Decision No. 153/2003/QĐ-TTg On the Issuance of the University Charter

Pursuant to …;

Regarding the issuance of the "University Charter"

___________________

PRIME MINISTER

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

Pursuant to the Education Law dated December 2, 1998;

Considering the proposal of the Minister of Education and Training,

Pursuant to …;:

Article 1. Issuing the "University Charter" attached to this decision.

Article 2. Entrusting the Minister of Education and Training to guide universities in implementing the Charter. During the implementation process, the Minister of Education and Training may submit to the Prime Minister for consideration, supplementation, or amendment of this Charter.

Article 3. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations contrary to this Decision are hereby abolished.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision./.

 

CHARTER

UNIVERSITY CHARTER
(Issued pursuant to Decision No. 153/2003/QĐ-TTg dated July 30, 2003)

of the Prime Minister)

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope and Applicability

This Charter applies to universities as stipulated in Article 38 of the Education Law adopted by the National Assembly of the Socialist Republic of Vietnam on December 2, 1998 (hereinafter referred to as the Education Law).

Article 2. Types of Universities and University Categories

1. Types of universities include public, semi-public, private, and private non-profit, as specified in Article 13 of Decree No. 43/2000/NĐ-CP dated August 30, 2000 of the Government detailing and guiding the implementation of certain provisions of the Education Law (hereinafter referred to as Decree 43).

2. University categories include universities, university institutions, and academies, as specified in Clause 1 of Article 14 of Decree 43.

3. National Universities are defined in Decree No. 07/2001/NĐ-CP dated February 1, 2001 of the Government on National Universities.

4. Based on the tasks of economic and social development, human resource training needs, and the planning of the university network in each period, the Minister of Education and Training shall submit to the Prime Minister for approval the list of national key universities.

Article 3. Principles for Naming Universities

1. The name of a university includes the following phrases:

a) Phrases identifying the type of institution: university, college, academy;

b) Phrases identifying the type of institution if it is semi-public, private, or private non-profit.

c) Phrases identifying the field or profession (if necessary);

d) A specific name or phrase identifying the university if it is a member institution.

2. The Ministry of Education and Training shall specify the translation of university names into foreign languages.

Article 4. State Management of Universities

1. Universities are subject to state educational management by the Ministry of Education and Training; they are also subject to administrative territorial management by the provincial or centrally-administered municipal People's Committees where the university is located.

2. The supervising authority shall cooperate with the Ministry of Education and Training to implement state management over affiliated universities according to the provisions of this Charter.

Article 5. Party Organizations and Social Organizations

1. The Communist Party of Vietnam organization in universities leads the school and operates within the framework of the Constitution and laws, in accordance with the functions and tasks of the Party organization, directives, and resolutions of the Party.

2. Social organizations and mass organizations in universities operate in accordance with the law and have the responsibility to implement educational goals and principles as prescribed by the Education Law, consistent with their established objectives, functions, and tasks.

Article 6. Conditions for Establishing Universities

A university may be established when it meets all conditions stipulated in Article 18 of Decree 43.

Article 7. Procedures for Establishing, Merging, Dividing, Splitting, Suspending Operations, and Dissolving Universities

1. Procedures for establishing, merging, dividing, splitting, suspending operations, and dissolving universities are specified in Articles 19, 20, 21, and 22 of Decree 43.

2. Proposals to establish universities shall be implemented in two steps:

Step 1: The Ministry of Education and Training receives the preliminary feasibility proposal, compares it with provisions in Clauses 1 and 2 of Article 18 of Decree 43, and submits it to the Prime Minister for consideration and approval of the principle and permission to develop the feasibility proposal for establishment of the university.

Step 2: The Ministry of Education and Training, in collaboration with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Home Affairs, and related agencies, organizes the assessment of the feasibility proposal for establishment of the university and the conditions stipulated in Clause 3 of Article 18 and Article 19 of Decree 43, and submits it to the Prime Minister for consideration and decision on establishment of the university.

Article 8. Regulations on Organization and Operation of Universities

1. Regulations on organization and operation of universities are specific implementations of the University Charter applicable to each type of university, certain universities, or a single university.

2. The Ministry of Education and Training promulgates regulations on organization and operation of various types and forms of universities pursuant to the authorization of the Prime Minister.

3. Universities develop regulations on their organization and operation and submit them to the competent authority for approval.

Article 9. Tasks of Universities

1. Train human resources with good political qualities, ethics, knowledge, and practical skills corresponding to the level of training, health, adaptability to employment in society, self-employment creation for themselves and others, equal cooperation ability in international relations, meeting the requirements for national construction and defense.

2. Conduct scientific research and technological development; combine education with scientific research and production, science and technology services according to the provisions of the Law on Science and Technology, the Education Law, and other relevant laws.

