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NATIONAL
ASSEMBLY’S OFFICE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 42/VBHN-VPQH
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Hanoi, December
10, 2018
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LAW
HIGHER EDUCATION
Law on Higher Education No. 08/2012/QH13 dated June
18, 2012 of the National Assembly, coming into force as from January 1, 2013,
shall be amended and supplemented by:
1. The National Assembly’s Law No. 32/2013/QH13
dated June 19, 2013 on amendments and supplements to several Article of the Law
on Corporate Income Tax, in force as from January 1, 2014;
2. The National Assembly’s Law on Vocational
Education No. 74/2014/QH13 dated November 27, 2014, coming into force as from
July 1, 2015;
3. The National Assembly’s Law on Fees and Charges
No. 97/2015/QH13 dated November 25, 2015, coming into force as from January 1,
2017;
4. The National Assembly’s Law No. 34/2018/QH14 dated
November 19, 2018 on amendments and supplements to several Articles of the Law
on Higher Education, in force as from July 1, 2019.
Pursuant to the Constitution of Socialist
Republic of Vietnam 1992, amended in the Resolution No. 51/2001/QH10;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for the organizational
structures, duties and mandates of higher education institutions, academic,
scientific, technological, international cooperation, quality assurance and
accreditation activities, lecturers, students, financing and property of higher
education institutions, and state management of higher education.
Article 2. Subjects of application2
1. This Law applies to higher education
institutions, organizations and individuals involved in higher education
activities.
2. Academies and other academic institutions
established by the Prime Minister under the Law on Science and Technology with
licenses to provide doctoral degree programs that enroll and train students in
accordance with this Law.
Article 3. Application of Law on Higher
Education
Organization, operation of higher education
institutions and management of higher education activities shall be subject to
regulations of this Law, the Law on Education and other regulatory provisions
of relevant law.
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For the purposes of this Law, terms used herein are
construed as follows:
1. “higher education institution” means an
education institution belonged to the national education system that provides
all-level higher education programs, engages in science and technology
activities and serves the community.
2. “university, institute” (hereinafter
referred to as university) means a higher education institution that provides
training in multiple academic disciplines and has an organizational structure
conformable with this Law.
3. “parent university” is composed of a
higher education institution that trains and researches in multiple fields and
has an organizational structure conformable with this Law; its component units
that pursuit the same missions and objectives.
4. “member institution” means a university
or research institution that is a legal entity, established or permitted to be
established by the Prime Minister, has the autonomy over its organization and
operation as prescribed by law and its own rules and regulations.
5. “direct subsidiary” means a legal entity
of a higher education institution, established under a decision of the school
council of the university or parent university (hereinafter referred to as
“school council”); organized and run in accordance with law, rules and
regulations of a higher education institution.
6. “subsidiary” means a non-legal entity of
a higher education institution that is established under a decision of the
school council; organized and run in accordance with law, rules and regulations
of a higher education institution, and regulatory provisions of law.
7. “school” means an academic unit of a
higher education institution, established under a decision of the school
council issued in accordance with regulations of the Government; organized and
run in accordance with rules and regulations of a higher education institution.
8. “academic discipline” means an area of
academic knowledge and skills relevant to a specific profession or science,
listed and categorized by the Ministry of Education and Training.
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10. “academic field” means a group of
academic disciplines that have common knowledge and skills relevant to a
specific profession or science, listed and categorized by the Prime Minister.
11. “autonomy” means the right of a higher
education institution to determine its own targets and how to achieve them; to
decide and assume accountability for their professional and academic
activities, organization, personnel, finance, assets and other activities
within the law and the capacity of the higher education institution itself.
12. “accountability” means the
responsibility of a higher education institution to report and provide
information for learners, the public, competent authorities, the owner and
relevant parties on its conformity with law and its rules and commitment.”.
Article 5. Objectives of higher education
1. General objectives:
a) Aim at training manpower, raising public
knowledge and talent fostering; scientific and technological research,
development of new knowledge and products, and conformance to the
socio-economic development requirements, ensuring national defense and security
and international integration;
b) Train students having political and moral
qualities; having knowledge, professional practice skills, scientific and
technological research and development capacity commensurate with the training
level; good health; creative ability and professional responsibility,
adaptability to the working environment; a sense of duty towards the People.
2. Specific academic goals4 of bachelor,
master and doctoral degree programs:
a) 5 (repealed)
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c) Provide students with master degree programs so
that students have basic scientific knowledge, have in-depth skills for
research in a scientific field or effective professional activities, and have
the ability to work independently, creatively, detect and solve issues and
problems in their respective academic major;
d) Provide doctoral degree programs so that PhD
students gain high theoretical and empirical skills, are capable of conducting
researches independently, creatively, developing new knowledge, discovering
principles and laws of nature and society, and solving new problems in science
and technology, providing guides to scientific research and academic
activities.
Article 6. Levels and forms of higher education6
1. Higher education levels shall be classified into
bachelor, master and doctoral levels.
2. Training forms include formal, in-service training
and distance education. Students can transfer between the training forms
according to the academic transition principles.
3. A higher education institution may organize
regular education activities and provide short-term courses aimed at conferring
academic certificates or qualification according to their respective academic
disciplines or fields in accordance with law in order to meet students’
lifelong learning demands.
4. The Government shall promulgate regulations on
academic levels that students can reach in special academic disciplines.
Article 7. Higher education institutions7
1. Higher education institutions are legal
entities, including universities, parent universities and other higher
education institutions defined by law.
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2. Types of higher education institutions,
including:
a) Public higher education institutions that
receive the State investments and guarantees for their operation, and of which
the owners are represented by the State;
b) Private higher education institutions that
obtain investment funds or guarantees for their operation from domestic or
foreign investors.
A not-for-profit private higher education
institution is the higher education institution in which the investor makes the
commitment not to running it for profit under the decision to permit its
establishment or conversion; the investor does not run it for profit, is not
allowed to withdraw their fund or receive share dividends; on which the annual
accumulated profit is under the undistributable joint ownership for later
reinvestment purposes.
Only conversion from a private higher education
institution to a non-profit private higher education institution is permitted.
3. All types of higher education institutions have
equal rights before law.
4. Based on the socio-economic development
capabilities and requirements, a higher education institution may determine its
developmental objectives and operational orientations towards:
a) A research-oriented higher education
institution;
b) An application-oriented higher education
institution.
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Article 8. National Universities
1. National university refers to a high-quality
multidisciplinary and multi-sectoral training, scientific and technological
research center that is entitled to receive capital investment incentives from
the State.
2. National universities has a high level of
autonomy8 in training, scientific research, finance, international
cooperation and machinery. National universities are put under the control of
the Ministry of Education and Training, other ministries, central authorities
and People's Committees at the local jurisdictions where these national
universities are located under their authority delegated by the Government and
in accordance with law.
National universities may directly collaborate with
Ministries, Ministry-level agencies, Governmental bodies, and People’s
Committees of centrally-affiliated cities and provinces in addressing issues
related to national universities. Where necessary, Directors of National
Universities can report to the Prime Minister on issues related to their
operation and development.
3. Appointment and discharge of Chairpersons of
School Councils, Directors and Vice Director shall be subject to the Prime
Minister’s decisions.
4. The Government shall promulgate specific
regulations on functions, duties and mandates of National Universities.
Article 9. Ranking of higher education
institutions9
1. Ranking of higher education institutions is
meant to reflect their reputation, quality and effective according to certain
criteria and ensure accessibility of information to relevant organizations and
individuals.
2. Higher education institutions may select and
participate in reputable domestic and international ranking systems.
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Article 10. Language used by higher education
institutions
Vietnamese shall be the dominant language used by
higher education institutions.
According to the Prime Minister's instructions,
higher education institutions can exercise the freedom of choice of using
foreign languages in their academic programs.
Article 11. Higher education institution network
planning10
1. The higher education institution network
planning shall ensure the efficient use of available resources; harmony between
the public and private higher education institutions; development of private
non-profit higher education institutions; introduce a mechanism for
establishment of major universities in order to meet the needs of learning,
achieve sustainable development, and serve industrialization, modernization and
international integration.
2. Higher education institution network shall
comply with the Law on Planning and the following regulations:
a) Determine the targets and orientations for
development of the higher education system;
b) establish higher education institution
standards;
c) Arrange space and distribute resources for
development of the higher education institution network; improve training
quality to facilitate development of high quality human resources; development
key economic regions and extremely disadvantaged areas.
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Article 12. State policies on development of
higher education11
1. Development of higher education is meant to
develop high quality human resources, meet socio-economic development
requirements and ensure national defense and security.
2. Funds and resources shall be given to
development of higher education on principles of competitiveness, equality and
efficiency through investment in research and development (R&D) investment,
signing research and training contracts, offering scholarships, student credit
and other forms.
Higher education development will be given certain
privileges and incentives in terms of land, tax, credit and other policies.
3. Prioritize investment in development of certain
regional and international higher education institutions, academic disciplines
and teacher training institutions; develop some special academic disciplines
and higher education institutions capable of achieving strategic national and
regional objectives.
Encourage rearrangement and merger of universities
into parent universities; apply technology to higher education.
4. Seek private investment in higher education;
encourage development of private higher education institution; give priority to
non-profit private higher education institution; provide incentives for
organizations and individuals that invest in education and training, science
and technology activities in higher education institutions; grant tax exemption
or reduction to property that are donated to serve higher education, given as
scholarships or participation in student credit programs.
5. Introduce uniform policies to ensure autonomy
and accountability of higher education institutions.
6. Ensure relation between training and demand for
labor; research into application of science and technology; enhance cooperate
between higher education institutions, enterprises and science and technology
organizations; provide tax incentives for science and technology products of
higher education institutions; encourage organizations and enterprises to
facilitate students and lecturers to improve practical skills, participate in
internship, scientific research and technology transfers in order to improve
training quality.
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8. Give priority to people eligible for social
benefits (hereinafter referred to as “disadvantaged people"), people in
extremely disadvantaged areas and students in special academic disciplines in
order to ensure adequate human resources for socio-economic development; ensure
gender equality in higher education.
Article 13. Party organizations, unions and
social organizations in higher education institutions
1. Party’s intramural organizations of institutions
shall be established and operated under the Charter of the Communist Party of
Vietnam or within the constitutional and legislative framework.
2. Unions and social organizations in higher
education institutions shall be established and operated under the rules and
regulations of their organizations, Constitution and law.
3. Higher education institutions must enable the
organizations of the Communist Party, unions and social organizations to be
established and operated under the regulations of clause 1 and 2 of this
Article.
