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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
86/2000/QD-TTg
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Hanoi,
July 18, 2000
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DECISION
ISSUING THE REGULATION ON PEOPLE-FOUNDED UNIVERSITIES
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Education Law of December 2, 1998;
Pursuant to the Government’s Decree No. 15/CP of March 2, 1993 on the tasks,
powers and State management responsibility of the ministries and
ministerial-level agencies;
At the proposal of the Minister of Education and Training,
DECIDES:
Article 1.- To issue together with this Decision the Regulation on
people-founded universities.
Article 2.- The Minister of Education and Training shall assume the
prime responsibility and coordinate with the Minister of Finance as well as
concerned ministries and branches in detailing the implementation of this
Regulation.
Article 3.- This Decision takes effect 15 days after its signing. All
previous regulations contrary to this Regulation are hereby annulled.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Gia Khiem
REGULATION
ON PEOPLE-FOUNDED UNIVERSITIES
(Issued together with the Prime Minister’s Decision No. 86/2000/QD-TTg of July
18, 2000)
Chapter I
GENERAL PROVISIONS
Article 1.-
People-founded universities are higher-education
institutions which are established by social, socio-professional or economic
organizations (hereinafter collectively called organizations) which mobilize
teachers, scientists and investors together to contribute their efforts,
funding and initial material bases from sources outside the State budget.
People-founded universities are legal persons enjoying autonomy in deciding
their organizational structure, labor recruitment and financial matters. Their
assets are under collective ownership of their investors, lecturers, officials
and employees.
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Article 3.-
People-founded universities belong to the national
educational system of the Socialist Republic of Vietnam, and submit to the
State management over education by the Ministry of Education and Training and
educational management agencies according to the responsibility assignment and
division by the Government and concurrently to the administrative management by
territory of the People’s Committees of the provinces and centrally-run cities
(hereinafter called provincial People’s Committees for short) where they are
based.
People-founded universities have legal person
status, their own seals and may open accounts at commercial banks or State
treasuries for transaction.
Article 4.-
People-founded universities are equal with public
universities in tasks and rights of the schools, of the lecturers and students
in the implementation of training objectives, contents, curricula and
methodologies and regulations relating to enrolment, teaching and learning,
tests, examinations for recognition of graduation, awarding of diplomas; are
entitled to incentive policies toward non-public educational-training
establishments according to the Government’s stipulations.
Chapter II
CONDITIONS AND
PROCEDURES FOR ESTABLISHMENT OF PEOPLE-FOUNDED UNIVERSITIES
Article 5.- A people-founded university set up after the issuance of
this Regulation must meet all the following conditions:
1. The university establishment plan conforms to
the general planning of the network of universities and meets the human
resource demand in service of the local and national socio-economic
development.
2. The training objectives, curricula and scale
are in line with the national higher-education development orientation.
3. There are sufficient initial conditions regarding
the contingent of managerial personnel, lecturers, material and technical bases
and capital.
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Article 6.- When meeting the conditions stated in Article 5 of this
Regulation, organizations applying for establishment of people-founded
universities shall send dossiers to the Ministry of Education and Training.
Such a dossier consists of:
1. An application for establishment of the
university, clearly indicating:
a/ The university’s name;
b/ Guiding principles for and goals of the
university’s activities;
c/ Location of the university;
d/ Expected disciplines and professions to be
trained and scope of activity;
e/ Expected enrolment.
2. The university establishment plan as
prescribed in Article 5 of this Regulation.
3. The university’s draft Statute on
organization and operation.
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5. The land use dossier or a written agreement
of the competent agency on assigning the land use right for construction of the
university.
6. A tentative list of members of the
university’s Managing Board, Principal and organizational structure;
biographies of the Managing Board members and managerial personnel, which are
certified by the agencies directly managing such personnel.
7. A list of staff lecturers and science
workers, enclosed with their commitments to participate in lecturing at the
university.
8. A written commitment to build the university
within ten years into an institution corresponding to its projected training
scale, disciplines and professions.
Article 7.- The Ministry of Education and Training shall receive
dossiers, assume the prime responsibility and coordinate with the Ministry of
Planning and Investment, the Ministry of Finance, the Government Commission for
Organization and Personnel, the provincial People’s Committee of the locality
where the university is to be based as well as concerned agencies in organizing
the evaluation thereof then submitting them to the Prime Minister for
consideration and decision.
