Nghị định 99/2019/NĐ-CP hướng dẫn thi hành Luật Giáo dục đại học sửa đổi

DECREE

ELABORATING AND PROVIDING GUIDELINES FOR A NUMBER OF ARTICLES OF LAW ON AMENDMENTS TO LAW ON HIGHER EDUCATION

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Education Law dated June 14, 2005 and Law on amendments to the Education Law dated November 25, 2009;

Pursuant to the Law on Higher Education dated June 18, 2012 and Law on amendments to the Law on Higher Education dated November 19, 2018;

At the request of the Minister of Education and Training;

The Government hereby promulgates a Decree elaborating and providing guidelines for a number of Articles of the Law on amendments to the Law on Higher Education.

Article 1. Scope and regulated entities

1. This Decree elaborates and provides guidelines for Clauses 3, 4, 10, 12, 13, 15, 17, 23, 24, 28 and 34 Article 1 of the Law on amendments to the Law on Higher Education.

2. This Decree applies to universities and academies (hereinafter collectively referred to as “universities”), parent universities, and organizations and individuals involved in higher education.

Article 2. Naming and renaming higher education institutions

1. Vietnamese name of a higher education institution includes:

a) A phrase denoting the type of higher education institution such as “đại học” (“parent university”), “trường đại học” (“university”) or “học viện” (“academy”);

b) A phrase denoting its academic discipline (if needed);

c) A proper name such as the name of a location, a cultural or historical figure, an individual or organization (if any) and other proper names.

2. International business name of a higher education institution shall be translated from Vietnamese to a foreign language using terminologies appropriate to international practice. For universities affiliated to a parent university, their international business names shall be stipulated by such parent university.

3. In case a higher education institution is newly established or renamed, its Vietnamese name, international business name and abbreviated name shall be included in its establishment or renaming scheme. Such names must not be identical to or easily mistaken with those of another established or registered higher education institution; contain inappropriate language or words or symbols violating national history, culture, ethics, fine traditions and customs; or cause any confusion regarding its rank or curricula. Foreign-invested higher education institutions shall be named according to existing regulations on foreign cooperation and investment in higher education.

4. A renaming application consists of:

a) An application for renaming the higher education institution;

b) A resolution of the institution’s council or its parent university’s council;

c) A renaming scheme, which includes the reason and necessity for renaming; assessment of impact on learners, officials, lecturers and relevant parties; and post-renaming risk control methods (if any);

d) A written approval for renaming from the institution’s supervisory authority (hereinafter referred to as “supervisory authority”) for public higher education institutions or approval from investors owning at least 75% of total contributed capital for private universities and non-profit private universities.

5. Procedures for handling of the renaming application:

a) The higher education institution shall send 01 application in person or by post together with the electronic file to the Ministry of Education and Training or via the public services portal of the Ministry of Education and Training;

b) Within 30 working days from the date of receipt of an adequate application, the Ministry of Education and Training shall appraise the application and submit it to the Prime Minister for decision;

c) If the application is inadequate, within 10 working days from the date of its receipt, the Ministry of Education and Training shall provide a written notice and explanation to the institution.

6. In case of renaming in connection with conversion from a private higher education institution into a non-profit private higher education institution, or conversion from a university into a parent university, or connecting universities into a parent university, regulations in Clauses 1, 2 and 3 of this Article and Article 3 or Article 4 or Article 5 of this Decree shall apply.

Article 3. Conversion from a private higher education institution into a non-profit private higher education institution

1. An application for conversion consists of:

a) An application for conversion from a private higher education institution into a non-profit private higher education institution, which includes the necessity for conversion; principles and objectives of its non-profit operation; contributed capital and assets under indivisible joint ownership of the private higher education institution (if any);

b) A written commitment, from investors owning at least 75% of contributed capital of the private higher education institution, on assurance of non-profit operation, capital non-withdrawal and not-for-profit operation;  and on maintenance of annual accumulated earnings under indivisible joint ownership to continue developing the institution;

c) A draft of organization and operation regulations; and a draft of internal financial regulations of the non-profit private higher education institution;

d) Other enclosed evidence, including an audit report, an agreement on settlement of capital contributed by investors who do not accede to the conversion (if any); documents on land, property, finance, organization and personnel of the private higher education institution;

dd) An assessment of the conversion’s impact on personnel, finance and property and plans for handling of such impact;

e) A decision on establishment of the private higher education institution, decisions on recognition of the current council and of the incumbent principal of the private higher education institution, and other relevant documents (if any).

2. Procedures for handling of the conversion application:

a) The higher education institution shall send 01 application in person or by post together with the electronic file to the Ministry of Education and Training or via the public services portal of the Ministry of Education and Training;

b) Within 30 working days from the date of receipt of an adequate application, the Ministry of Education and Training shall appraise the application and submit it to the Prime Minister for decision;

c) If the application is inadequate, within 10 working days from the date of its receipt, the Ministry of Education and Training shall provide a written notice and explanation to the institution.

Article 4. Conversion from a university into a parent university and establishment of a school affiliated to a higher education institution

1. Conditions for conversion from a university into a parent university:

a) The university has been accredited by a legal educational accreditation body (“accreditation body”);

b) At least 03 of its affiliates are established according to regulations in Clause 4 herein; doctoral training is available in at least 10 academic disciplines; and it is capable of accommodating more than 15,000 full-time learners;

c)  If it is a public university, the conversion must be approved by its supervisory authority; if it is a private university or non-profit private university, the conversion must be approved by investors owning at least 75% of its total contributed capital.

2. An application for conversion from a university into a parent university includes:

a) An application for conversion from a university into a parent university; and resolution of the university council;

b) A scheme for conversion from a university into a parent university, which includes the necessity, evidence on the requirements in Clause 1 herein; a draft of operation regulations of the parent university; solutions to risks upon conversion (if any); assessment of the conversion’s impact on personnel, finance and property and plans for handling of such impact.

3. Procedures for handling of the application for conversion from a university into a parent university:

a) The university shall send 01 application in person or by post together with the electronic file to the Ministry of Education and Training or via the public services portal of the Ministry of Education and Training;

b) Within 30 working days from the date of receipt of an adequate application, the Ministry of Education and Training shall appraise the application and submit it to the Prime Minister for decision;

c) If the application is inadequate, within 10 working days from the date of its receipt, the Ministry of Education and Training shall provide a written notice and explanation to the institution.

4. Regulations on establishment of a school affiliated to a higher education institution defined in Clause 2 Article 1 of the Law on amendments to the Law on Higher Education:

a) Establishment conditions: The school has at least 05 academic disciplines of the same field of study at the undergraduate level or higher, in which, 03 also provide master’s training and at least 01 also provides doctoral training; it is capable of accommodating at least 2,000 full-time students; and there are regulations on its functions, duties and organizational structure. Availability of master's training and doctoral training is not required if the school is established for the sole purpose of providing application-oriented programs. In case the abovementioned capacity or number of academic disciplines is not satisfied, the Minister of Education and Training has the power to decide its establishment based on characteristics of its field of study or training levels;

b) An application for establishment includes an establishment scheme providing the necessity of such establishment, plans to execute the scheme and evidence on the conditions prescribed in Point a herein;

c) The school council or university network’s council shall appraise the application, issue a decision to establish the school and send it to the Ministry of Education and Training for reporting;

d) The school’s name shall not be identical to or easily mistaken with the name of another established or registered higher education institution, or contain improper language or words or marks that violate national history, culture, ethics, fine traditions and customs. Its international business name shall be translated from Vietnamese to a foreign language using terminologies in accordance with international practice.

Article 5. Connecting universities to establish a parent university

1. Conditions for connecting universities to establish a parent university:

a) The parent university is formed by at least 3 public or private universities or the non-profit private parent university is formed by at least 3 private universities and non-profit private universities;

b) The constituent universities develop a draft of regulations on organization and operation of the university network, including the common objectives and missions; regulations on organization, finance and property; and other contents (if any);

c)  If the constituent universities are public universities, the establishment must be approved by the supervisory authority of each university; if the constituent universities are private universities and/or non-profit private universities, the establishment must be approved by investors owning at least 75% of total contributed capital of each university.

2. An application for establishment of a parent university includes:

a) An application for and agreement on establishment of the parent university from constituent universities;

b) Resolutions on joining the parent university from councils of the constituent universities;

c) A scheme for establishment of the parent university, which comprises the necessity of such establishment, change to objectives and missions of constituent universities; draft of regulations on organization and operation of the parent university; and solutions to risks upon such establishment (if any).

3. Procedures for handling of the application:

a) A university representing all constituent universities shall send 01 application in person or by post together with the electronic file to the Ministry of Education and Training or via the public services portal of the Ministry of Education and Training;

b) Within 45 working days from the date of receipt of an adequate application, the Ministry of Education and Training shall take charge and cooperate with other relevant Ministries and regulatory bodies in appraising the application and submitting it to the Prime Minister for decision;

c) If the application is inadequate, within 10 working days from the date of its receipt, the Ministry of Education and Training shall provide a written notice and explanation to the constituent universities.

Article 6. Organization and operation of higher education institutions established under agreements between the Government of the Socialist Republic of Vietnam and foreign signatories

Higher education institutions established under agreements between the Government of the Socialist Republic of Vietnam and foreign signatories shall be organized and operated according to the provisions in those agreements. If an agreement does not provide for such matters, this Decree and relevant regulations of laws shall apply.

Article 7. Procedures for establishment and recognition of university councils; recognition and dismissal of chairpersons of university councils, appointment and dismissal of other members of university councils; and recognition of principals for public universities

1. Procedures for establishment of a university council:

a) For newly established universities: The supervisory authority has the power to participate in the provisional university council and perform the duties and exercise the powers connected to the principal position until an official principal recognition decision is issued upon proposal from the university council.

The supervisory authority has the power to make decisions regarding the provisional university council as follows: decide number of members and organizational structure of the council and method to elect elective members; direct election of elective members and chairperson of the provisional council according to regulations on university councils in the Law on amendments to the Law on Higher Education; and issue decision to recognize the provisional council and provisional chairperson before the university requests permission to operate. Such decision shall include operating duration of the provisional council, which shall not exceed 12 months from the date of issuance of the decision. The official university council shall be established following the procedures in Point d of this Clause.

b) For operating universities lacking a university council: Within 6 months starting from the effective date of this Decree, the university leaders shall direct establishment of a university council following the procedures in Point d herein;

c) For universities with an operating university council: In case, by the effective date of this Decree, there are only 6 months to the tenure of the university council, the council shall operate until its tenure is concluded; concurrently, the university leaders shall direct establishment of a new council following the procedures in Point d herein. Otherwise, the following regulations shall apply:

If the university council was established in accordance with regulations in the Law on amendments to Law on Higher Education and regulations of the Communist Party at the time of its establishment, it may operate until the end of its tenure, decide the principal, exercise other rights and fulfill other responsibilities as prescribed by law and regulations on organization and operation of its university.

If the university council was established against regulations in the Law on amendments to Law on Higher Education and regulations of the Communist Party at the time of its establishment, within 6 months from the effective date of this Decree, the university leaders shall direct establishment of a new university council following the procedures in Point d herein. The new university council has the power to decide the principal, exercise other rights and fulfill other responsibilities as prescribed by law and regulations on organization and operation of its university.

d) At the end of each tenure or according to regulations in Points b and c herein, the university leaders shall direct establishment of the university council of the next tenure in compliance with regulations of the Communist Party, regulations of laws, regulations on organization and operation of the university and the following regulations: The university leaders shall request the supervisory authority to assign a representative to the council (“supervisory representative”); finalize number of members and organizational structure of the council with such representative and other ex officio members (if not yet regulated by university organization and operation regulations); organize election of council members and election of the council chairperson by council members.

Nomination of elective members, convention of a plenary conference or conference of delegates, and number of attendees thereof must be included in the university organization and operation regulations; if a conference of delegate is convened, at least 50% of total delegates must be present. In case such matters are not provided for, the university leaders shall proceed as agreed with the supervisory representative and other ex officio members of the council; after being recognized, the council shall add the abovementioned contents to the university organization and operation regulations or promulgate new regulations on such contents.

At least 30 days prior to the end of a council tenure, the university leaders shall send an application prescribed in Point a Clause 4 herein to the supervisory authority to request decision on recognition of the new university council and chairperson thereof.

d) The university leaders mentioned in this Clause include the standing committee of the Party Executive Committee, chairperson and deputy chairperson (if any) of the university council, principal and vice principals. The chairperson of the university council or principal (when there is no council chairperson) shall lead this group on the bases of collective leadership and majority rule and make the final decision regarding any tie vote result.

2. Procedures for substitution of council chairperson and members:

a) In case the council chairperson position is vacant (due to dismissal according to Clause 5 herein, being over the age to hold the position as per the law, job transfer or decease), the deputy chairperson (if any) or secretary (if there is no deputy chairperson) shall convene the council to elect a new chairperson according to regulations in Point c Clause 1 and send 01 application prescribed in Clause 4 herein to request the supervisory authority to recognize the new chairperson;

b) In case a council member position is vacant, the council chairperson shall organize selection of a substitute suitable to the role of the vacant position and in compliance with the law and university organization and operation regulations; and send 01 application prescribed in Point a Clause 4 of this Article to the supervisory authority to request recognition of the new member. The application shall provide the explanation for the substitution and relevant evidence (if any);

3. In case a member who is not university personnel is elected as the chairperson, the competent authority shall employ such member as a tenured official of the university following the procedures prescribed by law.

4. Procedures for recognition of a university council:

a) An application for recognition of the university council and chairperson thereof, including an application for recognition of the council, which specifies the member selection procedures; list of members, their curriculum vitae and written agreement on assumption of their positions; meeting minutes, vote counting records, document on assignment of the supervisory representative from the supervisory authority and relevant documents;

b) Within 30 working days from the date of receipt of an adequate application, the supervisory authority shall decide recognition of the university council and its chairperson and members; and send a written explanation if the application is not approved;

c) After being recognized, the university council may use the university’s seal and apparatus to perform its tasks; the council chairperson is entitled to the highest allowance rate in the list of allowances for university posts; allowances for deputy chairperson (if any), secretary and other members of the university council are provided for in the university organization and operation regulations.

5. Procedures for dismissal of the chairperson or another member of a university council:

a) The chairperson or another member of the university council will be dismissed in any of the following cases: The person hands in a resignation to step down from their position in the council; the person has limited legal capacity; the person is no longer healthy enough to perform assigned tasks; the person is not fully recovered despite having taken a leave for more than 6 months; the person committed a serious violation or is serving a court’s sentence; more than 50% of council members request the person be dismissed in writing; or other cases specified in the university organization and operation regulations.

In case of a lawful request for dismissal of the council chairperson, the deputy chairperson or the council secretary (if there is no deputy chairperson) shall preside over a meeting to process the request; the meeting must be convened in accordance with requirements on number and composition of attendees and vote proportion. If the deputy chairperson or secretary does not perform this task within 30 days after the request has been submitted, a council member chosen by more than 50% of council members shall undertake it;

b) The university council shall consider and decide dismissal of its chairperson or member and send a request to the supervisory authority to request issuance of a recognition decision. The request shall include an explanation for the dismissal and relevant documents and evidence;

c) Within 30 working days from the date of receipt of an adequate request, the head of the supervisory authority shall decide whether to approve it; a written explanation shall be sent if the request is rejected.

6. Procedures for appointment and recognition of the principal:

a) Procedures for appointment of the principal shall be provided for in the university organization and operation regulations and in consistency with regulations of the Communist Party and relevant laws. In case the tenure of the principal and that of the university council end concurrently, the principal's tenure may be extended until the supervisory authority recognizes a new principal per application from the new university council;

b) After the new principal is appointed, the university council shall submit a principal recognition application to the supervisory authority, which includes details on the principal appointment procedures and evidence thereof; and curriculum vitae and consent of the appointed principal;

c) Within 30 working days from the date of receipt of an adequate application, the head of the supervisory authority shall decide recognition of the principal; a written explanation shall be sent if the application is not approved.

7. Organization of councils of higher education institutions affiliated to the Ministry of Public Security and Ministry of National Defense are provided for by the Government;

8. For constituent universities of a parent university, recognitions of their councils; recognition and dismissal of council chairpersons, appointment and dismissal of other council members; and recognition of their principals are within the competence of the council of their parent university.

Article 8. Procedures for establishment of university councils, recognition of university councils; recognition and dismissal of chairpersons of university councils, and recognition of principals for private universities and non-profit private universities

1. Procedures for establishment and recognition of the university council and recognition of the chairperson thereof of a private university:

a) For newly established universities or universities lacking a university council: An investor or owner conference shall decide number of members and organizational structure of the council and appoint or elect council members in proportion to each investor or owner’s stakes. Council member candidates include the investor representative, non-university personnel (leaders, managers, educators, cultural studies scholars, scientists, alumni and employer representatives) and university personnel (representative of lecturers and workers nominated by a plenary conference or conference of delegates convened by the principal; and student representative (if any) nominated by a student association). The council member owning the largest stakes shall preside over election of the council chairperson, and request the investor or owner conference to recognize the council and chairperson thereof before application for permission to operate (for newly established universities) or within 6 months from the effective date of this Decree;

b) Regarding establishment and recognition of the university council and chairperson thereof of the next tenure, investors may establish the council and elect its chairperson following the procedures specified in Point a herein, and request the investor or owner conference to recognize the new council and its chairperson, or authorize the current council to perform these tasks;

c) In case the council chairperson is dismissed according to regulations in Clause 3 herein, the deputy chairperson (if any) or secretary (if there is no deputy chairperson) shall convene the council to elect a new chairperson according to regulations in Point b of this Clause and Point b Clause 3 of this Article and request the investor or owner conference to recognize the new chairperson;

d) In case a council member position is vacant, the council chairperson shall select a substitute suitable to the role of the vacant position and in compliance with Point b herein; and send an application to the investor or owner conference to request recognition of the new member;

dd) An application for recognition of the university council and chairperson thereof includes an application, which specifies the procedures for member selection; list of members, their curriculum vitae and written agreement on assumption of their positions; meeting minutes and vote counting records for election of the chairperson and elective members;

e) Within 30 working days from the date of receipt of an adequate application, the investor or owner conference shall decide recognition of the university council and its chairperson and members; a written explanation shall be sent if the application is rejected;

g) Benefits and working conditions of the university council and titles thereof shall be included in the university organization and operation regulations.

2. Procedures for establishment and recognition of the university council and recognition of the chairperson thereof of a non-profit private university

a) For newly established universities, an investor or owner conference shall decide number of members and organizational structure of the council, appoint or elect an investor representative to the council, and select a person in charge of council establishment and chairperson appointment. This person shall convene a plenary conference or conference of delegates to elect a lecturer representative, worker representative and non-university personnel to the council; organize election of the chairperson by council members, who are specified in the Law on amendments to the Law on Higher Education; request the investor or owner conference to recognize the council and chairperson thereof before application for permission to operate;

b) For operating universities, their councils shall operate in compliance with organizational structure requirements and perform the tasks prescribed by laws and university organization and operation regulations. At the end of each tenure, the council chairperson shall request the investor or owner conference to assign or elect a representative to the council of the next tenure; establish the new council following the procedures specified in Point a herein and university organization and operation regulations. At least 30 days prior to the end of each tenure, the council chairperson shall complete the application for recognition of the new council and chairperson thereof and submit it to the investor or owner conference;

c) Implement regulations in Point c Clause 1 of this Article if the council chairperson is dismissed and regulations in Point d Clause 1 of this Article if a council member position is vacant. Applications and time limit for recognition of the council and its chairperson are provided for in Points dd and e Clause 1 of this Article; benefits and working conditions of the council and titles thereof shall be stipulated in the university organization and operation regulations.

3. Procedures for dismissal of the chairperson of a university council:

a) Dismissal of chairpersons of university councils is provided for in Point a Clause 5 Article 7 of this Decree;

b) The university council shall consider and resolve dismissal of its chairperson and send a request to the investor or owner conference for decision. The request shall comprise a written explanation for the dismissal and evidence thereof;

c) Within 30 working days from the date of receipt of an adequate request, the investor or owner conference shall decide dismissal of the chairperson; and send a written explanation if the request is not approved.

4. The investor conference mentioned herein refers to a conference of all investors prescribed by Clause 11 Article 1 of the Law on amendments to the Law on Higher Education and the following regulations:

a) Conditions, decision-making method, organization and operation of the investor conference are provided for in Clause 11 Article 1 of the Law on amendments to the Law on Higher Education and regulations on organization and operation of the higher education institution.

b) Before provisions on the investor conference in regulations on organization and operation of the higher education institution take effect, the chairperson of the Board of Directors (if any) or the representative who is the bearer of the application for the institution’s establishment by capital contributors (if there is no Board of Directors) shall convene and preside over the investor conference. The first conference is deemed lawful upon participation of investors owning at least 65% of total contributed capital; if not, from the second conference onwards (for the same matter), attendance of investors owning at least 51% of total contributed capital is required.

The conference must have clear objectives, a provisional agenda and relevant documents, which are sent to all capital contributors at least 15 days prior to the conference date by registered mail or EMS or other trackable options.

The conference's minutes shall be approved in the conference and bear the signatures of the conference chair and secretary for archiving purpose. The resolution must be approved by those owning at least 65% of total contributed capital of all attendees via voting or ballot, and sent to all capital contributors within 15 days from the date of its approval.

5. Decision on and recognition of principals of private and non-profit private universities are within the competence of investor or owner conferences and regulated by Clause 6 Article 7 of this Decree.

6. For the council of a constituent university of a private or non-profit private parent university, recognition of such council; recognition and dismissal of the council chairperson, appointment and dismissal of other council members; and recognition of the principal are within the competence of the parent university’s council, unless regulations on organization and operation of the parent university place such matters within the competence of the investor or owner conferences of the parent university.

Article 9. Procedures for establishment and recognition of parent university’s councils; recognition and dismissal of chairpersons and other members of parent university’s councils

1. For public parent universities, procedures for establishment and recognition of their councils; and recognition and dismissal of chairpersons and other members thereof are prescribed in Clause 14 Article 1 of the Law on amendments to the Law on Higher Education and Article 7 of this Decree.

2. For private or non-profit private parent universities, procedures for establishment and recognition of their councils; and recognition and dismissal of chairpersons thereof are prescribed in Clause 13 Article 1 of the Law on amendments to the Law on Higher Education and Article 8 of this Decree.

Article 10. Recognition of research-oriented higher education institutions

1. A higher education institution with orientation towards research shall form a strong connection between training and scientific research and ensure the following requirements:

a) It has incorporated orientation towards a research-oriented higher education institution in its mission, vision and objectives; and has undergone accreditation;

b) Its affiliates participate in basic scientific research and/or research on development of source technologies; number of academic disciplines with master and doctoral training programs accounts for at least 50% of current academic disciplines; within the last 3 years, admission to master and doctoral programs constitutes at least 20% of total admission and, on average, at least 20 doctoral degrees are awarded annually;

c) In the last 3 years, average income from scientific and technological activities, innovation, research and transfer comprises at least 15% of its total income;

d) In the last 3 years, it has published 100 articles or more in reputable academic journals around the world every year, which translates to an average of at least 0.3 articles per each full-time lecturer. The Minister of Education and Training has the power to decide list of such reputable academic journals;

dd) Ratio of students to lecturers is under 20; full-time lecturers possessing a doctorate constitute at least 50% of total full-time lecturers; and lecturers holding the professor or associate professor title account for at least 20% of full-time lecturers possessing a doctorate;

e) If the institution is a public university, its full-time lecturers and full-time managers are those recruited, employed and managed according to regulations on headcount and work positions of public service providers.

If the institution is a private university or non-profit private university, its full-time lecturers and full-time managers are those working under labor contracts with a duration of 3 years or contracts with an indefinite term according to the Labor Code, not holding official or public employee positions, not employed under labor contracts with a duration of at least 3 months with other employers; enjoying salary and other benefits per existing regulations covered by the university.

