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THE MINISTRY
OF EDUCATION AND TRAINING
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SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom - Happiness
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No.
20/2010/TT-BGDDT
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Hanoi, July
16, 2010
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CIRCULAR
PROVIDING FOR CONTENT,
ORDER OF, AND PROCEDURES FOR THE TRANSFORMATION OF PEOPLE-FOUNDED UNIVERSITIES
INTO PRIVATE ONES
Pursuant to the Government’s Decree No.
178/2007/ND-CP dated December 03, 2007, defining the functions, tasks, powers and
organizational structure of Ministries, Ministerial-level agencies;
Pursuant to the Government’s Decree No.
32/2008/ND-CP dated March 19, 2008, defining the functions, tasks, powers and
organizational structure of the Ministry of Education and Training;
Pursuant to the Government’s Decree No.
75/2006/ND-CP dated August 02, 2006, detailing and guiding implementation of a
number of Articles of Law on Education;
Pursuant to the Government’s Decree No.
69/2008/ND-CP dated May 30, 2008, on incentive policies for the socialization
of educational, vocational, healthcare, cultural, sports and environmental
activities;
Pursuant to Decision No. 122/2006/QD-TTg
dated May 29, 2006, of the Prime Minister, on the transformation of
people-founded universities into private ones;
Pursuant to Decision No. 86/2000/QD-TTg dated
July 18, 2000, of the Prime Minister, on issuing the regulation on
people-founded universities;
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At the proposal of Director of Organization
and Personnel Department;
The Minister of Education and Training
provides contents, orders of, and procedures for the transformation of people-founded
universities into private ones as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects
of application
1. This Circular provides contents, orders of,
procedures for and responsibility of organizations and individuals in the
transformation of people-founded universities into private ones (hereinafter
abbreviated to the transformation).
2. This Circular applies to people-founded
universities defined in Article 1 of Decision No. 122/2006/QD-TTg dated May 29,
2006, of the Prime Minister, on the transformation of people-founded
universities into private ones.
Article 2. Requirements of transformation
The transformation must comply with the
principle defined in Article 3 of Decision No. 122/2006/QD-TTg of the Prime
Minister, provisions on contents, dossier, orders, and procedures specified in
this Circular and relevant legal normative documents.
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Article 3. Responsibilities of private
universities after transformation
After transformation, private universities shall
further perform legal commitments of people-founded universities with
organizations, units and individuals involving debts, finance, assets, labor
contracts, rights and obligations with respect to learners and construction and
development of universities as already been committed in schemes for
establishment of universities.
From time of transformation, private
universities shall keep levels of tuition similar to ones provided by
people-founded universities until ending a semester or ending a school-year. In
next semester or school-year, universities shall provide for levels of tuition
as prescribed by law and notify publicly in advance for learners.
Chapter II
CONTENT OF TRANSFORMATION
Article 4. Financial audit, inventory,
classification, evaluation of assets and classification of capital sources
1. Time of financial audit, inventory,
classification, evaluation of assets, and classification of capital sources
shall be time of making last quarter or annual financial statements, be decided
by Board of Directors of people-founded university, but not exceeding 01 year
as from this Circular takes effect.
2. The financial audit, inventory,
classification, evaluation of assets shall be performed in Vietnam dong, as
prescribed by law, by an independent audit and evaluation company which has
legal status.
3. People-founded universities shall compare the
principal, value of available assets with accounting books at time of financial
audit; make inventory, classify, evaluate assets and classify capital sources.
To clarify reason of differences.
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a) The principal of initial contributions and
contributions in the operation course of university from organizations and
individuals;
b) The principal gained from donations or
allocation from lawful financial sources;
c) The principal formed during operation of
university;
d) The principal from loans, hired assets of
domestic or foreign organizations and individuals.
5. Compare the liabilities to determine total
available capital and obligations for debts.
Article 5. Handling of the principal of
people-founded universities when transforming into private ones
1. The principal part which is contributed by
organizations and individuals and preserved value at time of contribution shall
be converted into Vietnam dong at time of transformation on the basis of
unified agreement between Board of Directors and members contributing capital
and be turned into shares. An owner of shares (called as a shareholder) shall
have right to draw his capital part or transfer it to other persons according
to the following provisions:
a) Shareholder who wishes to transfer partly or
entirely his contributed capital must transfer such capital part for the remaining
shareholder firstly and at an agreement price at time of transfer.
b) He may transfer his contributed capital to
persons other than shareholders of university only in case where shareholders
of university fail to purchase or fail to purchase entirely.
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3. The principal from loans, hired assets of
organizations, individuals shall comply with commitments and contracts of
loaning, credit provision.
4. People-founded university shall hand over all
area of land and assets on land which are being used enclosed with dossier to
private one. Private university shall use land, assets on land in accordance
with purpose and take responsibilities for use of land and assets on land. The
course of transformation must be performed in accordance with current
regulations on land management and use applied to educational facilities as
prescribed by law on land.
Article 6. Rights of organizations sponsoring
establishment of universities, individuals with merit in establishment and
construction of people-founded universities and incumbent members of Board of
Directors
1. Organization which has named on papers to act
as sponsor for establishment of people-founded university shall have right to
contribute capital with capital source not in the State budget to become
shareholder of private university. If organization which has named on papers to
act as sponsor for establishment of people-founded university fails to
contribute capital, it shall have no longer right and obligation respect to
private university.