Article 8.- After obtaining the Prime Minister’s decision on
establishment of a university, the Minister of Education and Training shall
examine the proposals of the organization applying for establishment of such
university in order to:
1. Decide to recognize the Managing Board and
its chairman.
2. Decide to recognize the Principal.
3. Approve the university’s Statute on
organization and operation.
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5. Issue a decision permitting the university to
enroll students.
Article 9.- After one year from the date the Prime Minister decides the
university establishment, if the university fails to obtain all documents
specified in Clauses 1, 2, 3 and 4, Article 8 of this Regulation, the Minister
of Education and Training shall report it to the Prime Minister for withdrawal
of the university establishment decision.
Article 10.-
Organizations applying for establishment of universities
shall, through their representatives in the Managing Boards, continue together
with the Managing Boards and the Principals to be responsible for all activities
of the universities. Where a university fails to operate in compliance with its
guiding principles and goals, the organization that has applied for
establishment of such university may request the State management agencies to
examine and handle the case in accordance with law.
Chapter III
ORGANIZATION AND
OPERATION
SECTION I. ORGANIZATIONAL
STRUCTURE OF UNIVERSITIES
Article 11.-
The organizational structure of an university comprises:
1. The Managing Board.
2. The Principal.
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a/ Vice Principals.
b/ The functional sections and departments.
c/ The Science and Training Council.
3. Several training divisions: faculties,
departments and subject sections.
4. Several divisions in service of training,
scientific research and development, which are established and operate
according to law provisions.
5. Party and mass organizations.
SECTION 2. PARTY AND MASS
ORGANIZATIONS
Article 12.-
The Communist Party of Vietnam organizations in
universities operate under Article 51 of the Education Law.
Article 13.-
Social and mass organizations in universities operate
under Article 52 of the Education Law.
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Article 14.-
The Managing Board of a people-founded university is the
sole organization representing the university’s collective ownership, has the
responsibility and autonomy to decide important matters relating to the
organization, personnel, finance and assets of the university.
Article 15.-
The Managing Board of a people-founded university
comprises at least 7 members, including the following:
1. Representative(s) of the leadership of the
organization that has applied for the university establishment.
2. Representative(s) of the financial and
property investors in building the university.
3. Representatives of staff lecturers, officials
and employees of the university.
4. The Principal.
5. Representative(s) of the grassroots Party
Committee in the university.
The Managing Board members are equal in their
voting right.
Article 16.-
The Managing Board chairman and members must be
Vietnamese citizens who have university or higher degrees, good health, the age
of 70 years or under when nominated to the Managing Board; and at least 50% of
them have once lectured at universities or participated in tertiary education
management.
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The Managing Board chairman is entitled to use
the organizational apparatus and seal of the university; any documents and
decisions of the Managing Board must be signed by its chairman.
Article 18.-
The Managing Board has the following tasks and powers:
1. To consider and adjust the training
disciplines, professions, levels and scale as well as the university
development planning and submit them to the Ministry of Education and Training.
2. To formulate and amend financial revenue and
expenditure regimes, criteria and norms according to the State’s regulations
applicable to non-public universities.
3. To mobilize capital from various sources for
construction of the university; approve annual cost estimates and settlement of
final budgetary accounts submitted by the Principal; supervise the management
of the university’s finance and assets.
4. To nominate and recommend the recognition or
non-recognition of the person holding the post of Principal, and report such to
the Minister of Education and Training for decision.
5. To approve the plans on the university’s
organizational structure, payroll and personnel-related matters, which are
proposed by the Principal.
6. To decide basic principles for dealing with
matters relating to training, scientific research, construction of material
bases and external affairs of the university.
7. To formulate and amend the university’s
Statute on organization and operation, submit it to the Ministry of Education
and Training for approval.
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Article 19.-
The Managing Board’s term is 5 years, its members may be
re-elected. The Managing Board regularly meets at least once every three
months. Extraordinary meetings shall be decided by the Managing Board chairman
at the proposal of at least one-third of the total number of the Managing Board
members.
Article 20.-
The chairman and members of the Managing Board’s first
term are nominated by the organization that has applied for establishment of
the university, and reported to the Minister of Education and Training for
decision on recognition thereof.
