Law on Higher Education 2012, No. 08/2012/QH13

THE PRESIDENT

Order No. 06/2012/L-CTN of July 2, 2012, on the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the XthNational Assembly, the 10thsession;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Higher Education,

which was passed on June 18, 2012, by the XIIIthNational Assembly of the Socialist Republic of Vietnam at its 3rdsession.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

Law on Higher Education

(No. 08/2012/QH13)

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.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law provides the organization, tasks and powers of higher education institutions, training activities, scientific and technological activities, international cooperation activities, assurance and accreditation of higher education quality, lecturers, learners, finance and assets of higher education institutions, and state management of higher education.

Article 2.Subjects of application

This Law applies to colleges, universities, academies, regional universities, national universities; scientific research institutes licensed for doctoral training; and organizations and persons involved in higher education.

Article 3.Application of the Law on Higher Education

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

Article 4.Interpretation of terms

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

1.Formal educationmeans a form of training through full-time courses at a higher education institution to implement a training program at a level of higher education.

2.Continuing education,which includes in-service and distance training, is a form of training through classes or courses to implement a college or a bachelor training program at a higher education institution or a joint training institution to meet learners’ needs.

3.Disciplinemeans a combination of knowledge and skills of a certain field of professional or scientific activity. A discipline comprises specializations.

4.Specializationmeans a combination of specialist professional knowledge and skills of a discipline.

5.Transfer in higher educationmeans a method of organizing training which allows learners to use their acquired learning results for further study at a higher level in the same discipline or when moving to another discipline or training level.

6.Standard knowledge and skills of a training programmeans the minimum knowledge and skills a learner must acquire after completing a training program.

7.Private or foreign-invested non-profit higher education institutionmeans a higher education institution whose annual profits constitute a common asset which is not divided but used for re-investment in the higher education institution’s development, and its shareholders or capital contributors do not receive any yields or receive an annual yield not exceeding the interest rate of government bonds.

8.Universitymeans a higher education institution comprising a group of member colleges, universities and scientific research institutes in different professional fields, which is organized in two tiers for providing training at different higher education levels.

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 college, bachelor, master and doctoral training levels

a/ College training aims to provide students with basic professional knowledge and good practicing skills, understanding about impacts of natural and social principles and rules in reality and the ability to solve common problems in their trained profession;

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

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 their trained profession;

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

1. Higher education comprises college, bachelor, master and doctoral training levels.

The Minister of Education and Training shall coordinate with ministers and heads of ministerial-level agencies in specifying training in specialized practice and application skills for national or regional university graduates in some particular professions.

2. The training levels of higher education may be attained through formal or continuing education.

Article 7.Higher education institutions

1. Higher education institutions in the national education system include:

a/ Colleges;

b/ Universities, academies;

c/ Regional universities, national universities;

d/ Scientific research institutes licensed for doctoral training.

2. Vietnamese higher education institutions are organized as:

a/ State-owned public higher education institutions whose physical foundations are invested and built by the State;

b/ Private higher education institutions owned by social organizations, socio-professional organizations, private economic organizations or individuals, whose physical foundations are invested and built by these organizations or individuals.

3. Foreign-invested higher education institutions include:

a/ Wholly foreign-owned higher education institutions;

b/ Higher education institutions being joint ventures of foreign and domestic investors.

Article 8.National university

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

2. A national university enjoys high autonomy 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 board 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.Classification of higher education institutions

1. The classification of higher education institutions aims to serve the planning of the higher education institution network to meet socio-economic development requirements, the planning of development investment and building of training and scientific research capacity for higher education institutions; and the performance of state management.

2. The ranking of higher education institutions aims to assess their prestige and training quality; and serve the work of state management and identification of state-funded investment priorities.

3. A higher education institution shall be classified and ranked based on the following indicators:

a/ Its position and role in the higher education system;

b/ Its training scale, disciplines and levels;

c/ Structure of its training and scientific and technological activities;

d/ Its training and scientific research quality;

e/ Its higher education quality accreditation results.

4. Higher education institutions shall be classified into:

a/ Research-oriented higher education institutions;

b/ Application-oriented higher education institutions;

c/ Practice-oriented higher education institutions.

5. The Government shall stipulate classification criteria for higher education institutions; promulgate the framework for ranking higher education institutions by class and criteria for each rank within the framework to serve state management work and prioritization of state-funded investment for higher education.

The Prime Minister shall recognize the ranks of national and regional universities and other universities; the Minister of Education and Training shall recognize the ranks of colleges; based on ranking results, competent state management agencies shall decide on investment prioritization plans, assign tasks to and determine particular management mechanisms for higher education institutions suitable to the country’s human resource demands and socio-economic development conditions in each period.

Based on ranking results, the Ministry of Education and Training shall coordinate with People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) in which private higher education institutions are headquartered or organize training activities in supporting these institutions in land, credit and staff training and retraining.

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.Planning of the higher education institution network

1. Planning of the higher education institution network is the distribution and arrangement of the system of colleges, universities, academies and national and regional universities with the structure of disciplines and training levels suitable to the population size, geographical position and territory nationwide and in each locality for each period in line with the national strategies for socio-economic development and defense and security.

2. Planning principles:

a/ Conformity with the socio-economic development strategies and master plans of the country, industries, regions and localities; assurance of the structures of disciplines, training levels, and regions and areas; satisfaction of people’s learning demands;

b/ Assurance of the diversity and synchrony of the higher education system, linkage of training with scientific research, production and services; gradual improvement of training quality to serve the cause of industrialization, modernization and international integration;

c/ Suitability to the State’s investment capacity and ability to mobilize resources of the entire society; creation of opportunities for everyone to participate in building higher education institutions;

d/ Concentrated investment in major tasks, key higher education institutions and key industries, key economic regions, and specially disadvantaged areas.

3. Major contents of planning the higher education institution network:

a/ Structuring of the higher education system and determination of the training scale by discipline, training level and type of higher education institutions;

b/ Distribution of higher education institutions according to the socio-economic characteristics of each region and locality;

c/ Lecturers and educational administrators;

d/ Physical and technical foundations.

4. The Prime Minister shall approve the master plan on the higher education institution network.

Article 12.State policies on higher education development

1. Higher education development aims to train human resources with qualifications and quality meeting socio-economic development requirements and assuring national defense and security.

2. To increase state budget funds for higher education investment; to make focal investment to form a number of high-quality research-oriented higher education institutions in basic sciences, hi-tech industries and key socio-economic industries up to regionally and internationally advanced levels.

3. To socialize higher education; to give land, tax, credit and staff training incentives to private and foreign-invested non-profit higher education institutions; to prioritize licensing of the establishment of private higher education institutions with large investment amounts and assuring establishment conditions as required by law; to prohibit abuse of higher education activities for self-seeking purposes.

4. To associate training with scientific and technological research and application; to enhance cooperation between higher education institutions and scientific research institutions and enterprises.

5. The State shall place orders and provide funds for the performance of science and technology tasks by higher education institutions with strong scientific and technological potential.

6. Agencies, organizations and enterprises have the right and responsibility to receive and create conditions for learners and lecturers to practice, intern and conduct scientific research and technology transfer, contributing to improving training quality.

7. To adopt appropriate polices to attract, employ and treat lecturers to improve their quality, attaching importance to increasing higher education institutions’ lecturers holding doctoral degrees and associate professor or professor titles.

8. To apply priority policies to beneficiaries of social policies, inhabitants in ethnic minority areas and areas with exceptional socio-economic disadvantages, learners of special disciplines in order to meet human resource needs for socio-economic development; to assure gender equity in higher education.

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 colleges, universities and academies

1. The organizational structure of a college, university or an academy comprises:

a/ The school board;

b/ Rector and vice rectors of the college or university; or director and deputy directors of the academy;

c/ Functional divisions and departments;

d/ Faculties, subject departments; science and technology organizations;

e/ Organizations serving training and scientific and technological research activities; production, business and service establishments;

f/ Branches (if any);

g/ The science and training council, advisory councils.

2. The organizational structure of member colleges and universities of a national or regional university complies with the Regulation on organization and operation of that national or regional university.

3. The organizational structure of private colleges and universities complies with Points b, c, d, e, f and g, Clause 1 of this Article, and includes the board of trustees and control board.

4. Foreign-invested higher education institutions may decide on their organizational structure.

Article 15.Organizational structure of a national or regional university

1. The university board.

2. Director, deputy directors.

3. The office, functional departments.

4. Member universities, member scientific research institutes.

5. Member colleges; faculties and scientific and technological research centers.

6. Organizations serving training and scientific research and application; production, business and service establishments.

