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THE
MINISTRY OF EDUCATION AND TRAINING
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
43/2011/TT-BGDDT
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Ha
Noi, October 04, 2011
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CIRCULAR
AMENDING
AND SUPPLEMENTING SOME ARTICLES OF CIRCULAR NO. 14/2009/TT-BGDDT DATED MAY 28,
2009 PROMULGATING REGULATIONS ON COLLEGE AND DECISION NO. 06/2008/QD-BGDDT DATED
FEBRUARY 13, 2008 STIPULATING THE SECOND DEGREE TRAINING AT UNIVERSITY AND
COLLEGE LEVEL
Pursuant to Law on
Promulgation of Legal Normative Documents dated June 3, 2008;
Pursuant to Decree No.
24/2009/ND-CP dated March 05, 2009 of the Government stipulating in detail and
measures to implement the Law on Promulgation of Legal Normative Documents;
Pursuant to Decree No.
32/2008/ND-CP dated March 19, 2008 of the Government stipulating functions,
duties, rights and organizational structure of the Ministry of Education And
Training
Pursuant to Decree No.
63/2010/ND-CP dated June 08, 2010 of the Government regarding the control of
administrative procedures.
Pursuant to the Resolution No.
25/NQ-CP dated June 02, 2010 of the Government regarding the simplification of
258 administrative procedures under the scope of function and management of
Ministries and sectors and Resolution No. 66/NQ-CP dated December 23, 2010 of
the Government regarding the simplification of administrative procedures under
the scope of function and management of the Ministry of Education and Training;
At the proposal of the
Director of Department of University Education, the Minister of Education and
Training hereby decides:
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1. Article 3 is amended and supplemented
as follows:
Article 3. Registering school
name and renaming college.
1. The college name is
registered in Vietnamese and English language including the following
components:
a) College + name of the major
field or training program (If necessary) + proper name
b) The proper name is the name
of locality, name of historical cultural celebrity, name of individual,
organization if approved by the locality, individual and organization and
allowed by the Minister of Education and Training.
2. College name must not be
identical or cause any confusion with the names of colleges and universities
that have been registered without infringing the intellectual property rights
of other individuals and organizations in accordance with the Law on
Intellectual property. The colleges need to register for protection of school
name shortened in Vietnamese and English.
3. School name is written in the
decision on school establishment, shown on seal, school signboard and
transaction documents and papers of school.
4. Dossier for renaming college
consists of:
a) Report on school renaming in
which clearly stating the necessity, reason and purpose of the school renaming.
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c) Number of dossier: 01 set
5. Procedures for school
renaming;
The Ministry of Education and
Training will receive and assess dossier for college renaming. Within 10
working days from the time receiving dossier as prescribed, the Ministry of
Education and Training will make decision on the school renaming or notify of
the assessment result if not qualified as prescribed in clause 1 and 2 of this
Article.
2. Annulment of clause 4 of
Article 10
3. Article 11 is amended and
supplemented as follows:
Article 11. Dossier and
procedures for college establishment
1. Dossier of college
establishment project consists of:
a) Report on proposal to
establish college from the direct management agency (for public school), from
organization or individual (for private school) clearly states the necessity
for school establishment, school name in Vietnamese and English language,
estimated school location, training programs, training scale, capital source,
land, teaching staff and management officials;
b) A notarized copy of the
written approval of the provincial People's Committee approving the school
establishment at the locality, which clearly states the necessity, the
conformity of the establishment of school with the planning for economic and
social development of the locality, estimated location, land for school
building and capacity to coordinate and create conditions of the locality for
the building and development of the school.
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d) College establishment project:
Clearly demonstrating the necessity for school establishment, the conformity of
the establishment of school with the planning for economic and social
development of the locality, objectives, duties, programs and training scale in
each period; estimated structure of organization, management and running,
quantity and lecturers qualification, managing official, land, charter capital,
implementation solution, draft of regulation on organization and operation,
planning and plan for school building and development in each period, estimated
total capital for implementing plans and ensuring the activities of training
and scientific research in the first 3 years of establishment and the
subsequent years; explaining the feasibility and legality of the capital resource
for school building and development in each period.
dd) Dossier of private college
establishment project must have additional documents as follows: list of
founding members; record of appointing representative for school establishment
of the capital contributors; the capital contribution commitment for school
building of individuals and organizations and consent opinion of the
representative for school establishment, list of the shareholders committing to
charter capital contribution.
e) Number of dossier : 5
sets
2. Procedures for approving the
college establishment project
a) The Ministry of Education and
Training receives the dossier of college establishment project. Within 10
working days from the date receiving dossier, if it is not valid, the Ministry
of Education and Training will notify the investor for supplementing and
completing it.
b) Within 30 working days from
the date of receiving the valid dossier, the Ministry of Education and Training
will organize the assessment of the project dossier. If the project dossier
guarantees the conditions for school establishment, the Minister of Education
and Training will make a decision on the college establishment. If the dossier
of the project doesnot meet the conditions, the Ministry of Education and
Training will give a written notice on the dossier assessment result to the
project owner.
