Decree No. 141/2013/ND-CP detailing and guiding the implementation of certain provisions of the Higher Education Law.

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW ON HIGHER EDUCATION

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

Pursuant to the Education Law dated June 14, 2005 and the Law amending and supplementing certain articles of the Education Law dated November 25, 2009;

Pursuant to the Higher Education Law on June 18, 2012;

Considering the proposal of the Minister of Education and Training;

The Government promulgates detailed regulations and guidance for implementing certain articles of the Law on Higher Education,

Article 1. Scope of Regulation and Applicability

1. This Decree details and guides the implementation of certain articles of the Law on Higher Education regarding the application subjects of university charters, college charters; regional universities; higher education programs and training forms; assets, policies for private higher education institutions and higher education institutions with foreign investment operating not for profit; policies for lecturers.

2. This Decree applies to colleges, universities, academies, regional universities, national universities; scientific research institutes permitted to train at the doctoral level; other educational institutions within the national education system; organizations and individuals participating in higher education activities.

1. The university charter issued by the Prime Minister shall be uniformly applied to all universities including member universities of regional universities and national universities, academies training at the bachelor's, master's, and doctoral levels.

2. The college charter issued by the Minister of Education and Training shall be uniformly applied to all colleges.

Article 3. Regional Universities

1. A regional university is a public higher education institution under the Ministry of Education and Training, with functions of training multiple fields at various levels of higher education and conducting scientific research and technology transfer to meet the economic and social development needs of regions, provinces, and the country.

The Principals and Deputy Principals of member higher education institutions; heads of units directly under the regional university shall be appointed and relieved from duty by the Director of the regional university.

Article 4. Training Programs and Training Forms

1. The training program for the associate degree level is developed with a practical orientation and applied to regular education and continuing education.

2. The training program for the bachelor's degree level is developed with a research orientation and an application orientation and applied to regular education and continuing education.

3. The training program for the master's degree level is developed with a research orientation and an application orientation and applied to regular education.

The training program for the master's degree level with a research orientation is applied to courses that concentrate full-time at the higher education institution.

The training program for the master's degree level with an application orientation is applied to courses that concentrate full-time or part-time at the higher education institution.

4. The training program for the doctoral degree level is developed with a research orientation and applied through regular education for training courses concentrated at the higher education institution. Doctoral candidates must dedicate the entire specified time to study and research, including at least one continuous year at the higher education institution.

Article 5. Assets and asset value of private higher education institutions

1. The assets that belong to the unified common ownership without division of private higher education institutions include:

a) Assets accumulated from at least 25% of the difference between income and expenditure in annual educational and scientific research activities of the higher education institution;

b) Asset value formed from profits accumulated during the operation of the higher education institution;

c) Asset value invested, allocated, and granted usage rights by the State;

d) Asset value received through sponsorship, support, and donation;

đ) Asset value transferred from public higher education institutions (if any).

2. Unified common assets without division can only be used for educational activities, expanding scale, improving training quality and scientific research, constructing physical facilities, purchasing equipment, training and developing lecturers, staff, educational managers, serving students' learning and living activities, or charitable purposes, and fulfilling social responsibilities. The asset value invested, allocated, and granted usage rights by the State must be used for their intended purposes and managed according to the provisions of the State Budget Law.

3. The unified common capital without division must be clearly accounted for, transparently, in accordance with accounting principles applicable to private higher education institutions, and publicly reported in the annual shareholders' meeting financial statements.

4. The Board of Directors of private higher education institutions shall develop plans and methods for using assets and unified common capital without division in accordance with Clause 2 of this Article, consistent with current state regulations and school organizational operation rules.

5. Principles and methods of accounting for unified common assets and capital without division of private higher education institutions shall be implemented in accordance with the regulations of the Ministry of Finance.

1. A private higher education institution is determined to operate without profit motive when it meets the following conditions:

a) Organizations or individuals who are owners of investment capital do not receive interest income, or receive interest income not exceeding the government bond interest rate specified in the same period;

b) The difference between income and expenditure from annual educational and scientific research activities of the institution is unified common assets without division, used for developing physical infrastructure; developing faculty and scientific researchers; training management personnel; conducting scientific research; providing scholarships to students, and other purposes serving community benefits;

c) There is a written commitment to operate without profit motive with the Ministry of Education and Training and the People's Committee of the province where the higher education institution is headquartered. The commitment is publicly announced according to the contents stipulated in Point a and Point b of Clause 1 of this Article.

2. A higher education institution with foreign investment is determined to operate without profit motive when it meets the following conditions:

a) There is a commitment to operate without profit motive with the Ministry of Education and Training and the People's Committee of the province where the higher education institution is headquartered;

b) The difference between income and expenditure from annual educational and scientific research activities of the institution cannot be transferred abroad but must be used for expanding and strengthening physical infrastructure; developing faculty and scientific researchers; training management personnel; conducting scientific research; providing scholarships to students, and other purposes serving community benefits.

