Chương II Luật giáo dục đại học 2012: Tổ chức cở sở giáo dục đại học

Chapter II

ORGANIZATIONS OF HIGHER EDUCATION INSTITUTIONS

Section 1. The organizational structure of higher education institutions

Article 14. Organizational structure of colleges, universities and academies

1. The organizational structure of public colleges, universities includes:

a) The school council;

b) The Principal, Deputy Principal of the college or the university; the Director, Deputy Director of the academy;

c) Functional Departments;

d) Faculty, academic department; science and technology organizations;

dd) Other organizations serving the training, scientific and technological research; production, trading and service facilities;

e) Other campuses (if any);

g) The Science and training council, the advisory councils.

2. Colleges, universities affiliated to the university of which the organizational structure complies with the organization charter and the university operation.

3. Private colleges, universities with organizational structure as prescribed in Point b, c, d, dd, e and g Clause 1 this Article that have the Board of Directors, the Control Board.

4. Foreign-capitalized higher education institutions with independent organizational structure.

Article 15. The organizational structure of universities

1. The university council;

2. Director, Deputy Director.

3.  Offices, functional departments;

4. Affiliated universities, affiliated scientific research institutes.

5. Affiliated colleges, scientific and technological research faculties and centers.

6. Other organizations serving the training, scientific research; production, trading and service facilities;

7. Other campuses (if any);

8. The Science and training council, the advisory councils.

Article 16. The school council;

1. The school councils are established at public colleges, universities and academies.

2. The school council is the administrative organization representing the school ownership. The school council has the following duties and authority:

a) Resolving the development plans, strategies, planning and the regulations on the school organization and operation;

b) Resolving the orientation of operation, training, science and technology, international cooperation, assuring the education quality;

c) Resolving the organizational structure and the development roadmap of the school;

d) Resolving the establishment, merger, division, separation, dissolution of the organizations affiliated to the higher education institution;

dd) Supervising the implementation of the School council’s resolutions, the implementation of the democratic regulations on the school activities.

3.  The School council members;

a) The principal, deputy principals, the Party Committee Secretary, the Union’s president, the Secretary Communist Youth Union of Ho Chi Minh City ; the representatives from a number of faculties, the representatives from the authorities in charge of the higher education institution;

b) A number of members working in education, science, technology, production and trading.

4. The President of the School council is designated by the Head of the competent State agency.

The standards of the President of the School council are similar to that of the principal as prescribed in Clause 2 Article 20 of this Law.

5. The tenure of the School council is 05 years and attached to the principal's tenure.

The School council works on the principle of collectives and under the majority rule.

6. The procedures for establishing, the quantity and the member framework, the duties and authority of the School council, the duties and authority of the President, the Secretary of the School council, the designation and discharge the President and other School council members are specified in the School Charter.

Article 17. Board of Directors

1. The Board of Directors are established at private colleges and universities.

2. The Board of Directors is the only representative organization of the school ownership. The Board of Directors has the following duties and authority:

a) Organizing the implementation of the resolutions of the Shareholder general assembly;

b) Resolving the development plans, strategies, planning and the regulations on the school organization and operation;

c) Resolving the orientation of operation, training, science and technology, international cooperation, assuring the education quality;

d) Resolving the issues related to the organizations, personnel, finance, property and the orientation of the school investment and development;

dd) Supervising the implementation of the Board of Director’s resolutions, the implementation of the democratic regulations on the school activities.

3. The Board of Directors’ members;

a) The representatives of organizations, individuals of which the shares are ample as prescribed;

b) The Principal, the representatives from local authorities where the offices of the higher education institution are located; the representatives of the Communist Party organizations; the representatives of the lecturers.

4. The President of Board of Directors is elected by the Board of Directors under the majority rule and ballot.

The President of Board of Directors must hold a Bachelor’s degree or above.

5. The tenure of the Board of Directors is 05 years. The Board of Directors works on the principle of collectives and under the majority rule.

6. The procedures for establishing, the quantity and the member framework, the duties and authority of the Board of Directors, the duties and authority of the President, the Secretary, the recognition and non-recognition of the Board of Directors, the President of Board of Directors and other members of the Board of Directors are specified in the Charter and Regulation on the school organization and operation.

Article 18. The University Council;

1. The University Council has the following duties and authority:

a) Approving the university development plans, strategies and planning;

b) Resolving the orientation of operation, training, science and technology, international cooperation, assuring the education quality;

c) Resolving the organizational structure and the development roadmap of the university;

d) Resolving the establishment, dissolution, merger, division and separation of the organizations specified in Clause 3, 5, 6, 7 Article 15 of this Law; passing the plans on the establishment, dissolution, merger, division and separation of the organizations specified in Clause 4 Article 15 of this Law;

dd) Supervising the implementation of the University Council’s resolutions, the implementation of the democratic regulations on the university activities.

