Quyết định 86/2000/QD-TTg

DECISION

ISSUING THE REGULATION ON PEOPLE-FOUNDED UNIVERSITIES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Education Law of December 2, 1998;
Pursuant to the Government’s Decree No. 15/CP of March 2, 1993 on the tasks, powers and State management responsibility of the ministries and ministerial-level agencies;
At the proposal of the Minister of Education and Training,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on people-founded universities.

Article 2.- The Minister of Education and Training shall assume the prime responsibility and coordinate with the Minister of Finance as well as concerned ministries and branches in detailing the implementation of this Regulation.

Article 3.- This Decision takes effect 15 days after its signing. All previous regulations contrary to this Regulation are hereby annulled.

Article 4.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision.

REGULATION

ON PEOPLE-FOUNDED UNIVERSITIES
(Issued together with the Prime Minister’s Decision No. 86/2000/QD-TTg of July 18, 2000)

Chapter I

GENERAL PROVISIONS

Article 1.- People-founded universities are higher-education institutions which are established by social, socio-professional or economic organizations (hereinafter collectively called organizations) which mobilize teachers, scientists and investors together to contribute their efforts, funding and initial material bases from sources outside the State budget. People-founded universities are legal persons enjoying autonomy in deciding their organizational structure, labor recruitment and financial matters. Their assets are under collective ownership of their investors, lecturers, officials and employees.

Article 2.- The Prime Minister decides the establishment of people-founded universities at the proposal of the Minister of Education and Training.

Article 3.- People-founded universities belong to the national educational system of the Socialist Republic of Vietnam, and submit to the State management over education by the Ministry of Education and Training and educational management agencies according to the responsibility assignment and division by the Government and concurrently to the administrative management by territory of the People’s Committees of the provinces and centrally-run cities (hereinafter called provincial People’s Committees for short) where they are based.

People-founded universities have legal person status, their own seals and may open accounts at commercial banks or State treasuries for transaction.

Article 4.- People-founded universities are equal with public universities in tasks and rights of the schools, of the lecturers and students in the implementation of training objectives, contents, curricula and methodologies and regulations relating to enrolment, teaching and learning, tests, examinations for recognition of graduation, awarding of diplomas; are entitled to incentive policies toward non-public educational-training establishments according to the Government’s stipulations.

Chapter II

CONDITIONS AND PROCEDURES FOR ESTABLISHMENT OF PEOPLE-FOUNDED UNIVERSITIES

Article 5.- A people-founded university set up after the issuance of this Regulation must meet all the following conditions:

1. The university establishment plan conforms to the general planning of the network of universities and meets the human resource demand in service of the local and national socio-economic development.

2. The training objectives, curricula and scale are in line with the national higher-education development orientation.

3. There are sufficient initial conditions regarding the contingent of managerial personnel, lecturers, material and technical bases and capital.

The Ministry of Education and Training shall coordinate with the Ministry of Finance as well as concerned agencies in specifying these conditions.

Article 6.- When meeting the conditions stated in Article 5 of this Regulation, organizations applying for establishment of people-founded universities shall send dossiers to the Ministry of Education and Training. Such a dossier consists of:

1. An application for establishment of the university, clearly indicating:

a/ The university’s name;

b/ Guiding principles for and goals of the university’s activities;

c/ Location of the university;

d/ Expected disciplines and professions to be trained and scope of activity;

e/ Expected enrolment.

2. The university establishment plan as prescribed in Article 5 of this Regulation.

3. The university’s draft Statute on organization and operation.

4. The competent level’s written certification that the university’s initial technical and material bases are compatible with the expected enrolment according to the corresponding minimum norms currently applicable to public universities as well as the potential of investment to develop the university.

5. The land use dossier or a written agreement of the competent agency on assigning the land use right for construction of the university.

6. A tentative list of members of the university’s Managing Board, Principal and organizational structure; biographies of the Managing Board members and managerial personnel, which are certified by the agencies directly managing such personnel.

7. A list of staff lecturers and science workers, enclosed with their commitments to participate in lecturing at the university.

8. A written commitment to build the university within ten years into an institution corresponding to its projected training scale, disciplines and professions.

Article 7.- The Ministry of Education and Training shall receive dossiers, assume the prime responsibility and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, the Government Commission for Organization and Personnel, the provincial People’s Committee of the locality where the university is to be based as well as concerned agencies in organizing the evaluation thereof then submitting them to the Prime Minister for consideration and decision.

Article 8.- After obtaining the Prime Minister’s decision on establishment of a university, the Minister of Education and Training shall examine the proposals of the organization applying for establishment of such university in order to:

1. Decide to recognize the Managing Board and its chairman.

2. Decide to recognize the Principal.

3. Approve the university’s Statute on organization and operation.

4. Approve the training plan, disciplines and professions as well as the enrolment compatible with the university’s conditions.

5. Issue a decision permitting the university to enroll students.

Article 9.- After one year from the date the Prime Minister decides the university establishment, if the university fails to obtain all documents specified in Clauses 1, 2, 3 and 4, Article 8 of this Regulation, the Minister of Education and Training shall report it to the Prime Minister for withdrawal of the university establishment decision.

Article 10.- Organizations applying for establishment of universities shall, through their representatives in the Managing Boards, continue together with the Managing Boards and the Principals to be responsible for all activities of the universities. Where a university fails to operate in compliance with its guiding principles and goals, the organization that has applied for establishment of such university may request the State management agencies to examine and handle the case in accordance with law.

Chapter III

ORGANIZATION AND OPERATION

SECTION I. ORGANIZATIONAL STRUCTURE OF UNIVERSITIES

Article 11.- The organizational structure of an university comprises:

1. The Managing Board.

2. The Principal.

The Principal is assisted by:

a/ Vice Principals.

b/ The functional sections and departments.

c/ The Science and Training Council.

3. Several training divisions: faculties, departments and subject sections.

4. Several divisions in service of training, scientific research and development, which are established and operate according to law provisions.

5. Party and mass organizations.

SECTION 2. PARTY AND MASS ORGANIZATIONS

Article 12.- The Communist Party of Vietnam organizations in universities operate under Article 51 of the Education Law.

Article 13.- Social and mass organizations in universities operate under Article 52 of the Education Law.

SECTION 3. MANAGING BOARDS

Article 14.- The Managing Board of a people-founded university is the sole organization representing the university’s collective ownership, has the responsibility and autonomy to decide important matters relating to the organization, personnel, finance and assets of the university.

Article 15.- The Managing Board of a people-founded university comprises at least 7 members, including the following:

1. Representative(s) of the leadership of the organization that has applied for the university establishment.

2. Representative(s) of the financial and property investors in building the university.

3. Representatives of staff lecturers, officials and employees of the university.

4. The Principal.

5. Representative(s) of the grassroots Party Committee in the university.

The Managing Board members are equal in their voting right.

Article 16.- The Managing Board chairman and members must be Vietnamese citizens who have university or higher degrees, good health, the age of 70 years or under when nominated to the Managing Board; and at least 50% of them have once lectured at universities or participated in tertiary education management.

Article 17.- The Managing Board chairman shall be responsible to the State and before law for the Managing Board’s resolutions, assume the prime responsibility for its activities and organize the supervision of the Principal’s executive work. The Managing Board’s resolutions shall be effective only if approved by more than half of the total number of its members.

The Managing Board chairman is entitled to use the organizational apparatus and seal of the university; any documents and decisions of the Managing Board must be signed by its chairman.

Article 18.- The Managing Board has the following tasks and powers:

1. To consider and adjust the training disciplines, professions, levels and scale as well as the university development planning and submit them to the Ministry of Education and Training.

2. To formulate and amend financial revenue and expenditure regimes, criteria and norms according to the State’s regulations applicable to non-public universities.

3. To mobilize capital from various sources for construction of the university; approve annual cost estimates and settlement of final budgetary accounts submitted by the Principal; supervise the management of the university’s finance and assets.

4. To nominate and recommend the recognition or non-recognition of the person holding the post of Principal, and report such to the Minister of Education and Training for decision.

5. To approve the plans on the university’s organizational structure, payroll and personnel-related matters, which are proposed by the Principal.

6. To decide basic principles for dealing with matters relating to training, scientific research, construction of material bases and external affairs of the university.

7. To formulate and amend the university’s Statute on organization and operation, submit it to the Ministry of Education and Training for approval.

8. To oversee the Principal in his/her observance of the regulations of the State and the Ministry of Education and Training as well as the Managing Board�s resolutions.

Article 19.- The Managing Board’s term is 5 years, its members may be re-elected. The Managing Board regularly meets at least once every three months. Extraordinary meetings shall be decided by the Managing Board chairman at the proposal of at least one-third of the total number of the Managing Board members.

Article 20.- The chairman and members of the Managing Board’s first term are nominated by the organization that has applied for establishment of the university, and reported to the Minister of Education and Training for decision on recognition thereof.

