Circular No. 02/2022/TT-BGDĐT stipulates conditions, procedures, and formalities for opening training programs at the bachelor's, master's, and doctoral levels, and suspending operations of such training programs.

CIRCULAR

Regulations on conditions, procedures, and processes for opening training programs, suspending operations of training programs at bachelor's, master's, and doctoral levels

  đperiodi bachelor's, master's, doctoral

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Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Higher Education Law dated June 18, 2012; the Law Amending and Supplementing Certain Provisions of the Higher Education Law dated November 19, 2018;

Pursuant to Decree No. 69/2017/NĐ-CP dated May 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 99/2019/NĐ-CP dated December 30, 2019 of the Government detailing and guiding the implementation of certain provisions of the Law Amending and Supplementing Certain Provisions of the Higher Education Law;

7. Components of a training program include a group of courses and other learning and research activities with common characteristics in specialized fields; clearly playing a role in achieving a set of goals and requirements of the training program. These components are used to design the overall structure of the training program (such as general education, basic sciences, core subjects, internships and experiences, scientific research, and other components).

The Minister of Education and Training issues this Circular to regulate the conditions, procedures, and processes for opening training programs, suspending operations of training programs at bachelor's, master's, and doctoral levels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the conditions, procedures, and processes for opening training programs, suspending operations of training programs at bachelor's, master's, and doctoral levels.

2. This Circular applies to higher education institutions; other educational institutions permitted to train at bachelor's, master's, and doctoral levels; academies established by the Prime Minister under the Law on Science and Technology that are permitted to train at the doctoral level (hereinafter referred to collectively as training institutions); and related organizations and individuals.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. The list of training programs is the Level IV education and training catalog for higher education levels, issued by the Ministry of Education and Training.

2. A training program is a collection of specialized knowledge and skills within the scope of professional activities, science, and technology, classified and listed in the catalog of training programs.

3. A group of training programs is a collection of several training programs with common characteristics in terms of specialization within the scope of professional activities, science, and technology, classified and listed in the Level III education and training catalog within the national education system's education and training catalog as prescribed by the Prime Minister.

4. A field of training is a collection of groups of training programs with common characteristics in terms of specialized knowledge and skills within the scope of professional activities, science, and technology, classified and listed in the Level II education and training catalog within the national education system's education and training catalog.

5. A suitable doctoral-level training program for a proposed undergraduate/master's level training program is a program with the same name and the last six digits of the program code in the catalog of training programs; if the program has not been trained domestically at the doctoral level or does not have many graduates, the suitable program is the one with the closest content of specialized knowledge and belongs to the same group of training programs as the proposed undergraduate/master's level program. For training programs in the Teacher Education group (undergraduate level), the suitable doctoral-level program is the corresponding major program or the Theory and Teaching Methods of Subject (of the corresponding major).

6. A suitable doctoral-level training program for a proposed doctoral-level training program is the proposed program; if the proposed program has not been trained domestically or does not have many graduates, the suitable program is the one with the closest content of specialized knowledge and belongs to the same group of training programs as the proposed program.

Components of a training program include a group of courses and other learning and research activities with common characteristics in terms of specialization; they play a clear role in achieving a set of objectives and outcomes of the training program. These components are used to design the overall structure of the training program (such as general education, basic sciences, core and main subjects, internships and experiences, scientific research, and other components).

Full-time lecturers in opening a training program include permanent lecturers and full-time lecturers under fixed-term labor contracts of at least twelve months currently working full-time at the training institution (hereinafter referred to collectively as full-time lecturers), specifically as follows:

a) Permanent lecturers are defined according to point e, Clause 1, Article 10 of Decree No. 99/2019/NĐ-CP dated December 30, 2019, of the Government detailing and guiding the implementation of certain provisions of the Law Amending and Supplementing Certain Provisions of the Higher Education Law.

b) Full-time lecturers under fixed-term labor contracts of at least twelve months, working full-time at the training institution according to current regulations of the Ministry of Education and Training regarding the working system of university lecturers throughout the academic year at the time of submitting the application to open a program, and simultaneously not signing labor contracts with other employers for a term of three months or more.

Invited lecturers in opening a training program are those who do not fall under the provisions of Clause 8 of this Article but sign invited lecturer contracts with the training institution in accordance with the law, teach according to the assigned schedule at the time of submitting the application to open a program, and are paid salaries or fees by the training institution according to the invited lecturer contract.

