Circular 10/2020/TT-BGDDT organizational and operational regulation of regional parent universities

• Official number: 10/2020/TT-BGDDT
• Legislation Type: Circular
• Organization: The Ministry of Education and Training
• Signer: Nguyen Van Phuc
• Issued Date: 14/05/2020

MINISTRY OF EDUCATION AND TRAINING -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 10/2020/TT-BGDDT	Hanoi, May 14, 2020

CIRCULAR

PROMULGATING ORGANIZATIONAL AND OPERATIONAL REGULATION OF REGIONAL PARENT UNIVERSITIES AND CONSTITUENT HIGHER EDUCATION INSTITUTIONS THEREOF

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;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 on functions, duties, powers and organizational structure of Ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 69/2017/ND-CP dated May 25, 2017 on functions, duties, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government’s Decree No. 141/2013/ND-CP dated October 24, 2013 detailing and providing guidelines for a number of Articles of the Law on High Education;

Pursuant to the Government's Decree No. 99/2019/ND-CP dated December 30, 2019 elaborating and providing guidelines for a number of Articles of the Law on Amendments to Law on Higher Education;

At the request of the Head of the Human Resources Department,

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Article 1. Promulgated together with this Circular is the organizational and operational regulation of regional parent universities and constituent higher education institutions thereof (hereinafter referred to as “Regulation”).

Article 2. This Circular comes into force from June 29, 2020 and supersedes Circular No. 08/2014/TT-BGDDT dated March 20, 2014 by the Minister of Education and Training promulgating organizational and operational regulation of regional parent universities and constituent higher education institutions thereof.

Article 3. Head of Office of the Ministry of Education and Training, Head of the Human Resources Department, heads of relevant affiliates of the Ministry of Education, Thai Nguyen University, Hue University and Da Nang University and constituent higher education institutions thereof, and relevant organizations and individuals shall implement this Circular./.

P.P. THE MINISTER
THE DEPUTY MINISTER




Nguyen Van Phuc

ORGANIZATIONAL AND OPERATIONAL REGULATION

OF REGIONAL PARENT UNIVERSITIES AND CONSTITUENT HIGHER EDUCATION INSTITUTIONS THEREOF
(Enclosed with Circular No. 10/2020/TT-BGDDT dated May 14, 2020 by Minister of Education and Training)

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GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Regulation provides for organization and operation of regional parent universities and constituent higher education institutions thereof, including organization and personnel, training activities, scientific and technological activities, international cooperation, educational quality assurance and accreditation, finance, property, work relationships, informing and reporting requirements and inspection.

2. This Regulation is applicable to Thai Nguyen University, Hue University and Da Nang University (hereinafter collectively referred to as “regional parent universities”) and constituent higher education institutions thereof; and relevant regulatory bodies, organizations and individuals.

3. Constituent higher education institutions of regional parent universities shall abide by regulations in the Law on High Education; Law on Amendments to Law on Higher Education; and the Government's Decree No. 99/2019/ND-CP dated December 30, 2019 elaborating and providing guidelines for a number of Articles of the Law on Amendments to Law on Higher Education (hereinafter referred to as “Decree No. 99/2019/ND-CP”), relevant regulations of laws and this Regulation.

Article 2. Position and functions of regional parent universities

1. A regional parent university is a public higher education institution that is affiliated to the Ministry of Education and Training, has each set of its premises managed by the People's Committee of the province where such set is located; and possesses legal status and a separate seal and account.

2. Functions of a regional parent university comprise training provision, multidisciplinary technological - scientific research and community service.

Article 3. Organizations of the Communist Party, mass organizations and social organizations

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Chapter II

ORGANIZATION AND PERSONNEL

Article 4. Organizational structure of regional parent universities

The organizational structure of a regional parent university consists of the following components as provided for in Clause 9 Article 1 of the Law on Amendments to Law on Higher Education (amending Article 15 of the Law on Higher Education):

1. Regional parent university council

2. Regional parent university director and deputy directors

3. Science and training council; and other councils (if any)

4. Constituent universities, constituent research institutes (if any); schools affiliated to the regional parent university, functional departments; science and technology organizations, libraries and other organizations of service to training activities.

5. Faculties, branches, research institutes, centers, service establishments, enterprises, business establishments and other units (if any) based on the regional parent university’s development goals.

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1. Procedures for establishment and recognition of regional parent university councils; and for recognition and dismissal of chairpersons and other members of regional parent university councils are provided for in Article 9 of Decree No. 99/2019/ND-CP.

2. In addition to the responsibilities and powers stated in the Law on Amendments to Law on Higher Education and Decree No. 99/2019/ND-CP, a regional parent university council has the following responsibilities and powers:

a) Stipulate criteria, number of tenures and authorization procedure for the council chairperson; criteria, duties, powers and election and dismissal procedures for council deputy chairpersons (if any) and council secretaries; number of council members and organizational structure of the council; council member adding and replacement; and the method by which the council decides each type of activity;

b) Stipulate the procedure for decision on the regional parent university director and procedures for decision on other managerial titles that are within the competence of the regional parent university; bases and procedure for dismissal of the regional parent university director; number of deputies whose appointment is within the competence of the regional parent university; maximum tenure of the regional parent university director, deputy directors and other managerial titles of affiliates of the regional parent university;

c) Provide for the operating budget, standing bodies, controlling bodies and assisting apparatus of the regional parent university council, composition of delegates and procedure for organization of conferences of delegates of the regional parent university and other matters at the request of the regional parent university council;

d) Provide for division of responsibilities and powers between the council and the director of the regional parent university; relationship between the regional parent university council and councils of autonomous affiliates and member universities of the regional parent university.

dd) Regulate assignment of representatives of the regional parent university to join councils of member universities.

Article 6. Regional parent university director

1. The regional parent university council has the power to decide on the regional parent university director and propose the recognition/dismissal decision to the Minister of Education and Training for issuance according to regulations.

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3. The regional parent university director may promulgate list of work positions of affiliates of the regional parent university and criteria and working conditions of each position in accordance with the law and with the approval of the regional parent university council; decide to grant the titles of professor and associate professor to qualified lecturers of affiliates of the regional parent university as prescribed by law.

4. The regional parent university director may decide to assign or change the job titles of all lecturers, principal lecturers, researchers, principal researchers, officials and principal officials of the regional parent university in compliance with regulations of law.

5. The regional parent university director may decide employment extension, regular pay raise and retirement for senior lecturers at the request of member units and affiliates of the regional parent university as assigned by the Minister of Education and Training and prescribed by law.

Article 7. Regional parent university deputy directors

1. Each regional parent university deputy director shall be appointed and dismissed by the regional parent university council at the request of the regional parent university director. Tenure of a regional parent university deputy director shall be decided by the regional parent university council and not exceed the tenure of such council.

2. Requirements for a regional parent university deputy director shall be the same as those for the regional parent university director. Each regional parent university deputy director shall assume the duties assigned by the regional parent university director.

Article 8. Member units of regional parent universities

1. Member units of a regional parent university comprise constituent research institutes and universities having legal status and established by the Prime Minister under the law; these member units may enjoy autonomy regarding their organizational structure and operation according to regulations of law and this Regulation.

2. Organizational structure of constituent universities of a regional parent university is provided for in Clause 8 Article 1 of the Law on Amendments to Law on Higher Education (amending Article 14 of the Law on Higher Education); councils of constituent universities of a regional parent university are provided for in Clause 10 Article 1 of the Law on Amendments to Law on Higher Education (amending Article 16 of the Law on Higher Education), Clause 8 Article 7 of Decree No. 99/2019/ND-CP and this Regulation; principals of constituent universities of a regional parent university are provided for in Clause 14 Article 1 of the Law on Amendments to Law on Higher Education (amending Article 20 of the Law on Higher Education), and decision on granting of professor and associate professor titles to qualified lecturers is provided for by regulations of law and this Regulation.

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Article 9. Affiliates of regional parent universities

1. Affiliates of a regional parent universities are provided for in the Law on Amendments to Law on Higher Education, Decree No. 99/2019/ND-CP and relevant regulations of law.

2. The regional parent university director has the power to promulgate regulations on functions, duties, powers and organizational structure of affiliates of the regional parent university in compliance with the law and with the approval of the regional parent university council.