3. Preserve and promote cultural heritage and national identity.

4. Identify and nurture talent among students and faculty members of the university.

5. Manage lecturers, staff, and employees; build a faculty sufficient in number, balanced in educational structure, occupational structure, age structure, and gender.

6. Admit students and manage student affairs.

7. Coordinate with the families of students, organizations, and individuals in educational activities.

8. Organize for lecturers, staff, employees, and students to participate in social activities appropriate to their fields of study and societal needs.

9. Manage, utilize land, premises, equipment, and finances in accordance with the law.

10. Performing other tasks as prescribed by law.

Article 10. Rights and Responsibilities of Universities

Universities have the right to autonomy and responsibility under the law and this Charter regarding planning and development of the institution, organizing educational, scientific, and technological activities, finance, international relations, and personnel management. Specifically:

1. Develop and implement plans for the development of the institution consistent with the national education development strategy and the network of universities;

2. Develop curricula, textbooks, teaching and learning plans for programs authorized by the Ministry of Education and Training based on framework programs issued by the Ministry; organize admissions according to state quotas, organize the training process, recognize graduation, print and issue diplomas in accordance with the Ministry's regulations;

3. Mobilize, manage, and utilize resources to achieve educational goals; cooperate and link with domestic and foreign economic, educational, cultural, sports, health, and scientific research organizations to enhance educational quality, connect training with employment, and serve economic and social development;

4. Register to participate in selecting and implementing scientific and technological tasks assigned by authorized agencies; use scientific and technological development investment funds effectively; sign and implement scientific and technological contracts, human resource training, and talent nurturing contracts to contribute to building and developing the country's scientific and technological potential;

5. Be protected in intellectual property rights; transfer, assign results of scientific and technological activities, publish results of scientific and technological activities; protect the interests of the state and society, and the legitimate rights and interests of individuals in the university's educational, scientific, and technological activities;

6. Cooperate, form joint ventures, receive sponsorships from organizations and individuals; invest capital, assets, and intellectual property value in scientific and technological activities, production and business; use income from economic activities to expand production and business, construct school facilities, fund educational activities, and supplement the financial resources of the institution;

7. Be granted land by the state; lease land, borrow capital; enjoy tax exemptions and reductions as prescribed by the state;

8. Organize the institutional administrative structure; establish and dissolve scientific and technological organizations, public service units, and enterprises of the university in accordance with state regulations;

9. Implement democracy, equality, and transparency in the allocation and implementation of educational, scientific, and technological tasks and financial activities;

10. Report to the competent authority and higher-level authorities on the institution's activities in accordance with current regulations.

Article 11. Civil liability of universities

Universities shall bear civil liability in accordance with the provisions of the law; they shall not allow any individual or organization to take advantage of the university's name and facilities to conduct activities contrary to the provisions of this Charter.

Chapter 2:

EDUCATION AND TRAINING ACTIVITIES

Article 12. Objectives, nature, and educational principles

The objectives, nature, and educational principles of universities are stipulated in Articles 2 and 3 of the Education Law.

Article 13. Teaching Language

The official language for teaching at universities is Vietnamese. In cooperation programs with foreign countries, programs for training foreign languages and cultures, and certain other fields may be taught directly in foreign languages or ethnic languages according to the regulations of the Ministry of Education and Training.

Article 14. Fields of Study

1. Universities are permitted to open undergraduate and postgraduate specialized fields listed in the national field directory when they meet the conditions specified by the Ministry of Education and Training.

2. Universities may propose to the Ministry of Education and Training to pilot new fields of study when there is societal demand for human resources. The establishment of new fields shall be carried out in accordance with the regulations of the Ministry of Education and Training.

3. Universities regularly survey and forecast the demand for human resources in each field of study from society; based on this, they adjust the scale, structure, level, and method of training.

Article 15. Programs and Textbooks

1. Universities organize the development of training programs, teaching plans, and learning schedules for their fields of study based on the framework programs issued by the Ministry of Education and Training.

2. Universities train students through special programs for outstanding students, continuing education programs to enhance scientific and technological knowledge, professional skills, and other knowledge enhancement programs for those who have learning needs.

3. Universities continuously develop diverse, standardized, modernized training programs, creating conditions to quickly adopt selective programs from developed countries in science and technology that are suitable for national requirements, serving economic and social development generally, specific industries, regions, and localities.

4. Based on regular program training, universities design transition programs and regulations for inter-level and inter-form education connections with other training institutions; apply flexible training processes; gradually shift from the academic year system to the credit system, implementing a system of taking exams and obtaining certificates for each course to facilitate learners' accumulation of knowledge and equal access to learning opportunities or career changes for all strata of the population, especially those in rural, mountainous, remote, and far-flung areas.