Article 21.- From the second term on, the setting up of the Managing Board shall adhere to the following principles: three months before the end of its term, the Managing Board shall base itself on the provisions in Article 15, 16 and 18 of this Regulation, to report to the Ministry of Education and Training on the option, number of members and structure of the Managing Board for the next term. Apart from the natural members mentioned in Clauses 1, 4 and 5 of Article 15, those members mentioned in Clause 2 of Article 15 shall be elected by investors making financial and asset investment in constructing the university; those members mentioned in Clause 3, Article 15, shall be elected by representatives of the university’s staff lecturers, officials and employees.

The Minister of Education and Training shall decide on the recognition of the Managing Board members. The Managing Board chairman is elected by the Managing Board members and reported to the Minister of Education and Training for decision on recognition.

Article 22.- During a term, if there emerges an unexpected need to add or replace a Managing Board member, the Managing Board shall issue a resolution thereon for its chairman to submit it to the Minister of Education and Training for decision on the recognition thereof. If the to be-replaced member is the Managing Board chairman, the Minister of Education and Training shall consult the organization that has applied for the university establishment, every Managing Board member and concerned agencies before deciding on the recognition thereof.

Article 23.- Where there are sufficient grounds on serious violations of the State’s regulations by the Managing Board, the Minister of Education and Training may, after consulting the organization that has applied for the university establishment, issue decisions not to recognize the Managing Board and its chairman, to set up an interim Managing Board and appoint an acting chairman. Within one year, the interim Managing Board must submit to the Minister of Education and Training the list of the official Managing Board members according to the provisions in Article 21 of this Regulation.

SECTION 4. PRINCIPALS

Article 24.- Principals of people-founded universities have the responsibility to directly manage and administer activities of universities. Principals are nominated by the Managing Boards and recognized by decisions of the Minister of Education and Training. The Principal’s term coincides with the Managing Board’s term and nobody is allowed to assume the post of Principal for two consecutive terms.

Article 25.- Principals administer activities of universities, represent their universities before the society and law, are accountable to the Managing Boards, the Ministry of Education and Training and the State for the training quality, the observance of regulations and rules on education and training as well as other activities within their jurisdiction assigned by the Managing Boards.

Article 26.- Principals of people-founded universities must hold the title of associate professor or higher or the doctoral degree, have experiences in and capability for higher-education management, have prestige in the education service, ethical qualities, good health, and the age of 70 years or under when nominated.

Article 27.- A Principal has the following tasks and powers:

1. To organize the implementation of the Managing Board’s resolutions.

2. To recommend to the Managing Board for approval measures to mobilize, manage and use various resources in order to achieve the training objectives, develop the university, and measures to ensure quality and effectiveness of training and scientific research.

3. To observe the Ministry of Education and Training’s regulations on enrolment, organization and management of training, examinations, tests, recognition of graduation and award of diplomas.

4. To make annual cost estimates and budget settlements and submit them to the Managing Board for approval. To organize the implementation of the financial plans already approved by the Managing Board.

5. To propose to the Managing Board for approval the organizational structure, payroll and personnel of his/her university.

6. To issue regulations and rules applicable within his/her university in order to ensure the administration, inspection and supervision of all the university’s activities according to current regulations.

7. To organize the accounting work and manage the university’s finance and assets according to the State’s regulations.

8. To appoint or dismiss persons holding various posts in the university after having the Managing Board’s approval. To decide labor recruitment according to the law provisions.

9. To observe the State’s regulations applicable to non-public universities regarding labor and salaries, wages, scholarships, tuition fees, social allowances, regimes and policies, commendation and discipline of lecturers, employees and students in the university.

10. To make periodical reports on the university’s finance and activities as required by the Managing Board, the Ministry of Education and Training and concerned agencies.

11. To maintain order, security and safety in the university.

12. In case of necessity, the Principal may reserve his/her opinions disagreeing with the Managing Board’s decisions and report them to the Minister of Education and Training.

Article 28.- Principals are assisted by vice-principals. Principals shall nominate their vice-principals for the Managing Boards to approve and submit them to the Minister of Education and Training for decision on recognition thereof. Vice-principals’ term coincide with the Principals’ term.

The number of Managing Board members holding the posts of Principal and vice-principals must not exceed one-third of the total number of Managing Board members.

Article 29.- The science and training councils are set up by decisions of Principals to advise the Principals on running the universities’ activities.

Article 30.- Where having sufficient grounds on serious violations of the State’s regulations by a Principal, the Minister of Education and Training may, after consulting the concerned Managing Board, issue decisions not to recognize the Principal, appoint an acting Principal and at the same time request the Managing Board to nominate a new Principal and submit the nomination to the Minister of Education and Training for decision on the recognition thereof.

SECTION 5. TRAINING AND SCIENTIFIC RESEARCH

Article 31.- People-founded universities enroll and train citizens of the Socialist Republic of Vietnam and foreign citizens lawfully residing in Vietnam according to the regulations of the Minister of Education and Training.

Article 32.- People-founded universities conduct scientific research activities, provide scientific consultancy services, perform technology transfers and carry out production and business activities in conformity with their training disciplines and professions and in accordance with law provisions.

Article 33.- The publishing of periodicals, journals, academic publications, materials and textbooks in service of the universities’ training and scientific research work shall comply with the Publication Law and regulations of the Minister of Education and Training.

Article 34.- The invitation of foreign professors, scientists and specialists to lecture and/or conduct scientific research; the sending of officials to visit, lecture and/or study abroad; and the sending of students to study abroad, shall comply with the Government’s stipulations.

SECTION 6. FINANCIAL MANAGEMENT

Article 35.- People-founded universities shall enjoy financial autonomy on the principle of self-financing to maintain their activities and development.

Article 36.- Assets of people-founded universities comprise assets contributed as capital by investors and assets accrued during the course of operation. Assets of people-founded universities, after subtracting the capital contributed by the collectives, individuals and the expenses for the universities’ activities, including interests on borrowed and contributed capital, are indivisible assets under collective ownership of universities, which are protected by the State according to law provisions; nobody is allowed to appropriate them.

Article 37.- The revenue sources of a people-founded university include:

1. Revenues at the university:

- Tuition fees paid by learners.

- Charges paid by learners.

- Value of contracts for training, scientific research and productive labor.

- Interests on bank deposits.

- Proceeds from liquidation of assets belonging to the university’s capital sources.

- Earnings from service activities (if any).

2. Capital contributed by organizations and individuals (collectively called investors) for investment in developing the university.

3. Financial assistance, aid, donations, presents from organizations and individuals inside and outside the country.

4. Capital borrowed from credit institutions and banks.

5. Other revenues.

Article 38.- Expenditures of a people-founded university include:

1. Regular expenses:

a/ Expenses for the administrative apparatus.

b/ Expenses for training and scientific research activities at the university.

c/ Payment of rents for material bases.

d/ Expenses for the procurement of assets and minor repairs.

e/ Fixed asset depreciation.

f/ Obligations toward the State as prescribed.

g/ Payment of interests on borrowed and contributed capital.

h/ Expenses for rewards and welfare.

i/ Other expenses.

2. Expenses for development investment, including construction and procurement of machinery, equipment and facilities.

Annually, the Managing Board shall prescribe the ratio between regular expenses and development investment expenses.

Article 39.- Assets and all financial revenue and expenditure activities of people-founded universities must be managed, cost-accounted and settled every quarter and every year according to regulations of the Ministry of Finance.

The surplus between revenues and expenditures in annual operations of people-founded universities shall be used to set up compulsory financial reserve funds, with priority given to investment in the universities’ material bases in order to fulfill the commitments to the construction of universities as mentioned in Clause 8, Article 6 of this Regulation and Article 20 of the Government’s Decree No. 73/1999/ND-CP of August 19, 1999, and to repay step by step the borrowed and contributed capital.

Article 40.- Annually, the universities shall draw up revenue and expenditure estimates and open accounting books to monitor revenues and expenditures according to their formed capital sources and assets. All universities’ revenues must be fully reflected in their accounts at banks or State Treasuries. All interests on bank deposits must be incorporated in their revenue source.

Principals are responsible for making quarterly and annual sum-up reports on cost estimates and settlement of accounts and the situation of financial revenues and expenditures, capital and assets for approval by the Managing Boards. Principals shall carry out financial activities at the revenue and expenditure levels already approved by the Managing Boards.

Article 41.-

1. People-founded universities apply a transparent financial regime; the Managing Board of each university shall set up a Financial Inspection Board to conduct regular and irregular examinations of the university’s accounting books and the use of its funding, the situation of increase or decrease of its assets and capital sources, then report thereon to the Managing Board, and at the same time make public all revenues and expenditures to the university’s officials and employees.

2. People-founded universities shall submit to the financial inspection and supervision by the finance agencies according to the State’s regulations.

Article 42.- Principals are the universities’ account holders, are accountable to the Managing Boards for the management of finance and assets of the universities.

Article 43.- In cases of need for asset liquidation, the Principal shall set up a council to determine the prices and mode of asset liquidation then report to the Managing Board for approval.

Article 44.- The Managing Boards themselves shall formulate regulations on financial activities, set revenue and expenditure levels suited to the situation of their universities and in accordance with the State’s regulations applicable to non-public universities, then report them to the Ministry of Education and Training and the Ministry of Finance.

Chapter IV

TASKS AND RIGHTS OF LECTURERS, OFFICIALS AND EMPLOYEES

Article 45.- Principals of people-founded universities recruit lecturers, officials and employees through the form of labor contracts.

Key managerial officials and lecturers, officials and employees working in sections, departments and faculties of people-founded universities are not on the State’s payroll, except for special cases where they are seconded according to the regulations of the Ministry of Education and Training.

Article 46.- Lecturers (both staff and guest) of people-founded universities must meet all prescribed criteria on ethical qualities, professional and specialized qualifications and health; have the tasks and rights as prescribed by law.

At the beginning of the first course, the staff lecturers of a university must undertake no less than 20% of the teaching volume of each subject and no less than 50% over a four years’ time.

The Minister of Education and Training shall provide for the invitation of guest lecturers of people-founded universities as well as the seconding of administrators and teachers from public universities or State agencies to work at people-founded universities.

Article 47.- Staff lecturers, officials and employees of people-founded universities shall enjoy reasonable wage and salary regimes depending on the universities’ operation results, may participate in social and medical insurance, be considered for recognition of the title of professor or associate professor, considered for conferment of the title of People’s Teacher or Emeritus Teacher, the medal "For the Cause of Education", have the teachers’ tasks and rights as prescribed in Section I, Chapter IV of the Education Law.

Chapter V

TASKS AND RIGHTS OF STUDENTS

Article 48.- Vietnamese citizens who fully meet the conditions prescribed in the Enrolment Regulation of the Ministry of Education and Training may register for enrolment in people-founded universities.

Article 49.- People-founded university students have the following tasks:

1. To study and train themselves according to the education plans and curricula of their universities.

2. To abide by the State’s laws; observe the regulations and rules of their universities.

3. To participate in labor and social activities suited to their age, health and capacity.

4. To pay tuition fees.

5. To preserve and protect their universities’ assets.

6. To contribute to building, protecting and promoting the traditions of their universities.

Article 50.- People-founded university students have the following rights:

1. To be fully and timely provided with information on their study like public-university students.

2. To follow postgraduate education, to study at an earlier age, to skip grades, to shorten the time for implementation of their study programs or to discontinue study, according to the regulations of the Ministry of Education and Training.

3. To participate in mass and social organizations’ activities according to law provisions.

4. To have access to their universities’ facilities and means in service of study, cultural, sport and physical training activities.

5. To make recommendations in person or through their organizations on solutions with a view to contributing to building their universities, protecting the learners’ legitimate rights and interests.

6. To enjoy social policies prescribed by the State.

7. To be equal with public university students in the opportunity to have employment.

Chapter VI

INSPECTION, COMMENDATION AND HANDLING OF VIOLATIONS

Article 51.- People-founded universities have to regularly organize self-supervision and self-inspection of their own activities according to current regulations.

Article 52.- The Ministry of Education and Training shall regularly and irregularly supervise and inspect activities of the people-founded universities, settle in time complaints, denunciations and violations according to the Law on Complaints and Denunciations and the Inspection Ordinance.

Agencies, organizations and individuals may lodge complaints, individuals may denounce illegal acts in education activities of universities.

Article 53.- People-founded universities are forbidden to permit any individuals or organizations to abuse their names or use their bases to carry out illegal activities and commit acts of commercializing education activities, for self-seeking purposes, or at variance with the guiding principles and objectives of people-founded universities’ activities.

Article 54.- Individuals and collectives in people-founded universities that have made achievements contributing to the education cause shall be commended according to the State’s regulations.

Article 55.- Where there are sufficient grounds to believe that a people-founded university fails to abide by law, regulations of the Ministry of Education and Training; fails to ensure training quality; fails to ensure the minimum requirements on material bases and facilities in service of teaching and learning activities; fails to ensure hygiene and safety conditions, the Minister of Education and Training shall, depending on the extent of seriousness, have to:

1. Decide the suspension of teaching.

2. Decide the suspension of enrolment.

3. Report the case to the Prime Minister for decision on suspension of the university’s activities or dissolution of the university.

Article 56.- Where a people-founded university is unable to continue its activities, its Managing Board may ask for permission to dissolve according to law provisions.

Article 57.- Where a people-founded university is dissolved, its Managing Board shall have to deal with consequences thereof according to law provisions.