Article 21.-
From the second term on, the setting up of the Managing
Board shall adhere to the following principles: three months before the end of
its term, the Managing Board shall base itself on the provisions in Article 15,
16 and 18 of this Regulation, to report to the Ministry of Education and
Training on the option, number of members and structure of the Managing Board
for the next term. Apart from the natural members mentioned in Clauses 1, 4 and
5 of Article 15, those members mentioned in Clause 2 of Article 15 shall be
elected by investors making financial and asset investment in constructing the
university; those members mentioned in Clause 3, Article 15, shall be elected
by representatives of the university’s staff lecturers, officials and
employees.
The Minister of Education and Training shall
decide on the recognition of the Managing Board members. The Managing Board
chairman is elected by the Managing Board members and reported to the Minister
of Education and Training for decision on recognition.
Article 22.-
During a term, if there emerges an unexpected need to
add or replace a Managing Board member, the Managing Board shall issue a
resolution thereon for its chairman to submit it to the Minister of Education
and Training for decision on the recognition thereof. If the to be-replaced
member is the Managing Board chairman, the Minister of Education and Training
shall consult the organization that has applied for the university
establishment, every Managing Board member and concerned agencies before
deciding on the recognition thereof.
Article 23.-
Where there are sufficient grounds on serious violations
of the State’s regulations by the Managing Board, the Minister of Education and
Training may, after consulting the organization that has applied for the
university establishment, issue decisions not to recognize the Managing Board
and its chairman, to set up an interim Managing Board and appoint an acting chairman.
Within one year, the interim Managing Board must submit to the Minister of
Education and Training the list of the official Managing Board members
according to the provisions in Article 21 of this Regulation.
SECTION 4. PRINCIPALS
Article 24.-
Principals of people-founded universities have the
responsibility to directly manage and administer activities of universities.
Principals are nominated by the Managing Boards and recognized by decisions of
the Minister of Education and Training. The Principal’s term coincides with the
Managing Board’s term and nobody is allowed to assume the post of Principal for
two consecutive terms.
Article 25.-
Principals administer activities of universities,
represent their universities before the society and law, are accountable to the
Managing Boards, the Ministry of Education and Training and the State for the
training quality, the observance of regulations and rules on education and
training as well as other activities within their jurisdiction assigned by the
Managing Boards.
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Article 27.-
A Principal has the following tasks and powers:
1. To organize the implementation of the
Managing Board’s resolutions.
2. To recommend to the Managing Board for
approval measures to mobilize, manage and use various resources in order to
achieve the training objectives, develop the university, and measures to ensure
quality and effectiveness of training and scientific research.
3. To observe the Ministry of Education and Training’s
regulations on enrolment, organization and management of training,
examinations, tests, recognition of graduation and award of diplomas.
4. To make annual cost estimates and budget
settlements and submit them to the Managing Board for approval. To organize the
implementation of the financial plans already approved by the Managing Board.
5. To propose to the Managing Board for approval
the organizational structure, payroll and personnel of his/her university.
6. To issue regulations and rules applicable
within his/her university in order to ensure the administration, inspection and
supervision of all the university’s activities according to current
regulations.
7. To organize the accounting work and manage
the university’s finance and assets according to the State’s regulations.
8. To appoint or dismiss persons holding various
posts in the university after having the Managing Board’s approval. To decide
labor recruitment according to the law provisions.
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10. To make periodical reports on the
university’s finance and activities as required by the Managing Board, the
Ministry of Education and Training and concerned agencies.
11. To maintain order, security and safety in
the university.
12. In case of necessity, the Principal may
reserve his/her opinions disagreeing with the Managing Board’s decisions and
report them to the Minister of Education and Training.
Article 28.-
Principals are assisted by vice-principals. Principals
shall nominate their vice-principals for the Managing Boards to approve and
submit them to the Minister of Education and Training for decision on
recognition thereof. Vice-principals’ term coincide with the Principals’ term.
The number of Managing Board members holding the
posts of Principal and vice-principals must not exceed one-third of the total
number of Managing Board members.
Article 29.-
The science and training councils are set up by
decisions of Principals to advise the Principals on running the universities’
activities.
Article 30.-
Where having sufficient grounds on serious violations of
the State’s regulations by a Principal, the Minister of Education and Training
may, after consulting the concerned Managing Board, issue decisions not to
recognize the Principal, appoint an acting Principal and at the same time request
the Managing Board to nominate a new Principal and submit the nomination to the
Minister of Education and Training for decision on the recognition thereof.
SECTION 5. TRAINING AND
SCIENTIFIC RESEARCH
Article 31.-
People-founded universities enroll and train citizens of
the Socialist Republic of Vietnam and foreign citizens lawfully residing in
Vietnam according to the regulations of the Minister of Education and Training.
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Article 33.-
The publishing of periodicals, journals, academic
publications, materials and textbooks in service of the universities’ training
and scientific research work shall comply with the Publication Law and
regulations of the Minister of Education and Training.
Article 34.-
The invitation of foreign professors, scientists and
specialists to lecture and/or conduct scientific research; the sending of
officials to visit, lecture and/or study abroad; and the sending of students to
study abroad, shall comply with the Government’s stipulations.
SECTION 6. FINANCIAL
MANAGEMENT
Article 35.-
People-founded universities shall enjoy financial
autonomy on the principle of self-financing to maintain their activities and
development.
Article 36.-
Assets of people-founded universities comprise assets contributed
as capital by investors and assets accrued during the course of operation.
Assets of people-founded universities, after subtracting the capital
contributed by the collectives, individuals and the expenses for the
universities’ activities, including interests on borrowed and contributed
capital, are indivisible assets under collective ownership of universities,
which are protected by the State according to law provisions; nobody is allowed
to appropriate them.
Article 37.-
The revenue sources of a people-founded university
include:
1. Revenues at the university:
- Tuition fees paid by learners.
- Charges paid by learners.
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- Interests on bank deposits.
- Proceeds from liquidation of assets belonging
to the university’s capital sources.
- Earnings from service activities (if any).
2. Capital contributed by organizations and
individuals (collectively called investors) for investment in developing the
university.
3. Financial assistance, aid, donations,
presents from organizations and individuals inside and outside the country.
4. Capital borrowed from credit institutions and
banks.
5. Other revenues.
Article 38.-
Expenditures of a people-founded university include:
1. Regular expenses:
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b/ Expenses for training and scientific research
activities at the university.
c/ Payment of rents for material bases.
d/ Expenses for the procurement of assets and
minor repairs.
e/ Fixed asset depreciation.
f/ Obligations toward the State as prescribed.
g/ Payment of interests on borrowed and
contributed capital.
h/ Expenses for rewards and welfare.
i/ Other expenses.
2. Expenses for development investment,
including construction and procurement of machinery, equipment and facilities.
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Article 39.-
Assets and all financial revenue and expenditure
activities of people-founded universities must be managed, cost-accounted and
settled every quarter and every year according to regulations of the Ministry
of Finance.
The surplus between revenues and expenditures in
annual operations of people-founded universities shall be used to set up
compulsory financial reserve funds, with priority given to investment in the
universities’ material
bases in order to fulfill the commitments to the construction of universities
as mentioned in Clause 8, Article 6 of this Regulation and Article 20 of the
Government’s Decree No.
73/1999/ND-CP of August 19, 1999, and to repay step by step the borrowed and
contributed capital.
Article 40.-
Annually, the universities shall draw up revenue and
expenditure estimates and open accounting books to monitor revenues and
expenditures according to their formed capital sources and assets. All
universities’ revenues must
be fully reflected in their accounts at banks or State Treasuries. All
interests on bank deposits must be incorporated in their revenue source.
Principals are responsible for making quarterly
and annual sum-up reports on cost estimates and settlement of accounts and the
situation of financial revenues and expenditures, capital and assets for
approval by the Managing Boards. Principals shall carry out financial
activities at the revenue and expenditure levels already approved by the
Managing Boards.
Article 41.-
1. People-founded
universities apply a transparent financial regime; the Managing Board of each
university shall set up a Financial Inspection Board to conduct regular and
irregular examinations of the university’s
accounting books and the use of its funding, the situation of increase or
decrease of its assets and capital sources, then report thereon to the Managing
Board, and at the same time make public all revenues and expenditures to the
university’s officials and
employees.
2. People-founded universities shall submit to
the financial inspection and supervision by the finance agencies according to
the State’s regulations.
Article 42.-
Principals are the universities’
account holders, are accountable to the Managing Boards for the management of
finance and assets of the universities.
Article 43.-
In cases of need for asset liquidation, the Principal
shall set up a council to determine the prices and mode of asset liquidation
then report to the Managing Board for approval.
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Chapter IV
TASKS AND RIGHTS OF
LECTURERS, OFFICIALS AND EMPLOYEES
Article 45.-
Principals of people-founded universities recruit
lecturers, officials and employees through the form of labor contracts.
Key managerial officials and lecturers,
officials and employees working in sections, departments and faculties of
people-founded universities are not on the State’s
payroll, except for special cases where they are seconded according to the
regulations of the Ministry of Education and Training.
Article 46.-
Lecturers (both staff and guest) of people-founded
universities must meet all prescribed criteria on ethical qualities,
professional and specialized qualifications and health; have the tasks and
rights as prescribed by law.
At the beginning of the first course, the staff
lecturers of a university must undertake no less than 20% of the teaching
volume of each subject and no less than 50% over a four years’ time.
The Minister of Education and Training shall
provide for the invitation of guest lecturers of people-founded universities as
well as the seconding of administrators and teachers from public universities
or State agencies to work at people-founded universities.
Article 47.-
Staff lecturers, officials and employees of
people-founded universities shall enjoy reasonable wage and salary regimes
depending on the universities’
operation results, may participate in social and medical insurance, be
considered for recognition of the title of professor or associate professor,
considered for conferment of the title of People’s
Teacher or Emeritus Teacher, the medal "For the Cause of Education",
have the teachers’ tasks
and rights as prescribed in Section I, Chapter IV of the Education Law.
Chapter V
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Article 48.-
Vietnamese citizens who fully meet the conditions
prescribed in the Enrolment Regulation of the Ministry of Education and
Training may register for enrolment in people-founded universities.
Article 49.-
People-founded university students have the following
tasks:
1. To study and train themselves according to
the education plans and curricula of their universities.
2. To abide by the State’s
laws; observe the regulations and rules of their universities.
3. To participate in labor and social activities
suited to their age, health and capacity.
4. To pay tuition fees.
5. To preserve and protect their universities’ assets.
6. To contribute to building, protecting and
promoting the traditions of their universities.
Article 50.-
People-founded university students have the following
rights:
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2. To follow postgraduate education, to study at
an earlier age, to skip grades, to shorten the time for implementation of their
study programs or to discontinue study, according to the regulations of the
Ministry of Education and Training.
3. To participate in mass and social
organizations’ activities
according to law provisions.
4. To have access to their universities’ facilities and means in service
of study, cultural, sport and physical training activities.
5. To make recommendations in person or through
their organizations on solutions with a view to contributing to building their
universities, protecting the learners’
legitimate rights and interests.
6. To enjoy social policies prescribed by the
State.
7. To be equal with public university students
in the opportunity to have employment.
Chapter VI
INSPECTION, COMMENDATION
AND HANDLING OF VIOLATIONS
Article 51.-
People-founded universities have to regularly organize
self-supervision and self-inspection of their own activities according to
current regulations.
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Agencies, organizations and individuals may
lodge complaints, individuals may denounce illegal acts in education activities
of universities.
Article 53.-
People-founded universities are forbidden to permit any
individuals or organizations to abuse their names or use their bases to carry
out illegal activities and commit acts of commercializing education activities,
for self-seeking purposes, or at variance with the guiding principles and
objectives of people-founded universities’
activities.
Article 54.-
Individuals and collectives in people-founded
universities that have made achievements contributing to the education cause
shall be commended according to the State’s
regulations.
Article 55.-
Where there are sufficient grounds to believe that a
people-founded university fails to abide by law, regulations of the Ministry of
Education and Training; fails to ensure training quality; fails to ensure the
minimum requirements on material bases and facilities in service of teaching
and learning activities; fails to ensure hygiene and safety conditions, the
Minister of Education and Training shall, depending on the extent of
seriousness, have to:
1. Decide the suspension of teaching.
2. Decide the suspension of enrolment.
3. Report the case to the Prime Minister for
decision on suspension of the university’s
activities or dissolution of the university.
Article 56.-
Where a people-founded university is unable to continue
its activities, its Managing Board may ask for permission to dissolve according
to law provisions.
Article 57.-
Where a people-founded university is dissolved, its
Managing Board shall have to deal with consequences thereof according to law
provisions.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Gia Khiem