Article 10. Public employees and workers of regional parent universities

1. Public employees and workers of a regional parent university and member units and affiliates thereof constitute the common workforce of the regional parent university; and shall perform the tasks assigned by their respective supervisory units; contribute to fulfillment of the regional parent university’s duties; and have the rights and duties prescribed by law.

2. The regional parent university director has the power to promulgate regulations on public employee employment and management applicable throughout the regional parent university in compliance with the law and with the approval of the regional parent university council.

Chapter III

TRAINING ACTIVITIES

Article 11. Provision of training in new academic disciplines and international cooperation in training

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2. Member universities of a regional parent university may independently decide to provide a new undergraduate, graduate or doctorate program or cooperate with another country in providing such program in compliance with regulations in Point e Clause 1 Article 13 of Decree No. 99/2019/ND-CP and in consistence with the regional parent university’s annual plans and development plans/strategies.

Article 12. Training programs and textbooks

1. Regional parent universities have the power to decide promulgation of undergraduate, graduate and doctorate programs of their affiliates; organize compilation or selection of higher education textbooks of their affiliates and approve such textbooks as regulated.

2. Member units of regional parent universities have the power to decide promulgation of undergraduate, graduate and doctorate programs; organize compilation or selection of their higher education textbooks and approve such textbooks as regulated.

Article 13. Admission

Each regional parent university may self-decide its admission method(s) and shall take responsibility for its own admission process while acting as the body in charge of the admission process of all of its member units and affiliates. Depending on the society’s demand and resources of the whole regional parent university, the regional parent university shall direct, provide guidelines for, compile and report the admission quota of its member units and affiliates to the Ministry of Education and Training according to regulations.

Article 14. Organization and management of training activities

1. The regional parent university shall organize and manage training activities of its member units and affiliates as regulated; and supervise and inspect organization and management of training activities of its member units as regulated.

2. Member units of a regional parent university shall organize and manage its training activities as regulated; and report results of these duties to the regional parent university as regulated.

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Regional parent universities and their member units shall design specimens of higher education degrees/diplomas, print blank degrees/diplomas and certificates, and confer and manage degrees/diplomas and certificates according to regulations of the Ministry of Education and Training.

Article 16. Learners

1. Regional parent universities shall formulate and promulgate regulations for their learners in consistence with regulations of law.

2. A regional parent university may admit Vietnamese and foreign learners from other educational institutions who wish to study and/or conduct research at the regional parent university in compliance with the law.

3. Duties, rights and policies applicable to learners of regional parent universities are provided for by regulations of law.

Chapter IV

SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

Article 17. Formulation of innovation and science - technology development plans

1. The regional parent university shall formulate and promulgate its 5-year and annual innovation and science - technology development plans based on the strategies for socio-economic, education and training, and science and technology development of its region.

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3. Member units of the regional parent university shall formulate and submit their 5-year and annual innovation and science - technology development plans to the regional parent university to have them incorporated into the general plan; compile proposals for grassroots-level scientific and technological tasks, and determine, select and approve such tasks.

Article 18. Organization and management of scientific and technological activities

1. Each regional parent university shall promulgate regulations on its innovation and scientific and technological activities in consistence with existing regulations; inspect, evaluate and summarize implementation of its innovation and science - technology development plans, including implementation of its member units’ plans.

2. Regional parent universities shall organize and manage ministerial-level scientific and technological tasks of the Ministry of Education and Training assigned by the Minister of Education and Training. Regional parent universities shall assign their members to organize and manage scientific and technological tasks at regional parent university and grassroots levels as per regulations of each regional parent university. A scientific and technological task at regional parent university level may be recognized as of ministerial level when it satisfies all requirements of the corresponding ministerial-level scientific and technological task.

3. Take charge in transfer of technologies and scientific research results according to regulations of the Law on Technology Transfer; and identify the intellectual property rights of relevant parties as per the Law on Intellectual Property.

4. Mobilize scientific and technological resources for orders placed by the State as per existing regulations.

5. Cooperate in technology transfer and research with higher education institutions, research institutes, enterprises, local governments and other domestic and foreign organizations according to existing regulations.

6. Develop and manage investment projects, projects on research capacity enhancement and projects on facility and equipment maintenance and on management of shared testing centers, libraries and laboratories as per existing regulations of the State and of each regional parent university.