2. Based on the requirements specified in Clause 1 herein, and objectives, missions and proposals of higher education institutions and enclosed evidence, higher education accreditation bodies shall accredit and announce list of higher education institutions qualified as research-oriented institutions on their websites; review and remove institutions no longer meeting such conditions annually; and report to the Ministry of Education and Training.

3. Research-oriented higher education institutions may prioritize scientific and technological tasks.

Article 11. Branches of higher education institutions in Vietnam

1. Branches of higher education institutions in Vietnam shall be established and operated according to regulations in Clause 15 Article 1 of the Law on amendments to the Law on Higher Education, existing Governmental regulations on conditions for educational investment and operation and the following regulations:

a) A branch of a higher education institution shall comprise a branch director, branch deputy director(s) and service units meeting its operating requirements; its organization and operation shall be stipulated in the organizational and operating regulations of its institution;

b) The branch shall perform the duties and exercise the powers prescribed by its institution.

2. Branches of foreign higher education institutions in Vietnam shall be established and operated according to regulations in Clause 15 Article 1 of the Law on amendments to the Law on Higher Education and the following regulations:

a) The foreign higher education institution establishing a branch in Vietnam must be operating legally and accredited according to regulations of its home country;

b) The branch’s investment capital is at least VND 500 billion (exclusive of land use costs); by the time of appraisal to grant permission for its establishment, more than VND 250 billion would have been contributed;

c) The branch meets other establishment and operation conditions, and carries out procedures and exercises powers concerning foreign educational cooperation and investment according to regulations applied to foreign-invested higher education institutions in Vietnam;

d) Training programs at the branch shall comprise programs possessing an unexpired accreditation certificate or approved by competent authorities under laws of the home country of the foreign higher education institution, and continuing educational programs deployed at the branch by such foreign institution according to Clause 3 Article 1 of the Law on amendments to the Law on Higher Education;

dd) Branch dissolution and operation suspension shall be carried out under existing regulations on foreign educational cooperation and investment applied to foreign-invested higher education institutions in Vietnam.

Article 12. Higher education accreditation bodies

1. Establishment conditions, permission to operate, operation suspension and dissolution for Vietnamese higher education accreditation bodies shall abide by Governmental regulations on conditions for educational investment and operation.

2. Responsibilities and powers of a higher education accreditation body:

a) Develop its organizational structure and apparatus; train, employ and manage its accreditors; promulgate internal documents to organize and deploy activities of educational accreditation as prescribed by the Minister of Education and Training;

b) Accredit higher education institutions and higher education training programs per request of educational institutions or competent bodies, and issue and revoke accreditation certificates.

Accreditation of training programs and higher education institutions affiliated to the Ministry of Public Security or Ministry of National Defense shall comply with regulations of the Ministry of Education and Training after obtaining approval from the Ministry of Public Security or Ministry of National Defense.

c) Publish its accreditation license, regulations on its organization and operation, list of accreditation councils, list of accreditors and accreditation results on its website;

d) Comply with regulations on educational accreditation standards; educational accreditation procedures; operating rules, conditions and standards for accreditation bodies and accreditors; and regulations concerning supervision and evaluation of accreditation bodies;

dd) Submit reports to the Ministry of Education and Training within 10 days from the date of issuance or revocation of an accreditation certificate for announcement on the web portal of the Ministry of Education and Training; provide accreditation documents upon written request from competent authorities;

e) Submit an annual evaluation of its operation, a plan for the following year and any proposal to the Ministry of Education and Training before December 31 of every year.

g) Fulfill other duties and exercise other powers as prescribed by law.

3. Conditions and procedures for foreign accreditation bodies to be recognized and operate in Vietnam shall comply with Governmental regulations on conditions for educational investment and operation.

Article 13. Autonomy and accountability of higher education institutions

Higher education institutions shall exercise autonomy and accountability according to regulations of the Law on Higher Education and Law on amendments to the Law on Higher Education and the following regulations:

1. Autonomy in terms of academic and specialized operations

Higher education institutions have the right to:

a) Promulgate internal regulations on admission, training, scientific and technological activities, and domestic and international cooperation and organize implementation thereof as prescribed by law;

b) Identify and publish admission methods and quotas according to regulations of the Ministry of Education and Training, excluding those in the field of national defense and security, which shall comply with regulations from each institution’s supervisory authority;

c) Decide training organization and management methods as appropriate to each training mode and qualification; develop, appraise and promulgate training programs in accordance to regulations on the Vietnamese Qualifications Framework and training program standards, ensuring that no harm is caused to national defense and security, community interest, culture, morals, fine traditions and customs, ethnic solidarity in Vietnam, and peace and security around the world; history is not distorted and there is no religious promotional content; compile, select, appraise, approve and use higher education teaching resources and textbooks (excluding those of compulsory subjects); implement and evaluate higher education training programs; design specimens of degrees and certificates, print blank degrees and certificates, issue and manage degrees and certificates as per the law;

d) Decide distance learning and cooperation in in-service undergraduate training with domestic educational institutions that are qualified according to regulations of law;

dd) Decide scientific and technological activities according to regulations in Article 16 of this Decree; and decide international cooperation as per Clauses 3, 5 and 6 Article 44 of the Law on Higher Education in compliance with regulations of law;

e) If an institution is eligible to exercise the autonomy prescribed in Clause 17, it may exercise autonomy in offering new programs as prescribed in Clause 18 and in international cooperation in training as prescribed in Clause 30 Article 1 of the Law on amendments to the Law on Higher Education;