5. Universities organize the compilation, review, and evaluation of textbooks by specialty and teaching-learning materials of the school; build a system of textbooks, materials, and teaching equipment to meet comprehensive requirements for content and teaching methods, promoting the initiative, proactivity, self-study, and research capabilities of learners.

6. Universities regularly evaluate the training programs and courses of the school to make necessary adjustments.

Article 16. Admissions

1. Universities develop annual admissions plans based on state quotas, demand for human resources, training effectiveness, faculty capacity, and material infrastructure of the institution; they propose adjustments to the structure of majors and the scale of development of the university to the competent authority and the Ministry of Education and Training.

2. Universities organize admissions according to the regulations of the Ministry of Education and Training.

Article 17. Examination, Testing, and Evaluation

1. Universities implement evaluations of students' academic performance, moral education, social activities participation, and lecturers' teaching.

2. Universities may select methods and procedures, establish examination, testing, and evaluation systems ensuring objectivity, accuracy, and suitability with training methods and learning formats, determining the level of accumulation of knowledge and skills of students in their major and their ability to identify and solve problems within their field of study.

Article 18. Certificates and Quality of Training

1. Universities recognize and issue certificates and graduation diplomas to those trained by the university when they meet the conditions stipulated by the Ministry of Education and Training.

2. Universities are responsible for the quality of training and the value of certificates and diplomas issued based on the establishment and development of a quality assurance system.

3. Universities have the responsibility to implement quality assessment procedures and publicly disclose the results of such assessments as prescribed by competent authorities.

Chapter 3:

SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

Article 19. Content of Scientific and Technological Activities of Universities

1. Basic research, implementation of national priority and key scientific and technological tasks, and educational research.

2. Participation in solving scientific and technological issues arising from economic and social development needs, national security, and defense; close integration between training and scientific research and production and service provision in science and technology.

3. Participation in policy consultation and proposal of solutions for socio-economic development policies at central and local government levels; scientific and technological review of large projects and works; contribution to applying advanced scientific and technological achievements to practical production and daily life.

Article 20. Organization of Scientific and Technological Activities

1. Universities implement scientific and technological tasks funded by the state budget or supported by the science and technology development fund in accordance with the law.

2. Universities establish institutes, research and development centers, experimental production facilities, and science and technology enterprises with both permanent and part-time staff to carry out scientific and technological activities.

3. Universities collaborate with scientific and technological organizations, public institutions, and production and service businesses to organize scientific and technological activities.

4. Universities cooperate in scientific and technological activities with foreign countries and international organizations in accordance with the law.

5. Universities organize scientific research and technological development activities for students.

6. Universities organize scientific and technological conferences and participate in domestic and international scientific and technological awards.

Article 21. Development of Science and Technology Activities Plan

1. Universities organize to develop orientations, annual, medium-term, and long-term plans on science and technology activities of the university to be included in the overall science and technology activities plan of the supervising agency.

2. Universities proactively register to participate in selection, bidding, signing contracts or other forms as prescribed by law to implement research tasks and technological development at various levels.

3. Universities independently determine school-level science and technology tasks.

Article 22. Information and Scientific Equipment

1. Universities organize, build, manage, and provide sources of scientific and technological information of the university, participate in the common information-library system of universities, enforce intellectual property rights as prescribed by law.

2. Universities publish and distribute journals, magazines, scientific publications, teaching materials, textbooks, and learning materials for training, scientific and technological activities of the university as prescribed by law.

3. Universities build and manage projects to enhance equipment for training, scientific and technological activities of the university, participate in building and managing projects to enhance equipment, national key laboratories.

Chapter 4:

SCHOOLS, FAMILIES AND SOCIETY

Article 23. Responsibilities and Relationships of Universities with Families and Society

1. Universities publicly announce:

a) Enrollment quotas, conditions, plans, and methods for new admissions each year, training organization, examination, graduation certification, and specific regulations of the university related to study, rights, and obligations of students;

b) Conditions ensuring training quality, conditions serving study, research, and student life at the university;

c) Annual statistics on graduates who have obtained suitable jobs in their fields of study.

2. Universities have their own websites, regularly updating the information mentioned in Clause 1 of this Article and other information about organizational structure and activities of the university.

3. Universities proactively coordinate with political-social organizations, occupational social organizations to implement comprehensive educational goals for students, closely combining school education, family, and society; implement the Regulation on Democratic Implementation in Schools; build schools truly into cultural and scientific centers.

4. Universities effectively implement the policy of socializing the education cause, creating conditions for society to participate in constructing infrastructure, providing opinions to the school on development planning, industry structure, training level structure; supporting funding for students and accepting graduates; monitoring educational activities and creating a healthy educational environment.

5. Universities have the responsibility to disseminate scientific knowledge in the community, transfer research results and technological development outcomes.

Article 24. Relationships between Universities and Ministries, Sectors, Localities, and Scientific and Technological Organizations, