Circular No. 08/2011/TT-BGDĐT stipulates conditions, documents, and procedures for opening majors in university and college education programs, suspending admissions, and revoking decisions to open majors.

CIRCULAR

Regulations on conditions, documents, procedures for opening training programs, suspending admissions, and revoking decisions to open training programs at the bachelor's and college levels to revoke decisions to open training programs at the bachelor's and college levels

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Pursuant to the Education Law dated June 14, 2005; the Law Amending and Supplementing Certain Provisions of the Education Law dated November 25, 2009;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

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

Pursuant to Decree No. 115/2010/NĐ-CP dated December 24, 2010 of the Government stipulating responsibilities for state management of education;

Pursuant to Decision No. 58/2010/QĐ-TTg dated September 22, 2010 of the Prime Minister promulgating the Charter of Universities;

Pursuant to Circular No. 14/2009/TT-BGDĐT dated May 28, 2009 of the Minister of Education and Training promulgating the Charter of Colleges;

At the proposal of the Director of the Department of Higher Education,

The Minister of Education and Training hereby stipulates the conditions, documents, and procedures for opening training programs, suspending admissions, and revoking decisions to open training programs at the bachelor's and college levels, as follows:

Article 1. Scope of Regulation and Applicability

1. This document stipulates the conditions, documents, and procedures for opening training programs, suspending admissions, and revoking decisions to open training programs at the bachelor's and college levels.

2. This document applies to universities, academies, colleges (hereinafter referred to collectively as educational institutions), departments of education and training, and related organizations and individuals.

Article 2. Conditions for considering the opening of a bachelor's degree training program

Universities and academies are considered for opening a bachelor's degree training program when they meet the following conditions:

1. Having a faculty staff capable of teaching at least 70% of the curriculum load, including at least one professor and three lecturers with master's degrees in the registered field.

2. Having a training program for the registered field and detailed syllabi for each course/module within the training program as prescribed in Appendix IV of this Circular.

The name of the training program must be included in the List of Level IV Education and Training Programs at the bachelor's and college levels issued by the Ministry of Education and Training.

In cases where the name of the training program is not included in the List of Level IV Education and Training Programs at the bachelor's level, universities and academies must present scientific arguments about the new training program that have been approved by the Academic Council; practical experience and training experience from other countries, accompanied by a reference training program from at least two universities abroad that have been accredited.

3. Having material facilities and equipment sufficient to meet the requirements of the bachelor's degree training program, specifically:

a) Having classrooms, laboratories, workshops, experimental production bases with necessary equipment to meet the teaching, learning, and research needs of the training program;

b) The school library has a reading room, software, and equipment for borrowing and searching for materials; it has adequate information resources: textbooks, lecture notes, course materials, related documents, and domestic and international journals published in the last ten years to meet the teaching, learning, and research needs of the training program;

c) Having construction projects serving recreational, sports, cultural activities, and health and service facilities to serve faculty members, lecturers, and students;

d) The school website is regularly updated, publicly announcing quality commitments and actual quality of education, publicly disclosing quality assurance conditions, and financial income and expenditure.

4. Having a specialized management unit meeting the professional requirements for managing bachelor's degree training activities. There is a charter for the organization and operation of the institution ensuring the implementation of the training program.

5. Not violating current regulations on admissions, organization, and management of training and other relevant legal provisions within a three-year period prior to the date the educational institution submits the application to open a training program.

6. The registered training program aligns with the human resource development plan of the industry, locality, region, and country.

Article 3. Conditions for considering the establishment of a college-level training program

1. A college shall be considered to establish a college-level training program when it meets the following conditions:

a) Having a faculty team that teaches at least 70% of the training program's workload, including at least 4 lecturers with a master's degree in the registered field;

b) Having a training program for the registered field and detailed syllabi for each course/subject within the training program, constructed according to the provisions set out in Appendix IV of this Circular.

The name of the training program must be included in the List of Level IV Education and Training Programs at the bachelor's and college levels issued by the Ministry of Education and Training.

In cases where the name of the training field is not included in the List of Education and Training Level IV College Degree, the college must present scientific arguments about the new training field approved by the Scientific Training Council; practical experience and training experience from some countries around the world, accompanied by reference training programs from at least two universities or colleges that have been accredited abroad;

c) Having material facilities and equipment ensuring the requirements of the college-level training program, specifically:

- Having sufficient lecture halls, classrooms, functional rooms, laboratories, workshops, and internships with necessary equipment to meet the teaching and learning requirements of each course/subject in the training program;

- The school library has a room for information search, software, and equipment to serve book borrowing and information searching; having adequate sources of information: books, textbooks, lectures of each course, related materials; having domestic and international journals published in the last ten years, meeting the teaching and learning requirements of each course/subject in the training program;

- Having construction projects serving recreational, sports, cultural activities, and health service facilities to serve faculty members, lecturers, and students; offices for lecturers and staff of the school to support management and training work;

- The school's website is regularly updated, publicly announcing quality education commitments and actual quality education, publicly disclosing quality assurance conditions, and financial income and expenditure;

d) Having a specialized management unit that meets the professional requirements for managing college-level training activities. The school's organizational regulations and operations ensure the implementation of the training program;

đ) Not violating current regulations on admissions, organization, and management of training and other relevant legal provisions within three years from the date the training institution submits its application to establish a training program;

e) The registered training field is consistent with the human resource development plan of the region and locality.

2. A university or academy may establish a college-level training program if that field has already been established at the university level according to the decision of the Minister of Education and Training or according to the decision of the University President for universities authorized under Decision No. 3360/QĐ-BGD&ĐT-TCCB dated June 21, 2005 of the Minister of Education and Training.

Article 4. Competence to Decide on Establishing University and College Training Programs

1. The Minister of Education and Training decides to establish university and college training programs when the training institution meets the conditions stipulated in Articles 2 and 3 of this Circular. In special cases, the Minister of Education and Training shall consider and decide on establishing university and college training programs.

2. For universities delegated authority by the Minister of Education and Training pursuant to Decision No. 3360/QĐ-BGD&ĐT-TCCB dated June 21, 2005, the Rector of these universities may decide to establish university and college training programs when the training institution meets the conditions stipulated in Articles 2 and 3 of this Circular.

Article 5. Documents for Registering to Establish University and College Training Programs

When meeting the conditions for establishing university and college training programs stipulated in Articles 2 and 3 of this Circular, the training institution shall prepare the documents for establishing the training program, including:

1. The application for registering to establish a training program from the training institution (Annex I).

2. The proposal for registering to establish a university or college training program (Annex II), including the following contents: The necessity of establishing the training program; the capacity of the training institution; the training curriculum of the registered program; scientific curriculum vitae and accompanying documents.

3. The minutes of the approval of the proposal for registering to establish a university or college training program by the Scientific Council and Training Council of the training institution.

4. The minutes of the inspection and confirmation of the conditions regarding the teaching staff, equipment, and library serving the training program of the local Department of Education and Training (Annex VI).

5. The minutes of the review of the training curriculum by the Curriculum Review Council of the training institution if it is authorized to self-review its curriculum, or by another reputable training institution designated by the Ministry of Education and Training if it is not authorized to self-review its curriculum (Annex VII).

The documents shall be prepared in three copies.

Article 6. Procedure for Considering the Establishment of University and College Training Programs

1. The training institution shall submit three sets of documents to the local Department of Education and Training where the school is located to request an on-site inspection and confirmation of the conditions regarding the teaching staff, equipment, and library serving the training program. At the same time, it shall send a letter requesting the Ministry of Education and Training to permit self-review of the training curriculum (Annex VIII) or requesting the Ministry of Education and Training to designate another reputable training institution to review the training curriculum.

2. Inspection and Confirmation of Actual Conditions Regarding the Teaching Staff, Equipment, and Library Serving the Training Program

a) Within fifteen working days from the date of receipt of complete and valid documents, the Director of the Department of Education and Training shall issue a decision to establish an Inspection Team. The Inspection Team shall consist of: One representative from the Department's Management Board (Team Leader), one representative from the Personnel Office Leadership, and one clerk (serving as secretary).

The Inspection Team shall conduct an inspection and verification of the contents declared in the documents against actual conditions such as the school's salary list, teachers' insurance books, teachers' diplomas and certificates, equipment, library, and prepare an inspection report (Annex VI).

b) Based on the inspection report, the Director of the Department of Education and Training shall confirm the actual status in the tables reporting the capacity of the training institution (Annex III) in the application for registering to establish a training program of the training institution.

3. Training Institutions Authorized to Self-Review Their Training Curricula

a) A training institution is authorized to self-review its university training curriculum when it meets the following conditions:

- It has been established for more than five years and has at least one graduating regular student cohort;

- It has at least five full-time lecturers with doctoral degrees, including at least one professor or associate professor or doctor of science in the same field as the registered university training program.

b) A training institution is authorized to self-review its college training curriculum when it meets the following conditions:

- It has been established for more than five years and has at least one graduating regular student cohort;

- It has at least five full-time lecturers with master's degrees or higher, including at least two lecturers with doctoral degrees, doctor of science degrees, or academic titles of professor or associate professor in the same field as the registered college training program;

4. Training Institutions Not Authorized to Self-Review Their Training Curricula

a) They do not meet the conditions specified in Clause 2 of this Article;

b) When registering to establish university or college training programs in fields not included in the List of Level IV Education and Training;

c) They have violated during the process of self-reviewing their training curricula.

These institutions shall send a letter requesting the Ministry of Education and Training to designate another reputable training institution to review their training curriculum.

5. Training Institutions Designated by the Ministry of Education and Training to Review the Training Curricula of Other Training Institutions

a) Training institutions designated to review university training curricula:

- Have at least five full-time lecturers with doctoral degrees, including at least one professor or associate professor or doctor of science in the same field as the registered university training program;

- Is currently implementing undergraduate training in the field to be assessed and has at least five graduating classes of regular students in the field to be assessed. In cases where the field is not included in the list of level IV education and training, the Ministry of Education and Training will designate a reputable training institution that has trained fields within the same discipline cluster to assess the training program.

b) The designated training institution to assess the higher vocational training program:

- It has at least five full-time lecturers with master's degrees or higher, including at least two lecturers with doctoral degrees, doctor of science degrees, or academic titles of professor or associate professor in the same field as the registered college training program;

- Is currently implementing higher vocational training in the field to be assessed and has at least five graduating classes of students in the field to be assessed. In cases where the field is not included in the list of level IV education and training, the Ministry of Education and Training will designate a reputable training institution that has trained fields within the same discipline cluster to assess the training program.

6. Assessment process for training programs

After receiving the opinion of the Ministry of Education and Training allowing self-organization of the assessment of the training program or designating a reputable training institution to assess the training program, the training institution proceeds with the following tasks:

a) If the training institution is permitted to self-organize the assessment of the training program, the head of the training institution issues a decision to establish the Assessment Council and organizes a meeting of the Assessment Council to assess the training program of their own institution.

b) If the training institutions are not permitted to self-organize the assessment, after receiving the opinion of the Ministry of Education and Training, the training institution sends five copies of the training program to the training institution designated by the Ministry of Education and Training to assess the training program. Within thirty working days from the date the Ministry sends the notification letter designating the training institution to perform the task of assessing the training program of another training institution and upon receipt of the training program of the requesting training institution, the head of the designated training institution issues a decision to establish the Assessment Council and organizes a meeting of the Assessment Council to assess the training program.

c) The Assessment Council

- The Assessment Council for undergraduate training programs consists of five members, each holding a doctoral degree in science or in the relevant field, or holding the title of professor or associate professor. The Assessment Council includes a chairman, two reviewers, a secretary, and a member.

