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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Law
No. 08/2012/QH13
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Hanoi,
June 18, 2012
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LAW
ON
HIGHER EDUCATION
Pursuant to the Constitution 1992 of the Socialist Republic
of Vietnam amended and supplemented under the Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Higher
Education.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law specifies the organization, duties and authority of
higher education institutions, the activities of training, science and
technology, international cooperation, higher education quality assessment and
assurance, the lecturers, the students, the higher education institutions
property and finance, and the State management of higher education.
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This Law is applicable to colleges, universities, academies,
regional universities, national universities, scientific
research institutes eligible for doctorate training, other organizations and
individuals related to higher education.
Article 3. The application of the Law on
Higher Education.
The organization and operation of higher education
institutions and higher education management agencies must comply with this
Law, the Law on Education and other relevant law provisions.
Article 4. Interpretation of terms
In this Law, the following terms are construed as follows:
1. Formal education is the form of education in which
full-time courses are provided at higher education institutions in order to
implement a training program at a certain level of higher education.
2. Continuing education, including in-service training and
distance learning, is the form of education in which the classes and courses
are provided at higher education institutions or associate education facilities
depending on the students’ demand in order to implement a college or university
training program.
3. A training profession is a collection of knowledge and
professional skills of a certain profession or science. A training
profession includes various majors.
4. A majors is a collection of advanced professional skills
and knowledge of a profession.
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6. The skill and knowledge standards of the training program
is the minimum requirement for knowledge and skills that a student must obtain
after completing the training program
7. Non-profit foreign-capitalized higher education
institutions and private higher education institutions are higher education
institutions of which the cumulative annual profit is not shared but to
reinvest in the higher education institution development; the shareholders or
contributors do not receive dividend or the dividend does not exceed the
interest rate of the Government ‘s bonds.
8. Universities are higher education institutions including
the colleges, universities, affiliated scientific research institutes belonging
to different fields, separated into two levels for higher education.
Article 5. The target of higher education
1. General target:
a) Training human resources, enhancing people’s intelligence;
doing science and technology researches in order to create knowledge and new
products serving the socio-economic development, assure National defense and
security and international integration;
b) Training students that possess political quality, ethics;
possess knowledge and professional practical skills, possess capability of
researching and applying science and technology corresponding to their grade;
possess creativity, professional responsibility and adaptability to the working
conditions; aware of
2. Specific target of college education, university education,
master’s and doctorate programs:
a) The college education provides students with the basic
professional knowledge and proficient practical skills, the ability to
understand the impacts of natural law principles on real life and the ability
to solve the usual problems related to the trained profession;
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c) The master’s program provides students with fundamental
scientific knowledge and advanced research skills of a certain science or a certain
profession, with the ability to work independently, creatively and the
capability of detecting and solving the problems related to the trained
profession;
d) The doctorate program provides the graduate students with
advanced knowledge of theoretical and practical skills, with the ability to do
researches independently and creatively in order to develop new knowledge,
discover new natural—social laws and principles, solve new scientific and
technological problems, guide the science research and professional activities.
Article 6. The levels and training forms
of higher education
1. The levels of higher education include: college,
university, master’s and doctorate.
The Minister of Education and Training shall cooperate with
other Ministries and Heads of ministerial-level agencies to specify the
training of practical skills and advanced application for the graduates in a
number of special profession.
2. The levels of higher education are provided in 2 forms
being formal education and continuing education.
Article 7. Higher education institutions
1. The higher education institutions in the national
educational system include:
a) Colleges;
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c) Local universities, national universities (hereinafter
referred to as universities);
d) Scientific research institutes eligible of doctorate
training.
2. The Vietnam’s higher education institutions are organized
in the following forms:
a) State-owned public higher education institutions of which
the facilities are invested and built by the State;
b) Private higher education institutions possessed by social
organizations, socio-professional organizations, private economic organizations
or individuals, invested and built by social organizations, socio-professional
organizations, private economic organizations or individuals.
3. Higher education institutions invested by foreigners
include:
a) Higher education institutions 100% invested by foreigners
b) Joint higher education institutions invested by foreigners
and domestic investors.
Article 8. National universities
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2. National universities have the initiative in the activities
of training, doing scientific, financial, international relation research and
organize their own structure. National universities are under the State
management of the Ministry of Education and Training, or the Ministries and
sectors, People’s Committees all levels where the national universities are
located as prescribed by the Government and law provisions.
National universities are entitled to directly work with
Ministries, ministerial-level agencies, Governmental agencies, People’s
Committees of central-affiliated cities and provinces to solve the issues
related to the national universities. If necessary, the directors of national
universities shall send reports to the Prime Minister on the issues related to
the operation and development of national universities.
3. The council president, the director and deputy director of
a national university is designated and discharged by the Prime Minister.
4. The Government shall specify the functions, tasks and power
of national universities.
Article 9. Higher education institution
classification
1. Higher education institutions are classified in order to
serve the higher education institution network planning consistent with the
socio-economic development requirements and the plan for developing and
improving the capability of scientific research and training of the higher
education institutions; perform the State management.
2. The higher education institutions are ranked in order to
assess the prestige and quality, serving the State management and investment priority
for the State budget.
3. The higher education institution are classified and ranked
under the following criteria:
a) Their positions and roles in the higher education system;
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c) Their science, technology and training mechanism;
d) The quality of training and scientific research;
dd) The higher education quality assessment results.
4. The higher education institution are classified into
a) Higher education institutions towards research;
b) Higher education institutions towards application;
c) Higher education institutions towards practice;
5. The Government shall specify the standards of higher
education institution classification; promulgate the higher education
institution ranking bracket of each class and the standards of each rank in the
bracket serving the State management and the priority of investment in higher
education from the State budget.
The Prime Minister shall accredit the rankings of
universities; the Minister of Education and Training shall accredit the
rankings of colleges. Depending on the rankings, competent State management
agencies shall make decisions on the plan of investment priority, the
objectives and special management mechanism of the higher education institutions
consistent with the demands for the workforce and the national socio-economic
development in each period.
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Article 10. Language in higher education
institutions
Vietnamese is the official language in higher education
institutions
Basing on the Prime Minister’s provision, the higher education
institutions shall make decisions on using foreign languages in school.
Article 11. Higher education institution
network planning
1. Higher education institution network planning is the
arrangement of the system of colleges, universities, academies with appropriate
professions and training levels for the population, geographical locations
nationwide and locally in each period, consistent with the strategy for
socio-economic development and National defense and security.
2. Principles of higher education institution network planning
a) Consistent with the strategy and planning for
socio-economic development of the country, the sectors and the localities;
assuring the profession structure, level structure and locality structure;
satisfying the people’s demand for education;
b) Assuring the diversity and uniformity of the higher
education system, combining training with scientific research, production and
services; step by step enhance the training quality, serving the
industrialization, modernization and international integration.
c) Consistent with the investment capability of the State and
the resource mobilization of the society; creating favorable conditions for
everyone to participate in the higher education institution construction.
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3. The higher education institution network planning include
the following contents:
a) The higher education system framework and the training
scale by profession, training level and form of higher education institutions;
b) Locating higher education institutions basing on their
properties and the local socio-economic characteristics;
c) The teaching staff and education management staff;
d) Material and technical facilities.
4. The Prime Minister shall approve the higher education
institution network planning.
Article 12. The State policies on higher
education development
1. Higher education development for training the qualified and
quality workforce in order to satisfy the demand for socio-economic development
and assure the National defense and security.
2. Increasing the budget for higher education; concentrating
the investment in high quality higher education institutions towards basic
science, hi-tech and key socio-economic professions in order to reach the
world-class level.
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4. Combining training with research and application of science
and technology; boosting the cooperation between higher education institutions,
scientific research organizations and enterprises.
5. The foreign shall place orders and assure the budget for
the fulfillment of scientific and technological duties of higher education
institutions that show high potential of science and technology.
6. Agencies, organizations and enterprises are entitled and
responsible for receiving and facilitating the lecturers’ and students’ study,
practice, scientific research and technology transfers, contributing to the
training quality improvement.
7. Formulating appropriate attraction and benefit policy in
order to built and improve the teaching staff’s quality, concentrate on the
teaching staff with PhD degree and associate professor, professor title in
higher education institutions.
8. Implementing the preferential policies on subjects of
social policies, subjects in ethnic areas, areas with poor socio-economic
conditions and the subjects learning special profession satisfying the
workforce demand for socio-economic development; achieving sexual equality in
higher education.
Article 13. The Communist organizations,
and social organizations in higher education institutions
1. The Communist
organizations in higher education institutions are established and operated as
prescribed in the Charter of the Communist Party of Vietnam within the scope of
the Constitution and Law.
2. The social organizations in higher education institutions
are established and operated under the Constitution, the Law and their own
charter.
3. Higher education institutions are responsible for
facilitate the establishment and operation of Communist organizations and
social organizations as prescribed in Clause 1 and Clause 2 this Article.
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ORGANIZATIONS OF HIGHER EDUCATION INSTITUTIONS
Section 1. The organizational structure of
higher education institutions
Article 14. Organizational structure of
colleges, universities and academies
1. The organizational structure of public colleges,
universities includes:
a) The school council;
b) The Principal, Deputy Principal of the college or the
university; the Director, Deputy Director of the academy;
c) Functional Departments;
d) Faculty, academic department; science and technology
organizations;
dd) Other organizations serving the training, scientific and
technological research; production, trading and service facilities;
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g) The Science and training council, the advisory councils.
2. Colleges, universities affiliated to the university of
which the organizational structure complies with the organization charter and
the university operation.
3. Private colleges, universities with organizational
structure as prescribed in Point b, c, d, dd, e and g Clause 1 this Article
that have the Board of Directors, the Control Board.
4. Foreign-capitalized higher education institutions with
independent organizational structure.
Article 15. The organizational structure
of universities
1. The university council;
2. Director, Deputy Director.
3. Offices, functional departments;
4. Affiliated universities, affiliated scientific research
institutes.
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6. Other organizations serving the training, scientific
research; production, trading and service facilities;
7. Other campuses (if any);
8. The Science and training council, the advisory councils.
Article 16. The school council;
1. The school councils are established at public colleges,
universities and academies.
2. The school council is the administrative organization
representing the school ownership. The school council has the following duties
and authority:
a) Resolving the development plans, strategies, planning and
the regulations on the school organization and operation;
b) Resolving the orientation of operation, training, science
and technology, international cooperation, assuring the education quality;
c) Resolving the organizational structure and the development
roadmap of the school;
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dd) Supervising the implementation of the School council’s
resolutions, the implementation of the democratic regulations on the school
activities.
3. The School council members;
a) The principal, deputy principals, the Party Committee
Secretary, the Union’s president, the Secretary Communist Youth Union of Ho Chi Minh City
; the representatives from a number of faculties, the representatives from the
authorities in charge of the higher education institution;
b) A number of members working in education, science,
technology, production and trading.
4. The President of the School council is designated by the
Head of the competent State agency.
The standards of the President of the School council are
similar to that of the principal as prescribed in Clause 2 Article 20 of this
Law.
5. The tenure of the School council is 05 years and attached
to the principal's tenure.
The School council works on the principle of collectives and
under the majority rule.
6. The procedures for establishing, the quantity and the
member framework, the duties and authority of the School council, the duties
and authority of the President, the Secretary of the School council, the
designation and discharge the President and other School council members are
specified in the School Charter.
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1. The Board of Directors are established at private colleges
and universities.
2. The Board of Directors is the only representative
organization of the school ownership. The Board of Directors has the following
duties and authority:
a) Organizing the implementation of the resolutions of the
Shareholder general assembly;
b) Resolving the development plans, strategies, planning and
the regulations on the school organization and operation;
c) Resolving the orientation of operation, training, science
and technology, international cooperation, assuring the education quality;
d) Resolving the issues related to the organizations,
personnel, finance, property and the orientation of the school investment and
development;
dd) Supervising the implementation of the Board of Director’s
resolutions, the implementation of the democratic regulations on the school
activities.
3. The Board of Directors’ members;
a) The representatives of organizations, individuals of which
the shares are ample as prescribed;
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4. The President of Board of Directors is elected by the Board
of Directors under the majority rule and ballot.
The President of Board of Directors must hold a Bachelor’s
degree or above.
5. The tenure of the Board of Directors is 05 years. The Board
of Directors works on the principle of collectives and under the majority rule.
6. The procedures for establishing, the quantity and the
member framework, the duties and authority of the Board of Directors, the
duties and authority of the President, the Secretary, the recognition and
non-recognition of the Board of Directors, the President of Board of Directors
and other members of the Board of Directors are specified in the Charter and
Regulation on the school organization and operation.
Article 18. The University Council;
1. The University Council has the following duties and
authority:
a) Approving the university development plans, strategies and
planning;
b) Resolving the orientation of operation, training, science
and technology, international cooperation, assuring the education quality;
c) Resolving the organizational structure and the development
roadmap of the university;
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dd) Supervising the implementation of the University Council’s
resolutions, the implementation of the democratic regulations on the university
activities.
2. The members of the University Council include:
a) The Director, Deputy Director, the Party Committee
Secretary, the Union’s president, the Secretary Communist Youth Union of Ho Chi
Minh City ; the Principals of the affiliated colleges and universities; the
Directors of the affiliated scientific research institutes;
b) The representatives of State management agencies; a number
of members working in education, science, technology, production and trading.
3. The tenure of the University Council is 05 years and
attached to the Director’s tenure. The University Council works on the
principle of collectives and under the majority rule.
4. The procedures for establishing, the quantity and the member
framework, the duties and authority of the University Council, the standards,
duties and authority of the President, the Secretary of the School council, the
designation and discharge the President and other members of the University
Council are specified in the Charter on the University organization and
operation.
Article 19. The Science and Training
Council
1. The Science and Training Councils are established under the
decisions from the principals of colleges and universities, the Directors of
the academies and universities, in charge of counseling the principals and
directors on the construction of:
a) The regulations and provisions on the training, science and
technology activities, the standards of recruiting lecturers, researchers,
library workers, laboratory workers;
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c)The plans on training new professions and majors, deploying
and canceling the training programs; guiding the scientific and technological
development, the plans on science and technology activities, assigning the
training, science and technology duties.
2. The Science and Training Council includes: the Principals,
the Deputy Principals in charge on training and scientific research; the heads
of training and scientific research units; the reputable scientists being the
representatives form various professions.
Article 20. The Principal
1. The principals of colleges, universities, the directors of
academies and universities (hereinafter referred to as principals) are the
representatives of higher education institutions before the law, being
responsible for the management of the activities of higher education
institutions. The principals are designated or accredited by competent State
agencies.
The tenure of a principal is 05 years. The principals are
designated and re-designated by tenure and not exceeding two consecutive
tenures.
2. The standards of principals;
a) Having political credentials, having strong sense of dignity,
having prestige within the science and education community, having capability
of management and having participated in faculty management or department
management in at least 05 years.
b) The principals of universities, the directors of academies and
universities must have the doctorates; the principals of colleges must have the
master’s degree or above
c) Having good health. The age of a designated principal of a
public higher education institution must be adequate for at least a principal’s
tenure
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a) Promulgating the regulations and provisions of the higher
education institutions under the resolutions from the School Council, the Board
of Directors or the University Council;
b) Making decisions on the merger, division, separation,
dissolution of the organizations affiliated to the higher education institution
under the resolutions from the School Council, the Board of Directors or the
University Council; designating, discharging the chiefs and deputies of the
organizations affiliated to the higher education institution;
c) Organizing the implementation of the resolutions from the
School Council, the Board of Directors or the University Council;
d) Planning the development of teaching staff and management staff;
dd) Organizing the training, scientific researches,
international cooperation, assuring the higher education quality;
e) Implementing the information and report regulations,
subject to the supervisions and inspections as prescribed;
g) Building and implementing the internal democratic
regulations; obtaining opinions and subject to the supervisions from
individuals and organizations in the higher education institution;
h) Reporting the duty fulfillment of the principal and the
management board to the School Council, the Board of Directors, the University
Council;
i) Other duties and authority as prescribed by law provisions.
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Article 21. Higher education institution
campus
1. The branches of a higher education institution belong to
its organizational structure and subject to its management. The branches of a
higher education institution do not have independent legal status, situated in
other provinces or cities different from that where the head office of the
higher education institutions is situated, subject to the management of the
provincial People’s Committee where the branches are situated.
2. The branches of a higher education institution shall fulfill
their duties under the management of the principal and shall report their
activities to the principal, report the activities related to the local
management authority to the provincial People’s Committees where the branches
are situated.
3. The branches of a higher education institution are
established under the decisions from the Minister of Education and Training
when the conditions specified in Article 22 of this Law are satisfied:
Section 2. THE ESTABLISHMENT, MERGER,
DIVISION, SEPARATION, DISSOLUTION OF HIGHER EDUCATION INSTITUTIONS:
AUTHORIZING, SUSPENDING THE TRAINING ACTIVITIES
Article 22. Conditions for establishing
or approving the establishment of higher education institutions
1. A higher education institution is established or authorized
to be established when the following conditions are satisfied:
a) Having the establishment project consistent with the
socio-economic development planning and the approved higher education
institution network planning;
b) Having the written consent from the provincial People’s
Committee where the head office of the higher education institution is situated
about the establishment of the higher education institutions and the
certification of the land tenancy;
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d) For foreign-capitalized higher education institutions, the
Investment certificate from competent agencies is required.
2. After 04 years as from the decision on the establishment or
the decision on approving the establishment takes effect, if the higher
education institution is banned from training activities, the decision on the
establishment or the decision on approving the establishment shall be invalidated.
Article 23. Conditions for training
activities
1. A higher education institution is allowed to do training
activities when the following conditions are satisfied:
a) Having the decision on the establishment or the decision on
approving the establishment of the higher education institution;
b) Having land, facilities, equipment, dorms, PE facilities
serving the demands for training activities; the construction location must
satisfy the pedagogic principles, must be safe for students, teachers and other
workers under the committed project;
c) Having the training programs and teaching materials as
prescribed;
d) Having adequate full-time teaching staff and management
staff that are professionally qualified ;
dd) Having sufficient financial resources for sustaining and
developing the higher education institution operation;
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2. After 03 years as from the decision on authorizing the
training activities takes effect, if the higher education institution does not
engage in the training activities, such decision shall be invalidated.
Article 24. Merging, dividing, separating
higher education institutions
The merger, division and separation of higher education
institutions must satisfy the following requirements:
1. Conformable with the higher education institution network
planning;
2. Satisfying the demands for socio-economic development;
3. Assuring the interests of lecturers, officials, employees
and students;
4. Contributing to higher education quality and efficiency
improvement.
Article 25. Suspending the training
activities of higher education institutions
1. The higher education institution shall have their training
activities suspended in the following cases:
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b) Not satisfying one of the conditions specified in Clause 1
Article 23 of this Law;
c) The person in charge of approving training activities is
not competent;
d) Committing violations of law provisions on education that
are liable to administrative sanctions being suspending the operation;
dd) Other cases as prescribed by law provisions.
2. The decision on suspending the training activities must
specify the reasons, the duration and the measures for assuring the lawful
interests of the lecturers, the employees and the students. The decision on
suspending the training activities must be publicly announced on means of mass
media
3. After the suspension expires, if the causes of the
suspensions are remedied, the person competent to make the decision on
suspension shall make the decision on continue the training activities.
Article 26. Dissolving higher education
institutions
1. The higher education institution shall be dissolved in the
following cases:
a) Seriously violating the law provisions;
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c) The operation contents and target in decision on the
establishment or the decision on approving the establishment of the higher
education institution are no longer appropriate for the socio-economic
development requirements;
d) The dissolution is requested by the organizations and
individuals that establish the higher education institution;
dd) Failing to fulfill the commitment of the approved project
after 05 years as from day the decision on the establishment or the decision on
approving the establishment takes effect.
2. The decision on dissolving the higher education institution
must specify the reasons, the duration and the measures for assuring the lawful
interests of the lecturers, the employees and the students. The decision on
dissolving the higher education institution must be publicly announced on means
of mass media
Article 27. Procedures and authority for
establishing, approving the establishment, the training activities, suspending
the training activities, merging, dividing, separating and dissolving higher education
institutions
1. The Prime Minister shall specify the conditions and
procedures for establishing, approving the establishment, the training
activities, suspending the training activities, merging, dividing, separating
and dissolving universities, academies and foreign-capitalized higher education
institutions
The Minister of Education and Training shall specify the
conditions and procedures for establishing, approving the establishment, the
training activities, suspending the training activities, merging, dividing,
separating and dissolving colleges.
2. The Prime Minister shall make decisions on establishing
public universities and academies; decisions on approving the establishment of
private universities and foreign-capitalized higher education institutions
The Minister of Education and Training shall make decisions on
establishing public colleges; decisions on approving the establishment of
private colleges.
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4. The Minister of Education and Training shall make decisions
on approving, suspending the training activities of colleges, universities,
academies, scientific research institutes eligible for doctorate training and
foreign-capitalized higher education institutions.
Chapter III
DUTIES AND AUTHORITY OF HIGHER EDUCATION INSTITUTIONS
Article 28. Duties and authority of
colleges, universities and academies
1. Formulating the university development plans and
strategies;
2. Deploying the science, technology and training activities,
international cooperation, assuring the education quality;
3. Developing the training programs towards the determined
target; assuring the connection among the training programs and levels.
4. Organizing the mechanism, recruitment, management and
improvement of the teaching staff, the management staff and other employees.
5. Managing the students; assuring the lawful rights and
interests of the lecturers, management staff, other employees and students;
allocating budget for the implementation of social policies on subjects of
social policies, subjects in ethnic areas, areas with poor socio-economic conditions
and the subjects learning special profession satisfying the workforce demand
for socio-economic development; assuring the pedagogic environment.
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7. Using land and facilities allocated or leased out by the
State; enjoying tax exemption and reduction as prescribed by law.
8. Mobilizing, managing and using the resources; building and
enhancing the facilities, investing in equipment.
9. Cooperating with domestic and foreign economic,
educational, cultural, sports, medical, scientific research organizations
10. Implement the regulations on information and reports,
subject to the inspections from the Ministry of Education and Training,
relevant Ministries, sectors and provincial People’s Committees where the
higher education institutions are situated or organize training activities as
prescribed.
11. Other duties and authority as prescribed by law
provisions.
Article 29. Duties and authority of
universities
1. Duties and authority of universities
a) Formulating the university development plans and
strategies;
b) Managing, operating, organizing the training activities of
universities;
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d) Implement the regulations on information and reports,
subject to the inspections from the Ministry of Education and Training, the
Governmental Inspectors, relevant Ministries, sectors and provincial People’s
Committees where universities are situated as prescribed.
dd) Enjoying the autonomy in the activities of training,
researches of science, technology, finance, international relation and
organizational mechanism;
e) Other duties and authority as prescribed by law provisions.
2. The Prime Minister shall promulgate the Regulation on the
organization and operation of national universities and their affiliated higher
education institutions; the Minister of Education and Training shall promulgate
the Regulation on the organization and operation of regional universities and
their affiliated higher education institutions.
Article 30. Duties and authority of
scientific research institutes eligible of doctorate training.
1. Fulfilling the duties and exercising the authority as
prescribed by law provisions on doctorate training.
2. Having specialized units being faculties or departments to
organize and manage doctorate training.
Article 31. Duties and authority of
foreign-capitalized higher education institutions
1. Building and achieving the objectives, carrying out the
training programs, scientific research; building the teaching staff,
facilities, equipment and teaching materials; assuring the quality and carrying
out higher education quality inspections; organizing the training activities,
awarding qualifications and certificates as prescribed by law.
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3. Publicly offering guarantee of the training quality,
disclosing the resources and finance
4. Subject to the State management of education of the
Ministry of Education and Training.
Periodically reporting the operation and making explanations
at the request from the Ministry of Education and Training, relevant
Ministries, sectors and provincial People’s Committees where the
foreign-capitalized higher education institutions are situated.
5. Assuring the lawful rights and interests of the students,
lecturers and other employees, including the early termination of operation.
6. Observing the Vietnam’s law and traditions.
7. Having their the lawful rights and interests protected by
the State as prescribed by Vietnam’s law provisions and the International
Agreements to which the Socialist Republic of Vietnam is a signatory.
8. Other duties and authority as prescribed by law provisions.
Article 32. The autonomy of higher
education establishments
1. Higher education institutions are independent in the
primary activities such as organization, personnel, finance, property,
training, science and technology, international cooperation, assuring the
higher education quality. Higher education institutions shall enjoying greater
autonomy depending on the capability, the rankings and the education quality
assessment results
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Chapter IV
TRAINING ACTIVITIES
Article 33. Training new professions and
majors
1. The conditions for training new professions and majors at
colleges, universities, or master’s, doctorate level:
a) The professions and majors being trained are conformable
with the demands for the workforce serving the socio-economic development of
the locality, the region, the entire country or in each field;
b) Having structurally, quantitatively and qualitatively
qualified full-time teaching staff and scientific staff;
c) Having facilities, equipment, libraries and teaching
materials sufficiently satisfying the teaching and learning requirements;
d) The training programs can satisfy the standards of
knowledge and skills of the students after graduated and satisfy the
requirements for educational transfer among the levels and other training
programs.
2. The Minister of Education and Training shall specify the
conditions and procedures for establishing or suspending the profession
training at college, university level, the profession training or major
training at master’s and doctorate level; make decisions on approving the establishment
or suspending the profession training at college, university level, the
profession training or major training at master’s and doctorate level.
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Article 34. Enrolment targets and
enrolment organization
1. Enrolment targets:
a) The enrolment targets are set on the basis of the
requirements for socio-economic development and the workforce development
planning, consistent with the quantitative and qualitative conditions of the
teaching staff, facilities and equipment.
b) Higher education institutions shall autonomously determine
the enrolment targets, be responsible for disclosing the enrolment targets, the
training quality and the conditions assuring the training quality.
c) Higher education institutions committing violations of the
provisions on enrolment targets shall be handled as prescribed by law depending
on the seriousness.
2. Enrolment organization:
a) The methods of enrolment include: entrance exams, profile
evaluation or combination methods;
b) higher education institutions shall autonomously make
decisions on the enrolment methods and bear responsibilities for the enrolment.
3. The Minister of Education and Training shall specify the
determination of enrolment targets and promulgate the enrolment regulation.
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1. The training duration at higher education levels shall be
carried out in the form of formal education specified in Article 38 of the Law
on Education.
2. The duration of credit-based are determined on the basis of
quantity of subjects and credits of each program and level of training.
The principal of the higher education institution shall
determine the quantity of subjects and credits of each program and level of
training.
3. The training duration at each higher education level
carried out in the form of continuing education must be at least one-semester
longer than the training duration in the form of formal education.
Article 36. Higher education programs and
textbooks
1. Training program:
a) The training programs at the college and university level
include: the targets, skill and knowledge standards of students after
graduated; the training contents, assessment methods of each subject,
profession and training level; satisfying the requirements for educational
transfer between the levels and other training programs;
b) Training programs at master’s and doctorate level include:
the targets, skill and knowledge standards of students and graduate students
after graduated; the volume of knowledge, the structure of the Training
programs at master’s and doctorate level theses and dissertations
c) Higher education institutions are entitled to adopt foreign
training programs of which the quality has been evaluated and recognized in
order to serve the higher education training at different levels.
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dd) Foreign-capitalized higher education institutions are
autonomous and responsible for the development and implementation of the
training programs evaluated by a Vietnam’s education quality assessment
organization that do not harm the National defense and security, social
interests, that do not distort history or negatively impact the culture,
ethics, good customs, good traditions and solidarity of Vietnam’s communities
as well as the world peace and security, that do not contain religious
propagation;
e) The contents of training programs in the form of continuing
education are similar to that of the training programs in the form of formal
education.
2. Higher education textbooks:
a) Higher education textbooks must specify the requirements
for knowledge and skills in the training program of each subject and each
profession, aiming for the targets of the training level
b) The Ministry of Education and Training shall organize the
compilation of the textbooks for the political theory and National defense
subjects;
c) The principals of higher education institutions shall
organize the compilation or select and approve the higher education textbooks
in accordance with the appraisal from the textbook appraisal council
established by the principal;
d) Higher education institutions must implement the provisions
on intellectual property and copyright during the use of textbooks and
announcement of scientific research works.
3. The Minister of Education and Training shall specify the
minimum knowledge volume and requirements that the student must reach after
graduated regarding each training level of higher education; specify the
compulsory subjects in the training programs of foreign-capitalized higher
education institutions; specify the compilation, selection, appraisal, approval
and use of higher education textbooks and teaching documents.
Article 37. Training organization and
management
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2. Higher education institutions are autonomous and
responsible for the by course, by academic year and by semester, implement the
regulations and training programs of each training level and training form.
3. Higher education institutions are only allowed to cooperate
in college and university education in the form of continuing education with
other universities, colleges, vocational intermediate schools, provincial
continuing education centers, schools affiliated to State agencies, political
organizations, socio-political organizations, the People’s armed forces as long
as the associate educational institutions can satisfy the requirements for
pedagogic environment, facilities, libraries and management staff.
4. The Minister of Education and Training shall promulgate the
regulations on training and associate training.
Article 38. Higher education diplomas
1. The higher education diplomas are issued to students after
graduated from a training level under a training form, including: College
degree, university degree, master’s degree and doctorate degree.
a) The students completing the college program shall take the
final exam or do the dissertation if eligible. If the exam is passed or the
cumulative credit quantity is sufficient, and other out put standards of the
higher education institution are satisfied, the principal shall issued the
college degree;
b) The students completing the university program shall take
the final exam or do the dissertation if eligible. If the exam is passed or the
cumulative credit quantity is sufficient, and other out put standards of the
higher education institution are satisfied, the principal shall issued the
university degree;
c) The students completing the master’s program shall do the
dissertation if eligible. If the dissertation is passed, the principal shall
issued the master’s degree;
d) The graduate students completing the doctorate program shall
do the dissertation if eligible. If the dissertation is passed, the principal
shall issued the doctorate degree;
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3. The Minister of Education and Training shall specify the
higher education diplomas form; the printing, management, issuance, recall and
annulment of higher education diplomas; specify the responsibilities and
authority for diploma issuance of Vietnam’s higher education institutions in
training cooperation with foreign higher education institutions; specify the
responsibilities of foreign-capitalized higher education institutions issuing
higher education diplomas in Vietnam; sign the mutual diploma recognition
agreements with other countries and international organizations; specify the
procedures for recognizing the higher education diplomas issued by foreign
higher education institutions.
4. The Minister of Education and Training shall take lead and
cooperate with other Ministries and Heads of ministerial-level agencies to
specify the diplomas for recognizing the practice and application skills of
persons that undergo extensive training after university graduation in a number
of special profession.
Chapter V
SCIENCE AND TECHNOLOGY ACTIVITIES
Article 39. The targets of science and
technology activities
1. Improving the higher education quality, the science and
technology research and application capability of lecturers, researchers,
management staff and other employees.
2. Building and developing the scientific research capability
for students; spotting and cultivating talent in order to satisfy the
requirements for skilled workforce.
3. Creating new solution, knowledge and technology for
scientific and educational development, contributing to socio-economic
development, assure the National defense and security.
Article 40. The contents of science and
technology activities
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2. Applying the technology transfer and research results to
the practice production and life.
3. Building the laboratories and research institutions serving
scientific research, training, and technological cultivation, integrating
technological development with new product creation.
4. Participating in the recruitment, consultation, performance
of the science and technology contracts, duties and other ordered duties.
Article 41. Duties and authority of
higher education institutions in science and technology activities
1. Formulating the science and technology development plans
and strategies;
2. Doing scientific and technological researches for improving
the training quality.
3. Doing scientific research and technology transfers in order
to create new solutions, technology and knowledge, contributing in
socio-economic development consistently with the science and technology
capability of the school.
4. Being independent and responsible for the science and
technology contract conclusion; performing the science and technology duties,
participating in the selection and performance of science and technology
duties.
5. Using money, property, intellectual property and other
lawful revenues to perform the science and technology duties, production and
business.
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7. Having the intellectual property rights protected; being
entitled to transfer the results of science and technology activities,
announcing the results of science and technology activities.
8. Protecting the interests of the State and the society; the
lawful rights and interests of organizations and individuals engaging in
science and technology activities; protecting the science and technology
confidentiality as prescribed by law.
9. Other duties and authority as prescribed by law provisions.
Article 42. The responsibilities of the
State for scientific and technological development
1. The Government shall specify the investment in developing
the potential and encouraging science and technology activities in higher
education institutions, prioritizing the higher education institutions with
great potential workforce of research and application.
2. The Ministry of Science and Technology shall take lead and
cooperate with the Ministry of Education and Training, the Ministry of Planning
and Investment and the Ministry of Finance in formulating the policies on
investment in scientific and technological development in higher education
institutions.
3. The Ministry of Education and Training shall take lead and
cooperate with the Ministry of Science and Technology, other relevant
Ministries and sectors in elaborating the science and technology activities in
higher education institutions.
Chapter VI
INTERNATIONAL COOPERATION
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1. Improving the higher education quality towards
modernizations, approaching the develop higher education in the region and in
the world.
2. Facilitating the sustainable development of higher
education institutions, training skilled and qualified workforce serving the
country’s industrialization and modernization.
Article 44. The forms of international
cooperation of higher education institutions
1. Associate training.
2. Establishing representative offices of foreign higher
education institutions in Vietnam.
3. Cooperating in scientific research and technology transfers,
organizing science conventions and seminars.
4. Counseling, sponsoring, investing in the development of
facilities and equipment.
5. Training, exchanging lecturers, researchers, management
staff and students.
6. Connecting libraries, exchanging information serving the
training, science and technology activities; providing training programs;
exchanging the documents and results of training, science and technology
activities.
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8. Establishing representative offices of Vietnamese higher
education institutions in other countries.
9. Other forms of cooperation as prescribed by law provisions.
Article 45. Training association with
foreign parties
1. Training association with foreign parties is the
development and implementation of the training association program between a
Vietnamese higher education institution and a foreign higher education
institutions in order to issue diplomas or certificates without establishing
new legal entities.
2. The training programs in association with a foreign party
are formulated by both parties. The training program is completely implemented
in Vietnam or partially in Vietnam and partially overseas.
3. The higher education institutions in association with
foreign parties must satisfy the conditions for teaching staff, facilities,
equipment, training programs and contents, legal status; the quality assessment
certificate issued by foreign quality assessment agencies or by the Ministry of
Education and Training; the training license of the associated field.
4. The Minister of Education and Training shall approve the
training programs in association with foreign parties at the college,
university, master’s and doctorate level.
The university directors shall approve the training programs
in association with foreign parties at other levels apart from the college,
university, master’s and doctorate level provided at the universities.
5. The enrolment and operation of training programs in
association with foreign parties shall be suspended if the conditions specified
in Clause 3 this Article are not satisfied. Higher education institutions must
assure the lawful interests of lecturers, students and employees; reimburse the
school fee, pay the teaching remuneration and other benefits of lecturers and
employees under the signed labor contract or collective labor agreement, pay
the tax debts and other debts (if any).
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Article 46. Representative offices
1. Representative offices of foreign higher education
institutions represent the foreign higher education institutions.
2. A representative office has the following duties and
authority:
a) Enhancing the cooperation with Vietnamese higher education
institutions by expediting the formulation of cooperation programs and projects
on higher education.
b) Organizing the information exchanges, consultation,
seminars and exhibition of higher education in order to introduce the foreign
higher education institutions;
c) Expediting and supervising the implementation of the higher
education cooperation agreement signed with Vietnamese higher education
institutions;
d) It is prohibited to engage in higher education activities
that directly generate incomes in Vietnam, to establish branches of the
representative offices in Vietnam.
3. Foreign higher education institutions are licensed to
establish representative offices in Vietnam when the following conditions are
satisfied:
a) Having legal status;
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c) Having specific goals, principles and charter of operation;
d) having regulations on the organization and operation of the
representative office planned to be established in Vietnam in accordance with
Vietnam’s law
4. The Minister of Education and Training shall license the
establishment of representative offices of foreign educational institutions
that engage in higher education.
5. The operation of representative offices of foreign higher
education institutions is terminated in the following cases:
a) The license expires;
b) The termination is request by the foreign higher education
institution that established the representative office.
c) The license is withdrawn because of no operation after 06
months as from the date of licensing, or 03 months as from the date of license
extension;
d) The forgeries in the application for licensing the
representative office establishment are detected;
dd) Engaging in activities contrary to the license;
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Article 47. Duties and authority of higher
education institutions in international cooperation
1. Performing the forms of cooperation as prescribed in
Article 44 of this Law.
2. Observing the Vietnam’s law provisions and the
International Agreements to which the Socialist Republic of Vietnam is a
signatory.
3. Having their the lawful rights and interests protected as
prescribed by Vietnam’s Law provisions and the International Agreements to
which the Socialist Republic of Vietnam is a signatory.
Article 48. Responsibilities of the State
for international cooperation
1. The Government shall formulate appropriate policies on
implementing the bilateral and multilateral agreements in order to facilitate
the development of international cooperation among the higher education
institutions towards satisfying the requirements for socio-economic development
in accordance with the higher education development strategies and planning;
enhancing the management of higher education association with foreign parties.
2. The Prime Minister shall formulate the policies on
investment and preferential treatment in order to attract Vietnamese scientists
overseas to participating in the sponsorship, training, scientific research and
technology transfers; specify the conditions and procedures for international cooperation
prescribed in Point 44, 45, and 46 of this Law.
3. The Minister of Education and Training shall specify the
encouragement to higher education institutions to invest in and expand the
international cooperation in training, scientific research, technology
transfers with foreign parties; specify the management of foreign higher
education institutions in Vietnam, the association between Vietnamese higher
education institutions and foreign higher education institutions.
Chapter VII
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Article 49. Targets, principles, and
subjects of higher education quality assessment
1. The targets of higher education quality assessment:
a) Assuring and improving the higher education quality;
b) Verifying the fulfillment of the higher education duties in
each period of the higher education institutions or the training programs;
c) Forming the bases for higher education institutions to
provide explanation for competent State management agencies and for the society
about the actual training quality;
d) Forming the basis for students to choose higher education
institutions, training programs and for the recruitment of employers.
2. The principles of higher education quality assessment:
a) Independent, objective and lawful;
b) Truthful, public and express;
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3. The subjects of higher education quality assessment:
a) Higher education institutions;
b) The training programs of higher education
Article 50. Duties and authority of
higher education institutions in higher education quality assurance
1. Establishing the organizations specialized in higher
education quality assurance.
2. Formulating and implementing plans for higher education
quality assurance;
3. Actively assessing, innovating and improving the training
quality; periodically registering for the assessment of the training program
and the higher education institution.
4. Sustaining and developing the conditions for training
quality assurance, including:
a) The teaching staff, management staff and employees;
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c) The classrooms, offices, library, information technology
system, laboratories, workshops, dorms and other amenities;
d) The financial resources.
5. Publicly announcing the conditions for assuring the
training quality, scientific research and training results, the quality
assessment and assurance results on the websites of the Ministry of Education
and Training, the higher education institution and means of mass media.
Article 51. Duties and authority of
higher education institutions in higher education quality assessment
1. Subject to the education quality assessment at the request
from State management agencies in charge of education.
2. Implement the regulations on information and report on
higher education quality assessment.
3. Being entitled to choose an education quality assessment
organization among the education quality assessment organizations accredited by
the Ministry of Education and Training to carry out the assessment of the
higher education institution quality and the training program quality.
4. Being entitled to complain and denounce to competent
agencies about the decisions, conclusions and illegal acts of organizations and
individuals that carry out higher education quality assessment.
