Consolidated Text No. 42/VBHN-VPQH of the Office of The National Assembly on consolidating the Laws on Higher Education

LAW ON HIGHER EDUCATION^[1]

The National Assembly’s Law No. 08/2012/QH13 June 18, 2012 on Higher Education, which took effect on January 1, 2013, is amended and supplemented by:

1. The National Assembly’s Law No. 32/2013QH13 of June 19, 2013,  Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax, which took effect on January 1, 2014;

2. The National Assembly’s Law No. 74/2014/QH13 of November 27, 2014, on Vocational Education, which took effect on July 1, 2015;

3. The National Assembly Law No. 97/2015/QH13 of November 25, 2015, on Charges and Fees, which took effect on January 1, 2017;

4. The National Assembly’s Law No. 34/2018/QH14 of November 25, 2018, Amending and Supplementing a Number of Articles of the Law on Higher Education, which is set to take effect on July 1, 2019.

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Higher Education^[2].

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the organization, tasks and powers of higher education institutions, training operations, science and technology activities, international cooperation activities, assurance and accreditation of higher education quality, lecturers, learners, finances and assets of higher education institutions, and state management of higher education.

Article 2. Subjects of application^[3]

1. This Law applies to higher education institutions and organizations and persons engaged in higher education.

2. Academies and institutes which are established by the Prime Minister in accordance with the Law on Science and Technology and licensed to provide doctoral training shall carry out enrolment and training operations in accordance with this Law.

Article 3. Application of the Law on Higher Education

The organization and operation of higher education institutions and management of higher education must comply with this Law, the Education Law and other relevant laws.

Article 4. Interpretation of terms^[4]

In this Law, the terms below are construed as follows:

1. Higher education institution means an education institution within the national education system which performs the functions of providing training at different higher education levels and carrying out science and technology activities serving the community.

2. University, academy (below referred collectively to as university) means a higher education institution which carries out multidisciplinary training and research activities and is organized in accordance with this Law.     

3. General university means a higher education institution which carries out training and research activities in multiple fields and is organized in accordance with this Law; constituent units of a general university jointly perform their common objectives, missions and tasks in a unified manner.  

4. Member unit means a university or research institute with the legal person status which is established by the Prime Minister or under the permission of the Prime Minister in accordance with law; and enjoys autonomy in its organization and operation in accordance with law and the organization and operation regulation of the general university of which it is a member.

5. Attached unit means a unit with the legal person status of a higher education institution which is established under a decision of the council of the university or general university; and is organized and operates in accordance with law and the organization and operation regulation of the higher education institution.

6. Dependent unit means a unit without the legal person status of a higher education institution which is established under decision of the council of the university or general university and is organized and operates in accordance with the organization and operation regulation of the higher education institution and in compliance with law.

7. School means a training unit of a higher education institution which is established under decision of the council of the university or general university according to the Government’s regulations and is organized and operates in accordance with the organization and operation regulation of the higher education institution.    

8. Discipline means a combination of professional knowledge and skills within the scope of vocational or science and technology activities; disciplines shall be listed and categorized by the Ministry of Education and Training.

9. Specialization means an independent part of specialized professional knowledge and skills of a discipline; specializations shall be decided by higher education institutions.

10. Field means a combination of groups of disciplines which share common contents in professional knowledge and skills within the scope of vocational or science and technology activities; fields shall be listed and categorized by the Prime Minister.

11. Autonomy means a higher education institution’s right to determine their objectives and select methods of achieving these objectives; to decide on and take accountability for its professional and academic activities, organization and personnel work, finances, assets, and other activities in accordance with law and on the basis of its capabilities.

12. Accountability means a higher education institution’s responsibility to report and transparentize information to learners, the society, competent management agencies, its owners and stakeholders about its observance of law and compliance with internal regulations and commitments.

Article 5. Objectives of higher education

1. Goals:

a/ To train human resources, raise people’s intellectual level, and foster talents; to carry out scientific and technological research in order to develop new knowledge and products for socio-economic development, defense and security assurance and international integration;

b/ To train learners with political and moral qualities; professional knowledge and practicing skills, and scientific and technological research and application development capacity commensurate with their training levels, who have good health; creative ability, a sense of professional responsibility and ability to adapt to the working environment; and a sense of serving the people.

2. Objectives of^[5] bachelor, master and doctoral training

a/^[6] (annulled)

b/ Bachelor training aims to provide students with comprehensive professional knowledge, mastery of natural and social principles and rules, basic practice skills, and the ability to work independently and creatively and solve problems in the disciplines in which they are trained;

c/ Master training aims to provide students with fundamental scientific knowledge and specialist skills for effectively carrying out research into a certain field of science or performing professional activities, and the ability to work independently and creatively and identify and solve problems in the specializations in which they are trained;

d/ Doctoral training aims to provide postgraduates with an advanced level of theory and application, and the ability to study independently and creatively, develop new knowledge, discover natural and social principles and rules, solve new scientific and technological problems and instruct scientific research and professional activities.

Article 6. Training levels and forms of higher education^[7]

1. Training levels of higher education include bachelor’s level, master’s level and doctor’s level.

2. Forms of training for grant of diplomas of different levels of higher education include formal training, in-service training and distance training. The shift among forms of training must comply with the principle of transferability. 

3. Higher education institutions may provide continuing education and short-term training and re-training with grant of certificates relevant to their training disciplines and fields in accordance with law in order to meet learners’ lifetime learning needs.

4. The Government shall prescribe training levels for a number of particular specialized training disciplines.

Article 7. Higher education institutions^[8]

1. Higher education institutions have the legal person status, including general universities, universities, and higher education institutions bearing other names in compliance with law.

National universities and regional universities are general universities which perform national strategic tasks and regional development tasks.

2. Types of higher education institution include:

a/ Public higher education institution, in which the State invests funds, ensures operation conditions and acts as the owner’s representative;

b/ Private higher education institution, in which a domestic or foreign investor(s) invest(s) funds and ensure(s) operation conditions.

A not-for-profit private higher education institution is the one whose investor(s) has/have pledged that it will operate for not-for-profit purposes and such pledge is stated in the decision permitting the establishment of the institution or the decision on transformation of the institution; the investor(s) operate(s) for not-for-profit purposes and neither withdraw(s) funds nor receive(s) dividends; annually accumulated earnings will belong to indivisible common ownership by integration and be used for further investment in the development of the institution.

Only private higher education institutions may be transformed into not-for-profit private higher education institutions.

3. Higher education institutions of all types are equal before law.

4. Based on their capabilities and socio-economic development requirements, higher education institutions shall determine their development objectives and operation orientations as follows:

a/ Research-oriented higher education institutions;

b/ Application-oriented higher education institutions.

5. The Government shall specify the recognition of research-oriented higher education institutions on the basis of their training and research outcomes; transformation of universities into general universities; association of universities to form a general university; transformation of private higher education institutions into not-for-profit ones; principles of naming and renaming higher education institutions; and organization and operation of higher education institutions established under agreements between the Government of the Socialist Republic of Vietnam and foreign signatories.

Article 8. National universities

1. A national university is a high-quality multidisciplinary training and scientific and technological research center which is prioritized by the State for development investment.

2. A national university enjoys autonomy^[9] in training, scientific research, financial and foreign relation activities and in organizing its apparatus. A national university shall submit to the state management by the Ministry of Education and Training, other ministries and sectors and the People’s Committees of different levels of the locality in which it is based within their functions stipulated by the Government and in accordance with law.

A national university may work directly with ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to settle its related matters. When necessary, the director of a national university may report to the Prime Minister on matters related to its operation and development.

3. The chairperson of the council and the director and deputy directors of a national university shall be appointed and relieved from duty by the Prime Minister.

4. The Government shall specify the functions, tasks and powers of national universities.

Article 9. Ranking of higher education institutions^[10]

1. The ranking of higher education institutions aims to assess their prestige, quality and performance effectiveness according to certain criteria to meet information demands of related individuals and organizations.

2. Higher education institutions may proactively select and participate in prestigious domestic and international rankings.

3. Vietnamese non-commercial legal persons may perform the ranking of high education institutions, and shall ensure honesty, objectivity and transparency and publicize and explain their ranking methods, criteria and results.

Article 10. Language used in higher education institutions

Vietnamese is the official language used in higher education institutions.

Pursuant to the Prime Minister’s regulations, higher education institutions may decide on teaching and learning in foreign languages in their institutions.

Article 11. Master plan on the higher education institution network^[11]

1. The formulation of the master plan on the higher education institution network must ensure effective use of resources; build harmony between the systems of public and private higher education; develop not-for-profit private higher education institutions; and create mechanisms for formation of large general universities and university centers of the country to meet the people’s learning needs, accomplish sustainable development objectives, and serve the cause of national industrialization and modernization and international integration.

2. The master plan on the higher education institution network must comply with the Planning Law and have the following contents:

a/ Identifying development objectives and orientations of the higher education system;

b/ Promulgating standards on higher education institutions serving the implementation of the master plan;

c/ Arranging space and allocating resources for developing the higher education institution network and improving training quality in conformity with the objectives of training high-quality human resources and developing key economic regions and regions with extremely difficult socio-economic conditions.

3. The formulation, appraisal, approval, promulgation, adjustment and implementation of the master plan on the higher education institution network must comply with the law on planning and other relevant laws.

Article 12. State policies on higher education development^[12]

1. To develop higher education development in order to train high-qualification human resources, thus meeting requirements for socio-economic development and national defense and security assurance.

2. To allocate budget funds and resources for higher education on the principles of competitiveness, fairness and effectiveness through spending on investment and research and development activities, placing orders for research and training, granting scholarships and student credits, and in other forms.

To introduce land, tax and credit priorities and incentives and other policies for higher education development.

3. To prioritize investment capital to develop a number of higher education institutions and training disciplines up to regional and international levels and high-quality teacher training institutions; to develop a number of particular disciplines and higher education institutions capable of performing national strategic tasks and regional development tasks.

To encourage the restructuring and merger of universities to form large general universities; and application of technologies in higher education.

4. To socialize higher education, encourage the development of private higher education institutions, giving priority to not-for-profit ones; to adopt incentive policies toward organizations, enterprises and individuals that invest in education and training and science and technology activities in higher education institutions; to adopt tax exemption and reduction policies for assets donated or supported to higher education, grant of scholarships and participation in student credit programs.

5. To adopt synchronous policies to ensure that higher education institutions’ autonomy is combined with their accountability.