2. The members of the University Council include:

a) The Director, Deputy Director, the Party Committee Secretary, the Union’s president, the Secretary Communist Youth Union of Ho Chi Minh City ; the Principals of the affiliated colleges and universities; the Directors of the affiliated scientific research institutes;

b) The representatives of State management agencies; a number of members working in education, science, technology, production and trading.

3. The tenure of the University Council is 05 years and attached to the Director’s tenure. The University Council works on the principle of collectives and under the majority rule.

4. The procedures for establishing, the quantity and the member framework, the duties and authority of the University Council, the standards, duties and authority of the President, the Secretary of the School council, the designation and discharge the President and other members of the University Council are specified in the Charter on the University organization and operation.

Article 19. The Science and Training Council

1. The Science and Training Councils are established under the decisions from the principals of colleges and universities, the Directors of the academies and universities, in charge of counseling the principals and directors on the construction of:

a) The regulations and provisions on the training, science and technology activities, the standards of recruiting lecturers, researchers, library workers, laboratory workers;

b) The plans on developing the teaching staff and researching staff;

c)The plans on training new professions and majors, deploying and canceling the training programs; guiding the scientific and technological development, the plans on science and technology activities, assigning the training, science and technology duties.

2. The Science and Training Council includes: the Principals, the Deputy Principals in charge on training and scientific research; the heads of training and scientific research units; the reputable scientists being the representatives form various professions.

Article 20. The Principal

1. The principals of colleges, universities, the directors of academies and universities (hereinafter referred to as principals) are the representatives of higher education institutions before the law, being responsible for the management of the activities of higher education institutions. The principals are designated or accredited by competent State agencies.

The tenure of a principal is 05 years. The principals are designated and re-designated by tenure and not exceeding two consecutive tenures.

2. The standards of principals;

a) Having political credentials, having strong sense of dignity, having prestige within the science and education community, having capability of management and having participated in faculty management or department management in at least 05 years.

b) The principals of universities, the directors of academies and universities must have the doctorates; the principals of colleges must have the master’s degree or above

c) Having good health. The age of a designated principal of a public higher education institution must be adequate for at least a principal’s tenure

3. The duties and authority of principals:

a) Promulgating the regulations and provisions of the higher education institutions under the resolutions from the School Council, the Board of Directors or the University Council;

b) Making decisions on the merger, division, separation, dissolution of the organizations affiliated to the higher education institution under the resolutions from the School Council, the Board of Directors or the University Council; designating, discharging the chiefs and deputies of the organizations affiliated to the higher education institution;

c) Organizing the implementation of the resolutions from the School Council, the Board of Directors or the University Council;

d) Planning the development of teaching staff and management staff;

dd) Organizing the training, scientific researches, international cooperation, assuring the higher education quality;

e) Implementing the information and report regulations, subject to the supervisions and inspections as prescribed;

g) Building and implementing the internal democratic regulations; obtaining opinions and subject to the supervisions from individuals and organizations in the higher education institution;

h) Reporting the duty fulfillment of the principal and the management board to the School Council, the Board of Directors, the University Council;

i) Other duties and authority as prescribed by law provisions.

4. The principals of public higher education institutions, the President of Board of Directors of private higher education institutions are the account owners and shall be responsible for the financial management and property management of the higher education institutions; enjoy the autonomy and bear the transparent financial responsibility as prescribed by law provisions; observing the provisions on accounting and audit. The principals of private higher education institutions authorized to represent the account owners shall have the authority and duties similar to that of the account owners as authorized.

Article 21. Higher education institution campus

1. The branches of a higher education institution belong to its organizational structure and subject to its management. The branches of a higher education institution do not have independent legal status, situated in other provinces or cities different from that where the head office of the higher education institutions is situated, subject to the management of the provincial People’s Committee where the branches are situated.

2. The branches of a higher education institution shall fulfill their duties under the management of the principal and shall report their activities to the principal, report the activities related to the local management authority to the provincial People’s Committees where the branches are situated.

3. The branches of a higher education institution are established under the decisions from the Minister of Education and Training when the conditions specified in Article 22 of this Law are satisfied:

Section 2. THE ESTABLISHMENT, MERGER, DIVISION, SEPARATION, DISSOLUTION OF HIGHER EDUCATION INSTITUTIONS: AUTHORIZING, SUSPENDING THE TRAINING ACTIVITIES

Article 22. Conditions for establishing or approving the establishment of higher education institutions

1. A higher education institution is established or authorized to be established when the following conditions are satisfied:

a) Having the establishment project consistent with the socio-economic development planning and the approved higher education institution network planning;

b) Having the written consent from the provincial People’s Committee where the head office of the higher education institution is situated about the establishment of the higher education institutions and the certification of the land tenancy;

c) Having the certification of the financial capability of the investment in the construction of the higher education institution from competent agencies;

d) For foreign-capitalized higher education institutions, the Investment certificate from competent agencies is required.

2. After 04 years as from the decision on the establishment or the decision on approving the establishment takes effect, if the higher education institution is banned from training activities, the decision on the establishment or the decision on approving the establishment shall be invalidated.

Article 23. Conditions for training activities

1. A higher education institution is allowed to do training activities when the following conditions are satisfied:

a) Having the decision on the establishment or the decision on approving the establishment of the higher education institution;

b) Having land, facilities, equipment, dorms, PE facilities serving the demands for training activities; the construction location must satisfy the pedagogic principles, must be safe for students, teachers and other workers under the committed project;

c) Having the training programs and teaching materials as prescribed;

d) Having adequate full-time teaching staff and management staff that are professionally qualified ;

dd) Having sufficient financial resources for sustaining and developing the higher education institution operation;

e) Having the regulations on the organization and operation of the higher education institution.

2. After 03 years as from the decision on authorizing the training activities takes effect, if the higher education institution does not engage in the training activities, such decision shall be invalidated.

Article 24. Merging, dividing, separating higher education institutions

The merger, division and separation of higher education institutions must satisfy the following requirements:

1. Conformable with the higher education institution network planning;

2. Satisfying the demands for socio-economic development;

3. Assuring the interests of lecturers, officials, employees and students;

4. Contributing to higher education quality and efficiency improvement.

Article 25. Suspending the training activities of higher education institutions

1. The higher education institution shall have their training activities suspended in the following cases:

a) Committing fraud acts in order to get the approval for the establishment or the training activities;

b) Not satisfying one of the conditions specified in Clause 1 Article 23 of this Law;

c) The person in charge of approving training activities is not competent;

d) Committing violations of law provisions on education that are liable to administrative sanctions being suspending the operation;

dd) Other cases as prescribed by law provisions.

2. The decision on suspending the training activities must specify the reasons, the duration and the measures for assuring the lawful interests of the lecturers, the employees and the students. The decision on suspending the training activities must be publicly announced on means of mass media

3. After the suspension expires, if the causes of the suspensions are remedied, the person competent to make the decision on suspension shall make the decision on continue the training activities.

Article 26. Dissolving higher education institutions

1. The higher education institution shall be dissolved in the following cases:

a) Seriously violating the law provisions;

b) Failing to remedy the cause of the suspension after it expires;

c) The operation contents and target in decision on the establishment or the decision on approving the establishment of the higher education institution are no longer appropriate for the socio-economic development requirements;

d) The dissolution is requested by the organizations and individuals that establish the higher education institution;

dd) Failing to fulfill the commitment of the approved project after 05 years as from day the decision on the establishment or the decision on approving the establishment takes effect.

2. The decision on dissolving the higher education institution must specify the reasons, the duration and the measures for assuring the lawful interests of the lecturers, the employees and the students. The decision on dissolving the higher education institution must be publicly announced on means of mass media

Article 27. Procedures and authority for establishing, approving the establishment, the training activities, suspending the training activities, merging, dividing, separating and dissolving higher education institutions

1. The Prime Minister shall specify the conditions and procedures for establishing, approving the establishment, the training activities, suspending the training activities, merging, dividing, separating and dissolving universities, academies and foreign-capitalized higher education institutions

The Minister of Education and Training  shall specify the conditions and procedures for establishing, approving the establishment, the training activities, suspending the training activities, merging, dividing, separating and dissolving colleges.

2. The Prime Minister shall make decisions on establishing public universities and academies; decisions on approving the establishment of private universities and foreign-capitalized higher education institutions

The Minister of Education and Training shall make decisions on establishing public colleges; decisions on approving the establishment of private colleges.

3. The persons competent to establish or authorize the establishment of higher education institutions are also competent to make decisions on the merger, division, separation, dissolution of higher education institutions.

4. The Minister of Education and Training shall make decisions on approving, suspending the training activities of colleges, universities, academies, scientific research institutes eligible for doctorate training and foreign-capitalized higher education institutions.

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