Lecturers with appropriate specialization to teach the training program are those who have been trained at the appropriate level and in the appropriate field with specialized knowledge suitable to teach the courses in the proposed training program; they must also have at least two years of teaching experience at the university level for the corresponding courses in the proposed training program or have relevant scientific works published in domestic or international specialized journals within five years from the date of submitting the application to open the training program.

Chapter II

CONDITIONS FOR OPENING TRAINING PROGRAMS

Article 3. General Conditions

Training institutions must meet general conditions when opening a training program at the bachelor's, master's, or doctoral level, including:

1. Regarding the proposed training program and training level

a) It must be consistent with the demand for human resources for socio-economic development at the local, regional, and national levels and ensure consistency with the approved and announced human resource development plan of ministries, sectors, or localities (if any), and be consistent with the functions, tasks, and development strategy of the training institution.

b) Included in the Statistics Catalogue of Training Programs (except where there are specific provisions by the Government or the Prime Minister); the proposal to add new training programs to the Statistics Catalogue of Training Programs shall be carried out in accordance with the Circular stipulating the Statistics Catalogue of Training Programs for higher education.

2. Regarding the teaching staff

a) Having a sufficient number of qualified teaching staff to organize and implement the training program (including full-time and visiting lecturers), meeting the requirements for teaching staff as prescribed by the standards of the training program for the level, field, group of disciplines, and training discipline, among which visiting lecturers (calculated annually) may only undertake up to 30% of the teaching load in each component of the training program; for training disciplines under the Arts field (as specified in Appendix 1 issued together with this Circular), visiting lecturers may undertake up to 40% of the teaching load in each component of the training program;

b) For training programs for ethnic minority teachers in Vietnam, training programs in Vietnamese Language, Literature, and Culture, training programs in Foreign Languages, Literature, and Culture, training programs in Physical Education and Sports (as stipulated in the Statistics Catalogue of Training Programs), and training programs under the Arts field, they shall comply with the provisions of point a of this clause and the following regulations:

- Lecturers who have been awarded the title of People's Artist or National Artisan or People's Teacher by the State, and simultaneously hold a Master's degree in a relevant field corresponding to the proposed training program, may replace a lecturer with a Doctorate degree and need not be the main lecturer responsible for developing and implementing the training program (for undergraduate training programs); or simultaneously hold a Doctorate degree in a relevant field corresponding to the proposed training program, may replace a lecturer with the title of Associate Professor and need not be the main lecturer responsible for developing and implementing the training program;

- Specifically, for training programs in ethnic minority languages in Vietnam under the Vietnamese Language, Literature, and Culture discipline group, lecturers must be from ethnic minorities or individuals knowledgeable about the language and culture of the ethnic minority corresponding to the language and culture of the proposed training program, and simultaneously hold a Master's degree, may replace a lecturer with a Doctorate degree and need not be the main lecturer responsible for developing and implementing the training program (for undergraduate training programs); or simultaneously hold a Doctorate degree, may replace a lecturer with the title of Associate Professor and need not be the main lecturer responsible for developing and implementing the training program;

c) For training programs under the Health field (as stipulated in the Statistics Catalogue of Training Programs), lecturers and instructors guiding practical courses related to diagnosis and treatment must have a medical practice certificate, and must be currently working directly at healthcare facilities that meet the conditions to be practical training bases in health training programs according to the Government's regulations on organizing practical training in health training programs;

3. Regarding infrastructure

a) Having physical facilities, equipment, libraries, and textbooks that meet the requirements for teaching, learning, and research as required by the training program, complying with the infrastructure requirements as prescribed by the standards of the training program for the field, group of disciplines, and training discipline, and the regulations stipulated in this Circular;

b) Having sufficient classrooms, laboratories, practical rooms, experimental production bases, information technology systems, learning management support systems, and other necessary equipment to meet the requirements for teaching, learning, and scientific research as required by the training program, suitable for the scale of training at each level of training, and having a plan for using classrooms, laboratories, and practical rooms with specific areas and equipment for each laboratory and practical room, suitable for the number of students conducting experiments and practical work at each table and each piece of equipment in each laboratory and practical room, in accordance with the scale of training as required by the training program for each academic year of the course;

c) Having cooperation agreements for practical training with external practical training bases suitable for the teaching, learning, and scientific research plans for the entire course; for practical training bases for training programs under the Health field, they must have principle agreements on practical training to ensure compliance with the Government's regulations on organizing practical training in health training programs;

d) Having traditional and electronic libraries ensuring sufficient textbooks and supporting materials for teaching, learning, and research for lecturers and students; having access rights to domestic databases of books and scientific journals related to the training discipline, meeting the requirements of the discipline and training level, suitable for the scale of training; starting from the 2023-2024 academic year, training institutions must have access rights to international databases of books and scientific journals related to the training discipline, meeting the requirements of the discipline and training level, suitable for the scale of training;

đ) Having an electronic information website publishing all information required to be disclosed according to the Ministry of Education and Training's regulations and other relevant laws;

4. The proposed training program must be developed, reviewed, and promulgated in accordance with the regulations of the Ministry of Education and Training, meeting the standards of the training program for the field, group of disciplines, and training discipline, and being consistent with the National Qualifications Framework of Vietnam;

5. The training institution must have a specialized unit at the department level or equivalent to manage professional activities, teaching staff, students, and other management tasks for the proposed training program;

6. The training institution must meet the minimum requirements and conditions as currently prescribed by the Ministry of Education and Training to be ready to switch to online teaching while ensuring the quality of training as stipulated;

7. The Board of Directors has passed a resolution approving the policy of opening the training program of the training institution. In cases where the training institution does not yet have a Board of Directors, it must have a document approving the policy of opening the training program from the direct supervisory authority of the training institution.

Article 4. Conditions for opening undergraduate training programs

Training institutions must meet general conditions to open training programs as stipulated in Article 3 of this Circular and the following specific conditions at the time of submitting the application to open a program for the entire duration of the program:

1. There must be at least one full-time lecturer with a Doctorate in the relevant field who has not been counted as a full-time lecturer for other undergraduate training programs (in cases where the proposed program is a combined program from different subject groups, or a multi-disciplinary program included in several subject groups simultaneously, each component must have at least one full-time lecturer with a Doctorate in the relevant field), with at least three years of experience in university teaching or training management, responsible for leading the development and implementation of the training program.

2. There must be at least five full-time lecturers with Doctorates in relevant fields to lead the teaching of the program (including the Doctorate holder specified in Clause 1 of this Article), among which each component of the training program must have a lecturer with expertise to lead the teaching. Specifically, for training programs in minority ethnic languages in Vietnam, Vietnamese Language, Literature, and Culture, Foreign Languages, Literature, and Culture, Physical Education and Sports (as specified in the List of Training Programs), and Art (as specified in Appendix 1 attached to this Circular), there must be at least three full-time lecturers with relevant expertise.

3. The teaching staff implementing the training program (as stipulated in point a, Clause 2, Article 3 of this Circular) must ensure sufficient numbers for the first two years of the program, and each course must have at least two lecturers with relevant expertise to handle it, ensuring the student-to-lecturer ratio as prescribed; there must be plans and solutions for recruiting and developing teaching staff for subsequent years of the program to ensure that by the start of the third year, at least one year before the beginning of the new academic year, there will be adequate numbers and quality of teaching staff to implement the training program for each year of the program. Specifically, for training programs in the Health, Law, and Education Science and Teacher Training fields (as specified in the List of Training Programs), they must fully meet the conditions regarding the teaching staff to implement the training program (as stipulated in point a, Clause 2, Article 3 of this Circular) for the entire duration of the program at the time of submitting the application to open the program.

For training programs in the Health field, they must meet the conditions stipulated in Clauses 1, 2, and 3 of this Article and ensure specific conditions regarding lecturers for each training program as specified in Table 1, Appendix 2 attached to this Circular. For training programs in the Law field, they must meet the conditions stipulated in Clauses 1, 2, and 3 of this Article and have at least three full-time lecturers with expertise in the Law field.

The physical facilities conditions as stipulated in point b, Clause 3, Article 3 of this Circular must be sufficient for the first two years of the program, and there must be plans and solutions for investing in physical facilities and purchasing equipment for subsequent years of the program to ensure that by the start of the third year, at least one year before the beginning of the new academic year, the physical facilities conditions required by the training program for each year of the program will be fully met. Specifically, for training programs in the Health, Law, and Education Science and Teacher Training fields, they must fully meet the physical facilities conditions (as stipulated in point b, Clause 3, Article 3 of this Circular) for the entire duration of the program at the time of submitting the application to open the program.

For training programs in the Health field, they must meet the conditions stipulated in Clause 5 of this Article and ensure specific conditions regarding laboratories and practical training facilities for each training program as specified in Table 2, Appendix 2 attached to this Circular. For training programs in the Law field, they must meet the conditions stipulated in Clause 5 of this Article and ensure the availability of moot court rooms and legal practice (consultation) centers.

Article 5. Conditions for opening a master's program

The training institution must meet the general conditions to open a program as stipulated in Article 3 of this Circular and the following conditions for the entire course at the time of submitting the application to open the training program:

1. Have at least five full-time professors in the relevant field (for programs training ethnic minority language teachers in Vietnam, Vietnamese Language, Literature and Culture, Foreign Languages, Literature and Culture, Physical Education and Sports, and Arts fields, there must be at least three full-time professors in the relevant field), including one professor or associate professor with at least three years of experience in university teaching or training management, responsible for leading the development and implementation of the training program.

2. Ensure the quantity and quality of faculty members to implement the training program, including full-time faculty members with appropriate expertise leading each subject and course within the program.

3. Ensure the number and standards of thesis advisors as prescribed in the current regulations on master’s degree admissions and training issued by the Ministry of Education and Training.

4. Have already trained and awarded bachelor's degrees in the corresponding field, or a related field if the bachelor's program does not exist in the Statistical List of Training Fields.

5. If the training institution cannot meet the conditions stipulated in Clause 4 of this Article, it must explain its superior fulfillment of other conditions compared to the provisions of this Circular and other domestic training institutions, including: faculty team (quantity, level, professional reputation); facilities serving training and research; scientific research capacity and results; international cooperation; number of training fields and graduates who have been awarded master's degrees from the institution; priority fields or those urgently needed for national socio-economic development. The Ministry of Education and Training will verify, inspect, and decide on opening the program in such cases.

Article 6. Conditions for opening a doctoral program

The training institution must meet the general conditions to open a program as stipulated in Article 3 of this Circular and the following conditions for the entire course at the time of submitting the application to open the training program:

1. Have at least one professor or two associate professors and three full-time professors in the relevant field (for programs training ethnic minority language teachers in Vietnam, Vietnamese Language, Literature and Culture, Foreign Languages, Literature and Culture, Physical Education and Sports, and Arts fields, there must be at least one professor or one associate professor and two full-time professors in the relevant field), including one professor or associate professor with at least three years of experience in university teaching or training management, responsible for leading the development and implementation of the training program.

2. Ensure the quantity and quality of faculty members to implement the training program, with instructors participating in teaching meeting the standards for doctoral-level teaching faculty as prescribed in the current regulations on doctoral admissions and training issued by the Ministry of Education and Training to teach the contents in the training program, including full-time faculty members with appropriate expertise leading each subject and course within the program.

3. Ensure the number and standards of doctoral student advisors as prescribed in the current regulations on doctoral admissions and training issued by the Ministry of Education and Training.

4. Have already trained and awarded master's degrees in the corresponding field, or a related field if the master's program does not exist in the Statistical List of Training Fields.

5. If the training institution cannot meet the conditions stipulated in Clause 4 of this Article, it must explain its superior fulfillment of other conditions compared to the provisions of this Circular and other domestic training institutions, including: faculty team (quantity, level, professional reputation); facilities serving training and research; scientific research capacity and results; international cooperation; number of training fields and graduates who have been awarded doctoral degrees from the institution; priority fields or those urgently needed for national socio-economic development. The Ministry of Education and Training will verify, inspect, and decide on opening the program in such cases.

Chapter III

PROCEDURES AND REQUIREMENTS FOR OPENING TRAINING PROGRAMS,

  SUSPENDING THE OPERATIONS OF TRAINING PROGRAMS

Article 7. Construction, proposal, and approval of policies to open training programs

1. The Rector, Institute Director, or School Principal (collectively referred to as the Principal) shall direct and organize the construction and proposal of policies regarding the opening of training programs.

2. The content of the policy proposal for opening a training program includes:

a) Regarding the necessity of proposing a policy to open a training program: a report analyzing and explaining the demand for training, the need for human resources serving the current labor market and future trends; analyzing and forecasting the demand for human resources in terms of quantity, level, and the requirements for graduates' capabilities that employers expect and the scope of the human resource market according to the training program; analyzing global industry development trends, compatibility with the development of the industry and the level of training at the institution, alignment with the mission and strategic goals of the institution, economic and social development strategies of the industry, locality, region, and the entire country;

b) Regarding the capacity of the training institution: a report analyzing and explaining the current capacity of the institution for the proposed training program and level, including the teaching staff, infrastructure, educational technology, training curriculum, scientific research, business cooperation, and international cooperation;

c) Regarding the development objectives of the proposed training program: a report explaining the expected results concerning the time to open the training program, the implementation schedule of the training curriculum, training objectives, enrollment plans and numbers, the scale of training over the next five to ten years, training quality, effectiveness, and social impact;

d) Regarding solutions and implementation timelines: a report explaining the solutions and timelines for developing the proposal to open a training program, building the training curriculum, investment needs and plans for infrastructure, technology, and learning materials, recruitment needs and plans, and the development of teaching staff to meet the conditions for opening the training program, plans for evaluating and accrediting the training curriculum;

e) Regarding preventive measures and risk management: a report analyzing and explaining forecasts of potential risks and preventive and corrective measures; a detailed analysis of risk management solutions in cases where the training institution is suspended from operating the training program;

3. The Scientific and Training Council of the training institution shall organize the review and conclude on the policy proposal to open a training program that has been constructed to ensure completeness and quality as stipulated in Clause 2 of this Article and relevant current laws.

