Circular No. 22/2017/TT-BGDDT dated September 6, 2017 of the Ministry of Education and Training on promulgating conditions, procedures for offering courses and suspension of enrolment and revocation of decision on offering courses at bachelor’s degree level

THE MINISTRY OF EDUCATION AND TRAINING

Circular No. 22/2017/TT-BGDDT dated September 6, 2017 of the Ministry of Education and Training on promulgating conditions, procedures for offering courses and suspension of enrolment and revocation of decision on offering courses at bachelor’s degree level

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to Decree No. 141/2013/ND-CP dated October 24, 2013 on guidelines for the Law on Higher Education;

Pursuant to Government s Decree No. 123/2016/ND-CP dated September 1, 2016 on functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to the Government s Decree No. 69/2017/ND-CP dated May 25, 2017 on functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decision No. 26/2014/QD-TTg dated March 26, 2014 of Prime Minister promulgating Regulations on organization and operation of Vietnam National University and higher education institution members;

At the request of Director of Department of Higher Education;

The Minister of Education and Training promulgates a Circular on conditions, procedures for offering courses and suspension of enrolment and revocation of decision on offering courses at bachelor’s degree level:

Article 1. Scope of adjustment and subject of application

1. This Circular sets forth conditions, procedures for offering courses and suspension of enrolment and revocation of decision on offering courses at bachelor’s degree level.

2. This Circular applies to national universities, regional universities, institutes, senior colleges (hereinafter referred to as training institutions), and relevant entities.

Article 2. Conditions for offering courses

A training institution is entitled to offer a course at bachelor’s degree level when the following conditions are fulfilled:

1. Courses:

a) The course applied for registration must meet society s needs and learners; meet requirements in terms of personnel resources for socio-economic development of localities, areas, regions, and nation; and meet functions and tasks of the training institution. The offering of course has been determined in the guidelines and development plan of the training institution.

b) The course applied for registration has been included in the level-four classification of education as prescribed (hereinafter referred to as the Classification).

With regard to a course which has not been included in the Classification (hereinafter referred to as new course), the training institution must clarify:

- Scientific argument and society needs relating to the new course (with at least two opinions about the necessity of the course offered by 2 entities wishing to employ human resources after training);

- Reality and experience in course of certain countries in the world and at least 2 training curricula used as reference of foreign higher education institutions; these curricula have quality recognized or have been permitted by competent authority and degrees/certificates thereof have been issued (except for a course only be trained in Vietnam or relating to national defense and security).

2. Full-time lecturers and researchers (hereinafter referred to as full-time lecturers) that are employed must meet the conditions for quantity, quality, qualifications, and composition to provide the registered course under bachelor’s degree program; no multidisciplinary full-time lecturer under the bachelor s degree program is allowed; at least 1 Doctor of Philosophy (PhD) who takes charge and administers the training curriculum and is held accountable for training quality to the training institution and society, in particular:

a) There are at least 10 full-time lecturers obtaining at least master’s degree in the course which is the same or closed to the registered course, in which at least 1 doctor and 4 masters, or 2 doctors and 2 masters in the same registered course; except for courses prescribed in Points b, c, and d of this Clause.

b) With regard to courses in the program of foreign languages and culture (except for English, Russian, French, German, and Chinese languages), there are at least 6 full-time lecturers obtaining at least master’s degree in the course which is the same or closed to the registered course, in which at least 1 doctor and 3 masters, or 2 doctors and 1 master in the same registered course.

c) With regard to courses in the program of health:

- Lecturers and practical instructors of subjects and units of study in respect of examination and treatment must obtain examination and treatment practicing certificates, have worked at health facilities meeting conditions for practice facilities in the program of health category as prescribed.

- Each subject under basic or specialized body of knowledge of training curriculum must have at least 1 full-time lecturer obtaining degree, graduate thesis or dissertation in conformity with the subject that he/she takes charge; in which, the number of doctors is required as follows:

General medicine: at least 2 doctors of biomedical sciences, 6 doctors of clinical medicine and 1 doctors of preventive medicine (or public health).

