Luật Giáo dục đại học sửa đổi 2018 số 34/2018/QH14

NATIONAL ASSEMBLY
——-

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

Law No. 34/2018/QH14

Hanoi, November 19, 2018

 

LAW

ON AMENDMENTS TO THE LAW ON HIGHER EDUCATION

Pursuant to the Constitution
of 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.

Article
1. Amendments to the Law on Higher Education

1.
Article 2 is amended as follows:

“Article 2. Regulated
entities

1. This Law applies to
higher education institutions, organizations and individuals involved in higher
education.

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2.
Article 4 is amended as follows:

“Article 4.
Definitions

For the purposes of this Law,
the terms below are construed as follows:

1. “higher education
institution” means an education institution of the national education system
and is permitted to provide higher education training, engage in science and
technology activities and serve the community.

2. “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”
also refers to a higher education institution that provides training in
multiple fields, has an organizational structure conformable with this Law and
multiple units that pursuit the same missions and objectives.

4. “subsidiary” 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 internal rules and
regulations.

5. “affiliate” means a
legal entity affiliated to 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, internal rules and regulations of the higher education institution.

6. “affiliate” also
refers to a unit of a higher education institution that is not a legal entity,
established under a decision of the university council (school council);
organized and run in accordance with law, internal rules and regulations of the
higher education institution.

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8. “ academic discipline”
means an area of knowledge and skills relevant to a specific profession or
science, defined and categorized by the Ministry of Education and Training.

9. “major” means the
advanced knowledge and skills of an academic discipline, decided by the higher
education institution.

10. “field” means a group
of academic disciplines that have common knowledge and skills relevant to a
specific profession or science, defined 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 provide
information for learners, the public, competent authorities, the owner and
relevant parties about its conformity with law and its rules and commitment.”.

3.
Article 6 is amended as follows:

“Article 6. Training
levels and forms

1. Higher education
training levels include undergraduate training, master’s training and doctoral
training.

2. Training forms include
formal training, in-service training and distance education. Students can
transfer between the training forms through bridge programs.

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4. The Government shall
prescribe training levels of special academic disciplines.”.

4.
Article 7 is amended as follows:

“Article 7. Higher
education institutions

1. Higher education
institutions are legal entities, including universities, parent universities
and other types of higher education institutions defined by law.

National universities and
regional universities are parent universities responsible for achievement of
strategic national and regional development objectives.

2. Types of higher
education institutions:

a) Public higher
education institutions invested, maintained and represented by the State as the
owner;

b) Private higher
education institutions invested and maintained domestic or foreign investors.

A non-profit higher
education institution is one in which the investor declare that the institution
does not run for profit as written in the decision to permit its establishment
or conversion; the investor will not withdraw capital or receive dividends; the
annual accumulated profit shall be considered non-distributable property and
will be used as reinvestment in such institution.

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3. All types of higher
education institutions are equal before law.

4. Classification by
orientations:

a) Research-oriented
higher education institutions;

b) Application-oriented
higher education institutions;

5. The Government shall
elaborate regulations on recognition of research-oriented higher education
institutions on the basis of their training and research results; conversion of
universities into parent universities; association between universities and
parent universities; conversion of private higher education institutions into
non-profit private higher education institutions; rules for naming and renaming
higher education institutions; organization and operation of higher education
institutions established under treaties between the Government of Socialist
Republic of Vietnam and foreign parties.”.

5.
Article 9 is amended as follows:

“Article 9. Ranking of
higher education institutions

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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6.
Article 11 is amended as follows:

“Article 11. Higher
education institution network planning

1. The higher education
institution network planning shall ensure 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, 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.

3. The preparation,
appraisal, approval, announcement, revision and implementation of the higher
education institution network planning shall comply with planning laws and
relevant laws.”.

7. Article
12 is amended as follows:

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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.

7. Attract, employ
lecturers and provide benefits for lecturers in order to improve their quality;
focus on increasing the quantity of lecturers that are masters, doctors and
leading professors in higher education institutions.

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9. Encourage and intensify
international integration and cooperation in order to raise Vietnam’s higher
education to regional and international levels.”.

8.
Article 14 is amended as follows:

“Article 14.
Organizational structure of a university

1. The organizational
structure of a university consists of:

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.

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9.
Article 15 is amended as follows:

“Article 15.
Organizational structure of a parent university

1. The organizational
structure of a parent university consists of:

a) The school council;

b) The principal and
vice-principals;

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 or a parent university, relationship and level of
autonomy of its subsidiaries and affiliates shall be specified in the
university’s internal rules and regulations.”.

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“Article 16. School
council of a public university

1. The school council of
a public university is the executive organization that represents the rights of
the owner and other parties with relevant interests.

2. The school council of
a public university has the following responsibilities and entitlements:

a) Decide the development
strategies, development 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
internal rules and regulations, finance regulations and grassroots democracy
regulations in accordance with this Law and relevant laws;

c) Decide plans for
enrolment, offering new programs, training, cooperation in education, scientific
activities, international cooperation; policies on higher education quality
assurance, cooperation between the universities and enterprises and employers;

d) Decide the
organizational structure, personnel structure, establishment, merger, division,
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 propose
recognition or dismissal of the principal; designation and dismissal
vice-principal on the basis of the principal’s request; other managerial
positions shall be specified in the university’s internal rules and
regulations; organize annual performance assessment by the school council
president or the principal; have mid-tenure or irregular vote on confidence in
the school council president or principal according to the university’s
internal rules and regulations;

e) Decide policies on
attracting investments in the universities; tuition fees and assistance for
students; approve financial plans; approve annual financial statements and
statements of lawful sources of income of the university;

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h) Supervise the
implementation of decisions issued by the school council, adherence to law,
implementation of democracy regulations during the university’s operation and
the principal’s accountability; supervise the management and use of funds and
assets of the university; submit annual reports on supervision results to the
school assembly.

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 internal rules and regulations.

3. Quantity and
responsibility members of the school council of a public university:

a) The quantity of school
council members must be an odd number and not smaller than 15, including both
internal and external members;

b) Internal members
include inherent members and members elected by the general assembly or
delegate assembly of the university (hereinafter referred to as “school
assembly”).

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 peoples, former students,
representatives of employers;

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4. The election,
standards, responsibilities and entitlements of the school council president:

a) The school council
president shall have political credentials, good ethics, 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
presidents 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 internal rules and regulations;

d) Assume responsibility
for performance of his/her duties and entitlements.

5. List of members,
tenure and working regulations of the school council of a public university:

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 internal
rules and regulations; decisions of the school councils shall be presented in
the form of resolutions,

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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;

e) Separation between
responsibilities and entitlements of the school council and those of the
principal;

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 internal 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.”.

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 “Article 16a.
Investors

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;

d) Organize supervision
and evaluation of the school council’s performance;

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 scheme;

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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 internal 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:

a) Invest in
establishment of a business organization in accordance with the Law on
Investment and the Law on Enterprises, which will subsequently establish the
private higher education institution in accordance with this Law;

b) Directly invest in
establishment of a private higher education institution in accordance with this
Law, in which case, the higher education institution’s internal 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.”.

12.
Article 17 is amended as follows:

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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 internal 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.

4. The election,
standards, responsibilities and entitlements of the school council president;
the list and tenure of school council members; working rules of the school council
of a for-profit or non-profit private university:

a) The school council
president shall be a full-time or part-time manager of the university as
prescribed by its internal rules and regulations, elected by the school council
and recognized by the general assembly of investors or the owner;

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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 internal 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.”.

13.
Article 18 is amended as follows:

“Article 18. School
councils of parent universities

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;

b) Issue the parent
university’s internal rules and regulations, finance regulations and grassroots
democracy regulations, except for the cases specified in Clause 2 Article 29 of
this law, in accordance with this Law and relevant laws;

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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 internal 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 university; policies of investment and use of valuable assets under the
management of the parent university according to its internal 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 internal
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 internal 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.

Internal members include
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, presidents of school councils of the
subsidiaries (or heads of the subsidiaries without school councils),
representatives of lecturers and other employees of the parent university
elected by its school assembly.

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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 internal 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;

b) Standards, duties and
entitlements, procedures for electing and dismissing vice-presidents (if any)
and school council secretary;

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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.”.

14.
Article 20 is amended as follows:

“Article 20.
Principals of higher education institutions

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 internal 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.

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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 internal rules and
regulations.

3. Duties and
entitlements of the principal:

a) Act as the legal
representative and account holder of the higher education institution, unless
otherwise prescribed by the internal 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 internal 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 internal 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 internal 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;

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15.
Article 21 is amended as follows:

“Article 21. Campuses
of higher education institutions

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;

b) The campus in Vietnam
of a Vietnamese higher education institution shall perform part of the
functions, tasks, and entitlements of the higher education institution as
assigned by its principal; submit reports to the People’s Committee of the
province where the campus is situated on activities within the management of
the provincial authority;

c) The organizational
structure and operation of such a campus shall comply with the higher education
institution’s internal 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.

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(028) 3930 3279

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0906 22 99 66

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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.”.

16.
Point d Clause 1 Article 22 is amended as follows:

“d) Foreign-invested
higher education institutions shall satisfy other conditions prescribed by the
Law on Investment.”.

17.
Article 32 is amended as follows:

“Article 32. Autonomy
and accountability of higher education institutions

1. Higher education
institutions shall have autonomy and accountability as prescribed by law.
Organizations and individuals shall respect and protect autonomy of higher
education institutions.

2. In order to have
autonomy, a higher education institution shall:

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0906 22 99 66

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b) has issued and
implemented its internal rules and regulations; finance regulations; other
internal regulations and procedures; has policies on quality assurance and
fulfillment of standards prescribed by the State;

c) assign specific
autonomy and accountability to every unit and individual in the higher
education institution;

d) publish the conditions
for quality assurance; inspection result; 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 include promulgating and organizing 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
include promulgating and organizing implementation of internal rules and
regulations on sources of income, management and use of assets and sources of
income; attracting 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:

a) Providing description
of implementation of quality policies and standards, promulgation and
implementation of its regulations; responsibility for failure to adhere to
regulation or commitment to quality;

b) Publishing of annual
reports on performance indicators on its website; submit periodic and irregular
reports to the owners and competent authorities;

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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.”.

18.
Article 33 is amended as follows:

“Article 33. Offering
new programs

1. Conditions for
offering a new undergraduate, master’s or doctoral program:

a) The academic
discipline is suitable for the demand for human resources for industrial,
local, regional or national socio-economic development; facilitates
international integration;

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;

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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.”.

19.
Some contents of Article 34 are amended as follows:

a) Clause 1 is amended as
follows:

“1. Enrolment target:

a) The enrolment target
shall be determined on the basis of market demand, its necessity for
socio-economic development, quantity and quality of available lecturers,
facilities; ratio of students that are employed after graduation, and other
quality assurance conditions;

b) Each higher education
institution shall determine its own enrolment target; publish its enrolment
target, training quality and quality assurance conditions, ratio of students
employed after graduation; assurance of graduates’ quality as declared;

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b) Clause 3 is amended as
follows:

“3. 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 enrolment targets;
enrolment targets of teacher training-related disciplines and enrolment targets
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 practising certificates.”.

20.
Article 35 is amended as follows:

“Article 35. Training
duration

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.”.

21.
Points a, b, c of Clause 1 Article 36 are amended as follows:

“a) 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 training level framework;

b) 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;

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22.
Article 37 is amended as follows:

“Article 37. Training
organization and management

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 practising 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 training in higher
education.”.

23.
Article 38 is amended as follows:

“Article 38. Academic
degrees

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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 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 special
fields of study.”.

24.
Article 42 is amended as follows:

“Article 42.
Responsibility of the State for scientific and technological development

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.

2. The Government shall
provide for scientific activities in higher education institutions.”.

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“Article 45.
International cooperation in education

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.

4. The Minister of
Education and Training shall consider approving schemes for international
educational cooperation in teacher training-related and health-related fields
after comments are given by relevant ministries; schemes for educational
cooperation with higher education institutions other than those mentioned in
Clause 5 of this Article.

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.”.

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“Article 49. Higher
education quality assurance; objectives, rules and subjects of higher education
quality assessment

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 assessment.

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 assessment.

4. Higher education
quality assessment is meant to:

a) ensure and improve
higher education quality;

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.

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a) Independent,
objective, lawful;

b) Truthful, transparent;

e) Equal, mandatory,
periodic.

6. Subjects of higher
education quality assessment:

a) Higher education
institutions;

b) Higher education
training programs at various levels.”.

27.
Article 50 is amended as follows:

“Article 50.
Responsibility of higher education institutions for quality assurance

1. Develop the training
quality assurance system within the institution in a manner that is suitable
for its objectives and capacity.

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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.”.

28.
Article 52 is amended as follows:

“Article 52. Education
quality assessment organization

1. Education quality
assessment organizations have the responsibility to assess and recognize higher
education institutions and their training programs regarding fulfillment of
higher education quality standards.

Education quality
assessment 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 assessment results.

2. An education quality
assessment 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.

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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 assessment organizations.”.

29.
Article 54 is amended as follows:

“Article 54. Lecturers

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
internal 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 internal 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.”.

30.
Some contents of Article 55 are amended as follows:

a) Clause 1 is amended as
follows:

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b) Clause 3 is amended as
follows:

“3. Improving political
reasoning skills, professional knowledge, professional skills and teaching
methods; participate in practical activities to improve training quality and
participate in scientific research.”;

c) Clause 7 is amended as
follows:

“7. 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.”;

d) Clause 9 is amended as
follows:

“9. Other
responsibilities and entitlements specified in the higher education
institution’s internal rules and regulations and relevant laws.”.

31.
Some contents of Article 60 are amended as follows:

a) Clause 4 is amended as
follows:

“4. Being respected and
equally treated without discrimination by gender, ethnicity, religion and
background; receiving career counseling and information about the study
process.”;

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“5. Enjoying favorable
conditions for learning and participating in science and technology activities,
entrepreneurship, skill development, association activities, social activities,
sports and artistic activities.”;

c) Clause 8 is amended as
follows:

“8. Other
responsibilities and entitlements specified in the higher education
institution’s internal rules and regulations and relevant laws.”.

32.
Article 64 is amended as follows:

“Article 64. Sources
of income of higher education institutions

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;

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dd) Loans.

2. Sponsorships,
donations, gifts from former students, domestic and foreign entities.

3. State funding (if
any).”.

33.
Article 65 is amended as follows:

“Article 65. Tuition
fees and other service charges

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;

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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.”.

34.
Article 66 is amended as follows:

“Article 66. Financial
management by higher education institutions

1. Higher education
institutions shall comply with regulations of law on finance, accountant, audit,
taxation, asset valuation and financial disclosure.

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.

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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 non-distributable 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 publish
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.”.

35.
Article 67 is amended as follows:

“Article 67.
Management and use of assets of higher education institutions

1. Assets of public higher
education institutions shall be managed and used in the same manner as public
property. Higher education institutions may use public property for business
operation, lease, business association to develop higher education in a manner
that improves higher education, maintains and develops the property and is
suitable for the educational environment.

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;

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In case of transfer of
stakes in a higher education institution, the non-distributable property shall
not be included in the valuated assets of the institution.

In case of dissolution of
a higher education institution, the non-distributable 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.”.

36.
Article 68 is amended as follows:

“Article 68.
Responsibility for state management of higher education by the Government and
ministerial agencies

1. The Government shall
unify state management of higher education.

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:

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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 laws;

dd) Organize the higher
education management apparatus;

e) Establish mechanisms
and promulgate regulations on mobilizing, managing and use of resources serving
higher education development;

g) Manage science and
technology research and application; higher education business;

h) Mange international
cooperation in higher education;

i) Carry out inspections;
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.”.

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“Article 69.
Responsibility for state management of higher education by the People’s
Committees of provinces

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 lawsoft by
local higher education institutions; encourage private investment in higher
education; ensure improvement of higher education quality and effectiveness in
their provinces.”.

Article
2. Replacement and removal of some words and phrases in the Law on Higher
Education

1. The phrase “chủ
động” (initiative) is replaced with “tự chủ” (autonomy) in Clause 2 Article 8;
the phrase “viện nghiên cứu khoa học” (“research institutions”) is replaced
with “viện hàn lâm, viện” (“academies and institutions”) in Article 30; the
phrase “tự chịu trách nhiệm” (“responsibility”) is replaced with “có trách nhiệm
giải trình” (“accountability”) in Point d and Point dd Clause 1 Article 36,
Clause 4 Article 41 and Article 53; the phrase “Hiệp định ký kết với Nhà nước
Việt Nam” (international agreements with Vietnam”) is replaced with “điều ước
quốc tế mà nước Cộng hòa xã hội chủ nghĩa Việt Nam là thành viên”
(“international treaties to which Vietnam is a signatory”) in Clause 1 Article
63.

2. The phrase “được
thành lập theo quyết định của hiệu trưởng trường đại học, giám đốc học viện, đại
học,” (“established under decisions of the principals or directors”) and “cho
hiệu trưởng, giám đốc” in Clause 1 Article 19; the phrase “quy hoạch phát triển
kinh tế – xã hội và” (“master plan for socio-economic development”) in Point a
Clause 1 Article 22; the phrase “, học viện” (“academy”) in Article 27 and
Article 28; the phrase “, viện nghiên cứu khoa học được phép đào tạo trình độ
tiến sĩ” (“research institutions permitted to provide doctoral training”)
in Clause 4 Article 27; the phrase “Thủ tướng” (“the Prime Minister”) in Clause
1 Article 27 and Clause 2 Article 48; the phrase “và quy hoạch” (“and master
plans”) in Clause 1 Article 48; the phrase “Điều 74 của” (“Article 47 of”) in
Clause 1 Article 57; the phrase “tại các điều 89, 90, 91 và 92” (“in Articles
89, 90, 91 and 92”) in Clause 1 Article 62 are removed.

Article
3. Implementation clause

This Law comes into force
from July 01, 2019.

This Law is ratified by
the 14th National Assembly of Socialist Republic of Vietnam during
its 6th session on November 19, 2018.

 

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PRESIDENT OF THE NATIONAL ASSEMBLY

Nguyen Thi Kim Ngan