Thông tư 38/2010/TT-BGDDT

CIRCULAR

CONDITIONS, DOCUMENTS, PROCEDURES FOR OBTAINING PERMISSION FOR PROVISION OF MASTER’S TRAINING AND DOCTORAL TRAINING, SUSPENSION OF ENROLLMENT, CANCELLATION OF PERMISSIONS FOR PROVISION OF MASTER’S TRAINING AND DOCTORAL TRAINING IN PARTICULAR DISCIPLINES/MAJORS

Pursuant to the Law on Education dated June 14, 2005; the Law on Amendments to the Law on Education dated November 25, 2009;

Pursuant to the Government's Decree No. 178/2007/NĐ-CP dated December 03, 2007 defining the functions, tasks, powers and organizational structure of Ministries and ministerial agencies;

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

Pursuant to the Prime Minister’s Decision No. 58/2010/QĐ-TTg dated September 22, 2010 on promulgation of University Charter;

At the request of Director of Higher Education Department

The Minister of Education and Training provides for conditions, documents, procedures for obtaining permission for provision of master’s training and doctoral training, suspension of enrollment, cancellation of permissions for provision of master’s training and doctoral training in particular disciplines/majors as follows:

Article 1. Scope and regulated entities

1. This Circular deals with conditions, documents, procedures for obtaining permission for provision of master’s programs and doctoral programs, suspension of enrollment, cancellation of permissions for provision of master’s training and doctoral training in particular disciplines/majors.

2. This Circular applies to universities, academies, research institutions (hereinafter referred to as training institutions), Services of Education and Training, relevant organizations and individuals (hereinafter referred to as entities).

Article 2. Conditions for obtainment of the license for master’s training

A university or academy shall be granted the license for master’s training in a particular discipline/major when the following conditions are satisfied:

1. The discipline/major is in the formal university program and at least 2 courses have been completed.

2. Applicable regulations on recruitment, university and master’s training organization and management, and relevant regulations of law are not violated over the previous 03 years before the application date.

3. The quantity and quality of lecturers are sufficient to run the master's program in the discipline/major, particularly:

a) Full-time lecturers who have at least master’s degrees have participated in at least 70% of the training program. Lecturers involved in teaching theories of basic and professional knowledge must have doctorate degrees;

b) There are at least 05 full-time lecturers that have doctorate degrees in the discipline being registered, 03 of whom are in the same major.

4. Facilities and equipment are sufficient for the master’s program, particularly:

a) There are sufficient classrooms, laboratories, workshops, and testing facilities with necessary equipment that satisfy requirements of the discipline/major;

b) The library has a room for access to information sources (Vietnamese and foreign magazines, books, textbooks) published within the previous 05 years that satisfy the requirements for teaching and learning of the training program and dissertation preparation;

c) The website of the training institution is regularly updated, on which the commitment to practical education quality, the practical education quality, conditions for assurance of education quality, revenues and expenditures are published.

5. Any training institution that is capable and experienced in scientific research in the discipline/major; lecturers that participate in teaching the master’s program have been in charge of scientific researches at ministerial level or higher in the discipline/major being registered. Each lecturer must have a doctorate degree and at least 03 scientific works published on academic journals on the list of State Council for Title of Professor within the previous 05 years from the application date.

6. There is a training program and outline with specific study units of the program, which is formulated in accordance with Regulation on Master’s training promulgated by the Ministry of Education and Training.

The name of the discipline/major is on the List of Disciplines/majors eligible for master’s training promulgated by the Ministry of Education and Training.

If the name of the discipline/major is not on the List, the training institution must provide scientific foundation of for the new discipline/major which have been approved by Academic Council of the training institution; training experience of some countries together with the model programs of some universities that have been assessed overseas.

7. There is a specialized management unit that satisfies requirements for management of master’s training activities and has formulated regulations on master’s training of the training institution.

8. The discipline/major being registered is conformable for local and national human resources development planning.

Article 3. Conditions for obtainment of the license for doctoral training

1. A university or academy shall be granted the license for doctoral training in a particular major when the following conditions are satisfied:

a) Master’s programs in the discipline/major corresponding to the doctoral major have been run and at least 2 courses have been completed.

b) Applicable regulations on recruitment, management of university and master’s, and doctoral training with current disciplines/majors, and relevant regulations of law are not violated over the previous 03 years before the application date;

c) The quantity and quality of lecturers are sufficient to run the doctoral program in the discipline/major being registered, particularly:

- The training institution is capable of developing and implementing the doctoral training program, capable of detecting issues that need studying, instructing postgraduate students to formulate their dissertation topic outlines, prepare the dissertation, and participate in the Doctoral Dissertation Council;

- There is at least 01 professor or associate professor and 4 doctors that are fulltime employees of the training institution, 03 of whom are in the same major being registered.

d) The training institution is capable of establishing a Dissertation Assessment Council and organizing the dissertation assessment in accordance with applicable Regulation on doctoral training;

dd) Facilities and equipment are sufficient for doctoral training, particularly:

- There are sufficient laboratories with necessary equipment for postgraduate students to prepare their dissertation topics; there are places dedicated for instructors and postgraduate students.

- The library has sufficient information sources, documents, and instruments for postgraduate students to prepare their dissertations such as Vietnamese and foreign academic journals, books, textbooks, electronic library connected with other Vietnamese and foreign training institutions in the same discipline or major;

- The website of the training institution is regularly updated, on which the commitment to practical education quality, the practical education quality, conditions for assurance of education quality, revenues and expenditures are published;

e) The training institution has fulfilled scientific research objectives, at least 05 of which are scientific researches at national, Minister, or province levels; or have fulfilled scientific research objectives with high quality.

The training institution is experienced in training scientific researchers; regularly holds scientific seminars and conventions.

The lecturers that participate in the doctoral training program have been in charge of ministerial scientific projects or higher in the major being registered. Each lecturer must have a doctorate degree and at least 03 scientific works published on academic journals on the list of State Council for Title of Professor within the previous 05 years from the application date.

g) The training institution has cooperated with other universities in the world in training and science and technology activities;

h) There is a training program and outline with specific study units of the program, which is formulated in accordance with Regulation on Doctoral training promulgated by the Ministry of Education and Training.

The major is on the List of majors eligible for doctoral training promulgated by the Ministry of Education and Training.

If the major is not on the List, the training institution must provide scientific foundation of for the new major which have been approved by Academic Council of the training institution; training experience of some countries together with the model programs of some universities that have been assessed overseas.

 i) There is a specialized management unit that satisfies requirements for management of master’s training activities and has formulated regulations on doctoral training of the training institution.

2. Research institutions are permitted to provide doctoral training for the first major when the conditions prescribed in Points c, d, dd, e, g, h, I Clause 1 of this Article are satisfied. Doctoral training for the second major may be permitted when the conditions prescribed in Point b Clause 1 of this Article are satisfied.

Article 4. The power to decide permission for master’s training and doctorate training in particular disciplines/majors

1. The Minister of Education and Training shall permit a training institution to provide master’s training and doctoral training in a particular discipline/major when the conditions prescribed in Article 2 and Article 3 hereof are satisfied.

2. Special cases shall be considered by Minister of Education and Training.

Article 5. Application for permission for master’s training and doctorate training in a particular discipline/major

When the conditions for master’s training and doctorate training prescribed in Article 2 and Article 3 hereof are satisfied, the training institution shall compile an application which consists of:

1. An application form for permission for master’s training or doctorate training in a particular discipline/major (Appendix I).

2. A master’s training project or doctoral training project for the discipline/major according to Appendix II, which contains: The necessity of the project; foundations for the project; training target, eligible students; capacity of the training institution; training program and training plan for the discipline/major, and evidence enclosed.

3. An approval record of Academic Council of the training institution.

4. A record on inspection of full-time lecturers, equipment, library serving the master’s or doctoral training issued by the Service of Education and Training.

5. A record on training program assessment issued by an assessment council of the training institution or another reputable training institution appointed by the Ministry of Education and Training.

The application shall be made into 03 sets (for master’s training) or 04 sets (for doctoral training).

Article 6. Procedures for granting permission for master’s training and doctoral training

1. The training institution shall send 03 sets of application to the Service of Education and Training of the same province requesting inspection and certification of the practical conditions in terms of fulltime lecturers, training equipment, and the library. A written request shall be sent to the Board of Directors for permission to assess the training program itself or appointment of a reputable training institution to assess the training program.

2. Inspection and confirmation of practical conditions

Within 15 working days from the day on which full and valid documents are received, the Director of the Service of Education and Training shall establish an inspectorate. The inspectorate consists of: 01 representative of the Board of Directors of the Services of Education and Training who acts as the chief, 01 representative of the personnel department, and 01 expert who acts as the secretary).

The inspectorate shall carry out the inspection, compare information in the application with practical conditions such as: the payroll, insurance books of lecturers, qualifications and certificates of lecturers, equipment, library serving training in the major being registered, and then issue an inspection record.

The inspection record must bear the signatures, full names of the chief of the inspectorate and the head of the training institution, the seal of the Service of Education and Training and the training institution. The inspection record shall be made into 06 copies. 01 copy shall be kept by the Service of Education and Training, 01 copy by the training institution, and 04 copies enclosed with the application.

According to the inspection record, the Director of the Service of Education and Training shall certify the practical conditions on the reports on the training institution’s capacity (Appendix III) in the application.

3. Training program assessment

After the Board of Directors permits the training institution to assess the training program itself or appoints a reputable training institution to assess the training program, the training institution shall follow the steps below:

a) If the training institution is permitted to assess the training program itself, the head of the training institution shall establish an assessment council and hold meetings to assess the training program;

b) If the training institution is not permitted to assess the training program itself, the training institution shall send 05 sets of the training program to the training institution appointed by the Ministry of Education and Training (hereinafter referred to as assessing institution) for assessment. Within 30 working days from the day on which the assessing institution receives the training program, its head shall establish an assessment council and hold meetings to assess the program.

c) The assessment council consists of 05 members, including professors, associate professors, doctors of philosophy or doctors of science in the discipline/major being registered. The assessment council shall consist of the Chairperson, two critics, secretary, and members.

d) Contents and formalities of meetings of the assessment council are specified in Appendix VI enclosed herewith.

After listening to the report of the representative of the applying institution, members of the council shall ask questions, the training institution shall respond, and then council members shall discuss and hold a ballot.

An assessment record shall be made by the assessment council. The record must bear signatures and full names of the Chairperson, the secretary, and the seal of the training institution. The assessment record shall be made into 06 copies. 01 copy shall be kept by the assessing institution, 05 copies shall be sent to the applying institution (01 copy is kept and 04 copies are enclosed with the application).

The head of the assessing institution shall certify on the record made by the assessment council and the training program (Appendix IV) in the application.

4. The cost for inspection and assessment shall be covered by the applying institution according to applicable regulations.

 5. After following the steps in Clause 1, Clause 2, and Clause 3 of this Article, the applying training institution shall send the application to the Ministry of Education and Training.

a) The application shall be considered within 30 working days from the first of March, June, and September.

- If the application satisfies all conditions and is considered satisfactory, the Minister of Education and Training shall issue a written permission for master’s training or doctoral training in a particular discipline/major.

- If the application satisfies some conditions but some issues still need resolving, the Minister of Education and Training shall send a written notification of the assessment result and the issues that need resolving to the training institution.

- If the application is not satisfactory, the Minister of Education and Training shall send a written notification to the training institution and request the training institution to keep improving the conditions.

The Ministry of Education and Training shall carry out another assessment at the training institution where necessary.

b) Within 15 working days from the day on which the satisfactory application is received, the Minister of Education and Training shall issue a written permission for master’s training or doctoral training in the particular discipline/major.

Article 7. Suspension of enrollment

1. A training institution shall be suspended from enrollment for master’ training or doctoral training in a discipline/major in one of the following cases:

a) Any of the conditions for master’s training or doctoral training prescribed in Article 2 and Article 3 hereof is not satisfied;

b) No students are enrolled for 03 consecutive years;

c) The enrollment and training is held at a location other than that permitted for master’s training;

d) A violation against regulations on educations that leads to suspension is committed;

dd) Other cases prescribed by law.

2. The decision on suspension of enrollment must specify the reasons for suspension, the duration of suspension, and measures for ensuring the interests of students and lecturers.

3. The Minister of Education and Training shall decide suspensions of enrollments.

4. After the suspension period expires, if the reasons for suspension are eliminated, the Minister of Education and Training shall permit the training institution to continue the enrollment.

Article 8. Cancellation of permission for master’s training or doctoral training in particular disciplines/majors

1. The training institution shall have the permission for master’s training or doctoral training in a particular discipline/major cancelled in one of the following cases:

a) Fraud is committed to obtain permission for master’s training or doctoral training in a particular discipline/major;

b) Serious violations against regulations on organization, management of master’s training or doctoral training are committed;

c) The reasons for suspension are not eliminated after the enrollment suspension period expires;

d) Quality inspection results are not satisfactory (inspection at the training institution, inspection of the training program) according to regulations of the Ministry of Education and Training;

dd) Violation against regulations on educations that leads to cancellation of permission is committed;

e) Other cases prescribed by law.

2. The decision on cancellation of permission for training must specify the reasons for cancellation and measures for ensuring the interests of students and lecturers.

3. The Minister of Education and Training shall issue decisions on cancellation of permission for training.

Article 9. Responsibilities of training institutions

1. Ensure the truthfulness and accuracy of the application for permission for master’s training or doctoral training in a particular discipline/major.

2. Provide sufficient information, documents, and evidence at the request of the inspectorate or assessment council

3. Carry out internal inspection as prescribed by law; facilitate inspection and supervision by the Ministry of Education and Training and competent authorities with regard to assurance of training quality of master’s training or doctoral training in a particular discipline/major.

4. The training institutions permitted to assess their training programs themselves must strictly follow the assessment procedures; carry out the assessment in an objective and honest manner, and take responsibility for the accuracy of assessment results.

5. The head of the training institution is responsible for fulfillment of conditions for master’s training or doctoral training of the institution.

Article 10. Responsibilities and entitlements of Services of Education and Training

1. Carry out inspections and certify conditions of the applying training institution in terms of fulltime lecturers, training equipment, and the library.

2. Examine documents related to fulltime lecturers, training equipment, and the library of the training institution; request the training institution to provide relevant documents and information.

3. Take responsibility for the truthfulness and accuracy of field inspection results.

4. Facilitate inspection and supervision by the Ministry of Education and Training and competent authorities with regard to field inspection results.

Article 11. Responsibilities and entitlements of training institutions appointed to assess training programs

1. Assess master’s and doctoral training programs of training institutions in accordance with applicable regulations when being appointed by the Ministry of Education and Training.

2. Examine documents related to development of training programs; request training institutions to provide relevant documents and information.

3. Carry out the assessment in an objective and honest manner. Take responsibility for assessment results.

4. Facilitate inspection and supervision by the Ministry of Education and Training and competent authorities with regard to assessment results.

Article 12. Responsibilities of units affiliated to the Ministry of Education and Training

Higher Education Department shall take charge and cooperate with Planning – Finance Department, Science, Technology, and Environment Department, and relevant units in:

1. Examine applications and fulfillment of conditions for permission for master’s training or doctoral training in particular disciplines/majors of training institutions.

2. Provide instructions, supervise the provision of master’s training or doctoral training the registered particular disciplines/majors according to plan to assure quality.

3. Provide instructions, supervise the inspections, and certify fulfillment of conditions of training institutions, assessment of training institutions by appointed institutions.

Article 13. Effects

1. This Circular takes effect on February 07, 2010.

2. Article 4 and Article 5 of Decision No. 45/2008/QĐ-BGDĐT dated August 05, 2008 of the Minister of Education and Training promulgating Regulation on master’s training; Article 4, Article 5, and Article 6 of Circular No. 10/2009/TT-BGDĐT dated May 07, 2009 of the Minister of Education and Training promulgating Regulation on doctoral training.

3. Regulations in contravention of this Circular shall be annulled.

Article 14. Implementation

Chief of the Ministry Office, Director of Higher Education Department, heads of relevant units affiliated to the Ministry of Education and Training, universities, academies, research institutions, Services of Education and Training are responsible for implementation of this Circular.