4. Approval of the policy to open a training program

Based on the policy proposal to open a training program that has been reviewed and concluded by the Scientific and Training Council as stipulated in Clause 3 of this Article, the Principal shall report to the University Council for approval; the University Director shall report to the University Council for approval for training programs involving multiple units. The University Council bears responsibility for the following contents:

a) The direction for developing the proposed training program must align with the development direction of the institution, ensuring compatibility with the human resource needs of Ministries, sectors, localities, the entire country, and international integration;

b) Ensuring resources to implement the plan to open a training program effectively;

c) Evaluating the forecasted risks, preventive measures, and methods of handling risks when opening a training program. In cases where the training institution does not have a University Council, the institution shall submit to the directly managing authority for approval and bear responsibility for managing, inspecting, and supervising the construction and implementation of the plan to open a training program.

5. The training institution shall specify the details of constructing and proposing policies to open training programs, specifying the planning, assignment of tasks, implementation timeline, anticipated products, and organization of implementation for each content of constructing and proposing policies to open training programs (as stipulated in Clause 2 of this Article). This includes provisions on responsibilities, authorities, and collaboration between collectives and individuals within the institution in constructing and proposing policies to open training programs, specific provisions on the responsibilities and working principles of the Scientific and Training Council in reviewing (as stipulated in Clause 3 of this Article) proposals to open training programs of the institution.

Article 8. Building a proposal and preparing conditions for opening a training program

Based on the approved policy to open a training program, the Principal or University Director (for training programs involving multiple units) shall direct and organize the construction of the proposal to open a training program. The content of the proposal to open a training program includes:

1. Basic information about the training institution: a brief introduction to the training institution.

2. The necessity of opening a training program: a summary report on the approved policy to open a training program.

3. Conditions for the training program to open a training program: the Principal of the training institution shall direct and organize the construction, review, and issuance of the training program, ensuring compliance with the provisions of the Higher Education Law, regulations of the Ministry of Education and Training, and relevant current laws.

4. Conditions for the teaching staff and scientific personnel to open a training program

a) Based on the regulations regarding the conditions for teaching staff in opening a training program as stipulated in this Circular and the actual conditions of the institution, the Principal of the training institution shall direct and organize the preparation of the teaching staff and scientific personnel to meet the conditions for opening a training program corresponding to each level of training as stipulated in this Circular and relevant current laws.

b) Develop plans, determine timeframes, implementation schedules, and commitments to implement, assign specific tasks to units, organizations, and individuals within the training institution, and organize the implementation of recruitment, signing contracts, developing teaching staff and scientific personnel teams, ensuring quantity and quality according to the training program requirements, assigning teaching duties in accordance with the teaching, learning, and research plans of lecturers and students for each academic year throughout the entire course, consistent with the scale of training, meeting the conditions for opening training programs as stipulated in this Circular, the regulations of the training institution, ensuring compliance with relevant current laws, and must be committed to implementation in the proposal to open training programs.

5. Conditions regarding physical infrastructure for opening training programs

a) Based on the provisions regarding physical infrastructure conditions for opening training programs as stipulated in this Circular and the actual conditions of the training institution, the rector of the training institution directs and organizes the investment in physical infrastructure to meet the conditions for opening training programs corresponding to each level of training as stipulated in this Circular and relevant current laws;

b) Develop plans, determine timeframes, implementation schedules, and commitments to implement, assign specific tasks to units, organizations, and individuals within the training institution, and implement the investment in physical infrastructure, ensuring quantity and quality according to the training program requirements, consistent with the teaching, learning, and research plans of lecturers and students for each academic year throughout the entire course, consistent with the scale of training, meeting the conditions for opening training programs as stipulated in this Circular, the regulations of the training institution, ensuring compliance with relevant current laws, and must be committed to implementation in the proposal to open training programs.

6. Conditions regarding organizational management structures for opening training programs

a) Determine specialized departments at the faculty level or equivalent to manage professional activities, lecturers, students, and other management tasks related to the proposed training program;

b) Assign professional managers and delegate responsibilities and authorities to the collective and individual professional managers to manage and organize professional activities related to the proposed training program.

7. Plans and solutions to prevent, mitigate, and handle risks when opening training programs

a) Report analyzing the situation of socio-economic development, forecasting possible changes, analyzing the strengths and weaknesses of the training institution and other related contents, thereby predicting potential risks that may occur when opening a new program and implementing enrollment and training, along with general solutions to promptly prevent risks and propose specific proactive measures to prevent and handle risks when they occur;

b) Report detailing risk handling solutions in the event the training institution is suspended from operating the training program, including specific plans and solutions to protect the rights of students, lecturers, the training institution, and related parties.

8. Supporting evidence accompanying the proposal

a) The resolution of the school council or university council approving the policy to open a new training program or the approval document of the direct management agency of the training institution (in cases where the training institution does not have a school council);

b) Minutes of the scientific and training council's review of the proposal to open a new training program;

c) Decision to establish the construction council and the review council; minutes of the review council's review of the training program; decision to issue the training program;

d) List of teaching staff and scientific personnel meeting the conditions for opening a new training program as stipulated in Clause 4 of this Article, including information according to the reporting form specified in Section 1 (on teachers) and Section 2 (on research results) of Appendix 3 issued together with this Circular; copies of employment decisions or labor contracts, certified true copies of diplomas issued by Vietnamese training institutions or foreign training institutions, and certificates recognizing diplomas issued by competent authorities;

đ) Statistical table on physical infrastructure and equipment for experiments, practices, internships prepared to meet the conditions for opening a new training program as stipulated in Clause 5 of this Article, including information according to the reporting forms specified in Section 3 (on physical infrastructure, equipment, library facilities serving the implementation of the training program) of Appendix 3 issued together with this Circular;

e) Principle contract for practical training in accordance with the Government's regulations on organizing practical training in health education (for proposals to open training programs in the health field).

9. The training institution specifies the process of building a proposal to open a new training program, including the development of plans, assignment of tasks, implementation timelines, expected products, and organization of plan implementation, responsibilities, authorities, and coordination between collectives and individuals within the training institution in building the proposal and preparing conditions for opening a new training program, monitoring, evaluating implementation results, handling adjustments, and making decisions on each content of the proposal as stipulated from Clause 1 to Clause 8 of this Article during the process of building the proposal to open a new training program of the training institution.

Article 9. Review of the Proposal to Open a Training Program

1. The Scientific and Training Council organizes the review of the proposal to open a new training program, wherein the review council must consider and evaluate the actual conditions of the training institution based on the provisions of this Circular, the regulations of the training institution, and relevant current laws, assess the degree of compliance with the requirements for conditions to be met for opening a new training program for each specific content of the proposal, including reviewing the conditions regarding the name of the training program, the training curriculum, the teaching staff, physical infrastructure, readiness to switch to online teaching and learning, and organizational management work for the proposed training program.

2. The results of the scientific council's assessment of the training program proposal must be reflected in the minutes of the assessment and include a specific conclusion on whether the training institution has met the conditions to open a new training program according to this Circular, the institution's regulations, and current laws. During the assessment process, the scientific council must verify actual conditions and review concrete evidence before concluding, and simultaneously report to the institution's rector and bear responsibility for explaining the assessment results.

3. The training institution shall specify the principles of operation of the scientific council when organizing the assessment of the training program proposal, clearly defining the responsibilities and authorities of the council and its members.

Article 10. Documents for Opening a Training Program

The documents for opening a training program include:

1. The document proposing to open a training program: summarizes the process of developing the proposal, reports affirming that all necessary conditions have been ensured to open the training program, and requests the competent authority to make a decision.

2. The training program proposal has been assessed according to Article 9 of this Circular, ensuring all contents as prescribed in Article 8 of this Circular.

3. A letter from the university approving the principle (for affiliated units of the university when opening a training program in the Health field or the Teacher Training group).

Article 11. Approval of the Program Proposal and Decision to Open a Training Program

1. For training institutions that meet the conditions to independently open programs (at each level of education) as stipulated in Clause 3, Article 33 of the Higher Education Law (amended and supplemented in 2018); provisions in the Government Decree detailing and guiding the implementation of certain articles of the amended Higher Education Law and other related laws (excluding programs in the Health field, the Teacher Training group, Security and Defense fields, or cases where the training institution is an affiliated unit of a university when opening a program with multiple affiliated units participating in the curriculum), the following shall apply:

a) The rector of the training institution decides on the opening of programs at the institution for higher education programs when the institution meets all conditions to open programs as prescribed in this Circular and other relevant laws;

b) The rector of the training institution specifies the procedures for submitting the program opening dossier for reporting and making decisions on program openings within the institution.

2. For training institutions that are affiliated units or directly subordinate units of universities (collectively referred to as units) that do not meet the conditions to independently open programs according to the Higher Education Law and other related laws, or cases where the training institution is an affiliated unit of a university when opening a program with multiple affiliated units participating in the curriculum (excluding programs in the Health field, the Teacher Training group, Security and Defense fields), the following shall apply:

a) The unit submits the program opening dossier to the university for reporting and requesting the university to decide on allowing the opening of the training program;

b) The university director decides on the opening of programs for units that meet all conditions to open programs as prescribed in this Circular and the university's regulations;

c) The university director specifies the procedures for submitting the dossier for reporting on program openings and making decisions on program openings within the university.

3. For training institutions that do not meet the conditions to independently open programs (except for units under universities), or during the period they are not allowed to independently open programs due to violations leading to disqualification according to the Higher Education Law and other related laws, or for opening programs in the Health field, the Teacher Training group, Security and Defense fields, the following shall apply:

a) The training institution sends one set of the program opening dossier to the Ministry of Education and Training via direct submission, postal service, or the Ministry’s Online Public Service Portal;

b) The Ministry of Education and Training receives and assesses the dossier; if necessary, the Minister of Education and Training decides to organize an inspection team to verify the quality assurance conditions at the training institution. Specifically, for opening programs in the Health field, the Ministry of Education and Training seeks the opinion (in writing) of the Ministry of Health regarding the demand for human resources in the proposed program and the organizational conditions for practical training in the Health field as prescribed by the Government;

c) Within thirty working days from the date of receipt of the program opening dossier from the training institution, the Minister of Education and Training issues a decision to allow the opening of the training program if the dossier is complete and meets the conditions to open the program as prescribed in this Circular and other relevant laws. If the dossier is incomplete or does not meet the conditions to open the program as prescribed, the Ministry of Education and Training will notify the training institution in writing about the status of the dossier and the non-compliant contents.

Article 12. Suspension of Training Program Activities

1. An educational institution shall have its training program activities suspended for a program that has already been established when there is a conclusion from a competent state agency regarding the violation of the institution in any of the following cases:

a) Self-regulated establishment of a program without meeting the conditions to self-regulate such establishment as stipulated in Clause 3, Article 33 of the Higher Education Law (amended and supplemented in 2018) and detailed regulations issued by the Government to implement certain provisions of the amended Higher Education Law;

b) Self-regulated establishment of a program without meeting one of the conditions for establishing a training program as stipulated in this Circular and other relevant laws (including all conditions that must be committed to in the proposal for establishing a training program as stipulated in this Circular).

2. The Minister of Education and Training shall decide to suspend the training program activities of an educational institution that has been concluded by a competent state agency to have violated the provisions set out in Clause 1 of this Article, specifying clearly the reasons, scope, duration of suspension, and publicly announcing it through mass media.

3. An educational institution whose training program activities are suspended under Clauses 1 and 2 of this Article must take measures to ensure the rights and legitimate interests of students, teachers, managers, and staff of the institution, and may not self-regulate the establishment of a training program during a period of five years from the date of the conclusion by a competent state agency on the violation of the institution.

4. After the suspension period of the training program activities, if the cause leading to the suspension of the training program activities is resolved and the institution ensures all conditions for establishing a training program as stipulated in this Circular and other relevant laws, the Minister of Education and Training shall decide to allow the resumption of training program activities. If the suspension period expires without the Ministry of Education and Training deciding to allow the resumption of training program activities, and the institution wishes to continue enrolling and organizing training for the program, the institution must prepare all conditions for establishing the program and re-execute the procedures and formalities for establishing the program according to this Circular and other relevant laws.

5. For a training program that has already been established but the institution does not organize enrollment or does not enroll any students for three consecutive years (for undergraduate programs) and five consecutive years (for master's or doctoral programs), the decision to establish the program of the institution will become invalid. If the institution wishes to continue enrolling and organizing training for the program, the institution must re-execute the procedures and formalities for establishing the program according to this Circular and other relevant laws.

Chapter IV

IMPLEMENTATION

Article 13. Establishment and Implementation of Regulations by Educational Institutions

Based on this Circular and other relevant current regulations, training institutions shall be responsible for:

1. Establishing, promulgating, and implementing regulations on conditions, procedures, and formalities for establishing training programs at various levels of higher education based on advice from the scientific council and training board and internal management regulations, specifically detailing and possibly requiring higher standards but not conflicting with the provisions of this Circular; specifying the powers and responsibilities of collectives, units, and individuals in establishing training programs and disciplinary measures for collectives, units, and individuals related to establishing training programs.

2. Implementing commitments according to the proposal for establishing a training program.

3. Fulfilling the responsibility for evaluating the quality and accrediting training programs as stipulated in Clause 5, Article 33 of the Higher Education Law (amended and supplemented in 2018); fulfilling the responsibility for ensuring the quality of education as stipulated in Article 50 of the Higher Education Law (amended and supplemented in 2018).

4. Organizing internal inspections and audits of the implementation of training program establishment activities, implementation of commitments according to the proposal for establishing a training program, and quality assurance work in accordance with current laws; being subject to supervision, inspection, and audit by the Ministry of Education and Training and other competent agencies according to current regulations.

5. Implementing explanations as stipulated in the Government Decree detailing and guiding the implementation of certain provisions of the Law amending and supplementing certain provisions of the Higher Education Law and other relevant laws.

Article 14. Reporting, storage, and public disclosure of information

1. Within ten days from the date of issuing the decision to open a training program as prescribed, the training institution shall report to the Ministry of Education and Training (except for programs decided by the Ministry of Education and Training) and the direct management agency:

a) The decision to open the training program;

b) The proposal to open the training program;

c) The website address where the training institution has publicly disclosed relevant contents regarding the opening of the training program.

2. For undergraduate training programs that have been opened: from the second academic year (counting from the date of issuing the decision to open the program) until the end of the first cohort, before the start of each new academic year, the training institution must report to the Ministry of Education and Training and the direct management agency on the preparation of sufficient conditions in terms of faculty and physical facilities to implement the training program for the opened program according to the plan and timeline committed in the proposal to open the program, including the contents stipulated in Clause 3 and Clause 5, Article 4 of this Circular to serve management and post-audit work (excluding cases of opening undergraduate programs in the fields of Health, Education Sciences and Teacher Training, Security, Defense, and Law, or opening master's and doctoral training programs).

3. Before December 31 of each year, the training institution shall report to the Ministry of Education and Training and the direct management agency on the decisions to open training programs that have become invalid (if any) of the training institution, as prescribed in Clause 5, Article 12 of this Circular to serve management work, including the following contents: decision number; date of issuance of the decision; issuing authority; name of the program; level of training; reasons for the decision to terminate the validity of the program opening.

4. The training institution is responsible for storing and preserving the files related to the opening of the training program, documents related to the opening of the training program, and accompanying evidence, including evidence of meeting the conditions for opening the training program, ensuring compliance with current laws.

5. The training institution shall disclose on its website and update information into the national database on higher education as follows:

a) Disclose the regulations on conditions, procedures, and processes for opening training programs and suspending operations of training programs at all levels of higher education on its website at least 45 days prior to implementation;

b) Within five days from the date of issuing the decision to open the training program or receiving permission to open the training program from the competent authority, the training institution must disclose on its website the following contents:

- The decision to open the training program;

- Key contents of the approved proposal to open the training program, including: entry standards, exit standards, and curriculum outline; list of faculty implementing the program; list of physical facilities and equipment serving training and scientific research; projected enrollment and training plans for the first five years; location of training and list of practical and internship locations;

- Update information about the opening of the training program and the proposal to open the training program of the training institution into the national database on higher education.

6. For training institutions under the Ministry of National Defense and the Ministry of Public Security, the implementation of reporting, storage, and public disclosure of information as prescribed in this Circular must ensure requirements for protecting state secrets as prescribed.

Article 15. Implementation Provisions

1. This Circular takes effect from March 4, 2022.

2. This Circular replaces Circular No. 22/2017/TT-BGDĐT dated September 6, 2017, issued by the Minister of Education and Training, stipulating conditions, procedures, and processes for opening training programs and suspending admissions, revoking decisions to open undergraduate training programs; and Circular No. 09/2017/TT-BGDĐT dated April 4, 2017, issued by the Minister of Education and Training, stipulating conditions, procedures, and processes for opening training programs or specializations and suspending admissions, revoking decisions to open training programs or specializations at the master's and doctoral levels.

3. The Director of the Office, the Head of the Department of Higher Education, heads of units related to the Ministry of Education and Training; rectors of universities and academies; presidents of university colleges; directors of research institutes authorized to train doctoral students; presidents or directors of other educational institutions permitted to train at the bachelor's, master's, and doctoral levels; organizations and individuals related to this matter are responsible for enforcing this Circular.