Chương XI Luật giáo dục đại học 2012: Quản lý nhà nước về giáo dục đại học

Chapter XI

STATE MANAGEMENT OF HIGHER EDUCATION

Article 68. The contents of the State management of higher education

1. Formulating and guiding the higher education development plans, policies, planning and strategies;

2. Promulgating and organizing the implementation of legal documents on higher education.

3. Determining the volume and structure f training programs, the minimum output standards of students after graduation, the standards of lecturers, facilities and equipment of higher education institutions; the compilation and publication of textbooks and teaching materials, the regulations on examinations and diploma, certificate issuance.

4. Managing the higher education quality assurance,  specifying the standards of higher education quality assessment, the national standards of higher education institutions, the standards of training programs of higher education, the minimum requirements for implementing the training program; the process and period of higher education quality assessment; the State management of higher education quality assessment.

5. Making the statistics and providing information about the of higher education organization and operation.

6. Organizing the higher education management mechanism.

7. Organizing and guiding the training and management of lecturers and the management staff.

8. Mobilizing, managing and using the resources for higher education development.

9. Organizing and managing the science and technology researches and application, the production and business of higher education.

10. Organizing the international cooperation in higher education.

11. Specifying the title award for people that make enormous contribution to higher education.

12. Inspecting the observance of law, settling complaints and denunciation, handling the violation of law provisions on higher education.

Article 69. State management agencies in charge of higher education

1. The Government shall unify the State management of higher education.

2. The Ministry of Education and Training are responsible to the Government for the State management of higher education.

3. Ministries, ministerial-level agencies shall cooperate with the Ministry of Education and Training in the State management of higher education intra vires.

4. Provincial People’s Committees are in charge of State management of higher education under the decentralization by the Government; inspecting the observance of law provisions on education of the local higher education institutions; socializing higher education; satisfying the requirements for expansion and improvement of the quality and efficiency of local higher education.

Article 70. Inspection

1. The inspection of higher education includes:

a) Inspecting the implementation of law and policies on higher education;

b) Detecting, preventing and handling intra vires or request competent State agencies to handle the violations of law provisions on higher education;

c) Verifying and requesting competent State agencies to settle complaints and denunciation about higher education.

2. The Inspectorate of the Ministry of Education and Training shall fulfill the duties and authority to carry out administrative inspections and professional inspections of higher education.

3. The Minister of Education and Training shall direct, guide and organize the inspections of higher education. Ministries, ministerial-level agencies and provincial People’s Committees shall cooperate with the Ministry of Education and Training to carry out inspections of higher education under the assignment and decentralization by the Government.

4. Higher education institutions shall actively carry out inspections as prescribed by law. The principals of higher education institutions are responsible for the inspections of higher education institutions.

Article 71. Handling violations

Organizations and individuals committing one of the following acts shall be liable to administrative sanctions depending on the nature and extent of the violations; individuals may also be liable to criminal prosecution and pay compensation for the damage (if any) as prescribed by law:

1. Establishing higher education institutions or organizing education activities illegally;

2. Violating the provisions on the organization and operation of higher education institutions.

3. Illegally publishing, printing and issuing materials;

4. Forging profiles, violating regulations on the enrolment, examinations and issuance of diplomas or certificates.

5. Offending the dignity or the body of lecturers, educational managers; mistreating students;

6. Violating provisions on higher education quality assurance and assessment

7. Causing disturbance in higher education institutions;

8. Causing budget loss, misusing higher education activities to gain profit illegally;

9. Causing damage to the facilities of higher education institutions;

10. Other acts of violations of law provisions on higher education.