6. To link training with labor demands in the market and science and technology research and application; to boost cooperation between higher education institutions and enterprises and science and technology organizations; to adopt tax incentive policies for science and technology products of higher education institutions; to encourage agencies, organizations and enterprises to receive and create conditions for learners and lecturers to practice, work as probationers and conduct scientific research and technology transfer, thus contributing to raising training quality.

7. To attract, employ and offer satisfactory treatment so as to improve the quality of lecturers; to attach importance to developing the contingent of doctor’s degree holders and leading professors working at higher education institutions.

8. To prioritize social policy beneficiaries, ethnic minority people, inhabitants in areas with extremely difficult socio-economic conditions, and learners of particular disciplines in order to meet human resource demands for socio-economic development; to practice gender equality in higher education.

9. To encourage and boost international cooperation and integration in order to develop Vietnam’s higher education up to regional and world levels.

Article 13. Organizations of the Communist Party of Vietnam, mass organizations and social organizations in higher education institutions

1. Organizations of the Communist Party of Vietnam in higher education institutions shall be established and operate in accordance with the Statutes of the Communist Party of Vietnam and the Constitution and law.

2. Mass organizations and social organizations in higher education institutions shall be established and operate in accordance with the Constitution, law and their charters.

3. Higher education institutions shall create conditions for the establishment and operation of Party organizations, mass organizations and social organizations in accordance with Clauses 1 and 2 of this Article.

Chapter II

ORGANIZATION OF HIGHER EDUCATION INSTITUTIONS

Section 1

ORGANIZATIONAL STRUCTURE OF HIGHER EDUCATION INSTITUTIONS

Article 14. Organizational structure of universities^[13]

1. The organizational structure of a university comprises:

a/ The council of the university or council of the academy (below referred collectively to as council of the university);

b/ The rector of the university or director of the academy (below referred collectively to as rector of the university); vice rectors of the university or deputy directors of the academy (below referred collectively to as vice rectors of the university);

c/ The science and training board; other board(s) (if any);

d/ Faculties, functional divisions, library, science and technology organization, and other organizations serving training operations;

dd/ Schools, branches, research institutes, service establishments, enterprises, business establishments and other units (if any) according to requirements for development of the university.

2. The organizational structure of a specific university, the relations and degree of autonomy of its dependent units and attached units shall be prescribed in the organization and operation regulation of such university.

Article 15. Organizational structure of general universities^[14]

1. The organizational structure of a general university comprises:

a/ The council of the general university;

b/ Director, deputy directors of the general university;

c/ The science and training board; other boards (if any);

d/ Member universities, research institutes (if any); schools, functional departments, science and technology organizations, libraries and other organizations serving training operations;

dd/ Faculties, branches, research institutes, centers, service establishments, enterprises, business establishments and other units (if any) according to requirements for development of the general university.

2. The organizational structure of a specific general university, the relations and degree of autonomy of its member units, dependent units and attached units shall be prescribed in the organization and operation regulation of such general university.

Article 16. Councils of public universities^[15]

1. The council of a public university is an administration organization exercising the right to represent the owner and parties with related interests.

2. The council of a public university has the following tasks and powers:

a/ To decide on development strategies and plans and annual plans of the university; the policy on development of the university into a general university or merger with another university;

b/ To issue the university’s organization and operation regulation, financial regulation and grassroots democracy regulation in compliance with this Law and other relevant laws;

c/ To decide on orientations for enrolment, discipline opening, training and joint training, science and technology activities, and international cooperation; policies on higher education quality assurance and cooperation between the university and enterprises and employers;

d/ To decide on the organizational structures, staff structures, establishment, merger, division, splitting and dissolution of units of the university; to issue the list of working positions and criteria on and working conditions of each position; to prescribe the recruitment, employment and management of cadres, lecturers, civil servants and employees in compliance with law;

dd/ To decide and propose competent management agencies to issue decisions on recognition, relief from duty and removal from office of the rector of the university; to appoint, relieve from duty and remove from office deputy rectors of the university at the proposal of the rector; to decide on other managerial titles prescribed in the university’s organization and operation regulation; to organize the assessment of annual performance effectiveness of the chairperson of the council and the rector of the university; to organize mid-term or unscheduled votes of confidence on the chairperson of the council and the rector of the university according to the organization and operation regulation of the university;

e/ To decide on policies to attract capital sources for investment in the development of the university; and policies on tuition fees and supports for learners; to ratify financial plans; to approve annual financial statements and account finalization reports for lawful revenue sources of the university;

g/ To decide on policies on investment in and use of assets of great value which fall under the competence of the university as prescribed in the university’s organization and operation regulation; to decide on policies on wages, bonuses and other performance result-and-effectiveness-based benefits for leaders and managers and on other matters according to the university’s organization and operation regulation;

h/ To oversee the implementation of its decisions, observance of law and implementation of the democracy regulation in activities of the university and the discharge of accountability by the rector of the university; to oversee the management and use of finances and assets of the university; to annually report before the general meeting of the university on its oversight and operation results;

i/ To comply with law; to be held responsible before law, competent management agencies and related stakeholders for its decisions; to publicize and transparentize information and comply with reporting regulations; to be subject to inspection and examination of competent agencies; to discharge accountability within the scope of its responsibilities and powers; to be subject to supervision by the society and individuals and organizations in the university;

k/ To discharge other responsibilities and exercise other powers prescribed in the organization and operation regulation of the university.

3. The number of members and composition of the council of a public university and responsibilities of council members are prescribed as follows:   

a/ The number of council members must be an odd number, at least 15, including internal members and external members;

b/ Internal members include ex officio members and members elected by the general meeting or representative meeting of the university.

Ex officio members include the Party Committee secretary, rector and trade union chairperson of the university and a representative of the Committee of the Ho Chi Minh Communist Youth Union who is a learner at the university.

Elected members include representatives of lecturers, who must account for at least 25% of the total number of council members; and representatives of civil servants and employees;

c/ External members must account for at least 30% of the total number of council members, including representatives of competent management agencies; representatives of communities elected by the general meeting or representative meeting of the university, who are leaders, managers, educators, cultural activists, scientists, entrepreneurs, ex-students, and representatives of employers;

d/ Council members shall perform and be held responsible for tasks of the council which are assigned to them by the council chairperson and other tasks in accordance with law and the university’s organization and operation regulation; to attend all meetings of the council and be held responsible for performance of their tasks and exercise of their powers.

4. Criteria and election, responsibilities and powers of the chairperson of the council of a public university are prescribed as follows:

a/ The chairperson of the council of a public university must possess political and moral qualities; be prestigious, have experiences in higher education administration, and be physically fit for performing his/her tasks; the eligible age for holding the title of chairperson of the council of a public university must comply with law;

b/ The chairperson of the council of a public university shall be elected by the council among its members by majority vote through secret ballots and recognized by a decision of a competent management agency; in case an external member is elected as council chairperson, he/she must become a permanent official of the university; the council chairperson must not concurrently hold any managerial post in the university;

c/ The chairperson of the council of a public university has the responsibilities and powers to direct and organize the performance of tasks and exercise of powers by the council; to direct the formulation of annual operation programs and plans; to direct the organization of, and preside over meetings of the council; to sign documents issued by the council; to use the organizational apparatus and seal of the university to operate within the scope of the council’s functions and tasks; to perform tasks of a council member and other tasks and exercise other powers in accordance with law and the university’s organization and operation regulation;

d/ To be held responsible for the performance of his/her tasks and exercise of his/her powers. 

5. The list of members, term of office and working principles of the council of a public university are prescribed as follows:

a/ The list of council members, including the chairperson and other members, shall be posted on the website of the university after being recognized by a competent management agency;

b/ The term of office of the council of a public university is 5 years. The council shall hold regular meetings at least once every 3 months and irregular meetings at the request of the council chairperson or the rector of the university or at least one-third of the council members. A meeting shall be considered valid if it is attended by more than 50% of the council members, of whom some are external members;

c/ The council of a public university shall work on the collegial principle and make decision by majority, except cases in which the university’s organization and operation regulation provides a higher percentage of votes; decisions of the council shall be displayed in the form of resolution.

6. The council of a public university shall be prescribed in the organization and operation regulation of the university with at least the following details:

a/ Criteria, number of terms of office of, and authorization by the council chairperson;

b/ Criteria, tasks, powers, and procedures for election and relief from duty of deputy chairpersons (if any) and secretary of the council;

c/ The number of members and composition of the council; addition and replacement of members; forms of the council’s decision on each type of operation;

d/ The procedures for the council to decide on the person to be appointed as the rector of the university, the making of decision on other managerial titles of the university; grounds and procedures for proposing the removal from office or relief from duty of the rector of the university; the number of deputy rectors; the maximum time period during which a person may hold the post of rector, deputy rector and other managerial titles in the university;

dd/ Operating funds, standing body, control body and assisting apparatus of the council; procedures and composition of the general meeting or representative meeting of the university;

e/ Identification of responsibilities and powers between the council and rector of the university;

g/ Other contents according to requirements for organization and operation of the council.

7. The council of a public university being member of a general university must comply with this Article and the organization and operation regulation of the general university.

8. The Government shall prescribe in detail the order and procedures for establishment and recognition of councils of public universities; the recognition, removal from office, and relief from duty of council chairpersons and removal from office and relief from duty of other council members; and organization of councils of higher education institutions under the Ministry of Public Security and the Ministry of National Defense.

Article 16a. Investors^[16]

1. Investors are domestic or foreign organizations or individuals that make investment to establish private higher education institutions or not-for-profit private higher education institutions, using non-state budget funds.

2. Investors of a higher education institution have the following responsibilities and powers:

a/ To approve strategies and plans on development of the higher education institution, plans on development of the university into a general university or merger of the university with others at the proposal of the council of the higher education institution;

b/ To decide on the total capital contributions of investors, investment projects on development of the higher education institution, mobilization of investment capital (if any); plans on use of differences between annual revenues and expenditures or plans on handling of losses of the higher education institution; to approve annual financial statements of the higher education institution;

c/ To elect or appoint, remove from office, and relieve from duty elected members of the council of the higher education institution; to approve criteria on, and person to be elected to the post of rector of the university or director of the general university at the proposal of the council of the higher education institution;

d/ To organize supervision and assessment of operation of the council of the higher education institution;

dd/ To issue, amend and supplement the financial regulation of the higher education institution; to approve contents concerning finances and assets in the organization and operation regulation of the higher education institution and policies on wages, bonuses and other benefits of managers in the higher education institution;

e/ To contribute funds fully and timely and supervise the contribution of funds to the higher education institution strictly according to the scheme on establishment of the higher education institution;

g/ To form a control board to examine and supervise management and administration activities of the council, rector and deputy rectors of the university or the council, director and deputy directors of the general university, and units of the higher education institution; the procedures for establishment and composition, tasks, and powers of control boards must comply with the Law on Enterprises and other relevant laws;

h/ To consider and handle violations of the council of the higher education institution which cause damage to the institution in accordance with law and the organization and operation regulation of the higher education institution;

i/ To decide on the reorganization and dissolution of the higher education institution in accordance with law;

k/ To publicize the list of organizations and individuals contributing investment capital to the higher education institution on the website of the institution;

l/ Other responsibilities and powers in accordance with the Law on Investment and other relevant laws;

m/ Investors establishing not-for-profit higher education institutions shall be rewarded for contribution of investment capital to establish, build and develop higher education institutions.

3. Investors establishing a higher education institution may opt for one of the following methods:

a/ Making investment to establish an economic institution in accordance with the Law on Investment and the Law on Enterprises for such economic institution to establish a private higher education institution in accordance with this Law;

b/ Making direct investment to establish a private higher education institution in accordance with this Law. In this case, the organization and operation regulation of the higher education institution must specify investors’ conferences and methods of operation of investors; the selection of the law applicable to limited liability companies or the law applicable to social funds to deal with the higher education institution’s matters not yet specified in this Law; responsibilities and powers of investors and the control board in compliance with regulations applicable to limited liability companies or social funds as selected.

Article 17. Councils of private universities and not-for-profit private universities^[17]

1. The council of a private university or not-for-profit private university is an administration organization representing the investor(s) and parties with related interests.

2. The council of a private university or not-for-profit private university shall discharge the responsibilities and exercise the powers prescribed in Clause 2, Article 16 of this Law, except for the responsibilities and powers of investors prescribed in Clause 2, Article 16a of this Law; and may directly appoint, remove from office or relieve from duty the rector of the university according to the organization and operation regulation of the higher education institution.

3. The council of a private university or not-for-profit private university must have an odd number of members and be structured as follows:

a/ The council of a private university shall be composed of representatives of investors and internal and external members who are elected or decided by investors according to their capital contribution proportions;

b/ The council of a not-for-profit private university must consist of representatives of investors who are elected or decided by investors according to their capital contribution proportions and internal and external members of the university.

Internal members of the university include ex officio members and members elected by the general meeting or representative meeting of the university. Ex officio members include the Party Committee secretary, rector and trade union chairperson of the university, and a representative of the Committee of the Ho Chi Minh Communist Youth Union who is a learner at the university. Elected members include representatives of lecturers and laborers of the university.

External members shall be elected by the university’s general meeting or representative meeting, including leaders, managers, educators, cultural activists, scientists, entrepreneurs, ex-students, and representatives of employers.

4. Criteria, and election and responsibilities of the chairperson of the university council; the list of members, term of office and working principles of the council of a private university or not-for-profit private university are prescribed as follows:

a/ The chairperson of the council must be a permanent or part-time official of the university as prescribed in the organization and operation regulation of the university, elected by the council and recognized by the investors’ conference or the owner of the university;

b/ The rector of the university may attend and give opinions at meetings of the council of the university and vote only if he/she is a member of the council;

c/ In case the council chairperson is the at-law representative of the university or performs the tasks and exercises the powers prescribed at Point b, Clause 3, Article 20 of this Law, he/she must meet the criteria applicable to rectors of universities; and shall bear responsibility for the performance of his/her tasks and exercise of his/her powers;

d/ Other regulations prescribed in Clauses 4 and 5, Article 16 of this Law.

5. The organization and operation regulation of a private university or not-for-profit private university must cover the contents prescribed in Clause 6, Article 16 of this Law and prescribe the rate of representatives of investors to the total number of members of the university council.

6. The Government shall specify procedures for establishment and recognition of councils of private and not-for-profit private universities and recognition, removal from office or relief from duty of council chairpersons.

Article 18. Councils of general universities^[18]

1. The council of a public general university has the following tasks and powers:

a/ To decide on development strategies and plans and annual plans of the general university, admission of new members, and reorganization of the general university in accordance with law;

b/ To issue the general university’s organization and operation regulation, financial regulation and grassroots democracy regulation, except the cases prescribed in Clause 2, Article 29 of this Law, in compliance with this Law and other relevant laws;

c/ To decide on orientations for training, science and technology activities, international cooperation, and education quality assurance;

d/ To decide on the organizational structure and member units of the  general university; and criteria on chairperson, deputy chairperson (if any) and members of the council and director and deputy director of the general university; to decide and propose competent management agencies to issue decisions on recognition, removal from office and relief from duty of the director of the general university; appoint, remove from office and relieve from duty of deputy directors of the general university at the proposal of the director, except the case prescribed in Clause 3, Article 8 of this Law; decide on managerial titles of dependent units and attached units of the general university prescribed in its organization and operation regulation; organize assessment of annual performance effectiveness of the chairperson of the council and the director of the general university; hold mid-term or unscheduled votes of confidence on the chairperson of the council and the director of the general university;  

dd/ To decide on policies on investment in and construction of physical foundations and common-use resources of the general university and policies on mobilization of investment resources for development of the general university; to decide on policies on investment in and use of high-value assets falling under the competence of the general university according to its organization and operation regulation; to prescribe policies on wages, bonuses and other performance result-and-effectiveness-based benefits for managers of dependent units and attached units of the general university; to adopt policies on tuition fees and supports for learners; to endorse financial plans and approve annual financial statements and account finalization reports of lawful revenue sources of the general university;

e/ To oversee the implementation of decisions of the council of the general university on implementation of the democracy regulation in operation of the general university and the discharge of accountability of the director of the general university; to oversee the management and use of finances and assets of the general university; to annually report before the general university’s general meeting on its oversight and operation results;

g/ To comply with law; to be held responsible before law and competent management agencies and related parties about its decisions; to publicize and transparentize information, comply with reporting regulations, be subject to inspection and examination of competent agencies, and discharge accountability within the scope of its responsibilities and powers; to be subject to supervision by the society, individuals and organizations within the general university;

h/ To discharge other responsibilities and exercise other powers prescribed in the general university’s organization and operation regulation; and other tasks and powers toward dependent units and attached units prescribed in Clause 2, Article 16 of this Law.

2. The council of a private general university shall discharge the responsibilities and exercise the powers prescribed in Clause 1 of this Article, except the responsibilities and powers of investors prescribed in Clause 2, Article 16a of this Law; and may directly appoint, remove from office and relieve from duty the director of the general university according to the general university’s organization and operation regulation.

3. The number of members of the council of a general university must be an odd number; the composition and responsibilities of the council are prescribed as follows:

a/ The council of a public general university shall be composed of internal and external members.

Internal members include the Party Committee secretary and director of the general university, trade union chairperson, and a representative of the Committee of the Ho Chi Minh Communist Youth Union who is a learner at the general university; chairpersons of councils of member units (if any) or heads of member units in cases member units do not have university councils; representatives of lecturers, public employees and laborers of the general university who are elected by the general university’s representative meeting.

External members must account for at least 30% of the total number of members of the council of the general university, including representatives of competent management agencies; representatives of external members elected by the general university’s representative meeting who are leaders, managers, educators, cultural activists, scientists, entrepreneurs, ex-students, and representatives of employers;

b/ Members of the council of a private general university include representatives of investors and internal and external members who are elected or decided by the investors’ conference according to their capital contribution proportions;

c/ Members of the council of a not-for-profit general university include representatives of investors who are elected or decided by the investors according to their capital contribution proportions.

Internal members of a general university include ex officio members, including the Party Committee secretary, director and trade union chairperson of the university and a representative of the Committee of the Ho Chi Minh Communist Youth Union who is a learner at the general university, and other members elected by the general university’s representative meeting who are representatives of lecturers and laborers of the general university.

External members of a general university shall be elected by the general university’s representative meeting, including leaders, managers, educators, cultural activists, scientists, entrepreneurs, ex-students, and representatives of employers;

d/ Members of the council of a general university shall perform tasks of the council, tasks assigned by the council chairperson and other tasks in accordance with law and the general university’s organization and operation regulation; attend all meetings of the council and be held responsible before law for the performance of their tasks and exercise of their powers.

4. Criteria and election of the chairperson of the council of a public general university; list of members of the council of a public general university, term of office and working principles of the council of a public general university must comply with Clauses 4 and 5, Article 16 of this Law. Responsibilities of the chairperson of the council of a private general university, list of members of the council of a private general university, and term of office and working principles of the council of a private general university must comply with Clause 4, Article 17 of this Law.

5. The council of a general university shall be prescribed in the organization and operation regulation of the general university with at least the following details:

a/ Criteria on, number of terms of offices of and authorization by the chairperson of the council;

b/ Criteria on, tasks and powers of, and procedures for election and relief from duty of, deputy chairperson (if any) and secretary of the council;

c/ The number of members and composition of the council; addition and replacement of members; forms of the council’s decision on each type of operation;

d/ Procedures for the council to decide on the person to be elected to the post of director of the general university, the making of decisions on other managerial titles falling under the competence of the general university in the personnel appointment process; grounds and procedures for proposing the removal from office or relief from duty of the director of the general university; the number of persons holding the title of deputy head under the management of the general university; the maximum term of holding the posts of director and deputy director of the general university and other managerial titles in dependent units of the general university;

dd/ Operating funds, standing body, control body and assisting apparatus of the council, procedures and composition of the representative meeting of the general university and other provisions according to requirements for organization and operation of the council;

e/ Identification of other responsibilities and powers between the council and director of the general university; relations between the council of the general university and councils of member units, dependent units and autonomous attached units (if any) of the general university;

g/ Other contents according to requirements for organization and operation of the council.

6. The Government shall specify procedures for establishment and recognition of councils of general universities; recognition, removal from office and relief from duty of chairpersons and members of councils of general universities.

Article 19. Science and training board

1. A science and training board^[19] is tasked to give advises^[20] on elaboration of:

a/ Regulations and rules on training, science and technology activities, and criteria on recruitment of lecturers, researchers, librarians and laboratorians;

b/ Plans to develop the lecturing and researching staff;

c/ Plans to open training disciplines and specializations, plans to implement or cancel training programs; orientations for science and technology development, plans on science and technology activities and assignment of training and science and technology tasks.

