Decree No. 99/2019/ND-CP detailing the Law on Higher Education

DECREE

Detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 14, 2005 Education Law, and the November 25, 2009 Law Amending and Supplementing a Number of Articles of the Education Law;

Pursuant to the June 18, 2012 Law on Higher Education, and the November 29, 2018 Law Amending and Supplementing a Number of Articles of the Law on Higher Education;

At the proposal of the Minister of Education and Training;

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education.

Article 1. Scope of regulation and subjects of application

1. This Decree details and guides the implementation of Clauses 3, 4, 10, 12, 13, 15, 17, 23, 24, 28 and 34, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education.

2. This Decree applies to universities, academies (below referred collectively to as universities), general universities and organizations and individuals engaged in higher education.

Article 2. Naming and renaming of higher education institutions

1. The Vietnamese name of a higher education institution shall be composed of:

a/ A phrase indicating the type of the higher education institution: dai hoc (general university), truong dai hoc (university) or hoc vien (academy);

b/ A phrase indicating the training field(s) and discipline(s) (if necessary);

c/ The proper name of the higher education institution which may be the name of a locality, name of a cultural or historical figure, name of an organization or individual (if any) or another proper name.

2. The international name of a higher education institution shall be translated from Vietnamese into foreign languages using foreign-language terms in conformity with international practices. Foreign-language international names of universities being members of a general university shall be given by the general university.

3. In case of establishing or renaming a higher education institution, the Vietnamese name of the higher education institution and its international name and abbreviated name shall be indicated in its establishment or renaming scheme; must neither coincide nor cause confusion with names of other higher education institutions that have been established or registered, ensure purity of language, not contain words and symbols infringing upon the nation’s historical and cultural traditions, ethics and fine traditions and customs; and must not mislead learners as to the institution’s class or rank or contents of its training programs. Names of foreign-invested higher education institutions must also comply with current regulations on foreign cooperation and investment in higher education.

4. A dossier of application for renaming of a higher education institution must comprise:

a/ An application for renaming of the higher education institution;

b/ The resolution of the council of the university or general university;

c/ A scheme on renaming of the higher education institution clearly stating the reason and necessity for renaming; assessment of impacts on learners, cadres, lecturers and related parties; and solutions to handling risks arising from the renaming of the higher education institution (if any);

d/ A written approval of the renaming of the higher education institution from its managing agency, for public higher education institutions, or a written agreement of investors representing at least 75% of total capital contributions, for private universities and not-for-profit private universities.

5. Procedures for processing a dossier of application for renaming of a higher education institution are as follows:

a/ The applying higher education institution shall submit directly or send by post or via online public services on the Ministry of Education and Training’s portal 1 set of dossier, enclosed with a soft copy thereof, to the Ministry of Education and Training;

b/ Within 30 working days after receiving a complete dossier as prescribed in this Article, the Ministry of Education and Training shall appraise the dossier and submit it to the Prime Minister for decision;

c/ If the dossier is unqualified as prescribed, within 10 working days after receiving it, the Ministry of Education and Training shall issue a notice of dossier rejection to the applying institution, clearly stating the reason.

6. Cases of renaming combined with transformation of a private higher education institution into a not-for-profit one, transformation of a university into a general university, association of universities to form a general university must comply with Clauses 1, 2 and 3 of this Article and Article 3, 4 or 5 of this Decree.

Article 3. Transformation of private higher education institutions into not-for-profit ones

1. A dossier of application for transformation of a private higher education institution into a not-for-profit one must comprise:

a/ An application for transformation of the private higher education institution into a not-for-profit one, clearly stating the necessity for the transformation; guidelines and objectives of not-for-profit operations; contributed capital portions, and assets under indivisible common ownership by integration of the private higher education institution (if any);

b/ A written commitment of investors representing at least 75% of total capital contributions, for a private higher education institution to be transformed into a not-for-profit one in which investors operate not for profit purposes and neither withdraw funds nor receive dividends and annually accumulated earnings will belong to indivisible common ownership by integration and be used for further investment in the development of the institution;

c/ A draft organization and operation regulation and internal financial regulation of the not-for-profit private higher education institution;

d/ Other accompanying documents: Audit reports, written agreements on handling of capital contributions of investors who do not agree to transform the private higher education institution into a not-for-profit one (if any); documents and papers on land, assets, finance and organization apparatus and personnel of the private education institution to be transformed into a not-for-profit one; 

dd/ Assessments of impacts of the transformation on personnel, finance and assets and handling plans;

e/ The decision on establishment of the private higher education institution, decision on recognition of the incumbent council of the university, decision on recognition of the incumbent rector of the private higher education institution, and other relevant documents (if any).

2. Procedures for processing a dossier of application for transformation are as follows:

a/ The applying private higher education institution shall submit directly or send by post or via online public services on the Ministry of Education and Training’s portal 1 set of dossier enclosed with a soft copy thereof to the Ministry of Education and Training;

b/ Within 30 working days after receiving a complete dossier as prescribed this Article, the Ministry of Education and Training shall appraise the dossier and submit it to the Prime Minister for decision;

c/ If the dossier is unqualified as prescribed, within 10 working days after receiving it, the Ministry of Education and Training shall issue a notice of dossier rejection to the applying institution, clearly stating the reason.

Article 4. Transformation of universities into general universities and establishment of attached schools of higher education institutions

1. Conditions for a university to be transformed into a general university:

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

b/ The university has at least 3 attached schools established under Clause 4 of this Article; provides training at doctor’s level in least 10 training disciplines; and is capable of providing formal training to more than 15,000 learners;

c/ The university has obtained approval from its managing agency, for public universities, or agreement of investors representing at least 75% of total capital contributions, for private universities and not-for-profit private universities.