2. Individuals with merit in establishment and
construction of university and incumbent members of Board of Directors of
people-founded university who have not yet contributed capital shall be
entitled to contribute capital and become shareholder of private one.
3. Organizations sponsoring establishment of
university, individuals with merit in establishment and construction of
university and incumbent members of Board of Directors of people-founded
university which have contributed capital but transferred their capital parts
for other organizations and individuals shall be not enjoyed priority right to
contribute capital, unless university has demand to call more capital when
transforming to type of private one.
Article 7. Determining charter capital and
mobilizing the initial share capital for private universities
1. Board of Directors of people-founded
university shall decide scale and structure of charter capital of private
university. Charter capital shall be not less than 50 billion VND.
2. If the principal which is contributed at the
initial time and during the operational process of university from
organizations and individuals is not enough for charter capital as prescribed
at clause 1 of this Article, Board of Directors of people-founded university
shall mobilize capital according to the priority order as follows:
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b) Persons contributed capital;
c) Contractual lecturers, cadres of university.
3. If the principal which is contributed at the
initial time and contributions during the operational process of university
from organizations and individuals are equal to or more than charter capital as
prescribed at clause 1 this Article and university has no demand to mobilize
more capital, Board of Directors of people-founded university shall settle
right to contribute capital of organizations sponsoring establishment of
university, individuals with merit in establishment and construction of
people-founded university and incumbent members of Board of Directors as prescribed
in Article 6.
4. Board of Directors of people-founded
university shall specify quantity and rate of contributed capital for subjects.
Article 8. Determination of Shareholders'
Meeting
After determining capital sources of
organizations and individuals contributing capital, Board of Directors of
people-founded universities shall determine members of Shareholders' Meeting of
private university as prescribed in Article 9 of Regulation on organization and
operation of private universities promulgated together with Decision No.
61/2009/QD-TTg dated April 17, 2009, of the Prime Minister.
Chapter III
DOSSIERS, ORDERS OF, AND PROCEDURES FOR TRANSFORMATION
Article 9. Dossier of transformation
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1. Report on transformation of people-founded
university into private one signed by chairperson of Board of Directors of
people-founded university.
2. Resolution of Board of Directors of
people-founded university on transformation of people-founded university into
private one.
3. Resolution of Board of Directors of
people-founded university, regarding recognition of list of organizations and
individuals contributing capital, determining charter capital, value of each
share, quantity of shares.
4. List of shareholders that have right to vote
and list of ordinary shareholders.
5. Scheme on transformation of people-founded
university into private one with contents specified in Article s 4, 5, 6, 7 of
this Circular.
6. Draft Regulation on organization and operation
of private university which has been approved by the Shareholders' Meeting.
7. Minutes and result of electing Board of
Directors and Control Board of private university made by the Shareholders'
Meeting.
8. Report of financial audit, inventory of assets
and dossiers involving land use right.
Article 10. Orders of and procedures for
transformation
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2. Within 30 working days after receiving full
and valid dossier, the Ministry of Education and Training shall consider the
transformation scheme and submit it to the Prime Minister for issuing decision
on transformation of university.
3. Based on result of electing Board of
Directors of private university of the Shareholders’ Meeting, competent
authorities shall consider and issue decision on recognition of Board of
Directors of private university.
4. Board of Directors of private university
shall conduct election of chairperson of Board of Directors, principal under
regulations; submit to competent authorities for consideration and issuing
decision on recognition.
5. Board of Directors, principal of private
university shall receive handing from Board of Directors, principal of
people-founded university and leaders of university according to Regulation on
organization and operation of private university promulgated by the Prime
Minister.
a) Dossier of handing over includes:
- Dossier of transformation of people-founded
university into private one.
- Financial statements at time of official
transformation of people-founded university into private one.
- Decision on determining value of mutual owned
capital part, not divided at time of official operation according to regulation
of private university of competent agencies.
- Minutes on handing over assets, principal at
time of handing enclosed with detailed report of debts handed to private
university to continue inheriting and financial shortcomings which need to be
handled further.
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- Board of Directors, chairperson of Board of
Directors, principal, chief accountant and representatives of trade union
organization of people-founded university shall be representatives of the
deliverer.
- Board of Directors, chairperson of Board of
Directors, principal, chief accountant and representatives of trade union
organization of private university shall be representatives of the receiver.
c) Minutes of handing must have full signatures
of members of handing and must clearly state:
- Status of available assets, principal,
laborers at time of handing.
- Rights and obligations of private university
in further inheritance.
- Shortcomings which private university is
responsible for settlement.
Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 11. Supervision of transformation
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In the course of transformation, if there are
problems, universities shall timely report to the Ministry of Education and
Training for guide and handling.
Article 12. Effect and responsibility for
implementation of Circular
This Circular takes effect on September 01,
2010.
The Chief of office, Director of Planning –
Finance Department, Director of Organization and Personnel Department, heads of
relevant units of the Ministry of Education and Training, chairpersons of the
provincial/municipal People’s Committees where people-founded universities
locate, chairpersons of Board of Directors and principals of people-founded
universities, chairpersons of Board of Directors and principals of private
universities shall implement this Circular.
THE MINISTER
OF EDUCATION AND TRAINING
Pham Vu Luan