2. A science and training board is composed of the rector, vice rectors in charge of training and scientific research; heads of training and scientific research units; and prestigious scientists in specialized fields and disciplines.

Article 20. Rectors of higher education institutions^[21]

1. The rector of a university or the director of a general university (below referred to as rector of higher education institution) is the person in charge of managing and administering the operation of the higher education institution in accordance with law and the organization and operation regulation of the higher education institution.

The rector of a public higher education institution shall be decided by the council of the higher education institution and recognized by competent management agencies; the rector of a private higher education institution or not-for profit private one shall be appointed under decision of the council of the higher education institution.

The term of office or appointment period of the rector of a higher education institution shall be decided by the council of the higher education institution corresponding to the term of office of the council.

2. Criteria of the rector of a higher education institution are prescribed as follows:

a/ Possessing good political and moral qualities; holding a doctor’s degree, being physically fit for performing his/her tasks, being scientifically prestigious and having experiences in higher education administration; the eligible age for holding the post of rector of public higher education institution must comply with law;

b/ Meeting specific criteria on rector of the higher education institution prescribed in its organization and operation regulation.

3. Tasks and powers of the rector of a higher education institution are prescribed as follows:

a/ To act as the at-law representative and account owner of the higher education institution, unless the higher education institution is private or not-for-profit private and its organization and operation regulation otherwise provides for;

b/ To organize professional and academic activities, organization and personnel work, finances- and asset-related activities, domestic and international cooperation and other activities in accordance with law, the organization and operation regulation of the higher education institution and decisions of its council;

c/ To submit documents to be issued by the council of the higher education institution after consulting related organizations, units and individuals within the higher education institution; to issue other regulations of the higher education institution according to its organization and operation regulation;

d/ To propose the council of the higher education institution to consider the appointment, removal from office or relief from duty of holders of managerial titles under its management; to appoint, remove from office and relieve from duty other managers in the higher education institution, to decide on investment projects according to the organization and operation regulation of the higher education institution;

dd/ Annually, to report before the council of the higher education institution on the results of task performance by the rector and management board of the institution and on its finances and assets; to publicize and transparentize information; to comply with reporting regulations and summit to the inspection and examination by competent agencies; to assume accountability within the scope of his/her tasks and powers;

e/ To perform other tasks and exercise other powers in accordance with law; to be held responsible before law, the council of the higher education institution and other stakeholders; to be subject to supervision by related individuals and organizations in the performance of tasks and exercise of powers as assigned.

Article 21. Branches of higher education institutions^[22]

1. Vietnam-based branches of Vietnamese higher education institutions are prescribed as follows:

a/ Vietnam-based branches of a Vietnamese higher education institution belong to the organizational structure of the institution, have no legal person status, and are established in provinces or centrally run cities other than the locality where the institution is headquartered in compliance with the master plan on the higher education institution network;

b/ Vietnam-based branches of a Vietnamese higher education institution shall perform part of the functions, tasks and powers of the higher education institution under the direction and administration of its rector; and report to provincial-level People’s Committees of the localities where they are based on activities subject to local management;

c/ Organizational structures and operation of Vietnam-based branches of a Vietnamese higher education institution must comply with the organization and operation regulation of the institution.

2. Vietnam-based branches of foreign higher education institutions are prescribed as follows:

a/ Vietnam-based branches of foreign higher education institutions are established and have operation conditions ensured by foreign higher education institutions;

b/ Vietnam-based branches of foreign higher education institutions shall operate under regulations applicable to private higher education institutions established in Vietnam by foreign investors.

3. Overseas branches of Vietnamese higher education institutions are prescribed as follows:

a/ Overseas branches of a Vietnamese higher education institution are established and have their operation conditions ensured by the Vietnamese higher education institution; the Vietnamese higher education institution shall report the establishment of overseas branches to the Ministry of Education and Training;

b/ Overseas branches of a Vietnamese higher education institution shall observe the host countries’ regulations on establishment and operation of branches of higher education institutions.

4. The Government shall specify the establishment and operation of Vietnam-based branches of higher education institutions.

Section 2

ESTABLISHMENT, MERGER, DIVISION, SPLIT-UP AND DISSOLUTION OF HIGHER EDUCATION INSTITUTIONS; PERMISSION FOR AND SUSPENSION FROM TRAINING OPERATIONS

Article 22. Conditions for establishing or obtaining permission for establishment of higher education institutions

1. A higher education institution may be established or permitted for establishment when:

a/ It has an establishment project conformable with^[23] the approved master plan on the higher education institution network;

b/ It has obtained written approval of the provincial-level People’s Committee of the locality in which it will be headquartered for its establishment and certification of its land use rights;

c/ It has obtained a competent agency’s certification of its financial ability to build its facilities; and

d/^[24] It meets other conditions in accordance with the Investment Law, for a foreign-invested higher education institution.

2. If a higher education institution fails to be licensed for obtain a license for training operations within 4 years after the effective date of the decision to establish or permit the establishment of the higher education institution, such decision will cease its effect.

Article 23. Conditions for being licensed for training operations

1. A higher education institution may be licensed for training operations when fully meeting the following conditions:

a/ It has a decision on its establishment or permitting its establishment;

b/ It has land, physical foundations, equipment, dormitory and physical training facilities meeting training requirements; its site ensures a pedagogic environment and safety for its learners, lecturers and employees as committed in its establishment project;

c/ It has training programs, course books and teaching and learning materials under regulations;

d/ Its permanent lecturers and administrators have standard professional qualifications and skills and are sufficient in number and structure;

dd/ It has sufficient funding sources as required in order to maintain and develop its operations; and

e/ It has an organization and operation regulation.

2. If a higher education institution fails to commence training operations within 3 years after the effective date of the decision to license training operations of the higher education institution, such decision will cease its effect.

Article 24. Merger, division and split-up of higher education institutions

The merger, division or split-up of a higher education institution must ensure:

1. Conformity with the master plan on the higher education institution network;

2. Satisfaction of socio-economic development requirements;

3. Benefits of its lecturers, employees and learners;

4. Contribution to improving the quality and effectiveness of higher education.

Article 25. Suspension from training operations of higher education institutions

1. A higher education institution is suspended from training operations when:

a/ It committed frauds in order to be established or permitted for establishment or licensed for training operations;

b/ It fails to satisfy any of the conditions provided in Clause 1, Article 23 of this Law;

c/ Its training operations are licensed ultra vires;

d/ It violates the education law and is administratively sanctioned in the form of operation suspension; or

e/ It falls into another case prescribed by law.

2. A decision on training operation suspension must clearly state the reason for and duration of suspension and measures to assure the lawful interests of lecturers, employees and learners. This decision must be publicized in the mass media.

3. After the suspension duration, if the problem leading to the suspension is solved, the person competent to issue the suspension decision shall issue a decision to permit the resumption of training operations.

Article 26. Dissolution of higher education institutions

1. A higher education institution is dissolved when:

a/ It seriously violates the law;

b/ Past the suspension duration of its training operations, it fails to solve the problem leading to such suspension;

c/ The operation objectives and contents under the decision on its establishment or permitting its establishment no longer meet socio-economic development requirements;

d/ Its dissolution is requested by its founding organization or person; or

e/ It fails to fulfill the commitments stated in the approved project within 5 years after the effective date of the decision on its establishment or permitting its establishment.

2. A decision to dissolve a higher education institution must clearly state the reason for the dissolution and measures to guarantee lawful interests of lecturers, learners and employees. This decision must be publicized in the mass media.

Article 27. Order and competence to establish or permit the establishment, to license and suspend training operations of, and to merge, divide, split and dissolve, higher education institutions

1. The^[25] Government shall specify conditions and procedures for the establishment or permission of establishment, licensing of training operations, suspension from training operations, and merger, division, spilt-up and dissolution of universities^[26], general universities and foreign-invested higher education institutions^[27].

2. The Prime Minister may decide on the establishment of general universities and public universities^[28]; and permit the establishment of private universities and foreign-invested higher education institutions^[29].

3. The person competent to decide on the establishment or permit the establishment of a higher education institution may decide on the merger, division, split-up or dissolution of that institution.

4. The Minister of Education and Training may license and suspend training operations of^[30]  universities^{[31] [32]} and scientific research institutes licensed for doctor’s training, and of foreign-invested higher education institutions.

Chapter III

TASKS AND POWERS OF HIGHER EDUCATION INSTITUTIONS

Article 28. Tasks and powers of ^[33] universities^[34]

1. To elaborate their development strategies and plans.

2. To carry out training operations and science and technology, international cooperation and higher education quality assurance activities.

3. To develop training programs according to set objectives; ensuring transferability between training programs and levels.

4. To organize the apparatus; to recruit, manage, develop and train a contingent of lecturers, administrators and other staff.

5. To manage learners; to assure the lawful rights and interests of lecturers, administrators and other staff; to set aside funds for implementing social policies for social policy beneficiaries and inhabitants in ethnic minority areas and areas with exceptional socio-economic disadvantages; to assure a pedagogic environment for educational activities.

6. To self-assess training quality and submit to education quality accreditation.

7. To be allocated or leased land and physical foundations by the State; to enjoy tax exemption and reduction under law.

8. To mobilize, manage and use resources; to build and increase physical foundations and invest in facilities and equipment.

9. To cooperate with domestic and foreign economic, educational, cultural, physical training, sports, health and scientific research institutions.

10. To comply with communication and reporting regulations and to be examined and inspected under regulations by the Ministry of Education and Training, related ministries and sectors and the provincial-level People’s Committees of the localities where they are headquartered or organize training operations.

11. To have other tasks and powers under law.  

Article 29. Tasks and powers of general universities

1. Tasks and powers of general universities:

a/ To elaborate their development strategies and plans;

b/ To manage, administer and organize their training operations;

c/ To mobilize, manage and use resources, to share their common resources and physical foundations;

d/ To comply with communication and reporting regulations and to be examined and inspected under regulations by the Ministry of Education and Training, the Government Inspectorate, related ministries and sectors and provincial-level People’s Committees of the localities where they are headquartered;

e/ To enjoy high autonomy in training, scientific and technological research, financial and foreign relation activities and organization of apparatus;

f/ To have other tasks and powers under law.