2. A dossier of application for transformation of a university into a general university must comprise:

a/ An application for transformation of the university into a general university; a resolution of the council of the university;

b/ A scheme on transformation of the university into a general university, clearly stating the necessity and documents proving the satisfaction of the conditions prescribed in Clause 1 of this Article; a draft organization and operation regulation of the general university; solutions to handling risks arising upon transformation (if any); and assessment of impacts of the transformation on personnel, finance and assets and handling plans;

3. Procedures for processing a dossier of application for transformation of a university into a general university are as follows:

a/ The applying university shall submit directly or send by post or via online public services on the Ministry of Education and Training’s portal 1 set of dossier, enclosed with a soft copy thereof, to the Ministry of Education and Training;

b/ Within 30 working days after receiving a complete dossier as prescribed in this Article, the Ministry of Education and Training shall appraise the dossier and submit it to the Prime Minister for decision;

c/ If a dossier is unqualified as prescribed, within 10 working days after receiving it, the Ministry of Education and Training shall issue a notice of dossier rejection to the applying university, clearly stating the reason.

4. The establishment of a school being an attached training unit of a higher education institution under Clause 1, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education is prescribed as follows:

a/ Conditions for establishment: The to-be-established school must provide training at bachelor’s or higher levels in at least 5 disciplines of the same training field, including at least 3 disciplines at master’s level and at least 1 discipline at doctor’s level; capable of providing formal training to 2,000 learners or more; and have its functions, tasks and organizational apparatus as an attached school of the higher education institution specified. In case of establishing a school only to provide training under application-oriented programs, the condition for training at master’s or doctor’s level is not required. In case of establishing a school with a capacity of providing formal training for less than 2,000 learners or with the number of bachelor’s level or master’s level-training disciplines in a single training field lower than the prescribed number, the Minister of Education and Training’s approval is required, based on particularities of the training field or level;

b/ An establishment dossier must comprise: An establishment scheme clearly stating the necessity for the establishment; solutions to implementing the scheme; documents proving the satisfaction of the conditions for establishment of a school prescribed at Point a of this Clause;

c/ The council of the university or general university shall appraise the dossier and issue a decision to establish its attached school and send it to the Ministry of Education and Training for reporting;

d/ The name of the school must neither coincide with nor cause confusion with those of higher education institutions that have been established or registered, ensure purity of language, contain no words and symbols infringing on the nation’s historical and cultural traditions, ethics and fine traditions and customs. Its international name shall be translated from Vietnamese into foreign languages using foreign-language terms in conformity with international practices.

Article 5. Association of universities to form a general university

1. Conditions for universities to be associated with one another to form a general university:

a/ Having at least 3 public universities or 3 private universities associated with one another to form a general university or having at least 3 universities which are private universities and not-for-profit private ones associated with one another to form a not-for-profit private general university;

b/ Having a draft regulation on organization and operation of the general university jointly formulated by associating universities and clearly defining common objectives and missions; regulations on organization, finance and assets; and other contents (if any);

c/ Having obtained approval of managing agencies, for public universities, or agreement of investors representing at least 75% of total capital contributions of each private university or not-for-profit private university.

2. A dossier of application for association of universities to form a general university must comprise:

a/ A report, enclosed with an application for association to form a general university, made by the concerned universities;

b/ Resolutions of councils of the concerned universities on the association;

c/ A scheme on association of universities to form a general university clearly stating the necessity for the association and changes in objectives and missions of the concerned universities; a draft regulation on organization and operation of the general university; solutions to handling risks arising from the association (if any).

3. Procedures for processing a dossier of application for association of universities to form a general university are as follows:

a/ The university representing the concerned universities shall submit directly or send by post or via online public services on the Ministry of Education and Training’s portal 1 set of dossier, enclosed with a soft copy thereof, to the Ministry of Education and Training;

b/ Within 45 working days after receiving a complete dossier as prescribed in this Article, the Ministry of Education and Training shall assume the prime responsibility for, and coordinate with related ministries and sectors in, appraising the dossier and submit it to the Prime Minister for decision;

c/ If the dossier is unqualified as prescribed in this Article, within 10 working days after receiving it, the Ministry of Education and Training shall issue a notice of dossier rejection to the applying universities, clearly stating the reason.

Article 6. Organization and operation of higher education institutions established under agreements between the Government of the Socialist Republic of Vietnam and foreign signatories

The organization and operation of higher education institutions established under agreements between the Government of the Socialist Republic of Vietnam and foreign signatories must comply with these agreements. In case signed agreements have no provisions on this issue, this Decree and other relevant laws shall prevail.

Article 7. Order and procedures for establishment and recognition of councils of public universities; recognition, removal from office and relief from duty of chairpersons and appointment and relief from duty of other members of councils of public universities; and recognition of rectors of public universities

1. Procedures for establishment of the council of a public university are as follows:

a/ For a newly established university: The managing agency of the university shall assign a person to act as the acting rector who shall participate in the interim council of the university and perform tasks and exercise powers of the rector until a decision on recognition of the official rector is issued at the proposal of the council of the university.

The managing agency shall decide on the interim council of the university, specifying number of members and composition of the council and methods of organizing the election of elected members, directing the election of elected members and the chairperson of the interim council according to the provisions on councils of universities of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education. Before the university applies for permission for commencement of training operation, the managing agency shall issue a decision on recognition of the interim council of the university and the council chairperson, clearly stating the operation duration of the interim council of the university, which, however, must not exceed 12 months from the date of the issuance of the decision. The establishment of the official council of the university must comply with Point d of this Clause.

b/ For an operating university that has yet complied with the provision on establishment of councils of universities, within 6 months from the effective date of this Decree, the leadership of the university shall direct the establishment of the council under Point d of this Clause.

c/ For a university that has already had a council: At the time when this Decree takes effect, if the remaining duration of the term of office of the incumbent council is less than 6 months, the council shall continue to operate until its term of office expires and, at the same time, the leadership of the university shall proceed with procedures for establishment of the council of the subsequent term of office under Point d of this Clause. If the remaining duration of the term of office of the incumbent council of the university is 6 months or more, the following provisions shall apply:

If the establishment of the council of the university complies with the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and the Vietnam Communist Party’s regulations effective at the time of establishment, it shall continue to operate until its term of office expires, decide on the person to be appointed as the university rector, and exercise other rights and discharge other responsibilities in accordance with law and the organization and operation regulation of the university.

If the establishment of the council of the university does not comply with the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and the Vietnam Communist Party’s regulations effective at the time of establishment, within 6 months from the effective date of this Decree, the leadership of the university shall direct the process of establishing the council of the university of a new term of office under Point d of this Clause. The council of the new term of office shall decide on the person to be appointed as the university rector and exercise other rights and discharge other responsibilities in accordance with law and the organization and operation regulation of the university.

d/ Upon expiration of each term of office or in cases specified at Points b and c of this Clause, the leadership of the university shall direct the establishment of the council of the university of the new term of office in accordance with the Vietnam Communist Party’s regulations, law, its organization and operation regulation, and the following provisions: The leadership shall propose the university’s managing agency to appoint a representative to participate in the council of the university; reach agreement with the representative of the managing agency and other ex officio members of the council on the number of members and composition of the council (if the organization and operation regulation of the university has no provisions thereon); guide the election of council members based on its structure; and organize the election of the council chairperson by members of the council.

The recommendation of elected members, selection of general meeting or representative meeting and required percentage of attendants at the representative meeting (if any) must be prescribed in the organization and operation regulation of the university; if choosing to convene a representative meeting, the number of representatives must account for over 50% of the total number of the university’s staff. In case the organization and operation regulation of the university has no provisions thereon, the leadership of the university shall reach agreement with the representative of the managing agency and other ex officio members of the council of the university and then direct the implementation. After being recognized, the council of the university shall modify or supplement the current organization and operation regulation or issue a new one with the above-mentioned contents in accordance with the Law Amending and Supplementing a Number of Articles of the Law on Higher Education.

At least 30 working days before the term of office expires, the leadership shall complete and send 1 set of dossier specified at Point a, Clause 4 of this Article to the managing agency for the latter to issue a decision on recognition of the council of the university and council chairperson of the subsequent term of office.

dd/ The leadership mentioned in this Clause is the leadership of the university, comprising the Standing Board of the Party Committee or executive board of the Party Committee of the university (in case the Party Committee of the university has no standing board), chairperson and deputy chairperson (if any) of the council of the university, and the rector and vice rectors of the university. The leadership shall be presided over by the chairperson of the council or rector of the university (pending the election of the chairperson of the council); work on a collegial basis and make decision by majority. In case the number of members of the leadership is an even number and voting result is 50:50, the opinion of the side with the presiding officer shall prevail.

2. Procedures for replacement of the chairperson and members of the council of a university are as follows:

a/ In case the chairmanship of the council of the university is vacant (the chairperson is removed from office or relieved from duty under Clause 5 of this Article, passes the maximum age limit for holding positions prescribed by law, changes jobs or dies), the deputy chairperson (if any) or secretary (if there is no deputy chairperson) of the council of the university shall convene a meeting of the council to elect a new chairperson under Point c, Clause 1 and send 1 set of dossier specified in Clause 4 of this Article to the managing agency for the latter to issue a decision on recognition of the new chairperson;

b/ In case a position in the council of the university is vacant, the council chairperson shall base himself/herself on the title of the vacant position to direct the selection of a substitute member in accordance with law and the organization and operation regulation of the university; send 1 set of dossier specified at Point a, Clause 4 of this Article to the managing agency for the latter to issue a decision on recognition of the new member. The report must clearly state the reason(s) for replacement of the council member, enclosed with dossiers supporting the reason(s) (if any);

3. In case an external member is elected as chairperson of the council of the university, competent management agencies shall carry out procedures prescribed by law for him/her to become a permanent officer of the university.

4. Procedures for recognition of the council of a university are as follows:

a/ A dossier of application for recognition of the council of the university and council chairperson must comprise: a report requesting the recognition of the council of the university, clearly stating the process of identifying members of the council; a list of the chairperson and members of the council of the university, enclosed with their resumes and written agreements to participate in the council; the minutes of the meetings, vote-counting records, the document on appointment of a representative to join the council of the managing agency, and relevant documents;

b/ Within 30 working days after receiving a complete dossier of the university, the managing agency shall issue a decision on recognition of the council of the university and the chairperson and members of the council. In case of dossier rejection, the agency shall issue a written reply, clearly stating the reason;

c/ After being recognized, the council of the university may use the seal and organizational apparatus of the university to perform its work; the council chairperson may enjoy the highest position-based allowance prescribed in the list of position-based allowances of the university. Position-based allowances of the deputy chairperson (if any), secretary and other members of the council of the university shall be specified in the organization and operation regulation of the university.

5. Removal from office and relief from duty of chairpersons of councils of universities and relief from duty of other council members are prescribed as follows:

a/  The removal from office or relief from duty of the chairperson of the council of a university and relief from duty of other council members shall be conducted in case the concerned individual makes a written request for withdrawal from the council of the university; has restricted civil act capacity; is physically unfit to perform the assigned work and has been absent from work for more than 6 months but his/her working ability has not yet been restored; or has committed serious violation of law or is executing a judgment of court. In case over 50% of council members request in writing the relief from duty or removal from office of the concerned person; or in other cases specified in the organization and operation regulation of the university.

