Quyết định 14/2005/QD-TTg

DECISION

OF THE PRIME MINISTER NO. 14/2005/QĐ-TTG DATED JANUARY 17TH 2005 ON ISSUING THE REGULATION ON ORGANIZATION AND OPERATION OF PRIVATE UNIVERSITIES

THE PRIME MINISTER

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Education dated December 02, 1998;

Pursuant to the Decree no 73/1999/NĐ-CP dated August 19, 1999 of the Government on incentive policies for private sector involvement in the activities of education, health, culture and sport;

Pursuant to the Decree no. 43/2000/NĐ-CP dated August 30, 2000 of the Government providing instructions on the implementation of a number of articles in the Law on Education;

At the request no. 6800/ĐH&SĐH dated August 04, 2004 of the Minister of Education and Training issuing the Regulation on organization and operation of private universities, 

DECIDE:

Article 1. Issue the Regulation on organization and operation of private universities enclosed with this Decision.

Article 2. This Decision takes effect after 15 days from the day on which it is published on an official gazette. This Regulation shall replace the Regulation enclosed with the Decision no. 240/TTg dated May 24, 1993 of the Prime Minister issuing the Regulation on private universities. The Minister of Education and Training shall take charge and cooperate with the relevant Ministries and departments in providing guidance on implementing this Regulation.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committee of central-affiliated provinces are responsible for implementing this Decision.

REGULATION

ON ORGANIZATION AND OPERATION OF PRIVATE UNIVERSITIES (enclosed with the Decision no. 14/2005/QĐ-TTg dated January 17th, 2005 of the Prime Minister)

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope and regulated entities

This Regulation provides for the establishment, management and operation of private universities.

Private universities which are established by Vietnamese people shall comply with this Regulation, University Charter and the regulations of the Law.

Article 2. Status of private universities

1. A Private university has legal status, a stamp and accounts in the banks and/or State Treasuries.

2. Private universities have the same legal status as the public universities in the national education system.

Article 3. Interpreter of terms

1. “Capital contribution" is the act of contributed assets to a private university in order to become the owner or a co-owner of the private university. The contributed assets may be in the form of money in Vietnam Dong or convertible foreign currencies, gold, the value of land use right (hereinafter referred to as land) or value of intellectual property right and other assets according to the Regulation of the university.  Total value of the assets contributed shall be the capital of the university.

2. “Capital contribution” is the proportion of capital contributed by the owner or a co-owner to the charter capital.

3. “Charter capital” is the total amount of the capital contributed by all the founders, which is recorded in the Regulation of organization and operation of the private university.

4. "Voting contribution” is a capital contribution based on which the holder is given the right to vote for the issues required the decision of the Shareholder general assembly.

5. “Founders” are participants in approving the first Regulation on organization and operation of a school, who made necessary contributions to the charter capital of the school.

Article 4. State management of private universities

1. Private universities shall be under the educational State management of the Ministry of Education and Training; administrative management of the People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People's Committees).

2. The direct management agency of private universities is the Ministry of Education and Training.

Article 5. Communist Party organizations and unions

Organizations affiliated to the Communist Party of Vietnam in private universities shall comply with the Constitution, the Law and the regulations of the Communist Party of Vietnam. Socio-political organizations, social organizations in private universities shall comply with the Constitution and the Law of Vietnam.

Article 6. Duties of private universities

1. Provide training for human resources having political credentials, good moral, professional knowledge and skills, good health, creativity, adaptability, teamwork capability and ability of creating jobs.

2. Conduct scientific and technological researches; combine the educational activities with scientific researches as well as the scientific and technological service provision according to the Law on science and technology, the Law on Education and other regulations of the Law.

3. Manage lecturers, executive officers, and other employees; build a sufficient, qualified and balanced teaching staff according to the regulations of The Ministry of Education and Training.

4. Enroll and monitor students according to the regulations.

5. Find and foster talents among the students and personnel of every school.

6. Manage and use land, facilities, equipment and assets according to the regulations of the Law.

7. Cooperate with other organizations, individuals and students’ families in education and training.

8. Enable lecturers, executive officers, other employees and students to participate in social activities in appropriate fields of education.

9. Preserve and develop the national culture heritage.

10. Perform other duties according to the regulations of the Law.

Article 7. Entitlements and responsibilities of private universities

Private universities have the autonomy for planning for development, educational and training activities, scientific and technological activities, finance, foreign relationship, organization and personnel. i.e.:

1. Formulate and carry out plans for development pursuant to the educational development strategy and university network planning of the government.

2. Develop programs, textbook, schedule for the approved fields of education according to the framework issued by the Ministry of Education and Training; arrange entrance exams; Run courses, recognize graduation of students, issue professional qualifications according to the regulations of the Minister of Education and Training.

3. Mobilize, manage and use resources in order to achieve educational objectives; cooperate with domestic and foreign business organizations, educational institutions,  culture, fitness & sport organizations, health facilities, scientific research institutions in accordance with the regulations of the Law in order to improve the educational quality, combine education with scientific research, manufacture and services for the socio-economic development.

4. Perform scientific and technological tasks assigned by the competent agencies; use efficiently the budget for developing science and technology; enter into and execute contracts for scientific and technological activities in order to contribute to the scientific and technological development of Vietnam.

5. Have intellectual property rights protected; transfer and announce results of scientific and technological activities; Protect the interests of the Government and society, individuals’ lawful rights and interests during educational and scientific activities.

6. Receive financial support according to the regulations of the Law; make contribution in the form of money, assets and value of intellectual property rights to the activities of science - technology, manufacture and business; invest in the expansion of business and facilities with the income from business activities; Support the students from families being beneficiaries of preferential policies, and charity activities.

7. Receive land from the state; Rent land, receive loans, and be entitled to tax exemption and reduction according to the regulations of the Law.

8. Establish the structure and personnel; establish and disband the scientific and technological organizations, service provision units and other affiliated businesses according to the regulations of the Law.

9. Ensure democracy, equality, and transparency during training, scientific, and financial activities.

10. Report on the operation to the direct management agency according to current regulations.

Chapter 2:

REQUIREMENTS AND PROCEDURES FOR ESTABLISHING PRIVATE UNIVERSITIES

Article 8. Process for establishing private universities

The university establishment process includes two steps as follows:

1. Step 1: Making and approving pre-feasibility study

a) The applicant for permission to establish the university establishment must compile a dossier prescribed in Clause 1 Article 9 of this Regulation and submit it to The Ministry of Education and Training.

b) The Ministry of Education and Training shall check the satisfactoriness of the dossier and consider the university network planning and the content of the dossier. Within 02 months from the receipt of satisfactory dossier, the Ministry of Education and Training shall make a response to the applicant. In case the dossier is not satisfactory, the Ministry of Education and Training is responsible for provide the applicant guidance on compiling the dossier.

2. Step 1: Making and assessing feasibility study  

a) The formulation of feasibility study shall be carried out after the Prime Minister approves the pre-feasibility study and grants permission to establish the university. The feasibility study must provide clear explanation for the issues prescribed in Clause 2 Article 9 of this Regulation and be submitted to The Ministry of Education and Training.

b) The Ministry of Education and Training shall take charge and cooperate with the Ministry of Planning and Investment, Ministry of Home Affairs, the Ministry of Finance, and the People’s Committee of the province in which the university is planned to be located in assessing and then submit the assessment to the Prime Minister for considering.

3. After receiving the decision on establishment of the university, the Minister of Education and Training shall:

a) Recognize the President of the Board of Directors at the proposal of the applicant who represents for the founders.

b) Recognize the principal at the proposal of the President of the Board of Directors.

c) Approve the fields of education, enrolment scale and give permission to enroll.

4. President of the Board of Directors and the principal shall manage the university according to the functions and duties prescribed in this Regulation.

Article 9. Application for university establishment

1. A dossier of pre-feasibility study includes:

a) Request for permission for university establishment;

b) The pre-feasibility study on university establishment;

c) Approval of the People’s Committee of the province in which the university is planned to be located.

The request for permission to establish the university must explain the necessity of establishing the university, the legal foundations of the establishment, guideline, purpose, name and location of the university, fields of education and scale for first 5 years and the following 5 years, estimated capital.

2. A dossier of feasibility study includes:

a) Apart from the contents mentioned in the pre-feasibility study, the feasibility study must be formulated according to the approved scale in the pre-feasibility study and the requirements for university establishment prescribed in Article 10 of this Regulation, for the purpose of producing solutions for carrying out the project, especially for the fields of education for the first 10 years, framework program of fields of education, lecturers, land, facilities and capital.

b) Draft a Regulation on organization and operation for the university. The Regulation on organization and operation of the university must be made on the basis of the general regulations in Regulation on organization and operation of private universities issued by the Prime Minister.  The points of charter capital, organization, personnel and finance prescribed in Article 11 and relevant Articles in Chapter II, III, VI of this Regulation must be particularly explained.

Article 10. Requirements for private university establishment

1. A private university may be established when all the requirements prescribed in Article 46 of the Law on Education, University Charter and this Regulation are met.

2. The private university establishment must be conformable with the university network planning; objectives, programs, fields of education and development scale of the university must be suitable for the demand for providing human resources at college level for the purpose of the socio-economic development.

3. The number of full-time lecturers must be sufficient for conducting at least 30% the total number of classes of the university. The Chiefs of the Departments of the university must be the full-time lecturers.

Depending on each field for education, at the time of establishment the university must ensure having 1 lecturer for every 5 - 10 students regarding to arts and physical fields; for every 10 – 15 students regarding to the fields of engineering, science and technology; for every 20-30 students regarding to the fields of social science and humanities, economy and other.

Article 11. Capital for university establishment

1. The charter capital is the capital contributed by an individual or a group of individuals and recorded in the Charter of organization and operation of private universities. The charter capital is determined by the capital in the form of money (Vietnam Dong or convertible foreign currencies), gold, or assets, which total value is not below 15 billions of Vietnam Dong.

2. Before a private university is established, its charter capital and other legal capital sources must meet the requirements for the operation of the university. The capital in the form of land contributed for the educational activities must satisfy the following requirements:

- The area of classrooms, labs, dorms and other buildings for studying must be at least 4 m² per student;

- The area for every student in a training field must be at least 10 m2;

3. The contribution of capital in the form of money (Vietnam Dong or convertible foreign currencies) or gold must be recorded in writing. The records must have the following contents: Name and address of the university; name and address of the contributors; form and unit of contributed assets; total value of the contributed assets and its ratio to the charter capital; date of contribution; signature of the contributor and the representative elected by the contributors, who take legal responsibility for the university establishment.

4. The assets used as capital contribution must be assessed before being contributed to the university. The assessment of the asset values must be agreed among the contributors. The transfer of ownership of the capital in the form of money, gold or assets shall be considered completed only when the legal ownership of such capital belongs to the university.

5. With regard to the assets of which the values are registered or land, the contributor must follow the procedures for transferring the ownership of such assets or land to the university at the competent State agencies. The transfer of ownership of assets must be completed before the university starts operating officially.

Article 12. Establishment, merger, separation, suspension and dissolution of private universities

1. The establishment, merger, separation, suspension and dissolution of private universities shall be decided by the Prime Minister at the request of the Minister of Education and Training.

2. The procedures for the establishment, merger, separation, suspension and dissolution of private universities shall be followed according to Clause 1 and Clause 2 Article 20, Article 21 and Article 22 in the Decree no. 43/2000/NĐ-CP dated August 30, 2000 of the Government providing instructions on the implementation of a number of articles in the Law on Education; Articles 8, 9, 10, 11, 12 and Article 37 of this Regulation.

Article 13. Conversion of other types of universities into private universities

Universities other than private universities may be converted into private universities when the following requirements are met:

1. Public and semi-public universities shall be converted into private universities in accordance with the universities network planning of the Government, plan for conversion of the Ministry of Education and Training and at the request of direct management agencies and/or the Board of Directors (if any)

2. Non-public universities shall be converted into private universities at the request of the Board of Directors, the direct management agencies and the organizations founding the universities.

3. The conversion plan must be made in which the solutions for finance, properties, lecturers, executive officers, other employees and students of the universities are clarified.

4. The request and procedures for conversion shall comply with the regulations in Articles 8, 9, 10 and 11 of this Regulation.

5. After assessing the request for conversion, The Ministry of Education and Training shall submit the assessment to the Prime Minister for considering.

6. The Ministry of Education and Training shall take charge and cooperate with the relevant Ministries and Departments in making regulations and establishing procedures for the conversion of types of universities into private universities.

Chapter 3:

ORGANIZATION AND PERSONEL

Article 14. Organizational structure

Private universities shall structure their organization in conformity with the requirements for organizational structure prescribed in the University Charter and their specific conditions and scale.

Organizational structure of a private university includes:

1. The Board of Directors

2. The Principal and vice-principals

3. The Control Board

4. The Board of science & training.

5. Departments

6. Faculties and majors of the university.

7. Majors of faculties. Some private universities may have only faculties and majors of the universities.

8. Scientific and technological organizations, supportive facilities and affiliated businesses.

9. Communist Party organizations and unions

Article 15. Shareholder general assemblies

1. A shareholder general assembly is the assembly of shareholders having the right to vote.

2. The shareholder general assembly has the following tasks and entitlements:

a) Elect, dismiss members of the Board of Directors and of the Control Board of the university; respond to the irregular requests for adding and/or replacing members of the Board of Directors and then request competent authorities for considering approval;

b) Approve annual financial statement;

c) Approve Regulation on organization and operation of the university.

d) Decide the objectives, orientations of plans for the development of the university; consider changing fields, levels, scale of education, orient the scientific and technological activities of in accordance with the development strategy of the university;

dd) Take on other tasks and entitlements prescribed in the Regulation on organization and operation for the university.

3. The shareholder general assembly shall be convened at the decision of the Board of Directors or the request of the shareholders having over 30% of contribution for at least 06 consecutive months; in case the Board of Directors commits a serious violation and other cases prescribed in Regulation on organization and operation of the university, the Control Board may notify the Board of Directors and convene an irregular Shareholder general assembly.  All the expense of Shareholder general assembly shall be account for the expenditures of the university.

4. The Shareholder general assembly must be convened once every year.

5. The convener of the shareholder general assembly must send invitation, agenda and materials to all the shareholders having right to attend the Assembly at least 07 days prior to the assembly.

6. The shareholder general assembly shall only be open when the attendants having at least 51% of Voting contribution in total. The specific percentage shall be prescribed in the Regulation on organization and operation of the university.

7. The shareholder general assembly shall be recorded in the university’s minute book and approved before closing the assembly; the approval for decisions of the shareholder general assembly in the form of voting shall take effect when it is agreed among the shareholders having more than half of Voting contribution in total. The meeting minutes must be signed by the presiding person and the secretary.

Article 16. Boards of Directors

1. A Board of Directors is the management office of the university and the only representative for the ownership of the university, who is responsible for implementing resolutions of the shareholder general assembly and making decisions on the issues of organization, personnel, finance, assets, plans and orientation for the development of the university according to the regulations.

2. Members of the Board of Directors are the healthy Vietnamese shareholders who are elected from the shareholder general assembly.

3. The number of members in the Board of Directors may vary between 03 and 11 depending on the number of shareholders. The tenure of the Board of Directors shall be prescribed in the Regulation on organization and operation of the university.

4. The members of the Board of Directors in the first tenure shall be elected in a ballot among the founders. From the second tenure onward, 03 months prior to the expiry of the tenure, the Board of Directors shall convene Shareholder general assembly in order to hold a ballot for members of the Board of Directors for the next tenure. The election resolution passed in the ballot shall take effect only when it is agreed among the shareholders having more than half of voting contribution in total.

5. The Board of Directors must meet once every 03 months. Irregular assemblies shall be convened by the President of the Board of Directors if requested by at least one third of the members of the Board of Directors.  A Resolution of the Board of Directors shall be voted by all members of the Board of Directors and passed when it is agreed among more than half of the members of the Board of Directors.  If the numbers of affirmative votes and negative votes are equal, the final decision shall be made by the President of the Board of Directors.

6. During a tenure, if there is any request for adding or replacing members of the Board of Directors, it must be decided in a ballot among the members of the shareholder general assembly and approved when it is agreed among the shareholders having more than half of Voting contribution in total.

7. During the operation, if the Board of Directors commits serious violation against this Regulation and the Law, the Minister of Education and Training shall decide to repudiate the Board of Directors and the incumbent President, establish a provisional Board of Directors and a provisional President among the shareholders in order for the provisional Board to manage the operation of the university. The valid period of the provisional Board of Directors is 06 months at maximum. The provisional President of the Board of Directors is responsible for convening an irregular shareholder general assembly in order to elect a new Board of Directors and submit the election result to The Ministry of Education and Training for consideration.

8. Dismissal of members of the Board of Directors

a) A member of the Board of Directors shall be dismissed when that member:

- Commits violation against the Law;

- Dies or is not capable of civil acts;

- Resigns;

- - Other cases of dismissal are prescribed in the Regulation on organization and operation of the university.

b) Members of the Board of Directors shall be dismissed according to the regulation of the Regulation on organization and operation of the university.

c) In case the number of members of Board of Directors is reduce more than one third compared to the number prescribed in the Regulation on organization and operation of the university, the President of Board of Directors must convene a Shareholder general assembly within 60 days from such reduction date in order to fill the Board of Directors.

Article 17. Tasks and entitlements of Boards of Directors

A Board of Directors has the following tasks and entitlements:

1. Make Regulation on organization and operation of the university with the approval of the shareholder general assembly.

2. Establish policies, standard, norms of receipts and expenditures of the university according to the regulations of the Law and financial management policy.

3. Implement resolutions of the Shareholder general assembly.  Attract investment in the development of the university, approve the annual estimate and balance sheet submitted by the principal; supervise the management of finance and assets of the university.

4. Appoint the principal and submit the decision on appointment to the Minister of Education and Training.

5. Approve the organizational structure, payroll and other issues related to personnel raised by the principal.

6. Establish the basic rules for settling issues of education, scientific research, technological development, facility improvement and external affairs of the university.

7. Supervise the adherence of the principal to the regulations of the Law and implementation of the resolutions of the Board of Directors.

Article 18. Control Boards

1. Every private university shall establish a Control Board.

The Control Board shall have 03 to 05 members elected by the Shareholder general assembly, at least one of them must be specialized in accounting.

The members of the Control Board must be Vietnamese shareholders having residences in Vietnam, who is not facing a criminal prosecution, in prison or involve to other violations against the Law.

A member in the Control Board must not be a member of the Board of Directors, the Principle, Chief accountant of the university, or a member of their family.

2. The Control Board is responsible for supervising and inspecting the operation of the university.

3. The Control Board shall elect a Head from its members; the tenure of the Board is the same as the tenure of the Board of Directors.

Article 19. Tasks and entitlements of Control Boards

The Control Board has the following tasks and entitlements:

1. Inspect the rationality and validity of the management of the university’s activities through the accounting books and financial statements;

2. Verify the annual financial statement of the university; check every specific issue related to the management and operation of the university;

3. Periodically report the operation to the President of the Board of Directors; Refer to the opinions of the Board of Directors on the reports, conclusions and proposals before submitting them to the Shareholder general assembly.

4. Read the reports on the operation of the university in the Shareholder general assembly.

5. Propose measures for improving the organizational structure, the management of the university;

6. Take on other tasks and entitlements prescribed in this Regulation and the Regulation on organization and operation for the university.

7. Do not impede and interrupt the operation of the Board of Directors and the university when carrying out the inspection prescribed in Clauses 1 & 2 this Article.

8. Take responsibility before the Shareholder general assembly, the Board of Directors and the personnel for the content in the reports and its activities;

9. Request the Board of Directors, members of Board of Directors, the principle and other administrative officers to provide adequately the information, materials on the operation of the university in a timely manner.

Article 20. Presidents of the Boards of Directors

1. The President of the Board of Directors is elected from the members of Board of Directors and recognized by the Ministry of Education and Training. The President of the Board of Directors shall also take charge of the principal when he/she satisfy the requirements for holding the principal position.

2. The President of the Board of Directors must have the moral quality and a bachelor’s degree or above.

3. The President of the Board of Directors has the following tasks and entitlements:

a) Establish programs, plans for the operation of the Board of Directors;

b) Prepare programs, agenda and materials for the meetings of Board of Directors, invite the attendants and preside the meetings;

c) Approve the resolutions of the Board of Directors;

d) Steer the implementation of the approved resolutions of the Board of Directors;

dd) Take on other tasks and entitlements prescribed in this Regulation and the Regulation on organization and operation for the university.

4. If the President of the Board of Directors needs to be absent, he/she must delegate the tasks and entitlements to the Vice-President (If any) or a member of the Board of Directors in writing.

If the President of the Board of Directors can no longer take on the assigned tasks or no delegation is made, the vice-President of the Board of Directors (if any) or the principal shall hold a ballot for electing temporary President from the members of the Board. The result takes effect when it is agreed among more than half of the members of the Board. The result shall then be reported to the Ministry of Education and Training for approval. The valid period of the delegation or the temporary President of the Board of Directors is 06 months maximum from the approval date.

5. President of the Board of Directors has right to use the university’s apparatus and stamp to work in the functions and duties of the Board of Directors.  The documents and decisions of the Board of Directors must be signed by the President of the Board of Directors.

6. The President of the Board of Directors is the representative who takes legal responsibility for every activity of the private university.

Article 21. Principals

1. The principal of a private university must have a doctoral degree, a title of associate professor or above, at least 05 years experiences in educational management in universities for levels of major and above, moral quality, good health and is not a state official or civil servant.

2. The Principal of a private university shall be appointed with the agreement of over half of the members of the Board of Directors in a ballot and recognized by the Minister of Education and Training.

3. The principal of a private university shall manage the university's activities, perform assigned duties, take responsibility before the Board of Directors, The Ministry of Education and Training and the legal responsibility for the performance.

4. Apart from the tasks and entitlements prescribed in Articles 6 & 7 of this Regulation and the University Charter, the principle of a private university has the following tasks and entitlements:

c) Implement the resolutions of the Board of Directors;

b) Plan for the apparatus, payroll and personnel of the university and submit the plan to the Board of Directors for approval. Decide to recruit staff according to the regulations of the Law and the plan approved by the Board of Directors;

c) Establish measures for the mobilization, management and use of resources, the assurance of quality and effectiveness of the education, activities of science – technology, and submit the measures to the Board of Directors for approval.

d) Take care of the works of accounting, managing finance and property according to the regulations of the Law.

dd) Make annual estimate and balance sheet, then submit them to the Board of Directors for approval. Carry out the financial plans in conformity with the norms approved by the Board of Directors.  Periodically report the finance and the operation of the university to the Board of Directors and relevant management agencies according to the regulations.

e) Comply with the regulations of the legislation on labor – wage, rate, insurance, scholarship, tuition, social benefits, policies for rewarding and disciplining lecturers, executive officers, other employees and students of the university.

g) Comply with the regulations of the Law and the Regulation of The Ministry of Education and Training on enrolment, training, examination, recognition for graduation and qualification issuance; promulgate the regulations for the purpose of managing the operation of the university;

h) Take the measures for ensuring order, security and safety in the university;

i) If necessary, the principal may reserve the disagreement with a decision of the Board of Directors and report the situation to the Minister of Education and Training.

Article 22. Vice-principals

1. The Vice-principals are the assistants to the principal. A vice-principal of private universities must a bachelor’s degree and above, moral quality and good health. The vice-principal who takes charge of scientific study and education must satisfy the same requirements for title and degree as the principal. A vice-principal is proposed for appointing by the principal and approved by the President of the Board of Directors.

2. A vice-principal has the following tasks and entitlements:

a) Assist the principal in managing the operation of the university, directly take charge of a number of tasks assigned by the principals.

b) Take responsibility before the Law and the principal for the tasks assigned by the principal.

Article 23. Science & Training Councils.

1. The Science & Training Council of a private university includes: the Principal, the vice-principals, the Chiefs of Faculty, the Heads of Department, the professors and associate professor, the doctors, the main lectures of the university and some of scientists, educational manager and representatives of socio-economic organizations who are interest and expert in education.  

2. The Science & Training Council is established under the approval of the principal who is also the president of the Council.  The tenure of the Science & Training Council shall be the same as the tenure of the principal.

3. The Science & Training Council is an advisory organization, who advises the principal on:

a) Planning and strategy for the development of the university; Training programs and their objectives; long-term and annual plan for educational, scientific and technological activities;

b) Refresher courses for the tenured lecturers, executive officers and other employees of the university.

4. The members of the Science & Training Council of the university have right to make proposal relation to the plans and duties of the Council.

5. The Science & Training Council must meet once every 06 month and be convened by the President of the Council.

6. The conclusions of the President of the Science & Training Council in the meetings must be informed to the faculties and majors

Article 24. Departments, faculties and majors

The functions and duties of the departments, faculties and majors of a private university shall be the same as those of public universities. Depending on the educational scale and duties of the university, the principal shall propose the Board of Directors for the organizational structure of the departments, faculties and majors in order to carry out well the operation of the university.

Article 25. Scientific and technological organizations, supportive facilities and affiliated businesses of private universities.

1. Scientific and technological organizations are the organizations for the purpose of study and development, scientific and technological services, which are established and operate in accordance with the Law on science and technology and perform the duties prescribed in the University Charter.

2. Affiliated businesses of private universities are established for the purpose of performing the educational duties and carrying out the operation of the universities according to the regulations of the Law.

3. Other supportive facilities:

a) Private universities are allowed to have data centers supporting the educational, scientific and technological activities.  Data centers are responsible for managing, updating and providing information, materials in the scientific and technological fields in Vietnam and abroad in the courses of the universities; Collecting and preserving  books, magazines, tapes, disks, defended thesis, the universities’ publications and other documentations; providing instruction and managing works of the intellectual property rights of the universities. Data centers shall operate according to the Regulation issued by the principal and the regulations of the Government;

Private universities are allowed to have facilities supporting the educational activities, scientific and technological researches in conformity with the conditions of the universities.

Chapter 4:

LECTURERS, EXECUTIVE OFFICER, OTHER EMPOLYEES AND STUDENTS

Article 26. Lecturers

1. Lecturers of private universities must satisfy the requirements for moral quality, qualification and health, They have the tasks and rights prescribed in the regulations of the University Charter and the regulations in Articles 61, 62, 63, 64 of the Law on Education and relevant law provisions.

2. Before running the first course, the number of full-time lecturers of a private university must ensure conduct at least 30% of the total number of classes in the first year, 50% within the next 05 years. Within 10 years from the opening, the university must have sufficient full-time lecturers in order to satisfy the requirements for educational activities, scientific and technological research.

3. Full-time lecturers are recruited according to the regulations of the Law; entitled to receive wage, social insurance, medical insurance and benefits in the proportion to their contribution and have rights to participate in activities held by social organizations and unions according to the regulations of the Law.

4. The working time in the previous job of lecturers, who were in the state payroll before moving to private universities, shall be aggregate with the working time in the private university for the later enjoyment of social insurance benefits.

5. The lecturers of private universities must comply with the policies and guidelines of the Communist Party, the Law, the University Charters, the Regulations of the Ministry of Education and Training, the Regulation on organization and operation of the private universities and the regulations issued by the principals.

6. The lecturers of private universities satisfying standards according to the regulations of the Law shall be considered to be awarded the titles of Professor, Associate Professor, and other honorary titles.

7. Private universities are allowed to invite scientists, experts in education or management to give lectures and do researches in the universities.

Article 27. Staff

1. Tenured and contracted staff of Private universities shall be entitled to receive wage, social insurance, medical insurance and receive benefits in the proportion to their capital contribution, participate in social organizations and unions according to the regulations of the Law.

2. The staff of private universities must comply with the policies and guidelines of the Communist Party, the Law, the University Charters, the Regulations of the Ministry of Education and Training, the Regulation on organization and operation of the private universities and the regulations issued by the principals.

Article 28. Duties and rights of students

1. Students of private universities have the duties prescribed in the regulations of the University Charters and the Universities; i.e.

a) Study and exercise according to the programs and schedules of the universities;

b) Comply with the Law, the Regulations of The Ministry of Education and Training and the universities;

c) Take part in laboring and social activities that suitable for their age, health and capabilities.

d) Pay the tuition fee according to the regulations;

dd) Preserve and protect the universities' assets, contribute to the preservation and promotion of the universities' traditional;

2. Students of private universities have the following rights:

a) Provide sufficiently information related to the study in a timely manner;

b) Skip grade for accelerating the study, enter postgraduate education according to the regulations of the Ministry of Education and Training.

c) Use equipment for experimenting, practicing and supporting the activities of culture, fitness, sport of the universities according to the regulations of the universities;

d) Take part in the activities held by social organizations and unions according to the regulations of the Law.

dd) Take part in founding unions, make proposals for the measures for the development of the universities and the protection of the reasonable rights and interests of the students;

e) Be beneficiaries of the social policies according to the regulations of the Government.

g) Advance the study to the upper level, look for jobs as the students in public universities.

Chapter 5:

ACTIVITIES OF EDUCATION, SCIENCE, TECHNOLOGY AND INTERNATIONAL COOPERATION

Article 29. Educational activities

1. The official language used in private universities is Vietnamese. In the foreign cooperation programs, training programs for languages and foreign cultures and some fields of education, the language used for education can be a foreign language or a domestic ethnic language according to the regulations of The Ministry of Education and Training .

2. Private universities may provide training in the fields approved by the Ministry of Education and Training; Enroll students in conformity with the scales of the universities, which are approved by the Ministry of Education and Training

3. Private universities shall develop training programs, schedule on the basis of the framework issued by the Ministry of Education and Training.

4. g) Private universities shall be responsible for the enrolment, the management of the education process, the evaluating exams, the recognition of students’ graduation and the issuance of qualifications according to the regulations of the Ministry of Education and Training.

Article 30. Scientific activities

1. Private universities are allowed to carry out scientific and technological activities, scientific advisory services and transfer of technology, businesses in the fields of education of the universities according to the regulations of the Law on science and technology.

2. Private universities are allowed to establish centers of research and development, affiliated businesses according to the regulations of the Law. The management of the Data system, magazines and other publications about science, textbooks, materials which support educational , scientific and technological activities must comply with the regulations of the Law and other provisions of the Ministry of Education and Training. 

3. Private universities must formulate annual plans, long-term and mid-term plans for the scientific and technological activities of the universities, report the plans to the Ministry of Education and Training and the Ministry of Science and Technology

Article 31. International cooperation

The private universities having duties of international cooperation are allowed to invite professors, scientist, foreign experts to give lectures and do scientific researches sciences in the universities, send lecturers, executive officers, other employees and students oversea for giving lectures or studying according to the regulations of the Government.

Chapter 6:

FINANCE AND ASSETS

Article 32. Financial practice

1. Private universities shall enjoy financial autonomy and must comply with regulations of law on bookkeeping, statistics, fulfill financial obligations to the State and relevant provisions

2. Private universities are allowed to receive loans from credit institutions in order to develop the facilities, improve the quality of education, carry out the scientific researches and business activities.

3. Private universities shall be funded by the Government for the duties assigned by the Government.

Article 33. Financial resources

1. Capital contributed by the shareholders and the financial income from the annual activities of the universities.

2. Other financial resources:

a) Tuition fee and charges paid by the students according to the regulations of the Law;

b) The receipts from the activities of educational cooperation, scientific researches, transfer of technology; experimental manufacture and other businesses according to the regulations of the Law.

c) Interest on deposits in banks, State Treasuries and credit institutions;

c) Investments, aids, sponsorships, donations, gifts (in cash or in kind) received from domestic and foreign entities;

e) Loans taken from/granted by banks, credit institutions and individuals;

g) Other legal receipts.

Article 34. Expenditure

1. Wages, allowances, remunerations, bonuses, social insurance & medical insurance of employees, costs of refresher course for the employees of the universities.

2. Scholarships, rewards given to the students.

3. Expenses of activities of culture, fitness and sport.

4. Expenses of activities of education, vocational training, scientific research, use of technology in education.

5. Expense of administrative management.

6. Facility rentals, purchases assets, charges of maintenance and repair of facilities, fixed assets, educational equipment.

7. Fixed asset depreciation

8. Payment for debts and their interests.

9. Spending on charity activities.

10. Other expenses in accordance with the regulations of the Law.

Article 35. Management of finance and assets

1. A private university’s money and assets are derived from the resources prescribed in Article 33 of this Regulation.  The regulations on spending and using assets shall be decided by the Board of Directors.

2. Private universities are responsible for sending their annual financial statements to the governing bodies and local financial authorities.

3. Annual estimate and financial statements shall be submitted by the principal to the Board of Directors for approval.

4. Annually, the assets of the universities shall be inventoried, valuated, audit. They may be sold in order to recover capital serving the operation of the university.   Private universities may decide the accelerate depreciation for fixed assets in order to recover capital, but it must not exceed the maximum rate of depreciation according to the regulations of the Law applied to enterprises. Private universities must establish internal financial practice in order to manage their finance.

5. All the assets of the private universities shall be owned by the investors and under the protection of the Government according to the regulations of the Law.

6. The policy of financial disclosure and financial inspection shall be carried out regularly as well as irregularly by the Control Board.  The inspection of the use, increase and decrease of the capitals and assets of the private universities shall be carried out by the financial authorities according to the regulations of the Law.

Article 36. Income and use of income

The total income after deducting necessary expenses of the operation of private universities is prescribed in Article 34, which shall be used as follows:

1. Fulfill obligations to the State budget.

2. Establish development investment budgets and other budgets according to the Resolutions of the Board of Directors.

3. The remaining amount shall be distributed to the contributors in the proportion to their contributions.

Article 37. Transfer of ownership and capital withdrawal

1. A shareholder has right to transfer part of or the whole of his/her capital contribution to another person in accordance with the following rules:

a) The shareholder wanting to transfer part of or the whole of his/her capital contribution must transfer such contribution to the other shareholders at the agreed price at the time of transfer.

b) He/she is only allowed to transfer his/her capital contribution to a person other than a shareholder when the other shareholders do not buy or cannot afford all the capital contribution.

2. If a shareholder wants to withdraw his/her capital contribution with legitimate reasons, the withdrawal must be approved in a Resolution of the meeting of the Board of Directors after receiving ayes of at least two thirds of the members.

3. In case a university is dissolved, the finance and assets shall be handled in accordance with according to the regulations of the Law on enterprise dissolution.

Chapter 7:

INSPECTION, COMMENDATION, REWARD AND PUNISHMENT

Article 38. Inspection

1. Private universities are responsible for carry out inspection of the universities’ operation according to current provisions.

2. Private universities shall be inspected by the competent State agencies.

Article 39. Responsibilities pertaining to legal status.

Private universities must not let any individual or organization to use the name or the facilities of the universities for illegal activities that inconsistently with the principles and purpose of the universities.

Article 40. Commendations and reward

Individuals or groups (staff) of private universities, who have achievements in contributions to the education, and students, who have achievements in academic and scientific research, shall receive commendations and rewards according to the regulations of the Law

Article 41. Punishment

When there are clear evidences showing that a private university does not adhere to the Law and the regulations of The Ministry of Education and Training; does not satisfy minimum requirements for facilities, equipment, personnel for the purpose of educational operation; cannot ensure the hygiene and safety, depending on the nature of violation, the Minister of Education and Training shall:

1. Issue a written warning.

2. Suspend the enrolment

3. Request the Prime Minister to suspend the operation of the university or dissolve it.