2. The Prime Minister shall promulgate the organization and operation regulation of national universities and higher education institutions being their members; the Minister of Education and Training shall promulgate the organization and operation regulation of regional universities and higher education institutions being their members.

Article 30. Tasks and powers of academies and institutes^[35] licensed for doctoral training

1. To perform the tasks and powers under regulations on doctoral training.

2. To have a specialized unit being a faculty, division or department responsible for organizing and managing doctoral training.

Article 31. Tasks and powers of foreign-invested higher education institutions

1. To elaborate and implement training and scientific research objectives, programs and contents; to develop lecturing staff, physical foundations, equipment, course books and teaching and learning materials; to assure and accredit higher education quality; to organize training operations and issue and grant diplomas and certificates in accordance with law.

2. To be organized and operate under the decisions on their establishment or permitting their establishment.

3. To make public their committed training quality, resources and finances.

4. To submit to the Ministry of Education and Training’s state management of education. To regularly report on their operations and give explanations at the request of the Ministry of Education and Training, ministries, sectors, competent agencies and the provincial-level People’s Committees of the localities where they are headquartered or operate.

5. To assure lawful rights and interests of their learners, lecturers and other employees, even in case they terminate or are required to terminate operation before the licensed operation duration expires.

6. To respect Vietnamese law, customs and practices.

7. To receive state protection of their lawful rights and interests in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

8. To perform other tasks and powers in accordance with.

Article 32. Autonomy and accountability of higher education institutions^[36]

1. A higher education institution shall exercise autonomy and discharge accountability in accordance with law. Agencies, organizations and individuals shall respect and guarantee the autonomy of higher education institutions.

2. Conditions for exercise of autonomy by a higher education institution are prescribed as follows:

a/ The council of the higher education institution has been established; the higher education institution has been recognized by a lawful education quality accreditation institution as meeting quality standards applicable to higher education institutions;

b/ The higher education institution has issued, and organized the implementation of, its organization and operation regulation, financial regulation, and other internal management regulations, processes and rules; has adopted policies for ensuring quality up to the standards prescribed by the State;

c/ The autonomy and accountability are delegated to each unit and individual in the higher education institutions;

d/ Quality assurance conditions, accreditation results, post-graduation employment rates and other information are publicized in accordance with law.

3. Autonomy in academic and professional operation covers issuance and implementation of quality standards and policies; opening of disciplines, enrolment, training, science and technology activities, and domestic and international cooperation in compliance with law.

4. Autonomy in organization and personnel work covers issuance and implementation of internal regulations on the organizational structure and staff structure, list of working positions and criteria on and policies toward each position; recruitment, employment and dismissal of lecturers, civil servants and other employees; decision on administration and management personnel in higher education institutions in compliance with law.

5. Autonomy in finances and assets covers issuance and implementation of internal regulations on revenue sources, management and use of financial sources and finances; attraction of development investment capital; policies on tuition fees and scholarships for students and other policies in compliance with law.

6. Accountability of higher education institutions before owners, learners, the society, competent management agencies and stakeholders is prescribed as follows:

a/ To give explanations about the  implementation of quality standards and policies, imposition and implementation of regulations by higher education institutions; to be held responsible before law for failure to implement operation quality assurance regulations and commitments;

b/ To publicize annual reports on operation result indicators on websites of higher education institutions; to implement regulations on regular and irregular reports to owners and competent management agencies;

c/ To give explanations about wages, bonuses and other benefits for leaders and managers of higher education institutions at conferences of officials, civil servants and employees; to perform audit of financial statements, annual account finalization reports, investments, and procurements; to give explanations about operation of higher education institutions before owners and competent management agencies;

d/ To publicize annual financial statements and other contents on their websites according to regulations of the Ministry of Education and Training;

dd/ To give explanations about other matters in other forms in accordance with law.

7. The Government shall specify the autonomy and accountability of higher education institutions.

Chapter IV

TRAINING OPERATIONS

Article 33. Opening of training disciplines^[37]

1. Conditions for a higher education institution to open training disciplines at bachelor’s, master’s and doctor’s degrees:

a/ The disciplines conform with human resource needs for socio-economic development of localities, regions, the country and of each sector, ensure international cooperation;

b/ The higher education institution meets conditions on the number, quality, qualifications and structure of permanent lecturers and scientists;

c/ The higher education institution has physical foundations, facilities, libraries and course books meeting teaching, learning and research requirements;

d/ The higher education institution has training programs as prescribed in Article 36 of this Law.

2. The Minister of Education and Training shall specify conditions for opening training disciplines; prescribe the order and procedures for opening and closing disciplines; and decide to permit higher education institutions not yet meeting the conditions for enjoying autonomy in opening training disciplines prescribed in Clause 3 of this Article to open disciplines and permit the opening of disciplines in the fields of health, teacher training, national defense and security.

3. Higher education institutions meeting the conditions prescribed in Clauses 1 and 2 of this Article and Clause 2, Article 32 of this Law may enjoy autonomy in opening training disciplines at bachelor’s level; after reaching quality accreditation standards for bachelor training programs, higher education institutions may enjoy autonomy in opening appropriate training disciplines at master’s level; after reaching quality accreditation standards for master training programs, higher education institutions may enjoy autonomy in opening appropriate training disciplines at doctor’s level, except for disciplines in the fields of health, teacher training, national defense and security; in case of opening new disciplines for training at  master’s and doctor’s levels, higher education institutions may enjoy autonomy and shall comply with Clause 5 of this Article and this Law’s provisions on quality accreditation.

4. Higher education institutions that exercise autonomy in opening disciplines when not yet meeting the prescribed conditions shall be suspended from provision of training in these disciplines and may not enjoy autonomy in opening disciplines for 5 years, counting from the date competent state agencies make conclusion on their violations.

5. The quality of training programs shall be assessed before first-class students graduate; and be accredited in accordance with this Law right after first-class students graduate. In case of failure to perform assessment or accreditation or the assessment or accreditation results do not reach requirements, higher education institutions shall improve their training quality so as to reach output standards of the training programs and ensure benefits of learners; and may not organize enrollment for these disciplines until reaching quality accreditation standards.

Article 34. Enrollment quotas and organization of enrollment

1.^[38] Enrollment quotas are prescribed as follows:

a/ Enrollment quotas shall be determined by discipline and group of disciplines on the basis of labor demands in the market and socio-economic development requirements in conformity with conditions on the quantity and quality of higher education institutions’ lecturing staff, physical foundations and post-graduation employment rates and other quality assurance conditions;

b/ Higher education institutions may determine by themselves and shall publicize enrollment quotas, training quality, training quality assurance conditions, and post-graduation employment rates; and shall ensure output standards of the training programs they have publicized;

c/ Higher education institutions that violate regulations on enrollment subjects, conditions and quotas shall be handled in accordance with law and may not determine by themselves enrollment quotas for 5 years, counting from the date competent state agencies make conclusions about their violations.

2. Organization of enrollment:

a/ Methods of enrollment include entrance exam, selection-based enrollment or combination of entrance exam and selection-based enrollment;

b/ Higher education institutions may decide by themselves on their methods of enrollment and take responsibility for their enrollment.

3.^[39] The Minister of Education and Training shall promulgate the enrollment regulation and determine sources of enrollment to education training from high school graduates and college and intermediate degree holders; prescribe criteria, principles and process of determining enrollment quotas; determine enrollment quotas for teacher training disciplines and enrollment quotas of higher education institutions according to Point c, Clause 1 of this Article; and set minimum input quality assurance levels for teacher training disciplines and health disciplines involving grant of practice certificates.

Article 35. Training duration^[40]

1. The training duration shall be determined on the basis of the number of credits required for each training program and training level. The number of credits required for each level is prescribed in Vietnam’s national qualification framework. Rectors of higher education institutions shall decide on the number of credits to be accumulated for each training program and level in compliance with law.

2. The Prime Minister shall approve the framework structure of the national education system and Vietnam’s national qualification framework; and determine standard training periods for different higher education levels within the framework structure of the national education system.

Article 36. Training programs and course books of higher education

1. Training programs:

a/^[41] A training program covers objectives, volume of knowledge, training structure and contents, and assessment methods and forms for relevant subjects, discipline, and training level, and output standards in compliance with Vietnam’s national qualification framework.

b/^[42] Training programs shall be formulated based on credits, including research-oriented, application-oriented, job-oriented programs, and must ensure transferability among training levels and disciplines and meet regulations on training program standards;

c/^[43] Higher education institutions may use training programs of foreign higher education institutions which are permitted for use for training and grant of diplomas by competent authorities of host countries or have valid quality accreditation certificates issued by lawful quality accreditation institutions; and must comply with the law on intellectual property;

d/ A higher education institution enjoys autonomy and assumes accountability^[44] for developing, appraising and issuing college, bachelor, master and doctoral training programs;

dd/ A foreign-invested higher education institution enjoys autonomy and assumes accountability^[45] for developing training programs and implementing training programs accredited by a Vietnamese education quality accreditation institution, guaranteeing no harms to national defense and security and public interest, no contents distorting history or adversely affecting the cultures, ethics, fine customs and practices and unity of Vietnamese ethnic groups and world peace and security; and no religion spread contents;

e/ A training program under continuing education has the same contents as that under formal education.

2. Course books of higher education:

a/ Course books of higher education concretize the requirements for knowledge and skills in the training programs for each subject or discipline, ensuring training objectives of different levels of higher education;

b/ The Ministry of Education and Training shall organize the compilation of common course books for the subjects of political theory and defense-security as materials for teaching and learning in higher education institutions;

c/ Rectors of higher education institutions shall organize the compilation or select and approve higher education course books as materials for teaching and learning in their higher education institutions on the basis of appraisal by course book appraisal councils set up by the rectors;

d/ Higher education institutions shall comply with regulations on intellectual property and copyright when using course books and announcing scientific research works.

3. The Minister of Education and Training shall stipulate the minimum knowledge volume and capacity requirements that students must acquire after graduating each training level of higher education; the process to develop, appraise and issue programs for^[46] bachelor, master and doctoral training; compulsory subjects in the training programs of foreign-invested higher education institutions; and the compilation, selection, appraisal, approval and use of teaching materials and course books of higher education.

Article 37. Organization and management of training^[47]

1. Higher education institutions shall organize and manage training activities by credit, academic year or credit-combined-academic year.