4. Article
13 is supplemented and amended as follows:
“Article 13. Suspension of
college training activity.
1. College is suspended the
training activity in the following cases :
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b) Failing to guarantee one of
the conditions as stipulated in Article 17 of this regulation;
c) The person who allows the training
activity is not in accordance with his/her competence
d) After 3 years since the
Minister of Education and Training has signed the Decision on allowing the
training activity, the school is not entitled take enrolment and organize
training;
dd) Violating the regulations of
law on education and being sanctioned for administrative violation at
suspension level ;
2. Dossier of the training
activity suspension.
a) Applications and letters of
individuals and organizations or report on inspection result of the direct
management agency on the violation of the college (if any);
b) Decision on college
inspection of the Minister of Education and Training;
c) The conclusion of the
inspector of the Ministry of Education and Training on violations of the
college and the proposal to the Minister of Education and Training for the
suspension of the training activity of the college.
3. Procedures for the training
activity suspension.
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b) Based on the assessment
result, the Minister of Education and Training will make a decision on the
training activity suspension.
c) The decision on the training
activity suspension must clearly specify the reason and the time limit of
suspension, measures to ensure the rights of the lecturers, students and
laborers in school. The decision on the training activity suspension must be
publicized on the mass media.
d) After the time limit of
suspension, if the college overcoms the causes of the suspension, the Minister
of Education and Training will consider and make a decision to allow the school
to operate again.
5. Article 14 is supplemented
and amended as follows:
Article 14. Dissolution of
the college
1. College will be dissoluted in
the following cases :
a) Seriously violating the
regulations on management and operation organization of college;
b) The time limit of training
activity suspension is over but the college hasnot overcome the cause of the
suspension ;
c) The objectives and operation
content of the college are no longer in conformity with the requirement of the
social and economic development of the area and locality.
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d) At the proposal of agency,
organizations and individuals that have founded the college ;
2. Dossier of proposal for
college dissolution
a) The written request of the
agency or organization and individual that have founded the college in which
clearly specifies the reasons and purpose of the school dissolution.
b) Report of direct management agency,
of the organization or individual on the operation situation of the college,
proposal of dissolution plan, measures to ensure the rights of the lecturers,
students and laborers as prescribed by law and plan for settlement of school
property.
c) Number of dossier : 01
set
3. Procedures for college
dissolution
a) The Ministry of Education and
Training receives dossier from the management agency, organizations and
individuals that propose college dissolution. Within 30 working days from the
date of receiving the valid dossier, the Minister of Education and Training
will make a decision on establishing the assessment Council for the dossier of
the college dissolution.
b) Based on the assessment
result, the Minister of Education and Training will make a decision on college
dissolution.
c) The decision on school
dissolution must clearly specify the reason, measures to ensure the rights of
the lecturers, students and laborers in school. The decision on school
dissolution must be publicized on the mass media.
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“Article 17. Conditions for
operation registration
1. Having the decision to
establish or decision to allow the college establishment of the Minister of
Education and Training.
2. Having completed the school’s
organizational structure consistent with the dossier of the school
establishment approved.
3. Having qualified staff of
official lecturers and management cadres to build and implement the training
program and ensure a ratio of no more than 25 students/lecturer for each
knowledge block of all training program in which at least 15% of lecturers
having master degree or higher.
4. Having enough lecture halls,
classrooms, libraries, suitable function rooms, laboratory and practice
facilities and other material facilities to meet the requirements of the
training program. The house area built and put into use is at least 9m2/student
on average, in which the working area is at least 6m2/student, area of
accommodation and living for students is at least 3m2/student; Having enough
working room for lecturers and school officials with the minimum area of
8m2/person.
5. Having financial resources to
ensure the training cost, maintaining and developing the training activity of
school.
6. Having developed and promulgated
the Regulation on organization and operation and Regulation on internal
expenditure.
7. Ensuring the conditions to
open the training branches in accordance with the current regulations of the
Minister of Education and Training.
