THEPRESIDENT
No. 13/2018/L-CTN | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness Hanoi, December 3, 2018 |
Order
On the promulgation of law
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 80 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law Amending and Supplementing a Number of Articles of the Law on Higher Education,
which was passed on November 19, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.
President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG
THE NATIONALASSEMBLY | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 34/2018/QH14 | | |
LAW
Amending and Supplementing a Number of Articles of the Law on Higher Education[1]
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 08/2012/QH13 on Higher Education, which has a number of its articles amended and supplemented under Law No. 32/2013/QH13, Law No. 74/2014/QH13, and Law No. 97/2015/QH13.
Article 1.To amend and supplement a number of articles of the Law on Higher Education
1. To amend and supplement Article 2 as follows:
“Article 2.Subjects of application
1. This Law applies to higher education institutions and organizations and persons engaged in higher education.
2. Academies and institutes which are established by the Prime Minister in accordance with the Law on Science and Technology and licensed to provide doctoral training shall carry out enrolment and training activities in accordance with this Law.”.
2. To amend and supplement Article 4 as follows:
“Article 4.Interpretation of terms
In this Law, the terms below are construed as follows:
1.Higher education institutionmeans an education institution within the national education system which performs the functions of providing training at different higher education levels and carrying out science and technology activities serving the community.
2.University, academy(below referred collectively to as university) means a higher education institution which carries out multidisciplinary training and research activities and is organized in accordance with this Law.
3.General universitymeans a higher education institution which carries out training and research activities in multiple fields and is organized in accordance with this Law; constituent units of a general university jointly perform their common objectives, missions and tasks in a unified manner.
4. Member unitmeans a university or research institute with the legal person status which is established by the Prime Minister or under the permission of the Prime Minister in accordance with law; and enjoys autonomy in its organization and operation in accordance with law and the organization and operation regulation of the general university of which it is a member.
5.Attached unitmeans a unit with the legal person status of a higher education institution which is established under a decision of the council of the university or general university; and is organized and operates in accordance with law and the organization and operation regulation of the higher education institution.
6.Dependent unitmeans a unit without the legal person status of a higher education institution which is established under decision of the council of the university or general university and is organized and operates in accordance with the organization and operation regulation of the higher education institution and in compliance with law.
7.Schoolmeans a training unit of a higher education institution which is established under decision of the council of the university or general university according to the Government’s regulations and is organized and operates in accordance with the organization and operation regulation of the higher education institution.
8.Disciplinemeans a combination of professional knowledge and skills within the scope of vocational or science and technology activities; disciplines shall be listed and categorized by the Ministry of Education and Training.
9.Specializationmeans an independent part of specialized professional knowledge and skills of a discipline; specializations shall be decided by higher education institutions.
10.Fieldmeans a combination of groups of disciplines which share common contents in professional knowledge and skills within the scope of vocational or scientific and technological activities; fields shall be listed and categorized by the Prime Minister.
11.Autonomymeans a higher education institution’s right to determine their objectives and select methods of achieving these objectives; to decide on and take accountability for its professional and academic activities, organization and personnel work, finances, assets, and other activities in accordance with law and on the basis of its capabilities.
12.Accountabilitymeans a higher education institution’s responsibility to report and transparentize information to learners, the society, competent management agencies, its owners and stakeholders about its observance of law and compliance with internal regulations and commitments.”.
3. To amend and supplement Article 6 as follows:
“Article 6. Training levels and forms of higher education
1. Training levels of higher education include bachelor’s level, master’s level and doctor’s level.
2. Forms of training for grant of diplomas of different levels of higher education include formal training, in-service training, and distance training. The shift among forms of training must comply with the principle of transferability.
3. Higher education institutions may provide continuing education and short-term training and re-training with grant of certificates relevant to their training disciplines and fields in accordance with law in order to meet learners’ lifetime learning needs.
4. The Government shall prescribe training levels for a number of particular specialized training disciplines.”.
4. To amend and supplement Article 7 as follows:
“Article 7.Higher education institutions
1. Higher education institutions have the legal person status, including general universities, universities, and higher education institutions bearing other names in compliance with law.
National universities and regional universities are general universities which perform national strategic tasks and regional development tasks.
2. Types of higher education institution include:
a/ Public higher education institution, in which the State invests funds, ensures operation conditions and acts as the owner’s representative;
b/ Private higher education institution, in which a domestic or foreign investor(s) invest(s) funds and ensure(s) operation conditions.
A not-for-profit private higher education institution is the one whose investor(s) has/have pledged that it will operate for not for profit purposes and such pledge is stated in the decision permitting the establishment of the institution or the decision on transformation of the institution; the investor(s) operate(s) for not for profit purposes and neither withdraw(s) funds nor receive(s) dividends; annually accumulated earnings will belong to indivisible common ownership by integration and be used for further investment in the development of the institution.
Only private higher education institutions may be transformed into not-for-profit private higher education institutions.
3. Higher education institutions of all types are equal before law.
4. Based on their capabilities and socio-economic development requirements, higher education institutions shall determine their development objectives and operation orientations as follows:
a/ Research-oriented higher education institutions;
b/ Application-oriented higher education institutions.
5. The Government shall specify the recognition of research-oriented higher education institutions on the basis of their training and research outcomes; transformation of universities into general universities; association of universities to form a general university; transformation of private higher education institutions into not-for-profit ones; principles of naming and renaming higher education institutions; and organization and operation of higher education institutions established under agreements between the Government of the Socialist Republic of Vietnam and foreign signatories.”.
5. To amend and supplement Article 9 as follows:
“Article 9. Ranking of higher education institutions
1. The ranking of higher education institutions aims to assess their prestige, quality and performance effectiveness according to certain criteria to meet information demands of related individuals and organizations.
2. Higher education institutions may proactively select and participate in prestigious domestic and international rankings.
3. Vietnamese non-commercial legal persons may perform the ranking of high education institutions, shall ensure honesty, objectivity and transparency and publicize and explain their ranking methods, criteria and results.”.
6. To amend and supplement Article 11 as follows:
“Article 11. Master plan on the higher education institution network
1. The formulation of the master plan on the higher education institution network must ensure effective use of resources; build harmony between the systems of public and private higher education; develop not-for-profit private higher education institutions; and create mechanisms for formation of large general universities and university centers of the country to meet the people’s learning needs, accomplish sustainable development objectives, and serve the cause of national industrialization and modernization and international integration.
2. The master plan on the higher education institution network must comply with the Planning Law and have following contents:
a/ Identifying development objectives and orientations of the higher education system;
b/ Promulgating standards on higher education institutions serving the implementation of the master plan;
c/ Arranging space and allocating resources for developing the higher education institution network and improving training quality in conformity with the objectives of training high-quality human resources and developing key economic regions and regions with extremely difficult socio-economic conditions.
3. The formulation, appraisal, approval, promulgation, adjustment and implementation of the master plan on the higher education institution network must comply with the law on planning and other relevant laws.”.
7. To amend and supplement Article 12 as follows:
“Article 12. State policies on higher education development
1. To develop higher education development in order to train high-qualification human resources, thus meeting requirements for socio-economic development and national defense and security assurance.
2. To allocate budget funds and resources for higher education on the principles of competitiveness, fairness and effectiveness through spending on investment and research and development activities, placing orders for research and training, granting scholarships and student credits, and in other forms.
To introduce land, tax and credit priorities and incentives and other policies for higher education development.
3. To prioritize investment capital to develop a number of higher education institutions and training disciplines up to regional and international levels and high-quality teacher training institutions; to develop a number of particular disciplines and higher education institutions capable of performing national strategic tasks and regional development tasks.
To encourage the restructuring and merger of universities to form large general universities; and application of technologies in higher education.
4. To socialize higher education, encourage the development of private higher education institutions, giving priority to not-for-profit ones; to adopt incentive policies toward organizations, enterprises and individuals that invest in education and training and science and technology activities in higher education institutions; to adopt tax exemption and reduction policies for assets donated or supported to higher education, grant of scholarships and participation in student credit programs.
5. To adopt synchronous policies to ensure that higher education institutions’ autonomy is combined with their accountability.
6. To link training with labor demands in the market and science and technology research and application; to boost cooperation between higher education institutions and enterprises and science and technology organizations; to adopt tax incentive policies for science and technology products of higher education institutions; to encourage agencies, organizations and enterprises to receive and create conditions for learners and lecturers to practice, work as probationers and conduct scientific research and technology transfer, thus contributing to raising training quality.
7. To attract, employ and offer satisfactory treatment so as to improve the quality of lecturers; to attach importance to developing the contingent of doctor’s degree holders and leading professors working at higher education institutions.
8. To prioritize social policy beneficiaries, ethnic minority people, inhabitants in areas with extremely difficult socio-economic conditions, and learners of particular disciplines in order to meet human resource demands for socio-economic development; to practice gender equality in higher education.
9. To encourage and boost international cooperation and integration in order to develop Vietnam’s higher education up to regional and world levels.”.
8. To amend and supplement Article 14 as follows:
“Article 14.Organizational structure of universities
1. The organizational structure of a university comprises:
a/ The council of the university or council of the academy (below referred collectively to as council of the university);
b/ The rector of the university or director of the academy (below referred collectively to as rector of the university); vice rectors of the university or deputy directors of the academy (below referred collectively to as vice rectors of the university);
c/ The science and training board; other board(s) (if any);
d/ Faculties, functional divisions, library, science and technology organization, and other organizations serving training activities;
dd/ Schools, branches, research institutes, service establishments, enterprises, business establishments and other units (if any) according to requirements for development of the university.
2. The organizational structure of a specific university, the relations and degree of autonomy of its dependent units and attached units shall be prescribed in the organization and operation regulation of such university.”.
9. To amend and supplement Article 15 as follows:
“Article 15. Organizational structure of general universities
1. The organizational structure of a general university comprises:
a/ The council of the general university.
b/ Director, deputy directors of the general university.
c/ The science and training board; other boards (if any);
d/ Member universities, research institutes (if any); schools, functional departments, science and technology organizations, libraries and other organizations serving training activities;
dd/ Faculties, branches, research institutes, centers, service establishments, enterprises, business establishments and other units (if any) according to requirements for development of the general university.
2. The organizational structure of a specific general university, the relations and degree of autonomy of its member units, dependent units and attached units shall be prescribed in the organization and operation regulation of such general university.”
10. To amend and supplement Article 16 as follows:
“Article 16. Councils of public universities
1. The council of a public university is an administration organization exercising the right to represent the owner and parties with related interests.
2. The council of a public university has the following tasks and powers:
a/ To decide on development strategies and plans and annual plans of the university; the policy on development of the university into a general university or merger with another university;
b/ To issue the university’s organization and operation regulation, financial regulation and grassroots democracy regulation in compliance with this Law and other relevant laws;
c/ To decide on orientations for enrolment, discipline opening, training and joint training, science and technology activities, and international cooperation; policies on higher education quality assurance and cooperation between the university and enterprises and employers;
d/ To decide on the organizational structures, staff structures, establishment, merger, division, splitting and dissolution of units of the university; to issue the list of working positions and criteria on and working conditions of each position; to prescribe the recruitment, employment and management of cadres, lecturers, civil servants and employees in compliance with law;
dd/ To decide and propose competent management agencies to issue decisions on recognition, relief from duty and removal from office of the rector of the university; to appoint, relieve from duty and remove from office deputy rectors of the university at the proposal of the rector; to decide on other managerial titles prescribed in the university’s organization and operation regulation; to organize the assessment of annual performance effectiveness of the chairperson of the council and the rector of the university; to organize mid-term or unscheduled votes of confidence on the chairperson of the council and the rector of the university according to the organization and operation regulation of the university;
e/ To decide on policies to attract capital sources for investment in the development of the university; and policies on tuition fees and supports for learners; to ratify financial plans; to approve annual financial statements and account finalization reports for lawful revenue sources of the university;
g/ To decide on policies on investment in and use of assets of great value which fall under the competence of the university as prescribed in the university’s organization and operation regulation; to decide on policies on wages, bonuses and other performance result-and-effectiveness-based benefits for leaders and managers and on other matters according to the university’s organization and operation regulation;
h/ To oversee the implementation of its decisions, observance of law and implementation of the democracy regulation in activities of the university and the discharge of accountability by the rector of the university; to oversee the management and use of finances and assets of the university; to annually report before the general meeting of the university on its oversight and operation results;
i/ To comply with law; to be held responsible before law, competent management agencies and related stakeholders for its decisions; to publicize and transparentize information and comply with reporting regulations; to be summit to inspection and examination of competent agencies; to discharge accountability within the scope of its responsibilities and powers; to be subject to supervision by the society and individuals and organizations in the university;
k/ To discharge other responsibilities and exercise other powers prescribed in the organization and operation regulation of the university.
3. The number of members and composition of the council of a public university and responsibilities of council members are prescribed as follows:
a/ The number of council members must be an odd number, at least 15, including internal members and external members;
b/ Internal members includeex officiomembers and members elected by the general meeting or representative meeting of the university.
Ex officiomembers include the Party Committee secretary, rector and trade union chairperson of the university and a representative of the Committee of the Ho Chi Minh Communist Youth Union who is a learner at the university.
Elected members include representatives of lecturers, who must account for at least 25% of the total number of council members; and representatives of civil servants and employees;
c/ External members must account for at least 30% of the total number of council members, including representatives of competent management agencies; representatives of communities elected by the general meeting or representative meeting of the university, who are leaders, managers, educators, cultural activists, scientists, entrepreneurs, ex-students, and representatives of employers;
d/ Council members shall perform and be held responsible for tasks of the council which are assigned to them by the council chairperson and other tasks in accordance with law and the university’s organization and operation regulation; to attend all meetings of the council and be held responsible for performance of their tasks and exercise of their powers.
4. Criteria and election, responsibilities and powers of the chairperson of the council of a public university are prescribed as follows:
a/ The chairperson of the council of a public university must possess political and moral qualities; be prestigious, have experiences in higher education administration, and be physically fit for performing his/her tasks; the eligible age for holding the title of chairperson of the council of a public university must comply with law;
b/ The chairperson of the council of a public university shall be elected by the council among its members by majority vote through secret ballots and recognized by a decision of a competent management agency; in case an external member is elected as council chairperson, he/she must become a permanent official of the university; the council chairperson must not concurrently hold any managerial post in the university;
c/ The chairperson of the council of a public university has the responsibilities and powers to direct and organize the performance of tasks and exercise of powers by the council; to direct the formulation of annual operation programs and plans; to direct the organization of, and preside over meetings of the council; to sign documents issued by the council; to use the organizational apparatus and seal of the university to operate within the scope of the council’s functions and tasks; to perform tasks of a council member and other tasks and exercise other powers in accordance with law and the university’s organization and operation regulation;
d/ To be held responsible for the performance of his/her tasks and exercise of his/her powers.