Chapter II
ORGANIZATION OF HIGHER EDUCATION INSTITUTIONS
Section 1: ORGANIZATIONAL STRUCTURES OF HIGHER
EDUCATION INSTITUTIONS
Article 14. Organizational structure of a
university12
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a) The university council or academy council (hereinafter
referred to as “school council");
b) The university principal or academy director
(hereinafter referred to as “principal”); the vice-principals or vice-directors
(hereinafter referred to as “vice-principals”);
c) The science and training council; other councils
(if any);
d) Faculties, dedicated rooms, library, science and
technology organization, other organizations serving training activities;
dd) Schools, campuses, research institutes, service
facilities, enterprises, business establishments and other units (if any)
necessary for development of the university.
2. The specific organizational structure of a
university, relationship and level of autonomy of its direct/indirect
subordinates shall be specified in the university’s rules and regulations.
Article 15. Organizational structure of a
university13
1. A parent university shall be structured into:
a) The school council;
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c) The science and training council; other councils
(if any);
d) Affiliated universities and research institutes
(if any); schools, boards, science and technology organizations, library and
other organizations serving training activities;
dd) Faculties, campuses, research institutes,
service facilities, centers, enterprises, business establishments and other
units (if any) necessary for development of the parent university.
2. The specific organizational structure of a
parent university, relationship and level of autonomy of its member
institutions, direct/indirect subsidiaries shall be specified in the
university’s rules and regulations.
Article 16. School council of a public
university14
1. The school council of a public university is the
organization that administers and exercises the representation rights of the
owner and other stakeholders.
2. The school council of a public university has
the following responsibilities and entitlements:
a) Decide the development strategies, developmental
plans, annual plans of the university; orientation to develop the university
into a parent university or merge the university into another;
b) Issue the university’s rules and regulations,
finance regulations and grassroots democracy regulations in accordance with
this Law and relevant laws;
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d) Decide the organizational structure, personnel
structure, establishment, merger, split-up, split-off, dissolution of the
university’s units; prepare a list of work positions, standards and working
conditions thereof; issue regulations on recruitment, employment and management
of lecturers and other employees in accordance with law;
dd) Decide and seek competent regulatory
authorities’ consent to recognition or dismissal of the principal; designation
and dismissal of vice-principals on the basis of the principal’s request; seek
the decision related to other managerial positions subject to the university’s
rules and regulations; annual performance assessment by the school council’s
president or the institution’s principal; mid-tenure or irregular votes on
confidence in the school council’s president or the institution’s principal
according to the university’s rules and regulations;
e) Decide incentive policies to call for
investments in the universities; policies regarding tuition fees and financial
aid for students; approve financial plans; approve annual financial statements
and final accounts of lawful revenues of the university;
g) Decide policies for investment and use of assets
of great value under the management of the university in accordance with its
rules and regulations; decide salaries, bonuses and other benefits of holders
of leadership or executive positions according to their performance,
achievements and other matters under the university’s rules and regulations;
h) Supervise the implementation of decisions issued
by the school council, adherence to law, implementation of democracy practices
during the university’s operation and the principal’s accountability; supervise
the management and use of funds and assets of the university; present annual
reports in the plenary meetings on supervision results and performance of the
school council;
i) Adhere to law; take responsibility before the
law and to competent authorities and relevant parties for decisions made by the
school council; ensure transparency and availability of information and
reports; facilitate inspections by competent authorities; assume accountability
within the scope responsibility and power of the school council; facilitate
supervision by the society, organizations and individuals within the university;
k) Other responsibilities and entitlements
specified in the university’s rules and regulations.
3. Composition, placement and responsibilities of
members of the school council of a public university:
a) The number of school council members must be an
odd number and not smaller than 15, including both intramural and extramural
members;
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Inherent members include the secretary of internal
communist party organization, the principal, union president and representative
of the steering board of Communist Youth Union of Ho Chi Minh City that are
students of the university.
Elected members include representative of
lecturers, the quantity of which shall account for at least 25% of the total
number of members; representatives of other employees;
c) The quantity of external members shall account
for at least 30% of the total number of members, including representatives of
competent authorities and social communities elected by the school assembly
including political leaders, managers, education experts, culture researchers,
scientists, business people, former students, representatives of employers;
d) School council members shall perform and take
responsibility for the performance of the tasks given by the school council
president and other tasks prescribed by law and the university’s rules and
regulations; participate in every meeting of the school council and take
responsibility for the performance of their responsibilities and entitlements.
4. The qualification standards, responsibilities
and entitlements of the school council president:
a) The school council president shall have
political credentials, good ethics, and reputation, experience of higher
education management, good health suitable for his/her tasks, and age
conformable with law.
b) A member of the school council shall be elected
by the school council as president by holding a ballot under the majority rule;
the elected president will receive a recognition decision issued by a competent
authority; in the cases where an external member is elected as school council
president, he/she shall become a full-time officer of the university; the
school president shall not concurrently hold any other managerial position in
the university;
c) The school council president has the
responsibility and the right to direct and organize performance of tasks and
entitlements of the school council; direct the development of annual plans and
programs; hold and chair school council meetings; sign documents issued by the
school council; use the existing apparatus and seal of the university to serve
the operation of the school council; perform tasks of a school council member
and other duties and entitlements prescribed by law and the university’s rules
and regulations;
d) Assume responsibility for performance of his/her
duties and entitlements.
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a) The list of president and members of the school
council shall be posted on the university’s website after it is recognized by a
competent authority;
b) The tenure of a school council is 05 years. The
school council shall hold a periodic meeting at least every 03 months and ad
hoc meetings as requested by the president or principal or at least one third
of the school council members. A school council meeting is considered valid
when it is participated by 50% of the members, including external members;
c) The school council shall work on the principle
of collectives and make decisions under the majority rule, unless a higher
ratio is prescribed by the university’s rules and regulations; decisions of the
school councils shall be presented in the form of resolutions,
6. Rules and regulations of a public university
include the following contents:
a) Standards, number of tenures and authorization
by the school council president;
b) Standards, duties and entitlements, procedures
for electing and dismissing vice-presidents (if any) and school council
secretary;
c) Quantity, structure of members; addition and
replacement of members; methods for making decisions of the school council
regarding each type of activities;
d) Procedures for designation of the principal and
other managers of the university; grounds and procedures for proposing
dismissal of the principal; quantity of deputies; tenure of the principal,
vice-principals and other managers of the university;
dd) Operating budget, standing body, control body
and assistance apparatus of the school council; composition and procedures for
holding the school assembly;
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g) Other contents necessary for operation of the
school council.
7. The school council of a public university that
is a member of a parent university shall implement the provisions of this
Article and the parent university’s rules and regulations.
8. The Government shall elaborate the procedures
for establishment and recognition of school councils; recognition and dismissal
of school council presidents; designation and dismissal of other school council
members; organization of school councils of higher education institutions
affiliated to the Ministry of Public Security and the Ministry of National
Defense.
Article 16a. Investors15
1. An investor is a domestic/foreign organization
or individual that invests in establishment of a for-profit or non-profit
private higher education institution from non-state capital.
2. Responsibilities and entitlements of an
investor:
a) Ratify the strategies or plans for development
of the higher education institution, plans for development from a university
into a parent university or merger of the university into another university
proposed by the school council or the parent university’s council;
b) Decide the total capital contribution of the
investor, project of investment in development of the higher education
institution, raising of capital (if any); the annual plan for use of the
difference between revenue and expense or loss cut plan; ratify annual
financial statements of the higher education institution;
c) Elect or nominate, dismiss school council
members; ratify standards and designation of the principal or director of the
university proposed by the school council;
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dd) Promulgate and amend finance regulations of the
higher education institution; ratify the regulations on finance and assets of
the higher education institution in terms of salaries, bonuses and other
benefits of managers in the higher education institution;
e) Contribute capital in full and punctually;
supervise capital contribution under the higher education institution’s
establishment scheme;
g) Establish a board of controllers which will
inspect and supervise the performance of management and operation tasks of by
the school council, principal, vice-principals, director, vice-directors and
other units in the higher education institution; establishment, composition,
duties and entitlements of the board of controllers shall comply with the Law
on Enterprises and relevant laws;
h) Consider imposing penalties for violations
committed by the school council if they cause damage to the higher education
institution in accordance with law and the higher education institution’s rules
and regulations;
i) Decide reorganization or dissolution of the
higher education institution in accordance with law;
k) Publish the list of capital contributors of the
higher education institution on its website;
l) Other responsibilities and entitlements
prescribed by the Law on Investment and relevant laws;
m) Investors in private non-profit higher education
institutions shall be given credit for their contribution.
3. Investors in a higher education institution may
choose one of the following methods:
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b) Directly invest in establishment of a private
higher education institution in accordance with this Law. In this case, the higher
education institution’s rules and regulations shall provide for the general
assembly of investors and investors’ activities, application of relevant laws
on limited liability companies or social funds to solves issues in the higher
education institution that are not regulated by this Law; responsibilities and
entitlements of investors and the board of controllers in accordance with
applied laws.
Article 17. School councils of for-profit or
non-profit private universities16
1. The school council of a for-profit or non-profit
private university is the executive organization that represents the investors
and other parties with relevant interests.
2. The school council of a for-profit or non-profit
private university has the same responsibilities and entitlements specified in
Clause 2 Article 16 of this Law, except for those of investors specified in
Clause 2 Article 16a of this Law; is entitled to directly designate and dismiss
the university’s principal in accordance with its rules and regulations.
3. The number of members of the school council of a
for-profit or non-profit private university shall be an odd number and:
a) the school council of a private university
consists of the investors, internal and external members elected by the general
assembly of investors according to their holdings;
b) the school council of a non-profit private
university consists of representatives of investors elected by the investors
according to their holdings; internal and external members.
Internal members include inherent members and
members elected by the school assembly. Inherent members include the secretary,
the principal, union president and representative of the steering board of
Communist Youth Union of Ho Chi Minh City that are students of the university.
Elected members include representatives of lecturers and employees of the
university.
External members are elected by the school
assembly, including political leaders, managers, education experts, culture
researchers, scientists, business peoples, former students, representatives of
employers.
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a) The school council president shall be a
full-time or part-time manager of the university as prescribed by its rules and
regulations, elected by the school council and recognized by the general
assembly of investors or the owner;
b) The principal is entitled to attend and discuss
during school council meetings, and may only vote if he/she is a school council
member;
c) In the cases where the school council president
is also the university's legal representative or a person mentioned in Point b
Clause 3 Article 20 of this Law, he/she must satisfy the principal’s standards
and take responsibility for performance of his/her tasks and entitlements;
d) Other provisions in Clause 4 and Clause 5
Article 16 of this Law.
5. The rules and regulations of a for-profit or
non-profit private university include the contents specified in Clause 6
Article 16 of this Law and shall specify the ratio of representatives of
investors to total number of school council members.
6. The Government shall elaborate the procedures
for establishment and recognition of school councils; recognition and dismissal
of school council presidents.
Article 18. School councils of parent
universities17
1. The school council of a parent university has
the following responsibilities and entitlements:
a) Decide the development strategies, development
plans, annual plans of the parent university, its reorganization and admission
of new members as prescribed by law;
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c) Decide the training orientation, scientific
activities, international cooperation and ensure higher education quality;
d) Decide organizational structure and subsidiaries
of the parent university; standards of the president, vice-presidents (if any)
and members of the school council; standards of the director and
vice-directors; issue or propose issuance of decisions on recognition and
dismissal of the director; designate and dismiss vice-directors as proposed by
the director, except for the cases specified in Clause 3 Article 8 of this Law;
managerial positions in the affiliates prescribed by the parent university’s
rules and regulations; organize annual assessment of performance of the school
council president and director; hold mid-tenure or irregular vote on confidence
in the school council president or director;
dd) Decide policies on investment, development of facilities
and resources commonly shared in the parent university; policies on attracting
investments in development of the parent universtiy; policies of investment and
use of valuable assets under the management of the parent university according
to its rules and regulations; salaries, bonuses and other benefits of managers
of affiliates of the parent university according to their performance; tuition
fees and assistance for students; approve financial plans; ratify annual
financial statements and statements of lawful sources of income of the
university;
e) Supervise the implementation of decisions issued
by the school council, implementation of democracy regulations and the
director’s accountability; supervise the management and use of funds and assets
of the parent university; submit annual reports on supervision results and
performance of the school council to the school assembly;
g) Adhere to law; take responsibility before the
law and to competent authorities and relevant parties for decisions made by the
school council; ensure transparency and availability of information and
reports; facilitate inspections by competent authorities; assume accountability
within the scope responsibility and power of the school council; facilitate
supervision by the society, organizations and individuals within the parent
university;
h) Perform responsibilities and entitlements
specified in the parent university’s rules and regulations; other
responsibilities and entitlements to their affiliates according to Clause 2
Article 16 of this Law.
2. The school council of a for-profit or non-profit
private university has the same responsibilities and entitlements specified in
Clause 2 Article 16 of this Law, except for those of investors specified in
Clause 2 Article 16a of this Law; is entitled to directly designate and dismiss
the university’s principal in accordance with its rules and regulations.
3. The number of members of the school council of a
parent university shall be an odd number and:
a) The school council consists of both internal and
external members.
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The quantity of external members shall account for
at least 30% of the total number of members, including representatives of
competent authorities; representatives of external members elected by the
school assembly including political leaders, managers, education experts,
culture researchers, scientists, business peoples, former students,
representatives of employers;
b) The school council of a private parent
university consists of the investors, internal and external members elected by
the general assembly of investors according to their holdings;
c) The school council of a non-profit private
parent university consists of the investors elected by the general assembly of
investors according to their holdings, internal and external members.
Internal members include inherent members that are
the secretary of the internal communist party organization, president of the
internal union, representatives of Communist Youth Union of Ho Chi Minh City
that are students of the university, representatives of lecturers and other
employees of the parent university elected by its school assembly.
External members are elected by the school
assembly, including political leaders, managers, education experts, culture
researchers, scientists, business peoples, former students, representatives of employers;
d) Members of the school council shall perform its
tasks given by the school council president and other tasks prescribed by law
and the parent university’s rules and regulations; participate in every meeting
of the school council and take responsibility for the performance of their
responsibilities and entitlements.
4. The election and standards of the school council
president; the list and tenure of school council members; working rules of the
school council of a public parent company shall comply with Clause 4 and Clause
5 Article 16 of this Law. Responsibilities of the school council president of a
private parent company; the list and tenure of school council members; working
rules of the school council of a private parent company shall comply with
Clause 4 Article 17 of this Law.
5. Regulations on school councils of parent
universities include the following contents:
a) Standards, number of tenures and authorization
by the school council president;
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c) Quantity, structure of members; addition and
replacement of members; methods for making decisions of the school council
regarding each type of activities;
d) Procedures for designation of the director and
managers of the university; grounds and procedures for proposing dismissal of
the director; quantity of deputies; tenure of the director, vice-directors and
other managers of affiliates without legal entity status of the parent
university;
dd) Operating budget, standing body, control body
and assistance apparatus of the school council; composition and procedures for
holding the school assembly, and other regulations on organization and
operation of the school assembly;
e) Separation between responsibilities and
entitlements of the school council and the director; the relationship between
the school council and the council of subsidiaries and affiliates (if any);
g) Other contents necessary for operation of the
school council.
6. The Government shall elaborate the procedures
for establishment and recognition of school councils; recognition and dismissal
of school council presidents and members of parent universities.
Article 19. Science and training council
1. Science and training council18 shall have
the duty to give counsels19 on formulation of:
a) Rules and regulations on training, scientific
and technological activities, standards for recruitment of lecturers,
researchers, staff members of libraries and laboratories;
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c) Projects on commencement of majors, training
majors, implementing and canceling training programs; science and technology
development orientation, science and technology activity plan, assignment of
training, science and technology tasks.
2. Science and training council composed of
principal; academic and research vice principals; heads of training and
research institutions; heads of training and research institutions; authoritative
scientists representing academic areas and fields of study.
Article 20. Principals of higher education
institutions20
1. The principal of a university or the director of
a parent university (hereinafter referred to as “principal") is the person
responsible for management and administration of the higher education
institution’s activities in accordance with law and the higher education
institution’s rules and regulations.
The designation of the principal of a public higher
education institution shall be decided by the school council and recognized by
a competent authority; the designation of the principal of a for-profit or
non-profit private higher education institution shall be decided by the school
council.
The tenure or term in office of the principal shall
be decided by the school council and must not exceed the tenure of the school
council.
2. The principal of a higher education institution
shall:
a) have political credentials, a doctoral degree;
be physically capable of his/her duties; has academic reputation, experience of
higher education management and an age conformable with law;
b) satisfy specific standards prescribed by the
higher education institution’s rules and regulations.
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a) Act as the legal representative and account
holder of the higher education institution, unless otherwise prescribed by the
rules and regulations of the for-profit or non-profit private higher education
institution;
b) organize professional and academic activities,
personnel, finance, assets, domestic and international cooperation and other
activities prescribed by law, the higher education institution’s rules and
regulations and decisions of the school council;
c) Submit documents to the school council for
issuance after getting comments from relevant entities within the higher
education institution; issue other regulations of the higher education
institution in accordance with its existing rules and regulations;
d) Propose designation and dismissal of managers
under the management of the school council; designate and dismiss other
managers of the higher education institution; decide investment projects in
accordance with the higher education institution’s rules and regulations;
dd) Submit annual reports to the school council on
performance of the principal and the board of administrators, finance and
assets of the higher education institution; ensure transparency and
availability of information; comply with regulations on reporting and inspections
by competent authorities; assume accountability for the principal’s duties and
entitlements;
e) Perform other duties and entitlements prescribed
by law; take responsibility before the law, the school council and relevant
parties; be supervised by relevant organizations and individuals regarding
fulfillment of given duties and entitlements.
Article 21. Campuses of higher education
institutions21
1. Campuses in Vietnam of Vietnamese higher
education institutions:
a) A campus in Vietnam of a Vietnamese higher
education institution belongs to its organizational structure and does not have
legal entity status; such a campus may be established in a province other than
that of the headquarters of the higher education institution and must comply
with the higher education institution network planning;
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c) The organizational structure and operation of
such a campus shall comply with the higher education institution’s rules and regulations.
2. Campuses in Vietnam of foreign higher education
institutions:
a) Campuses in Vietnam of foreign higher education
institutions are established and maintained by the foreign higher education
institutions;
b) Regulations applied to private higher education
institutions established in Vietnam by foreign investors shall apply to
campuses in Vietnam of foreign higher education institutions.
3. Overseas campuses of Vietnamese higher education
institutions:
a) Overseas campuses of Vietnamese higher education
institutions are established overseas and maintained by Vietnamese higher
education institutions, which have the responsibility to report to the Ministry
of Education and Training;
b) Regulations of the host country on establishment
and operation of higher education institutions shall apply to overseas campuses
of Vietnamese higher education institutions.
4. The Government shall elaborate regulations on
establishment and operation of campuses in Vietnam of higher education
institutions.
Section 2: ESTABLISHMENT, MERGER, SPLIT-UP,
SPLIT-OFF AND DISSOLUTION OF HIGHER EDUCATION INSTITUTIONS; APPROVAL,
SUSPENSION OF TRAINING ACTIVITIES
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1. Higher education institution may be set up or
gain permission for establishment when meeting the following conditions:
a) Have foundation projects in conformity with 22
the approved planning scheme for development of the network of higher education
institutions;
b) Obtain written consent to its establishment and
confirmation of the right to use land from the People’s Committee of the
province where its main office is located;
c) Obtain confirmation of its financial
affordability for investment in building the higher education institution from
the competent authority;
d) 23 If it is a foreign-invested higher
education institution, it must satisfy other conditions prescribed by the Law
on Investment.
2. 04 years after the effective date of the
establishment decision or the permission for its establishment, if the higher
education institution is not allowed to provide academic programs, the
establishment decision or the decision on approval of establishment shall be
invalidated.
Article 23. Conditions for eligibility for
permission to provide academic programs
1. Higher education institution may be set up or
gain permission for establishment when meeting the following conditions:
a) Receive the decision on establishment or
permission for establishment;
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c) Have sufficient training programs, teaching and
learning materials as prescribed;
d) Have the adequate number of teaching staff and
administrative officials meeting professional skill and qualification requirements
according to the consistent personnel structure;
dd) Have necessary finance resource as prescribed
to ensure the maintenance and development of the higher education institution;
e) Adopt its organizational and operational rules
and regulations.
2. 03 years after the effective date of the
decision on permission to provide academic programs, if the higher education
institution fails to operate, that decision shall be invalidated.
Article 24. Merger, split-off and split-up of
higher education institutions
The merger, split-off or split-up of vocational
education institutions must:
1. Conform to the planning scheme for development
of the higher education institution network;
2. Meet socio-economic development requirements;
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4. Contribute to improving higher education quality
and efficiency.
Article 25. Suspension of operation of higher
education institutions
1. The higher education institution's operation
shall be suspended in the following cases:
a) Commit any fraudulent act to be eligible for its
establishment, obtain permission for its establishment or its training
activities;
b) Do not satisfy one of requirements as prescribed
in Clause 1 Article 23 of this Law;
c) The person granting permission to provide
academic programs does not have competence;
d) Commit violations against law on education to
the extent of facing administrative penalty imposed in the form of business
suspension;
dd) Other cases as prescribed.
2. The Decision on suspension of higher education
activities must contain clear reasons for the suspension, deadline for
suspension, guarantee for lawful interests of lecturers, staff members and
students of the receiving higher education institution. The decision on
suspension of higher education must be announced on the means of mass media.
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Article 26. Dissolution of higher education
institutions
1. Higher education institutions shall be dissolved
in the following cases:
a) Commit serious violations against law;
b) The deadline for suspension of training
activities expires but the causes of the suspension have not already been
solved;
c) Objectives and activities involved in the
establishment decision or the decision on approval of establishment of the
higher education institution suit the socio-economic development demands;
d) The dissolution is requested by any entity or
person setting up the higher education institution;
dd) The higher education institution fails to
adhere to the commitments agreed upon the approved project within 05 years
after the effective date of the establishment decision or the decision on
approval of establishment.
2. The decision on dissolution of the higher
education institution must specify clear reasons for the dissolution, measures
to be taken to assure lawful rights and interests of lecturers, students and
workers of the higher education institution subject to such dissolution. The
decision on dissolution of the higher education institution must be announced
on the means of mass media.
Article 27. Procedures for and authority over
establishment or grant of approval of establishment, training activities,
suspension of training activities, merger, split-up, split-off, dissolution of
higher education institutions
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2. The Prime Minister shall be accorded authority
to establish parent universities27, public universities; issue the
decision on approval of establishment of private universities and
foreign-invested higher education institutions28.
3. Persons having authority to issue establishment
decisions or decisions on approval of establishment of higher education
institutions shall be accorded authority to issue decisions on merger,
split-up, split-off and dissolution of higher education institutions.
4. The Minister of Education and Training shall be
accorded authority to issue decisions on approval of training activities,
suspension of training activities with respect to29 universities30
31 and foreign-invested higher education institutions.
Chapter III
DUTIES AND ENTITLEMENTS OF HIGHER EDUCATION
INSTITUTIONS
Article 28. Duties and entitlements of32
universities33
1. Design strategies and planning schemes for
development of higher education institutions.
2. Provide academic programs, perform scientific,
technological, international cooperation and higher education quality assurance
activities.
3. Develop academic programs according to specified
objectives; ensure academic transfer between academic programs and levels.
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5. Manage students; assure legitimate rights and
interests of lecturers, staff members, administrators and students; retain
funds for offering social policies to beneficiaries eligible for social
policies, beneficiaries living in ethnic minority areas, beneficiaries residing
in extremely socio-economic disadvantaged areas; ensure that pedagogical
environment is favorable for educational activities.
6. Conduct the self-assessment of educational
quality and go through education quality accreditation process.
7. Receive land or other premises assigned or
leased by the state; have access to tax exemption or reduction under law.
8. Mobilize, take control and make best use of
resources; build and increase physical facilities and investment in equipment.
9. Cooperate with domestic and overseas economic
entities; educational establishments; cultural, sport, physical activity
centers; health organizations; scientific research institutes.
10. Comply with information and reporting rules and
regulations; undergo the inspection and supervision process conducted by the
Ministry of Education and Training, other relevant ministries, central
authorities and People’s Committees of the provinces where higher education
institutions have their offices or provide academic programs as per
regulations.
11. Implement other duties and rights as stipulated
by law.
Article 29. Duties and rights of parent
universities
1. Duties and rights of parent universities:
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b) Manage, administer and organize academic
activities of parent universities;
c) Mobilize, manage and use resources; share
resources and physical infrastructure for common use at parent universities;
d) Comply with information and reporting rules and
regulations; undergo the inspection and supervision process conducted by the
Ministry of Education and Training, other relevant ministries, central
authorities and People’s Committees of the provinces where parent universities
operate their offices as per regulations;
dd) Gain the high level of autonomy over training,
scientific research, technological, financial, international relation
activities and their operational machinery;
e) Implement other duties and rights as stipulated
by law.
2. The Prime Minister shall seek to adopt the
Regulations on organization and operation of national universities and their
members while the Minister of Education and Training shall seek to adopt the
Regulations on organization and operation of regional universities and their
members.
Article 30. Duties and rights of academies and
academic institutions34 obtaining approval for provision of doctoral degree
programs
1. Carry out duties and rights in accordance with
regulations on provision of doctoral degree programs in force.
2. They must have specialized subordinates such as
faculties, departments or divisions in charge of doctoral degree programs.
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1. Design and actualize the objectives, programs,
teaching curricula and conduct researches; build lecturers, physical
facilities, equipment, teaching materials or syllabi; perform quality assurance
and educational quality accreditation tasks; organize academic activities,
confer degrees, diplomas and other qualification certificates as per law.
2. Align their operation and organization with
decisions on approval for establishment or training activities.
3. Make academic quality commitments and
information about financial and other resources known to the public.
4. Put their educational activities under the
delegated authority of the Ministry of Education and Training. Submit periodic
reports on their performance and interpretation thereof at the request of the
Ministry of Education and Training, other ministries, central authorities,
competent authorities and People’s Committees of the provinces where
foreign-invested higher education institutions have their offices and operate.
5. Protect legitimate rights and benefits of
students, lecturers and other staff members, even in case of contract
termination or early contract termination against their will.
6. Respect Vietnamese law and traditional value.
7. Enjoy the state protection of legitimate rights
and benefits under Vietnamese law and international treaties to which the Socialist
Republic of Vietnam is a signatory.
8. Implement other duties and rights as stipulated
by law.
Article 32. Autonomy and accountability of
higher education institutions35
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2. In order to have autonomy, a higher education
institution:
a) has set up a school council; has obtained
certification of quality issued by a lawful training quality assessment
organization;
b) has issued and implemented its rules and
regulations; finance regulations; other internal regulations and procedures;
policies on quality assurance and fulfillment of standards prescribed by the
State;
c) assign autonomy and accountability to specific
units and individuals under the management of the higher education institution;
d) publishes the conditions for quality assurance;
inspection results; ratio of graduated and employed students as prescribed by
law.
3. Academic autonomy and professional autonomy
include promulgating and organizing implementation of quality policies and
standards, offering new programs, enrolment, training, scientific activities,
domestic and international cooperation in accordance with law.
4. Autonomy over organization and personnel
includes the promulgation and organization of implementation of internal rules
and regulations on organizational structure, personnel, list, standards and
benefits of each position; employing and dismissing lecturers and other
employees, deciding executive and managerial personnel in the higher education
institution in accordance with law.
5. Financial autonomy includes the promulgation and
organization of the implementation of internal rules and regulations on sources
of income, management and use of assets and sources of income; attraction of
investment; tuition fees and scholarships, and other policies in accordance
with law.
6. Accountability of a higher education institution
to its owner, students, the public, competent authorities and relevant parties
include:
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b) Publishing of annual reports on performance
indicators on its website; submit periodic and irregular reports to the owners
and competent authorities;
c) Providing explanation for salaries, bonuses and
other benefits of managers of the higher education institution for the general
assembly of employees; have annual financial statements, investment and
purchases audited, provide explanation for operation of the higher education
institution for its owner and competent authorities;
d) Publishing of annual financial statements and
other contents on its website in accordance with regulations of the Ministry of
Education and Training;
dd) Other contents prescribed by law
7. The Government shall elaborate regulations on
autonomy and accountability of higher education institutions.
Chapter IV
ACADEMIC ACTIVITIES
Article 33. Offering new programs36
1. Conditions for offering a new undergraduate,
master’s or doctoral program:
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b) The full-time lecturers and academic personnel
are capable in terms of quantity, quality, qualifications and ratio;
c) The institution’s facilities, library and
textbook are suitable for the teaching and learning of the new academic
discipline;
d) There is a training program conformable with
Article 36 of this Law.
2. The Minister of Education and Training shall
elaborate conditions and procedures for offering new programs, suspension of
existing programs; decide to grant permission to unqualified higher education
institutions to offer new programs relevant to health, teacher training,
national defense and security in accordance with Clause 3 of this Article.
3. A higher education institution that satisfies
all of the conditions specified in Clause 1 and Clause 2 of this Article and
Clause 2 Article 32 of this document may offer a new undergraduate program in a
specific academic discipline; when the undergraduate program passes the quality
assessment, it may offer a master’s program in the same academic discipline;
when the undergraduate program and master’s program pass the quality
assessment, it may offer a doctoral program in the same academic discipline,
except for disciplines in the fields of health, teacher training, national
defense and security; when opening a new academic discipline at master’s or
doctoral level, the higher education institution shall comply with Clause 5 of
this Article and regulations on quality assessment of this Law.
4. A higher education institution that offers a new
program without satisfy every condition shall have such program suspended and
be suspended from opening new disciplines for 05 years from the day on which a
conclusion is issued by a competent authority.
5. Before the completion of the first course, the
program shall undergo quality assessment; right after the completion of the
first course, the training program shall undergo further assessment in
accordance with this Law. In the cases where the assessment or appraisal result
is not satisfactory, the higher education institution has the responsibility to
improve the training quality and program quality, protect learners’ interests,
and shall not enroll students in such discipline until the quality assessment
is passed.
Article 34. Target enrolment and organization of
enrolment
1.37 Target enrolment shall be subject to
the following regulations:
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b) Each higher education institution shall
determine its own target enrolment; publish its target enrolment, training
quality and quality assurance conditions, ratio of students employed after
graduation; assurance of graduates’ quality as declared;
c) A higher education institution that violates any
of the regulations on enrolment targets and conditions shall face penalties and
be suspended from determining their own enrolments targets for 05 years from
the day on which a conclusion is issued by a competent authority.
2. Organization of enrolment:
a) Enrolment methods, including testing or
examination, admission consideration or combined method;
b) Higher education institutions can have autonomy
in deciding the enrolment method and bear responsibilities for their enrolment.
3.38 The Minister of Education and Training
shall promulgate enrolment regulations and sources of enrolment at
undergraduate level from high school, college and associate college graduates;
rules and procedures for determination of target enrolment; target enrolment of
teacher training-related disciplines and target enrolment of the higher
education institutions mentioned in Point c Clause 1 of this Article; input
quality thresholds of teacher training-related and health-related disciplines
in which graduates are granted practicing certificates.
Article 35. Duration of training39
1. The training duration varies between the
programs and levels and depends on the quantity of credits that a student has
to obtain. The mandatory quantity of credits of each level is specified in the
national training level framework. The principal of each higher education
institution shall decide the mandatory quantity of credits of each program and
level in accordance with law.
2. The Prime Minister shall consider approving the
national education system framework and national training level framework;
training duration of various higher education levels in the national education
system framework.
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1. National target program…
a)40 A training program includes the
targets, knowledge, structure, contents and assessment methods for each
subject, academic discipline, training level and output standards according to
the National Qualifications Reference Framework;
b)41 Training programs shall be
credit-based, include research-oriented programs, application-oriented program
and profession-oriented programs; ensure connection between the training levels
and disciplines; satisfy training program standards;
c) 42 A foreign training program may be run
if it is permitted by a the competent authority of the host country and it has
an unexpired license or educational quality certification issued by a lawful
training quality assessment organization and complies with intellectual
property laws;
d) Higher education institutions are autonomous and
accountable43 for the development, appraisal and introduction of the
training programs at postsecondary, undergraduate, master’s and doctoral levels;
dd) Foreign-invested higher education institutions
are autonomous and accountable44 for the development and implementation
of the training programs accredited by a Vietnam’s education quality
accreditation organization, ensuring no harm to the National defense and
security, social interests; not distorting history or leading to adverse
impacts on the culture, ethics, traditional custom or value, solidarity amongst
Vietnamese people of different races, global peace and security; and contain no
religious propagation;
e) Training programs provided in the form of
continuing education are similar to those in the form of formal education.
2. Higher education textbooks:
a) Higher education textbooks must specify
knowledge and skill requirements of each subject and major to achieve the
academic qualification targets;
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c) Principals of higher education institutions
shall organize the compilation or select and approve the higher education
textbooks in accordance with the appraisal results obtained from the textbook
appraisal council established by the principal;
d) Higher education institutions must comply with
intellectual property and copyright regulations when using textbooks and
announcing researches\.
3. The Minister of Education and Training shall
promulgate regulations on the expected minimum knowledge and skill of students
after graduation at specific levels of higher education; procedures for design,
accreditation and introduction of training programs45 at the
undergraduate, master’s and doctoral level; regulations on compulsory subjects
within the training program framework with respect to training programs at
different qualification levels provided by foreign-invested higher education
institutions; regulations on compilation, selection, appraisal, approval and
use of textbooks and study materials.
Article 37. Training organization and management46
1. Higher education institutions may offer
credit-based or year-based or combined courses.
2. A higher education institution may only
cooperate in offering in-serving courses with other higher education
institutions, colleges, associate colleges, provincial continuing education
centers; training institutions of state agencies, political organizations,
socio-political organizations and the people’s armed forces, provided the
cooperating institutions satisfy requirements of the course in terms of
teaching environment, facilities and equipment, library and managers. Such
cooperation is not permitted in health-related disciplines in which graduates
are granted practicing certificates.
3. Higher education institutions shall cooperate
with enterprises and employers in employing their experts, facilities and
equipment for practical training and internship in order to improve students’
practical skills and their chance of being employed.
4. On the basis of local demand and recommendations
of the People’s Committee of the province, higher education institutions in the
province shall offer continuing education, vocational training and higher
education courses; offer bridge programs between associate, college and
university level; receive students transferred from other universities.
5. The Minister of Education and Training shall
elaborate regulations on levels of higher education qualification.
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1. Academic degrees in the national education
system include bachelor’s degrees, master’s degree, doctoral degrees and
equivalent degrees.
2. A person who completes a training program,
qualifies its output standards and fulfills the student’s obligations shall be
awarded a corresponding degree by the principal of the higher education
institution.
3. The higher education institution shall design,
print and give degrees to its students; manage the degrees and qualifications
in accordance with law; publish the specimens of its degrees and information
about award of its degrees on its website.
4. The Minister of Education and Training may
propose or on his/her own initiative negotiate and sign international treaties
in degree recognition with other nations, international organizations and
entities within his/her scope of competence.
5. The Minister of Education and Training shall
specify the primary contents on the degrees and appendices thereof; rules for
printing blank degrees; management, issuance, withdrawal and destruction of
degrees; responsibility and authority of Vietnamese higher education
institutions to issue academic degrees during educational cooperation with
foreign higher education institutions; responsibility of foreign-invested
higher education institutions for issuance of academic degrees in Vietnam;
conditions and procedures for recognition of academic degrees issued by foreign
higher education institutions.
6. The Government shall promulgate regulations on
the system of academic degrees and degrees in particular specializations.
Chapter V
SCIENCE AND TECHNOLOGY ACTIVITIES
Article 39. Objectives
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2. Build and develop students’ research capacity;
discover and nurture students, meeting high-quality personnel training
requirements.
3. Create new solution, knowledge and technology
for scientific and educational development, contributing to socio-economic
development and protecting the national defense and security.
Article 40. Specific activities
1. Conduct researches in the basic, social -
humanitarian, educational and technological science fields in order to create
new knowledge and products.
2. Use research findings and transferred
technologies in the real contexts of production and real life.
3. Build laboratories and research facilities
designed for academic and research activities, technology incubation centers,
associating technology development with creation of new products.
4. Take part in the process of recruitment,
counseling, defence and execution of science and technology missions, contracts
and orders.
Article 41. Duties and rights of higher
education institutions with respect to science and technology activities
1. Design and implement strategies and planning
schemes for science and technology development.
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3. Conduct scientific researches and technology transfers
in order to create new knowledge, technologies and solutions, contributing to
the socio-economic development according to the science and technology capacity
requirements of the school.
4. Have autonomy and accountability48 for
the science and technology contract conclusion; perform the science and
technology duties; apply for permission to participate in the selection and
performance of science and technology duties.
5. Use money, property, intellectual property and
other lawful revenues to perform the science and technology, production and
business duties.
6. Establish research and development, science and
technology service entities, science and technology businesses.
7. Have the intellectual property rights protected;
transfer and assign scientific and technological products; announce scientific
and technological products.
8. Protect interests of the State and society;
rights and benefits of entities and persons involved in science and technology
activities; ensure confidentiality according to law.
9. Implement other duties and rights as stipulated
by law.
Article 42. Responsibilities of the State for
scientific and technological development49
1. The State shall focus on and encourage
investment in development of scientific and technological potentials,
development of start-up ecology in higher education institutions; priority will
be given to development of some fields and disciplines to reach t regional and
international level.
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Chapter VI
INTERNATIONAL COOPERATION
Article 43: Objectives
1. Improve academic quality to ensure modernity and
access to advanced higher education systems in the region and the world.
2. Enable higher education institutions to develop
stably, provide qualified and skilled human resources to serve the
industrialization and modernization demands of the country.
Article 44: Types of international cooperation
1. Educational association.
2. Establishment of representative offices of the
foreign vocational education institutions in Vietnam.
3. Cooperation in scientific research, technology
transfers and organization of scientific meetings or seminars.
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5. Nurture and exchange of lecturers, researchers,
administrators and students.
6. Library affiliation, exchange of information
about academic, scientific and technological activities; provision of training
programs; exchange of publications, materials, training results, scientific and
technological products.
7. Participation in regional and international
education, science organizations or trade associations.
8. Establishment of overseas representative offices
of Vietnamese higher education institutions.
9. Other types of cooperation as prescribed in
regulations of law.
Article 45. Training association with foreign
partners50
1. International cooperation in education means
cooperation between a higher education institution established in Vietnam and a
foreign higher education institution in order to run courses and issue degrees
or diplomas without establishing a new legal entity. International cooperation
in education shall comply with the Law on Education and relevant laws.
2. Cooperative program means a foreign program or a
program developed by both parties. Such a program may be run entirely in
Vietnam or partly in Vietnam and partly overseas.
3. The foreign higher education institution shall
have good reputation and quality, is permitted in writing by a competent
authority of its home country to provide training and issue degrees in relevant
fields, or have an unexpired educational quality certification issued by a
lawful training quality assessment organization. The parties shall ensure
fulfillment of requirements of the program in terms of facilities and equipment
and lecturers, and take responsibility for the quality of the program.
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5. A higher education institution that satisfies
all of the conditions specified this Article and Clause 2 Article 32 of this
Law is entitled to participate in cooperation in provision of undergraduate
training; when the undergraduate program of such an institution passes the
quality assessment, it may participate in cooperation in provision of master’s
training; when the undergraduate program and master’s program of such an
institution passes the quality assessment, it may participate in cooperation in
provision of doctoral training.
6. In case a cooperative program that is suspended
from enrolment or terminated as prescribed in Clause 3 of this Article, the
higher education institution shall protect legal interests of its lecturers,
employers and students; refund tuition fees to students; pay salaries and other
benefits to the lecturers and other employees under employment contracts or the
collective bargaining agreement; pay tax debts and other debts (if any).
7. A higher education institution shall publish on
its website and mass media information about its cooperative programs, legality
of the foreign degrees in the issuing country and in Vietnam; assist students
in recognition of degrees; carry out assessment of the cooperative programs
offered n Vietnam after the student graduate and periodically.
8. A higher education institution that offers a
cooperative program without satisfying all conditions or ensure training
quality as specified in the cooperation scheme shall be suspended from
international cooperation in education for 5 years from the day on which a
conclusion is issued by a competent authority.
Article 46. Representative offices
1. The representative office of a foreign higher
education institution shall represent that institution.
2. The representative office has following tasks
and entitlements:
a) Enhance the corporation with Vietnamese higher
education institutions by promoting higher education cooperation programs and
projects;
b) Organize dialogue, consultancy, information
exchange sessions, seminars or exhibitions in the higher education sector in
order to introduce foreign higher education institutions;
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d) Prohibit academic activities which directly
generate profit in Vietnam and prohibit establishment of any branch which is
subordinate to the representative office of a foreign higher education
institution in Vietnam.
3. A foreign higher education institution shall be
granted license for establishment of a representative office in Vietnam if it:
a) Has legal status;
b) Has operated in the higher education field for
at least 05 years in its home country;
c) Has explicit charter, guidelines and purposes,
according to which it operates;
d) Has Regulation on the organization and operation
of the prospective representative office in Vietnam in accordance with
regulations of Vietnamese law.
4. The Minister of Education and Training shall
grant the license for establishment of a representative office of a foreign
education institution operating in the higher education field.
5. A representative office of a foreign higher
education institution shall be closed in the following cases:
a) The operation deadline stated in the license
expires;
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c) The license is revoked because it has not
operated within a period of 06 months after the date on which the license is
granted for the first time, or 03 months after the date on which the extension
of the licence is granted;
d) Any fraud of the application for representative
office establishment license is detected;
dd) Activities conflicting with those permitted in
the license are performed;
c) Violations against other regulations of
Vietnamese law are committed.
Article 47. Duties and rights of higher
education institutions towards international cooperation
1. Carry out international cooperation activities
prescribed in Article 44 of this Law.
2. Abide by the Constitution and laws of Vietnam
and treaties to which the Socialist Republic of Vietnam is a contracting party.
3. Qualify for protection of lawful rights and
interests as prescribed in Vietnamese law and the international treaties to
which the Socialist Republic of Vietnam is a signatory.
Article 48. Responsibilities of state regulatory
authorities regarding international cooperation
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2. 52 The Government 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 Article 44, 45, and 46 of
this Law.
3. The Minister of Education and Training shall set
out regulations on the encouragement to higher education institutions to invest
in and expand the international cooperation in teaching, training, scientific
research, technology transfers with foreign parties; regulations on the
management of foreign higher education institutions in Vietnam, the association
between Vietnamese higher education institutions and foreign higher education
institutions.
Chapter VII
QUALITY ASSURANCE AND ACCREDITATION
Article 49. Higher education quality assurance;
objectives, rules and subjects of higher education quality accreditation53
1. Higher education quality assurance is a
continuous and systematic process, including policies, mechanisms, standards,
procedures and measures for maintaining and improving higher education quality.
2. The higher education quality assurance system
includes an internal quality assurance system and external quality assurance
system through higher education quality accreditation.
3. The Minister of Education and Training shall
promulgate standards for training programs at various levels of higher
education and minimum requirements for running such programs; quality
assessment standards, procedures and cycle of higher education quality accreditation.
4. Higher education quality assessment is meant to:
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b) determine the degree of accomplishment of
specific higher education institutions or training programs over a specific
period of time;
c) be a basis for higher education institutions to
report to their owners, competent authorities, relevant parties and the public
about their training quality;
d) be a basis for students to select a suitable
higher education institution and training program; for employers to recruit
workers.
5. Rules for higher education quality assessment:
a) Independent, objective and lawful;
b) Honest, public and transparent;
e) Equal, mandatory, periodic.
6. Subjects of higher education quality assessment:
a) Higher education institutions;
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Article 50. Responsibilities of higher education
institutions for quality assurance54
1. Develop the training quality assurance system
within the institution in a manner that is suitable for its objectives and
capacity.
2. Develop policies and plans for higher education
quality assurance.
3. Assess and improve training quality on its own
initiatives; have the institution and its training programs undergo periodic
assessments.
In case a higher education institution fails to
assess its training programs periodically or the assessment result is not
satisfactory, it shall improve the training quality in order to ensure that its
students meet graduation standards of the program. In the case it has been over
02 years from the expiration of the training quality certification or the
issuance date of the unsatisfactory assessment result and the training program
is not reassessed or the assessment result is still unsatisfactory, the
institution shall be suspended from admitting students to such program and
shall implement measures to protect students’ interests.
4. Maintain and improve training quality assurance
conditions, including the lecturers, managers and other employees, the training
programs, textbooks, teaching and learning materials, classrooms, offices,
laboratories, libraries, IT system, practical training facilities; financial
resources, dormitories and other service facilities.
5. Submit annual reports on higher education
quality under the higher education quality assurance plan; publish the training
quality status, training results, research outcomes, quality assessment results
on the website of the Board of Directors, the website of the higher education
institution and mass media.
Article 51. Responsibilities of higher education
institutions for academic quality accreditation
1. Undergo the quality accreditation process at the
request of competent regulatory agencies.
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3. Have the right to choose an education quality
assessment organization among the education quality accreditation organizations
accredited by the Ministry of Education and Training to carry out the academic
and academic program quality accreditation.
4. File complaints or appeals against decisions,
conclusions, acts of violation of organizations and individuals conducting
higher education quality accreditation against law to the competent regulatory
agencies.
Article 52. Education quality accreditation
organizations55
1. Education quality accreditation organizations
have the responsibility to assess and recognize higher education institutions
and their training programs regarding fulfillment of higher education quality
standards.
Education quality accreditation organizations have
legal entity status, are independent from regulatory authorities and higher
education institutions, have accountability and responsibility before the law
for their performance and higher education quality accreditation results.
2. An education quality accreditation organization
shall be established when it satisfies all requirements and has an
establishment scheme as prescribed by law; may carry out education quality
assessment when satisfies requirements in terms of facilities, equipment,
financial capacity and full-time assessors.
3. The Government shall specify conditions and
procedures for permission, establishment and dissolution of education quality
assessment organizations; their responsibilities and entitlements, conditions
and procedures for recognition of foreign education quality accreditation
organizations operating in Vietnam.
4. The Minister of Education and Training shall
issue decisions on establishment or permission for establishment of education
quality assessment organizations; decisions on permission, suspension and
dissolution of education quality assessment organizations; revocation of
recognition of foreign education quality assessment organizations operating in
Vietnam; promulgate regulations on supervision and assessment of education
quality accreditation organizations.
Article 53. Use of results of vocational
education quality accreditation
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Chapter VIII
LECTURERS
Article 54. Lecturers57
1. Lecturers of higher education institutions shall
have clear backgrounds; good qualities and professional ethics; be physically
capable of performance of their duties; have qualifications conformable with
this Law and the higher education institution’s rules and regulations.
2. Lecturers include assistant lecturers,
lecturers, principal lecturers, associate professors and professors. Higher
education institutions shall award lecturer titles in accordance with law, its
rules and regulations; provide description of their positions and demand of the
situation.
3. Lecturers of undergraduate programs shall have
at least a master’s degree (except assistant lecturers); Lecturers of master’s
programs and doctoral program shall have at least a doctoral degree. Holders of
doctoral degrees shall be preferred when a higher education institution
recruits lecturer; incentives shall be provided for leading professors.
4. The Minister of Education and Training shall
specify standards and designation of lecturers within the scope of his/her
competence; the minimum ratio of full-time lecturers of a higher education
institution; standards of practice lecturers and lecturers of some special
disciplines.
Article 55. Duties and rights of learners
1.58 Teach, develop the training program,
complete the training program and ensure the quality thereof.
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3.59 Improve political reasoning skills,
professional knowledge, professional skills and teaching methods; participate
in practical activities to improve training quality and participate in
scientific researches.
4. Preserve moral value, prestige and honor of lecturers.
5. Respect personality of students, equally treat
students, protect legitimate rights and benefits of students.
6. Participate in management and supervision of
higher education institutions, assignments of the Party, associations and other
tasks.
7.60 Remain independent in teaching and
scientific research in harmony with interests of the State and society; has the
right to sign visiting lecturer contracts and scientific research contracts
with higher education institutions, research institutions and other
organizations in accordance with regulations of the higher education
institution he/she is working for.
8. Have access to appointments to the lecturer
position; receive the honorary titles of People's teachers, Excellent Teachers
and other rewards under law.
9.61 Other responsibilities and entitlements
specified in the higher education institution’s rules and regulations and
relevant law.
Article 56. Policies of lecturers
1. Lecturers of higher education institutions are
sent to professional training, coaching courses; are paid salaries, wages,
allowances specific to their profession, seniority-based allowances and other
payments under the Government's regulations.
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3. The State shall adopt secondment or dispatch
policies granted to lecturers working at higher education institutions located
in severely disadvantaged areas; apply incentives to enable lecturers teaching
in the vocational education institutions in advantaged areas to serve in
extremely disadvantaged areas; enable lecturers working in these areas to feel
secure while on duty.
4. Lecturers holding doctoral qualifications,
professor or associate professor titles who work for higher education
institutions can extend their service period when reaching the retirement age
in order for them to continue their teaching, scientific research work if it is
proved that they have good health, voluntarily apply for such extension, and
higher education institutions request their continuation.
5. The Prime Minister shall impose detailed
regulations on policies granted to lecturers working at higher education
institutions.
Article 57. Visiting lecturers and presenters
1. Visiting lecturers of higher education
institutions shall be subject to the regulations62 of the Law on
Education.
Visiting lecturers shall perform tasks and enjoy
rights specified in the relevant contracts between higher education
institutions and visiting lecturers.
2. Higher education institutions may invite
lecturers or presenters who are domestic and foreign professionals, scientists,
businessmen and artisans.
3. The Minister of Education and Training shall
adopt detailed regulations on visiting lecturers and presenters.
Article 58. Lecturer’s prohibited acts
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2. Commit any fraudulent act when participating in
academic and research activities.
3. Misuse the title of lecturer and physical
activities to perform acts of violation.
Chapter XI
STUDENTS
Article 59. Students
Students are those who are studying vocational
education programs in higher education institutions, including students of63
undergraduate education programs; students of master’s degree programs;
academics of doctorate programs.
Article 60. Rights and obligations of students
1. Study, research and train in accordance with
regulations.
2. Respect lecturers, administrators and staff
members of higher education institutions; demonstrate their unity and mutual
support during the study and training process.
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4.64 Receive respect and equal treatment
without discrimination in terms of gender, ethnicity, religion and family
background; have access to career counseling and full information about the
study and training process.
5.65 Enjoy favorable conditions for learning
and participating in science and technology activities, entrepreneurship, skill
development, collective activities, social responsibility activities, sports
and artistic activities.
6. Contribute opinions, participate in the process
of management and supervision of educational activities and give comments on
educational quality accreditation conditions.
7. Enjoy benefits intended for eligible students
and social welfare.
8.66 Other responsibilities and entitlements
specified in the higher education institution’s rules and regulations and
relevant law.
Article 61. Student’s prohibited acts
1. Defame the dignity and reputation of and inflict
physical abuse on lecturers, administrators, staff members, employees and
students of higher education institutions and other persons.
2. Perform fraudulent acts during the learning,
testing, examination and enrolment process.
3. Participate in social evils, endanger school or
public disorder and commit other illegal acts.
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Article 62. Policies applied to students
1. Students shall benefit from scholarship, social
welfare policies; state-commissioned admission regulations; educational credit;
exemption or reduction in public service charges as per regulations67 of
the Law on Education.
2. Students studying special majors to meet
socio-economic development, national defence and security demands must pay
school fees; may be entitled to preferential treatment in the process of
consideration of grant of scholarship and social benefits.
3. The Government shall provide specific regulations
on incentive policies for students who are eligible for preferential treatment
and social incentive policies.
Article 63. Obligations to work within a
definite period under the state command
1. If higher education program students receive
scholarship and training costs covered by the State or financed by foreign
donors under the international treaties to which the Socialist Republic of
Vietnam is a signatory68, after graduation, they must comply with the
command of the state during the period which is at least twice times more than
the period of entitlement to the scholarship and financial support for training
costs. If not, they must pay back amounts paid for scholarship and training
costs.
2. Within 12-month period after students are recognized
as graduates, competent regulatory authorities shall be responsible for
assigning duties to students obtaining graduation recognition. Upon expiry of
the aforesaid period, if students are not assigned any duty, they shall not be
required to refund scholarship or payments of training costs that they have
received.
3. The Government shall provide specific
regulations on refund of scholarship and training funds.
Chapter X
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Article 64. Sources of income of higher
education institutions69
1. Revenues of a higher education institution
include:
a) Tuition fees and revenues from training, science
and technology activities and other ancillary training services;
b) Payment from the State, other organizations and
individuals for performance of training and research contracts; completion of
tasks given by the State;
c) Revenues from investment of domestic and foreign
entities; annual additional revenue from operation of the institution;
d) Revenue from business operation, social
activities, financial investment (if any) and other lawful sources of income;
dd) Loans.
2. Sponsorships, donations, gifts from former
students, domestic and foreign entities.
3. State budget funding (if any).
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1. Tuition fee means the amount payable by the
student to the higher education institution in order to fully or partly cover
the cost of training.
2. Imposition of tuition fees by public higher
education institutions:
a) A higher education institution that is
financially autonomous and fully satisfies the conditions specified in Clause 2
Article 32 of this Law and may impose its own tuition fees;
b) Higher education institutions other than those
mentioned in Point a of this Clause shall impose their tuition fees in
accordance with regulations of the Government;
c) Imposition of tuition fees shall comply with
economic – technical norms and be able to correctly and fully cover the cost of
training.
3. Private higher education institutions may impose
their own tuition fees.
4. Enrolment service charges and other service
charges shall be imposed to correctly and fully cover the cost incurred in
reality.
5. Higher education institutions shall publish on
their websites the cost of training, tuition fees, enrolment service charges
and other services charges for the entire course and each academic year
together with the enrolment notice; use part of the revenue from tuition fees
to provide assistance for disadvantaged students.
Article 66. Financial management by higher
education institutions71
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2. The school council of a financially autonomous
public higher education institution shall decide the use of its sources of
income as follows:
a) Use lawful incomes other than state funding to
invest in training, scientific research and technology transfers projects;
b) Decide the spending of revenues from tuition
fees, service charges, contract performance, payment by the State, including
payment of salaries, expenditure on academic activities and administration in
accordance with internal spending regulations of the institution.
3. Higher education institutions that receive state
funding to perform certain tasks given by the State have the responsibility to
manage and use the state funding in accordance with regulations of law on
public property and public financial management.
4. At least 25% of the difference between revenue
and expense shall be used to reinvest in the higher education institution,
educational activities, building facilities, purchasing equipment, training
lecturers, education managers and employees, providing assistance for students
and fulfilling social responsibility. For non-profit higher education
institutions, the difference between revenue and shall be considered
undistributable property and will be used for reinvestment in such institution.
5. Higher education institutions shall audit and
publish their financial status and use of their sources of income as prescribed
by law.
6. The Government shall elaborate Clause 2 of this
Article, the degree of financial autonomy of public higher education
institutions other than those mentioned in Clause 2 of this Article; mechanism
for giving tasks, placing orders or inviting bids for provision of public
services covered by state budget; regulations on foreign cooperation and
investment in higher education; withdrawal and transfer of stakes in higher
education institutions; assurance of stability and development of higher
education institutions.
7. The Ministry of Education and Training and
competent authorities shall inspect the management and use of sources of income
by higher education institutions.
Article 67. Management and use of assets of
higher education institutions72
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2. Management and use of assets of for-profit and
non-profit private higher education institutions:
a) State-owned property and land use right (LUR)
given by the State to a higher education institution shall be managed and used
in accordance with regulations of law on management and use of public property
and land, and must not be put under private ownership in any shape or form. The
repurposing of other state-owned property shall be done in a manner that maintains
and develop the property; land repurposing shall comply with land laws;
b) Undistributable property includes property that
is donated or given as aid, and other property defined by law as
undistributable property, owned by the institution as a whole, managed and used
by the school council as prescribed by law or at the request of the transferor
(if any) to serve the institution and collective benefits, ensure maintenance
and development of the property; such a property must not be put under private
ownership in any shape or form.
In case of transfer of stakes in a higher education
institution, the undistributable property shall not be included in the valuated
assets of the institution.
In case of dissolution of a higher education
institution, the undistributable property shall be put under public ownership,
management and used by competent authorities to serve higher education;
c) Higher education institutions are entitled to
use and dispose of the assets other than those mentioned in Point a and Point b
of this Clause and take responsibility for such actions in accordance with the
Law on Enterprises and relevant laws.
3. Assets of foreign-invested higher education
institutions shall be protected by the State in accordance with Vietnam’s law
and international treaties to which Vietnam is a signatory.
4. The Ministry of Education and Training and
competent authorities shall inspect the management and use of assets of higher
education institutions in accordance with law.
Chapter XI
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Article 68. Responsibilities for state
management of higher education by the Government, ministries and ministerial
agencies73
1. The Government shall have the uniform state
management of higher education activities.
2. The Ministry of Education and Training has the
prime responsibility to assist the Government in state management of higher
education and has the following responsibilities:
a) Promulgate, or propose promulgation of, and
organize implementation of legislative documents on higher education;
strategies, master plans and policies on higher education development serving
socio-economic development, national defense and security ; recognition,
establishment and permission for establishment, dissolution and permission for
dissolution of higher education institutions within its scope of competence;
b) Establish higher education standards, including
standards for higher education institutions, training programs, lecturers,
managers and other standards; promulgate regulations on development, appraisal
and introduction of higher education programs; promulgate the list of academic
disciplines, regulations on enrolment and training, assessment and issuance of
degrees and diplomas in the national education system; management of higher
education quality assessment and assurance;
c) Develop a national higher education database;
assess, manage and supervise the database to ensure availability of information
to relevant entities;
d) Cooperate with relevant authorities,
socio-professional organizations relevant to higher education in disseminating
and educating higher education law;
dd) Organize the higher education management
apparatus;
e) Establish mechanisms and promulgate regulations
on mobilizing, managing and use of resources serving higher education development;
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h) Mange international cooperation in higher
education;
i) Carry out inspection; settle disputes and
complaints; take actions against violations against regulations of law on
higher education.
3. Ministries and ministerial agencies shall study
and forecast the demand for human resources of their fields in order to provide
assistance in developing training plans; cooperate with the Ministry of
Education and Training in state management of higher education within the scope
of their responsibility and authority.
Article 69. Responsibilities for state
management of higher education by the People’s Committees of provinces74
The People’s Committees of provinces shall carry
out state management of higher education as assigned by the Government; provide
assistance in development of higher education institutions in their provinces;
inspect adherence to education laws by local higher education institutions;
encourage private investment in higher education; ensure improvement of higher
education quality and effectiveness in their provinces.
Article 70. Inspection and audit
1. Inspection of higher education activities,
including:
a) Inspect the implementation of law and policies
on higher education;
b) Detect, prevent and handle, within their
competence, or request competent agencies to take actions against violations of
law on higher education;
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2. Inspectorate of the Ministry of Education and
Training shall perform the rights and duties to conduct administrative and
specialized inspection of higher education activities.
3. The Minister of Education and Training shall
direct and organize the inspection and examination of higher education
activities. Ministries, ministerial agencies and People’s Committees of
provinces in collaboration with the Ministry of Education and Training shall
carry out the inspection and examination of higher education activities under
the assignment and mandate of the Government.
4. Higher education institutions shall carry out
the self-inspection and self-examination of their operation under law. The principals
of higher education institutions shall bear responsibilities regarding the
inspection and examination occurring within higher education institutions.
Article 71. Actions against violations
Any person or entity committing any of the
following violation(s) below shall be disciplined, face penalties for
administrative violations or criminal prosecution according to the nature and
severity of the violations; if any damage is caused, compensation must be paid
in accordance with law:
1. Establish higher education institutions or
perform their operation in breach of regulations of law;
2. Violate organizational and operational rules and
regulations of higher education institutions;
3. Publish, print, or release materials in breach
of regulations of law;
4. Make fraudulent documents, those in breach of
rules and regulations on enrollment, examination, test and issuance of degrees
and certificates;
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6. Violate regulations on quality assurance and
accreditation;
7. Disturb and harm public security and social
order within higher education institutions;
8. Cause any loss of funds, misuse higher education
operations to collect money in violation of regulations or serve self-seeking
purposes;
9. Cause damage to facilities of higher education
institutions;
10. Commit other violations against law on higher
education.
Chapter XII
IMLEMENTARY PROVISIONS75
Article 72. Effect
This Law shall take effect since January 01, 2013.
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The Government and competent regulatory agencies
shall provide detailed regulations and instructions for implementation of
Articles and clauses set out in the Law.
CERTIFIED AS
THE CONSOLIDATED DOCUMENT BY
CHAIRMAN
Nguyen Hanh Phuc
1 The Law No. 32/2013/QH13, amending and
supplementing several Articles of the Law on the Law on Corporate Income Tax,
has the following legal bases:
“Pursuant to the 1992 Constitution of
Socialist Republic of Vietnam, amended in the Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on
the amendments to the Law on Enterprise income tax No. 14/2008/QH12.”
The Law on Vocational Education No. 74/2014/QH13
has the following legal bases:
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The National Assembly passes the Law on
vocational education.”
The Law on Fees and Charges No. 97/2015/QH13 has
the following legal bases:
“Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly promulgates the Law on
Fees and Charges.”
The Law No. 34/2018/QH14, amending and
supplementing a number of Articles of the Law on Higher Education, has the
following legal bases:
“Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly promulgates the Law on
amendments to the Law on Higher Education No. 08/2012/QH13 , which is amended
by Law No. 32/2013/QH13, Law No. 74/2014/QH13 and Law No. 97/2015/QH13.”
2 This Article is amended and
supplemented according to clause 1 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
3 This Article is amended and
supplemented according to clause 2 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
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5 The regulation shall be annulled
according to clause 3 of Article 77 in the Law on Vocational Education
No.74/2014/QH13, in force as of July 1, 2015.
6 This Article is amended and
supplemented according to clause 3 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
7 This Article is amended and
supplemented according to clause 4 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
8 The word “actively” is replaced by the
word “autonomously” according to clause 1 of Article 2 in the Law No.
34/2018/QH14 on amendments and supplements to several Articles of the Law on
Higher Education, in force as from July 1, 2019.
9 This Article is amended and
supplemented according to clause 5 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
10 This Article is amended and
supplemented according to clause 6 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
11 This Article is amended and
supplemented according to clause 7 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
12 This Article is amended and
supplemented according to clause 8 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
13 This Article is amended and
supplemented according to clause 9 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
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15 This Article is amended and supplemented
according to clause 11 of Article 1 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
16 This Article is amended and
supplemented according to clause 12 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
17 This Article is amended and
supplemented according to clause 13 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
18 This Article is amended and
supplemented according to clause 11 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
19 This Article is amended and
supplemented according to clause 11 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
20 This Article is amended and
supplemented according to clause 14 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
21 This Article is amended and
supplemented according to clause 15 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
22 The phrase “socio-economic development
planning and” is annulled according to clause 2 of Article 2 in the Law No.
34/2018/QH14 on amendments and supplements to several Articles of the Law on
Higher Education, in force as from July 1, 2019.
23 This regulation is amended and
supplemented according to clause 16 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
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25 The section “, institutes” is removed
according to clause 2 of Article 2 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
26 The segment “Minister of Education and
Training shall set out detailed regulations on conditions and procedures for
establishment or grant of approval of establishment, approval of training
activities, suspension of training activities, merger, split-up, split-off and
dissolution of colleges.” is annulled according to clause 3 of Article
77 in the Law on Vocational Education No.74/2014/QH13, in force as of July 1,
2015.