3. The basis for evaluating whether private higher education institutions and higher education institutions with foreign investment fulfill their commitments to operate without profit motive is the annual financial report and periodic audit report.

4. If private higher education institutions and higher education institutions with foreign investment have committed to operating without profit motive but fail to implement or implement inconsistently with the provisions of Clause 1 and Clause 2 of this Article, they will lose the right to benefit from preferential policies for private higher education institutions and higher education institutions with foreign investment operating without profit motive; they must return financial assistance from the State and be subject to tax collection as prescribed for private higher education institutions and higher education institutions with foreign investment operating for profit.

Article 7. Preferential policies for private higher education institutions and higher education institutions with foreign investment operating not for profit

1. The preferential policies for private higher education institutions and higher education institutions with foreign investment operating not for profit include:

a) Tax incentives, tax exemptions, and reductions in corporate income tax, export tax, and import tax in accordance with the laws on taxation;

b) Priority in land allocation or leasing; exemption or reduction of land use fees; exemption or reduction of ground rent and water surface rent in accordance with the laws;

c) Support for training activities, scientific research, and development of teaching staff;

d) Sharing and utilizing common educational resources invested by the State, economic, cultural, scientific and technological, and social welfare facilities at central and local levels, and exemption or reduction of sharing and utilization costs to serve teaching and scientific research needs, technology transfer;

đ) Priority in accepting investment projects to develop and enhance training and scientific research capabilities based on competition like public higher education institutions; participation in bidding for tasks assigned by the State for investment development and enhancement of training and scientific research capabilities like public higher education institutions;

e) Priority in allocating funds to implement training, scientific research, and technology transfer tasks in fields where the institution has strengths.

2. The Ministry of Education and Training shall take the lead and coordinate with relevant ministries and sectors to specify detailed regulations and provide guidance on the application of incentive policies for private higher education institutions and higher education institutions with foreign investment operating not for profit.

Article 8. Policies for lecturers

1. The system of lecturer titles and standards for these titles shall be the basis for ranking occupational titles and implementing salary and policy systems for lecturers in higher education institutions. The Minister of Education and Training shall stipulate the standards for lecturer titles.

2. The salary scale for lecturers shall be specifically defined, distinguishing between five titles: Teaching Assistant, Lecturer, Senior Lecturer, Associate Professor, and Professor, according to the Higher Education Law. The Associate Professor title is ranked I under the occupational title classification for civil servants and enjoys the corresponding salary scale for senior specialist officers. The Professor title is ranked I under the occupational title classification for civil servants and enjoys the equivalent salary scale for senior experts.

3. Private higher education institutions and higher education institutions with foreign investment shall apply the provisions of the salary system, allowances, and other policies for lecturers in public higher education institutions to implement the salary and policy system for teachers, ensuring that they are not lower than the salaries and allowances of lecturers in public higher education institutions with the same level of training and years of service.

1. Professors and associate professors with doctoral degrees currently working at higher education institutions may extend their working time beyond retirement age for teaching and scientific research if they meet the following conditions:

a) They have sufficient health and voluntarily extend their working time.

b) The higher education institution has a need and agrees.

2. The extended working period for lecturers with doctoral degrees shall not exceed 5 years; for associate professors, it shall not exceed 7 years; and for professors, it shall not exceed 10 years.

During the extended working period, those who extend their working time have the right to request leave to retire according to the regulations.

3. Procedures and steps for considering extension of working time:

a) The head of the higher education institution managing the lecturer is responsible for determining the need, assessing the talent and health of the lecturer extending their working time, and discussing with the lecturer. Lecturers falling within the scope of Clause 1 of this Article must submit a written opinion to the direct management unit and the head of the higher education institution for consideration.

b) The head of the higher education institution issues a decision to extend the working time within their authority or requests a higher authority to issue a decision to extend the working time of the lecturer.

c) The consideration of extending the working time for lecturers reaching retirement age must be notified to the lecturer three months before the retirement date. The lecturer's file for extending working time and the proposal from the agency or unit sent to the competent authority for consideration and decision must be completed at least two months before the retirement date.

4. Policies for lecturers during the extended working period:

a) They are recognized as permanent lecturers of the higher education institution;

b) They enjoy salaries and other policies and benefits as prescribed for lecturers.

Article 10. Effective Date

This Decree takes effect from December 10, 2013.

Article 11. Responsibility for Implementing the Decree

1. The Minister of Education and Training shall take the lead in guiding the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related agencies shall be responsible for implementing this Decree./.