5. The list of members, term of office and working principles of the council of a public university are prescribed as follows:
a/ The list of council members, including the chairperson and other members, shall be posted on the website of the university after being recognized by a competent management agency;
b/ The term of office of the council of a public university is 5 years. The council shall hold regular meetings at least once every 3 months and irregular meetings at the request of the council chairperson or the rector of the university or at least one-third of the council members. A meeting shall be considered valid if it is attended by more than 50% of the council members, of whom some are external members;
c/ The council of a public university shall work on the collegial principle and make decision by majority, except cases in which the university’s organization and operation regulation provides a higher percentage of votes; decisions of the council shall be displayed in the form of resolution.
6. The council of a public university shall be prescribed in the organization and operation regulation of the university with at least the following details:
a/ Criteria, number of terms of office of, and authorization by the council chairperson;
b/ Criteria, tasks, powers, and procedures for election and relief from duty of deputy chairpersons (if any) and secretary of the council;
c/ The number of members and composition of the council; addition and replacement of members; forms of the council’s decision on each type of operation;
d/ The procedures for the council to decide on the person to be appointed as the rector of the university, the making of decision on other managerial titles of the university; grounds and procedures for proposing the removal from office or relief from duty of the rector of the university; the number of deputy rectors; the maximum time period during which a person may hold the post of rector, deputy rector and other managerial titles in the university;
dd/ Operating funds, standing body, control body and assisting apparatus of the council; procedures and composition of the general meeting or representative meeting of the university;
e/ Identification of responsibilities and powers between the council and rector of the university;
g/ Other contents according to requirements for organization and operation of the council.
7. The council of a public university being member of a general university must comply with this Article and the organization and operation regulation of the general university.
8. The Government shall prescribed in detail the order and procedures for establishment and recognition of councils of public universities; the recognition, removal from office, and relief from duty of council chairpersons and removal from office and relief from duty of other council members; and organization of councils of higher education institutions under the Ministry of Public Security and the Ministry of National Defense.”.
11. To add Article 16a following Article 16:
“Article 16a. Investors
1. Investors are domestic or foreign organizations or individuals that make investment to establish private higher education institutions or not-for-profit private higher education institutions, using non-state budget funds.
2. Investors of a higher education institution have the following responsibilities and powers:
a/ To approve strategies and plans on development of the higher education institution, plans on development of the university into a general university or merger of the university with others at the proposal of the council of the higher education institution;
b/ To decide on the total capital contributions of investors, investment projects on development of the higher education institution, mobilization of investment capital (if any); plans on use of differences between annual revenues and expenditures or plans on handling of losses of the higher education institution; to approve annual financial statements of the higher education institution;
c/ To elect or appoint, remove from office, and relieve from duty elected members of the council of the higher education institution; to approve criteria on, and person to be elected to the post of rector of the university or director of the general university at the proposal of the council of the higher education institution;
d/ To organize supervision and assessment of operation of the council of the higher education institution;
dd/ To issue, amend and supplement the financial regulation of the higher education institution; to approve contents concerning finances and assets in the organization and operation regulation of the higher education institution and policies on wages, bonuses and other benefits of managers in the higher education institution;
e/ To contribute funds fully and timely and supervise the contribution of funds to the higher education institution strictly according to the scheme on establishment of the higher education institution;
g/ To form a control board to examine and supervise management and administration activities of the council, rector and deputy rectors of the university or the council, director and deputy directors of the general university, and units of the higher education institution; the procedures for establishment and composition, tasks, and powers of control boards must comply with the Law on Enterprises and other relevant laws;
h/ To consider and handle violations of the council of the higher education institution which cause damage to the institution in accordance with law and the organization and operation regulation of the higher education institution;
i/ To decide on the reorganization and dissolution of the higher education institution in accordance with law;
k/ To publicize the list of organizations and individuals contributing investment capital to the higher education institution on the website of the institution;
l/ Other responsibilities and powers in accordance with the Law on Investment and other relevant laws;
m/ Investors establishing not-for-profit higher education institutions shall be rewarded for contribution of investment capital to establish, build and develop higher education institutions.
3. Investors establishing a higher education institution may opt for one of the following methods:
a/ Making investment to establish an economic institution in accordance with the Law on Investment and the Law on Enterprises for such economic institution to establish a private higher education institution in accordance with this Law;
b/ Making direct investment to establish a private higher education institution in accordance with this Law. In this case, the organization and operation regulation of the higher education institution must specify investors’ conferences and methods of operation of investors; the selection of the law applicable to limited liability companies or the law applicable to social funds to deal with the higher education institution’s matters not yet specified in this Law; responsibilities and powers of investors and the control board in compliance with regulations applicable to limited liability companies or social funds as selected.”.
12. To amend and supplement Article 17 as follows:
“Article 17. Councils of private universities and not-for-profit private universities
1. The council of a private university or not-for-profit private university is an administration organization representing the investor(s) and parties with related interests.
2. The council of a private university or not-for-profit private university shall discharge the responsibilities and exercise the powers prescribed in Clause 2, Article 16 of this Law, except the responsibilities and powers of investors prescribed in Clause 2, Article 16a of this Law; and may directly appoint, remove from office or relieve from duty the rector of the university according to the organization and operation regulation of the higher education institution.
3. The council of a private university or not-for-profit private university must have an odd number of members and be structured as follows:
a/ The council of a private university shall be composed of representatives of investors and internal and external members who are elected or decided by investors according to their capital contribution proportions;
b/ The council of a not-for-profit private university must consist of representatives of investors who are elected or decided by investors according to their capital contribution proportions and internal and external members of the university.
Internal members of the university includeex officiomembers and members elected by the general meeting or representative meeting of the university.Ex officiomembers include the Party Committee secretary, rector and trade union chairperson of the university, and a representative of the Committee of the Ho Chi Minh Communist Youth Union who is a learner at the university. Elected members include representatives of lecturers and laborers of the university.
External members shall be elected by the university’s general meeting or representative meeting, including leaders, managers, educators, cultural activists, scientists, entrepreneurs, ex-students, and representatives of employers.
4. Criteria, and election and responsibilities of the chairperson of the university council; the list of members, term of office and working principles of the council of a private university or not-for-profit private university are prescribed as follows:
a/ The chairperson of the council must be a permanent or part-time official of the university as prescribed in the organization and operation regulation of the university, elected by the council and recognized by the investors’ conference or the owner of the university;
b/ The rector of the university may attend and give opinions at meetings of the council of the university and vote only if he/she is a member of the council;
c/ In case the council chairperson is the at-law representative of the university or performs the tasks and exercises the powers prescribed at Point b, Clause 3, Article 20 of this Law, he/she must meet the criteria applicable to rectors of universities; and shall bear responsibility for the performance of his/her tasks and exercise of his/her powers;
d/ The regulations in Clauses 4 and 5, Article 16 of this Law.
5. The organization and operation regulation of a private university or not-for-profit private university must cover the contents prescribed in Clause 6, Article 16 of this Law and prescribe the rate of representatives of investors to the total number of members of the university council.
6. The Government shall specify procedures for establishment and recognition of councils of private and not-for-profit private universities and recognition, removal from office or relief from duty of council chairpersons.”.
13. To amend and supplement Article 18 as follows:
“Article 18. Councils of general universities
1. The council of a public general university has the following tasks and powers:
a/ To decide on development strategies and plans and annual plans of the general university, admission of new members, and reorganization of the general university in accordance with law;
b/ To issue the general university’s organization and operation regulation, financial regulation and grassroots democracy regulation, except the cases prescribed in Clause 2, Article 29 of this Law, in compliance with this Law and other relevant laws;
c/ To decide on orientations for training, science and technology activities, international cooperation, and education quality assurance;
d/ To decide on the organizational structure and member units of the general university; and criteria on chairperson, deputy chairperson (if any) and members of the council and director and deputy director of the general university; to decide and propose competent management agencies to issue decisions on recognition, removal from office and relief from duty of the director of the general university; appoint, remove from office and relieve from duty of deputy directors of the general university at the proposal of the director, except the case prescribed in Clause 3, Article 8 of this Law; decide on managerial titles of dependent units and attached units of the general university prescribed in its organization and operation regulation; organize assessment of annual performance effectiveness of the chairperson of the council and the director of the general university; hold mid-term or unscheduled votes of confidence on the chairperson of the council and the director of the general university;
dd/ To decide on policies on investment in and construction of physical foundations and common-use resources of the general university and policies on mobilization of investment resources for development of the general university; to decide on policies on investment in and use of high-value assets falling under the competence of the general university according to its organization and operation regulation; to prescribe policies on wages, bonuses and other performance result-and-effectiveness-based benefits for managers of dependent units and attached units of the general university; to adopt policies on tuition fees and supports for learners; to endorse financial plans and approve annual financial statements and account finalization reports of lawful revenue sources of the general university;
e/ To oversee the implementation of decisions of the council of the general university on implementation of the democracy regulation in operation of the general university and the discharge of accountability of the director of the general university; to oversee the management and use of finances and assets of the general university; to annually report before the general university’s general meeting on its oversight and operation results;
g/ To comply with law; to be held responsible before law and competent management agencies and related parties about its decisions; to publicize and transparentize information, comply with reporting regulations, be summit to inspection and examination of competent agencies, and discharge accountability within the scope of its responsibilities and powers; to be subject to supervision by the society, individuals and organizations within the general university;
h/ To discharge other responsibilities and exercise other powers prescribed in the general university’s organization and operation regulation; and other tasks and powers toward dependent units and attached units prescribed in Clause 2, Article 16 of this Law.
2. The council of a private general university shall discharge the responsibilities and exercise the powers prescribed in Clause 1 of this Article, except the responsibilities and powers of investors prescribed in Clause 2, Article 16a of this Law; and may directly appoint, remove from office and relieve from duty the director of the general university according to the general university’s organization and operation regulation.
3. The number of members of the council of a general university must be an odd number; the composition and responsibilities of the council are prescribed as follows:
a/ The council of a public general university shall be composed of internal and external members.
Internal members include the Party Committee secretary and director of the general university, trade union chairperson, and a representative of the Committee of the Ho Chi Minh Communist Youth Union who is a learner at the general university; chairpersons of councils of member units (if any) or heads of member units in cases member units do not have university councils; representatives of lecturers, public employees and laborers of the general university who are elected by the general university’s representative meeting.
External members must account for at least 30% of the total number of members of the council of the general university, including representatives of competent management agencies; representatives of external members elected by the general university’s representative meeting who are leaders, managers, educators, cultural activists, scientists, entrepreneurs, ex-students, and representatives of employers;
b/ Members of the council of a private general university include representatives of investors and internal and external members who are elected or decided by the investors’ conference according to their capital contribution proportions;
c/ Members of the council of a not-for-profit general university include representatives of investors who are elected or decided by the investors according to their capital contribution proportions.
Internal members of a general university includeex officiomembers, including the Party Committee secretary, director and trade union chairperson of the university and a representative of the Committee of the Ho Chi Minh Communist Youth Union who is a learner at the general university, and other members elected by the general university’s representative meeting who are representatives of lecturers and laborers of the general university.
External members of a general university shall be elected by the general university’s representative meeting, including leaders, managers, educators, cultural activists, scientists, entrepreneurs, ex-students, and representatives of employers;
d/ Members of the council of a general university shall perform tasks of the council, tasks assigned by the council chairperson and other tasks in accordance with law and the general university’s organization and operation regulation; attend all meetings of the council and be held responsible before law for the performance of their tasks and exercise of their powers.
4. Criteria and election of the chairperson of the council of a public general university; list of members of the council of a public general university, term of office and working principles of the council of a public general university must comply with Clauses 4 and 5, Article 16 of this Law. Responsibilities of the chairperson of the council of a private general university, list of members of the council of a private general university, and term of office and working principles of the council of a private general university must comply with Clause 4, Article 17 of this Law.
5. The council of a general university shall be prescribed in the organization and operation regulation of the general university with at least the following details:
a/ Criteria on, number of terms of offices of and authorization by the chairperson of the council;
b/ Criteria on, tasks, powers; and procedures for election and relief from duty of deputy chairperson (if any) and secretary of the council;
c/ The number of members and composition of the council; addition and replacement of members; forms of the council’s decision on each type of operation;
d/ Procedures for the council to decide on the person to be elected to the post of director of the general university, the making of decisions on other managerial titles falling under the competence of the general university in the personnel appointment process; grounds and procedures for proposing the removal from office or relief from duty of the director of the general university; the number of persons holding the title of deputy head under the management of the general university; the maximum term of holding the posts of director and deputy director of the general university and other managerial titles in dependent units of the general university;
dd/ Operating funds, standing body, control body and assisting apparatus of the council, procedures and composition of the representative meeting of the general university and other provisions according to requirements for organization and operation of the council;
e/ Identification of other responsibilities and powers between the council and director of the general university; relations between the council of the general university and councils of member units, dependent units and autonomous attached units (if any) of the general university;
g/ Other contents according to requirements for organization and operation of the council.
6. The Government shall specify procedures for establishment and recognition of councils of general universities; recognition, removal from office and relief from duty of chairpersons and members of councils of general universities.”.
14. To amend and supplement Article 20 as follows:
“Article 20. Rectors of higher education institutions
1. The rector of a university or the director of a general university (below referred to as rector of higher education institution) is the person in charge of managing and administering the operation of the higher education institution in accordance with law and the organization and operation regulation of the higher education institution.
The rector of a public higher education institution shall be decided by the council of the higher education institution and recognized by competent management agencies; the rector of a private higher education institution or not-for profit private one shall be appointed under decision of the council of the higher education institution.
The term of office or appointment period of the rector of a higher education institution shall be decided by the council of the higher education institution corresponding to the term of office of the council.
2. Criteria of the rector of a higher education institution are prescribed as follows:
a/ Possessing good political and moral qualities; holding a doctor’s degree, being physically fit for performing his/her tasks, being scientifically prestigious and having experiences in higher education administration; the eligible age for holding the post of rector of public higher education institution must comply with law;
b/ Meeting specific criteria on rector of the higher education institution prescribed in its organization and operation regulation.
3. Tasks and powers of the rector of a higher education institution are prescribed as follows:
a/ To act as the at-law representative and account owner of the higher education institution, unless the higher education institution is private or not-for-profit private and its organization and operation regulation otherwise provides for;
b/ To organize professional and academic activities, organization and personnel work, finances- and asset-related activities, domestic and international cooperation and other activities in accordance with law, the organization and operation regulation of the higher education institution and decisions of its council;
c/ To submit documents to be issued by the council of the higher education institution after consulting related organizations, units and individuals within the higher education institution; to issue other regulations of the higher education institution according to its organization and operation regulation;
d/ To propose the council of the higher education institution to consider the appointment, removal from office or relief from duty of holders of managerial titles under its management; to appoint, remove from office and relieve from duty other managers in the higher education institution, to decide on investment projects according to the organization and operation regulation of the higher education institution;
dd/ Annually, to report before the council of the higher education institution on the results of task performance by the rector and management board of the institution and on its finances and assets; to publicize and transparentize information; to comply with reporting regulations and summit to the inspection and examination by competent agencies; to assume accountability within the scope of his/her tasks and powers;
e/ To perform other tasks and exercise other powers in accordance with law; to be held responsible before law, the council of the higher education institution and other stakeholders; to be subject to supervision by related individuals and organizations in the performance of tasks and exercise of powers as assigned.”.