7. Regional parent universities shall develop information systems, libraries and databases for science and technology towards smart parent universities, innovation and entrepreneurship; and manage and provide science and technology information sources. Science and technology databases of regional parent universities shall have different levels of access and management and be connected with the national science and technology database and used in accordance with existing regulations.

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INTERNATIONAL COOPERATION

Article 19. Duties and powers of regional parent universities

1. Formulate and promulgate regulations on management of their international cooperation activities in accordance with regulations of laws; and provide guidelines on implementation of regulations on international cooperation for their member units.

2. Develop plans for their international cooperation activities, negotiate, sign and execute agreements on international cooperation in education, training, scientific research and technology transfer; and manage and launch international cooperation programs and projects as prescribed by law.

3. Directly carry out entry and exit procedures for their foreign public employees, learners and visitors with competent authorities as prescribed by law.

4. Manage public employees and learners who study, undertake internships, teach, conduct scientific research and/or participate in academic exchanges, conferences, seminars and other international cooperation activities overseas as per the law.

5. Manage foreign organizations, individuals and visiting groups and overseas Vietnamese coming to regional parent universities to teach, study, conduct scientific research, transfer technologies and/or exchange teaching experience in compliance with the law.

6. Cooperate with relevant units in carrying out international cooperation activities effectively, ensuring security during such activities and performing other international cooperation tasks as prescribed by law.

Article 20. Duties and powers of member units

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Chapter VI

EDUCATIONAL QUALITY ASSURANCE AND ACCREDITATION

Article 21. Duties and powers of regional parent universities

1. Fulfill their responsibilities for educational quality assurance; fulfill the duties and exercise the powers concerning educational quality accreditation according to regulations in the Law on Higher Education, Law on Amendments to Law on Higher Education and relevant regulations of law.

2. Promulgate internal guidelines and regulations on educational quality assurance and assessment criteria appropriate to each regional parent university’s characteristics and in compliance with regulations of the Ministry of Education and Training.

3. Formulate plans and develop systems for quality assurance in higher education institutions based on the missions, objectives and actual capacity of each regional parent university; direct and provide guidelines for their member units and affiliates to launch such plans and systems; and inspect and evaluate implementation of such plans.

4. Assist their member units and affiliates with applying to legal accreditation organizations for educational quality accreditation.

Article 22. Duties and powers of member units

1. Fulfill the duties and exercise the powers concerning educational quality assurance and accreditation according to regulations in the Law on Higher Education, Law on Amendments to Law on Higher Education, and regulations of the Ministry of Education and Training and their respective regional parent universities.

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Chapter VII

FINANCE AND PROPERTY

Article 23. Duties and powers of regional parent universities

A regional parent university has the following duties and powers:

1. Monitor, compile and report all of its financial sources and take responsibility before the Ministry of Education and Training for management of all of its financial sources.

2. Appraise, compile and propose plans for classification of autonomy levels of itself and its member units and affiliates, and submit such plans to the Ministry of Education and Training for consideration and approval.

3. Manage databases for plans, finance, property, investment and bidding consistently throughout the whole regional parent university.

4. Promulgate its financial regulation in compliance with regulations, standards and norms of law to ensure consistent revenue and expenditure rules; and rules of distribution and regulation of its service revenues and funds and those of its members and affiliates to contribute to its common missions and support its member units and affiliates with the approval of the Ministry of Education and Training. Its director shall promulgate its internal expenditure regulation based on its finance regulation.

5. Formulate, compile and appraise annual and medium-term budget estimates and financial plans of itself and of its members and affiliates, and report these estimates and plans to the Ministry of Education and Training for appraisal and allocation of the funding it proposes and in accordance with existing regulations.

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7. Decide types of revenues and collection rates thereof of member units and affiliates capable of covering a part of their recurrent expenditures as per the law; for units capable of covering their recurrent expenditures and investment expenditures, units capable of covering their recurrent expenditures may decide their tuition rates and rates of other types of revenues according to regulations in Clause 33 Article 1 of the Law on Amendments to Law on Higher Education (amending Article 65 of the Law on Higher Education).

8. Fulfill orders or contracts for public service/product provision assigned by the Ministry of Education and Training using allocated funding and other legal funding sources (if any).