2. Higher education institutions may only conduct joint training at bachelor’s level with other higher education institutions, colleges, professional secondary schools, provincial-level continuing education centers, and staff training institutions of state agencies, political organizations, socio-political organizations or people’s armed forces provided that their partners meet the training programs’ requirements on the pedagogic environment, physical foundations, facilities, libraries and administrators; and they may not conduct joint training in health disciplines involving grant of practice certificates.

3. Higher education institutions shall cooperate with enterprises and employing units in using specialists, physical foundations and facilities in organizing practice lessons and probation so as to improve students’ practice skills and probation and career opportunities for students. 

4. Higher education institutions in localities shall, based on the needs of localities and recommendations of provincial-level People’s Committees, provide continuing education, vocational education and higher education programs; provide training courses which are transferable among intermediate, college and bachelor’s levels; and provide transitional training for other universities.

5. The Minister of Education and Training shall promulgate the regulation on training at different levels of higher education.

Article 38. Diplomas of higher education^[48]

1. Diplomas of higher education within the national education system include bachelor’s diploma, master’s diploma, doctor’s diploma and diplomas of equivalent levels.

2. A learner who has completed a training program, reached the prescribed output standards of the training level, and accomplished all obligations and responsibilities of learners may obtain a diploma of the equivalent training level granted by the rector of the higher education institution.

3. Higher education institutions shall design and print blank diplomas and grant diplomas to learners, manage diplomas and certificates in accordance with law; and publicize diploma forms and information relating to the grant of diplomas to learners on their websites.

4. The Minister of Education and Training shall negotiate and sign or propose competent authorities to negotiate and sign treaties on recognition of diplomas with foreign countries, international organizations and other entities according to his/her competence.

5. The Minister of Education and Training shall specify contents of diplomas and diploma supplements; principles of printing blank diplomas and management, issuance, revocation and cancellation of diplomas of higher education; responsibilities and competence to grant diplomas of Vietnamese higher education institutions that conduct joint training with foreign higher education institutions; responsibilities of foreign-invested higher education institutions granting diplomas of higher education in Vietnam; and conditions, order and procedures for recognition of diplomas of higher education granted by foreign higher education institutions.

6. The Government shall promulgate the systems of diplomas of higher education and prescribe diplomas and certificates for a number of special intensive disciplines.

Chapter V

SCIENCE AND TECHNOLOGY ACTIVITIES

Article 39. Objectives of science and technology activities

1. To raise the quality of higher education and scientific and technological research and application capacity of lecturers, researchers, administrators and public employees.

2. To form and develop scientific research capacity for learners; to discover and foster talents, meeting requirements of highly qualified human resource training.

3. To create new knowledge, technologies and solutions for science and education development, contributing to socio-economic development and assurance of national defense and security.

Article 40. Contents of science and technology activities

1. To study basic sciences, social sciences and humanities, educational science and technological science to create new knowledge and products.

2. To apply research outcomes and transfer technology to production and life.

3. To build laboratories and research establishments for training and scientific research, and technology incubators, to college technological development with creation of new products.

4. To participate in the selection, consultancy, counter-argument and performance of science and technology tasks and contracts as well as tasks under placed orders.

Article 41. Tasks and powers of higher education institutions in science and technology activities

1. To elaborate and implement science and technology development strategies and plans.

2. To conduct scientific and technological research to serve training and raise training quality.

3. To conduct scientific research and technology transfer in order to create new knowledge, technology and solutions, contributing to socio-economic development suitable to their science and technology capacity.

4. To enjoy autonomy and assume accountability^[49] for signing science and technology contracts; to perform science and technology tasks; to register participation in the selection for performance of science and technology tasks.

5. To use money, assets, intellectual property value and other lawful revenues to perform science and technology tasks and conduct production and business.

6. To establish research and development institutions, science and technology service organizations and science and technology enterprises.

7. To receive protection of their intellectual property; to transfer or sell outcomes of their science and technology activities; to announce outcomes of their science and technology activities.

8. To protect the interests of the State and the society; and lawful rights and interests of organizations and persons engaged in science and technology activities; to keep science and technology secrets in accordance with law.

9. To perform other tasks and powers in accordance with law.

Article 42. Responsibilities of the State for science and technology development^[50]

1. The State shall concentrate investment in developing science and technology potential and adopt mechanisms and policies to encourage organizations and individuals to invest in developing science and technology potential and innovative startup eco-systems at higher education institutions; prioritize the development of a number of disciplines and fields to reach research capacity up to regional and international levels.

2. The Government shall prescribe science and technology activities in higher education institutions.

Chapter VI

INTERNATIONAL COOPERATION ACTIVITIES

Article 43. Objectives of international cooperation activities

1. To raise the quality of higher education toward modernity and access to advanced regional and world higher education systems.

2. To create conditions for higher education institutions to develop sustainably and train human resources of high qualifications and quality to serve national industrialization and modernization.

Article 44. Forms of international cooperation by higher education institutions

1. Joint training.

2. Establishment of representative offices of foreign higher education institutions in Vietnam.

3. Cooperation in scientific research and technology transfer and organization of scientific conferences and seminars.

4. Consultancy, funding and investment for development of physical foundations, facilities and equipment.

5. Retraining and exchange of lecturers, researchers, administrators and learners.

6. Linking of libraries, information exchange for training and science and technology activities; supply of training programs; exchange of publications, documents and outcomes of training and science and technology activities.

7. Admission to regional and international educational and scientific organizations and professional associations.

8. Establishment of overseas representative offices of Vietnamese higher education institutions.

9. Other forms of cooperation under law.

Article 45. Joint training with foreign partners^[51]

1. Joint training with a foreign partners means the cooperation in training between a Vietnamese higher education institution and a foreign one in order to implement a training program and grant diplomas or certificates without forming a new legal person. Joint training with foreign partners must comply with the Law on Education and other relevant laws.

2. A joint training program may be a foreign program or a program jointly developed by both parties, which can be implemented wholly in Vietnam or partly in Vietnam and partly overseas.

3. In order to enter into joint training with Vietnamese higher education institutions, foreign higher education institutions must be prestigious ones which can ensure quality and possess permits for provision of training and grant of diplomas in the fields of joint training programs granted by competent authorities of their countries or valid education quality accreditation certificates issued by lawful education quality accreditation institutions. Joint training partners must meet conditions on physical foundations, facilities and lecturing staff as required by the training programs; and be held responsible for the quality of training programs.

4. The Minister of Education and Training shall approve schemes on joint training with foreign partners for teacher training disciplines and health disciplines after consulting related ministries and sectors; and joint training schemes of higher education institutions other than those prescribed in Clause 5 of this Article.

5. Higher education institutions meeting the conditions prescribed in this Article and Clause 2, Article 32 of this Law may enjoy autonomy in joint training at bachelor’s level; after their bachelor training programs reach quality accreditation standards, they may enjoy autonomy in joint training at master’s level; and after their master training programs reach quality accreditation standards, they may enjoy autonomy in joint training in appropriate disciplines at doctor’s level. 

6. In case a joint training program with a foreign partner is suspended from enrollment or terminated due to failure to maintain the conditions provided in Clause 3 of this Article, the higher education institution shall guarantee lawful interests of its lecturers, employees and learners; refund tuition fees to learners, pay teaching remunerations and settle other benefits of lecturers and employees under signed labor contracts or the collective labor agreement and pay tax debts and other debts (if any).

7. Higher education institutions shall publicize information relating to joint training programs with foreign partners and the legality of foreign diplomas granted in the host countries and Vietnam on their websites and in the mass media; support learners in the course of recognition of higher education diplomas; and perform accreditation of joint programs implemented in Vietnam right after first-class students graduate and on a frequent basis as prescribed.

8. Higher education institutions that conduct joint training when not yet meeting all conditions as prescribed or violate education quality assurance conditions stated in their schemes on joint training with foreign partners shall be subject to suspension of joint training activities and may not enjoy autonomy in joint training with foreign partners for 5 years, counting from the date on which competent agencies make conclusions on their violations.

Article 46. Representative offices

1. A representative office of a foreign higher education institution functions to represent that foreign higher education institution.

2. A representative office has the following tasks and powers:

a/ To boost cooperation with Vietnamese higher education institutions through promoting the formulation of higher education cooperation programs and projects;

b/ To organize exchange and counseling activities, information exchange, seminars and exhibitions on higher education in order to introduce foreign higher education organizations and institutions;

c/ To urge and supervise the implementation of higher education cooperation agreements signed with Vietnamese higher education institutions;

d/ To neither carry out higher education activities directly generating profits in Vietnam nor establish its branches in Vietnam.

3. A foreign higher education institution may obtain a license for a Vietnam-based representative office when fully meeting the following conditions:

a/ It has the legal entity status;

b/ It has operated in higher education for at least 5 years in the host country;

c/ It has a charter and clear operation guidelines and objectives; and

d/ It has an organization and operation regulation for its representative office to be set up in Vietnam which conforms to Vietnamese law.

4. The Minister of Education and Training shall license representative offices of foreign educational institutions engaged in higher education.

5. A representative office of a foreign higher education institution terminates its operation when:

a/ The operation term indicated in its license expires;

b/ The foreign higher education institution establishing the representative office requests such termination;

c/ Its license is revoked because it fails to operate within 6 months after obtaining the license or within 3 months after obtaining an extended license;

d/ Its license application dossier is detected to contain forged document(s);

dd/ It carries out activities in contravention of its license; or

e/ It violates other provisions of Vietnamese law.

Article 47. Tasks and powers of higher education institutions in international cooperation

1. To carry out international cooperation in the forms provided in Article 44 of this Law.

2. To comply with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. To have their lawful rights and interests protected under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 48. Responsibilities of the State for international cooperation

1. The Government shall adopt appropriate policies to implement bilateral and multilateral commitments in order to facilitate the development of international cooperation activities of higher education institutions on the principles of meeting national socio-economic development requirements and conforming with the higher education development strategy^[52] and master plan; and increase management of joint-ventures or joint higher education activities with foreign partners.

2. ^[53]The Prime Minister shall provide investment policies and treatment regimes to attract overseas Vietnamese scientists and people to take part in funding, teaching, scientific research and technology transfer activities; and specify conditions and procedures for international cooperation provided in Articles 44, 45 and 46 of this Law.

3. The Minister of Education and Training shall provide incentives for higher education institutions to invest in and expand foreign exchange and cooperation in teaching, training, scientific research and technology transfer activities; and the management of operations of foreign higher education institutions in Vietnam and joint training between Vietnamese and foreign higher education institutions.

