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MINISTRY OF EDUCATION AND TRAINING
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 38/2010/TT-BGDDT
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Hanoi, December 22, 2010
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CIRCULAR
CONDITIONS, DOCUMENTS, PROCEDURES
FOR OBTAINING PERMISSION FOR PROVISION OF MASTER’S TRAINING AND DOCTORAL TRAINING,
SUSPENSION OF ENROLLMENT, CANCELLATION OF PERMISSIONS FOR PROVISION OF MASTER’S
TRAINING AND DOCTORAL TRAINING IN PARTICULAR DISCIPLINES/MAJORS
Pursuant
to the Law on Education dated June 14, 2005; the Law on Amendments to the Law
on Education dated November 25, 2009;
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 and
ministerial 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 Prime Minister’s Decision No. 58/2010/QD-TTg dated September 22, 2010 on
promulgation of University Charter;
At
the request of Director of Higher Education Department
The
Minister of Education and Training provides for conditions, documents,
procedures for obtaining permission for
provision of master’s training and doctoral training, suspension of enrollment,
cancellation of permissions for provision of master’s training and doctoral
training in particular disciplines/majors as follows:
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1.
This Circular deals with conditions, documents, procedures for obtaining
permission for provision of master’s programs and doctoral programs, suspension
of enrollment, cancellation of permissions for provision of master’s training
and doctoral training in particular disciplines/majors.
2.
This Circular applies to universities, academies, research institutions
(hereinafter referred to as training institutions), Services of Education and
Training, relevant organizations and individuals (hereinafter referred to as
entities).
Article 2. Conditions for obtainment of the license for
master’s training
A
university or academy shall be granted the license for master’s training in a
particular discipline/major when the following conditions are satisfied:
1. The
discipline/major is in the formal university program and at least 2 courses
have been completed.
2.
Applicable regulations on recruitment, university and master’s training
organization and management, and relevant regulations of law are not violated
over the previous 03 years before the application date.
3. The
quantity and quality of lecturers are sufficient to run the master's program in
the discipline/major, particularly:
a)
Full-time lecturers who have at least master’s degrees have participated in at
least 70% of the training program. Lecturers involved in teaching theories of
basic and professional knowledge must have doctorate degrees;
b)
There are at least 05 full-time lecturers that have doctorate degrees in the
discipline being registered, 03 of whom are in the same major.
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a)
There are sufficient classrooms, laboratories, workshops, and testing
facilities with necessary equipment that satisfy requirements of the
discipline/major;
b) The
library has a room for access to information sources (Vietnamese and foreign
magazines, books, textbooks) published within the previous 05 years that
satisfy the requirements for teaching and learning of the training program and
dissertation preparation;
c) The
website of the training institution is regularly updated, on which the
commitment to practical education quality, the practical education quality,
conditions for assurance of education quality, revenues and expenditures are
published.
5. Any
training institution that is capable and experienced in scientific research in
the discipline/major; lecturers that participate in teaching the master’s
program have been in charge of scientific researches at ministerial level or
higher in the discipline/major being registered. Each lecturer must have a
doctorate degree and at least 03 scientific works published on academic
journals on the list of State Council for Title of Professor within the
previous 05 years from the application date.
6.
There is a training program and outline with specific study units of the
program, which is formulated in accordance with Regulation on Master’s training
promulgated by the Ministry of Education and Training.
The
name of the discipline/major is on the List of Disciplines/majors eligible for
master’s training promulgated by the Ministry of Education and Training.
If the
name of the discipline/major is not on the List, the training institution must
provide scientific foundation of for the new discipline/major which have been
approved by Academic Council of the training institution; training experience
of some countries together with the model programs of some universities that
have been assessed overseas.
7.
There is a specialized management unit that satisfies requirements for
management of master’s training activities and has formulated regulations on
master’s training of the training institution.
8. The
discipline/major being registered is conformable for local and national human
resources development planning.