7. Branches (if any).

8. The science and training council, advisory councils.

Article 16.School boards

1. School boards are set up in public colleges, universities and academies.

2. The school board is an administration organization representing the ownership of the school. A school board has the following tasks and powers:

a/ To adopt the development strategy, master plan and plans and the organization and operation regulation of the school;

b/ To adopt orientations for training, scientific and technological, international cooperation and education quality assurance activities;

c/ To adopt the organizational structure of and development investment orientations for the school;

d/ To decide on the establishment, merger, division, split-up and dissolution of organiza-tions of the higher education institution;

e/ To supervise the implementation of its resolutions and the democracy regulation in school activities.

3. School board members:

a/ The rector, vice rectors, party secretary, trade union chairperson, Ho Chi Minh Communist Youth Union secretary; representatives of a number of faculties and representative of the higher education institution’s managing agency;

b/ Persons working in education, science and technology, and production and business.

4. The school board chairperson shall be appointed by the head of a competent state agency.

Criteria for school board chairpersons are the same as those for rectors provided in Clause 2, Article 20 of this Law.

5. The term of a school board is 5 years and follows the term of the rector.

A school board shall work on the collegial principle and make decision by majority.

6. The establishment procedures, number and structure of members, tasks and powers of the school board; tasks and powers of the chairperson and secretary of the school board; appointment, relief from office of the chairperson and members of the school board are specified in the school charter.

Article 17.Board of trustees

1. Boards of trustees shall be set up in private colleges and universities.

2. The board of trustees in the single organization representing the school owner. A board of trustees has the following tasks and powers:

a/ To organize the implementation of resolutions of the general meeting of shareholders;

b/ To adopt the development strategy, master plan and plans and organization and operation regulation of the school;

c/ To adopt orientations for training, scientific and technological, international cooperation and education quality assurance activities;

d/ To decide on the organization, personnel, finance and assets of, and development investment orientations for, the school;

e/ To supervise the implementation of its resolutions and the democracy regulation in school activities.

3. Members of the board of trustees:

a/ Representatives of organizations and individuals holding a number of shares at or above the required level;

b/ Rector; representative of the managing agency of the locality in which the higher education institution is headquartered; representatives of Party and mass organizations; representative of lecturers.

4. The chairperson of a board of trustees shall be elected on the principle of majority and secret ballot.

The chairperson of a board of trustees must hold a bachelor or higher degree.

5. The term of a board of trustees is 5 years. The board of trustees shall work on the collegial principle and make decision by majority.

6. The establishment procedures, number and structure of members; tasks and powers of the board of trustees; criteria for and tasks and powers of the chairperson and secretary; recognition and non-recognition of the board of trustees, its chairperson and members are provided in the charter and organization and operation regulation of the school.

Article 18.University board

1. A university board has the following tasks and powers:

a/ To approve the development strategy, master plan and plans of the national or regional university;

b/ To adopt orientations for training, scientific and technological, international cooperation and education quality assurance activities;

c/ To decide on the organizational structure of and development investment orientations for the national or regional university;

d/ To adopt the establishment, merger, division and split-up of the organizations provided in Clauses 3, 5, 6 and 7, Article 15 of this Law; to adopt plans on the establishment, dissolution, merger, division and split-up of the organizations provided in Clause 4, Article 15 of this Law;

e/ To supervise the implementation of its resolutions and the democracy regulation in the university’s activities.

2. University board members:

a/ Director, deputy directors, party secretary, trade union chairperson, Ho Chi Minh Communist Youth Union secretary; rectors of member colleges and universities; directors of member scientific research institutes;

b/ Representatives of state management agencies; persons working in education, science and technology, and production and business.

3. The term of a university board is 5 years and follows the term of the national or regional university director. A university board shall work on the collegial principle and make decision by majority.

4. The establishment procedures, number and structure of members, tasks and powers of the university board; criteria, tasks and powers of the chairperson and secretary; and appointment, relief from office of the chairperson and members of the university board are specified in the organization and operation regulation of the national or regional university.

Article 19.Science and training council

1. A science and training council, which is established under the decision of the rector of a college or university or the director of an academy or a national or regional university, is tasked to advise the rector or director in elaborating:

a/ Regulations and rules on training, scientific and technological activities, recruitment criteria for lecturers, researchers, librarians and laboratorians;

b/ Plans to develop lecturers and researchers of the school;

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

2. A science and training council 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 sectors and fields.

Article 20.Rector

1. The rector of a college or university or the director of an academy or a national or regional university (below referred to as rector) represents the higher education institution before law and is responsible for managing activities of the higher education institution. A rector shall be appointed or recognized by a competent state agency.

The term of a rector is 5 years. A rector shall be appointed and re-appointed by term, but for no more than two consecutive terms.

2. Criteria for a rector:

a/ Possessing political and moral qualities; being scientifically and educationally prestigious, having management capacity and having managed a faculty or division of the higher education institution for at least 5 years;

b/ Holding a doctoral level, for rector of a university or director of an academy or a national or regional university; holding a master’s or higher degree, for rector of a university;

c/ Having good health. At the time of being appointed, being at an age to be able to hold at least one office term.

3. Tasks and powers of a rector:

a/ To issue regulations and rules of the higher education institution in accordance with the resolutions of the school board, the board of trustees or the university board;

b/ To decide on the establishment, merger, division, split-up and dissolution of the higher education institution’s organizations in accordance with resolutions of the school board, the board of trustees or the university board; to appoint, remove from office and relieve of heads and deputy heads of the higher education institution’s organizations;

c/ To organize the implementation of resolutions of the school board, the board of trustees or the university board;

d/ To plan and develop the contingent of lecturers and administrators;

e/ To organize training, scientific research, international cooperation and higher education quality assurance activities;

f/ To comply with regulations on communication and reporting and be subject to supervision, inspection and examination under regulations;

g/ To elaborate and implement the regulation on democracy at grassroots level; to receive opinions and submit to the supervision by individuals, organizations and mass organizations in the higher education institution;

h/ To annually report on the task performance of the rector and the managing board to the school board, the board of trustees or the university board;

i/ To have other tasks and powers as provided by law.

4. The rector of a public higher education institution or the chairperson of the board of trustees of a private higher education institution is the account owner and shall take responsibility before law for the entire management of finance and assets of the higher education institution; exercise the right to autonomy and accountability for financial publicity and transparency in accordance with law; and comply with accounting and audit regulations. The rector of a private higher education institution is the authorized representative of the account owner and shall perform the rights and obligations of the account owner as authorized.

Article 21.Branches of higher education institutions

1. A branch of a higher education institution is within the organizational structure of and submits to the management and administration by the higher education institution. A branch of a higher education institution has no independent legal entity status, is based in a province or city other than the locality in which the higher education institution is headquartered, and submits to the management by the provincial-level People’s Committee of the locality in which the branch is based.

2. A branch of a higher education institution shall perform tasks under the administration of the rector, report to the rector on its activities and to the provincial-level People’s Committee of the locality in which it is based, on activities subject to local management.

3. A branch of a higher education institution may be established under the decision or permission of the Minister of Education and Training when it fully meets the conditions provided in Article 22 of this Law.

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 the approved socio-economic development master plan and higher education institution network master plan;

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/ It has an investment certificate of a competent agency, for a foreign-invested higher education institution.

2. If a higher education institution fails to 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;

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

f/ 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 higher education institution network master plan;

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 by an unauthorized person;

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 Prime Minister 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 and academies and foreign-invested higher education institutions.

The Minister of Education and Training shall specify conditions and procedures for establishment or permission of establishment, licensing of training operations, suspension from training operations, and merger, division, spilt-up and dissolution of colleges.

2. The Prime Minister may decide on the establishment of public universities and academies; and permit the establishment of private universities and foreign-invested higher education institutions.

The Minister of Education and Training may decide on the establishment of public colleges; and permit the establishment of private colleges.

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 colleges, universities, academies and scientific research institutes licensed for doctoral training, and of foreign-invested higher education institutions.

Chapter III

TASKS AND POWERS OF HIGHER EDUCATION INSTITUTIONS

Article 28.Tasks and powers of a college, a university or an academy

1. To elaborate its development strategies and plans.

2. To carry out training, scientific and technological, 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 its apparatus; to recruit, manage, develop and train a contingent of lecturers, administrators and other staff.

5. To manage learners; to assure the rights and legitimate interests of its 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 its 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 its 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 Committee of the locality in which it is headquartered or organizes training activities.

11. To have other tasks and powers under law.

Article 29.Tasks and powers of national or regional universities

1. Tasks and powers of a national or regional university:

a/ To elaborate its development strategies and plans;

b/ To manage, administer and organize its training activities;

c/ To mobilize, manage and use resources, to share its 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 the provincial-level People’s Committee of the locality in which it is headquartered;

e/ To enjoy high autonomy in training, scientific and technological research, financial and foreign relation activities and organization of its 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 their member higher education institutions; the Minister of Education and Training shall promulgate the organization and operation regulation of regional universities and their member higher education institutions.