Parent universities may decide to provide training in new academic disciplines or establish cooperation with other countries in their constituent universities and training units independently when the conditions prescribed in the amended Clauses 1 and 2 Article 33 and Article 45 of the Law on Higher Education are satisfied. Constituent universities may decide to provide training in new academic disciplines or establish cooperation with other countries independently and in compliance with regulations on organization and operation of their parent universities when the conditions prescribed in the (amended) Clause 3 Article 33 and Clause 5 Article 45 of the Law on Higher Education are satisfied.

Higher education institutions not meeting the conditions prescribed in Clause 17 Article 1 of the Law on amendments to the Law on Higher Education shall provide training new academic disciplines and establish international cooperation as per the law.

g) Exercise autonomy in other academic and specialized operations in accordance with the law.

2. Autonomy in terms of organizational structure and personnel

a) Public higher education institutions have autonomy in deciding organizational structure and personnel according to regulations in the Law on Higher Education and Law on amendments to the Law on Higher Education and existing regulations on establishment, reorganization and dissolution of public service providers; and headcount and work positions in public service providers; and have autonomy in deciding organizational structure and personnel to perform professional tasks but shall not increase number of employees receiving salary from state budget and rate of pay (including salary and allowances) covered by state budget;

b) Private and non-profit private higher education institutions have autonomy in deciding organizational structure and personnel according to regulations in the Law on Higher Education and Law on amendments to the Law on Higher Education; and shall announce their organizational structures and legal representatives on their websites;

c) Higher education institutions shall promulgate and implement internal regulations on organizational structure and personnel; and exercise autonomy in other aspects concerning organizational structure and personnel in compliance with the Law on Higher Education, Law on amendments to the Law on Higher Education and relevant laws;

d) Branches of higher education institutions and enterprises affiliated to higher education institutions shall be established according to existing regulations of laws.

3. Autonomy in terms of finance and property

a) Public higher education institutions shall exercise autonomy concerning finance and property according to the Law on Higher Education, Law on amendments to the Law on Higher Education and applicable regulations on autonomy of public service providers;

b) Private and non-profit private higher education institutions shall exercise autonomy in terms of finance and property in compliance with the Law on Higher Education, Law on amendments to the Law on Higher Education and other relevant regulations of law. The State shall assist their development as suitable to capacity of state budget and in accordance with regulations on investment in higher education;

c) Higher education institutions shall promulgate and implement internal regulations on finance and property; and exercise autonomy in other aspects concerning finance and property in compliance with the Law on Higher Education, Law on amendments to the Law on Higher Education and relevant laws;

4. Accountability

Higher education institutions shall:

a) Fully comply with regulations and requirements on periodical and ad hoc report regimes from their owners and competent authorities; send the internal regulations mentioned in the (amended) Point b Clause 2 Article 16 of the Law on Higher Education and the regulations and decisions mentioned in Points a, d and e Clause 1 herein to the Ministry of Education and Training within 30 days from the date of issuance for the purpose of state management of higher education;

b) Take responsibility before learners, owners, competent authorities and relevant parties for training quality assurance as prescribed by law and their internal regulations and commitments;

c) Announce on their websites their missions and visions; internal regulations, list of lecturers by academic discipline, by qualification and by title and other quality assurance conditions; results of accreditation of themselves and their training programs; expected outcomes of training programs, modes of training and training plans; admission schemes and plans, lists of annual admissions and lists of graduates by academic discipline and by qualification, training capacity, rate of students employed 12 months after graduation; specimens of degrees and certificates, annual lists of degrees and certificates conferred upon learners; training costs, tuition rates, admission fees and other fees charged in each academic year and for the whole course; tuition reduction or exemption policies and scholarships; and other contents as per the law;

d) Announce admission quotas, decision to offer training in new academic disciplines, decision on training cooperation and documents on eligibility for such decisions prescribed by law on their websites at least 30 working days prior to the date any of those takes effect; send notifications and decisions to the Ministry of Education and Training within 30 days starting from the date of issuance;

dd) Regularly update their databases into the national higher education database as prescribed by the Ministry of Education and Training; take responsibility before the law for documents promulgated and decisions and actions taken independently;

e) Follow the compulsory financial reporting regime and release such reports on their websites with the exception of information included in state secrets lists.

5. Autonomy and accountability of higher education institutions affiliated to the people's armed force shall abide by regulations in this Decree and other relevant regulations of law.

