Circular 58/2026/TT-BGDDT guiding organisation and operation regulations of higher education institutions

CIRCULAR

Guiding the organisation and operation regulations of higher education institutions

Pursuant to Education Law No. 43/2019/QH14, which is amended and supplemented under Law No. 123/2025/QH15;

Pursuant to Law No. 125/2025/QH15 on Higher Education;

Pursuant to the Government's Decree No. 37/2025/ND-CP of February 26, 2025, defining the functions, tasks, powers and organisational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. 91/2026/ND-CP of March 30, 2026, detailing and providing measures to organise and guide the implementation of a number of articles of the Law on Higher Education;

At the proposal of the Director-General of the Department of Organisation and Personnel;

The Minister of Education and Training promulgates the Circular guiding the organisation and operation regulations of higher education institutions.

Article 1. Scope of regulation and subjects of application

1. This Circular provides guidance on the principles, procedures for promulgation and contents of the organisation and operation regulations of higher education institutions.

2. This Circular applies to higher education institutions (except the cases specified in Clauses 3 and 4 of this Article).

3. The organisation and operation regulations of higher education institutions under the Ministry of Public Security and the Ministry of National Defence shall adhere to provisions applicable to the people's armed forces and ensure consistency with the structure and contents of such regulations specified in this Circular.

4. The organisation and operation regulations of higher education institutions established under treaties to which the Socialist Republic of Vietnam is a contracting party shall be implemented as agreed upon in such treaties; in case such treaties have no provisions thereon, Law No. 125/2025/QH15 on Higher Education, the Government's Decree No. 91/2026/ND-CP of March 30, 2026, detailing and providing measures to organise and guide the implementation of a number of articles of the Law on Higher Education, this Circular and other relevant laws shall apply.

Article 2. Principles and procedures for formulation and promulgation of the organisation and operation regulations of higher education institutions

1. The formulation, amendment, supplementation, replacement and promulgation of the organisation and operation regulations shall adhere to the following principles:

a/ To ensure publicity, transparency and democracy as prescribed by law;

b/ To ensure direct and comprehensive leading roles of organisations of the Communist Party of Vietnam within public higher education institutions;

c/ To broadly and publicly consult public employees, employees, and representatives of learners of higher education institutions while fully assimilating and clarifying contributed opinions.

2. The formulation, amendment, supplementation, replacement and promulgation of the organisation and operation regulation shall follow the procedures below:

a/ The organisation and operation regulation of a public higher education institution shall be promulgated after obtaining approval of the Party Committee of the organisation of the Communist Party of Vietnam within the public higher education institution;

b/ The organisation and operation regulation of a private higher education institution shall be promulgated after it is approved by investors and the university council. In case opinions remain divergent during the formulation of the organisation and operation regulation of the private higher education institution, the university council’s opinions shall apply to contents falling within its competence, responsibilities and powers while investors’ opinions shall apply to other contents and must ensure conformity with relevant laws;

c/ The organisation and operation regulation of a higher education institution shall be disclosed to all public employees, employees and learners and posted on its portal no later than 1 working day after it is promulgated. Within 5 working days after its organisation and operation regulation is promulgated, the higher education institution shall send its decision thereon to the Ministry of Education and Training, its managing agency and provincial-level People's Committees of the localities where its main campus, branch campuses or other training locations are located for monitoring and management.

Article 3. Contents of organisation and operation regulations of higher education institutions

The organisation and operation regulations of higher education institutions must ensure the compliance with Law No. 43/2019/QH14 on Education, which is amended and supplemented under Law No. 123/2025/QH15 on Education, Law No. 125/2025/QH15 on Higher Education and relevant laws, the higher education development strategy, practical situations, their missions and functions, and cover the following basic contents:

1. Regarding organisation and governance:

a/ Defining the internal organisational structure, legal status, establishment, functions, tasks and the number of subordinate and attached units of higher education institutions in conformity with current laws;

b/ Specifying the decentralisation and authorisation for performing part of governance and management functions of branch campuses, locations where higher education activities are organised and other training locations (if any);

c/ Responsibilities and powers of the heads and deputy heads, direction and management mechanisms, and internal and external working relationships of higher education institutions;

d/ Internal procedures for formulating and promulgating the regulations of higher education institutions and defining responsibilities of the heads, deputy heads and units in formulation and implementation thereof;

dd/ Specifying principles, competence, responsibilities, decentralisation of management of recruitment, employment and management of public employees and employees of higher education institutions. Specifying the appointment of and relief from duty for administrator position of higher education institutions and university lecturer positions and titles in conformity with current laws;

e/ Specifying principles and mechanisms for management, allocation and utilisation of financial resources of higher education institutions in accordance with law;

g/ Information and reporting regimes, exercise of grass-roots democracy, and inspection and examination activities.

2. Regarding operations of higher education institutions: clearly determining in-charge  units and coordinating units responsible for organising and implementing training activities, science, technology and innovation activities, cooperation and investment, quality assurance, learner support, communications and other activities of higher education institutions. Therein, defining objectives, specifying required outcomes for each activity, and references to corresponding specific regulations of higher education institutions.

3. Specifying working regimes, principles, competence, responsibilities, contents and evaluation procedures for units and individuals within higher education institutions. The management and utilisation of evaluation results to serve governance, staff development, allocation of resources, emulation and commendation and handling of responsibilities shall comply with law and internal regulations of higher education institutions.

4. The contents of organisation and operation regulations of member universities of national universities and regional universities must ensure consistency and conform with organisation and operation regulations of national universities and regional universities.

5. Other contents conformable with relevant regulations.

Article 4. Transitional provisions

1. Pursuant to the Government's regulations on functions, tasks and powers of national universities, directors of national universities shall promulgate organisation and operation regulations of national universities; rectors of member universities of national universities shall promulgate organisation and operation regulations of member universities of national universities in accordance with this Circular, to be completed before September 15, 2026. Organisation and operation regulations of national universities promulgated by their directors and those of member universities of national universities promulgated by their rectors shall take effect from the date the Prime Minister annuls the Prime Minister’s Decision No. 26/2014/QD-TTg of March 26, 2014, promulgating organisation and operation regulations of national universities and member higher education institutions.

2. Regional universities and member universities of regional universities shall continue their organisation and operations in accordance with the Minister of Education and Training’s Circular No. 10/2020/TT-BGDDT of May 14, 2020, promulgating organisation and operation regulations of regional universities and member higher education institutions (except the contents contrary to Law No. 125/2025/QH15 on Higher Education and other relevant legal documents). Directors of regional universities shall promulgate organisation and operation regulations of regional universities; rectors of member universities of regional universities shall promulgate organisation and operation regulations of member universities in accordance with this Circular which shall take effect from November 1, 2026.

3. Organisation and operation regulations of higher education institutions (except national universities, regional universities and member universities of national universities and regional universities) legally promulgated before the effective date of this Circular shall continue to apply (except the contents contrary to Law No. 125/2025/QH15 on Higher Education and other relevant legal documents) until heads of higher education institutions promulgate new replacing organisation and operation regulations, to be completed before December 31, 2026. Organisation and operation regulations of higher education institutions (except national universities, regional universities and member universities of national universities and regional universities) legally promulgated before the effective date of this Circular shall cease to be effective from December 31, 2026.

Article 5. Effect

1. This Circular takes effect on August 22, 2026.

2. The Minister of Education and Training’s Circular No. 10/2020/TT-BGDDT of May 14, 2020 promulgating organisation and operation regulations of regional universities and member higher education institutions ceases to be effective on November 1, 2026.

Article 6. Implementation responsibilities

The Chief of the Ministry’s Office, the Director-General of the Department of Organisation and Personnel, heads of related units under the Ministry of Education and Training; ministries, ministerial-level agencies; provincial-level People's Committees; higher education institutions; and related agencies, organisations, units and individuals shall, within the ambit of their functions, tasks and powers, implement this Circular.-

For the Minister of Education and Training

Deputy Minister

LE QUAN