When there is a lawful request for removal from office or relief from duty of the chairperson of the council of a university, the deputy chairperson (if any) or secretary of the council (if there is no deputy chairperson) or a council member proposed by over 50% of the council members (if past 30 days from the date the request is made, the deputy chairperson or secretary of the council still fails to settle the request) shall preside over a meeting held to settle the request. The meeting must meet requirements the percentage and composition of participants and the percentage of votes in accordance with law;

b/ The council of the university shall consider and decide on removal from office or relief from duty of its chairperson or relief from duty of other council members and send a dossier thereof to the managing agency for the latter to issue a decision. Such a dossier must comprise: a report clearly stating the reason for the relief from duty or removal from office and relevant documents or proofs;

c/ Within 30 working days after receiving the university’s dossier, the head of the managing agency shall issue a decision on relief from duty or removal from office. In case of dossier rejection, he/she shall issue a written reply, clearly stating the reason.

6. Procedures for deciding on the person to be appointed as the rector of a university and recognizing the university rector are as follows:

a/ Procedures for deciding on the person to be appointed as the rector of a university shall be specified in the organization and operation regulation of the university in conformity with the Vietnam Communist Party’s regulations and relevant law. In case the term of office of a rector expires at the same time with that of the council of the university, the rector shall continue performing his/her tasks until the managing agency recognizes the rector of the subsequent term of office, on the basis of the proposal of the university council of the subsequent term of office;

b/ After deciding on the person to be appointed as the university rector, the council of the university shall send a report to the managing agency, clearly stating the process of identifying the person to be appointed as the rector in accordance with the organization and operation regulation of the university, enclosed with proofs and resumes and a written agreement of the person to be appointed as the rector;

c/ Within 30 working days after receiving a complete dossier from the council of the university, the head of the managing agency shall issue a decision on recognition of the university rector. In case of dossier rejection, he/she shall issue a written reply, clearly stating the reason.

7. The organization of councils of higher education institutions under the Ministry of Public Security and the Ministry of National Defense must comply with the Government’s specific regulations.

8. The recognition of councils; recognition, removal from office and relief from duty of chairpersons, and appointment and relief from duty of other members; recognition of rectors of member universities of general universities shall fall under competence of councils of general universities.

Article 8. Procedures for establishment and recognition of councils; recognition, removal from office and relief from duty of council chairpersons; and recognition of rectors of private universities and not-for-profit private universities

1. The procedures for establishment and recognition of councils of private universities and recognition of council chairpersons are as follows:

a/ Procedures for establishment and recognition of the council of a newly established university or a university without a council and recognition of the council chairperson: The investors’ meeting or the owner shall decide on the number of members and composition of the council of the university; appoint or elect according to their capital contribution proportions representatives of investors; external members of the university who are leaders, managers, educators, cultural activists, scientists, ex-students, and representatives of employers; internal members of the university who are representatives of lecturers and laborers on the basis of the personnel nominated by the university’s general meeting or representatives’ meeting held by the university’s rector, and representatives (if any) of learners recommended by the learners’ organization. The person holding the highest capital contribution proportion among members of the council of the university shall chair the election of the council chairperson and propose the investors’ meeting or the owner to issue decisions on recognition of the council of the university and council chairperson before asking for permission for commencement of training operations (for newly established universities) or within 6 months after the effective date of this Decree;

b/ Procedures for establishment and recognition of the council of a university and recognition of the council chairperson of the subsequent term of office: Investors may themselves proceed with the procedures for establishment of the council of the university and election of the council chairperson prescribed at Point a of this Clause or authorize the incumbent council to do so and then propose the investors’ meeting or the owner to recognize the council of the university and the council chairperson of the subsequent term of office;

c/ In case the chairperson of the council of a university is removed from office or relieved from duty under Clause 3 of this Article, the vice chairperson (if any) or secretary (in case the council has no vice chairperson) of the council shall hold a meeting of the council to elect a new chairperson of the council according to Point b ofthis Clause, and Point b, Clause 3, of this Article and then propose the investors’ meeting or the owner to issue a decision on recognition of the council chairperson;

d/ In case a position in the council of a university is vacant, the chairperson of the council of the university shall base himself/herself on the title of this vacant position to proceed with the procedures for selection of a substitute member according to Point b of this Clause and send a dossier requesting the investors’ meeting or the owner to recognize the addition of the substitute member to the council of the university;

dd/ A dossier of request for recognition of the council of a university and council chairperson must comprise a request for recognition, clearly stating the process for determining members of the council; a list of the chairperson and members of the council, enclosed with their resumes and written agreements to join the council; minutes of meetings and records of counting of votes of the elections of the chairperson and elected members of the council;

e/ Within 30 working days after receiving a complete dossier of request of the university, the investors’ meeting or the owner shall decide to recognize the council of the university and its chairperson and members; in case of refusal, the investors’ meeting or the owner shall issue a written reply clearly stating the reason;

g/ The working regime of and conditions on the council of a university and holders of positions in the council shall be provided in the organization and operation regulation of the university.

2. The procedures for establishment and recognition of councils of not-for-profit private universities and recognition of council chairpersons are as follows:

a/ For a newly established university: The investors’ meeting or the owner shall decide on the number of members and composition of the council of the university; appoint or elect representatives of investors to join the council, identifying the person in charge of proceeding with the procedures for establishment of the council and election of the council chairperson. Such person shall hold a general meeting or representatives’ meeting of the university to elect representatives of lecturers, laborers and external members of the university to join the council of the university; organize the election of the council chairperson by council members in accordance with the Law Amending and Supplementing a Number of Articles of the Law on Higher Education; and propose the investors’ meeting or the owner to issue a decision on recognition of the council of the university and the council chairperson before asking for permission for commencement of training operations;

b/ For an operating university: The composition and organizational structure of as well as the performance of tasks and powers by the council of the university must comply with law and the university’s organization and operation regulation. At the end of each term of office, the council chairperson shall propose the investors’ meeting or the owner to appoint or elect representatives to join the council of the university of the subsequent term of office; proceed with the procedures for establishment of the council of the university of the subsequent term of office according to Point a of this Clause and the university’s organization and operation regulation. At least 30 days before the current term of office ends, the council chairperson shall complete a dossier to request the investors’ meeting or the owner of the university to recognize the council of the university and the council chairperson of the subsequent term of office;

c/ In case the chairperson of the council of a university is removed from office or relieved from duty, Point c, Clause 1 of this Article shall apply; in case a position in the council is vacant, Point d, Clause 1 of this Article shall apply; a dossier of request and the time limit for recognition of the council of a university and council chairperson must comply with Points dd and e, Clause 1 of this Article; the working regime of and conditions on the council of a university and holders of positions in the council shall be provided in the organization and operation regulation of the university.

3. The removal from office and relief from duty of the chairperson of the council of a university are prescribed as follows:

a/ The removal from office and relief from duty of the council chairperson must comply with Point a, Clause 5, Article 7 of this Decree;

b/ The council of the university shall consider and decide on the relief from duty or removal from office of the council chairperson and send a dossier of request to the investors’ meeting or the owner for decision. The dossier must comprise a report clearly stating the reason(s) for the relief from duty or removal from office and documents supporting such reason(s);

c/ Within 30 working days after receiving a complete dossier of request, the investors’ meeting or the owner shall issue a decision on removal from office or relief from duty of the council chairperson; in case of refusal, the investors’ meeting or the owner shall issue a written reply clearly stating the reason.

4. The investors’ meeting mentioned in this Article is the meeting of all investors prescribed in Clause 11, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and must comply with the following provisions:

a/ The conditions on, forms of making decision by, and organization and operation of the investors’ meeting must comply with Clause 11, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and are specified in the organization and operation regulation of the concerned higher education institution;

b/ Before the adoption of the concerned higher education institution’s organization and operation regulation with specific provisions on the investors’ meeting, the chairperson of the Board of Directors (if any) or the representative of capital contributors who undersigns the application for establishment of the university (in case the university has no Board of Directors) shall convene and chair the investors’ meeting. The first meeting shall be considered lawful if it is attended by investors representing at least 65% of the total contributed capital; if the first meeting fails to reach this rate, from the second time on, the meeting (with the same agenda) shall be attended by investors representing at least 51% of the total contributed capital. The letter of invitation to the meeting must be explicit and sent to all capital contributors, enclosed with the tentative agenda of the meeting and related documents, at least 15 days before the meeting is held by registered mail or express mail service or in another form which enables the confirmation of the status of information delivery and receipt.

The contents of the meeting shall be adopted right at the meeting and recorded in a minutes with the signatures of the person presiding the meeting and the meeting secretary for archive. The resolution of the meeting shall be passed when it is voted for by capital contributors representing at least 65% of the aggregate capital contribution portions of those who attend the meeting by raising hands or secret ballot and sent to all capital contributors within 15 days after it is passed.

5. The decision on the person expected to be appointed as rector and recognition of rector of a private university or not-for-profit private university falls within the competence of the investors’ meeting or the owner of the university and must comply with the procedures prescribed in Clause 6, Article 7 of this Decree.

6. The recognition of the councils of member universities; recognition, removal from office and relief from duty of chairpersons and appointment and relief from duty of other members of the councils of member universities; and recognition of rectors of member universities of a private general university or not-for-profit private general university fall within the competence of the council of the general university, unless the organization and operation regulation of the general university prescribes that the investors’ meeting or the owner of the general university is competent to do so.

Article 9. Procedures for establishment and recognition of councils of general universities; recognition, removal from office and relief from duty of chairpersons and other members of councils of general universities

1. The procedures for establishment and recognition of councils of public general universities; and recognition, removal from office and relief from duty of chairpersons and other members of councils of public general universities must comply with Clause 13, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and Article 7 of this Decree.

2. The procedures for establishment and recognition of councils of private general universities and not-for-profit general universities; and recognition, removal from office and relief from duty of chairpersons of councils of private general universities and not-for-profit general universities must comply with Clause 13, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and Article 8 of this Decree.

Article 10. Recognition of research-oriented higher education institutions

1. A research-oriented higher education institution must closely combine training with scientific research activities and satisfy the following criteria:

a/ The institution has announced in its missions, vision and objectives the orientation of development into a research higher education institution; and has been recognized as reaching education quality accreditation standards;

b/ The institution has attached or dependent units engaged in basic science research or source technology research and development; the disciplines in which the institution is providing training at master’s and doctor’s levels account for at least 50% of the total number of training disciplines with grant of diplomas; in the latest 3 years, the number of learners enrolled for master’s and doctor’s training has reached at least 20% of the total number of enrolled learners and the institution has annually granted 20 or more doctor’s diplomas on average;

c/ In the latest 3 years, the institution’s revenue from science and technology activities and technology innovation, research and transfer has reached at least 15% of its total revenues on average;

d/ In the latest 3 years, the institution has annually publicized at least 100 articles in prestigious scientific journals in the world with the rate of at least 0.3 article per 1 permanent lecturer on average. The Minister of Education and Training shall decide on the list of prestigious scientific journals in the world for use as a basis for recognition of satisfaction of this criterion;

dd/ The student-to-lecturer ratio does not exceed 20; permanent lecturers possessing doctor’s degree account for at least 50% of the total number of permanent lecturers of the institution; and the rate of lecturers holding the title of professor or associate professor to the total number of permanent lecturers possessing doctor’s degree of the institution is at least 20%;

e/ Permanent lecturers and administrators of public universities are lecturers and cadres who are recruited, employed and managed according to regulations on the number of workers and working positions in public non-business units.