Article 14. Qualifications for some special academic disciplines

1. Qualifications for some special academic disciplines refer to qualifications possessed by persons who have completed the following training programs:

a) Programs worth 150 credits or more for persons who have completed upper secondary education and equivalent or programs worth at least 30 credits for graduates;

b) Programs worth at least 90 credits for persons whose qualifications are equivalent to Level 7 of the Vietnamese Qualifications Framework.

2. Based on entrance requirements, minimum academic load, lecturer standards, expected learning outcomes and other standards of higher education programs stipulated by the Ministry of Education and Training, persons completing a training program in a special academic discipline shall be assigned an appropriate qualification level of the Vietnamese Qualifications Framework.

Article 15. Higher education degrees and certificates

1. Higher education degrees include:

a) Bachelor’s degrees, which are conferred on learners who have finished a higher education program in accordance with the law, met outcome requirements of Level 6 of the Vietnamese Qualifications Framework, and complied with specific and lawful regulations of their institutions;

b) Master’s degrees, which are conferred on learners who have finished a master program in accordance with the law, met outcome requirements of Level 7 of the Vietnamese Qualifications Framework, and complied with specific and lawful regulations of their institutions;

c) Doctoral degrees, which are conferred on learners who have finished a doctoral program in accordance with the law, met outcome requirements of Level 8 of the Vietnamese Qualifications Framework, and complied with specific and lawful regulations of their institutions;

d) Equivalent degrees are those mentioned in Clause 2 herein.

2. Degrees of some special academic disciplines include medical degrees, dental degrees, traditional medicine degrees, pharmacy degrees, veterinary degrees, engineer degrees, architect degrees and some other degrees stipulated by the Government, which are granted to learners who have completed the training programs prescribed in Article 14 of this Decree.

3. Certificates of some special academic disciplines of the national educational system shall be awarded to learners who have completed training or refresher programs prescribed by Ministries and ministerial-level agencies or to candidates who have passed certification examinations in compliance with regulations on award of certificates of the national educational system.

Article 16. Scientific and technological activities in higher education institutions

1. Higher education institutions shall organize scientific and technological activities according to regulations in the Law on Science and Technology and in Clause 24 Article 1 of the Law on amendments to the Law on Higher Education.

2. Duties and powers of higher education institutions in scientific and technological activities:

a) Exercise autonomy and accountability in scientific and technological activities as prescribed by law;

b) Promulgate and organize implementation of internal regulations on scientific and technological activities, entrepreneurship activities and innovation according to provisions of laws concerning scientific and technological activities; enable organizations and individuals to invest in science and technology;

c) Establish or contribute capital to establish enterprises in compliance with regulations of laws on enterprises, relevant regulations of laws and decision of the institution’s council or the parent university’s council for the purpose of application, deployment and commercialization of research results and provision of public services;

d) Deploy scientific and technological activities as prescribed by law.

Article 17. Transfer and divestment of capital invested in higher education institutions

1. Transfer of ownership of a member's stake in a private university or non-profit private university is regulated by internal financial regulations and organizational and operating regulations of the university and regulations of laws. Such transfer must ensure stability and development of the university and comply with the following transfer rules:

a) The transferor shall inform transfer conditions to the university council;

b) The university council shall announce the transfer conditions to the remaining stakeholders and workers of the university; such announcement must be valid for at least 30 days starting from the date of its issuance;

c) Transfer procedures: The stake shall be divided between the other stakeholders in proportion to each person’s current stake. If the stakeholders refuse to receive the stake or only receive a part of the stake, the whole stake or the remain shall be transferred to the university’s workers. If the workers refuse to receive the stake or only receive a part of the stake, the whole stake or the remain shall be divided between (a) non-stakeholder(s) and the university’s workers.

2. Divestment of capital invested in a private university shall be carried out under regulations of laws and the university’s regulations with due account taken of its stability and development.

3. In case a higher education institution is dissolved, its finance and property shall be disposed of as prescribed by law.

Article 18. Transitional clauses

Public higher education institutions undergoing pilot renovation of their operation in compliance with the Government’s Resolution No. 77/NQ-CP dated October 24, 2014 may exercise autonomy concerning their organizational structure, personnel, finance and property according to the Law on Higher Education, Law on amendments to the Law on Higher Education and this Decree. Autonomy schemes approved by the Prime Minister are effective until the Government promulgates a new Decree on establishment, reorganization and dissolution of public service providers; on headcount and work positions in public services providers and on financial independence of public service providers.

Article 19. Effect

1. This Decree takes effect from February 15, 2020.

2. Article 2, Clause 2 Article 3 and Article 6 of the Decree No. 141/2013/ND-CP; Decree No. 73/2015/ND-CP; Decision No. 70/2014/QD-TTg and Clause 4 Article 7 of the Decree No. 127/2018/ND-CP are annulled.

Article 20. Implementing responsibilities

1. The Ministry of Education and Training shall direct implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Decree./.

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