27 The section “, institutes” is removed
according to clause 2 of Article 2 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
28 The section “Minister of Education and
Training shall be accorded authority to decide the establishment of public
colleges; decide the establishment of private colleges.” is annulled according
to clause 3 of Article 77 in the Law on Vocational Education No.74/2014/QH13,
in force as of July 1, 2015.
29 The word "college" shall be
removed according to point c of clause 2 of Article 77 of the Law on Vocational
Education No.74/2014/QH13, in force as of July 1, 2015.
30 The section “, institutes” is removed
according to clause 2 of Article 2 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
31 The section “, institutes” is removed
according to clause 2 of Article 2 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
32 The word "college" shall be
removed according to point c of clause 2 of Article 77 of the Law on Vocational
Education No.74/2014/QH13, in force as of July 1, 2015.
33 The section “, institutes” is removed
according to clause 2 of Article 2 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
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35 This Article is amended and
supplemented according to clause 17 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
36 This Article is amended and
supplemented according to clause 18 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
37 This clause is amended and
supplemented according to clause 16 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
38 This clause is amended and
supplemented according to clause 16 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
39 This Article is amended and
supplemented according to clause 20 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
40 This regulation is amended and
supplemented according to clause 21 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
41 This regulation is amended and
supplemented according to clause 21 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
42 This regulation is amended and
supplemented according to clause 21 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
43 The phrase “autonomously responsible”
is replaced by the word “is accountable” according to clause 1 of Article 2 in
the Law No. 34/2018/QH14 on amendments and supplements to several Articles of
the Law on Higher Education, in force as from July 1, 2019.
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45 The section "college," shall
be removed according to point a of clause 2 of Article 77 of the Law on
Vocational Education No.74/2014/QH13, in force as of July 1, 2015.
46 This Article is amended and
supplemented according to clause 22 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
47 This Article is amended and
supplemented according to clause 23 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
48 The phrase “autonomously responsible”
is replaced by the word “is accountable” according to clause 1 of Article 2 in
the Law No. 34/2018/QH14 on amendments and supplements to several Articles of
the Law on Higher Education, in force as from July 1, 2019.
49 This Article is amended and
supplemented according to clause 24 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
50 This Article is amended and
supplemented according to clause 25 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
51 The phrase “and planning” is annulled
according to clause 2 of Article 2 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
52 The word “Prime Minister” is removed
according to clause 2 of Article 2 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
53 This Article is amended and
supplemented according to clause 26 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
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55 This Article is amended and
supplemented according to clause 28 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
56 The phrase “autonomously responsible”
is replaced by the word “is accountable” according to clause 1 of Article 2 in
the Law No. 34/2018/QH14 on amendments and supplements to several Articles of
the Law on Higher Education, in force as from July 1, 2019.
57 This Article is amended and
supplemented according to clause 29 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
58 This clause is amended and
supplemented according to clause 16 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
59 This clause is amended and
supplemented according to point b of clause 30 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
60 This clause is amended and
supplemented according to point e of clause 30 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
61 This clause is amended and
supplemented according to point d of clause 30 of Article 1 in the Law No.
34/2018/QH14 on amendments and supplements to several Articles of the Law on
Higher Education, in force as from July 1, 2019.
62 The phrase “Article 74 of” is removed
according to clause 2 of Article 2 in the Law No. 34/2018/QH14 on amendments
and supplements to several Articles of the Law on Higher Education, in force as
from July 1, 2019.
45 The phrase "collegiate education
programs" shall be removed according to point g of clause 2 of Article 77
of the Law on Vocational Education No.74/2014/QH13, in force as of July 1,
2015.
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65 This clause is amended and
supplemented according to point b of clause 31 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
66 This clause is amended and
supplemented according to point c of clause 31 of Article 1 in the Law No.
34/2018/QH14 on amendments and supplements to several Articles of the Law on
Higher Education, in force as from July 1, 2019.
67 The phrase “in Articles 89, 90, 91 and
92” is removed according to clause 2 of Article 2 in the Law No. 34/2018/QH14
on amendments and supplements to several Articles of the Law on Higher
Education, in force as from July 1, 2019.
68 The phrase “Treaties with the
Vietnam's Government” is replaced by the phrase “international treaties to
which the Socialist Republic of Vietnam is a signatory” according to clause 1
of Article 2 in the Law No. 34/2018/QH14 on amendments and supplements to
several Articles of the Law on Higher Education, in force as from July 1, 2019.
69 This Article is amended and
supplemented according to clause 32 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
70 This Article is amended and
supplemented according to clause 33 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
71 This Article is amended and
supplemented according to clause 34 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
72 This Article is amended and
supplemented according to clause 35 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
73 This Article is amended and
supplemented according to clause 36 of Article 1 in the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019.
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75 Article 2 of the Law No. 32/2013/QH13
on amendments and supplements to several Articles of the Law on Corporate
Income Tax, in force as from January 1, 2014, shall include the following
regulations:
“Article 2
1. This Law takes effect on January 01, 2014,
except from Clause 2 of this Article.
2. The regulations on the application of the
tax rate of 20% to the enterprises of which the total annual revenue does not
reach 20 billion VND in Clause 6 Article 1, and the regulations on the application
of the tax rate of 10% to the incomes of enterprises from the social housing in
Clause 7 Article 1 of this Law takes effect on July 01, 2013.
3. The enterprises having projects of
investment that are still eligible for enterprise income tax incentives after
the end of the tax period 2013 (tax rate, tax exemption or reduction duration)
according to the legislative documents on enterprise income tax before this Law
takes effect are still eligible for such incentives for the remaining time
according to such documents. Where the conditions for tax incentives in this
Law are satisfied, enterprises may choose between the incentives they are
having or the incentives in this Law for the remaining time, applicable to new
investments or extension.
By the end of the tax period 2015,
enterprises having projects of investment that are eligible for the
preferential tax rate of 20% in Clause 3 Article 13 of the Law on Enterprise
income tax No. 14/2008/QH12 amended in Clause 4 Article 1 of this Law are
eligible for the tax rate of 17% for the remaining time from January 01, 2016.
4. The following regulations on enterprise
income tax are annulled:
a) Clause 2 Article 7 of the Law on Deposit
insurance No. 06/2012/QH13;
b) Clause 2 Article 4 of the Law on Health
insurance No. 25/2008/QH12;
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d) Clauses 1, 4, 5, 6, 7, and 8 of Article
44, and Article 45 of the Law on Technology transfers No. 80/2006/QH11;
dd) Clause 1 of Article 53, Clause 5 of
Article 55, and Clause 3 of Article 86 of the Law on Enterprises No. 76/2006/QH11;
e) Clause 1 of Article 68 of the Law on
Vietnamese guest workers No. 72/2006/QH11;
g) Clause 2 Article 6 of the Law on Social
insurance No. 71/2006/QH11;
h) Clause 3 Article 8 of the Law on Legal
Assistance No. 69/2006/QH11;
i) Clause 3 Article 66 of the Law on Higher
Education No. 08/2012/QH13;
k) Article 34 of the Law on Disabled people
No. 25/2008/QH12;
l) Clause 4 Article 33 of the Law on
Investment No. 59/2005/QH11;
m) Clause 2 of Article 58, Clause 2 of
Article 73, Clause 3 of Article 117, and Clause 3 of Article 125 the Law on
Enterprises no, 60/2005/QH11.
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Article 75, 78 and 79 in the Law on Vocational
Education No.74/2014/QH13, in force as of July 1, 2015.
“Article 75. Effect
1. This Law shall take effect as from July 1,
2015.
2. The Law on Vocational Training
No.76/2006/QH11 shall be annulled from the effective date of this Law.
Article 78. Grandfather clause
Vocational education institutions or higher
education institutions enrolling students before the effective date of this Law
may provide training, grant degrees or certificates to students as prescribed
in the Law on Education No.38/2005/QH11 amended and supplemented by the Law
No.44/2009/QH12, the Law on Vocational Training No.76/2006/QH11 and the Law on
Higher Education No.08/2012/QH13 until the end of the courses.
Article 79. Detailed regulations
The Government and competent agencies shall
elaborate on Articles and Clauses in the Law.”
Article 23, 24 and 25 in the Law on Fees and
Charges No. 97/2015/QH13, in force as of January 1, 2017, includes the
following regulations:
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1. This Law shall take effect as from January
1, 2017.
2. Following regulations shall be amended or
annulled:
a) Clause 3, Article 75 of the Law on Inland
Waterway Traffic No. 23/2004/QH11 which was amended and supplemented according
to the Law No. 48/2014/QH13 is hereby annulled;
b) Sub-paragraph a, Paragraph 2, Article 74
of the Law on Railway No. 35/2005/QH11 is annulled;
c) The phrase "Admission fee" in
Articles 101 and 105 of the Law on Education No. 38/2005/QH11 which was amended
and supplemented according to the Law No. 44/2009/QH12, Articles 64, 65 of the
Law on Higher Education No. 08/2012/QH1, Articles 28 and 29 of the Law on
Vocational Education No. 74/2014/QH13 are annulled;
d) Clause 4, Article 18 of the Law on Health
insurance No. 25/2008/QH12 which was amended or supplemented according to the
Law No. 46/2014/QH13 is hereby annulled;
dd) Article 25 and Paragraph 3, Article 15 of
the Law on Independent Audit No. 67/2011/QH12 is annulled.
e) Chapter IV – A on license tax as
prescribed in the Standing committee of the National Assembly’s Resolution No.
200/NQ-TVQH dated January 18, 1966 defining trade and industry tax on
cooperatives, cooperative organizations and individual business households
amended and supplemented according to Ordinance No. 10-LCT/HDNN7 dated February
26, 1983 amending and supplementing a number of articles of trade and industry
tax, Ordinance dated November 17, 1987 amending and supplementing a number of
articles on trade and industry tax and regulations on commodity tax, Ordinance
dated March 03, 1989 amending and supplementing a number of articles of the
Ordinance and Statute on trade and industry tax and commodity tax is hereby
annulled.
3. The Ordinance No. 38/2001/PL-UBTVQH10 on
fees and charges and Ordinance No. 10/2009/PL-UBTVQH12 on legal fees and
charges shall become invalid from the effective date of this Law.
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Fees in the list of fees and charges
accompanied by the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10
transferred into price mechanism defined by the State according to the list in
Appendix 2 enclosed herewith shall be executed according to the Law on Pricing
as from the effective date of this Law.
The Government shall promulgate the
regulations on agencies having competence in valuation and valuation
approaches.
Article 25. Detailed regulations
The Government shall promulgate the detailed
provisions prescribed herein.”
Article 3 of the Law No. 34/2018/QH14 on
amendments and supplements to several Articles of the Law on Higher Education,
in force as from July 1, 2019, shall include the following regulations:
“Article 3. Entry into force
This Law shall take effect as from January 1,
2019.”