited from “beating or insulting, torture or bias towards learners”, with no explicit prohibition of corporal punishment. The Law on the Protection of the Rights and Interests of Children 2007 additionally confirms that the state has a policy to create “child-friendly schools”, in which children are “protected from the use of violence, physical punishment or inappropriate words or acts that affect (their) dignity”.

Other safety measures and COVID-19: No information was found.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: See Multi-level regulations.

Policies for vulnerable groups: See Multi-level regulations.

Quality assurance, monitoring and accountability

School board: See Multi-level regulations.

Reporting requirements: See Multi-level regulations.

School inspection: See Multi-level regulations.

Student assessment: See Multi-level regulations.

Diplomas and degrees: See Multi-level regulations.

Sanctions: See Multi-level regulations.

 

In Lao, PDR, tertiary education is categorized into colleges, institutes, universities and academies, with degrees including pre-Bachelor’s, Bachelor’s, Master’s, and Doctorate for citizens over the age of 18 in the country. Higher education institutions (HEIs) can be established as state institutions, community institutions (state-funded and managed by communities), local or international private institutions (established, funded and managed by local or foreign investors), and foreign or international organization institutions, which are established by international organizations or foreign educational institutions and managed by relevant authorities through bilateral or multilateral agreements. Both state and non-state higher education is regulated and managed through the Decree on Higher Education No. 177 of 2015, which applies to “individuals, groups, public and private, and domestic and foreign organizations”.

Entry/Establishment

Registration and approval: All HEIs in Lao PDR must be incorporated and approved by the Prime Minister based upon the request of the MoES. To be considered for approval, applicants must prove that the proposed institution satisfies the socio-economic needs of the country and that the required conditions have been complied with, including adequate infrastructure, sufficient financial resources, and accessible facilities. For more information, see Multi-level regulations.

License: See Multi-level regulations.

Financial operation

Profit-making: No information was found.

Taxes and subsidies: The government assists non-state HEIs by partially funding facility development and teacher training. For more information, see Multi-level regulations.

Quality of teaching and learning

Curriculum and education standards: All educational programs taught in both state and non-state HEIs must be approved and accredited by the MoES and adhere to national higher education standards, while all textbooks used must be approved by the Chancellor. The official language of instruction in every institution must be the Lao language, with exceptions set for foreign language research projects. For more information, see Multi-level regulations.

Teaching profession: According to the Decree on Higher Education 2015, at least half the lecturers employed in all private, foreign, and international HEIs must be on a full-time contract and have suitable qualifications (approved by the MoES). Every state and non-state institution must make plans to train and develop the professional skills of their staff, while all teaching staff must adhere to the Decree on Teacher Civil Servant No. 177/2012. For more information, see Multi-level regulations.

Equitable access

Fee-setting: Fees collected for student tuition, registration, and issuance of diplomas are listed as one the main sources of income for non-state HEIs, with no regulation found regarding fee limits or increases. For more information, see Multi-level regulations.

Admission selection and processes: The Decree on Higher Education 2015 regulates student admissions in all HEIs (state and non-state) based on merit, with institutions given the freedom to use their own specific student selection methods provided that they remain “fair and transparent”. Disadvantaged students such as students of lower socioeconomic status, ethnic minorities, and children with physical or mental disabilities are provided with state-funded scholarships at a proportion of 20% of the total intake rate in state universities, with no regulation found that is specific to non-state institutions. For more information, see Multi-level regulations.

Quality assurance, monitoring and accountability

Board: While the Decree on Higher Education 2015 requires all state and non-state HEIs to establish a Board of Directors and Technical Council, there was no information found on their composition. For more information, see Multi-level regulations.

Reporting requirements: Both state and non-state HEIs are required to establish internal quality assurance systems and submit annual reports on the outcomes to state authorities (such as the MoES or Provincial Education and Sports Services) upon request. The results of any internal self-assessment report must additionally be based on specific conditions and standards set by the MoES and made available to the public for accountability purposes. For more information, see Multi-level regulations.