Article 30.Tasks and powers of a scientific research institute 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 a foreign-invested higher education institution

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 activities and issue and grant diplomas and certificates in accordance with law.

2. To be organized and operate under the decision on its establishment or permitting its establishment.

3. To make public its committed training quality and its resources and finance.

4. To submit to the Ministry of Education and Training’s state management of education. To regularly report on its operations and give explanations at the request of the Ministry of Education and Training, ministries, sectors, competent agencies and the provincial-level People’s Committee of the locality in which it is headquartered or operates.

5. To assure the rights and legitimate interests of its learners, lecturers and other employees, even in case it terminates or is required to terminate operation before the licensed duration expires.

6. To respect Vietnamese law, customs and practices.

7. To receive state protection of its rights and legitimate 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 of higher education institutions

1. A higher education institution is autonomous in its major activities of organization and personnel, finance and assets, training, science and technology, international cooperation and higher education quality assurance. A higher education institution may enjoy higher autonomy suitable to its capacity, rank and higher education quality accreditation result.

2. A higher education institution which is no longer capable of performing its autonomy or violates the law when performing its autonomy shall be handled in accordance with law depending on the severity of its violation.

Chapter IV

TRAINING OPERATIONS

Article 33.Opening of disciplines and specializations

1. Conditions for a higher education institution to open disciplines for college and bachelor training and disciplines and specializations for master and doctoral training:

a/ Disciplines and specializations registered for training meet human resource needs for socio-economic development of localities, regions, the country and of each sector;

b/ The higher education institution assures the number, quality, qualifications and structure of its permanent lecturers and scientists;

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

d/ The higher education institution’s training programs guarantee standard knowledge and skills for learners after graduation and meet the requirement of transferability between training levels and to other training programs.

2. The Minister of Education and Training shall specify conditions, order and procedures for opening or closing disciplines for college and bachelor training and disciplines or specializations for master and doctoral training; may permit the opening or closing of disciplines for college and bachelor training and disciplines or specializations for master and doctoral training.

National universities and higher education institutions that reach national standards may have the autonomy and take accountability in opening disciplines for college and bachelor training and disciplines or specializations for master and doctoral training on the approved list of disciplines and specializations within their training areas, provided that they are capable of meeting the prescribed conditions.

Article 34.Enrollment quotas and organization of enrollment

1. Enrollment quotas

a/ Enrollment quotas must be determined on the basis of socio-economic development requirements and human resource development planning and match the number and quality of lecturers, physical foundations and equipment;

b/ Higher education institutions may determine by themselves their own enrollment quotas and shall publicize their enrollment quotas, training quality and training quality assurance conditions;

c/ Higher education institutions that violate regulations on determination of enrollment quotas shall, depending on the severity of their violation, be handled in accordance with law.

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. The Minister of Education and Training shall stipulate the determination of enrollment quotas and promulgate the enrollment regulation.

Article 35.Training duration

1. The training duration for higher education levels conforms with the form of formal education provided in Article 38 of the Education Law.

2. The duration for credit-based training shall be determined based on the number of course components and number of credits required for each training program and level.

Rectors of higher education institutions shall decide on the number of course components and number of credits required for each training program and level.

3. The training duration of each level of higher education implemented through continuing education must be at least one semester longer than that of formal education.

Article 36.Training programs and course books of higher education

1. Training programs:

a/ A college or bachelor training program covers objectives, standard knowledge and skills of graduate students; and training contents and assessment methods for each subject, discipline and training level; ensuring transferability to other training levels and programs;

b/ A master or doctoral training program covers objectives, standard knowledge and skills of masters or doctors; volume of knowledge, training program structure, dissertation or thesis;

c/ A higher education institution may use accredited and recognized training programs of a foreign higher education institution for its higher education training;

d/ A higher education institution has the autonomy and takes accountability for developing, appraising and issuing college, bachelor, master and doctoral training programs;

e/ A foreign-invested higher education institution has the autonomy and takes accountability 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;

f/ 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 college, bachelor, master and doctoral training programs; 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

1. The organization and management of training are conducted by academic year or credit.

2. Higher education institutions are autonomous and accountable for organizing and managing training by course, academic year and semester and shall implement the regulation and training programs for each training level and form.