9. Appraise and approve payment settlement reports, financial reports and payment settlement notifications of itself and its member units and affiliates; and consolidate all of such payment settlement reports and financial reports. Provide guidelines for, inspect and monitor funding and property management and use by its member units and affiliates and handle violations against regulations on these tasks intra vires as per the law.

10. Decide public property purchase, rental, return, transfer, selling and liquidation according to existing regulations on competence in public property management and use of the regional parent university and service providers affiliated thereto. For matters concerning public property beyond the competence of the regional parent university or member units and affiliates thereof (including schemes for use of public property for commercial and leasing purposes from such member units and affiliates), the regional parent university shall take charge in submitting a consolidated report to the Ministry of Education and Training for consideration and decision per regulations of the Law on Public Property.

11. Act as the investor of projects on equipment and technological line purchase, intensive investment, repair, upgrade, renovation or building, and investment based on its development strategies, plans and planning.

12. Decide investment guidelines and decisions of programs and projects funded by revenues legally collected for investment purpose of the regional parent university and member units and affiliates thereof in accordance with regulations of law on public investment.

13. Perform other tasks concerning finance and property as per the law and as permitted by the Ministry of Education and Training based on the tasks assigned and its own capacity.

Article 24. Duties and powers of member units and affiliates of regional parent universities

A member unit or an affiliate of a regional parent university has the following duties and powers:

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2. Formulate and promulgate its own financial regulation based on the financial regulation of the regional parent university with the approval of the regional parent university council, and offer its opinions to the regional parent university on the basis of democracy and transparency.

3. Formulate its estimate independently, take responsibility for such estimate and adhere to the approved estimate in accordance with existing regulations; mobilize, develop, manage and use financial sources and service revenues effectively in compliance with regulations of law.

4. Formulate and submit periodical budget settlement reports and financial reports to the regional parent university according to existing accounting regulations.

5. Intra vires decide public property purchase, rental, return, transfer, selling, liquidation, disposal and handling according to regulations and within its competence in public property management and use; formulate and submit schemes for use of public property for commercial and leasing purposes to the regional parent university, which shall submit a consolidated report to the Ministry of Education and Training for intra vires approval; and promulgate and implement regulation of management and use of public property under its management.

6. Act as the investor of purchase, intensive investment, repair, upgrade, renovation or building, and investment projects (regardless of funding sources) for equipment and technological lines for its own use that are not included in development strategies, plans and planning of the regional parent university.

7. Build, manage and operate technical facilities assigned. Privatize technical facility building and development as appropriate to its functions and duties and in compliance with regulations of law.

8. Perform other tasks concerning property and finance as prescribed by law and assigned by the regional parent university.

Chapter VIII

WORK RELATIONSHIPS, INFORMING AND REPORTING REQUIREMENTS AND INSPECTION

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1. Regional parent universities and their member units shall cooperate with local governments and other domestic service providers and enterprises in determining demands for training and scientific research and in connecting training and scientific research with jobs and post-graduate employment; signing training and technological and scientific research agreements; applying new technological and scientific achievements in business operation and daily life; advising local governments and enterprises on formulating important socio-economic development projects, programs, policies, plans, planning and strategies.

2. Member units of a regional parent university shall proactively cooperate with their regional parent university in resolving issues regarding the organizational structure and/or operation of a member unit with the regulatory bodies, units and People's Committees of the locality where the concerned member unit is located.

Article 26. Informing and reporting requirements

1. Regional parent universities and their member units shall abide by regulations on use of emails and websites or web portals from the Ministry of Education and Training.

2. Regional parent universities shall submit written task performance reports to the Ministry of Education and Training and submit statistics, information and reports on other areas to the Ministry of Education and Training and relevant regulatory bodies at the end of the academic year or on an ad hoc basis according to regulations.

Article 27. Inspection

1. Inspectorate of the Ministry of Education and Training shall inspect regional parent universities in accordance with its duties and powers concerning administrative inspection and specialized inspection of higher education.

2. Regional parent universities shall have their compliance with this Regulation and laws and policies on higher education inspected by the Ministry of Education and Training, Government Inspectorate, other ministries and local governments as per the law.

3. Regional parent universities shall self-inspect their member units and affiliates, and settle complaints and denunciations concerning and prevent corruption within their member units and affiliates as prescribed by law.

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