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1. A
university or academy shall be granted the license for doctoral training in a
particular major when the following conditions are satisfied:
a)
Master’s programs in the discipline/major corresponding to the doctoral major
have been run and at least 2 courses have been completed.
b)
Applicable regulations on recruitment, management of university and master’s,
and doctoral training with current disciplines/majors, and relevant regulations
of law are not violated over the previous 03 years before the application date;
c) The
quantity and quality of lecturers are sufficient to run the doctoral program in
the discipline/major being registered, particularly:
- The
training institution is capable of developing and implementing the doctoral
training program, capable of detecting issues that need studying, instructing
postgraduate students to formulate their dissertation topic outlines, prepare
the dissertation, and participate in the Doctoral Dissertation Council;
- There
is at least 01 professor or associate professor and 4 doctors that are fulltime
employees of the training institution, 03 of whom are in the same major being
registered.
d) The
training institution is capable of establishing a Dissertation Assessment
Council and organizing the dissertation assessment in accordance with
applicable Regulation on doctoral training;
dd)
Facilities and equipment are sufficient for doctoral training, particularly:
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There are sufficient laboratories with necessary equipment for postgraduate
students to prepare their dissertation topics; there are places dedicated for
instructors and postgraduate students.
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- The
website of the training institution is regularly updated, on which the
commitment to practical education quality, the practical education quality,
conditions for assurance of education quality, revenues and expenditures are
published;
e) The
training institution has fulfilled scientific research objectives, at least 05
of which are scientific researches at national, Minister, or province levels;
or have fulfilled scientific research objectives with high quality.
The
training institution is experienced in training scientific researchers;
regularly holds scientific seminars and conventions.
The
lecturers that participate in the doctoral training program have been in charge
of ministerial scientific projects or higher in the major being registered.
Each lecturer must have a doctorate degree and at least 03 scientific works
published on academic journals on the list of State Council for Title of
Professor within the previous 05 years from the application date.
g) The
training institution has cooperated with other universities in the world in
training and science and technology activities;
h)
There is a training program and outline with specific study units of the
program, which is formulated in accordance with Regulation on Doctoral training
promulgated by the Ministry of Education and Training.
The
major is on the List of majors eligible for doctoral training promulgated by
the Ministry of Education and Training.
If the
major is not on the List, the training institution must provide scientific
foundation of for the new major which have been approved by Academic Council of
the training institution; training experience of some countries together with
the model programs of some universities that have been assessed overseas.
i)
There is a specialized management unit that satisfies requirements for
management of master’s training activities and has formulated regulations on
doctoral training of the training institution.
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Article 4. The power to decide permission for master’s
training and doctorate training in particular disciplines/majors
1. The
Minister of Education and Training shall permit a training institution to
provide master’s training and doctoral training in a particular
discipline/major when the conditions prescribed in Article 2 and Article 3
hereof are satisfied.
2.
Special cases shall be considered by Minister of Education and Training.
Article 5. Application for permission for master’s training
and doctorate training in a particular discipline/major
When
the conditions for master’s training and doctorate training prescribed in
Article 2 and Article 3 hereof are satisfied, the training institution shall
compile an application which consists of:
1. An
application form for permission for master’s training or doctorate training in
a particular discipline/major (Appendix I).
2. A
master’s training project or doctoral training project for the discipline/major
according to Appendix II, which contains: The necessity of the project;
foundations for the project; training target, eligible students; capacity of
the training institution; training program and training plan for the
discipline/major, and evidence enclosed.
3. An
approval record of Academic Council of the training institution.
4. A
record on inspection of full-time lecturers, equipment, library serving the
master’s or doctoral training issued by the Service of Education and Training.
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The
application shall be made into 03 sets (for master’s training) or 04 sets (for
doctoral training).
Article 6. Procedures for granting permission for master’s
training and doctoral training
1. The
training institution shall send 03 sets of application to the Service of
Education and Training of the same province requesting inspection and
certification of the practical conditions in terms of fulltime lecturers,
training equipment, and the library. A written request shall be sent to the
Board of Directors for permission to assess the training program itself or
appointment of a reputable training institution to assess the training program.