Chapter VII

HIGHER EDUCATION QUALITY ASSURANCE AND ACCREDITATION

Article 49. Higher education quality assurance; objectives, principles and subjects of higher education quality accreditation^[54]

1. Higher education quality assurance is a constant, systematic process, covering policies, mechanisms, standards, processes and methods to maintain and improve higher education quality.

2. The higher education quality assurance system includes the internal quality assurance system and the external quality assurance system via the mechanism of higher education quality accreditation.

3. The Minister of Education and Training shall promulgate standard training programs for different levels of higher education and minimum requirements for implementation of training programs; and higher education quality assessment standards, and higher education accreditation processes and frequency.

4. Objectives of higher education quality accreditation are prescribed as follows:

a/ To ensure and raise higher education quality;

b/ To certify the level of fulfillment of objectives by higher education institutions or training programs in each certain period;

c/ To provide a basis for higher education institutions to explain their training quality to their owners, competent agencies, stakeholders and the society;

d/ To provide a basis for learners to select higher education institutions and training programs and for employers to recruit employees.

5. Principles of higher education quality accreditation are prescribed as follows:

a/ Independence, objectivity and lawfulness;

b/ Honesty, publicity and transparency;

c/ Fairness, compulsoriness and periodicity.

6. Subject to higher education quality accreditation are:

a/ Higher education institutions;

b/ Training programs of different levels of higher education.

Article 50. Responsibilities of higher education institutions for higher education quality assurance^[55]

1. To build and develop an internal system for education quality assurance in compliance with their missions, objectives and practical conditions.

2. To formulate policies and plans to assure higher education quality.

3. To self-assess, improve and raise training quality; to periodically register for accreditation of higher education institutions and their training programs.

In case a higher education institution fails to perform periodical accreditation of training programs or the training program accreditation result is unsatisfactory, it shall renovate training programs and improve training quality so as to ensure that leaners reach standard outputs of the training programs. After 2 years from the date its training quality accreditation certificate expires or the date the accreditation result is released, if the training program is not yet re-accredited or the re-accreditation result is unsatisfactory, the higher education institution shall stop enrolment for this program and take measures to ensure benefits of leaners.  

4. To maintain and develop training quality assurance conditions, including lecturers, administrators and employees; training programs, course books and teaching and learning materials; classrooms, offices, laboratories, libraries, information technology systems, and practice facilities; financial sources, dormitories and other service establishments.

5. Annually, to report the results of fulfillment of higher education quality assurance objectives under their higher education quality assurance plans; publicize training quality assurance conditions, training, scientific research and community service outcomes, and quality assessment and accreditation results on the website of the Ministry of Education and Training and their own websites and in the mass media

Article 51. Tasks and powers of higher education institutions in higher education quality accreditation

1. To submit to higher education quality accreditation at the request of state management agencies of education.

2. To comply with regulations on communication and reporting on results of higher education quality accreditation.

3. To select a higher education quality accreditation institution among those recognized by the Ministry of Education and Training to conduct quality accreditation for them and their training programs.

4. To lodge complaints and denunciations with competent agencies about illegal decisions, conclusions or acts of higher education quality accreditation organizations or persons.

Article 52. Education quality accreditation institutions^[56]

1. An education quality accreditation institution is tasked to assess and recognize higher education institutions and their training programs as reaching higher education quality standards.

Education quality accreditation institutions have the legal person status and are organizationally independent from state management agencies and higher education institutions and shall take responsibility before law for their higher education quality accreditation operations and results.

2. An education quality accreditation institution may be established when meeting all conditions and having an establishment plan in accordance with law; and may commence education quality accreditation operations when its physical foundations, facilities, finances and permanent accrediting staff meet requirements in accordance with law.

3. The Government shall prescribe the conditions and procedures for establishment and grant of permission for operation, and dissolution of education quality accreditation institutions; responsibilities and powers of education quality accreditation institutions; and conditions and procedures for foreign education quality accreditation institutions to be recognized and operate in Vietnam.

4. The Minister of Education and Training shall decide to establish, or permit the establishment of, education quality accreditation institutions; decide to permit and suspend the operation of and dissolve education quality accreditation institutions; decide to recognize, and revoke decisions on recognition of operation of, foreign education quality accreditation institutions in Vietnam; and prescribe the supervision and assessment of education quality accreditation institutions.

Article 53. Use of higher education quality accreditation results

Results of higher education quality accreditation may be used as a basis for determining higher education quality, position and prestige of higher education institutions; exercising the right to autonomy and assuming accountability^[57]; and supporting investment and assigning tasks; and as a basis for the State and society to supervise operations of higher education institutions.

Chapter VIII

LECTURERS

Article 54. Lecturers^[58]

1. A lecturer of a higher education institution must be a person with clear personal records; possess good moral qualities; be physically fit to perform his/her tasks; and possess qualifications meeting the requirements prescribed in this Law and the higher education institution’s organization and operation regulation.

2. Lecturer titles include assistant lecturer, lecturer, principal lecturer, associate professor and professor. Higher education institutions shall appoint holders of lecturer titles in accordance with law, its organization and operation regulation, regulations on working positions, and demands of the higher education institutions.

3. The minimum qualification for lecturer title holders who teach at bachelor’s level is master’s degree, except holders of the assistant lecturer title, the minimum qualification for lecturer title holders who teach at master’s or doctor’s level is doctor’s degree. Higher education institutions shall prioritize recruitment of persons possessing a doctor’s degree to work as lecturers; and develop and offer preferential treatment toward top professors to develop their training disciplines.

4. The Minister of Education and Training shall prescribe standards on and the appointment of lecturer title holders according to his/her competence; the minimum rate of permanent lecturers of higher education institutions; and prescribe standards on practice lecturers and lecturers of a number of particular intensive disciplines.

Article 55. Tasks and rights of a lecturer

1.^[59] To give lectures, develop training programs, comply with and ensure the quality of training programs.

2. To study and develop scientific application and technology transfer and assure training quality.

3.^[60] To study and improve his/her political theory, professional qualifications and teaching methods; to participate in practical activities to improve training and scientific research quality.

4. To preserve his/her quality, prestige and honor.

5. To respect personality of learners, to fairly treat learners and protect their lawful rights and interests.

6. To participate in the management and supervision of higher education institutions and in the work of the Party and mass organizations and other work.

7.^[61] To be professionally independent in teaching and scientific research on the principle of conforming with the interests of the State and society; to sign visiting lecturer contracts and scientific research contracts with higher education institutions, scientific research institutions and other agencies and organizations according to regulations of the higher education institution he/she is working for.

8. To be appointed to lecturer titles, to be awarded the title of People’s Teacher or Excellent Teacher, to be commended in accordance with law.

 9.^[62] To have other tasks and rights according to the higher education institution’s organization and operation regulation and other relevant laws.

Article 56. Policies for lecturers

1. Lecturers of higher education institutions may be sent to training courses to raise their academic degrees and improve their professional qualifications and skills; and receive salaries, profession-based incentive allowance, seniority-based allowance and other allowances under the Government’s regulations.

2. Lecturers of higher education institutions located in areas with exceptional socio-economic disadvantages are entitled to accommodation, allowances and other incentive policies under the Government’s regulations.

3. The State shall adopt policies to transfer and second lecturers to work in higher education institutions located in areas with exceptional socio-economic disadvantages; encourage lecturers of higher education institutions in advantaged areas to work in higher education institutions in areas with exceptional socio-economic disadvantages; and create conditions for lecturers to work permanently in these areas.

4. Lecturers holding a doctoral degree and associate professors and professors working in higher education institutions may continue working beyond the age of retirement to teach and conduct scientific research provided that they have good health and voluntarily extend their working duration and at the same time, the higher education institutions wish so.

5. The Prime Minister shall specify policies for lecturers of higher education institutions.

Article 57. Visiting lecturers and rapporteurs

1. Visiting lecturers in higher education institutions are provided in^[63] Article 74 of the Education Law.

Visiting lecturers shall perform the tasks and enjoy the rights under lecturing contracts signed between them and rectors of higher education institutions.

2. Higher education institutions may invite visiting lecturers and rapporteurs who are domestic and foreign specialists, scientists, businesspersons and artisans.

3. The Minister of Education and Training shall specifically stipulate visiting lecturers and rapporteurs.

Article 58. Prohibited acts of lecturers

1. Hurting the honor or dignity of or causing bodily harm to learners and others.

2. Cheating in training and scientific research activities.

3. Taking advantage of the lecturer title and educational activities to violate law.

Chapter IX

LEARNERS

Article 59. Learners

Learners are those studying or conducting scientific research at a higher education institution, including students following^[64] bachelor training programs; students following master training programs; and postgraduates following doctoral training programs.

Article 60. Tasks and rights of a learner

1. To study, conduct scientific research and practice under regulations.

2. To respect lecturers, administrators and employees of the higher education institution; to unite with and help others in study and practice.

3. To participate in labor and social activities, environmental protection, security and order protection, prevention and control of negative and cheating practices in learning and exams, and prevention and control of social evils.

4.^[65] To be respected and treated equally without discrimination by gender, ethnicity, religion and origin, to receive full information on his/her study and practice.

5.^[66] To be facilitated in study, science, technology and start-up activities, skill-practicing and self-improvement activities, to participate in  association and community service activities; and cultural, physical training and sports activities.

6. To give opinions to and participate in the management and supervision of educational activities and education quality assurance conditions.

7. To enjoy relevant policies, for beneficiaries of priority and social policies.

8.^[67] To have other tasks and powers according to the higher education institution’s organization and operation regulation and other relevant laws.

Article 61. Prohibited acts of learners

1. Hurting the dignity or honor of or causing bodily harm to lecturers, educational administrators, employees and learners of higher education institutions and others.

2. Cheating in study, tests, exams and enrollment.

3. Committing social evils or causing insecurity or disorder in higher education institutions or in public places or committing other violations of law.

4. Organizing or participating in illegal activities.

Article 62. Policies for learners

1. Learners of higher education institutions may enjoy policies on scholarships and social subsidies, selection-based enrolment, education credit, and exemption from and reduction of public service charges in accordance with^[68] the Education Law.

2. Learners of particular disciplines to cater to socio-economic development and defense and security requirements are not required to pay tuition fees and are given priority in the consideration and grant of scholarships and social subsidies.