- The Assessment Council for higher vocational training programs consists of five members, all of whom must hold a master's degree or higher, including at least two members holding a doctoral degree in science, doctoral degree, or holding the title of professor or associate professor in the relevant field. The Assessment Council includes a chairman, two reviewers, a secretary, and a member, with the chairman being someone who holds a doctoral degree in science, doctoral degree, or holding the title of professor or associate professor.

d) The content and method of conducting the Assessment Council meeting for the training program assessment are stipulated in Appendix VII of this Circular.

After listening to the representative of the training institution with the field to be assessed presenting the report, the council members ask questions, the training institution provides explanations, the council members discuss and vote secretly. The Assessment Council prepares minutes of the assessment.

The head of the training institution performing the assessment confirms on the minutes of the Assessment Council (Appendix VII) and on the training program (Appendix IV) in the application dossier for opening an undergraduate or higher vocational training program.

7. The expenses for the Ministry of Education and Training to conduct inspections and the organization of the Assessment Council's assessment are borne by the training institution applying to open a training program according to current regulations.

8. After complying with the provisions of Clause 1 and Clause 5 of this Article, the training institution applying to open an undergraduate or higher vocational training program submits the application dossier to the Ministry of Education and Training.

a) The review of the application dossier for opening an undergraduate or higher vocational training program is conducted in March, June, September, and December each year.

b) If the application dossier for opening a training program of the training institution meets the conditions and requirements as prescribed, within thirty working days from the first day of the above months, the Minister of Education and Training issues a decision to open an undergraduate or higher vocational training program.

c) If the application dossier for opening a training program of the training institution meets the conditions as prescribed but still requires some improvements, within thirty working days from the first day of the above months, the Ministry of Education and Training notifies the training institution in writing of the assessment results and the required improvements. Within fifteen working days from the date of receipt of the completed application dossier from the training institution, if the training institution meets the conditions as prescribed, the Minister of Education and Training issues a decision to open an undergraduate or higher vocational training program.

d) If the application dossier for opening a training program of the training institution does not meet the conditions as prescribed, within thirty working days from the first day of the above months, the Ministry of Education and Training notifies the training institution in writing of the assessment results, the status of the application dossier, and requests the training institution to continue preparing the necessary conditions.

9. In case of necessity, the Ministry of Education and Training may organize inspections, audits, and re-assessments at the training institution.

Article 7. Suspension of admissions for undergraduate and college-level training programs

1. A training institution shall be suspended from admissions for a training program when one of the following situations occurs:

a) Failure to ensure one of the conditions stipulated in Articles 2 and 3 of this Circular;

b) Failure to admit students for three consecutive years;

c) Conducting admissions and training outside the permitted location;

d) The authority granting permission to establish the program does so without the appropriate jurisdiction;

đ) Violating education laws that result in administrative penalties requiring suspension;

f) Other cases as prescribed by law.

2. The authority with the power to grant permission to establish a training program has the authority to decide on suspending admissions. The decision to suspend admissions must clearly specify the reasons for the suspension, set out the duration of the suspension, and provide specific measures to protect the rights of students and lecturers.

3. Procedures and formalities for suspending admissions or allowing resumption of admissions:

a) When a training institution is found to have violated one of the cases stipulated in Clause 1 of this Article, the Ministry of Education and Training will organize inspections to assess the extent of the violation;

b) Based on the level of violation by the training institution, the Minister of Education and Training issues a decision to suspend admissions for the training program;

c) After the suspension period, if the cause leading to the suspension has been resolved and the training institution submits an application to resume admissions, the authority that decided on the suspension will issue a decision allowing the institution to resume admissions. In cases where resumption of admissions is not allowed, the Ministry of Education and Training will notify the institution in writing of the reasons and solutions;

d) The application for resuming admissions includes:

- A request for permission to resume admissions;

- A report explaining the resolution of the causes leading to the suspension, accompanied by evidence.