2.
Inspection and confirmation of practical conditions
Within
15 working days from the day on which full and valid documents are received,
the Director of the Service of Education and Training shall establish an
inspectorate. The inspectorate consists of: 01 representative of the Board of
Directors of the Services of Education and Training who acts as the chief, 01
representative of the personnel department, and 01 expert who acts as the
secretary).
The
inspectorate shall carry out the inspection, compare information in the
application with practical conditions such as: the payroll, insurance books of
lecturers, qualifications and certificates of lecturers, equipment, library
serving training in the major being registered, and then issue an inspection
record.
The
inspection record must bear the signatures, full names of the chief of the
inspectorate and the head of the training institution, the seal of the Service
of Education and Training and the training institution. The inspection record
shall be made into 06 copies. 01 copy shall be kept by the Service of Education
and Training, 01 copy by the training institution, and 04 copies enclosed with
the application.
According
to the inspection record, the Director of the Service of Education and Training
shall certify the practical conditions on the reports on the training
institution’s capacity (Appendix III) in the application.
3.
Training program assessment
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a) If
the training institution is permitted to assess the training program itself,
the head of the training institution shall establish an assessment council and
hold meetings to assess the training program;
b) If
the training institution is not permitted to assess the training program
itself, the training institution shall send 05 sets of the training program to
the training institution appointed by the Ministry of Education and Training
(hereinafter referred to as assessing institution) for assessment. Within 30
working days from the day on which the assessing institution receives the
training program, its head shall establish an assessment council and hold
meetings to assess the program.
c) The
assessment council consists of 05 members, including professors, associate
professors, doctors of philosophy or doctors of science in the discipline/major
being registered. The assessment council shall consist of the Chairperson, two
critics, secretary, and members.
d)
Contents and formalities of meetings of the assessment council are specified in
Appendix VI enclosed herewith.
After
listening to the report of the representative of the applying institution,
members of the council shall ask questions, the training institution shall
respond, and then council members shall discuss and hold a ballot.
An
assessment record shall be made by the assessment council. The record must bear
signatures and full names of the Chairperson, the secretary, and the seal of
the training institution. The assessment record shall be made into 06 copies.
01 copy shall be kept by the assessing institution, 05 copies shall be sent to
the applying institution (01 copy is kept and 04 copies are enclosed with the
application).
The head
of the assessing institution shall certify on the record made by the assessment
council and the training program (Appendix IV) in the application.
4. The
cost for inspection and assessment shall be covered by the applying institution
according to applicable regulations.
5.
After following the steps in Clause 1, Clause 2, and Clause 3 of this Article,
the applying training institution shall send the application to the Ministry of
Education and Training.
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- If
the application satisfies all conditions and is considered satisfactory, the
Minister of Education and Training shall issue a written permission for
master’s training or doctoral training in a particular discipline/major.
- If
the application satisfies some conditions but some issues still need resolving,
the Minister of Education and Training shall send a written notification of the
assessment result and the issues that need resolving to the training
institution.
- If
the application is not satisfactory, the Minister of Education and Training
shall send a written notification to the training institution and request the
training institution to keep improving the conditions.
The
Ministry of Education and Training shall carry out another assessment at the
training institution where necessary.
b)
Within 15 working days from the day on which the satisfactory application is
received, the Minister of Education and Training shall issue a written permission
for master’s training or doctoral training in the particular discipline/major.
Article 7. Suspension of enrollment
1. A
training institution shall be suspended from enrollment for master’ training or
doctoral training in a discipline/major in one of the following cases:
a) Any
of the conditions for master’s training or doctoral training prescribed in
Article 2 and Article 3 hereof is not satisfied;
b) No
students are enrolled for 03 consecutive years;
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d) A
violation against regulations on educations that leads to suspension is
committed;
dd)
Other cases prescribed by law.
2. The
decision on suspension of enrollment must specify the reasons for suspension,
the duration of suspension, and measures for ensuring the interests of students
and lecturers.