3. Higher education institutions may only join universities, colleges, professional secondary schools, provincial-level continuing education centers and schools of state agencies, political organizations, socio-political organizations or people’s armed forces in providing college and bachelor training through continuing education provided that the latter meet the requirements of the pedagogic environment, physical foundations, facilities, libraries and administrators.

4. The Minister of Education and Training shall promulgate the regulation on training and joint training.

Article 38.Diplomas of higher education

1. Diplomas of higher education shall be granted to graduates of a certain training level in a certain form of training, comprising college diploma, bachelor diploma, master diploma and doctoral diploma.

a/ A student who has completed a college training program and satisfies set criteria may take a graduation exam or defend his/her graduation project or dissertation, and may acquire a college diploma awarded by the rector of the higher education institution if meeting set requirements or earning adequate credits under regulations and reaching output standards set by the higher education institution;

b/ A student who has completed a bachelor training program and satisfies set criteria may take a graduation exam or defend his/her graduation project or dissertation, and may acquire a bachelor diploma awarded by the rector of the higher education institution if meeting set requirements or earning adequate credits under regulations and reaching output standards set by the higher education institution;

c/ A graduate who has completed a master training program and satisfies set criteria may defend his/her graduation dissertation, and may acquire a master diploma awarded by the rector of the higher education institution if meeting set requirements;

d/ A postgraduate who has completed a doctoral training program and satisfies set criteria may defend his/her thesis, and may acquire a doctor diploma awarded by the rector of the higher education institution if meeting set requirements.

2. Higher education institutions may print blank diplomas and award diplomas to learners; and publish diploma-related information on their websites.

3. The Minister of Education and Training shall stipulate forms of diplomas of higher education; the printing, management, issuance, grant, withdrawal and cancellation of diplomas of higher education; responsibilities and competence to grant diplomas of Vietnamese higher education institutions joining foreign higher education institutions to provide training; and responsibilities of foreign-invested higher education institutions for granting diplomas of higher education in Vietnam; sign agreements on diploma equivalence and recognition with other countries and international organizations; and stipulate the order and procedures for recognition of diplomas of higher education granted by foreign higher education institutions.

4. The Minister of Education and Training shall assume the prime responsibility for, and coordinate with ministers and heads of ministerial-level agencies in, stipulating diplomas of practicing and application levels and skills for national or regional university graduates receiving specialist training in particular specializations.

Chapter V

SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

Article 39.Objectives of scientific and technological 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 scientific and technological 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 a higher education institution in scientific and technological 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 its science and technology capacity.

4. To be autonomous and accountable 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 its intellectual property; to transfer or sell outcomes of its scientific and technological activities; to announce outcomes of its scientific and technological activities.

8. To protect the interests of the State and the society; and rights and legitimate interests of organizations and persons engaged in scientific and technological 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

1. The Government shall stipulate the investment in developing science and technology potential and encouragement of scientific and technological activities of higher education institutions, prioritizing higher education institutions with strong research and application personnel potential.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training, the Ministry of Planning and Investment and the Ministry of Finance in, formulating policies to prioritize investment in science and technology development in higher education institutions.

3. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and related ministries and sectors in, stipulating scientific and technological 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 scientific and technological activities; supply of training programs; exchange of publications, documents and outcomes of training and scientific and technological 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

1. Joint training with a foreign partner means the formulation and implementation of a training cooperation program between a Vietnamese higher education institution and a foreign one in order to provide training and grant diplomas or certificates without forming a new legal entity.

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

3. Higher education institutions that implement joint training programs with foreign partners must satisfy requirements of lecturers; physical foundations, facilities and equipment; training programs and contents; legal status; quality accreditation certificate granted by a foreign quality accreditation agency or recognized by the Ministry of Education and Training; and license for joint training.

4. The Minister of Education and Training shall approve joint training programs of college, bachelor, master and doctoral levels.

Directors of national or regional universities shall approve joint training programs of college, bachelor, master and doctoral levels, which are conducted in their universities.

5. When a joint training program is suspended from enrollment or terminated for failing to maintain the conditions provided in Clause 3 of this Article, the higher education institution shall guarantee the legitimate interests of its lecturers, learners and employees; 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).

6. A higher education institution shall notify its joint training programs with foreign partners on its website and in the mass media.