3. The Government shall specify priority policies for learners entitled to priority and social policies.

Article 63. Obligations to work for a definite term under state assignment

1. Learners of higher education programs who receive scholarships from, and whose training expenses are funded by, the State or financed by foreign countries under treaties to which the Socialist Republic of Vietnam is a contracting party^[69] shall, after graduation, abide by the State’s work assignment for a duration at least double that during which they received scholarships and training expenses. Otherwise, they shall refund the scholarships and training expenses.

2. Within 12 months after a learner is recognized for graduation, a competent state agency shall assign work to that learner. Past this time limit, if the learner receives no work assignment, he/she is not obliged to refund his/her scholarship and training expenses.

3. The Government shall specify the refund of scholarships and training expenses.

Chapter X

FINANCES AND ASSETS OF HIGHER EDUCATION INSTITUTIONS

Article 64. Financial sources of higher education institutions^[70]

1. Revenues of a higher education institution include:

a/ Tuition fees and revenues from training and science and technology activities, revenues from other training support services;

b/ Revenues from the performance of orders of the State, organizations and individuals for training and science and technology activities; and the performance of tasks assigned by the State;

c/ Revenues from investment of domestic and foreign organizations and individuals; financial sources from annual operation results of the higher education institution;

d/ Revenues from business activities, community services and financial investment (if any) and other lawful sources;

dd/ Borrowed capital.  

2. Donations, aid, gifts, presents and donations from ex-students and domestic and foreign individuals and organizations.

3. State budget allocations (if any).

Article 65. Tuition fees and service revenues^[71]

1. Tuition fee is a money amount payable by learners to higher education institutions to cover part or the whole of training expenses.

2. Public higher education institutions shall determine tuition fee rates as follows:

a/ Higher education institutions meeting the conditions prescribed in Clause 2, Article 32 of this Law and having all current expenditures covered by themselves may enjoy autonomy in the determination of tuition fee rates;

b/ Higher education institutions other than those prescribed at Point a of this Clause may determine tuition fee rates according to the Government’s regulations;

c/ The determination of tuition fee rates shall be based on techno-economic norms, following the roadmap for fully accounting all training expenses into tuition fees.

3. Private higher education institutions may enjoy autonomy in the determination of tuition fee rates.

4. The rates of recruitment fee and other service charges shall be determined on the principle of fully covering actual reasonable expenses.

5. Higher education institutions shall publicize training expenses, tuition fee rates and enrolment service charge rates and other service charge rates for each class and each academic year together with enrolment notices and post this information on their websites; and deduct part of revenues from tuition fees to support students with disadvantageous circumstances.

Article 66. Financial management by higher education institutions^[72]

1. Higher education institutions shall comply with financial, accounting, auditing, tax, asset valuation and financial publicity regimes prescribed by law.

2. Public higher education institutions shall themselves cover all their current expenditures; councils of higher education institutions shall decide on the use of financial sources as follows:

a/ To decide on the use of lawful sources other than the state budget for investment in training, scientific research and technology transfer projects;

b/ To decide on the contents and levels of spending from the sources of tuition fees and non-business revenues and revenues from placed orders and assigned tasks, covering also expenses for payment of salaries, professional operations and management expenses according to the internal spending regulations of higher education institutions.

3. Higher education institutions that are assigned tasks by the State and allocated state budget funds for the performance of these tasks shall manage and use these state budget funds in accordance with the law on management of public finances and public assets.     

4. At least 25% of the difference between revenues from and expenditures for training and science and technology activities of a private higher education institution shall be used for investment in the development of the higher education institution, educational activities, building of physical foundations, purchase of equipment, training and retraining of lecturers, education administrators and employees, and activities serving learning and living activities of learners or fulfillment of social responsibilities. For a not-for-profit private higher education institution, the difference between revenues and expenditures which is annually accumulated is an indivisible common asset by integration of the institution’s community and shall be used for investment in the development of the higher education institution.

5. Annually, higher education institutions shall perform financial audits and publicization and the use of financial sources in accordance with law.

6. The Government shall specify Clause 2 of this Article, the degree of financial autonomy of public higher education institutions other than those prescribed in Clause 2 of this Article; the mechanism of assignment of tasks, placement of orders or bidding for provision of public services using state budget funds to be applied to higher education institutions; prescribe foreign cooperation and investment in higher education; withdrawal and transfer of capital invested in higher education institutions, ensuring the stability and development of higher education institutions.

7. The Ministry of Education and Training and competent agencies shall examine and inspect the management and use of financial sources by higher education institutions.

Article 67. Management and use of assets of higher education institutions^[73]

1. Assets of public higher education institutions shall be managed and used according to the principles of management and use of state assets. Higher education institutions may use public assets for investment, lease, joint venture or association in accordance with law for the purpose of higher education development, following the principle of conservation and development and conformity with the educational environment.

2. Assets of private higher education institutions and not-for-profit private higher education institutions shall be managed and used according to the following principles:

a/  State assets and land use rights assigned by the State shall be managed and used in accordance with the law on management and use of public assets and the land law; may not be transformed into private ownership in any forms. For other assets of the State, their use repurposing must comply with the principle of conservation and development; the land use repurposing must comply with the land law;

b/ Assets under indivisible common ownership by integration are assets which are financed, donated and presented to private higher education institutions and other assets which are prescribed by law as being under indivisible common ownership by integration and the ownership of the institutions and of which the councils of the institutions shall act as the representative in the management and use as prescribed by law or requested by the transferors of such assets (if any) for the purposes of development of the higher education institutions and public interests, following the principles of conservation and development; and may not be transformed into private ownership in any forms.

In case of transfer of capital of higher education institutions, assets under indivisible common ownership by integration are not included into the value of to-be-valuated assets of higher education institutions.

In case of dissolution of higher education institutions, assets under indivisible common ownership by integration shall be regarded as common assets of the community and shall be managed and used by competent state agencies for the purpose of higher education development;

c/ For assets not yet specified at Points a and b of this Clause, higher education institutions may themselves decide on the management, use and disposition of these assets and shall take responsibility in accordance with the Law on Enterprises and other relevant laws.

3. Assets of foreign-invested higher education institutions are entitled to state protection in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

4. The Ministry of Education and Training and competent agencies shall examine and inspect the management and use of assets by higher education institutions in managing and using state assets in accordance with law.

Chapter XI

STATE MANAGEMENT OF HIGHER EDUCATION

Article 68. Responsibilities for state management of higher education of the Government, ministries and ministerial-level agencies^[74]

1.  The Government shall perform the uniform state management of higher education.

2. The Ministry of Education and Training shall act as the focal point assigning the Government in performing the state management of higher education and has the following responsibilities:

a/ To promulgate, or propose competent agencies to promulgate, and organize the implementation of, legal documents on higher education; strategies, master plans and policies on higher education development in order to train high-quality human resources, meet requirements for socio-economic development and national defense and security assurance; recognition, establishment, grant of permission for establishment, dissolution, and grant of permission for dissolution of higher education institutions according to its competence;

b/ To establish higher education standards, including standards on higher education institutions; standards on training programs, standards on lecturers and administrators and other standards; to prescribe the formulation, appraisal and introduction of training programs at higher education levels; to issue the list of training disciplines of higher education, regulations on enrolment, training, testing and assessment and grant of diplomas and certificates in the national education system; to manage higher education quality assurance and accreditation;

c/ To build the national database on higher education, perform accreditation, assessment, management, supervision and provision of information to related individuals and organizations;

d/ To coordinate with related agencies and socio-professional organizations operating in the field of higher education to disseminate and educate about the law on higher education;

dd/ To organize the higher education management apparatus;

e/ To formulate mechanisms and regulations on mobilization, management and use of resources for higher education development;

g/ To manage scientific and technological research and application, production and business activities in the field of higher education;

h/ To manage international cooperation on higher education;

i/ To inspect, examine, and settle complaints and denunciations, and handle violations of the law on higher education.

3. Ministries and ministerial-level agencies shall study and forecast human resource needs in the sectors and fields under their management so as to support the formulation of training plans and coordinate with the Ministry of Education and Training in performing the state management of higher education within the ambit of their tasks and powers.

Article 69. Responsibilities of provincial-level People’s Committees for state management of higher education^[75]

Provincial-level People’s Committees shall perform the state management of higher education as decentralized by the Government; support the development of higher education institutions in their localities; examine law observance by higher education institutions in their localities; carry out socialization of higher education; and ensure improvement of higher education quality and effectiveness in their localities.

Article 70. Inspection and examination

1. Inspection of higher education activities covers:

a/ Inspecting the observance of the law and policies on higher education;

b/ Detecting, preventing and handling according to competence or proposing competent state agencies to handle violations of the law on higher education;

c/ Verifying and proposing competent state agencies to settle higher education-related complaints and denunciations.

2. The Inspectorate of the Ministry of Education and Training shall perform the tasks and powers of administrative inspection and specialized inspection of higher education.

3. The Minister of Education and Training shall direct, guide and organize the inspection and examination of higher education. Ministries, ministerial-level agencies and provincial-level People’s Committees shall coordinate with the Ministry of Education and Training in the inspection and examination of higher education as assigned and decentralized by the Government.

4. Higher education institutions may conduct self-inspection and examination under law. Rectors of higher education institutions shall take responsibility for inspection and examination within their institutions.

Article 71. Handling of violations

An organization or a person committing one of the following acts shall, depending on the nature and severity of its/his/her violation, be disciplined or administratively sanctioned; and may be examined for penal liability, for individuals. If causing damage, it/he/she shall pay damages under law.

1. Illegally establishing a higher education institution or organizing educational activities;

2. Violating regulations on the organization and operations of higher education institutions;

3. Illegally publishing, printing or distributing documents;

4. Forging dossiers and violating regulations on enrollment, exams and grant of diplomas and certificates;

5. Hurting the dignity or causing bodily harm to lecturers or education administrators; maltreating learners;

6. Violating regulations on higher education quality assurance and accreditation;

7. Disturbing or causing insecurity or disorder in higher education institutions;

8. Causing loss of funds, abusing higher education activities to collect money in contravention of regulations or for self-seeking purposes;

9. Damaging the physical foundations of higher education institutions;

10. Committing other violations of the law on higher education.

Chapter XII

IMPLEMENTATION PROVISIONS^[76]

Article 72. Effect

This Law takes effect on January 1, 2013.

Article 73. Transitional provisions and implementation guidance

The Government and competent agencies shall detail and guide the implementation of articles and clauses as assigned in this Law.-