Chương I Luật giáo dục đại học 2012: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law specifies the organization, duties and authority of higher education institutions, the activities of training, science and technology, international cooperation, higher education quality assessment and assurance, the lecturers, the students, the higher education institutions property and finance, and the State management of higher education.

Article 2. Subjects of application

This Law is applicable to colleges, universities, academies, regional universities, national universities, scientific research institutes eligible for doctorate training, other organizations and individuals related to higher education.

Article 3. The application of the Law on Higher Education.

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

Article 4. Interpretation of terms

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

1. Formal education is the form of education in which full-time courses are provided at higher education institutions in order to implement a training program at a certain level of higher education.

2. Continuing education, including in-service training and distance learning, is the form of education in which the classes and courses are provided at higher education institutions or associate education facilities depending on the students’ demand in order to implement a college or university training program.

3. A training profession is a collection of knowledge and professional skills of a certain profession or science. A training profession includes various majors.

4. A majors is a collection of advanced professional skills and knowledge of a profession.

5. Transferring  in higher educationis a solution for training management by which the students may use their existing education results to study further in the same profession or when they shift to another profession or level.

6. The skill and knowledge standards of the training program is the minimum requirement for knowledge and skills that a student must obtain after completing the training program

7. Non-profit foreign-capitalized higher education institutions and private higher education institutions are higher education institutions of which the cumulative annual profit is not shared but to reinvest in the higher education institution development; the shareholders or contributors do not receive dividend or the dividend does not exceed the interest rate of the Government ‘s bonds.

8. Universities are higher education institutions including the colleges, universities, affiliated scientific research institutes belonging to different fields, separated into two levels for higher education.

Article 5. The target of higher education

1. General target:

a) Training human resources, enhancing people’s intelligence; doing science and technology researches in order to create knowledge and new products serving the socio-economic development, assure National defense and security and international integration;

b) Training students that possess political quality, ethics; possess knowledge and professional practical skills, possess capability of researching and applying science and technology corresponding to their grade; possess creativity, professional responsibility and adaptability to the working conditions; aware of 

2. Specific target of college education, university education, master’s and doctorate programs:

a) The college education provides students with the basic professional knowledge and proficient practical skills, the ability to understand the impacts of natural law principles on real life and the ability to solve the usual problems related to the trained profession;

b) The university education provides students with the comprehensive profession knowledge, thorough grasp of the natural – social law and principle, basic practical skill and the ability to work independently, creatively and solve the problems related to the trained profession;

c) The master’s program provides students with fundamental scientific knowledge and advanced research skills of a certain science or a certain profession, with the ability to work independently, creatively and the capability of detecting and solving the problems related to the trained profession;

d) The doctorate program provides the graduate students with advanced knowledge of theoretical and practical skills, with the ability to do researches independently and creatively in order to develop new knowledge, discover new natural—social laws and principles, solve new scientific and technological problems, guide the science research and professional activities.

Article 6. The levels and training forms of higher education

1. The levels of higher education include: college, university, master’s and doctorate.

The Minister of Education and Training shall cooperate with other Ministries and Heads of ministerial-level agencies to specify the training of practical skills and advanced application for the graduates in a number of special profession.

2. The levels of higher education are provided in 2 forms being formal education and continuing education.

Article 7. Higher education institutions

1. The higher education institutions in the national educational system include:

a) Colleges;

b) Universities, academies;

c) Local universities, national universities (hereinafter referred to as universities);

d) Scientific research institutes eligible of doctorate training.

2. The Vietnam’s higher education institutions are organized in the following forms:

a) State-owned public higher education institutions of which the facilities are invested and built by the State;

b) Private higher education institutions possessed by social organizations, socio-professional organizations, private economic organizations or individuals, invested and built by social organizations, socio-professional organizations, private economic organizations or individuals.

3. Higher education institutions invested by foreigners include:

a) Higher education institutions 100% invested by foreigners

b) Joint higher education institutions invested by foreigners and domestic investors.

Article 8. National universities

1. National universities are scientific and technological training and research centers of various professions, prioritized to develop by the State.

2. National universities have the initiative in the activities of training, doing scientific, financial, international relation research and organize their own structure. National universities are under the State management of the Ministry of Education and Training, or the Ministries and sectors, People’s Committees all levels where the national universities are located as prescribed by the Government and law provisions.

National universities are entitled to directly work with Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of central-affiliated cities and provinces to solve the issues related to the national universities. If necessary, the directors of national universities shall send reports to the Prime Minister on the issues related to the operation and development of national universities.

3. The council president, the director and deputy director of a national university is designated and discharged by the Prime Minister.

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

Article 9. Higher education institution classification

1. Higher education institutions are classified in order to serve the higher education institution network planning consistent with the socio-economic development requirements and the plan for developing and improving the capability of scientific research and training of the higher education institutions; perform the State management.

2. The higher education institutions are ranked in order to assess the prestige and quality, serving the State management and investment priority for the State budget.

3. The higher education institution are classified and ranked under the following criteria:

a) Their positions and roles in the higher education system;

b) Their scales, professions and training levels;

c) Their science, technology and training mechanism;

d) The quality of training and scientific research;

dd) The higher education quality assessment results.

4. The higher education institution are classified into

a) Higher education institutions towards research;

b) Higher education institutions towards application;

c) Higher education institutions towards practice;

5. The Government shall specify the standards of higher education institution classification; promulgate the higher education institution ranking bracket of each class and the standards of each rank in the bracket serving the State management and the priority of investment in higher education from the State budget.

The Prime Minister shall accredit the rankings of universities; the Minister of Education and Training shall accredit the rankings of colleges. Depending on the rankings, competent State management agencies shall make decisions on the plan of investment priority, the objectives and special management mechanism of the higher education institutions consistent with the demands for the workforce and the national socio-economic development in each period.

Depending on the rankings, the Ministry of Education and Training shall cooperate with People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) where the higher education institutions are located or where their training activities are organized in order to support the private higher education institutions in land, credit and employee training.

Article 10. Language in higher education institutions

Vietnamese is the official language in higher education institutions

Basing on the Prime Minister’s provision, the higher education institutions shall make decisions on using foreign languages in school.

Article 11. Higher education institution network planning

1. Higher education institution network planning is the arrangement of the system of colleges, universities, academies with appropriate professions and training levels for the population, geographical locations nationwide and locally in each period, consistent with the strategy for socio-economic development and National defense and security.

2. Principles of higher education institution network planning

a) Consistent with the strategy and planning for socio-economic development of the country, the sectors and the localities; assuring the profession structure, level structure and locality structure; satisfying the people’s demand for education;

b) Assuring the diversity and uniformity of the higher education system, combining training with scientific research, production and services; step by step enhance the training quality, serving the industrialization, modernization and international integration.

c) Consistent with the investment capability of the State and the resource mobilization of the society; creating favorable conditions for everyone to participate in the higher education institution construction.

d) Prioritizing the investment in the primary objectives, the key higher education institutions and key professions, key economic regions and impoverished areas.

3. The higher education institution network planning include the following contents:

a) The higher education system framework and the training scale by profession, training level and form of higher education institutions;

b) Locating higher education institutions basing on their properties and the local socio-economic characteristics;

c) The teaching staff and education management staff;

d) Material and technical facilities.

4. The Prime Minister shall approve the higher education institution network planning.

Article 12. The State policies on higher education development

1. Higher education development for training the qualified and quality workforce in order to satisfy the demand for socio-economic development and assure the National defense and security.

2. Increasing the budget for higher education; concentrating the investment in high quality higher education institutions towards basic science, hi-tech and key socio-economic professions in order to reach the world-class level.

3. Socializing the higher education, offer incentives for land, tax, credit and employee training in order to encourage non-profit foreign-capitalized higher education institutions and private higher education institutions; prioritizing the establishment of private higher education institutions with intensive investment, assure the establishment conditions as prescribed by law. It is prohibited to misuse the higher education activities for earning illegal profit.

4. Combining training with research and application of science and technology; boosting the cooperation between higher education institutions, scientific research organizations and enterprises.

5. The foreign shall place orders and assure the budget for the fulfillment of scientific and technological duties of higher education institutions that show high potential of science and technology.

6. Agencies, organizations and enterprises are entitled and responsible for receiving and facilitating the lecturers’ and students’ study, practice, scientific research and technology transfers, contributing to the training quality improvement.

7. Formulating appropriate attraction and benefit policy in order to built and improve the teaching staff’s quality, concentrate on the teaching staff with PhD degree and associate professor, professor title in higher education institutions.

8. Implementing the preferential policies on subjects of social policies, subjects in ethnic areas, areas with poor socio-economic conditions and the subjects learning special profession satisfying the workforce demand for socio-economic development; achieving sexual equality in higher education.

Article 13. The Communist organizations, and social organizations in higher education institutions

1. The Communist organizations in higher education institutions are established and operated as prescribed in the Charter of the Communist Party of Vietnam within the scope of the Constitution and Law.

2. The social organizations in higher education institutions are established and operated under the Constitution, the Law and their own charter.

3. Higher education institutions are responsible for facilitate the establishment and operation of Communist organizations and social organizations as prescribed in Clause 1 and Clause 2 this Article.