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);

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

f/ 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 rights and legitimate interests protected under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 47.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 and master plan; and increase management of joint-ventures or joint higher education activities with foreign partners.

2. 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.Objectives, principles and subjects of higher education quality accreditation

1. Objectives of higher education quality accreditation:

a/ To assure and raise higher education quality;

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

c/ To provide a basis for higher education institutions to explain about their training quality to competent state management agencies and the society;

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

2. Principles of higher education quality accreditation:

a/ Independence, objectivity and lawfulness;

b/ Honesty, publicity and transparency;

c/ Fairness, compulsoriness and periodicity.

3. Subject to higher education quality accreditation are:

a/ Higher education institutions;

b/ Training programs of all higher education levels.

Article 50.Responsibilities of higher education institutions for higher education quality assurance

1. To set up a specialized organization for higher education quality assurance.

2. To elaborate and implement plans to assure higher education quality.

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

4. To maintain and develop training quality assurance conditions, including:

a/ Contingent of lecturers, administrators and staff;

b/ Training programs, course books and teaching and learning materials;

c/ Classrooms, offices, libraries, information technology system, laboratories, practice facilities, dormitories and other service facilities;

d/ Financial resources.

5. To publish training quality assurance conditions, training and scientific research 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

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

An education quality accreditation institution has the legal entity status and shall take responsibility before law for its higher education quality accreditation operations.

3. An education quality accreditation institution may be established when its establishment plan conforms with the master plan on education quality accreditation institutions; and may operate when its physical foundations, facilities, equipment, finance and accreditors meet requirements of higher education quality accreditation.

3. The Minister of Education and Training shall promulgate national standards on higher education institutions; provide criteria for assessment of higher education quality, standard training programs of all higher education levels, minimum requirements for the implementation of training programs; process and cycle for higher education quality accreditation; operation principles, conditions and criteria for education quality accreditation organizations and persons; and the grant and withdrawal of certificates of education quality accreditation; establish or permit the establishment of education quality accreditation institutions; and license education quality accreditation operations.

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 accountability; 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

1. A lecturer at a higher education institution is a person with a clear personal record; good moral qualities; and health conditions meeting professional requirements, who reaches the standards on professional qualifications and skills provided at Point f, Article 77 of the Education Law.

2. Lecturer titles include instructor, lecturer, principal lecturer, college professor and professor.

3. The standard degree for lecturers of higher education is master or higher. The Minister of Education and Training shall stipulate the standard degree for lecturers of particular specializations.

Rectors of higher education institutions shall prioritize the recruitment of master degree holders to work as lecturers.

4. The Minister of Education and Training shall issue programs to retrain in pedagogical skills and provide the retraining and employment of lecturers.

Article 55.Tasks and rights of a lecturer

1. To give full and quality teaching according to training objectives and programs.

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

3. To regularly study and improve his/her political theory, professional qualifications and teaching methods.

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

5. To respect personality of learners, to fairly treat learners and protect their rights and legitimate 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. To sign contracts with higher education institutions or scientific research institutions to work as a visiting lecturer or to conduct scientific research in accordance with law.

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. To have other tasks and rights as provided by law.

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 speakers

1. Visiting lecturers in higher education institutions are provided in 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 speakers  who are domestic and foreign specialists, scientists, businesspersons and craftspersons.

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

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 college or 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. 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. To be facilitated in study, scientific and technological 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. To have other tasks and rights as provided by law.

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 provided in Articles 89, 90, 91 and 92 of 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 agreements signed with the Vietnamese State 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

FINANCE AND ASSETS OF HIGHER EDUCATION INSTITUTIONS

Article 64.Financial sources of higher education institutions

Financial sources of a higher education institution include:

1. State budget (if any);

2. Tuition fees and admission fees;

3. Revenues from training cooperation, science and technology, production, business and service activities;

4. Funds, aid, gifts, presents and donations from domestic and foreign individuals and organizations;

5. Investment of domestic and foreign organizations and individuals;

6. Other lawful revenues in accordance with law.

Article 65.Tuition fees and admission fees

1. Tuition fees and admission fees are amounts payable by learners to higher education institutions to cover training expenses.

2. The Government shall stipulate contents and methods of setting tuition fees, admission fees, and brackets of tuition fees and admission fees for public higher education institutions.

3. Public higher education institutions may take the initiative in setting and deciding on tuition fees and admission fees within the brackets of tuition fees and admission fees stipulated by the Government.