Permanent lecturers and administrators of private universities and not-for-profit private universities are laborers who sign labor contracts of a term of 3 years or of an indefinite term as prescribed by the Labor Code, are not civil servants or public employees and not currently working under labor contracts of a term of 3 months or more for other employers, and enjoy salary and other benefits paid by the universities according to regimes and policies applicable to laborers according to current regulations.

2. Based on the criteria prescribed in Clause 1 of this Article and the objectives and missions of higher education institutions as well as their requests and enclosed proofs, higher education quality accreditation institutions shall conduct accreditation and publicize on their websites lists of higher education institutions meeting criteria on research-oriented institutions; annually review and remove from such lists higher education institutions that no longer satisfy these criteria and report results to the Ministry of Education and Training.

3. Research-oriented higher education institutions shall be given priority in assignment of science and technology tasks.

Article 11. Branches of higher education institutions in Vietnam

1. Branches of higher education institutions in Vietnam shall be established and operate according to Clause 15, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and the Government’s current regulations on conditions for investment and operation in the field of education and must comply with the following provisions:  

a/ A branch of a higher education institution has a director, deputy directors and assisting units meeting its operational requirements; the organization and operation of the branch shall be specified in the organization and operation regulation of the higher education institution;

b/ A branch of a higher education institution shall perform the tasks and exercise the powers prescribed by the higher education institution.

2. A Vietnam-based branch of a foreign higher education institution shall be established and operate according to Clause 15, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and must comply with the following provisions:

a/ The foreign higher education institution must be a higher education institution lawfully operating in and meeting quality requirements of the host country;

b/ The branch has an investment capital of at least VND 500 billion (excluding expenses for acquiring land use rights); and has disbursed an investment capital of over VND 250 billion by the time of appraisal of conditions for grant of an establishment license;

c/ The branch meets other conditions on establishment and operation and complies with regulations on procedures and competence as prescribed by Vietnam’s law on foreign cooperation and investment in the field of education as for foreign-invested higher education institutions in Vietnam;

d/ The training programs used at the branch are programs which have valid education quality accreditation certificates or are licensed by competent authorities in accordance with the law of the country where the foreign higher education institution is operating and continuing education programs applied by the foreign higher education institution at its branch in accordance with Clause 3, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education;

dd/ The dissolution and suspension from education activities of the branch must comply with current regulations on foreign cooperation and investment in the field of education as for foreign-invested higher education institutions in Vietnam.

Article 12. Higher education quality accreditation institutions

1. Conditions for establishment, grant of permission for operation, suspension from operation and dissolution of Vietnamese higher education quality accreditation institutions must comply with the Government’s regulations on conditions for investment and operation in the field of education.

2. Responsibilities and powers of higher education quality accreditation institutions:

a/ To formulate their organizational structures and build their apparatuses; to foster, employ and manage accreditors; to issue internal documents in order to organize and implement education quality accreditation activities according to regulations of the Minister of Education and Training;

b/ To assess and recognize higher education institutions and training programs at different levels of higher education as reaching education quality standards at the request of education institutions or competent organizations, and grant and revoke education quality accreditation certificates. The assessment and recognition of satisfaction of education quality standards of training programs and higher education institutions under the Ministry of Public Security or Ministry of National Defense must comply with regulations of the Ministry of Education and Training after reaching agreement with the Ministry of Public Security or Ministry of National Defense.

c/ To publicize on their websites their licenses for provision of education quality accreditation services, and organization and operation regulations, lists of education quality accreditation councils, lists of accreditors and results of education quality accreditation activities;

d/ To comply with regulations on education quality evaluation standards and education quality accreditation processes; operational principles, conditions and criteria on organizations and individuals engaged in education quality accreditation activities; and supervision and assessment of education quality accreditation institutions;

dd/ To submit a report to the Ministry of Education and Training within 10 days after granting or revoking an education quality accreditation certificate for being posted on the Ministry of Education and Training’s portal; to provide dossiers and documents on education quality accreditation upon receiving written requests of competent agencies;

e/ Before December 31 every year, to send a report on evaluation of results of education quality accreditation activities in the year and a plan for the subsequent year, together with proposals and recommendations (if any) to the Ministry of Education and Training;

g/ To discharge other responsibilities and exercise other powers in accordance with law.

3. Conditions and procedures for foreign education quality accreditation institutions to be recognized and operate in Vietnam must comply with the Government’s regulations on conditions for investment and operation in the field of education.