7. Article 17a is supplemented
as follows:
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1. Dossier of operation
registration
a) The report on operation
registration and opening of training branches will briefly introduce the
process of construction and development of the school, the necessity for
opening the training branches, training objectives, program structure,
description of subjects in detail, training plan, capacity and rate of
assurance of the conditions as prescribed in Article 17 of this Regulation.
b) The valid copy of the
Decision on establishment or permission of college establishment of the
Minister of Education and Training.
c) Regulation on organization
and operation of the school;
d) The notarized copy of the
Certificate of land use right or the written approval to allot the land for
school building in which clearly defining the area, landmark and address of the
land lot of the provincial-level People’s Committee or legal documents on the
use right of the land lot reserved for school building.
dd) The planning for the school
building and the overall design approved by the direct management agency for
the public colleges or approved by the provincial-level People’s Committee for
private colleges.
e) Report on the implementation
of commitment in the project of school establishment including construction
area, amount, classroom area, working room, laboratory, practice facility;
library, dormitory, works for recreational activities, sports, culture, health,
services, the financial situation to prepare for school activities in
accordance with the contents and plan for implementation of the project;
training scale and teaching staff of the training branches;
g) Plan for registration to open
the training branches approved by the Council of Science and Training of the
school;
h) The record of practical
inspection and certification of the provincial-level People’s Committee on the
situation of school building, material facility, staff of lecturers written in
the Dossier of operation registration and the opening of training branches of
the school.
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k) The number of dossier sent
for practical inspection and assessment (except for dossiers stipulated at
point h and i of this clause) : 03 sets sent to the provincial-level
People’s Committee and 05 sets sent to the training program assessment unit.
l) The number of dossier sent to
the Ministry of Education and Training : 01 set
2. Procedures for operation
permission
a) The college sends the operation
registration to the provincial People's Committee where the college is located
in order to verify and certify the conditions for registration of training
activity, at the same time sending the official dispatch to the Ministry of
Education and Training to request the assessment of the training program;
b) The provincial People's
Committee will establish a team to inspect the conditions for operation
registration, making record of certification and sending 01 copy to the
Ministry of Education and Training, 01 copy sent to the school and 01 copy
retained with the set of dossier as a basis for the inspection of the school’s
compliance during the process of organization and training.
c) The Ministry of Education and
Training will appoint a unit to assess the training program. The assessment
unit is responsible for setting up the assessment Council with a record for
evaluating the structure and contents of the training programs, conditions of
material facilities and equipment provided for the teaching and learning; the
staff of lecturer and management officials and other conditions of quality
assurance, conclusion on the content of the program quality and conditions to
ensure the quality of training program of the project. The head of the
assessment unit will certify the record and conclusion of the Council and send
01 copy to the Ministry of Education and Training for report, 01 copy sent to
the school that will be assessed for the completion and supplement of the
project dossier and 01 copy retained at the assessment unit.
d) Based on the record of the
provincial People's Committee for the inspection of the operation registration
and opening of training branches, the record of the training program assessment
Council, the college will complete and supplement the dossier and send it to
the Ministry of Education and Training. Within 60 working days from the receipt
of valid dossier, the Minister of Education and Training will make a decision
on allowing the operation and opening of the training branches if the dossier
meets conditions for the operation and opening of the training branches or
notify the training facility if the dossier does not meet conditions.
8. Clause 1 of Article 35 is
amended as follows :
“1. The General Meeting of
Shareholders, including all shareholders who contribute capital to build the
private college. All shareholders have voting rights, the voting value is
calculated at the rate of the share of capital contribution.
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“Article 7. Registration for
second degree from intermediate level to the university level
1. Dossier of registration for
second degree from intermediate level to the university level consists
of :
a) Report on registration for
second degree. The content of the report must specify : the branch and
level of registration for second degree, training demand, training facility,
organization of training process, criteria, forms and conditions of selection,
estimated training target, conditions of training quality assurance and
commitments of quality assurance.
b) The copy of decisions on
opening the branches for which registered the second degree training is
registered.
c) The comparison table of the
programs that have been trained of the enrolment subjects at the intermediate
level and the training programs for graduation degree at the university level
as a basis for building second degree training program;
d) Second degree training
program
dd) The program supplements
knowledge for the learners of different branch of second degree training but in
the same block of branch
e) Number of dossier : 01
set
2. Procedures for registration
of second degree training
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Article 3. This Article
will take effect on November 20, 2011.
Article 4. The Ministers,
Heads of ministerial-level agencies, Governmental agencies, Chairmans of
People's Committees of government affiliated provinces and cities, the Chief of
the Ministry Secretariat, the Director of Department of University Education,
Heads of agencies concerned under the Ministry of Education and Training,
Directors of the universities, students and principals of universities and
colleges are liable to execute this Circular.
PP
MINISTER
DEPUTY MINISTER
Bui Van Ga