4. Private and foreign-invested higher education institutions may take the initiative in setting and deciding on their tuition fees and admission fees in accordance with law.

5. Tuition fees and admission fees must be publicly notified at the time of notification of enrollment.

6. Higher education institutions providing high quality training programs may collect tuition fees corresponding to their training quality.

The Minister of Education and Training shall provide indicators of high quality training programs; and manage and supervise the collection of tuition fees corresponding to training quality.

Article 66.Financial management by higher education institutions

1. Higher education institutions shall implement regulations on finance, accounting, audit, taxes and financial publicity in accordance with law.

2. State-funded higher education institutions that are assigned tasks associated with state budget funds shall manage and use those state budget funds under the State Budget Law.

3. The difference between revenues from and expenses for training and scientific and technological activities of a private higher education institution shall be used as follows:

a/ At least 25% of this difference must be used for development of the higher education institution, educational activities, building of physical foundations, purchase of equipment, training and retraining of lecturers, public employees and education administrators, and learning and living activities of learners or for charity purposes or fulfillment of social responsibilities. This amount is tax free;

b/ The remaining amount, if distributed to its investors and employees, is liable to taxes in accordance with the tax laws.

4. The value of assets accumulated during the operation of a private higher education institution and the value of assets financed, donated or granted to the higher education institution are common assets which may not be divided and must be managed under the principle of preservation and development.

5. The withdrawal and transfer of capital from private higher education institutions comply with the Prime Minister’s regulations, ensuring stability and development of higher education institutions.

6. The Government shall stipulate the methods and criteria for allocation of state budget funds to higher education institutions and finance of foreign-invested higher education institutions in educational activities.

7. The Ministry of Education and Training, ministries, ministerial-level agencies and provincial-level People’s Committees shall examine and inspect higher education institutions in properly managing and using their financial sources.

Article 67.Management and use of assets of higher education institutions

1. Higher education institutions shall manage and use assets formed from the state budget in accordance with the law on management and use of state assets; and are autonomous and accountable for managing and using assets formed from non-state budget sources.

2. Assets and land assigned by the State to private higher education institutions for management and assets financed, donated and granted to private higher education institutions must be used for proper purposes and may neither have their use purpose changed nor come under private ownership in any forms.

3. Assets of foreign-invested higher education institutions are entitled to state protection under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

4. The Ministry of Education and Training, ministries, ministerial-level agencies and provincial-level People’s Committees shall examine and inspect higher education institutions in managing and using state assets under the Government’s regulations.

Chapter XI

STATE MANAGEMENT OF HIGHER EDUCATION

Article 68.State management of higher education

1. To elaborate, and direct the implementation of, higher education development strategies, master plans, plans and policies.

2. To promulgate and organize the implementation of legal documents on higher education.

3. To provide volumes and structures of training programs, minimum output requirements of graduates; criteria for lecturers; criteria for physical foundations and equipment of higher education institutions; compilation, publication, printing and distribution of course books and teaching materials; and regulations on exams and grant of diplomas and certificates.

4. To manage higher education quality assurance; to provide criteria for assessment of higher education quality, national standards on higher education institutions; standards on training programs of all higher education levels and minimum requirements for training program implementation, and process and cycle for education quality accreditation, to perform the state management of higher education quality accreditation.

5. To make statistics and information on the organization and operations of higher education.

6. To organize the higher education management apparatus.

7. To organize and direct the training, retraining and management of higher education lecturers and administrators.

8. To mobilize, manage and use resources for higher education development.

9. To organize and manage scientific and technological research and application and production and business in higher education.

10. To organize and manage international cooperation on higher education.

11. To stipulate the award of honorary titles to persons with great contributions to higher education.

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

Article 69.State management agencies of higher education

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

2. The Ministry of Education and Training shall take responsibility before the Government for performing the state management of higher education.

3. Ministries and ministerial-level agencies shall coordinate with the Ministry of Education and Training in performing the state management of higher education according to their competence.

4. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management of higher education as decentralized by the Government; examine law observance by higher education institutions in their localities; socialize higher education; and meet requirements of scale expansion and quality and effectiveness improvement of higher education 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

Article 72.Effect

This Law takes effect on January 1, 2013.

Article 73.Implementation detailing and guidance

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

This Law was passed on June 18, 2012, by the XIIIthNational Assembly of the Socialist Republic of Vietnam at its 3rdsession.-

Chairman of the National Assembly
NGUYEN SINH HUNG