Traditional medicine: at least 2 doctors of biomedical sciences, 3 doctors of traditional medicine and 1 doctors of preventive medicine (or public health).

Orthodontics: at least 2 doctors of biomedical sciences, 2 doctors of clinical medicine and 3 doctors of orthodontics.

Preventive medicine: at least 2 doctors of biomedical sciences, 1 doctors of clinical medicine and 4 doctors of preventive medicine (or public health).

Pharmacy: at least 2 doctors specialized in basic subjects of Pharmacy and 3 doctors specialized in subjects of Pharmacy.

d) With regard to registered course in category of art, there are at least 10 full-time lecturers in the course which is the same or closed to the registered course, with at least 1 doctor and 3 masters in the same registered course. If the registered course has not included in a master’s degree or doctorate degree program in any Vietnamese training institution, requirement pertaining to the full-time lecturer obtaining doctorate degree may be replaced with people’s artist obtaining bachelor’s degree in the same registered course and the requirement pertaining to the full-time lecturer obtaining master’s degree may be replaced with meritorious artist obtaining bachelor s degree in the same registered course.

d) Each full-time lecturer must teach at least 70% of body of knowledge required by the training curriculum; the remaining body of knowledge will be given to visiting lecturers (Vietnamese or foreign lecturers) who have entered into visiting lecturer agreements with the training institution. Each full-time lecturer or visiting lecturer must have qualifications in conformity with the units of study that they are assigned.

In case of a non-public training institution, there are at least 40% of full-time lecturers teaching in the registered course who are within legal working age.

When a course which is permitted to be offered at an institution s headquarters is also offered at the institution s branch in the case that the branch is far from the headquarters or traffic inconvenience (convenient for daily commute for teaching purpose), at least 40% of full-time lecturers prescribed in this Clause must be assigned at the branch and the remaining full-time lecturers must be assigned at the headquarters.

e) If the registered course has not included in a master’s degree or doctorate degree program in any Vietnamese training institution and the number of full-time lecturers obtaining master’s degree or doctorate degree program in the registered course is not sufficient as prescribed, it will be covered by masters and doctors in the course closed to the registered course. The aforesaid lecturer must have taught bachelor’s degree program for at least 5 years and at least 2 scientific works in the registered course which have published within 5 years since training institution applied for offering the course.

3. Facilities, equipment, libraries, and textbooks meet requirements pertaining to teaching, research, learning as required by registered course under bachelor’s degree program, in particular:

a) Classrooms, laboratories, training workshops, pilot plants, and equipment deemed necessary must be sufficient to serve the teaching, learning and scientific research of the registered course, in accordance with the list of minimum equipment required for the training of course or program as prescribed (if any); contracts for association in practical teaching, probation in the registered course with enterprises and producers in the field of registered course are required.

In case of certain courses in the program of health, conditions for practice facilities outside the training institution shall be applied in accordance with regulations of law in force, and the practices facilities inside the training institution shall have at least laboratories below:

- General medicine: biology and genetics, biophysics, chemistry, anatomy, embryonic tissue, physicology, biochemistry, microbiology – parasitology, pathology, pathophysiology – immunology, pharmacology, nutrition and food safety and hygiene, environmental health and occupational health, basic nursing. A paraclinical center must have at least practical rooms for the following majors: internal medicine, surgery, obstetrics and gynecology, paediatrics, intensive care, and nursing.

- Traditional medicine: biology and genetics, biophysics, chemistry, anatomy, embryonic tissue, physicology, biochemistry, microbiology – parasitology, pathology, pathophysiology – immunology, pharmacology, medicinal plants, basic nursing. A paraclinical center must have at least practical rooms for the following majors: internal medicine, surgery, intensive care, nursing, acupuncture, massage – health preservation, herbal ingredients, and traditional remedies.

- Orthodontics: biology and genetics, biophysics, chemistry, anatomy, embryonic tissue, physicology, biochemistry, microbiology – parasitology, pathology, pathophysiology – immunology, pharmacology, nutrition and food safety and hygiene, basic nursing. A paraclinical center must have at least practical rooms for the following majors: Dental treatment and endodontics, prosthodontics, orthodontics, periodontics, oral and maxillofacial surgery, Labo dentures.

- Preventive medicine: biology and genetics, biophysics, chemistry, anatomy, embryonic tissue, physicology, biochemistry, microbiology – parasitology, pathology, pathophysiology – immunology, pharmacology, nutrition and food safety and hygiene, environmental health and occupational health, basic nursing. A paraclinical center must have at least practical rooms for the following majors: Internal medicine, surgery, obstetrics and gynecology, paediatrics, intensive care, and nursing.

- Pharmacy: physics, inorganic general chemistry, biology, analytical chemistry, anatomy – physiology, pathophysiology – immunology, biochemistry, microbiology – parasitology, medicinal plants, organic chemistry, pharmacology, herbal ingredients, medicinal chemistry, traditional pharmacology, drug preparation, clinical pharmacy, pharmaceuticals industry, drug testing, microbiological extracts. There is at least a practical drugstore.

- Nursing: biology and genetics, biophysics, chemistry, anatomy, physicology, biochemistry, microbiology – parasitology, pathology, pathophysiology – immunology, pharmacology, nutrition and dietetics, environmental health, traditional medicine, basic nursing. A paraclinical center must have at least practical rooms for the following majors: internal healthcare; surgery healthcare; women-mother and family healthcare; children healthcare; healthcare for those who need rehabilitation.

b) Libraries and/or electronic libraries must have sufficient documents and materials to serve teaching, research, and learning of lecturers and students.

c) The training institution’s website is subject to regular updates and publishment of commitment to education quality and inspection thereof; publishing the list of full-time lecturers, visiting lecturers, students to be admitted, graduated, and issued with degrees in the annual basis, classified by courses (except for courses requiring confidentiality as per the law); employment rates of students after 1-year graduation classified by courses; publishing tuition fees and training costs of the training institution; publishing expected learning outcomes and training curricula of all courses being provided.

When a discipline which is permitted to be offered at an institution s headquarters is also offered at the institution s branch, the facilities at the branch must meet conditions prescribed in Point a, Point b of this Clause.

4. Training curriculum and other conditions:

a) The training curriculum of the registered course must ensure the standards for knowledge and skills of learners after graduation and meet requirements for advanced standing between different programs and training curricula.

b) The training curriculum and syllabus of units of the registered course are established in a manner that ensure expected learning outcomes and in line with applicable Vietnamese framework of reference.

c) The training curriculum which is issued by the training institution upon ratification of the scientific and training council will be carried out if the competent authority grants the approval for offering the course.

d) The training institution has registered higher education quality assessment or has been certified that it achieves education quality standards in accordance with applicable regulations and laws;

dd) A full-time management unit qualified for training management is established; regulations on bachelor’s degree program are issued;

e) The training institution has not violated applicable provisions on offering the course, enrolment, training organization and management in courses being offered and regulations on higher education within 3 years, until the date on which the course is applied for being offered.

Article 3. The power to permit the offering of a course

1. The Minister of Education and Training has the power to permit the offering of a course of a training institution which meets conditions prescribed in Article 2 of this Circular. The Minister of Education and Training shall also consider permitting the opening of courses in special cases that meet the needs of high-qualified human resources or particular branches of knowledge

2. Director of Vietnam National University has the power to permit the offering of a course under bachelor’s degree program of subsidiary faculties, branches or senior college members if they satisfy conditions prescribed in Article 2 of this Circular;

The head of a training institution achieving national standards recognized by the competent authority or entitling to exercise autonomy has the power to offer courses under bachelor’s degree program when all conditions prescribed in Article 2 of this Circular are fulfilled.

3. The Director of a regional university is delegated by the Minister of Education and Training to offer courses of subsidiary faculties, branches or senior college members when the conditions prescribed in Article 2 of this Circular are fulfilled.

Article 4. Procedures for offering courses

1. If a training institution wishes to offer a course and considers that it satisfies all conditions for offering courses under bachelor’s degree program prescribed in Article 2 of this Circular, it shall follow the procedures below:

a) The director of training institution shall inspect and certify that all conditions for opening the course have been fulfilled on actual basis using form in Appendix II. The director of training institution shall be answerable to his/her certification of fulfillment of conditions;

b) Assess the training curriculum and fulfillment of conditions for training quality as prescribed in Article 5 of this Circular;

c) Send an application for offering the course as prescribed in Clause 2 of this Article to the competent authority as prescribed in Article 3 of this Circular.

2. The application for offering the course includes:

a) An application form for offering a course (summarizing the progress of drawing up the project for offering the course and undertaking the fulfillment of conditions for offering the course as prescribed;

b) A resolution on opening new course passed by the university council (in case of a branch or faculty affiliated to Vietnam National University or regional university), the school council (in case of public university), or the board of directors (in case of non-public university);

c) The project for offering the course shall be drawn up in accordance with Appendix III, at least containing:

- The necessity of course to be opened;

- Capacity of training institution (teaching staff, full-time scientific staff of the registered course; facilities, equipment, libraries, course books; research and international cooperation);

- Summary of training curriculum and training plan (including candidates and enrolment conditions; plan for enrolment in the first 3 years);

- A document recording the ratification of project for offering the course by scientific council of the training institution;

d) Science resume of full-time lecturers using the form in Appendix IV and a document self-assessing the fulfillment of conditions for offering the course of training institution using the form in Appendix V;

dd) Evidence for the society’s need for the course to be opened, including the survey of employment of university graduates in the same sector in administrative divisions; opinions of employers, manpower forecasts serving the socio-economic development.

e) Evidence for formulation and assessment of training curriculum, including: A decision on establishment of a group in charge of drawing up training curriculum; a decision on establishment of a council in charge of assessing training curriculum and fulfillment of conditions for training quality assurance (hereinafter referred to as assessment council); conclusion of assessing council; an explanation for modification to training curriculum and conditions for quality assurance as to the conclusion of assessment council (if any).

3. The application for offering the course must be made duplicate and sent to the competent authority as prescribed in Article 3 of this Circular (in person or by post) and the training institution must publish it on its website at least 20 days before the application is sent.

Article 5. Assessment of training curriculum and fulfillment of conditions for training quality assurance

1. After the fulfillment of conditions is certified, the training institution will establish an assessment council. The decision on establishment of assessment council must clarify position, level of education, course, workplace of each member of assessment council.

2. Apart from standards and composition of assessment council in accordance with regulations of law in force, the number of assessment council’s members must be odd; members must be invited from 2 different training institutions with experience in the course which is the same or closed to the registered course (in case of new course), at least 1 professor or associate professor (except for the member who represents graduates’ employers).

3. Pursuant to draft training curriculum and regulations of law in force, the assessment council shall assess and give a conclusion of training curriculum and certify if the training institution has fulfilled the quality assurance conditions as prescribed. In case of courses requiring laboratory and practical equipment prescribed in Clause 3 Article 2 of this Circular, the assessment council shall conduct a verification visit at the training institution before reaching a conclusion.

4. The assessment record must bear signatures and full names of the president and secretary and the seal of training institution.

Article 6. Consideration and issuance of decision on offering the course

1. Upon receipt of an application for offering the course, the competent authority prescribed in Article 3 of this Circular shall consider the application:

a) If the application is adequate and satisfactory as prescribed, the head of competent authority shall issue a decision on approval for offering the course;

b) If the application is inadequate and unsatisfactory as prescribed, the competent authority shall send the assessment results containing unqualified matters to the training institution.

2. The application shall be considered within 30 working days from the date on which the application is received.

Article 7. Suspension of enrolling candidates for course

1. The training institution is suspended from enrolling candidates for a course if:

a) one of the conditions prescribed in Article 2 of this Article has not been fulfilled;

b) it has carried out the enrolment and training outside the place permitted;

c) it has violated regulations and laws on education so serious that it is suspended from enrolment; or

d) it has failed to comply with Clause 1 Article 11 of this Circular;

dd) Other cases as per the law.

2. The Minister of Education and Training has the power to suspend the enrolment of training institutions violating any of regulations in Clause 1 of this Article. The time limit for enrolment suspension is from 12 months to 24 months.

The decision on suspension of enrolment must clarify reasons, time limit, and specific solutions to ensure the rights and interests of learners and lecturers.

3. When the time limit for enrolment suspension expires, if the aforesaid failure/violation has been eliminated and conditions prescribed in Article 2 of this Circular have been fulfilled, the Minister of Education and Training shall permit the training institution to resume the enrolment in writing.

Article 8. Revocation of decision on offering the course under bachelor’s degree program

1. A training institution shall have its decision on offering the course under bachelor’s degree program revoked by the Ministry of Education and Training in any of the following cases:

a) It has committed fraud acts for the purpose of offering the course bachelor’s degree program;

b) It has seriously violated regulations on enrolment and training management;

c) It has failed to eliminate the reasons for enrolment suspension upon expiry of time limit;

d) It has violated regulations and laws on education so serious that the decision on offering the course is revoked;

dd) Other cases as per the law.

2. The decision on revocation must clarify reasons for revocation, specific solutions to ensure the rights and interests of students and lecturers; and then publish it on the website of the Ministry of Education and Training.

Article 9. Responsibilities of training institution, assessment council and institutions of invited members

1. The head of the training institution must:

a) Ensure the truthfulness and accuracy of application for offering the course bachelor’s degree program;

b) Provide sufficient information, documents, and evidence upon requests of assessment council or competent authorities;

c) Take responsibility for fulfillment of quality assurance conditions at bachelor’s degree level of the training institution;

d) Establish an assessment council which assesses training curriculum and fulfillment of conditions for training quality as prescribed;

dd) Allocate funding and make payments as prescribed for inspection and certification of fulfillment of conditions on actual basis; assess the training curriculum and fulfillment of conditions for training quality;

e) Inspect and take actions against violations within internal scope as per the law and subject to inspection of the Ministry of Education and Training and competent authorities.

g) Heads of training institutions prescribed in Clause 2 and Clause 3, Article 3 of this Circular shall consider applications and fulfillment of conditions for offering courses at bachelor’s degree level, issue a decision on offering the course and send the decision enclosed with application as prescribed in Clause 2 Article 4 of this Circular to the Ministry of Education and Training.

2. President and members of assessment council shall be held accountable for the truthfulness and accuracy of the assessment results; subject to inspection of the Ministry of Education and Training and competent authorities.

3. The institution whose lecturers or scientific staff members are invited to participate in the assessment council must enable these members to complete the tasks.

Article 10. Responsibilities of units affiliated to the Ministry of Education and Training

1. Consider applications and fulfillment of conditions as prescribed.

2. Direct, instruct, and inspect the offering of a course under bachelor’s degree program in accordance with the laws and regulations in force and ensure training quality.

Article 11. Transitional regulations

1. In case of courses which have being offered, within 2 years from the effective date of this Circular, the training institution must review and fulfill all conditions for training quality assurance as prescribed in Article 2 of this Circular, and then send a report to the Ministry of Education and Training.

2. After 5 consecutive years without enrolling candidates for the permitted course, the training institution, if wishes, must register for resuming the course as prescribed in this Circular.

3. In case of new courses, after 2 completed courses, the training institution must evaluate the training curriculum, training quality and effectiveness, learners employment after training, opinions of employers about training curriculum and manpower in order to request the Ministry of Education and Training to keep training and add new course’s name to the Classification.

Article 12. Effect

1. This Circular takes effect on October 23, 2017;

2. This Circular supersedes regulations on offering courses under bachelor’s degree program in Circular No. 08/2011/TT-BGDDT dated February 17, 2011 of the Minister of Education and Training on conditions, applications, procedures for offering courses, enrolment suspension, and revocation of decisions on offering courses under bachelor’s degree or associate’s degree program, and repeal particular provisions relating to offering courses underbachelor’s degree program issued by the Ministry of Education and Training before the effective date of this Circular.

Article 13. Implementation organization

The Chief of the Ministry Office, Director of Department of Higher Education, heads of relevant units affiliated to the Ministry of Education and Training; heads of training institutions; and relevant entities shall implement this Circular.

For the Minister

The Deputy Minister

Bui Van Ga