Article 13. Autonomy and accountability of higher education institutions

Higher education institutions shall exercise autonomy and discharge accountability in accordance with the Law on Higher Education, the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and the following provisions:

1. Autonomy in academic and professional operations

a/ To have the right to issue, and organize the implementation of, internal regulations on enrolment, training, science and technology activities, and domestic and international cooperation in accordance with law;

b/ To determine and publicize methods and quotas of enrolment according to regulations of the Ministry of Education and Training, except the public security and national defense sectors which must comply with regulations of directly managing agencies;

c/ To decide on the methods of organizing and managing training operations for different training levels and forms; to formulate, appraise and issue training programs in conformity with regulations on the Vietnamese Qualifications Framework and training program standards, which cause no harms to national defense and security and public interests, have no contents distorting history or adversely affecting the cultures, ethics, fine customs and practices and solidarity of Vietnamese ethnic groups and world peace and security, and have no religion spread contents; to compile, select, appraise, approve and use teaching materials and course books of higher education (except compulsory subjects); to organize the implementation and evaluation of the quality of training programs of higher education; to design and print blank diplomas and certificates and issue and manage diplomas and certificates in accordance with law;

d/ To decide on distance training or joint training with domestic qualified education institutions at bachelor’s level in the form of in-service training in accordance with law;

dd/ To decide on science and technology activities according to Article 16 of this Decree; to decide on international cooperation activities according to Clauses 3, 5 and 6, Article 44 of the Law on Higher Education and in accordance with law;

e/ If fully meeting the conditions for exercise of autonomy prescribed in Clause 17, to enjoy autonomy in opening training disciplines under Clause 18, and in entering joint training with foreign partners under Clause 30, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education;

General universities may enjoy autonomy in deciding to open disciplines and conduct joint training with foreign partners for their member universities and attached training units if meeting the conditions for opening disciplines prescribed in Clauses 1 and 2, Article 33 and the conditions for conducting joint training with foreign partners prescribed in Article 45 of the Law on Higher Education, which was amended and supplemented. Member universities of general universities may enjoy autonomy in deciding to open disciplines and conduct joint training with foreign partners if meeting the conditions for opening disciplines prescribed in Clause 3, Article 33 and the conditions for conducting joint training with foreign partners prescribed in Clause 5, Article 45 of the Law on Higher Education, which was amended and supplemented, in conformity with organization and operation regulations of the general universities.

Higher education institutions not yet meeting the conditions prescribed in Clause 17, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education shall open disciplines and conduct joint training with foreign partners in accordance with law.

g/ To exercise other autonomies in academic and professional operations in accordance with law.

2. Autonomy in organization and personnel work

a/ Public higher education institutions shall exercise autonomy in organization and personnel work in accordance with the Law on Higher Education, the Law Amending and Supplementing a Number of Articles of the Law on Higher Education, and current regulations on establishment, reorganization and dissolution of public non-business units and in the number of workers and working positions in public non-business units; have autonomy for the organizational apparatus and personnel to perform professional tasks but may not increase the number of salaried workers and their salaries (including salary and allowances) paid from the state budget;

b/ Private higher education institutions and not-for-profit private higher education institutions shall exercise autonomy in organization and personnel work in accordance with the Law on Higher Education and the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and publicize on their websites information on their organizational apparatus and at-law representatives;

c/ Higher education institutions shall issue, and organize the implementation of, internal regulations on organizational apparatus and personnel; exercise other autonomies in organization and personnel work in accordance with the Law on Higher Education, the Law Amending and Supplementing a Number of Articles of the Law on Higher Education, and other relevant laws;

d/ The establishment of branches or attached enterprises of higher education institutions must comply with current laws.

3. Autonomy in finance and assets

a/ Public higher education institutions shall exercise autonomy in finance and assets in accordance with the Law on Higher Education, the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and current regulations on the autonomy mechanism applicable to non-business units;

b/ Private higher education institutions and not-for-profit private higher education institutions shall exercise autonomy in finance and assets in accordance with the Law on Higher Education, the Law Amending and Supplementing a Number of Articles of the Law on Higher Education, and other relevant laws; and are entitled to the State’s support for development in conformity with capacity of the state budget and regulations on investment in higher education development;

c/ Higher education institutions shall issue, and organize the implementation of, internal regulations on finance and assets and exercise other autonomies in finance and assets in accordance with the Law on Higher Education, the Law Amending and Supplementing a Number of Articles of the Law on Higher Education, and other relevant laws.

4. Accountability

a/ Higher education institutions shall fully comply with periodical and extraordinary reporting regulations and requirements of their owners and competent state management agencies; and send the internal regulations mentioned at Point b, Clause 2, Article 16 of the Law on Higher Education, which was amended and supplemented, and the regulations and decisions mentioned at Points a, d and e, Clause 1 of this Article to the Ministry of Education and Training within 30 days after issuing such regulations and decisions to serve the state management of higher education;

b/ To be held responsible before learners, owners, competent state management agencies and involved parties for assurance of training quality in accordance with law and their internal regulations and commitments;

c/ To publicize on their websites information on their missions and vision; internal regulations; lists of lecturers classified by discipline, qualification and title and other conditions for assurance of training quality; results of accreditation of training programs and higher education institutions; output standards of training programs, training forms, and training organization plans; enrolment schemes and plans, lists of learners enrolled and graduated every year classified by training discipline and level, scope of training and rate of students having jobs after 12 months from graduation; specimen diplomas and certificates and lists of learners obtaining diplomas and certificates every year; annual training expenses and tuition fees, enrolment charges and other collectible amounts from learners for each academic year and the whole training course; regimes and policies on tuition fee exemption and reduction and scholarships; and other information in accordance with law;

d/ To publicize announcements of enrolment quotas, discipline opening decisions, and joint training decisions, together with dossiers proving satisfaction of prescribed conditions, on their websites at least 30 working days before conducting the enrolment, discipline opening or joint training; to send these announcements and decisions to the Ministry of Education and Training within 30 days from the date of making the announcements or issuing the decisions;

dd/ To regularly update their databases to the national system of databases on higher education according to regulations of the Ministry of Education and Training; to be held responsible before law for documents they have issued and decisions and activities they have made or conducted under the autonomy mechanism;

e/ To make financial statements according to regulations and publicize these statements on their websites, except information on the list of state secrets.

5. Autonomy and accountability of higher education institutions in the people’s armed forces must comply with this Decree and relevant laws.