Inspection: The MoES is responsible for the quality assurance of all HEIs in Lao PDR (state and non-state), including the monitoring of the implementation of the Minimum Education Standards of Higher Education Institutions 2013 and the National Qualifications Framework. Minimum standards include which include indicators in governance and management, curriculum, teaching-learning effectiveness, quality assurance, and student support services. All types of HEIs (state, private, foreign and domestic) are inspected by MoES officials on an annual basis in order to evaluate whether existing regulations are being complied with. For more information, see Multi-level regulations.

Assessment: Each HEI in Lao PDR must develop an assessment and examination system to evaluate teaching and learning that must be approved by the MoES. For more information, see Multi-level regulations.

Diplomas and degrees: According to the Decree on Higher Education 2015, HEIs can design and issue their own diplomas and degrees based on a format issued by the MoES. Since 2013, colleges are required to be upgraded to institutes in order to offer Bachelor or higher-level degrees. For more information, see Multi-level regulations.

Sanctions: The MoES may apply temporarily or permanently close any HEI in Lao PDR (irrespective of ownership) if certain conditions have not been complied with, which include violating existing regulations, not operating in accordance with the institution’s role, failing to submit the annual quality assurance reports, or issuing false degrees. Institutions that are unable to meet the Minimum Education Standards of Higher Education Institutions are given a chance to improve and be re-evaluated after submitting an “improvement letter”, and if still unable to meet the standards, are subject closure. For more information, see Multi-level regulations.

 

3.2 Multi-level regulations

This section covers regulations on the establishment, operation, and quality of non-state educational institutions from early childhood to higher education level in Lao PDR. The MoES regulates non-state actor involvement at all education levels through the Education Law 2015 and the Prime Minister’s Decree on Private Education 1995.

Entry/Establishment

Registration and approval: Legal entities and/or individuals have the right to establish a non-state educational institution at any education level only through registering and receiving a license from the MoES. The  Prime Minister’s Decree on Private Education 1995 states that the applicant can be a Lao citizen or a foreigner, but in the case of a foreigner, at least one person in the Board of Directors (the Vice-President in the case of legal entities) must be a citizen of Lao PDR. To receive approval for registration, applicants must fulfill the criteria set out by the MoES which include having a detailed infrastructure plan, sufficient financial assets and equipment, following the national curriculum, as well as having good morals and never been convicted of a crime. Applicants must additionally adhere to the School Construction Guidelines 2009 which require any educational institution established to have adequate and accessible space, sufficient classroom size, and water and sanitation facilities. According to the Prime Minister’s Decree on Private Education 1995, any foreign investments used in the establishment of non-state institutions are required to additionally receive approval by the Foreign Investment Management Committee (Article 4).

License: If all the criteria have been met, the MoES (through the relevant department or office) may issue the applicant a license to establish the institution.

Financial operation

Taxes and subsidiesAccording to the Support and Encouragement of Private School Policy in the Prime Minister’s Decree on Private Education 1995, all non-state educational institutions are exempt from business, land-use, and income tax, while all imports of necessary educational material to the country are exempt from customs. Moreover, the MoES may grant aid gained from international organizations to non-state schools and provide in-service training for non-state teachers. While the support to non-state educational institutions varies, the Decree additionally stipulates that “the support and encouragement of private education is based on the assumption that private schools abide by Government regulations”. Buddhist monk schools are funded by the government to cover infrastructure, budget, and staffing costs.

Quality of teaching and learning

Curriculum and education standardsNon-state institutions at all levels are required to apply the national curriculum or a curriculum approved by the MoES, while all early childhood education programs should ensure the physical and mental development of children and prepare them for entering primary level. The official language of instruction in every institution is the Lao language, with exceptions set for international private schools, which must be approved by the MoES. In 2013 the MoES officially issued the framework of Education Quality Standard for primary schools, which gives schools and communities the authority to develop annual school development plans.

Teaching professionAny teachers or lecturers employed in non-state institutions must be approved by the MoES, which is additionally responsible for providing them with in-service training and protecting their employer rights and interests. According to the Prime Minister’s Decree on Private Education 1995, teachers in state schools may work part-time in private schools under conditions determined by the MoES. All teachers are covered under the same provisions in the Education Law (which doesn’t include working conditions), with the Labor Law 2013 applying to all employees in Lao PDR (including employees of non-state institutions). The Labor Law 2013 includes provisions on minimum wage, working hours, and leave.  

Equitable access

Fee-settingNon-state educational institutions have the right to collect and administer fees and service charges in accordance with regulations and laws set out by the MoES. The Private Education Promotion Office held a meeting in 2019 to introduce legislation on the collection of fees from ECCE to tertiary education level.

Admission selection and processesThere was no information found regarding the regulation of admission and selection practices in non-state institutions. The Education Law (2015) only states that all students in state and non-state establishments (especially women), ethnic minorities, and children with any form of disability should be given equal opportunity of admission (without specifying how this could be ensured).

Policies for vulnerable groups: The state encourages individuals and organizations in charge of non-state institutions to support disadvantaged students (as defined above) “in an appropriate form” without however specifying how this may be achieved. In March 2020, the state issued a Decree on Ethnic Groups which requires all schools to provide free education to ethnic minorities of lower socioeconomic status.
 

Quality assurance, monitoring and accountability

BoardThe amended Education Law 2015 promotes school-based management through the establishment of Village Education Development Committees (VEDC) and giving all non-state schools the responsibility to coordinate with local and provincial offices, communities, and parents in the management, operation, and budget of each institution. According to the VEDC Handbook 2013 and implementation guidelines issued by the MoES, the VEC is comprised of 7-15 members (depending on the village size) including the school principal, representatives of teachers and parents, and the President of the village’s Lao People’s Revolutionary Youth Union, which are all required to participate in the process of school self-assessment, school development planning, and budgeting. The MoES may additionally order any non-state institution to establish an Advisory Council which must consist of the institution’s manager as Director, one representative from the MoES or provincial and district offices, one separate representative for teachers and parents, and one person responsible for academic affairs. Regular meetings are also organized by Village Chief (head of VEDC) for the wider community and parents to meet and discuss school operations. The importance of school-based management is additionally emphasized in the Education and Sports Sector Development Plan 2016-2020 which is viewed as an important way of improving student learning outcomes.

Reporting requirements: All educational institutions in Lao PDR (irrespective of ownership) are required to carry out transparent School Self-Assessments over a 3-day period and report the results to the provincial education authorities (with fines for non-compliance).

Inspection: The Department of Inspection (under the MoES) is responsible for supervising and monitoring the quality of all educational institutions, as well as investigating any claims or complaints made. Provincial or district education offices may appoint inspectors to carry out notified inspections of non-state educational institutions, which then submit reports to the MoES on their implementation of relevant laws and regulations.

Assessment: According to the Prime Minister’s Decree on Private Education 1995, any examinations organized in non-state educational institutions are required to abide to the same regulations on student assessments that apply to state institutions.
Diplomas and degreesEach non-state educational institution is responsible for awarding certificates, diplomas, or degrees to graduating students (depending on education level) that have been recognized by the MoES. The institution will be subject to sanctions (depending on the severity of each case) if the Department of Inspection discovers any of these awards to be fraudulent or issued in a way that violates existing regulations. The Prime Minister’s Decree on Private Education 1995 additionally states that students in non-state educational institutions can transfer to equivalent state institutions (and vice versa).

Sanctions: If any educational institution is found to no longer fulfil the registration criteria, violates any regulations set out in the Prime Minister’s Decree on Private Education 1995, the Education Law 2015, or any other relevant regulations issued by the MoES, the MoES or provincial education authority has the right to suspend or withdraw the registration license (Article 11), with no specific information found on school closures.

3.3 Supplementary private tutoring

According to two separate studies, teachers in Lao PDR appear to be engaging in fee-paying private supplementary tutoring at a rate of approximately 5% in primary (2013 study) and 14% in lower secondary (2008 study). There was no information found in official documents however regarding the different forms of private tutoring in the country or its recent prevalence. There were also no regulations found on teachers engaging in private supplementary tutoring.

Entry/Establishment

No information was found.

Financial operation and quality

No information was found.

Teaching profession

No information was found.

 

Last modified:

Mon, 16/10/2023 - 11:42