Article 52. Education quality assessment
organizations
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Education quality assessment organizations are legal entities
and bear responsibilities before the law for the higher education quality
assessment.
2. Education quality assessment organizations are established
after the establishment projects are made in accordance with the education
quality assessment organization network planning; The education quality
assessment is granted when the facilities, equipment, finance and the
assessment staff satisfy the requirements for higher education quality
assessment.
3. The Minister of Education and Training shall promulgate the
national standards of higher education institutions; specify the standards of
higher education quality assessment, the standards of training programs of
higher education, the minimum requirements for implementing the training
program; the process and period of higher education quality assessment; the
principles of operation, the conditions and standards of organizations and
individuals engaging in education quality assessment; the issuance and
withdrawal of education quality assessment certificate; the decision on the
establishment or the decision on approving the establishment of education
quality assessment organizations; granting the education quality assessment.
Article 53. Using the higher education
quality assessment results.
The higher education quality assessment results shall be used
as the basis for determining the higher education quality, the reputation and
prestige of higher education institutions, the entitlement autonomy and
independent responsibilities; the investment support and duty allocation; as
the basis for the State and the society to supervise the operation of higher
education institutions.
Chapter VIII
LECTURERS
Article 54. Lecturers
1. The lecturers in higher education institutions are people
with clear backgrounds, good qualities and conscience, good health on
occupational demand; professionally qualified as prescribed in Point e Clause 1
Article 77 of the Law on Education
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3. The standard degree of university lecturers is master’s
degree or above. Other special cases of special profession shall be specified
by the Minister of Education and Training .
The principals of higher education institutions shall
prioritize the recruitment of people that possess the master’s degree or above.
4. The Minister of Education and Training shall introduce the
pedagogic technique improvement programs, specify the lecturer cultivation and
employment.
Article 55. Duties and authority of
lecturers
1. Teaching consistently with the targets and the training
program, fully and efficiently implement the training program.
2. Studying, developing technology transfers and science
application, assuring the training quality.
3. Periodically attending the courses in improving political
theory, profession and teaching methods.
4. Preserving the credentials, reputations and honor of
lecturers
5. Respecting the students’ dignity, treating students
equitably, protecting the lawful rights and interests of students.
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7. Being entitled to sign visiting lecturer and scientific
research contracts with higher education institutions and scientific research
institutions as prescribed by law.
8. Being given lecturers' titles, awarded the “People’s
educator”, “Elite educator” titles and get commendation as prescribed by law.
9. Other duties and authority as prescribed by law provisions.
Article 56. Policies on lecturers
1. The lecturers in the higher education institution shall be
sent to attend profession improvement courses, enjoy salaries and occupational
benefits, seniority pay and other benefits as prescribed by the Government.
2. The teachers in the higher education institutions located
in poor areas shall enjoy accommodation incentives, preferential benefits and
other incentive policies as prescribed by the Government.
3. The State shall formulate the policy on mobilizing and
sending lecturers to higher education institutions located in poor areas;
encouraging lecturers in favorable areas to work at higher education institutions
located in poor areas and facilitate their tasks.
4. Healthy lecturers holding doctorate degrees, professor or
associate professor titles working at higher education institutions may extend
the working time when reaching the retirement age in order to continue teaching
and doing scientific research if such extension is demanded by both the higher
education institution and the lecturers themselves.
5. The Prime Minister shall specify the policy on lecturers in
higher education institutions.
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1. Visiting lecturers in higher education institutions are
specified in Article 74 of the Law on Education
Visiting lecturers fulfill the duties and have the rights
under the visiting lecturer contracts signed between the principal of the
higher education institution and the visiting lecturer.
2. Higher education institutions are entitled to invite
visiting lecturers and speakers being Vietnamese and foreign experts,
scientists, business people and artists.
3. The Minister of Education and Training shall promulgate
provisions on visiting lecturers and speakers .
Article 58. Prohibited acts of lecturers
1. Offending the honor, dignity and abusing the body of
students and other people.
2. Cheating at training and scientific research
3. Misusing the educator’s title and education activities to
commit violations of law.
Chapter IX
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Article 59. Students
Students are people learning and doing scientific researches
at higher education institutions including students learning college programs,
university programs and master’s program, graduate students doing doctorates.
Article 60. Duties and authority of
students
1. Studying, doing scientific researches and training as
prescribed.
2. Showing respect for the lecturers, the management staff and
other employees at the higher education institution; working closely and
collaboratively during the study and training
3. Participating in labor and social activities, environment
protection, preserving the order and security, preventing and fighting
misconduct and cheating in study and examinations, preventing and fighting
crimes and social evils.
4. Being equitably respected and treated without sexual,
religious and racial discrimination, being provided with sufficient information
about learning and training.
5. Enjoying favorable conditions for learning and
participating in science and technology activities, sports and cultural
activities
6. Offering opinions and participating in managing and
supervising the educations activities and other conditions for education
quality assurance.
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8. Other duties and authority as prescribed by law provisions.
Article 61. Prohibited acts of students
1. Offending the honor, dignity, abusing the body of
lecturers, management staff, employees, other students at higher education
institutions and other people.
2. Cheating at study, examination and enrolment.
3. Engaging in activities of social evils or disturbances in
higher education institutions or at public places and other acts of violations
of law.
4. Organizing or participating in illegal activities.
Article 62. Policies on students
1. The students in higher education institutions shall enjoy
the policies on scholarships and social benefits, direct entry regulations,
public charge exemption and reduction as prescribed in Article 89, 90, 91 and
92 of the Law on Education.
2. Students of special profession serving the requirements for
socio-economic development, National defense and security are exempted from
tuition fees, prioritized in scholarship consideration and social benefits
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Article 63. Fixed-term work obligations
under the State’s mobilization
1. The students of higher education programs from of whom the
scholarship and training costs are covered by the State or sponsored by foreign
parties under the Agreements with Vietnam must obey the mobilization from the
State for a time being at least twice as long as the time benefiting from the
scholarship and supported training costs. Otherwise, the scholarship and the
training costs must be reimbursed.
2. Within 12 months as from the graduation is recognized,
competent State agencies are responsible for to assign task to the graduated
students. If they do not receive any assignment after that time limit, the
reimbursement of scholarship and training costs are not required
3. The Government shall specify the reimbursement of
scholarship and tuition fees
Chapter X
FINANCE AND PROPERTY OF HIGHER EDUCATION INSTITUTIONS
Article 64. Financial sources of higher
education institutions
The financial sources of higher education institutions
include:
1. The State budget (if any);
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3. Revenue from the activities of associate training,
scientific and technology; production, trading and services;
4. Sponsorship, aid, gift and presents from domestic or
foreign organizations and individuals;
5. Investment from domestic or foreign organizations and
individuals;
6. Other legal revenues as prescribed by law provisions.
Article 65. Tuition fees and enrolment
charges
1. Tuition fees and enrolment charges are the amount the students
must pay to higher education institutions for defraying the training costs.
2. The Government shall specify the content and method for
fixing the tuition fees and enrolment charges, the tuition fee and enrolment
charge bracket at public higher education institutions.
3. Higher education institutions are entitled to independently
determine the tuition fees and enrolment charges within the tuition fee and
enrolment charge bracket specified by the Government..
4. Private higher education institutions and
foreign-capitalized higher education institutions are entitled to independently
determine the tuition fees and enrolment charges as prescribed by law.
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6. Higher education institutions providing high quality
training programs are entitled to collect tuition fees equivalently to the
training quality.
The Minister of Education and Training shall specify the
criteria for identifying high quality training programs and beat
responsibilities for managing and supervising the tuition fees equivalent to
the training quality
Article 66. Financial management of
higher education institutions
1. Higher education institutions shall implement the
regulation on finance, accounting, audit, tax and financial disclosure as
prescribed by law.
2. Higher education institutions using the State budget to
perform the duties assigned by the State are responsible for managing and using
the State budget in accordance with law provisions on the Law on State budget
3. The financial difference between the incomings and
outgoings from the activities of training and scientific research of private
higher education institutions shall be used as follows:
a) At least 25% is used for investing in higher education
institution development, in education activities and improving facilities,
purchasing equipment, training lecturers, employees and the management staff
serving the learning and the life of students or for charity purposes and
social responsibility. This amount is exempted from tax;
b) The rest, if being distributed to investors and employees
of the higher education institutions, is taxable as prescribed by law
provisions on tax.
4. The value of cumulative property during the operation of
private higher education institutions and the value of donated property are not
distributable and managed on the principal of preservation and development.
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6. The Government shall specify the methods and criteria for
allotting the State budget to higher education institutions and specify the
finance of foreign-capitalized higher education institutions engaging in
education activities.
7. The Ministry of Education and Training, Ministries,
ministerial-level agencies and provincial People’s Committees shall inspect the
management and proper use of the financial sources at higher education
institutions.
Article 67. Property management and
utilization of higher education institutions
1. Higher education institutions shall manage and use the
property invested from the State budget in accordance with law provisions on
the management and utilization of State-owned property; be responsible for the
management and utilization of the property from other sources.
2. The property and land allocated to private higher education
institutions and property donated to private higher education institutions must
be used properly without changing the use purpose and converted into private
ownership in any form.
3. The property of foreign-capitalized higher education
institutions are protected under the Vietnam’s Law provisions and the
International Agreements to which the Socialist Republic of Vietnam is a
signatory.
4. The Ministry of Education and Training, Ministries,
ministerial-level agencies and provincial People’s Committees shall inspect the
management and utilization of the State-owned property at higher education
institutions as prescribed by the Government.
Chapter XI
STATE MANAGEMENT OF HIGHER EDUCATION
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1. Formulating and guiding the higher education development
plans, policies, planning and strategies;
2. Promulgating and organizing the implementation of legal
documents on higher education.
3. Determining the volume and structure f training programs,
the minimum output standards of students after graduation, the standards of
lecturers, facilities and equipment of higher education institutions; the
compilation and publication of textbooks and teaching materials, the
regulations on examinations and diploma, certificate issuance.
4. Managing the higher education quality assurance,
specifying the standards of higher education quality assessment, the national
standards of higher education institutions, the standards of training programs
of higher education, the minimum requirements for implementing the training
program; the process and period of higher education quality assessment; the
State management of higher education quality assessment.
5. Making the statistics and providing information about the
of higher education organization and operation.
6. Organizing the higher education management mechanism.
7. Organizing and guiding the training and management of
lecturers and the management staff.
8. Mobilizing, managing and using the resources for higher
education development.
9. Organizing and managing the science and technology
researches and application, the production and business of higher education.
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11. Specifying the title award for people that make enormous
contribution to higher education.
12. Inspecting the observance of law, settling complaints and
denunciation, handling the violation of law provisions on higher education.
Article 69. State management agencies in
charge of higher education
1. The Government shall unify the State management of higher
education.
2. The Ministry of Education and Training are responsible to
the Government for the State management of higher education.
3. Ministries, ministerial-level agencies shall cooperate with
the Ministry of Education and Training in the State management of higher
education intra vires.
4. Provincial People’s Committees are in charge of State
management of higher education under the decentralization by the Government;
inspecting the observance of law provisions on education of the local higher
education institutions; socializing higher education; satisfying the
requirements for expansion and improvement of the quality and efficiency of
local higher education.
Article 70. Inspection
1. The inspection of higher education includes:
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b) Detecting, preventing and handling intra vires or request
competent State agencies to handle the violations of law provisions on higher
education;
c) Verifying and requesting competent State agencies to settle
complaints and denunciation about higher education.
2. The Inspectorate of the Ministry of Education and Training
shall fulfill the duties and authority to carry out administrative inspections
and professional inspections of higher education.
3. The Minister of Education and Training shall direct, guide
and organize the inspections of higher education. Ministries, ministerial-level
agencies and provincial People’s Committees shall cooperate with the Ministry
of Education and Training to carry out inspections of higher education under
the assignment and decentralization by the Government.
4. Higher education institutions shall actively carry out
inspections as prescribed by law. The principals of higher education
institutions are responsible for the inspections of higher education
institutions.
Article 71. Handling violations
Organizations and individuals committing one of the following
acts shall be liable to administrative sanctions depending on the nature and extent
of the violations; individuals may also be liable to criminal prosecution and
pay compensation for the damage (if any) as prescribed by law:
1. Establishing higher education institutions or organizing
education activities illegally;
2. Violating the provisions on the organization and operation
of higher education institutions.
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4. Forging profiles, violating regulations on the enrolment,
examinations and issuance of diplomas or certificates.
5. Offending the dignity or the body of lecturers, educational
managers; mistreating students;
6. Violating provisions on higher education quality assurance
and assessment
7. Causing disturbance in higher education institutions;
8. Causing budget loss, misusing higher education activities
to gain profit illegally;
9. Causing damage to the facilities of higher education
institutions;
10. Other acts of violations of law provisions on higher
education.
Chapter XII
IMPLEMENTATION PROVISIONS
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This Law takes effect on January 01, 2013.
Article 73. Implementation guidance and
elaboration
The Government and competent agencies shall elaborate and
guide the implementation of the assigned Articles and Clauses in this Law.
This Law has been passed on June 18, 2012 by the
National Assembly of the 8th Socialist Republic of Vietnam, in
the 3rd session.
THE PRESIDENT OF
THE NATIONAL ASSEMBLY
Nguyen Sinh Hung