Article 14. Training levels in a number of particular specialized training disciplines

1. Training levels in a number of particular specialized training disciplines are the levels of those who have graduated from the following particular specialized training programs:

a/ Programs with a learning volume of 150 credits or more, for upper secondary education graduates or equivalents, or a learning volume of 30 credits or more for bachelor degree graduates;

b/ Programs with a learning volume of 90 credits or more, for those whose qualification corresponds to Level 7 of the Vietnamese Qualifications Framework.

2. Based on regulations on input conditions, minimum learning volume, lecturer standards, output standards and other standards set in the standard training programs for different levels of higher education according to regulations of the Ministry of Education and Training, graduates from particular specialized training programs shall be classified into corresponding levels of the Vietnamese Qualifications Framework.

Article 15. Diplomas and certificates of higher education

1. The system of diplomas of higher education includes:

a/ Bachelor’s diploma, which shall be granted to those who graduate from training programs of bachelor’s level in accordance with law and meet requirements on output standards of Level 6 according to the Vietnamese Qualifications Framework and lawful specific regulations of training institutions;

b/ Master’s diploma, which shall be granted to those who graduate from training programs of master’s level in accordance with law and requirements on output standards of Level 7 according to the Vietnamese Qualifications Framework and lawful specific regulations of training institutions;

c/ Doctor’s diploma, which shall be granted to those who graduate from training programs of doctor’s level in accordance with law and requirements on output standards of Level 8 according to the Vietnamese Qualifications Framework and lawful specific regulations of training institutions;

d/ Diplomas of equivalent levels, which are those prescribed in Clause 2 of this Article.

2. Diplomas of a number of particular specialized training disciplines in the higher education system include diploma of doctor of medicine, doctor of dental medicine, diploma of doctor of traditional medicine, pharmacist’s diploma, diploma of doctor of animal health medicine, engineer’s diploma, architect’s diploma, and some other diplomas according to regulations of the Government, which shall be granted to graduates from the training programs prescribed in Article 14 of this Decree.

3. Certificates of a number of particular specialized training disciplines in the national education system shall be granted to learners who have completed training for further training courses to improve professional knowledge and qualifications prescribed by ministries and ministerial-level agencies or to learners who sit exams and reach requirements for grant of certificates in conformity with regulations on grant of certificates in the national education system.

Article 16. Science and technology activities in higher education institutions

1. Higher education institutions shall conduct science and technology activities in accordance with the Law on Science and Technology and Clause 24, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Higher Education.

2. Tasks and powers of higher education institutions in science and technology activities:

a/ To exercise autonomy and discharge accountability in science and technology activities in accordance with law;

b/ To issue, and organize the implementation of, internal regulations on science and technology, startup and innovation activities on the basis of legal provisions related to science and technology activities; to create conditions for and encourage organizations and individuals to invest in development of science and technology potential;

c/ To establish or contribute capital to establish enterprises in accordance with the law on enterprises, relevant laws and decisions of the councils of universities or general universities for the purposes of applying, deploying and commercializing research outcomes and providing public services;

d/ To carry out science and technology activities in accordance with law.

Article 17. Transfer and withdrawal of capital invested in higher education institutions

1. The transfer of the ownership over a contributed capital portion of a capital contributor in a private university or not-for-profit private university shall be specified in the organization and operation regulation and internal financial regulation of the university, conform to law, ensure the stability and development of the university, and comply with the following principles:

a/ The capital contributor who wishes to transfer its/his/her contributed capital portion shall notify transfer conditions to the council of the university;

b/ The council of the university shall notify transfer conditions to the remaining capital contributors and publicize the information, together with transfer conditions, to laborers of the university; such a notice must be valid for at least 30 days from the date of issuance;

 c/ The transfer shall be conducted in the following order: among capital contributors of the university corresponding to their capital contribution proportions; to laborers of the university if capital contributors refuse to acquire the transferred capital portion or fail to acquire the whole transferred capital portion; persons other than capital contributors and laborers of the university if laborers of the university refuse to acquire the transferred capital portion or fail to acquire the whole transferred capital portion.

2. The withdrawal of capital contributed to a private university must comply with law and regulations of the university and ensure stability and development of the university.

3. The handling of finance and assets in case a higher education institution is dissolved must comply with law.

Article 18. Transitional provisions

Public higher education institutions which are undertaking on a pilot basis the renewal of the operational mechanism under the Government’s Resolution No. 77/NQ-CP of October 24, 2014, may exercise autonomy in organization and personnel work and in finance and assets in accordance with the Law on Higher Education, the Law Amending and Supplementing a Number of Articles of the Law on Higher Education and this Decree. Autonomy schemes already approved by the Prime Minister shall be further implemented until the Government promulgates a new decree on establishment, reorganization and dissolution of public non-business units, the number of workers and working positions in public non-business units, and financial autonomy mechanism applicable to public non-business units.

Article 19. Effect

1. This Decree takes effect on February 15, 2020.

2. To annul Article 2; Clause 2, Article 3; and Article 6 of the Government’s Decree No. 141/2013/ND-CP of October 24, 2013, detailing and guiding the implementation of a number of articles of the Law on Higher Education; the Government’s Decree No. 73/2015/ND-CP of September 8, 2015, providing standards for stratification of, and framework and standards for ranking, higher education institutions; the Prime Minister’s Decision No. 70/2014/QD-TTg of December 10, 2014, promulgating the university charter; and Clause 4, Article 7 of the Government’s Decree No. 127/2018/ND-CP of September 21, 2018, providing the responsibility for state management of education.

Article 20. Implementation responsibility

1. The Ministry of Education and Training shall direct the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC