Thông tư 43/2011/TT-BGDDT

CIRCULAR

AMENDING AND SUPPLEMENTING SOME ARTICLES OF CIRCULAR NO. 14/2009/TT-BGDDT DATED MAY 28, 2009 PROMULGATING REGULATIONS ON COLLEGE AND DECISION NO. 06/2008/QĐ-BGDĐT DATED FEBRUARY 13, 2008 STIPULATING THE SECOND DEGREE TRAINING AT UNIVERSITY AND COLLEGE LEVEL

Pursuant to Law on Promulgation of Legal Normative Documents dated June 3, 2008;

Pursuant to Decree No. 24/2009/ND-CP dated March 05, 2009 of the Government stipulating in detail and measures to implement the Law on Promulgation of Legal Normative Documents;

Pursuant to Decree No. 32/2008/ND-CP dated March 19, 2008 of the Government stipulating functions, duties, rights and organizational structure of the Ministry of Education And Training

Pursuant to Decree No. 63/2010/ND-CP dated June 08, 2010 of the Government regarding the control of administrative procedures.

Pursuant to the Resolution No. 25/NQ-CP dated June 02, 2010 of the Government regarding the simplification of 258 administrative procedures under the scope of function and management of Ministries and sectors and Resolution No. 66/NQ-CP dated December 23, 2010 of the Government regarding the simplification of administrative procedures under the scope of function and management of the Ministry of Education and Training;

At the proposal of the Director of Department of University Education, the Minister of Education and Training hereby decides:

Article 1. Amending and supplementing some Articles in the regulations on college promulgated together with the Circular No. 14/2009/TT-BGDDT dated May 28, 2009 of the Minister of Education and Training as follows:

1. Article 3 is amended and supplemented as follows:

Article 3. Registering school name and renaming college.

1. The college name is registered in Vietnamese and English language including the following components:

a) College + name of the major field or training program (If necessary) + proper name

b) The proper name is the name of locality, name of historical cultural celebrity, name of individual, organization if approved by the locality, individual and organization and allowed by the Minister of Education and Training.

2. College name must not be identical or cause any confusion with the names of colleges and universities that have been registered without infringing the intellectual property rights of other individuals and organizations in accordance with the Law on Intellectual property. The colleges need to register for protection of school name shortened in Vietnamese and English.

3. School name is written in the decision on school establishment, shown on seal, school signboard and transaction documents and papers of school.

4. Dossier for renaming college consists of:

a) Report on school renaming in which clearly stating the necessity, reason and purpose of the school renaming.

b) Written approval of the direct management agency about the school renaming;

c) Number of dossier: 01 set

5. Procedures for school renaming;

The Ministry of Education and Training will receive and assess dossier for college renaming. Within 10 working days from the time receiving dossier as prescribed, the Ministry of Education and Training will make decision on the school renaming or notify of the assessment result if not qualified as prescribed in clause 1 and 2 of this Article.

2. Annulment of clause 4 of Article 10

3. Article 11 is amended and supplemented as follows:

Article 11. Dossier and procedures for college establishment

1. Dossier of college establishment project consists of:

a) Report on proposal to establish college from the direct management agency (for public school), from organization or individual (for private school) clearly states the necessity for school establishment, school name in Vietnamese and English language, estimated school location, training programs, training scale, capital source, land, teaching staff and management officials;

b) A notarized copy of the written approval of the provincial People's Committee approving the school establishment at the locality, which clearly states the necessity, the conformity of the establishment of school with the planning for economic and social development of the locality, estimated location, land for school building and capacity to coordinate and create conditions of the locality for the building and development of the school.

c) The legal documents certifying the investor’s capital used in school building ;

d) College establishment project: Clearly demonstrating the necessity for school establishment, the conformity of the establishment of school with the planning for economic and social development of the locality, objectives, duties, programs and training scale in each period; estimated structure of organization, management and running, quantity and lecturers qualification, managing official, land, charter capital, implementation solution, draft of regulation on organization and operation, planning and plan for school building and development in each period, estimated total capital for implementing plans and ensuring the activities of training and scientific research in the first 3 years of establishment and the subsequent years; explaining the feasibility and legality of the capital resource for school building and development in each period.

dd) Dossier of private college establishment project must have additional documents as follows: list of founding members; record of appointing representative for school establishment of the capital contributors; the capital contribution commitment for school building of individuals and organizations and consent opinion of the representative for school establishment, list of the shareholders committing to charter capital contribution.

e) Number of dossier : 5 sets

2. Procedures for approving the college establishment project

a) The Ministry of Education and Training receives the dossier of college establishment project. Within 10 working days from the date receiving dossier, if it is not valid, the Ministry of Education and Training will notify the investor for supplementing and completing it.

b) Within 30 working days from the date of receiving the valid dossier, the Ministry of Education and Training will organize the assessment of the project dossier. If the project dossier guarantees the conditions for school establishment, the Minister of Education and Training will make a decision on the college establishment. If the dossier of the project doesnot meet the conditions, the Ministry of Education and Training will give a written notice on the dossier assessment result to the project owner.

4. Article 13 is supplemented and amended as follows:

“Article 13. Suspension of college training activity.

1. College is suspended the training activity in the following cases :

a) Having fraudulent acts to get permission for training activity;

b) Failing to guarantee one of the conditions as stipulated in Article 17 of this regulation;

c) The person who allows the training activity is not in accordance with his/her competence

d) After 3 years since the Minister of Education and Training has signed the Decision on allowing the training activity, the school is not entitled take enrolment and organize training;

dd) Violating the regulations of law on education and being sanctioned for administrative violation at suspension level ;

2. Dossier of the training activity suspension.

a) Applications and letters of individuals and organizations or report on inspection result of the direct management agency on the violation of the college (if any);

b) Decision on college inspection of the Minister of Education and Training;

c) The conclusion of the inspector of the Ministry of Education and Training on violations of the college and the proposal to the Minister of Education and Training for the suspension of the training activity of the college.

3. Procedures for the training activity suspension.

a) Within 10 working days from the date of receiving valid dossier, the Minister of Education and Training will make a decision on establishing the assessment Council for the dossier of the college training activity suspension.

b) Based on the assessment result, the Minister of Education and Training will make a decision on the training activity suspension.

c) The decision on the training activity suspension must clearly specify the reason and the time limit of suspension, measures to ensure the rights of the lecturers, students and laborers in school. The decision on the training activity suspension must be publicized on the mass media.

d) After the time limit of suspension, if the college overcoms the causes of the suspension, the Minister of Education and Training will consider and make a decision to allow the school to operate again.

5. Article 14 is supplemented and amended as follows:

Article 14. Dissolution of the college

1. College will be dissoluted in the following cases :

a) Seriously violating the regulations on management and operation organization of college;

b) The time limit of training activity suspension is over but the college hasnot overcome the cause of the suspension ;

c) The objectives and operation content of the college are no longer in conformity with the requirement of the social and economic development of the area and locality.

d) As planned, rearrangement of the network of universities and colleges is in accordance with the actual situation and conditions;

d) At the proposal of agency, organizations and individuals that have founded the college ;

2. Dossier of proposal for college dissolution

a) The written request of the agency or organization and individual that have founded the college in which clearly specifies the reasons and purpose of the school dissolution.

b) Report of direct management agency, of the organization or individual on the operation situation of the college, proposal of dissolution plan, measures to ensure the rights of the lecturers, students and laborers as prescribed by law and plan for settlement of school property.

c) Number of dossier : 01 set

3. Procedures for college dissolution

a) The Ministry of Education and Training receives dossier from the management agency, organizations and individuals that propose college dissolution. Within 30 working days from the date of receiving the valid dossier, the Minister of Education and Training will make a decision on establishing the assessment Council for the dossier of the college dissolution.

b) Based on the assessment result, the Minister of Education and Training will make a decision on college dissolution.

c) The decision on school dissolution must clearly specify the reason, measures to ensure the rights of the lecturers, students and laborers in school. The decision on school dissolution must be publicized on the mass media.

6. Article 17 is supplemented and amended as follows:

“Article 17. Conditions for operation registration

1. Having the decision to establish or decision to allow the college establishment of the Minister of Education and Training.

2. Having completed the school’s organizational structure consistent with the dossier of the school establishment approved.

3. Having qualified staff of official lecturers and management cadres to build and implement the training program and ensure a ratio of no more than 25 students/lecturer for each knowledge block of all training program in which at least 15% of lecturers having master degree or higher.

4. Having enough lecture halls, classrooms, libraries, suitable function rooms, laboratory and practice facilities and other material facilities to meet the requirements of the training program. The house area built and put into use is at least 9m2/student on average, in which the working area is at least 6m2/student, area of accommodation and living for students is at least 3m2/student; Having enough working room for lecturers and school officials with the minimum area of 8m2/person.

5. Having financial resources to ensure the training cost, maintaining and developing the training activity of school.

6. Having developed and promulgated the Regulation on organization and operation and Regulation on internal expenditure.

7. Ensuring the conditions to open the training branches in accordance with the current regulations of the Minister of Education and Training.

7. Article 17a is supplemented as follows:

“Article 17a. Dossier and procedures for operation registration.

1. Dossier of operation registration

a) The report on operation registration and opening of training branches will briefly introduce the process of construction and development of the school, the necessity for opening the training branches, training objectives, program structure, description of subjects in detail, training plan, capacity and rate of assurance of the conditions as prescribed in Article 17 of this Regulation.

b) The valid copy of the Decision on establishment or permission of college establishment of the Minister of Education and Training.

c) Regulation on organization and operation of the school;

d) The notarized copy of the Certificate of land use right or the written approval to allot the land for school building in which clearly defining the area, landmark and address of the land lot of the provincial-level People’s Committee or legal documents on the use right of the land lot reserved for school building.

dd) The planning for the school building and the overall design approved by the direct management agency for the public colleges or approved by the provincial-level People’s Committee for private colleges.

e) Report on the implementation of commitment in the project of school establishment including construction area, amount, classroom area, working room, laboratory, practice facility; library, dormitory, works for recreational activities, sports, culture, health, services, the financial situation to prepare for school activities in accordance with the contents and plan for implementation of the project; training scale and teaching staff of the training branches;

g) Plan for registration to open the training branches approved by the Council of Science and Training of the school;

h) The record of practical inspection and certification of the provincial-level People’s Committee on the situation of school building, material facility, staff of lecturers written in the Dossier of operation registration and the opening of training branches of the school.

i) Record of the training program assessment Council

k) The number of dossier sent for practical inspection and assessment (except for dossiers stipulated at point h and i of this clause) : 03 sets sent to the provincial-level People’s Committee and 05 sets sent to the training program assessment unit.

l) The number of dossier sent to the Ministry of Education and Training : 01 set

2. Procedures for operation permission

a) The college sends the operation registration to the provincial People's Committee where the college is located in order to verify and certify the conditions for registration of training activity, at the same time sending the official dispatch to the Ministry of Education and Training to request the assessment of the training program;

b) The provincial People's Committee will establish a team to inspect the conditions for operation registration, making record of certification and sending 01 copy to the Ministry of Education and Training, 01 copy sent to the school and 01 copy retained with the set of dossier as a basis for the inspection of the school’s compliance during the process of organization and training.

c) The Ministry of Education and Training will appoint a unit to assess the training program. The assessment unit is responsible for setting up the assessment Council with a record for evaluating the structure and contents of the training programs, conditions of material facilities and equipment provided for the teaching and learning; the staff of lecturer and management officials and other conditions of quality assurance, conclusion on the content of the program quality and conditions to ensure the quality of training program of the project. The head of the assessment unit will certify the record and conclusion of the Council and send 01 copy to the Ministry of Education and Training for report, 01 copy sent to the school that will be assessed for the completion and supplement of the project dossier and 01 copy retained at the assessment unit.

d) Based on the record of the provincial People's Committee for the inspection of the operation registration and opening of training branches, the record of the training program assessment Council, the college will complete and supplement the dossier and send it to the Ministry of Education and Training. Within 60 working days from the receipt of valid dossier, the Minister of Education and Training will make a decision on allowing the operation and opening of the training branches if the dossier meets conditions for the operation and opening of the training branches or notify the training facility if the dossier does not meet conditions.

8. Clause 1 of Article 35 is amended as follows :

“1. The General Meeting of Shareholders, including all shareholders who contribute capital to build the private college. All shareholders have voting rights, the voting value ​​is calculated at the rate of the share of capital contribution.

Article 2. Amending and supplementing Article 7 stipulating the second degree training at university and college level promulgated together with the Decision No. 06/2008/QD-BGDDT dated February 13, 2008 of the Minister of Education and Training as follows:

“Article 7. Registration for second degree from intermediate level to the university level

1. Dossier of registration for second degree from intermediate level to the university level consists of :

a) Report on registration for second degree. The content of the report must specify : the branch and level of registration for second degree, training demand, training facility, organization of training process, criteria, forms and conditions of selection, estimated training target, conditions of training quality assurance and commitments of quality assurance.

b) The copy of decisions on opening the branches for which registered the second degree training is registered.

c) The comparison table of the programs that have been trained of the enrolment subjects at the intermediate level and the training programs for graduation degree at the university level as a basis for building second degree training program;

d) Second degree training program

dd) The program supplements knowledge for the learners of different branch of second degree training but in the same block of branch

e) Number of dossier : 01 set

2. Procedures for registration of second degree training

The Ministry of Education and Training receives and verifies the dossier. Within a period not exceeding 20 working days from the date of receiving the complete and valid dossier, the Ministry of Education and Training will consider and make a decision on assigning the duties of second degree training to the school or respond in writing about not assigning the duties of second degree training to the school.

Article 3. This Article will take effect on November 20, 2011.

Article 4. The Ministers, Heads of ministerial-level agencies, Governmental agencies, Chairmans of People's Committees of government affiliated provinces and cities, the Chief of the Ministry Secretariat, the Director of Department of University Education, Heads of agencies concerned under the Ministry of Education and Training, Directors of the universities, students and principals of universities and colleges are liable to execute this Circular.