15. To amend and supplement Article 21 as follows:
“Article 21. Branches of higher education institutions
1. Vietnam-based branches of Vietnamese higher education institutions are prescribed as follows:
a/ Vietnam-based branches of a Vietnamese higher education institution belong to the organizational structure of the institution, have no legal person status, and are established in provinces or centrally run cities other than the locality where the institution is headquartered in compliance with the master plan on the higher education institution network;
b/ Vietnam-based branches of a Vietnamese higher education institution shall perform part of the functions, tasks and powers of the higher education institution under the direction and administration of its rector; and report to provincial-level People’s Committees of the localities where they are based on activities subject to local management;
c/ Organizational structures and operation of Vietnam-based branches of a Vietnamese higher education institution must comply with the organization and operation regulation of the institution.
2. Vietnam-based branches of foreign higher education institutions are prescribed as follows:
a/ Vietnam-based branches of foreign higher education institutions are established and have operation conditions ensured by foreign higher education institutions;
b/ Vietnam-based branches of foreign higher education institutions shall operate under regulations applicable to private higher education institutions established in Vietnam by foreign investors.
3. Overseas branches of Vietnamese higher education institutions are prescribed as follows:
a/ Overseas branches of a Vietnamese higher education institution are established and have their operation conditions ensured by the Vietnamese higher education institution; the Vietnamese higher education institution shall report the establishment of overseas branches to the Ministry of Education and Training;
b/ Overseas branches of a Vietnamese higher education institution shall observe the host countries’ regulations on establishment and operation of branches of higher education institutions.
4. The Government shall specify the establishment and operation of Vietnam-based branches of higher education institutions.”.
16. To amend and supplement Point d, Clause 1, Article 22 as follows:
“d/ Foreign-invested higher education institutions must also meet other conditions prescribed by the Investment Law.”.
17. To amend and supplement Article 32 as follows:
“Article 32. Autonomy and accountability of higher education institutions
1. A higher education institution shall exercise autonomy and discharge accountability in accordance with law. Agencies, organizations and individuals shall respect and guarantee the autonomy of higher education institutions.
2. Conditions for exercise of autonomy by a higher education institution are prescribed as follows:
a/ The council of the higher education institution has been established; the higher education institution has been recognized by a lawful education quality accreditation institution as meeting quality standards applicable to higher education institutions;
b/ The higher education institution has issued, and organized the implementation of, its organization and operation regulation, financial regulation, and other internal management regulations, processes and rules; has adopted policies for ensuring quality up to the standards prescribed by the State;
c/ The autonomy and accountability are delegated to each unit and individual in the higher education institutions;
d/ Quality assurance conditions, accreditation results, post-graduation employment rates and other information are publicized in accordance with law.
3. Autonomy in academic and professional operation covers issuance and implementation of quality standards and policies; opening of disciplines, enrolment, training, science and technology activities, and domestic and international cooperation in compliance with law.
4. Autonomy in organization and personnel work covers issuance and implementation of internal regulations on the organizational structure and staff structure, list of working positions and criteria on and policies toward each position; recruitment, employment and dismissal of lecturers, civil servants and other employees; decision on administration and management personnel in higher education institutions in compliance with law.
5. Autonomy in finances and assets covers issuance and implementation of internal regulations on revenue sources, management and use of financial sources and finances; attraction of development investment capital; policies on tuition fees and scholarships for students and other policies in compliance with law.
6. Accountability of higher education institutions before owners, learners, the society, competent management agencies and stakeholders is prescribed as follows:
a/ To give explanations about the implementation of quality standards and policies, imposition and implementation of regulations by higher education institutions; to be held responsible before law for failure to implement operation quality assurance regulations and commitments;
b/ To publicize annual reports on operation result indicators on websites of higher education institutions; to implement regulations on regular and irregular reports to owners and competent management agencies;
c/ To give explanations about wages, bonuses and other benefits for leaders and managers of higher education institutions at conferences of officials, civil servants and employees; to perform audit of financial statements, annual account finalization reports, investments, and procurements; to give explanations about operation of higher education institutions before owners and competent management agencies;
d/ To publicize annual financial statements and other contents on their websites according to regulations of the Ministry of Education and Training;
dd/ To give explanations about other matters in other forms in accordance with law.
7. The Government shall specify the autonomy and accountability of higher education institutions.”.
18. To amend and supplement Article 33 as follows:
“Article 33.Opening of training disciplines
1. Conditions for a higher education institution to open training disciplines at bachelor’s, master’s and doctor’s degrees:
a/ The disciplines conform with human resource needs for socio-economic development of localities, regions, the country and of each sector, ensure international cooperation;
b/ The higher education institution meets conditions on the number, quality, qualifications and structure of permanent lecturers and scientists;
c/ The higher education institution has physical foundations, facilities, libraries and course books meeting teaching, learning and research requirements;
d/ The higher education institution has training programs as prescribed in Article 36 of this Law.
2. The Minister of Education and Training shall specify conditions for opening training disciplines; prescribe the order and procedures for opening and closing disciplines; and decide to permit higher education institutions not yet meeting the conditions for enjoying autonomy in opening training disciplines prescribed in Clause 3 of this Article to open disciplines and permit the opening of disciplines in the fields of health, teacher training, national defense and security.
3. Higher education institutions meeting the conditions prescribed in Clauses 1 and 2 of this Article and Clause 2, Article 32 of this Law may enjoy autonomy in opening training disciplines at bachelor’s level; after reaching quality accreditation standards for bachelor training programs, higher education institutions may enjoy autonomy in opening appropriate training disciplines at master’s level; after reaching quality accreditation standards for master training programs, higher education institutions may enjoy autonomy in opening appropriate training disciplines at doctor’s level, except for disciplines in the fields of health, teacher training, national defense and security; in case of opening new disciplines for training at master’s and doctor’s levels, higher education institutions may enjoy autonomy and shall comply with Clause 5 of this Article and this Law’s provisions on quality accreditation.
4. Higher education institutions that exercise autonomy in opening disciplines when not yet meeting the prescribed conditions shall be suspended from provision of training in these disciplines and may not enjoy autonomy in opening disciplines for 5 years, counting from the date competent state agencies make conclusion on their violations.
5. The quality of training programs shall be assessed before first-class students graduate; and be accredited in accordance with this Law right after first-class students graduate. In case of failure to perform assessment or accreditation or the assessment or accreditation results do not reach requirements, higher education institutions shall improve their training quality so as to reach output standards of the training programs and ensure benefits of learners; and may not organize enrollment for these disciplines until reaching quality accreditation standards.”.
19. To amend and supplement a number of clauses of Article 34 as follows:
a/ To amend and supplement Clause 1 as follows:
“1. Enrollment quotas are prescribed as follows:
a/ Enrollment quotas shall be determined by discipline and group of disciplines on the basis of labor demands in the market and socio-economic development requirements in conformity with conditions on the quantity and quality of higher education institutions’ lecturing staff, physical foundations and post-graduation employment rates and other quality assurance conditions;
b/ Higher education institutions may determine by themselves and shall publicize enrollment quotas, training quality, training quality assurance conditions, and post-graduation employment rates; and shall ensure output standards of the training programs they have publicized;
c/ Higher education institutions that violate regulations on enrollment subjects, conditions and quotas shall be handled in accordance with law and may not determine by themselves enrollment quotas for 5 years, counting from the date competent state agencies make conclusions about their violations.”;
b/ To amend and supplement Clause 3 as follows:
“3. The Minister of Education and Training shall promulgate the enrollment regulation and determine sources of enrollment to education training from high school graduates and college and intermediate degree holders; prescribe criteria, principles and process of determining enrollment quotas; determine enrollment quotas for teacher training disciplines and enrollment quotas of higher education institutions according to Point c, Clause 1 of this Article; and set minimum input quality assurance levels for teacher training disciplines and health disciplines involving grant of practice certificates.”.
20. To amend and supplement Article 35 as follow:
“Article 35. Training duration
1. The training duration shall be determined on the basis of the number of credits required for each training program and training level. The number of credits required for each level is prescribed in Vietnam’s national qualification framework. Rectors of higher education institutions shall decide on the number of credits to be accumulated for each training program and level in compliance with law.
2. The Prime Minister shall approve the framework structure of the national education system and Vietnam’s national qualification framework; and determine standard training periods for different higher education levels within the framework structure of the national education system.”.
21. To amend and supplement Points a, b and c, Clause 1, Article 36 as follows:
“a/ A training program covers objectives, volume of knowledge, training structure and contents, and assessment methods and forms for relevant subjects, discipline, and training level, and output standards in compliance with Vietnam’s national qualification framework.
b/ Training programs shall be formulated based on credits, including research-oriented, application-oriented, job-oriented programs, and must ensure transferability among training levels and disciplines and meet regulations on training program standards;
c/ Higher education institutions may use training programs of foreign higher education institutions which are permitted for use for training and grant of diplomas by competent authorities of host countries or have valid quality accreditation certificates issued by lawful quality accreditation institutions; and must comply with the law on intellectual property;”.
22. To amend and supplement Article 37 as follows:
“Article 37. Organization and management of training
1. Higher education institutions shall organize and manage training activities by credit, academic year or credit-combined-academic year.
2. Higher education institutions may only conduct joint training at bachelor’s level with other higher education institutions, colleges, professional secondary schools, provincial-level continuing education centers, and staff training institutions of state agencies, political organizations, socio-political organizations or people’s armed forces provided that their partners meet the training programs’ requirements on the pedagogic environment, physical foundations, facilities, libraries and administrators; and they may not conduct joint training in health disciplines involving grant of practice certificates.
3. Higher education institutions shall cooperate with enterprises and employing units in using specialists, physical foundations and facilities in organizing practice lessons and probation so as to improve students’ practice skills and probation and career opportunities for students.
4. Higher education institutions in localities shall, based on the needs of localities and recommendations of provincial-level People’s Committees, provide continuing education, vocational education and higher education programs; provide training courses which are transferable among intermediate, college and bachelor’s levels; and provide transitional training for other universities.
5. The Minister of Education and Training shall promulgate the regulation on training at different levels of higher education.”.
23. To amend and supplement Article 38 as follows:
“Article 38. Diplomas of higher education
1. Diplomas of higher education within the national education system include bachelor’s diploma, master’s diploma, doctor’s diploma and diplomas of equivalent levels.
2. A learner who has completed a training program, reached the prescribed output standards of the training level, and accomplished all obligations and responsibilities of learners may obtain a diploma of the equivalent training level granted by the rector of the higher education institution.
3. Higher education institutions shall design and print blank diplomas and grant diplomas to learners, manage diplomas and certificates in accordance with law; and publicize diploma forms and information relating to the grant of diplomas to learners on their websites.
4. The Minister of Education and Training shall negotiate and sign or propose competent authorities to negotiate and sign treaties on recognition of diplomas with foreign countries, international organizations and other entities according to his/her competence.
5. The Minister of Education and Training shall specify contents of diplomas and diploma supplements; principles of printing blank diplomas and management, issuance, revocation and cancellation of diplomas of higher education; responsibilities and competence to grant diplomas of Vietnamese higher education institutions that conduct joint training with foreign higher education institutions; responsibilities of foreign-invested higher education institutions granting diplomas of higher education in Vietnam; and conditions, order and procedures for recognition of diplomas of higher education granted by foreign higher education institutions.
6. The Government shall promulgate the systems of diplomas of higher education and prescribe diplomas and certificates for a number of special intensive disciplines.”.
24. To amend and supplement Article 42 as follows:
“Article 42. Responsibilities of the State for science and technology development
1. The State shall concentrate investment in developing science and technology potential and adopt mechanisms and policies to encourage organizations and individuals to invest in developing science and technology potential and innovative startup eco systems at higher education institutions; prioritize the development of a number of disciplines and fields to reach research capacity up to regional and international levels.
2. The Government shall prescribe science and technology activities in higher education institutions.”.
25. To amend and supplement Article 45 as follows:
“Article 45. Joint training with foreign partners
1. Joint training with a foreign partners means the cooperation in training between a Vietnamese higher education institution and a foreign one in order to implement a training program and grant diplomas or certificates without forming a new legal person. Joint training with foreign partners must comply with the Law on Education and other relevant laws.
2. A joint training program may be a foreign program or a program jointly developed by both parties, which can be implemented wholly in Vietnam or partly in Vietnam and partly overseas.
3. In order to enter into joint training with Vietnamese higher education institutions, foreign higher education institutions must be prestigious ones which can ensure quality and possess permits for provision of training and grant of diplomas in the fields of joint training programs granted by competent authorities of their countries or valid education quality accreditation certificates issued by lawful education quality accreditation institutions. Joint training partners must meet conditions on physical foundations, facilities and lecturing staff as required by the training programs; and be held responsible for the quality of training programs.
4. The Minister of Education and Training shall approve schemes on joint training with foreign partners for teacher training disciplines and health disciplines after consulting related ministries and sectors; and joint training schemes of higher education institutions other than those prescribed in Clause 5 of this Article.
5. Higher education institutions meeting the conditions prescribed in this Article and Clause 2, Article 32 of this Law may enjoy autonomy in joint training at bachelor’s level; after their bachelor training programs reach quality accreditation standards, they may enjoy autonomy in joint training at master’s level; and after their master training programs reach quality accreditation standards, they may enjoy autonomy in joint training in appropriate disciplines at doctor’s level.
6. In case a joint training program with a foreign partner is suspended from enrollment or terminated due to failure to maintain the conditions provided in Clause 3 of this Article, the higher education institution shall guarantee lawful interests of its lecturers, employees and learners; refund tuition fees to learners, pay teaching remunerations and settle other benefits of lecturers and employees under signed labor contracts or the collective labor agreement and pay tax debts and other debts (if any).
7. Higher education institutions shall publicize information relating to joint training programs with foreign partners and the legality of foreign diplomas granted in the host countries and Vietnam on their websites and in the mass media; support learners in the course of recognition of higher education diplomas; and perform accreditation of joint programs implemented in Vietnam right after first-class students graduate and on a frequent basis as prescribed.
8. Higher education institutions that conduct joint training when not yet meeting all conditions as prescribed or violate education quality assurance conditions stated in their schemes on joint training with foreign partners shall be subject to suspension of joint training activities and may not enjoy autonomy in joint training with foreign partners for 5 years, counting from the date on which competent agencies make conclusions on their violations.”.
26. To amend and supplement Article 49 as follows:
“Article 49. Higher education quality assurance; objectives, principles and subjects of higher education quality accreditation
1. Higher education quality assurance is a constant, systematic process, covering policies, mechanisms, standards, processes and methods to maintain and improve higher education quality.
2. The higher education quality assurance system includes the internal quality assurance system and the external quality assurance system via the mechanism of higher education quality accreditation.
3. The Minister of Education and Training shall promulgate standard training programs for different levels of higher education and minimum requirements for implementation of training programs; and higher education quality assessment standards, and higher education accreditation processes and frequency.
4. Objectives of higher education quality accreditation are prescribed as follows:
a/ To ensure and raise higher education quality;
b/ To certify the level of fulfillment of objectives by higher education institutions or training programs in each certain period;
c/ To provide a basis for higher education institutions to explain their training quality to their owners, competent agencies, stakeholders and the society;
d/ To provide a basis for learners to select higher education institutions and training programs and for employers to recruit employees.
5. Principles of higher education quality accreditation are prescribed as follows:
a/ Independence, objectivity and lawfulness;
b/ Honesty, publicity and transparency;
c/ Fairness, compulsoriness and periodicity.
6. Subject to higher education quality accreditation are:
a/ Higher education institutions;
b/ Training programs of different levels of higher education.
27. To amend and supplement Article 50 as follows:
“Article 50. Responsibilities of higher education institutions for higher education quality assurance
1. To build and develop an internal system for education quality assurance in compliance with their missions, objectives and practical conditions.
2. To formulate policies and plans to assure higher education quality.
3. To self-assess, improve and raise training quality; to periodically register for accreditation of higher education institutions and their training programs.
In case a higher education institution fails to perform periodical accreditation of training programs or the training program accreditation result is unsatisfactory, it shall renovate training programs and improve training quality so as to ensure that leaners reach standard outputs of the training programs. After 2 years from the date its training quality accreditation certificate expires or the date the accreditation result is released, if the training program is not yet re-accredited or the re-accreditation result is unsatisfactory, the higher education institution shall stop enrolment for this program and take measures to ensure benefits of leaners.
4. To maintain and develop training quality assurance conditions, including lecturers, administrators and employees; training programs, course books and teaching and learning materials; classrooms, offices, laboratories, libraries, information technology systems, and practice facilities; financial sources, dormitories and other service establishments.
5. Annually, to report the results of fulfillment of higher education quality assurance objectives under their higher education quality assurance plans; publicize training quality assurance conditions, training, scientific research and community service outcomes, and quality assessment and accreditation results on the website of the Ministry of Education and Training and their own websites and in the mass media.”.
28. To amend and supplement Article 52 as follows:
”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 higher education quality standards.
Education quality accreditation institutions have the legal person status and are organizationally independent from state management agencies and higher education institutions and shall take responsibility before law for their higher education quality accreditation operations and results.
2. An education quality accreditation institution may be established when meeting all conditions and having an establishment plan in accordance with law; and may commence education quality accreditation operations when its physical foundations, facilities, finances and permanent accrediting staff meet requirements in accordance with law.
3. The Government shall prescribe the conditions and procedures for establishment and grant of permission for operation, and dissolution of education quality accreditation institutions; responsibilities and powers of education quality accreditation institutions; and conditions and procedures for foreign education quality accreditation institutions to be recognized and operate in Vietnam.
4. The Minister of Education and Training shall decide to establish, or permit the establishment of, education quality accreditation institutions; decide to permit and suspend the operation of and dissolve education quality accreditation institutions; decide to recognize, and revoke decisions on recognition of operation of, foreign education quality accreditation institutions in Vietnam; and prescribe the supervision and assessment of education quality accreditation institutions.”.
29. To amend and supplement Article 54 as follows:
“Article 54. Lecturers
1. A lecturer of a higher education institution must be a person with clear personal records; possess good moral qualities; be physically fit to perform his/her tasks; and possess qualifications meeting the requirements prescribed in this Law and the higher education institution’s organization and operation regulation.
2. Lecturer titles include assistant lecturer, lecturer, principal lecturer, associate professor and professor. Higher education institutions shall appoint holders of lecturer titles in accordance with law, its organization and operation regulation, regulations on working positions, and demands of the higher education institutions.
3. The minimum qualification for lecturer title holders who teach at bachelor’s level is master’s degree, except holders of the assistant lecturer title, the minimum qualification for lecturer title holders who teach at master’s or doctor’s level is doctor’s degree. Higher education institutions shall prioritize recruitment of persons possessing a doctor’s degree to work as lecturers; and develop and offer preferential treatment toward top professors to develop their training disciplines.
4. The Minister of Education and Training shall prescribe standards on and the appointment of lecturer title holders according to his/her competence; the minimum rate of permanent lecturers of higher education institutions; and prescribe standards on practice lecturers and lecturers of a number of particular intensive disciplines.”.
30. To amend and supplement a number of clauses of Article 55 as follows:
a/ To amend and supplement Clause 1 as follows:
“1. To give lectures, develop training programs, comply with and ensure the quality of training programs.”;
b/ To amend and supplement Clause 3 as follows:
“3. To study and improve his/her political theory, professional qualifications and teaching methods; to participate in practical activities to improve training and scientific research quality.”;
c/ To amend and supplement Clause 7 as follows:
“7. To be professionally independent in teaching and scientific research on the principle of conforming with the interests of the State and society; to sign visiting lecturer contracts and scientific research contracts with higher education institutions, scientific research institutions and other agencies and organizations according to regulations of the higher education institution he/she is working for.”;
d/ To amend and supplement Clause 9 as follows:
“9. To have other tasks and rights according to the higher education institution’s organization and operation regulation and other relevant laws.”.
31. To amend and supplement a number of clauses of Article 60 as follows:
a/ To amend and supplement Clause 4 as follows:
“4. To be respected and treated equally without discrimination against gender, ethnicity, religion and origin; to receive career orientations and adequate information on his/her study and practice.”;
b/ To amend and supplement Clause 5 as follows:
“5. To be facilitated in study, science, technology and start-up activities, skill-practicing and self-improvement activities, to participate in association and community service activities; and cultural, physical training and sports activities.”;
c/ To amend and supplement Clause 8 as follows:
“8. To have other tasks and powers according to the higher education institution’s organization and operation regulation and other relevant laws.”.
32. To amend and supplement Article 64 as follows:
“Article 64. Financial sources of higher education institutions
1. Revenues of a higher education institution include:
a/ Tuition fees and revenues from training and scientific and technological activities, revenues from other training support services;
b/ Revenues from the performance of orders of the State, organizations and individuals for training and science and technology activities; and the performance of tasks assigned by the State;
c/ Revenues from investment of domestic and foreign organizations and individuals; financial sources from annual operation results of the higher education institution;
d/ Revenues from business activities, community services and financial investment (if any) and other lawful sources;
dd/ Borrowed capital.
2. Donations, aid, gifts, presents and donations from ex-students and domestic and foreign individuals and organizations.
3. State budget allocations (if any).”.
33. To amend and supplement Article 65 as follows:
“Article 65. Tuition fees and service revenues
1. Tuition fee is a money amount payable by learners to higher education institutions to cover part or the whole of training expenses.
2. Public higher education institutions shall determine tuition fee rates as follows:
a/ Higher education institutions meeting the conditions prescribed in Clause 2, Article 32 of this Law and having all current expenditures covered by themselves may enjoy autonomy in the determination of tuition fee rates;
b/ Higher education institutions other than those prescribed at Point a of this Clause may determine tuition fee rates according to the Government’s regulations;
c/ The determination of tuition fee rates shall be based on techno-economic norms, following the roadmap for fully accounting all training expenses into tuition fees.
3. Private higher education institutions may enjoy autonomy in the determination of tuition fee rates.
4. The rates of recruitment fee and other service charges shall be determined on the principle of fully covering actual reasonable expenses.
5. Higher education institutions shall publicize training expenses, tuition fee rates and enrolment service charge rates and other service charge rates for each class and each academic year together with enrolment notices and post this information on their websites; and deduct part of revenues from tuition fees to support students with disadvantageous circumstances.”.