3. The
Minister of Education and Training shall decide suspensions of enrollments.
4. After
the suspension period expires, if the reasons for suspension are eliminated,
the Minister of Education and Training shall permit the training institution to
continue the enrollment.
Article 8. Cancellation of permission for master’s training
or doctoral training in particular disciplines/majors
1. The
training institution shall have the permission for master’s training or
doctoral training in a particular discipline/major cancelled in one of the
following cases:
a)
Fraud is committed to obtain permission for master’s training or doctoral
training in a particular discipline/major;
b)
Serious violations against regulations on organization, management of master’s
training or doctoral training are committed;
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d)
Quality inspection results are not satisfactory (inspection at the training
institution, inspection of the training program) according to regulations of
the Ministry of Education and Training;
dd)
Violation against regulations on educations that leads to cancellation of
permission is committed;
e)
Other cases prescribed by law.
2. The
decision on cancellation of permission for training must specify the reasons
for cancellation and measures for ensuring the interests of students and
lecturers.
3. The
Minister of Education and Training shall issue decisions on cancellation of
permission for training.
Article 9. Responsibilities of training institutions
1.
Ensure the truthfulness and accuracy of the application for permission for
master’s training or doctoral training in a particular discipline/major.
2.
Provide sufficient information, documents, and evidence at the request of the
inspectorate or assessment council
3.
Carry out internal inspection as prescribed by law; facilitate inspection and
supervision by the Ministry of Education and Training and competent authorities
with regard to assurance of training quality of master’s training or doctoral
training in a particular discipline/major.
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5. The
head of the training institution is responsible for fulfillment of conditions
for master’s training or doctoral training of the institution.
Article 10. Responsibilities and entitlements of Services
of Education and Training
1.
Carry out inspections and certify conditions of the applying training
institution in terms of fulltime lecturers, training equipment, and the
library.
2.
Examine documents related to fulltime lecturers, training equipment, and the
library of the training institution; request the training institution to
provide relevant documents and information.
3.
Take responsibility for the truthfulness and accuracy of field inspection
results.
4.
Facilitate inspection and supervision by the Ministry of Education and Training
and competent authorities with regard to field inspection results.
Article 11. Responsibilities and entitlements of training
institutions appointed to assess training programs
1.
Assess master’s and doctoral training programs of training institutions in
accordance with applicable regulations when being appointed by the Ministry of
Education and Training.
2.
Examine documents related to development of training programs; request training
institutions to provide relevant documents and information.
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4.
Facilitate inspection and supervision by the Ministry of Education and Training
and competent authorities with regard to assessment results.
Article 12. Responsibilities of units affiliated to the
Ministry of Education and Training
Higher
Education Department shall take charge and cooperate with Planning – Finance
Department, Science, Technology, and Environment Department, and relevant units
in:
1. Examine
applications and fulfillment of conditions for permission for master’s training
or doctoral training in particular disciplines/majors of training institutions.
2.
Provide instructions, supervise the provision of master’s training or doctoral
training the registered particular disciplines/majors according to plan to
assure quality.
3.
Provide instructions, supervise the inspections, and certify fulfillment of
conditions of training institutions, assessment of training institutions by
appointed institutions.
Article 13. Effects
1.
This Circular takes effect on February 07, 2010.
2.
Article 4 and Article 5 of Decision No. 45/2008/QD-BGDDT dated August 05, 2008
of the Minister of Education and Training promulgating Regulation on master’s
training; Article 4, Article 5, and Article 6 of Circular No. 10/2009/TT-BGDDT
dated May 07, 2009 of the Minister of Education and Training promulgating
Regulation on doctoral training.
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Article 14. Implementation
Chief
of the Ministry Office, Director of Higher Education Department, heads of
relevant units affiliated to the Ministry of Education and Training,
universities, academies, research institutions, Services of Education and
Training are responsible for implementation of this Circular.
MINISTER
Pham Vu Luan