Thông tư 01/2015/TT-BGDDT

CIRCULAR

PROMULGATING THE COLLEGE CHARTER

Pursuant to the Law on Education dated June 14, 2005; the Law on amending and supplementing the Law on Education dated November 25, 2009;

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to the Government's Decree No. 36/2012/NĐ-CP dated April 18, 2012 on defining the functions, tasks, entitlements and organizational structure of Ministries and Ministerial-level agencies;

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

Pursuant to the Government’s Decree No. 115/2010/NĐ-CP dated December 24, 2010 on stipulating responsibility for the state management of education;

Pursuant to the Government's Decree No. 75/2006/ND-CP dated August 02, 2006, providing instructions on the implementation of several articles of the Education Law and the Government's Decree No. 31/2011/NĐ-CP dated May 11, 2011 on the amendments to the Government's Decree No. 75/2006/NĐ-CP;

Pursuant to the Government's Decree No. 141/2013/NĐ-CP dated October 24, 2013 on providing instructions on the implementation of several articles of the Law on Higher Education;

The Minister of Education and Training hereby promulgates the College Charter.

Article 1. The College Charter is introduced together with this Circular.

Article 2. This Circular shall come into effect from March 02, 2015 and replace the Circular No. 14/2009/TT-BGDĐT of the Minister of Education and Training dated May 28, 2009 on promulgating the College Charter, and Article 1 of the Circular No. 43/2011/TT-BGDĐT dated October 04, 2011 on amending several articles of the Circular No. 14/2009/TT-BGDĐT and the Decision No. 37/2000/QĐ-BGD&ĐT adopted by the Minister of Education and Training on August 29, 2000 on promulgating the temporary Community College Charter.

Article 3. Ministers, Heads of ministerial-level agencies, governmental agencies, Presidents of the People’s Committees of centrally-affiliated cities and provinces where colleges are located, Chiefs of Ministries’ Offices, the Head of Higher Education Administration Department, Heads of relevant affiliates of the Ministry of Education and Training, and Presidents of colleges, shall be responsible for implementing this Decision.

THE COLLEGE CHARTER

(Issued together with the Circular No. 01/2015/TT-BGDĐT dated January 15, 2015 by the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application and applicable entities

1. This Charter shall provide for duties and powers; organization and management of colleges; operation of colleges; lecturers and students; finance operations and assets; relationship of colleges with families and society; implementation of the College Charter.

2. This Charter shall apply to public, private and community colleges. Member colleges of the regional universities shall adopt this Charter and the rules of organization and operation of regional universities and member higher education institutions.

3. Foreign-invested colleges must implement provisions on operation of colleges and statutory rights of students defined in this Charter, and other provisions stipulated by the law on international cooperation and foreign investment in the higher education sector. Particularly, the standards that lecturers, leaders and administrative officers of these colleges are required to meet are not allowed to be lower than the corresponding standards stipulated in this Charter.

Article 2. Interpretation of terms

In this Charter, terms shall be construed as follows:

1. Tenured lecturers or administrative officers

a) The tenured lecturer or administrative officer of a public college refers to a civil servant who is recruited, employed and managed under legal regulations on public servants;

b) The tenured lecturer or administrative officer of a private college refers to an employee who signs the employment contract of 3-year or indefinite duration in accordance with the Labor Code, or who is not working under the employment contract of over-3-month duration with other employers; who is not a state official or state employee; who are paid salary and entitled to other payments defined in the employee regulations and policies in accordance with applicable laws.

2. Capital contribution refers to the putting of assets in the charter capital of a private college. Contributed capital assets can be in Vietnamese dong (VND), gold, a foreign currency and value of the land title, value of intellectual property rights and any other types of property, which is specified in the rules of college organization and operation. Total value of contributed assets shall be converted into Vietnamese dong at the exchange rate stipulated by the State Bank at the time when such capital contribution takes place.

3. The charter capital refers to total value of contributed capital in Vietnamese dong (VND) of all contributing members, which is specified in the rules of college organization and operation. During its operation, the college can make an increase in the charter capital to meet the demand for its construction and development.

4. Founding member refers to a person who is directly involved in proposing and making arrangement for the establishment of a college and is eligible to be present in the list of founding members enclosed in the documentation that must be submitted to apply for its inception; who is entitled to take part in the formation and approval of the first rules of college organization and operation as well as contribute an amount of capital that conform to this college's requirements.

5. The direct management agency of a public college refers to any institutional entity who is tasked with the management of that college in accordance with laws, including Ministries and central regulatory bodies; the People’s Committee of centrally-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees); political organizations, socio-political institutions, economic incorporations and regional universities.

6. The community college refers to a public college which is affiliated to the People’s Committee of a province, offers multi-level, multidisciplinary education and training programs and plans designed with flexibility to meet the diversified demand of the public as well as the need for economic, cultural and social development in the province.

Article 3. Rules for naming of a college

1. A college’s name shall be composed of the following words and phrases:

a) Words and phrases that identify the type of a college: College or community college;

b) Words and phrases that identify the type of a college, academic and training sector or majors (when applicable);

c) Specific name: Name of a place, a famous person in Vietnam’s culture and history, individual or organization;

d) Words or phrases that identify the quality and standard when necessary.

2. Colleges must bear a Vietnamese name and a foreign name used for performing international transactions and consistently translated under the regulations enforced by the Ministry of Education and Training. A college’s name is not allowed to be identical to or is confused with other existing colleges.

Article 4. Rules of college organization and operation

Rules of college organization and operation shall be introduced by the college president under the Decision of the College Council (with respect to public colleges) or of the Management Board (with respect to private colleges) on the basis of elaborating regulations laid down in this Charter, corresponding to specific conditions of each college, avoiding any breach of relevant laws, and shall be publicly announced on the college’s electronic information website or through other mass media.

Article 5. Rights, duties, autonomy and social responsibilities of colleges

1. Colleges must assume their duty and authority in accordance with regulations laid down in Article 28 of the Law on Higher Education.

2. The autonomy of colleges, as stipulated by Article 32 of the Law on Higher Education and several other regulations, shall be specified in:

a) Decision on developmental objectives, strategies and proposals of colleges;

b) Decision to establish the organization structure, and develop the staff of lecturers and administrative officers in conformity with the developmental strategy and proposal of colleges;

c) Financial management, investment for development of all resources necessary to ensure that the educational quality shall conform to statutory requirements set out in legal regulations; decision on the tuition fee in proportion to all resources necessary to ensure that the educational quality of high-quality training programs shall conform to the accepted standard and the regulations on the financial autonomy of colleges;

d) Student selection process and training program development; development or selection of teaching materials which must be aligned with objectives of each training program; printing of diploma templates, management and conferment of degrees and certificates to students in accordance with laws;

dd) Implementation of science, technology and international cooperation activities in accordance with the developmental strategy and plan of colleges; training quality assurance; selection of an education quality assessment organization.

3. The college’s social responsibility is shown through such activities as reporting, disclosing and clarifying the college’s activities to regulatory agencies and interested parties in accordance with laws; fulfilling their commitments to regulatory agencies and bearing their responsibility for performing all of their activities to gain these commitments; prohibiting any misuse of their reputation and facilities in order to infringe upon legal regulations and provisions laid down in this Charter.

4. The community college shall assume responsibility and authority as prescribed in Clause 1, 2 and 3 of this Article as well as the followings:

a) Collaborate with universities in developing the transition and bridge program in which colleges and universities shall reach an agreement to allow collegiate students to have access to the university program provided that this conforms to legal regulations;

b) Offer the tailored education program to the elderly and the career development program to meet the community’s demand for learning;

c) Design training programs appropriate for work requirements of which contents must mainly focus on development and improvement of specific working and career skills;

d) Implement flexible training plans in order to enable students to take the academic intermission in accordance with the college’s regulations and achieve graduate diplomas upon completion of their training programs, and meet requirements set out in the training program;

dd) Gain their decision-making autonomy in terms of student selection plans and adjustment to their intake of formal and on-the-job training program students in proportion to the total intake stipulated by the Ministry of Education and Training;

e) Firmly tie academic industries and training programs with the local demand for human resource; collaborate with local enterprises and manufacturing facilities in providing financial support, equipment and facilities; assign teaching staff who have gained hands-on experience to give their lecture or laboratory instruction.

Chapter II

ORGANIZATION AND MANAGEMENT OF COLLEGES

Section 1. ORGANIZATION STRUCTURE OF COLLEGES

Article 6. ORGANIZATION STRUCTURE OF COLLEGES

1. The organization structure of a college must adhere to provisions laid down in Article 14 of the Law on Higher Education.

The establishment and dissolution of affiliates of colleges; organization structure, duties and authority of each affiliate, must conform to legal regulations or provisions laid down in this Charter, and must be specified in the rules of college organization and operation.

2. Foreign-invested colleges shall be granted the decision-making autonomy in terms of their organization structure; take responsibility to publicly disclose and submit a report on organization structure and representatives of colleges to the Ministry of Education and Training and People’s Committees of provinces where the headquarters of such colleges are located.

Article 7. College branches

A college branch shall be established under provisions laid down in Article 21 of the Law on Higher Education and several specific provisions as follows:

1. A college branch shall employ one director, a maximum of 02 vice directors and offices or departments suitable for the operation of a college branch. Standards of a director of a college branch must be similar to those of the college’s vice president for training activities; standards of a vice director of a college branch must be similar to those of a college faculty’s dean.

2. Duties and authority of a college branch: Carry out activities within assigned duties and delegated powers of such college, and comply with the overall direction of such college’s president; launch academic industries or disciplines permitted by competent authorities; stipulate organization and operation of a college branch in the rules of college organization and operation.

3. A foreign-invested college branch in Vietnam shall be established under the provision of the law on foreign cooperation and investment in the education and training field.

Article 8. Change of a college’s name

1. Name of a college is likely to be changed if this change is necessary and conforms to the principles of naming a college in accordance with the regulations laid down in Article 3 hereof.

2. Documentation submitted to apply for the change of a college's name shall include a petition for change of this college’s name which must clearly state the necessity and changes to the function, task, operating mechanism, investment in the development of a college's facilities (if any), and the significant influence over workforce training in order to serve the purpose of socio-economic growth as well as the planning for network of colleges; the assessment of potential impacts on students and staff of a college and other interested entities; the written consent from the direct management agency and the People’s Committee of the province where the main office of a college is located; the resolution of the College Council (with regard to a public college) or the Management Board and the Shareholders’ General Council (with regard to private colleges); the draft of the new rules of organization and operation.

The application for the change of a college’s name shall be sent by post or directly to the Ministry of Education and Training. Only 01 set of documents included in that application is required.

3. Appropriate steps in processing an application: Within a period of 30 working days as from the receipt of full documentation in accordance with Clause 2 of this Article, the Ministry of Education and Training is required to assess such application and take a decision on the change of a college’s name. In case the documentation submitted to apply for such name change does not conform to statutory requirements defined in Clause 2 of this Article, the Ministry of Education and Training shall send a written notification to the applicant.

Section 2. ORGANIZATION AND MANAGEMENT OF PUBLIC COLLEGES

Article 9. College council

The council of a public college is established under the provisions of Article 16 of the Law on Higher Education as well as other specific regulations as follows:

1. Duty and authority of the college council

a) Report and explain quality assurance conditions, operating results and fulfillment of commitments and finance of a college on an annual or spontaneous basis to the direct management agency and regulatory bodies;

b) Request competent authorities to approve the plan for supplementing, discharging or replacing members of the college council;

c) Approve regulations on the number of employees, employment structure and work position; recruitment, management, use and development of a college's contract staff;

d) Recommend the qualified staff to take up the position as a college president and vice president, which must conform to the statutory appointment process; assess the work performance of a college president and vice president on an annual basis; request competent authorities to discharge a college president and vice president from the post; when necessary, conduct a mid-term or unplanned poll to measure trust in a college president and vice president;

dd) Request the college president to explain any faulty and erroneous issues in accordance with the resolution of the college council (if any). Where the college council disagrees over the college president's explanation, the direct management agency must be informed.

2. The college council must be joined by the odd number of members and consist of a minimum of 15 out of which 01 chairperson and 01 council secretary are required. The college council must be composed of:

a) A college President, Vice Presidents, Communist Party Committee’s Secretary, Chairperson of Trade Union, Secretary of Communist Youth Union of Ho Chi Minh City;

b) Representatives of lecturers coming from several faculties;

c) Representatives of the direct management agency of the college;

d) Several members who come from outside, are not tenured lecturers or administrative officers, are currently taking part in education, science, technology, production and business activities relating to regulated functions and duties of the college, and are not natural parents, spouses, sons or daughters, brothers, sisters of other college council’s members. The number of outside members is not permitted to make up less than 20% of total council membership;

dd) The number and structure of members, processes and procedures for selection of the college council’s members, election of the President and Secretary of the college council shall be specified in the rules of organization and operation of colleges.

3. The college council's chairperson must be elected amongst the college council’s members by the college council by means of a secret ballot, and must win more than 50% of the ballot of all members that appear in the list of the college council’s members. If such outside member is not an official or a public servant, (s)he shall not be entitled to hold the position as the Chairperson of the college council. The chairperson of the college council shall not be entitled to take up the post as a college president or vice president, and shall be assigned specific duties and vested with specific powers as follows:

a) Convene the meeting of the college council;

b) Make a decision on the conference agenda, and preside over conferences as well as conduct a vote in the conference;

c) Direct the university council to perform tasks or duties stipulated in Article 16 of the Law on Higher Education and Clause 1 of this Article.

4. The secretary of the college council must be recommended and appointed by the chairperson of the college council after winning more than 50% of the ballot from all of members that appear in the list of the college council’s members. If an outside member is not an official or a public servant, (s)he shall not be entitled to hold the position as the secretary of the college council. The secretary of the college council is not be entitled to take up the second post as a college president or vice president, and shall directly assist the chairperson of the university council in exercising his/her powers and performing his/her duties as follows:

a) Gather information on the college’s performance to report to the Chairperson of the college council; prepare the conference agenda, contents, handouts, and send out invitation letters as well as take the minutes of the college council’s meetings; prepare, complete and retain documents of the college council;

b) Prepare reports and explanations within the university council’s duties and functions for submission to regulatory bodies and relevant authorities;

c) Perform other tasks assigned by the Chairperson of the college council.

5. The college council’s members shall be responsible for performing the tasks assigned by the college council as well as other tasks specified under the rules of college organization and operation.

Article 10. Processes for establishing the college council and appointing the Chairperson of the college council; operation of the university council; discharge of the chairperson and other college council’s members

1. Processes for establishing the college council and appointing the Chairperson of the college council

a) If a college has not established its council yet, the establishment of the first-term college council shall be carried out as follows: The university President must preside over the conference attended by the composition of members stipulated at Point a, Clause 2, Article 9 hereof in order to determine total membership of the college council and the number of members coming from each composition of the college council; elect the representatives of lecturers working for different faculties; request the college’s direct management agency to send their delegates to join the college council; compile the list of outside members who are not tenured lecturers or administrative officers of a college; submit the list of the college council’s members to the direct management agency. After a period of 10 working days that begins on the reporting date, unless otherwise advised by the direct management agency, the college president shall be obliged to hold a meeting attended by members specified in the aforesaid list with the intention of electing the chairperson of the college council. After considering the resolution adopted in this meeting, the college president shall send a written request to the direct management agency to expect their grant of the Decision to establish the college council and appoint the chairperson of the college council;

b) If a college has already established its council, the establishment of the next-term college council shall adhere to the process mentioned herein: The incumbent chairperson of the college council must implement regulations set forth at Point a of this Clause in order to establish the next-term college council under the provisions of this Charter and the rules of the college organization and operation;

c) Necessary documentation that a college must file to apply for establishment of the college council and appointment of the college council’s chairperson shall include: The petition for establishment of the college council in which the process of determining the college council’s members must be clarified; the list and curriculum vitaes of the chairperson and members of the college council; the letter of accreditation of the direct management agency’s delegates to the college council; the written approval for joining the college council from the college council’s members who are not tenured lecturers and administrative officers of a college; the meeting minutes, vote count record, ballots in the election of the college council’s chairperson and representatives of faculties.

Such documentation shall be sent by post or directly to the direct management agency. Only 01 set is required;

d) Procedures for finding a replacement for the chairperson and members of the college council: In case the chairperson of the college council voluntarily resigns from the college council or is unable to continue to hold his/her office, or is discharged in accordance with regulations laid down in Clause 3 of this Article, the college president must convene the meeting to elect one of the council members as a new chairperson of the college council and submit the documentation that must be submitted to apply for this replacement to the direct management agency for its decision. Such documentation shall comprise a written explanation for the election of the replacement for a new Chairperson, and supporting documents relating to the incumbent Chairperson, minutes of the college council's meeting, vote count record and votes for this new chairperson.

Where any member of the college council is missed out on account of being discharged from his/her post, dead, retired, or transferred to another work position which is no longer appropriate for him/her to take up the college council’s membership, the chairperson of the college council must decide the replacement for that missed-out member with reference to the composition of different missed-out members in accordance with the process stipulated at Point a of this Clause. Documentation that must be filed to apply for addition and replacement of the college council’s members shall comprise a written statement on such addition and replacement, minutes of the university council's meeting, vote count record, ballots, and other relevant documentary evidences (if any);

Such documentation shall be sent by post or directly to the direct management agency. Only 01 set is required;

dd) Required processes and procedures: Within a period of 30 working days that begins on the date of receiving a full set of documents from the applicant, the head of the direct management agency must take a decision on establishment of the college council and appointment of the college council’s chairperson, or such addition of or replacement for college council's members. In case the college files an application which is composed of insufficient documents or fails to conform to regulations, the direct management agency must send a written response to that college and clearly state the reasons for their refusal to approve such application.

2. Operation of the college council

a) The college council shall convene the periodic meeting that recurs at least once every 6 months and unscheduled meeting whenever more than 30% of total membership of the college council, college president or the chairperson of the college council sends a written request for such meeting.

The meeting of the university council shall be considered legitimate if at least two-thirds of membership agrees to attend. The resolution of the college council shall become valid only if more than 50% of the council members that appear in the list of the college council’s members votes for it. All meetings must have the minutes which shall be sent to the direct management agency within a period of at least 15 working days that begins on the start date of such meetings;

b) The college council is entitled to use the stamp and organization mechanism in order to deal with the college council's works;

c) The chairperson of the college council is entitled to the amount of post allowance equal to the amount paid to a college president; the secretary of the college council is entitled to the amount of post allowance equal to the amount paid to a head of an academic department; the allowance granted to other council members must comply with the rules of college organization and operation and internal financial rules.

The college’s operating expense, post allowances paid to the chairperson, secretary and other members (if any) shall be included in the college’s operating budget;

d) In respect of the delegation of authority to manage the college council, if the chairperson of the college council is, for some reason, unable to work for a period of time stipulated in the rules of college organization and operation, (s)he is obligated to delegate his/her authority in writing to one of the rest members of the college council to act on his/her behalf to perform the assigned duties. The written evidence to show such authorization must be sent to the direct management agency and made known to the public. The valid term of such authorization does not exceed 6 months.

3. The discharge of the chairperson and the college council’s members:

a) The college council’s members shall be discharged from their post if they fall into one of the following cases: They send the letter of resignation from the college council; be incapable of civil acts; be not in a good health condition to take on their assigned duties, or have quit their job for more than 6 months but currently remain incapable of working; be subjected to the execution of the court judgement; receive written requests for this dismissal from more than 50% of total membership; commit any other violation for which the penalty is at the level of discharge as prescribed in the rules of college organization and operation;

b) The college council shall be responsible for considering and resolving to discharge the Chairperson and members, and submitting a written request to the direct management agency for their decision. The documentation shall include the written statement in which the clear explanation for this discharge must be given and other supporting documentary evidences.

Such documentation shall be sent by post or directly to the direct management agency. Only 01 set is required;

c) Within a period of 30 working days that begins on the date of receiving a full set of such documents, the Head of the direct management agency must grant the decision on this discharge; in case of refusal, a written response to the petitioner must be made with a clear explanation for such refusal.

Article 11. College president

The President of a college shall be stipulated in Article 20 of the Law on Higher Education and several specific provisions hereunder:

1. The college president shall be the chief executive of the college’s organization structure and operating mechanism. If (s)he is transferred from other organizations or agencies to take up the position as the president of a college, then this president must be a tenured lecturer or administrative officer of that college.

2. Duties and powers of the college president shall be stipulated in Clause 3 of Article 20 of the Law on Higher Education, and some of other duties and powers shall be specified as follows:

a) Sketch out the strategy and plan to develop training activities and scientific researches of his/her college for submission to the college council for their approval;

b) Introduce regulations on employee quantity, employment structure and position; recruitment, management, utilization and development of the staff of lecturers, administrative officers and employees which shall be submitted to the college council for their approval;

c) Organize the effective recruitment, management and utilization of the staff of lecturers, administrative officers, public servants and other employees in accordance with laws;

d) Assess lecturers, administrative officers, public servants and other employees on an annual basis;

dd) Consider expert advice from the science and training council before deciding issues on which the council are assigned to give their advice. In the event of disagreeing over the advisory contents, the college president shall have the right to make his/her own decision, take sole responsibility for this decision and report to the college council in the latest meeting of the college council;

e) Implement the resolution adopted by the college council; confer with the chairperson of the college council and agree on a solution under the provisions of laws in the event of discovering that this resolution may be in breach of legal regulations, or impact on common activities of the college. In the event of disagreeing over this solution, the college president shall report to the direct management agency.

3. Appointment or discharge of a college president:

a) The appointment of a college president shall be governed by regulations laid down in Article 20 of the Law on Higher Education as well as other applicable laws. The person eligible to be appointed as a college president is not older than 55 and 50 years of age for men and women respectively in the month when the appointment process takes place; in some special cases, under certain circumstances, the Prime Minister must be informed before making an appointment decision;

b) The discharge of a college president from his/her post shall occur in one of the following cases: (s)he sends the letter of resignation; has limited capability to perform civil acts; is not in a good health condition to take on assigned duties, or leaves his/her office to undergo an over-6-month treatment but still remains incapable of working; faces a criminal prosecution; uses fake degrees, diplomas or certificates, or those that are not accredited by competent authorities; receives written requests from more than three-fourths of college council members for this discharge; commit other violation to a degree that (s)he must be discharged against provisions enshrined in the rules of college organization and operation;

c) Required documentation and procedures for appointment or discharge of a college president shall be governed by applicable laws.

Such documentation shall be sent by post or directly to the direct management agency. Only 01 set is required.

Article 12. Vice president

1. Vice president of a college is the person who assists the college president in management and administration of all operating activities of the college. Each college shall have a minimum of 3 vice presidents.

2. The vice president of a college must have good political credentials, personal moral qualities and good health; prove trustworthy and competent in his/her managerial work, and get involved in managerial work at the level of a subject group or equivalent unit or higher level in a college or university for a minimum period of 5 years; must obtain the bachelor’s degree or higher. If a person is transferred from other organizations or agencies to take up the position as the vice president of a college, after being appointed, this vice president must become a tenured lecturer or administrative officer of that college.

3. The college’s vice president shall be directly assigned to take charge of several tasks by the college president; act on behalf of the college president to deal with, be held accountable to the college president and assume legal responsibility for his/her assigned tasks; shall be responsible for reporting to the college president on their work performance.

4. Office term, appointment and discharge of the college’s vice president: Term of the college’s Vice President in office shall be the same as the term of the college president. The vice president may be reappointed. The college’s vice president shall be appointed and discharged in the same manner as the college president under the provisions of Clause 3 Article 11 of this Article.

Article 13. Science and training council

The science and training council of a college shall be established, organized and operated under the provisions of Article 19 of the Law on Higher Education and several specific provisions as follows:

1. The term of the science and training council shall be for 5 years in alignment with the college president’s term of office, and advise the college president on the tasks such as innovating and developing training programs; orientating the development of scientific, technological researches and international cooperation; assessing training programs; considering granting the verification of transfer credits; drawing up the plan for the cooperation with training institutions, scientific research centers, production and trading companies, domestic and foreign organizations or individuals with the aim of carrying out training, scientific and technological operations; selecting the quality assessment organization; deciding on the methods for testing and assessing student's outcomes of learning and extracurricular activities; planning initiatives to improve the training quality and assure the student outflow quality; evaluating lecturer’s performance, the quality of electronic information portal, science and technology magazines or journals (if any), organization and management of training, scientific and technological activities of faculties or departments in the college.

2. The science and training council shall employ the persons who hold the post as a chairperson, secretary and members. An odd number of members shall range from 11 to 25 persons including the college president and vice presidents; Deans or Heads of departments, faculties and functional divisions of the college; representatives of lecturers and those who hold the professor or associate professor title; several representatives of scientists involved in training, scientific research activities of the college, and representatives of those who are not tenured lecturers or administrative officers of the university (when necessary). Provisions concerning the science and training council of the college must be specified in the rules of the college organization and operation.

3. The chairperson of the science and training council must be elected amongst the council members by means of a secret ballot, and must gain more than 50% of the vote from all of members specified in the list of the council members. The chairperson of the college council shall appoint the college council’s secretary amongst the council members.

4. The meeting of the science and training council shall be convened once every academic term by the chairperson. The content of such meeting must be notified to all of the council members at least 03 days prior to the start date of the meeting; the meeting is considered valid if at least two-thirds of membership is present; the conclusion reached in the meeting shall become effective if more than 50% of members that appear in the list approved by the science and training council votes for it. The meeting minutes shall be submitted to the college president within a period of 10 working days as from the starting date of the meeting.

Article 14. Advisory council

The college president shall be able to establish the advisory council in charge of giving advice on several important issues or those relating to the development and implementation of the college’s tasks and functions. The council shall be hired to work on specific cases and shall not be entitled to any salary or wage.

The advisory council is composed of members inside or outside of the college who are operating in the field pertaining to the college’s activities.

Establishment, operation and task of the advisory council must be specified in the rules of the college organization and operation.

Article 15. Faculty

1. The faculty is an academic department of a university, which is assigned the following tasks:

a) Manage lecturers, other employees and students of the faculty in accordance with the authority designated by the college president;

b) Plan and carry out educational and training activities in accordance with the general proposal of the college, including: developing training programs assigned by the college; preparing the syllabus; setting up projects, compiling teaching materials or course books with reference to the college's developmental orientation; studying how to improve the teaching and learning methodology; developing and introducing the method for testing and evaluating the student's outcome of learning and extracurricular activities, ensuring that graduate students will achieve the standard defined in the commitment that the college has announced, meet the demand for the human resource in the labor market. The development of training programs, teaching materials and course books must be governed by regulations laid down by the Ministry of Education and Training;

c) Plan and perform scientific, technological and international cooperation activities; cooperate with scientific and technological organizations, production and trading companies concerning academic industries offered in the training programs, and mobilize enterprises in the training activities of the faculty;

d) Draw up the plan to develop the teaching staff, training sectors and facilities used for supporting training and scientific research activities as well as enhancing necessary conditions for training quality assurance;

dd) Plan and carry out the task of educating lecturers, employees and students on politics, ideology, ethics and lifestyle; draw up the plan to train and hold refresher courses for lecturers and other employees working for a college faculty;

e) Arrange and schedule the evaluation of the performance of administrative officers, lecturers of a faculty, and take part in the assessment of the college’s administrative officers in accordance with the college's regulations.

2. Dean and vice dean

a) Dean must hold the master’s degree or higher in academic disciplines or majors suitable for the faculty’s training sector. Dean shall undertake the faculty’s assigned tasks in accordance with Clause 1 of this Article;

b) Each faculty shall not have more than 02 vice deans who can assist the dean in managing and controlling all of the faculty’s activities.

Vice dean must hold the undergraduate degree or higher while Vice Dean who is in charge of training activities must hold the master’s degree or higher. As regards a faculty that does not undertake the main task of single sector training, the vice dean for training must hold an undergraduate degree or higher.

c) Dean and vice dean must be fully qualified as a lecturer who can teach students at the college level, have relevant experience of lecturing, scientific research and prove their managerial competence. If a person is transferred from other organizations or agencies to take up the position as the dean or vice dean of a faculty, after being appointed, this dean or vice dean must become a tenured lecturer of the college. Dean shall hold his office during the term of 5 years and can be re-appointed for less than two consecutive terms. The dean’s term in office can be aligned with the college president’s term in office, and must be specified in the rules of college organization and operation. The vice dean’s term in office shall be aligned with the dean’s term in office and can be renewed. The age at which the dean and vice dean hold their office for the first term is not over 55 for male and 50 for female by the month when the appointment occurs.

The process for recommending, appointing and discharging the dean and vice dean shall be specified in the rules of college organization and operation.

3. Faculty council

a) The faculty council shall be established to advise the dean on the implementation of the faculty’s tasks stipulated in Clause 1 of this Article; or on the reform of administrative, training, scientific research and technology transfer methods of the faculty. The faculty council shall be chaired by the chairperson and joined by members designated by the college president at the request of the dean; there must be an odd number of members and a minimum of 7 members, including the dean, vice deans, leaders of subject groups, several lecturers of the faculty and several members outside of the faculty or college who have reached academic levels and gained experience concerning the development of professional activities of the faculty (when necessary);

b) The chairperson of the faculty council must be elected amongst members of this faculty council by means of a secret ballot, and must gain more than 50% of the vote from all of members specified in the list approved by the faculty council;

c) The meeting of the faculty council shall be convened once every academic term by the Chairperson. The content of the college council’s meeting shall be notified to all of the council members at least 3 days prior to the start date of the meeting. The meeting of the faculty council shall be considered legitimate if at least two-thirds of membership agrees to attend. The conclusion of the college council’s meeting shall become effective on condition that more than 50% of the council members that appear in the list of the faculty council’s members votes for it. The meeting minutes must be enclosed with equivalent recommendations of the dean before being submitted to the college president for his/her decision on issues concerning the personnel structure, training operations, scientific and technological activities of the faculty;

d) The number of members, procedure for selecting council members, organizing and operating the faculty must be specified in the rules of college organization and operation.

Article 16. Academic department

1. The academic department is an academic affiliate of a faculty or a college. Regulations on organization and operation of an academic department shall be enshrined in the rules of college organization and operation.

2. An academic department shall be assigned the following tasks:

a) Assume responsibility for the teaching program, quality and progress of subjects defined in a training program, and general teaching plan developed by a college or a faculty;

b) Design and improve the content of learning subjects; write and compile course books, teaching materials, and outline reference materials which are appropriate for the content of subjects assigned by the dean or president;

c) Conduct researches with the aim of reforming teaching methods; examine and evaluate the learning process and outcome of a student in accordance with the college regulations;

d) Conduct scientific researches, enhance technological development, and render science and technology services according to the plan of a college and a faculty;

dd) Draw up the plan to make an increase in the staff of lecturers of a subject group; get involved in the task of training and educating the teaching staff within the professional sector of an academic department;

e) Assess managerial work, educational operations, science and technology activities of an individual, academic subject group or department, faculty and the college at the request of the college council, president and dean.

3. The leader of an academic subject group or department must be fully qualified as a lecturer who can teach students at the college level, have relevant experience of lecturing, scientific research, and prove their managerial competence, and hold the master’s degree or higher. If a person is transferred from other organization or agency to take up the position as the leader of an academic subject group or department, after being appointed, this leader must become a tenured lecturer of the college.

The leader of an academic subject group or department shall hold the office for the term of 5 years and can be re-appointed. This leader’s term in office can be aligned with the dean’s term in office and must be specifically enshrined in the rules of college organization and operation. The age to be appointed as the leader of an academic subject group and department must be proper so that (s)he is able to fulfill his/her assigned tasks for at least half of his/her term in office. The recommendation, appointment and discharge process of a leader of an academic subject group or department shall be specifically enshrined in the rules of college organization and operation. The leader of an academic subject group or department shall undertake their assigned tasks in accordance with Clause 2 of this Article.

4. The deputy leader of an academic subject group or department must hold the undergraduate degree or higher. Other regulations that govern the deputy leader of an academic subject group or department shall be the same as those that govern the leader of an academic subject group or department, and shall be specifically set forth in the rules of college organization and operation.

5. The academic subject group or department shall be able to establish the advisory council at the request of the dean and under the decision of the president in order to give advice to the leader of an academic subject group or department when necessary. The advisory council can be joined by members outside of that academic subject group or department, faculty or college (when necessary), and shall work case by case and receive no salary or wage. Establishment, organization and operation of the advisory council must be specified in the rules of the college organization and operation.

6. An academic department affiliated to a college shall be organized and operated under the same provisions as those applied to an academic subject group affiliated to a faculty, and shall have several duties or functions the same as the duties or functions of the faculty in accordance with regulations laid down in Article 15 hereof. Specific regulations on organization and operation of an academic department affiliated to a college shall be enshrined in the rules of college organization and operation.

Article 17. Functional division

1. Functional divisions shall be assigned to advise and assist the college president in managing, collecting and proposing opinions, and implement tasks within their functions or duties by the college president.

2. The Head of a functional division must hold the undergraduate degree or higher. In particular, the head of the training division, or the head of the unit or subdivision for science and technology administration must hold a master's degree or higher and have at least 5 years’ experience of teaching the college or university program students; the head of the unit or subdivision for international relation or staff management must have at least 5 years' experience of teaching the college or university program students.

3. The vice head of these functional divisions shall assist the head in managing and administrating each division's activities in accordance within the assigned functions or duties. The vice head of a functional division must hold the undergraduate degree or higher. Each functional office of a college must employ fewer than 02 vice heads, depending on its assigned functions and duties as well as the training capability of that college, which is specifically enshrined in the rule of college organization and operation.

4. The head and vice head of a functional division shall hold their office for the term of 5 years and can be re-appointed. The age at which the Head and Vice Dean hold their office for the first term is not more than 55 for male and 50 for female by the month when the appointment occurs. If a person is transferred from other organization or agency to take up the position as the head or vice head of a functional division, after being appointed, this head or vice head must be a tenured lecturer or administrative officer of the college.

Article 18. Library, electronic information portal, magazine

1. Library, information and resource center of a university shall be tasked with the provision of scientific and technological information and resources which serve teaching, research and learning purposes for lecturers and students; retention or storage of the results of scientific researches and the college’s publications. Library, information and resource center shall operate under the statutes introduced by the college president, and conform to the law on archives as well as other legal regulations.

2. Electronic information portal shall be assigned the task of posting information pertaining to the university's activities and ensure a required amount of information stipulated by the Ministry of Education and Training. Electronic information portal must assign an editorial board to assume its responsibility for information quality and system administration, and operates and provides information in conformity with legal regulations on information technology, internet-based information management and other relevant laws.

3. Science and technology magazine or journal of a college shall publish research projects in order to serve the training and scientific research purposes in that college and must organize an editorial and administrative board. Science and technology magazine or journal shall be published in the form of a print or electronic version in accordance with applicable laws on publication. The head of the editorial board must assume responsibility for scientific information and quality of such magazine or journal.

Article 19. Research and development organization, administrative unit, production, trading and service establishment

1. Research and development organization, administrative unit, production, trading and service establishment in the college shall be established and operated under the provisions of laws with the aim of supporting training, scientific research and technological development, and international relation activities in relation to the training sector of the college; divided into affiliates of the college in the manners hereunder, and shall be assigned the following tasks:

a) Research and development organizations shall be organized in the form of a center in order to perform science and technology tasks as well as apply scientific and technological advances to enhance the training quality, and shall serve the purpose of socio-economic growth, public security and national defence;

b) Administrative units shall be organized in the form of centers, print factories, publishing houses and some of other units which serve the purpose of performing activities that may entail intellectual property issues; get involved in organizing refresher courses or intensive training classes to improve knowledge for any individuals inside or outside of the college; promote the international cooperation, keep close contact with enterprises and alumni; provide printing and publishing services;

c) Trading and service establishments shall be organized in the form of service enterprises or centers in order to provide information and consultancy services; disseminate and apply scientific and technological knowledge to the manufacturing practice; community aid service and to meet the social demand;

d) Those stipulated by this Clause shall not function as an organization to offer training or joint training program in order to confer diplomas or degrees.

2. The establishment, dissolution, organization and operation of these units or establishments stipulated by this Article shall be governed by applicable laws and must be specifically enshrined in the rules of college organization and operation.

Section 3. ORGANIZATION AND MANAGEMENT OF PRIVATE COLLEGES

Article 20. Shareholders' General Council

1. The shareholders’ general council is composed of members who put their investments in private colleges. In case a college has only one shareholder, the shareholders’ general council is not needed.

2. The shareholders’ general council shall have the following powers and duties as follows:

a) Elect shareholders to the management board; elect or discharge members of the control board of the college; deal with any request for any supplementation and change to members of the management board who are a shareholder’s representatives; request the management to refuse to accept a shareholder’s representative into the management board;

b) Approve strategies and plans for infrastructural investment and development for the college developed by the management board;

c) Approve annual financial statements of the college, and relevant financial provisions enshrined in the rules of college organization and operation;

d) Approve internal financial rules of the college;

dd) Approve the resolution to make an increase or reduction in the charter capital, and plans for capital mobilization in any form;

e) Exercise other powers and perform other duties in accordance with the rules of college organization and operation.

3. The shareholders' general council shall convene the annual or unscheduled meeting. All of the costs incurred from such convening and meeting organization shall be funded by the operating expenditures of the college.

The annual meeting of the shareholders’ general council must become an obligatory event that must be held once a year within a period of first 4 months of a fiscal year. The unscheduled meeting of the shareholders’ general council shall be convened in the following cases:

a) It is held under the decision made by the chairperson of the management board, or at least two-thirds of membership of the management board sends their request for organization of the meeting;

b) There is a need of the management board to find additional shareholder or replace any shareholder;

c) Any individual or group of shareholding members that takes possession of more than 30% of total share must file a petition for organization of this meeting whenever the management board commits any serious violation against shareholder's legal rights, makes a decision beyond their delegated authority, or infringes upon the rules of college organization and operation, and internal financial rules of the college;

d) If the 6-month term of the management board has expired, there is no meeting about the election of new management board;

dd) Other cases stipulated in the rules of college organization and operation.

4. Necessary conditions for the meeting of the shareholders’ general council

a) The meeting of the shareholders’ general council is considered legitimate if total shareholding membership accounting for at least 65% of total share is present at such meeting;

b) When the meeting is aimed at dealing with the same work content due to the first meeting's failure to comply with the regulations laid down at Point a of this Clause, then within a period of 30 days since the first meeting, the Shareholders’ General Council is permitted to convene the second meeting which is considered legitimate on condition that at least 51% of total shareholding members is present at the meeting; in case the second meeting of the Shareholders' General Council continues to be illegitimate, after 20 days from the second meeting, the Shareholders' General Council shall be permitted to hold the meeting without reliance on the number and proportion of shares of shareholding members present at the meeting;

c) The meeting of the Shareholders’ General Council (on an annual and unscheduled basis) shall be convened by sending the written call; the written call for such meeting must enclose proposed meeting agenda content and other related materials, and must be sent to all of the shareholding members via registered or express mails, and must be verified by the recipient's signatures within a period of at least 7 days before the meeting;

d) All of the annual or unscheduled meetings must be convened by the chairperson of the shareholders’ general council; where the chairperson of the management board fails to convene the meeting as planned or in compliance with the petition stipulated in Clause 3 of this Article, after 30 days from the proposed start date of the meeting or after 60 days of receipt of the petition for the unscheduled meeting, shareholding members who have filed their petition for organization of the meeting as prescribed in at Point c Clause 3 of this Article shall be entitled to designate a member of the management board or the control board to convene the meeting of the shareholders’ general council, and the meeting so convened shall be considered legitimate.

5. All of the meeting contents must be entirely recorded into the meeting minutes and approved at the meeting after bearing the signature of the meeting chairperson and secretary for the archiving purpose. Decision of the shareholders’ general council in such meeting must be passed in the form of voting or secret ballot, which shall be then sent to each shareholding member, member of the management board and the control board within a period of 15 days as from the date when such decision is approved.

6. Decision that has been approved by the shareholders’ general council in its meeting shall become effective if this receives consent from total shareholding members whose shares account for at least 65% of total shares of members present at the meeting, unless otherwise stipulated by further provisions enshrined in laws, this charter, or the rules of college organization and operation. The election of a shareholder's representative to joint the management board and the control board must be held according to the cumulative voting method by which each shareholding member is entitled to the vote per his/her share multiplied by the number of members elected to the management board or the control board, and shareholding members are vested with the right to cast all of their votes for one candidate or several candidates.

7. Within a period of 90 days since the date when the aforementioned decision has been approved, members of the management board and the control board have the right to request competent regulatory agencies to consider withholding the decision of the shareholders' general council in its meeting in the following cases: this meeting has been convened without compliance with provisions enshrined in this Article, or any decision infringes upon laws or has violated against the rules of college organization and operation.

Article 21. Management board

The management board of a private college is established under the provisions of Article 17 of the Law on Higher Education as well as other specific regulations as follows:

1. Tasks and powers of the college president are stipulated in Clause 2, Article 17 of the Law on Higher Education, and several tasks are specified as follows:

a) Prepare proposed agenda and materials for the meeting of the shareholders’ general council; convene the annual or unscheduled meeting of the shareholders’ general council in accordance with regulations laid down in Article 20 hereof;

b) Approve regulations on the number of employees, employment structure and work position; recruitment, management, utilization and development of a college's contract staff;

c) Formulate and submit infrastructural investment strategy, developmental plan and internal financial rules of the college to the shareholders’ general council for their approval;

d) Approve strategies and plans for training development and scientific research proposed by the college president;

dd) Resolve to set, amend and supplement the rules of college organization and operation; adopt contents included in the rules of college organization and operation under which the shareholders' general council and the science and training board have respectively approved regulations pertaining to finance, enrollment, training, scientific research and international cooperation;

e) Request competent regulatory authorities not to recognize or substitute the member of the management board; hold an election to choose the college president and request competent regulatory agencies to grant the recognition decision in accordance with legal regulations; make a decision to appoint or discharge vice presidents with reference to the request made by the college president;

g) Draw up the annual report on operating activities and financial statements of the college for submission to the shareholders' general council to call for their consideration and approval;

h) Send an annual or unscheduled report to the regulatory bodies, and give clear explanations for the college’s operating activities and fulfillment of commitments between the college and related parties.

2. The management board is composed of the odd number of members and has a minimum of 7 members. The number and composition of membership of the management board, and the college’s election of representatives of shareholding members, tenured lecturers and other regulations on operation of the management board must be specified in the rules of college organization and operation.

3. The chairperson of the management board must be elected amongst members of the management board by means of a secret ballot, and must gain more than 50% of the vote from all of members specified in the list approved by the management board. The chairperson of the management board shall have the following powers and duties as follows:

a) Act as the banking account holder of the college;

b) Design the program and plan for operations of the management board; prepare agenda, contents and materials for the meeting of the management board; convene and preside over such meeting; hold a vote on and held accountable for resolutions proposed by the management board; supervise the process for implementing these resolutions; preside over the meeting of the shareholders' general council;

c) Direct the management board to fulfill their tasks stipulated in Clause 1 of this Article;

d) Send a written request with his/her signature appended hereto to competent authorities to make their decision to recognize the college president;

dd) Assume other duties and powers stipulated in the rules of college organization and operation.

4. Members of the management board shall be responsible for performing the tasks assigned by the board, and be entitled to proper allowance under the rules of college organization and operation.

Article 22. Processes for establishing and recognizing the management board; operating activities of the management board; refusal to recognize the chairperson and members of the management board

1. Procedures for establishing and recognizing the college’s management board

a) In respect of a new private college: After receiving the decision on establishment of a new private college, the representative who sign a petition for establishment of that college must convene and chair the meeting attended by founding and shareholding members in order to determine total membership and the number of members coming from different composition of the management board; request competent authorities of a place where the main office of the college is located to delegate a person to become a member of the management board; request Communist Party associations or unions in the college to delegate their persons to become members of the college’s management board; hold an election in which shareholding members and lecturers shall vote for their representatives eligible for joining the management board; report the list of the management board’s members to competent authorities.

After a period of 10 working days from the reporting date, unless otherwise advised by competent authorities, the petitioner shall convene the meeting of members defined in this list to elect the chairperson of the management board; sign the petition for submission to competent authorities for the grant of decision to recognize the management board, chairperson and the board members;

b) With regard to a private college transformed from a community-owned college: After receiving the decision on this transformation, the chairperson of the management board of that community-owned college must convene the meeting in order to determine total membership and the number of members coming from each composition of that private college's management board; implement the rest of regulations laid down at Point a of this Clause so as to establish the private college’s management board;

c) With regard to a private college that has already established the management board, pursuant to the regulations enshrined in Clause 2 Article 21 hereof, the incumbent chairperson of the management board shall follow the process for establishing the Management Board for the successive term as prescribed at Point a of this Clause.

d) Documentation submitted to apply for the recognition of the management board, its chairperson and members, including a written request for recognition of the management board in which the processes for determining its membership must be clearly stated; the list of the chairperson and the board’s members; curriculum vitaes of the board’s members; letter of accreditation of a person, working for the People’s Committee of the province where the college’s main office is located, to become a member of the management board; the meeting minutes, vote counting record, ballots for the board’s chairperson, representatives of shareholding organizations or individuals and tenured lecturers.

Such documentation shall be sent by post or directly to the competent authority of the place where the college’s main office is located. Only 01 set of documents is required;

dd) Where election of the board’s chairperson has not been conducted yet, or the board’s chairperson is incapable of continuing to hold his/her post, or is the one subjected to the request for refusal to grant recognition in accordance with Clause 3 of this Article, the private college shall designate one of the board's members as the acting chairperson of the management board; election and recognition of the board’s acting chairperson shall be carried out in the same manner as these of the board’s official chairperson, and the decision on recognition of the acting chairperson shall be valid within a period of 6 months as from the issuing date;

e) Where any member of the management board is absent on account of being subjected to refusal to grant recognition or being transferred to another work position which is no longer appropriate for their membership, the chairperson of the management board shall consider which composition absent members belong to with the aim of following the process for finding replacements in accordance with regulations laid down at Point a of this Clause, and shall send a written request for recognition of supplementary and replacement members present in the management board to the competent authority of the place where the college’s main office is located. Documentation that must be filed shall include a written explanation for such supplementation and replacement, minutes of the college council's meeting, vote count record, ballots and other relevant documentary evidences (if any). The college president shall be certainly recognized as the supplementary member of the management board after receiving the competent authority's recognition.

Such documentation shall be sent by post or directly to the competent authority of the place where the college’s main office is located. Only 01 set of documents is required;

g) Within a period of 30 working days of receipt of all required documents from the college, the head of the competent authority of the place where the college’s main office is located must make a decision on recognition of the management board, its chairperson and members. In case of refusal, a written response must be sent, enclosing clear reasons for such refusal.

2. Operation of the management board

a) The management board shall convene its meeting every three months. The unscheduled meeting shall be decided by the chairperson of the management board but must receive the consent from at least one-third of the board’s membership. The call for the management board’s meetings must be enclosed with the meeting agenda and materials, and must be sent to the board’s members by registered or express mails to which the recipients must append their signature for a period of at least 05 days prior to the start date of the meeting;

b) The management board’s meetings shall be considered valid if at least 75% of membership agrees to attend. The resolution of the management board shall be approved in the form of on-the-spot voting and stick to the following principle: Each of the management board’s members shall keep a vote; the meeting resolution shall become effective if more than 50% of the management board's membership vote for it, and shall be sent to the board’s members within a period of 10 days from the date on which that resolution is approved;

c) Within a period of 90 days from the date when the resolution is approved by the management board, any shareholding member or member of the management board and control board shall have the right to request competent agencies of the place where the college's main office is located to consider withholding such resolution in the following cases: Such meeting has been convened without compliance with provisions enshrined at Point a and b of this Clause or any content of the resolution has infringed upon laws or the rules of college organization and operation;

d) The management board’s chairperson shall be vested with the power to use the organization mechanism and the college’s stamp to serve his/her operating activities within assigned duties and delegated powers as well as append his/her signature to documents, resolution and decision of the management board;

dd) In case the management board’s chairperson is absent within a period of time stipulated in the rules of college organization and operation, one of the remaining members of the management board shall be authorized to take up his/her post as the management board’s chairperson during his/her absence. This authorization must be documented, made known to the public and sent to the competent authority of the place where the college’s main office is located. The valid term of such authorization does not exceed 6 months.

3. Refusal to grant recognition of the chairperson and members of the management board

a) Refusal to grant recognition of the chairperson and members of the management board shall take place in the following cases: These persons submit personal petitions for resignation from the management board; have limited capability to perform civil acts or become incapable of fulfilling their assigned tasks by reason of illnesses and accidents but is not fully restored to the normal working condition though they have quit their job to undergo a 6-month treatment; gain more than 50% of the board’s membership granting their written consents to this refusal;

b) The management board shall consider and resolve on the grant of recognition of the board’s chairperson and members, and file a written request to the competent authority of the place where the college’s main office is located for their decision, including a written explanation for the refusal to grant recognition to refused cases and any evidence to show the reasons for this refusal;

c) Within a period of 30 working days of receipt of all required documents, the head of the competent authority of the place where the college’s main office is located must make a decision on recognition of the chairperson and members of the management board. In case of refusal, a written response must be sent, enclosing clear reasons for such refusal.

Article 23. Shareholding members

1. Shareholding members are organizations and individuals who make their investment in the development of a private college.

2. Shareholding members shall be vested with the following rights:

a) Attend and deliver their speech at the meeting of the shareholders' general council, and exercise their right to vote in a direct manner or through their legal representative in proportion to their contributed capital;

b) Receive annual dividends in proportion to their contributed capital in the charter capital of the college at the rate stipulated in the annual financial statement of the college;

c) Be given priority to make their capital contribution whenever the college needs an increase in its charter capital; repurchase the assigned capital equal to the percentage of their contributed capital;

d) Take priority to be offered proper jobs or managerial positions which match their capability in accordance with laws and regulations of the college;

dd) Exercise their discretion in transferring or disposing of, bequeathing, assigning or donating their contributed capital in accordance with laws and the rules of college organization and operation; when they has died or has been legally declared dead by the court, his/her heir shall act as the shareholding member of the college;

e) Be provided with annual financial statements of the college; have the right to request the chairperson of the management board to provide full and correct information about the performance and operating results of the college; in particular, a shareholder or a group of shareholders who takes possession of more than 10% of total contributed capital shall be eligible to access to and copy the minute book and resolution approved in the meeting of the management board, financial statements, reports made by the control board and other materials of the college as stipulated by the rules of college organization and operation;

g) Be entitled to receive a portion of the remaining assets of the college out of the distributable ones under joint ownership, equal to the percentage of their contributed capital included in the charter capital of the college after the college is dissolved;

h) Exercise other rights in accordance with legal regulations and the rules of college organization and operation.

3. Shareholding members must take on the following obligations:

a) Pay a full amount of the contributed capital as agreed upon in commitments within a period of 90 days as from the date when the intention to establish the college has been approved; be held liable, within the amount of their contributed capital, for debts and other financial obligations of the college;

b) Comply with all of the rules and regulations governing the college’s internal management;

c) Observe resolutions and decisions of the shareholders' general council and the management board;

d) Fulfill other obligations in accordance with legal regulations and the rules of college organization and operation.

Article 24. Control board

1. The Control Board of a private college shall be composed of representatives of shareholding members that conform to regulations laid down in the rules of college organization and operation and shall be joined from 3 to 5 members out of which at least one member must have expertise in accounting. The head of the control board shall be directly elected by the shareholdings’ general council.

The control board shall be held accountable to the shareholders' general council for its performance of tasks in accordance with legal regulations, and shall assume responsibility for sending reports and undertaking their own activities.

2. The control board’s members must be Vietnamese nationals; must not be members of the management board, president or chief accountant (or chief financial officer), and fathers, mothers, wives or husbands, natural sons or daughters, or siblings of the management board’s members, president or chief accountant (or chief financial officer) of the college.

3. The control board’s term of office shall be aligned with the management board's term of office.

4. The control board shall assume the following powers and duties as follows:

a) Supervise, verify the appropriacy and legality of the managerial and administrative tasks of the management board, president, vice president and other divisions of the college;

b) Check the rationality and legality of the college’s accounting records;

c) Appraise the annual financial statement of the college;

d) Send an annual or on-demand report to the management board on their operating outcome and contents of reports, conclusions and recommendations of the control board before officially asking for the official approval from the shareholders' general council;

dd) Report the result of supervisory actions in the meeting of the shareholders' general council; advise the management board or shareholders' general council on measures to be taken to modify, adjust or reform the organization structure for the purpose of managing and operating the college’s activities;

e) Have the right to advise the competent authority on issues concerning the organization and operation of the college; exercise the right to request the management board or its members, president and other administrative officers to provide sufficient, accurate and timely information and relevant materials in the course of performing their assigned tasks;

g) Be entitled to receive materials prepared for the management board’s meeting, reports submitted by the college president to the management board or other necessary materials released by the college at the same period of time and in the same manner as the management board’s members do;

h) Grant the control board’s members the right to get access to the college’s documents and materials; visit workplaces of the college's employees to practice their controlling rights and duties as planned;

i) Have the right to use independent consultancy services in order to perform their assigned tasks;

k) In the course of performing their tasks, all of the Control Board’s activities shall not be allowed to cause any hindrance or interference into any continuing activities of the management board and the college;

l) Assume other duties and powers in accordance with the rules of college organization and operation.

Article 25. Private college president

1. Private college president must meet the accepted standards specified in Article 20 of the Law on Higher Education. If a person who is not a tenured lecturer or administrative officer of that private college is invited to take up the post as the private college president, after receiving the recognition decision from the head of the competent authority of the place where this college’s main office is located, (s)he is required to become a tenured lecturer or administrative officer.

2. Duties and powers of the private college president are stipulated in Clause 3, Article 20 of the Law on Higher Education and several of them are specified as follows:

a) Draw up the strategy and plan for training development and scientific research of the college for submission to the management board for approval;

b) Issue regulations on employee quantity, employment structure and work position; recruitment, management, utilization and development of the staff of lecturers, administrative officers and employees which shall be submitted to the management board for their approval;

c) Recruit lecturers, administrative officers and other employees; make a decision to accept, designate, change, and promote professional titles for employees in accordance with legal regulations; make a decision on recruitment, retirement, firing, work transfer, conclusion of employment contracts, implementation of employee benefit policies within his/her administrative authority in accordance with laws and rules of college organization and operation;

d) Annually assess lecturers, administrative officers and other employees of the college;

dd) Consider expert advice from the science and training council before deciding issues on which the council are assigned to give their advice. In the event of disagreeing over the advisory contents, the college president shall have the right to make his/her own decision, take sole responsibility for this decision and report to the management board in its latest meeting.

e) Implement the resolution issued by the management board; confer with the chairperson of the management board and agree on any solution under the provisions of laws in the event of discovering that this resolution may be in breach of legal regulations, or impact on common activities of the college. In the event of disagreeing over this solution, the college president shall implement the management board’s resolution but have to report to the head of the competent authority of the place where the college’s main office is located.

3. Private college president election, recognition and refusal to grant recognition

a) Private college president shall be elected according to the principle of secret ballot and must gain more than 50% of the vote from membership of the management board; receive the recognition decision from the head of the competent authority of the place where this college’s main office is located; serve his/her term in office the same as the management board’s term in office, and can be reelected and re-recognized in accordance with the rules of college organization and operation. To be eligible to take up the post as the president of a private college, his/her age is not over 75 for male and 70 for female.

A set of documents submitted to apply for the recognition of the private college president shall include a written request of the management board for the recognition of the college president in which the election process must be clearly stated; curriculum vitaes, scientific profile and copies of the master’s or doctorate degree (if conferred by foreign educational institutions, it must be accredited by the Ministry of Education and Training) of the person who has been recommended for the post as the private college president; meeting minutes and resolution of the management board.

b) Refusal to grant recognition to the private college president shall be carried out under the same circumstances as the discharge of the public college president stipulated in Clause 3 Article 11 hereof. The management board shall consider and revolve on the grant of recognition, and file a written request for refusal to grant recognition to the private college president to the competent authority of the place where that college’s head office is located, including a written explanation for this refusal and any supporting evidence for these reasons.

The documentation that must be submitted to apply for such recognition or to request refusal to grant the recognition shall be sent by post or directly to the competent authority of the place where that college’s head office is located. Only 01 set of documents is required;

d) Within a period of 30 working days of receipt of all required documents from the college, the head of the competent authority of the place where the college’s main office is located must make a decision on recognition or refusal to grant recognition of the college president. In case of refusal, a written response must be sent, enclosing clear reasons for such refusal.

Article 26. Vice president of the private college

1. Vice President of a private college must meet the regulatory standards defined in Clause 2 Article 12 hereof. The number of vice presidents of a private college shall be enshrined in specific provisions set out in the rules of college organization and operation. If the college president requests a person who is not a tenured lecturer or administrative officer of that college to take up the post as the vice president, after receiving the appointment decision from the management board, (s)he must become a tenured lecturer or administrative officer.

2. Appointment or discharge of the vice president:

a) To be eligible to take up the post as the vice president of a private college, his/her age is not over 75 for male and 70 years for female;

b) The chairperson of the management board shall make a decision to appoint or discharge a vice president from his/her post with reference to the request of the president and on condition that (s)he gains more than 50% of the management board’s membership voting for this decision.

3. Other related contents shall comply with regulations laid down in Article 12 hereof.

Article 27. Divisions of a private college

Regulations on divisions of a private college shall be applied in the same manner as those on divisions of a public college as stipulated in Article 13, 14, 15, 16, 17, 18 and 19 hereof. To be eligible to take up their post, dean, vice dean, head or vice head of a division, head or vice head of an academic subject group or department in a private college is not over 75 years old for male and 70 for female.

Section 4. ORGANIZATION AND MANAGEMENT OF NON-PROFIT PRIVATE COLLEGES

Article 28. Non-profit private college

1. The non-profit private college must adhere to specific provisions laid down in this Section, general provisions hereof applied to private colleges and other relevant laws.

2. The non-profit private college shall not set up a shareholders' general council.

3. Non-profit private colleges and non-profit foreign-invested colleges shall enjoy incentive policies on their training, scientific research and development of the teaching staff; be entitled to tax incentive, reduction and exemption in accordance with the tax legislation; be given priority to receive an assigned or leased land, get access to investment projects, carry out the order placement to fulfill their task of training, scientific research, technology transfer in terms of the college’s core sectors.

Article 29. Management board of non-profit private colleges

1. The management board of a non-profit private college is an organization that manages or represents joint ownership of the college community, as well as the most powerful organ of a college.

2. Duties and powers of the management board of the non-profit private college comply with regulations laid down in Article 17 of the Law on Higher Education, and several of them are specified as follows:

a) Approve internal financial rules, other statutes and regulations of the college, including those on norms and selection of members of the management board, the control board, college president or vice presidents, all of which must correspond to the general provisions enshrined in laws;

b) Approve annual performance report and financial statements of the college;

c) Convene the annual general meeting of the college; facilitate the fulfillment of tasks through such meeting under the provisions of Clause 2 Article 33 hereof; approve the meeting agenda, handouts or materials used for such general meeting; provide reports on the performance of the college;

d) Fulfill other tasks and duties stipulated in Article 21 hereof.

3. The management board of the non-profit private college is composed of an odd number of members but restricted to a minimum of 15 members. Composition of the management board shall be governed by regulations laid down in Clause 3 Article 17 of the Law on Higher Education while the acceptance of other members in the college’s management board must adhere to the rules of college organization and operation in which shareholding members must account for less than 20% of membership of the management board.

The membership of the management board, determination of representatives of shareholding members, tenured lecturers and other specific provisions on the operating activities of the management board must be enshrined in the rules of organization and operation of a non-profit private college.

4. The chairperson of the management board and members must be governed by regulations laid down in Clause 3, Clause 4 Article 21 hereof. The chairperson of the management board must preside over the general meeting.

Article 30. Procedure for establishment and recognition of the management board; operating activities of the Management Board; refusal to recognize the chairperson and members of the management board of a non-profit private college

1. Procedure for establishment or recognition of the management board of a non-profit private college

a) With regard to a new private college, after receiving the decision to establish the non-profit private college, the person who sign the petition for such establishment must refer to the regulations laid down in Article 22, 29 hereof to establish that college’s management board;

b) With regard to a private college transformed into a non-profit private college, after receiving the written recognition of the non-profit private college, the incumbent chairperson of the management board shall refer to the regulations laid down in Clause 1 Article 22, Clause 3 Article 29 hereof to establish that college’s management board;

c) Other relevant procedures shall be governed by regulations laid down in Article 22 hereof.

2. Operation of the management board and refusal to recognize the chairperson and members of the management board in a non-profit private college shall conform to the regulations laid down in Article 22 hereof.

Article 31. Control board of a non-profit private college

1. The control board of a non-profit private college shall be composed of representatives of shareholding members, employees of that college, and shall be elected in the general meeting and shall be joined from 3 to 5 members out of which at least one member must have expertise in accounting practice. The number of representatives of shareholding members shall not be permitted to exceed 40% of total membership of the control board. The head of the control board shall be directly elected in the board’s general meeting.

The control board shall be held accountable to the general meeting for its task performance in accordance with legal regulations, shall assume responsibility for reporting and undertaking their own activities.

2. Membership and term of the control board shall conform to the regulations laid down in Article 24 hereof.

3. The control board shall assume the following powers and duties as follows:

a) Send an annual or on-demand reports on their operating outcome and contents of reports, conclusions and recommendations of the control board to the management board before having them disclosed in the general meeting of the college;

b) Report the result of supervisory actions in the general meeting; advise the management board on measures to be taken to modify, adjust or reform the organization structure for the purpose of management and administration of the college’s activities;

c) Fulfill other tasks and duties stipulated in Article 24 hereof.

Article 32. Shareholding members who invest their capital in the development of a non-profit private college

1. Shareholding members shall be vested with the following rights:

a) Attend and deliver their speech in the college’s general meeting, and exercise their right to vote in a direct manner or through their authorized representatives;

b) Receive annual dividends on their portion of contributed capital at the agreed rate (if any) specified in the rules of college organization and operation which is not allowed to exceed the interest rate imposed on government bonds at the same reporting period;

c) Exercise other rights stipulated at Point dd, h Clause 2 Article 23 hereof.

3. Shareholding members must take on the following obligations:

a) Pay a full amount of contributed capital as agreed upon in commitments within a period of 90 from the date on which the intention to establish that college is approved;

b) Comply with resolutions and decisions of the management board;

c) Fulfill other duties in accordance with laws, the rules of college organization and operation.

Article 33. General meeting of a non-profit private college

1. The college's general meeting must be attended by the followings:

a) Shareholding members;

b) Members of the management board and control board;

c) Administrative officers and lecturers of the college. In case the total number of administrative officers and lecturers of the college exceeds more than 300 participants, the number of delegates participating in the general meeting is not permitted to account for less than 75% of total administrative officers and lecturers of the college.

2. The college’s general meeting shall assume the following powers and duties as follows:

a) Elect or discharge the head and members of the control board;

b) Give advisory opinions on the strategy for training, scientific research and infrastructural development of the college proposed by the management board, and the rules of college organization and operation, as well as internal financial rules of the college;

c) Assume other duties and powers in accordance with the rules of college organization and operation.

3. The annual general meeting shall be scheduled within a period of first 4 months of a fiscal year; all of the costs incurred from the convening and organization of such meeting shall be funded by the operating expenditures of the college.

4. Necessary conditions for the college’s general meeting

a) The college’s general meeting is considered legitimate if at least 65% of membership is present at the meeting;

b) The general meeting shall be convened by sending the written call; the written call for such meeting must enclose the proposed meeting agenda and other related materials, and must be sent to all of the shareholding members, the management board’s members and other relevant divisions of the college;

5. Contents of the general meeting must be fully recorded in the minutes and approved immediately after the meeting, bearing the signature of the chair and secretary of the meeting to serve the archiving purpose. Resolution agreed by the general meeting must be passed by means of voting or secret ballot which shall be then sent to relevant divisions, shareholding members, members of the management board and the control board within a period of 15 days as from the date when such resolution is passed.

6. Resolution passed by the general meeting shall become effective if it is agreed by at least 65% of participants; participants shall have the same voting right.

7. The election of representatives of administrative officers and lecturers as delegates to attend the college’s general meeting, and other specific provisions pertaining to the general meeting must be enshrined in the rules of college organization and operation.

Article 34. Application and procedure for the recognition of a non-profit private college

1. As regards the establishment of a new non-profit private college, in addition to the documents required to apply for the establishment of the college in accordance with laws, such non-profit private college needs to submit further documents as follows:

a) An evidence for the college’s first undistributable assets under joint ownership (if any);

b) A written commitment of organizations or individuals being shareholding members of the college (if any) on the receipt of dividends in accordance with Point a Clause 1 Article 6, and on the use of marginal income of the college in accordance with regulations laid down at Point b Clause 1 Article 6 of the Government’s Decree No.141/2013/NĐ-CP.

2. Where private colleges are transformed into non-profit private colleges, the documentation must include:

a) A petition for this transformation in which guiding principles and objectives of the college's non-profit activities, contributed capital, undistributable assets under joint ownership, and commitment of the college on the use of marginal income in accordance with regulations laid down at Point b Clause 1 Article 6 of the Government’s Decree No. 141/2013/NĐ-CP;

b) The meeting minutes of the meeting of the shareholders’ general council in which the transformation of a private college into a non-profit private college must be approved. Such minutes must gain the consent from representatives who represent at least 75% of total contributed capital of shareholding members;

c) A written commitment of an organization or individual being an owner of investment fund as stipulated in Article 6 of the Government’s Decree No. 141/2013/NĐ-CP;

d) A draft of the rules of college organization and operation; internal financial rules as well as supporting evidence to show the charter capital of the college.

Such documentation must be sent by post or directly to the Ministry of Education and Training. Only 01 application package is required. Only 01 set of documents is required. 3. Procedure and authority of establishment or recognition of a non-profit private college:

Within a period of 30 working days, the Ministry of Education and Training shall inspect all required documents in accordance with regulations laid down in this Article and grant his/her decision on recognition of the non-profit private college.

Chapter III

OPERATION OF A COLLEGE

Section 1. TRAINING OPERATIONS

Article 35. Training program, teaching materials

The training program and teaching materials shall be governed by regulations laid down in Article 36 of the Law on Higher Education. The training program must conform to the specific frame and requirements as follows:

1. The college program must be designed and developed to the direction of practical training.

2. The college shall be granted the autonomy to design, assess and introduce training programs, and must ensure the conformity to the following requirements:

a) The training program designed in the form of formal education must meet regulatory standards for minimum knowledge density and requirements for the acquisition capability of learners after graduation, strict conformity to the process for design, evaluation and development of such program; ensure the consistency in knowledge foundations amongst academic syllabus in the entire training program; shall be periodically assessed, revised and updated in order to meet practical demands, development of each sector and satisfy the requirements of the labor market;

b) The training program designed in the form of a continuing education shall have contents and standards of graduate students equal to the training program designed in the form of a formal education;

c) Refresher or intensive training courses serving the purpose of improving professional skills and career development for students must meet the practical demand and must serve the purpose of international integration;

d) The foreign-invested college shall be granted the responsible autonomy to design and develop training programs in accordance with regulations laid down in Article 36 of the Law on Higher Education; the contents of these training programs must include compulsory subjects in accordance with regulations introduced by the Ministry of Education and Training.

Article 36. Training organization, management, and evaluation of training process

1. The college shall organize and manage training tasks in accordance with Article 37 of the Law on Higher Education; offer training courses by subjects and special subjects at the place which conforms to required conditions and is permitted by the competent authority; conduct the evaluation of training process and learning outcome of students in accordance with the training rules of the college.

2. Organization, management and evaluation of training process of the joint training program with foreign partners shall comply with applicable laws on foreign cooperation, investment in the education and training sector.

3. Colleges can enter into agreement or commitment on recognition, credit transfer and learning outcome and other contents pertaining to learning activities when the exchange between domestic and foreign students occurs on the basis of ensuring the acceptable density of knowledge to be acquired during the training program.

Article 37. Teaching assistance

1. Teaching assistance shall be aimed at assisting lecturers, principal lecturers, associate professors and professors in performing their teaching activities, including preparation of their lessons, extra-class tutoring, instructions on doing exercises, discussions, experimental or laboratory practices, or test marking.

2. Intern lecturers, teaching assistants, researchers and postgraduate students from different universities who are conducting their study and research at the college; experienced persons inside or outside of the college and lecturers, can get involved in a teaching assistance activities in the relevant professional field.

3. Assignment of a teaching assistant’s tasks, duties and allocation of allowances to those who participate in a teaching assistance activities shall be governed by specific provisions enshrined in the rules of college organization and operation.

Article 38. Degrees or certificates

1. Regulations on degrees, printing of degree templates and awarding of degrees to students must comply with Article 38 of the Law on Higher Education.

2. Degrees or diplomas are granted along with transcripts and certificates from the training program.

3. Students who have participated in the student exchange program between domestic and foreign college, whenever both colleges have already entered into the agreement to recognize such programs and undertake mutual credit transfer, are eligible to be granted additional degrees in the home country upon completion of the training program and after achieving the degree from the college located in the foreign country.

Article 39. Training quality assurance and verification

1. Responsibilities, duties and powers of the college pertaining to the work of training quality assurance and verification shall be governed by Article 50 and 51 of the Law on Higher Education.

2. Colleges shall assume their responsibility for participating in the work of domestic and international quality assessment, getting involved in supervising operating activities of education quality assessment organizations, and ensuring the impartiality, transparency and equality for all educational and training activities.

Section 2. SCIENCE AND TECHNOLOGY ACTIVITIES

Article 40. Duties and powers to perform science and technology tasks

The college shall assume their duties and powers to get involved in science and technology activities in accordance with regulations laid down in Article 41 of the Law on Higher Education, and several of them are specified as follows:

1. Perform science and technology activities as prescribed in regulations laid down in Article 40 of the Law on Higher Education, which conforms to the conditions set by the college, meet the objectives of science and technology activities in accordance with regulations laid down in Article 39 of the Law on Higher Education and legal regulations.

2. Be involved in proposing, selecting, advising, examining science and technology tasks; provide help for establishment and protection of intellectual property rights, commercial right, and carry out intellectual right transfer in accordance with applicable laws.

3. Formulate and execute the investment projects for the scientific and technological development and those for enhancement of research competence.

4. Create combined research-teaching groups that can promote the close connection between scientific research and training activities, and organize scientific research activities or events in which lecturers or students can have opportunities to participate.

5. Organize activities to stimulate domestic and foreign cooperation in terms of science and technology.

6. Establish the database and information system in respect of science and technology activities; exchange scientific and technological information with other domestic or foreign training and research institutions.

7. Undertake the performance of scientific research tasks at all administrative levels, implementation of program and project for scientific research, technology transfer to meet the order placed by the State.

Article 41. Management of science and technology activities

1. Organize a full-time division or unit for management of science and technology activities of the college.

2. Issue the regulations on management of science and technology activities of the college on the basis of relevant legal regulations pertaining to science and technology activities.

3. Draw up and implement the plan for science and technology activities within a college; those which are aimed at connecting scientific research activities with training activities.

4. Mobilize different financial sources to fund science and technology activities, and set aside a fund for development of science and technology in the college; manage, use such financial sources according to the principle of disclosure and efficiency required by laws.

5. Commend, honor and confer awards on administrative officers, lecturers and students who obtain excellent achievement in their scientific research activities.

6. Carry out inspection, assessment and conclusion of implementation of the plan to perform science and technology activities.

Section 3. INTERNATIONAL COOPERATION

Article 42. Duties and powers that a college is assumed to get involved in international cooperation activities

The college shall assume their duties and powers to perform international cooperation activities in accordance with regulations laid down in Article 47 of the Law on Higher Education, and several of them are specified as follows:

1. Prepare and implement the strategy, plan and program for short-term, medium and long-term international cooperation of the college, all of which must conform to the objective that international cooperation seeks to reach in accordance with Article 43 of the Law on Higher Education, policies and guidelines of the State to promote the international integration in terms of education and training sector.

2. Manage and implement programs and projects for international cooperation within their delegated authority in an effective manner.

3. Negotiate and conclude cooperation contracts with foreign partners in accordance with laws.

4. Set up the database and information system for international cooperation activities.

Article 43. Management of international cooperation activities

1. Organize specialized units or divisions for international cooperation activities in the college.

2. Formulate and promulgate the rules of management of the college’s international cooperation activities which must conform to regulations laid down in this Charter and other relevant legislative documents.

3. Arrange practical and effective cooperation activities; inspect, assess and recap the performance of international cooperation tasks of the college.

4. Collaborate with relevant regulatory bodies in ensuring social security, order and safety when implementing international cooperation activities.

Chapter IV

LECTURERS AND STUDENTS OF THE COLLEGE

Section 1. LECTURERS

Article 44. Lecturers of the college

1. Lecturers of a college shall be governed by provisions laid down in Article 54 of the Law on Higher Education.

2. Lecturers of a college must comply with regulations on standards of lecturer’s titles in accordance with applicable laws introduced by the Minister of Education and Training.

Article 45. Duties and rights of lecturers

The college’s lecturers shall assume their duties and rights under the provisions of Article 55 of the Law on Higher Education, and several of duties and rights are specified as follows:

1. Comply with the college’s rules, statutes and regulations.

2. Conform to regulations on employment policies for a lecturer’s title promulgated by the Minister of Education and Training;

3. Be provided with proper equipment, devices or working conditions to implement their duties in accordance with laws; be provided with information concerning their assigned duties and delegated powers.

4. Be entitled to salary, allowances and benefits as well as other supports stipulated by laws; those of public colleges who work at areas facing extreme socio-economic difficulties shall be entitled to allowances and benefits stipulated by the Government.

5. Have opportunity to take refresher or career improvement courses as planned and depending on the college’s conditions; be enabled to participate in managerial and administrative work in the college; be enabled to participate in social activities as stipulated by laws.

6. Those who participate in science and technology activities shall enjoy their entitlements as prescribed in the Law on Science and Technology; those who carry out the managerial work in the college, when participating in teaching activities, shall be entitled to incentive policies for lecturers as stipulated by laws and legal regulations of the college.

7. Get involved in managing students and share responsibility for the community.

Article 46. Lecturer’s internship

1. Recruitee as a lecturer shall have to comply with regulations on 12-month internship.

2. Those who have already lectured in a university or college for the minimum of 12 months shall not be required to experience the internship; as for those who hold doctorate degrees and have lectured when serving as researchers in the college, the college president shall consider reducing the internship time span.

3. The length of internship time must be specified in the employment contract.

4. Scope of internship activities

a) Grasp regulations on rights and obligations of lecturers and code of conducts for lecturers; learn and grasp other relevant rules and regulations of the college where they are working, and responsibilities and tasks of their work positions;

b) Consolidate and supplement their professional knowledge and skills relating to their assigned teaching tasks; draw up their lesson plans, teaching methodology and assessment of the learning outcome; manage classes;

c) Participate in class observation, academic discussions of the subject group or department, teaching internship activities as well as carry out pieces of work for the work position that they are offered;

d) Finish and receive certificates of the refresher or career improvement courses if they have not achieved the certificate of teaching profession improvement.

5. Not later than 07 working days from the date on which teaching interns start their jobs, the head of the subject group or department must assign a lecturer who have proper expertise and experience in teaching profession to instruct them.

Article 47. Assessment of lecturers

1. The assessment must conform to the statutes promulgated by the Minister of Education and Training;

2. Such assessment must mirror the actual capability of teaching, scientific research, ethics and conduct of a lecturer.

Section 2. STUDENT

Article 48. College students

College students, as stipulated by Article 59 of the Law on Higher Education, shall include students participating in different training programs; students of short-term training programs, or those who participate in laboratory and internship sessions in the college.

Article 49. Duties and rights of students

Students shall assume the duties and rights stipulated in Article 60 of the Law on Higher Education and several of the duties and rights shall be specified as follows:

1. Conserve and protect the college’s property; contribute to the construction, protection and promotion of traditional values of the college; respect cultural, ethical values and national heritage.

2. Pay tuition fees and charges in accordance with legal regulations.

3. If students who are entitled to receive scholarships and have their training expenses covered by the state budget or foreign aids as agreed upon in the agreement with Vietnam's government fail to perform tasks assigned by the competent authority, they must refund the scholarships that they have received and reimburse payments for training expenses in accordance with the Government’s regulations.

4. Be eligible to take part in union activities, and join student’s associations and other social organizations in accordance with legal regulations.

Chapter V

COLLEGE’S FINANCE AND ASSETS

Article 50. Management and use of assets and finance

Colleges shall comply with regulations on financial source; tuition fee and enrolment fee; financial management; management and use of assets in accordance with regulations laid down in Chapter X of the Law on Higher Education and other relevant laws.

Article 51. Use of marginal income of private colleges

A portion of marginal income gained from training activities and scientific researches of private colleges shall be used in accordance with provisions enshrined in Clause 3 Article 66 of the Law on Higher Education and specific provisions as follows:

1. Fulfill their obligations to the state budget, and pay taxes stipulated by laws.

2. Pay dividends equal to the percentage of contributed capital to shareholding members after fulfilling obligations to the state budget, and set up various funds in accordance with applicable regulations, internal financial rules and statutes of the college organization and operation.

3. The amount of salary paid to employees and dividends paid to shareholding members as well as other expenses must comply with internal financial rules, statutes and regulations of the college organization and operation.

Article 52. Assignment of contributed capital ownership and withdrawal in a private college

1. Assignment of contributed capital ownership of shareholding members in private colleges shall be specifically regulated in statutes, regulations and internal financial rules of such colleges which must conform to legal regulations and stick to the principles of assignment as follows:

a) Those who have the demand for assignment are responsible for notifying the management board of the price, terms and conditions of such assignment arrangements;

b) The management board shall notify the rest of shareholding members of the price, terms and conditions of such assignment, and have it publicly disclosed to the college’s employees with the same conditions. The notification shall stay valid within a period of at least 45 days;

c) The assignment must follow the sequence such as an assignment between shareholding members at the percentage proportionate to the contributed capital of each shareholding member; an assignment among the college’s employees, if shareholding members refuse to purchase or agreed to purchase just a part of such contributed capital; an assignment of contributed capital to those who are not shareholding members and employees of the college, if the college’s employees refuse to purchase or agree to purchase just a part of such contributed capital.

2. In respect of non-profit private colleges, the principles of assignment of contributed capital ownership shall be regulated in the statutes, regulations and internal financial rules of the college, and shall not be allowed to infringe upon applicable legal regulations.

3. Withdrawal and assignment of contributed capital ownership must comply with legal regulations, the college’s statutes and regulations, and must ensure the stable status and normal development of the college.

4. In case the college is dissolved, financial and asset-related handling measures must conform to legal regulations

Chapter VI

RELATION BETWEEN COLLEGES, FAMILIES AND SOCIETY

Article 53. Responsibility and relation of a college with student’s families and society

The college must establish the following relations:

1. Cooperate with political organizations, socio-political organizations, socio-political-vocational organizations, social organizations, socio-professional organizations, professional organizations in enabling students to reach the comprehensive educational targets; combine education in the college with education in the family and community.

2. Implement policies on private sector involvement in education, invent solutions to attracting social organizations, human resource organizations, enterprises, and other relevant parties to invest in the construction and development of educational infrastructural facilities; advise the college on the developmental planning, vocational and professional structure, training level and training program development; provide financial support for students and enable graduate students to be offered proper work positions, and supervise educational operations and establish a healthy educational environment.

3. Spread scientific knowledge to the public, transfer scientific research outcomes, and develop technologies and services to the community.

Article 54. Relation of the college with Ministries, regulatory agencies, People’s Committees at all administrative levels, organizations or enterprises

1. Ministries, regulatory agencies, scientific and technological organizations, production and trading establishments and administrative units shall be responsible for and facilitate field study, practice, internship and professional skill training for students.

2. The college shall cooperate with regulatory agencies at the central and local level, relevant domestic and foreign enterprises and organizations in determining educational demands, connecting training with employments and recruiting graduates to job positions; sign training, science and technology contracts; apply scientific and technological breakthroughs to actual production process and social life.

3. The college shall cooperate with cultural, arts and sports centers, mass media agencies in organizing cultural, arts and sports events which serve the purpose of creating a healthy educational environment; find and nurture students who are gifted at arts and sports activities.

4. The college shall promote the relation of its divisions and departments with political organizations, socio-political organizations, socio-political-vocational organization, social organizations, socio-professional organizations, vocational organizations, economic institutions and people's armed forces, People’s Committees at all levels in order to fulfill the following tasks:

a) Organize training, scientific and technological activities; transfer scientific research outcomes as well as apply technological and scientific breakthroughs to the production process and human life;

b) Set and create a healthy and positive study trend, educational environment; maintain safety, social security and order during the learning process; prevent use of narcotic drugs and other social problems from penetrating into the college environment;

c) Provide financial and material support within permitted capability for the task of educational development, improvement of living standards, mental life and learning and teaching conditions for the college’s officers, civil servants and students.

Chapter VII

IMPLEMENTATION

Article 55. Responsibility of the college

Enforce this Charter; complete organization structure, examine various operational aspects, norms of lecturers and administrative officers in order to comply with regulations enshrined in this Charter; amend, adjust or promulgate new statutes, regulations and internal rules of the college in conformity with regulations set out in this Charter.

Article 56. Responsibility of the Ministry of Education and Training

1. Direct the implementation of this Charter throughout the entire collegiate system nationwide; make statistical reports and set up the database of all colleges.

2. Consult with the direct management agencies and provincial People’s Committees in the course of implementing this Charter as well as dealing with difficulties, complaints or discrepancies in order to ensure the consistency throughout the collegiate system.

3. Inspect and supervise the implementation of the Charter at all colleges, and handle any violation against legal regulations; withhold or propose withholding any decision in breach of the regulations enshrined in this Charter and legal regulations on the collegiate education.

Article 57. Responsibility of the direct management agency of the college

1. Directly carry out or collaborate with the Ministry of Education and Training in carrying out the direction of affiliated college's implementing this College Charter.

2. Collaborate with the Ministry of Education and Training in managing affiliated colleges; handle any difficulty that may arise in accordance with laws.

3. Conduct administrative inspection and supervision of the task of implementing this Charter and impose penalties for any violation committed by affiliated colleges in accordance with laws.

Article 58. Responsibility of the provincial People’s Committee

1. Directly carry out or collaborate with the Ministry of Education and Training in carrying out the direction of affiliated college's implementing this College Charter; give direction to grant recognition of the management board, college president as well as implement other regulations applied to private colleges located at their localities.

2. Collaborate with the Ministry of Education and Training in managing affiliated colleges located at their localities; handle any difficulty that may arise in accordance with laws.

3. Inspect and supervise the implementation of this Charter within their delegated authority; handle any violation committed by colleges located at their localities in accordance with laws.