Article 8. Revocation of the decision to establish undergraduate and college-level training programs

1. A training institution shall have its decision to establish a training program revoked when one of the following situations occurs:

a) Engaging in fraudulent behavior to obtain permission to establish an undergraduate or college-level training program;

b) Seriously violating regulations on management, organization, and training at the institution;

c) At the end of the suspension period for admissions, the cause leading to the suspension has not been resolved;

d) Failing to meet the standards in quality assessments (institutional assessment, program assessment) as prescribed by the Ministry of Education and Training;

đ) Violating education laws that result in administrative penalties requiring revocation;

f) Other cases as prescribed by law.

2. The decision to revoke the establishment of a training program must clearly specify the reasons for revocation and measures to ensure the rights of students and lecturers.

3. The authority with the power to establish a training program has the authority to revoke the decision to establish a training program.

4. Procedures and formalities for revoking the decision to establish a training program:

a) When a training institution violates one of the cases stipulated in Clause 1 of this Article, the Ministry of Education and Training will organize inspections to assess the extent of the violation;

b) Based on the level of violation, the Minister of Education and Training issues a decision to revoke the establishment of the training program.

Article 9. Responsibilities and rights of the Department of Education and Training

1. Organize inspections and confirm actual conditions regarding the faculty staff, training equipment, and libraries when training institutions request.

2. Have the right to review relevant files and documents concerning the faculty staff, training equipment, and libraries of training institutions and have the right to request training institutions to provide related documents and information.

3. Be responsible for the honesty and accuracy of the results of actual inspections at training institutions.

4. Be subject to inspection, audit, and supervision by the Ministry of Education and Training and competent authorities regarding the results of inspecting the actual conditions of training institutions.

Article 10. Responsibilities of training institutions

1. Training institutions registering to open undergraduate and college-level programs shall be responsible for:

a) Ensuring the honesty and accuracy of the registration files for opening programs;

b) Providing complete information when requested by the inspection team;

c) Organizing self-inspections and audits in accordance with the law and being subject to inspections, audits, and supervision by the Ministry of Education and Training and competent authorities regarding the conditions ensuring the quality of undergraduate and college-level programs;

d) The head of the training institution shall be responsible for the conditions ensuring the quality of undergraduate and college-level training activities of their own institution.

2. Training institutions permitted to self-assess training programs shall be responsible for conducting program assessments in accordance with this Circular. If during the assessment process they violate the provisions of this Circular, the Ministry of Education and Training will designate another training institution to reassess the program of that institution.

Article 11. Responsibilities and rights of designated training institutions for assessing training programs

1. Assess undergraduate and college-level training programs of training institutions in accordance with this Circular when designated by the Ministry of Education and Training.

2. Have the right to review relevant files and documents concerning the development of training programs and have the right to request training institutions to provide related documents and information.

3. Conduct objective and honest assessments. Be responsible for the results of the training program assessment.

4. Be subject to inspection, audit, and supervision by the Ministry of Education and Training and competent authorities regarding the results of the training program assessment.

5. If during the assessment process, the designated training institution for assessing another institution's program violates the provisions of this Circular, the Ministry of Education and Training will suspend the assignment of the task of assessing training programs.

Article 12. Responsibilities of Units under the Ministry of Education and Training

The Higher Education Department shall take the lead and coordinate with the Planning and Finance Department, the Examination and Quality Assurance Center, and related units:

1. Organize the examination of files and conditions for registering to open undergraduate and college-level programs of training institutions.

2. Direct, guide, inspect, and supervise the implementation of tasks for training undergraduate and college-level programs according to plans, ensuring quality.

3. Direct, guide, inspect, and supervise the inspection and confirmation by provincial education and training departments, the assessment of training programs by designated training institutions or self-assessment of training programs.

Article 13. Effective Date

1. This Circular takes effect from April 3, 2011.

2. Repeal Article 17 of the College Charter issued together with Circular No. 14/2009/TT-BGDĐT dated May 28, 2009, by the Minister of Education and Training.

3. All previous regulations contrary to this Circular are repealed.

Article 14. Implementation Organization

The Director of the Office of the Ministry, the Head of the Higher Education Department, the Head of the Planning and Finance Department, the Heads of related units under the Ministry of Education and Training, universities, academies, colleges, and provincial education and training departments are responsible for implementing this Circular.