Thông tư 25/2013/TT-BGDDT

CIRCULAR

PROVIDING REGULATIONS ON ORGANIZATION AND OPERATION OF NATIONAL, SECTORAL, INTERSECTORAL AND INTRA-INSTITUTIONAL COUNCIL FOR PROFESSOR TITLE

Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012 providing for functions, duties, powers and organizational structure of Ministry and Ministry-level agency;

Pursuant to the Government's Decree No. 32/2008/ND-CP dated March 19, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Prime Minister’s Decision No. 174/2008/QD-TTg dated December 31, 2008 on issuance of regulations on procedures and eligibility standards for appointment and discharge of a person holding the title of Professor or Associate Professor;

Pursuant to the Prime Minister’s Decision No. 20/2012/QD-TTg dated April 27, 2012 on revision or supplementation of several articles of “Regulations on procedures and eligibility standards for appointment and discharge of a person holding the title of Professor or Associate Professor” issued as an attachment to the Prime Minister’s Decision No. 174/2008/QD-TTg dated December 31, 2008.

Upon the request of the Director of the Department of Personnel and Organization,

The Minister of Education and Training hereby introduces the Circular that sets out regulations on organization and operation of national, sectoral, intersectoral and intra-institutional Council for Professor Title, including the following provisions:

Article 1. Regulations on organization and operation of national, sectoral, intersectoral and intra-institutional Council for Professor Title are provided herein as an attachment to this Circular.

Article 2. This Circular shall enter into force from August 30, 2013 and replace the Decision No. 3932/QD-BGDDT dated June 2, 2009 of the Minister of Education and Training that sets out regulations on organization and operation of national, sectoral, intersectoral and intra-institutional Council for Professor Title.

Article 3. Mr. (Mrs.) Chief of the Office, Director of the Department of Personnel and Organization, Director of the Agency of Teachers and Administrators of educational institutions, Director of the Department of Legal Affairs, Heads of relevant units affiliated to the Ministry of Education and Training, Heads of governing bodies of higher education institutions, Chair of the State Council for Professor Title, and Heads of higher education institutions, shall be responsible for implementing this Circular./.

REGULATIONS

ORGANIZATION AND OPERATION OF NATIONAL, SECTORAL, INTERSECTORAL AND INTRA-INSTITUTIONAL COUNCIL FOR PROFESSOR TITLE
(Issued as an annex to the Circular No. 25/2013/TT-BGDDT dated July 15, 2013 of the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. These Regulations prescribe organization and operation of national, sectoral, intersectoral and intra-institutional Council for Professor Title.

2. These Regulations apply to national, sectoral, intersectoral and intra-institutional Council for Professor Title; relevant organizations or individuals.

Article 2. Working principles of Councils for Professor Title

1. Participants in meeting sessions shall cast their open or secret ballots to arrive at a resolution on any matters relating to duties undertaken by a Council for Professor Title.

2. Meeting sessions of a Council for Professor Title shall be held only when at least three fourths of the Council’s members are present; the Council for Professor Title shall hold only one vote on whether the recognition of accreditation of a nominee for Professor or Associate Professor title is awarded or cancelled.

3. The Council for Professor Title shall hold its meeting, either periodic or unscheduled, upon the request of its Chair or more than half of its membership to discuss and resolve on any matters that may arise from the process of performing its assigned duties.

4. Periodic or unscheduled meetings of a Council for Professor Title shall take the form of a direct meeting, an online meeting (or a meeting conducted through the use of other means of communication) or documented opinion survey.

Chapter II

NATIONAL COUNCIL FOR PROFESSOR TITLE

Article 3. The Standing Committee of the national Council for Professor Title

1. The Standing Committee of the national Council for Professor Title shall be composed of the Council’s Chair, Vice Chair(s) and General Secretary.

2. The Standing Committee of the national Council for Professor Title shall assume responsibility for handling regular issues arising within the Council and during the interval period between two meetings; organizing and providing directions and guidelines for activities of the sectoral and intra-institutional Council for Professor Title.

Article 4. Eligibility and conduct standards for becoming a member of the national Council for Professor Title

1. Be a professor that has earned a good scientific reputation and currently gets involved in training activities at the undergraduate, postgraduate and scientific research level.

2. Display good political and moral qualities, and have his/her undoubtful personal history or family background; assume responsibility for verifying and evaluating applications for recognition or cancellation of accreditation for Professor or Associate Professor title.

3. Have good health and arrange available time to take on his/her duties assigned by the Council.

4. In either cases where any member of the national Council for Professor Title has no longer met the standards specified in this Article or has been subject to a form of penalty which is a warning or caution or more severe one, the Minister of Education and Training shall petition the Prime Minister to consider making his decision on discharge of an incumbent and appointment of a substitute holding such Professor or Associate Professor title.

Article 5. Duties and powers of the national Council for Professor Title

1. Process and conduct the collective evaluation of application documents submitted by nominees in the list of nominees for Professor or Associate Professor title that is compiled by the sectoral Council for Professor Title in order to award the recognition and the certificate of accreditation for Professor or Associate Professor title.

2. Consider making a decision to cancel the recognition of accreditation for Professor or Associate Professor title that was granted to a nominee in case it is proved that the nominee has failed to meet the standards referred to in Article 8, 9 and 10 of the Regulations on procedures and eligibility standards for appointment and discharge of a person holding Professor or Associate Professor title, which are issued together with the Decision No. 174/2008/QD-TTg and Clause 3, 4 and 5 Article 1 of the Decision No. 20/2012/QD-TTg

3. Organize and provide instructions and directions for activities of sectoral and intra-institutional Council for Professor Title, and specify identical application documents to be submitted to the national Council for Professor Title

4. Receive and deal with any written complaints or accusations regarding issuance of the decision on recognition of accreditation for Professor or Associate Professor title, and the Council’s assignments as prescribed by laws.

5. The tenure of the national Council for Professor Title shall be 5 years.

Article 6. Duties and powers of the Chair of the national Council for Professor Title

1. Preside over the Council’s meetings.

2. Act on behalf of the Council to sign his/her name on lawful decisions and the Certificate of accreditation for Professor or Associate Professor title under the resolution of the national Council for Professor Title;

3. Take charge of dealing with assigned duties of the national Council for Professor Title during the interval period between two meetings.

4. Make a decision on establishment of and appointment of members to the sectoral and intra-institutional Council for Professor Title; provide directions for and conduct inspection of activities of the sectoral and intra-institutional Council for Professor Title.

5. Act as a member of the Council to get involved in performing assigned duties of the national Council for Professor Title.

6. Receive a payment for his/her holding the office as the Chair of the national Council for Professor Title.

Article 7. Duties and powers of the Vice Chair of the national Council for Professor Title

1. Act on behalf of the Chair of the national Council for Professor Title to perform duties specified in Article 6 hereof in case of being authorized to do so by the Council's Chair (or in the absence of the Council's Chair).

2. Collaborate with the Chair and the General Secretary of the national Council for Professor Title in dealing with issues that may arise during the interval period between two meetings of the Council and as assigned by the Chair of the national Council for Professor Title.

3. Act as a member of the Council to get involved in performing assigned duties of the national Council for Professor Title.

4. Receive a remuneration paid for his/her holding the office as the Vice Chair of the national Council for Professor Title.

Article 8. Duties and powers of the General Secretary of the national Council for Professor Title

1. Act in the name of the Standing Committee of the National Council for Professor to handle regular issues arising within the Council and other relevant ones under the mandate of the Chair or Vice Chair.

2. Collaborate with the Chair and Vice Chair of the national Council for Professor Title in organizing and dealing with issues that may arise within the Council, provide guidance on activities of the sectoral and intra-institutional Council for Professor Title.

3. Directly operate and manage the Office of the national Council for Professor Title; implement personnel policies applied to public officers and employees working at the Office.

4. Act as a member of the Council to get involved in performing assigned duties of the national Council for Professor Title.

5. Receive payment of salary or benefit for his/her permanently holding the office as the General Secretary of the national Council for Professor Title.

Article 9. Duties and powers of a commissioner of the national Council for Professor Title

1. Hold the office as the Chair of the sector Council for Professor Title and work under the dual employment mechanism.

2. Bear responsibility for administering assigned activities of the sectoral Council for Professor Title and performing other duties assigned by the Standing Committee of the national Council for Professor Title.

3. Act as a member of the Council to get involved in performing assigned duties of the national Council for Professor Title.

4. Receive payment of remuneration for his/her holding the office as a Commissioner of the national Council for Professor Title.

Chapter III

SECTORAL COUNCIL FOR PROFESSOR TITLE

Article 10. Organizational structure of the sectoral Council for Professor Title

1. Each sectoral Council for Professor Title shall be composed of 9 (nine) – 15 (fifteen) members. The number of members coming from the same higher education institution who are admitted to a sectoral Council for Professor Title shall not exceed 3 (three) persons; in certain special cases, shall be subject to the decision that may be issued by the Chair of the national Council for Professor Title.

2. The Standing Committee of the sectoral Council for Professor Title shall be composed of the Chair, Vice Chair and Commissioner acting as Secretary of the sectoral Council for Professor Title, and assume responsibility for handling regular issues arising within the Council and during the interval period between its two meetings.

3. The sectoral Council for Professor Title shall be backed by a team of assistants designated by the Chair of the sectoral Council for Professor Title.

4. The tenure of the sectoral Council for Professor Title shall be the same as that of the national Council for Professor Title (5 years).

Article 11. Eligibility and conduct standards for becoming a member of the sectoral Council for Professor Title

1. Be a professor who has earned a good scientific reputation and currently gets involved in training activities at the undergraduate, postgraduate and scientific research level. Where the number of professors attending the Council is not adequate, some who are Associate Professors may be accepted, but must be less than one third of membership of the sectoral Council for Professor Title.

2. The Chair and Vice Chair of the sectoral Council for Professor Title must be Professors.

3. Display good political and moral qualities, and have his/her legally-accepted personal history or family background; assume responsibility for verifying and evaluating applications for recognition or cancellation of accreditation for Professor or Associate Professor title.

4. Have good health and arrange available time to take on his/her duties assigned by the Council.

5. In either cases where any member of the sectoral Council for Professor Title has no longer met the standards specified in this Article or has been subject to a form of penalty which is a warning or caution or more severe one, the General Secretary of the national Council for Professor Title shall petition the Chair of the national Council for Professor Title to consider making his/her decision on discharge of an incumbent and appointment of a substitute holding such Professor or Associate Professor title.

Article 12. Establishment of the sectoral Council for Professor Title

1. The science and education board of a higher education institution shall recommend persons that meet the standards specified in Article 11 hereof to the head of that higher education institution who will select and make a written recommendation of nominees arranged in priority order and send such recommendation to the office of the national Council for Professor Title.

2. The General Secretary of the national Council for Professor Title shall, based on the list of recommended nominees submitted by a higher education institution and the Chair of the sectoral Council for Professor Title, select and compile a list of members of the sectoral Council for Professor Title as well as submit the list to the Chair of the national Council for Professor Title to request him/her to consider making an appropriate decision.

3. Under special circumstances the Chair of the national Council for Professor Title may exceptionally appoint several members of the sectoral Council for Professor Title who have not been named in the list of recommended nominees submitted by the head of a higher education institution and the Chair of the sectoral Council for Professor Title.

4. The Chair of the sectoral Council for Professor Title shall be appointed by the national Council for Professor Title; the Vice Chair, Commissioner acting as the Secretary and Commissioners of the sectoral Council for Professor Title shall be elected by the Council and approved by the Chair of the national Council for Professor Title.

Article 13. Duties and powers of the sectoral Council for Professor Title

1. Process and conduct the collective evaluation of application packages of nominees received from the national Council for Professor Title that fall under its sectoral and intersectoral authority in order to request the national Council for Professor Title to consider granting recognition of accreditation of such nominees for Professor or Associate Professor title.

2. Decide and request the national Council for Professor Title to approve the decision to cancel the recognition of accreditation for Professor or Associate Professor title that was granted to a nominee in case it is proved that the nominee has failed to meet the standards referred to in Article 8, 9 and 10 of the Regulations on procedures and eligibility standards for appointment and discharge of a person holding Professor or Associate Professor title, which are issued together with the Decision No. 174/2008/QD-TTg and Clause 3, 4 and 5 Article 1 of the Decision No. 20/2012/QD-TTg

3. Receive and handle written complaints or accusations relating to issues under its authority and make a report on handling results to the national Council for Professor Title.

4. In cases where a nominee applying for grant of the decision on recognition of accreditation for Professor title is a member of the sectoral Council for Professor Title, this member shall not be allowed to get involved in implementing procedures for discussing and evaluating his/her application but shall still have a right to cast his/her vote.

Article 14. Duties and powers of the Chair of the sectoral Council for Professor Title

1. Preside over the Council’s meetings.

2. Take charge of dealing with assigned duties of the sectoral Council for Professor Title during the interval period between two meetings.

3. Bear responsibility to the national Council for Professor Title for his/her duties assigned by the sectoral Council for Professor Title.

4. Act as a member of the sectoral Council of Professor Title to get involved in performing assigned duties of the sectoral Council for Professor Title.

5. Assign duties to the assistant team of the sectoral Council for Professor Title.

6. Receive payment of remuneration for his/her holding the office as the Chair of the sectoral Council for Professor Title.

Article 15. Duties and powers of the Vice Chair of the sectoral Council for Professor Title

1. Act on behalf of the Chair of the sectoral Council for Professor Title to perform duties specified in Article 14 hereof in case of being authorized to do so by the Chair of the sectoral Council for Professor Title (or in the absence of the Chair of the sectoral Council for Professor Title).

2. Collaborate with the Chair and Commissioner acting as the Secretary of the sectoral Council for Professor Title in dealing with issues that may arise during the interval period between two meetings of the Council and as assigned by the Chair of the sectoral Council for Professor Title.

3. Act as a member of the sectoral Council of Professor Title to get involved in performing assigned duties of the sectoral Council for Professor Title.

4. Receive payment of remuneration for his/her holding the office as the Vice Chair of the sectoral Council for Professor Title.

Article 16. Duties and powers of a Commissioner acting as the Secretary of the sectoral Council for Professor Title

1. Deal with issues that may arise within the sectoral Council for Professor Title according to duties assigned by the Chair of the sectoral Council for Professor Title.

2. Directly take charge of activities of the assistant team of the sectoral Council for Professor Title.

3. Act as a member of the sectoral Council of Professor Title to get involved in performing assigned duties of the sectoral Council for Professor Title.

4. Receive payment of remuneration for his/her holding the office as the Commissioner acting as the Secretary of the sectoral Council for Professor Title.

Article 17. Duties and powers of a Commissioner of the sectoral Council for Professor Title

1. Deal with issues that may arise within the sectoral Council for Professor Title according to duties assigned by the Chair of the sectoral Council for Professor Title.

2. Act as a member of the sectoral Council of Professor Title to get involved in performing assigned duties of the sectoral Council for Professor Title.

3. Receive payment of remuneration for his/her holding the office as the Commissioner of the sectoral Council for Professor Title.

Chapter IV

INTRA-INSTITUTIONAL COUNCIL FOR PROFESSOR TITLE

Article 18. Organizational structure of the intra-institutional Council for Professor Title

1. The intra-institutional Council for Professor Title shall be composed of the membership of 9 (nine) – 17 (seventeen) persons who must be Professors or Associate Professors, including one Chair, one Commissioner of the Standing Committee and other Commissioners of the Council.

2. The Chair of the intra-institutional Council for Professor Title and the Commissioner of the Standing Committee of the intra-institutional Council for Professor Title shall be elected by the Council. The Council’s Chair must hold the title of Professor. In cases where there is none of Professors in the intra-institutional Council for Professor Title, the member holding the title of Associate Professor may be elected as the Council’s Chair.

3. The intra-institutional Council for Professor Title shall operate a team of assistants to the Council's Chair.

4. The tenure of the intra-institutional Council for Professor Title is 1 (one) year.

5. Expenses for activities of the intra-institutional Council for Professor Title shall be covered by the higher education institution where the Council is operated.

Article 19. Eligibility and conduct standards for becoming a member of the intra-institutional Council for Professor Title

1. Be a Professor or Associate Professor who has earned a good scientific reputation and currently gets involved in training activities at the undergraduate, postgraduate and scientific research level.

2. Display good political and moral qualities, and have his/her legally-accepted personal history or family background; assume responsibility for verifying and evaluating applications for recognition or cancellation of accreditation for Professor or Associate Professor title.

3. Have good health and arrange available time to take on his/her duties assigned by the Council. In either cases where any member of the intra-institutional Council for Professor Title has no longer met the standards specified in this Article or has been subject to a form of penalty which is a warning or caution or more severe one, the Head of the higher education institution shall petition the Chair of the national Council for Professor Title to consider making his/her decision on discharge of an incumbent and appointment of a substitute holding such Professor or Associate Professor title.

Article 20. Eligibility requirements for establishment of the intra-institutional Council for Professor Title

1. Each higher education institution may be allowed to establish one intra-institutional Council for Professor Title when it conforms to the following requirements:

a) Have at least 15 (fifteen) lecturers (exclusive of visiting lecturers) that hold the title of Professor, Associate Professor or the doctoral degree, including at least 7 (seven) Professors or Associate Professors;

b) Have a nominee who is a tenured lecturer of a higher education institution. A nominee of a higher education institution shall not be a Commissioner of the intra-institutional Council for Professor Title;

c) The higher education institution has completed a master’s or doctoral degree course.

2. Where a higher education institution does not have the adequate number of Professors or Associate Professors who are its lecturers for the purpose of establishing the intra-institutional Council for Professor Title, the intra-institutional Council for Professor Title shall be established according to the following process:

a) Invite several Professors or Associate Professors who are tenured lecturers of a higher education institution and currently are visiting lecturers or thesis or dissertation advisors at the higher education institution in order to establish the intra-institutional Council for Professor Title; the number of externally invited members who are visiting lecturers shall not exceed 1/4 of the membership of the intra-institutional Council for Professor Title;

b) Even if the number of members, inclusive of the number of externally-invited members specified in Point a, Clause 2 of this Article, does reach 9 (nine) members, it is possible to choose a member to the intra-institutional Council for Professor Title but this member shall not be allowed to take up the title of the Chair of the intra-institutional Council for Professor Title or the Commissioner of the Standing Committee of the intra-institutional Council for Professor Title.

3. If a higher education institution have at least 10 (ten) lecturers (exclusive of visiting lecturers) that hold the title of Professor, Associate Professor or the doctoral degree, including at least 3 (three) Professors or Associate Professors, it in partnership with another higher education institution can establish an intra-institutional Council for Professor Title. The number of higher education institutions that are entitled to build a partnership with other ones to establish an intra-institutional Council for Professor Title shall not exceed 02 (two), shall be agreed upon in writing between both heads of such higher education institutions and shall include nominees coming from both partner institutions.

4. A higher education institution that has at least 10 (ten) codes of disciplines provided at least the postgraduate and doctoral level may be allowed to establish several intra-institutional Councils for Professor Title on condition that each intra-institutional Council for Professor Title has at least 9 (nine) lecturers holding the title of Professor or Associate Professor who are a Council’s members (exclusive of externally-invited members) and each intra-institutional Council for Professor Title has at least 3 (three) nominees.

5. The Standing Committee of the national Council for Professor Title shall consider making a decision on establishment of an intra-institutional Council for Professor Title that operates within higher education institutions providing arts, sports and physical education disciplines.

Article 21. Procedures for establishment of an intra-institutional Council for Professor Title

1. The science and education board of higher education institutions that fully meet requirements specified in Article 20 hereof shall recommend persons that fully meet the standards or requirements specified in Article 19 hereof to the intra-institutional Council for Professor Title. The head of a higher education institution shall, based on the list of recommended nominees submitted by the science and education board, select members to compile the proposed list of the Council's members and prepare application documentation for submission to the national Council for Professor Title to seek its approval of establishment of an intra-institutional Council for Professor Title.

2. The General Secretary of the national Council for Professor Title shall, based on the application documentation of the head of a higher education institution, request the Chair of the national Council for Professor Title to make a decision on establishment of an intra-institutional Council for Professor Title and appoint members to the intra-institutional Council for Professor Title.

3. Upon receipt of the decision on establishment of the intra-institutional Council for Professor Title and appointment of members to the intra-institutional Council for Professor Title, the head of the higher education institution shall hold the Council’s meeting to elect the Chair and Commissioner of the Standing Committee of the intra-institutional Council for Professor Title; send a report on results of such election to the Chair of the national Council for Professor Title who grants his/her approval based on information contained in that report.

Article 22. Duties and powers of the intra-institutional Council for Professor Title

1. Decide whether it will request the national Council for Professor Title to grant recognition of accreditation for Professor or Associate Professor title to nominees who are lecturers of higher education institutions and those who are recommended by the national Council for Professor Title.

2. Receive and handle any written complaints or accusations regarding the decision on recognition of accreditation for Professor or Associate Professor title issued by the intra-institutional Council for Professor Title, and send the national Council for Professor Title a report on handling results.

Article 23. Effect

1. These Regulations shall enter into force from August 30, 2013.

2. Any revision or supplementation of these Regulations shall be proposed by the national Council for Professor Title and shall be subject to the decision made by the Minister of Education and Training./.