34. To amend and supplement Article 66 as follows:
“Article 66. Financial management by higher education institutions
1. Higher education institutions shall comply with financial, accounting, auditing, tax, asset valuation and financial publicity regimes prescribed by law.
2. Public higher education institutions shall themselves cover all their current expenditures; councils of higher education institutions shall decide on the use of financial sources as follows:
a/ To decide on the use of lawful sources other than the state budget for investment in training, scientific research and technology transfer projects;
b/ To decide on the contents and levels of spending from the sources of tuition fees and non-business revenues and revenues from placed orders and assigned tasks, covering also expenses for payment of salaries, professional operations and management expenses according to the internal spending regulations of higher education institutions.
3. Higher education institutions that are assigned tasks by the State and allocated state budget funds for the performance of these tasks shall manage and use these state budget funds in accordance with the law on management of public finances and public assets.
4. At least 25% of the difference between revenues from and expenditures for training and science and technology activities of a private higher education institution shall be used for investment in the development of the higher education institution, educational activities, building of physical foundations, purchase of equipment, training and retraining of lecturers, education administrators and employees, and activities serving learning and living activities of learners or fulfillment of social responsibilities. For a not-for-profit private higher education institution, the difference between revenues and expenditures which is annually accumulated is an indivisible common asset by integration of the institution’s community and shall be used for investment in the development of the higher education institution.
5. Annually, higher education institutions shall perform financial audits and publicization and the use of financial sources in accordance with law.
6. The Government shall specify Clause 2 of this Article, the degree of financial autonomy of public higher education institutions other than those prescribed in Clause 2 of this Article; the mechanism of assignment of tasks, placement of orders or bidding for provision of public services using state budget funds to be applied to higher education institutions; prescribe foreign cooperation and investment in higher education; withdrawal and transfer of capital invested in higher education institutions, ensuring the stability and development of higher education institutions.
7. The Ministry of Education and Training and competent agencies shall examine and inspect the management and use of financial sources by higher education institutions.”.
35. To amend and supplement Article 67 as follows:
“Article 67. Management and use of assets of higher education institutions
1. Assets of public higher education institutions shall be managed and used according to the principles of management and use of state assets. Higher education institutions may use public assets for investment, lease, joint venture or association in accordance with law for the purpose of higher education development, following the principle of conservation and development and conformity with the educational environment.
2. Assets of private higher education institutions and not-for-profit private higher education institutions shall be managed and used according to the following principles:
a/ State assets and land use rights assigned by the State shall be managed and used in accordance with the law on management and use of public assets and the land law; may not be transformed into private ownership in any forms. For other assets of the State, their use repurposing must comply with the principle of conservation and development; the land use repurposing must comply with the land law;
b/ Assets under indivisible common ownership by integration are assets which are financed, donated and presented to private higher education institutions and other assets which are prescribed by law as being under indivisible common ownership by integration and the ownership of the institutions and of which the councils of the institutions shall act as the representative in the management and use as prescribed by law or requested by the transferors of such assets (if any) for the purposes of development of the higher education institutions and public interests, following the principles of conservation and development; and may not be transformed into private ownership in any forms.
In case of transfer of capital of higher education institutions, assets under indivisible common ownership by integration are not included into the value of to-be-valuated assets of higher education institutions.
In case of dissolution of higher education institutions, assets under indivisible common ownership by integration shall be regarded as common assets of the community and shall be managed and used by competent state agencies for the purpose of higher education development;
c/ For assets not yet specified at Points a and b of this Clause, higher education institutions may themselves decide on the management, use and disposition of these assets and shall take responsibility in accordance with the Law on Enterprises and other relevant laws.
3. Assets of foreign-invested higher education institutions are entitled to state protection in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.
4. The Ministry of Education and Training and competent agencies shall examine and inspect the management and use of assets by higher education institutions in managing and using state assets in accordance with law.
36. To amend and supplement Article 68 as follows:
“Article 68. Responsibilities for state management of higher education of the Government, ministries and ministerial-level agencies
1. The Government shall perform the uniform state management of higher education.
2. The Ministry of Education and Training shall act as the focal point assigning the Government in performing the state management of higher education and has the following responsibilities:
a/ To promulgate, or propose competent agencies to promulgate, and organize the implementation of, legal documents on higher education; strategies, master plans and policies on higher education development in order to train high-quality human resources, meet requirements for socio-economic development and national defense and security assurance; recognition, establishment, grant of permission for establishment, dissolution, and grant of permission for dissolution of higher education institutions according to its competence;
b/ To establish higher education standards, including standards on higher education institutions; standards on training programs, standards on lecturers and administrators and other standards; to prescribe the formulation, appraisal and introduction of training programs at higher education levels; to issue the list of training disciplines of higher education, regulations on enrolment, training, testing and assessment and grant of diplomas and certificates in the national education system; to manage higher education quality assurance and accreditation;
c/ To build the national database on higher education, perform accreditation, assessment, management, supervision and provision of information to related individuals and organizations;
d/ To coordinate with related agencies and socio-professional organizations operating in the field of higher education to disseminate and educate about the law on higher education;
dd/ To organize the higher education management apparatus;
e/ To formulate mechanisms and regulations on mobilization, management and use of resources for higher education development;
g/ To manage scientific and technological research and application, production and business activities in the field of higher education;
h/ To manage international cooperation on higher education;
i/ To inspect, examine, and settle complaints and denunciations, and handle violations of the law on higher education.
3. Ministries and ministerial-level agencies shall study and forecast human resource needs in the sectors and fields under their management so as to support the formulation of training plans and coordinate with the Ministry of Education and Training in performing the state management of higher education within the ambit of their tasks and powers.”.
37. To amend and supplement Article 69 as follows:
“Article 69. Responsibilities of provincial-level People’s Committees for state management of higher education
Provincial-level People’s Committees shall perform the state management of higher education as decentralized by the Government; support the development of higher education institutions in their localities; examine law observance by higher education institutions in their localities; carry out socialization of higher education; and ensure improvement of higher education quality and effectiveness in their localities.”.
Article 2.To replace and remove some words and phrases in a number of articles and clauses of the Law on Higher Education
1. To replace the phrase “take the initiative” in Clause 2 of Article 8 with the word “autonomy”; the phrase “scientific research institutes” in Article 30 with the phrase “academies, institutes”; the phrase “take self-responsibility” at Point dd, Clause 1 of Article 36, Clause 4 of Article 41, and Article 53 with the phrase “assume accountability”; the phrase “agreements signed with the Vietnamese State” in Clause 1 of Article 63 with the phrase “treaties which the Socialist Republic of Vietnam is a contracting party”.
2. To remove the phrases “are established under decisions of rectors of universities, directors of academies or general universities,” and “for rectors or directors” in Clause 1 of Article 19; the phrase “socio-economic development master plans and” at Point a, Clause 1 of Article 22; the word “academies” in Articles 27 and 28; the phrase “science research institutes licensed for training at doctor’s level” in Clause 4 of Article 27; the words “Prime Minister” in Clause 1, Article 27 and Clause 2 of Article 48; the phrase “and master plans” in Clause 1 of Article 48; the phrase “Article 74 of” in Clause 1 of Article 57; and the phrase “in Articles 89, 90, 91 and 91” in Clause 1 of Article 62.
Article 3.Implementation provisions
This Law takes effect on July 1, 2019.
This Law was passed on November 19, 2018, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 6thsession.-
Chairwoman of the National Assembly
NGUYEN THI KIM NGAN
Vietnamese
Law 34/2018/QH14 DOC (Word)
Law 34/2018/QH14 PDF (Original)
