Chương VI Luật giáo dục đại học 2012: Hoạt động hợp tác quốc tế

Chapter VI

INTERNATIONAL COOPERATION

Article 43. The targets of international cooperation

1. Improving the higher education quality towards modernizations, approaching the develop higher education in the region and in the world.

2. Facilitating the sustainable development of higher education institutions, training skilled and qualified workforce serving the country’s industrialization and modernization.

Article 44. The forms of international cooperation of higher education institutions

1. Associate training.

2. Establishing representative offices of foreign higher education institutions in Vietnam.

3. Cooperating in scientific research and technology transfers, organizing science conventions and seminars.

4. Counseling, sponsoring, investing in the development of facilities and equipment.

5. Training, exchanging lecturers, researchers, management staff and students.

6. Connecting libraries, exchanging information serving the training, science and technology activities; providing training programs; exchanging the documents and results of training, science and technology activities.

7. Participating in regional and international science, education organizations and professional associations.

8. Establishing representative offices of Vietnamese higher education institutions in other countries.

9. Other forms of cooperation as prescribed by law provisions.

Article 45. Training association with foreign parties

1. Training association with foreign parties is the development and implementation of the training association program between a Vietnamese higher education institution and a foreign higher education institutions in order to issue diplomas or certificates without establishing new legal entities.

2. The training programs in association with a foreign party are formulated by both parties. The training program is completely implemented in Vietnam or partially in Vietnam and partially overseas.

3. The higher education institutions in association with foreign parties must satisfy the conditions for teaching staff, facilities, equipment, training programs and contents, legal status; the quality assessment certificate issued by foreign quality assessment agencies or by the Ministry of Education and Training; the training license of the associated field.

4. The Minister of Education and Training shall approve the training programs in association with foreign parties at the college, university, master’s and doctorate level.

The university directors shall approve the training programs in association with foreign parties at other levels apart from the college, university, master’s and doctorate level provided at the universities.

5. The enrolment and operation of training programs in association with foreign parties shall be suspended if the conditions specified in Clause 3 this Article are not satisfied. Higher education institutions must assure the lawful interests of lecturers, students and employees; reimburse the school fee, pay the teaching remuneration and other benefits of lecturers and employees under the signed labor contract or collective labor agreement, pay the tax debts and other debts (if any).

6. Higher education institutions must publicly disclose the information about the training programs in association with foreign parties on the school websites and means of mass media

Article 46. Representative offices

1. Representative offices of foreign higher education institutions represent the foreign higher education institutions.

2. A representative office has the following duties and authority:

a) Enhancing the cooperation with Vietnamese higher education institutions by expediting the formulation of cooperation programs and projects on higher education.

b) Organizing the information exchanges, consultation, seminars and exhibition of higher education in order to introduce the foreign higher education institutions;

c) Expediting and supervising the implementation of the higher education cooperation agreement signed with Vietnamese higher education institutions;

d) It is prohibited to engage in higher education activities that directly generate incomes in Vietnam, to establish branches of the representative offices in Vietnam.

3. Foreign higher education institutions are licensed to establish representative offices in Vietnam when the following conditions are satisfied:

a) Having legal status;

b) The duration of higher education operation in the home country is 05 years or longer;

c) Having specific goals, principles and charter of operation;

d) having regulations on the organization and operation of the representative office planned to be established in Vietnam in accordance with Vietnam’s law

4. The Minister of Education and Training shall license the establishment of representative offices of foreign educational institutions that engage in higher education.

5. The operation of representative offices of foreign higher education institutions is terminated in the following cases:

a) The license expires;

b) The termination is request by the foreign higher education institution that established the representative office.

c) The license is withdrawn because of no operation after 06 months as from the date of licensing, or 03 months as from the date of license extension;

d) The forgeries in the application for licensing the representative office establishment are detected;

dd) Engaging in activities contrary to the license;

e) Violating other Vietnam’s law provisions;

Article 47. Duties and authority of higher education institutions in international cooperation

1. Performing the forms of cooperation as prescribed in Article 44 of this Law.

2. Observing the Vietnam’s law provisions and the International Agreements to which the Socialist Republic of Vietnam is a signatory.

3. Having their the lawful rights and interests protected as prescribed by Vietnam’s Law provisions and the International Agreements to which the Socialist Republic of Vietnam is a signatory.

Article 48. Responsibilities of the State for international cooperation

1. The Government shall formulate appropriate policies on implementing the bilateral and multilateral agreements in order to facilitate the development of international cooperation among the higher education institutions towards satisfying the requirements for socio-economic development in accordance with the higher education development strategies and planning; enhancing the management of higher education association with foreign parties.

2. The Prime Minister shall formulate the policies on investment and preferential treatment in order to attract Vietnamese scientists overseas to participating in the sponsorship, training, scientific research and technology transfers; specify the conditions and procedures for international cooperation prescribed in Point 44, 45, and 46 of this Law.

3. The Minister of Education and Training shall specify the encouragement to higher education institutions to invest in and expand the international cooperation in training, scientific research, technology transfers with foreign parties; specify the management of foreign higher education institutions in Vietnam, the association between Vietnamese higher education institutions and foreign higher education institutions.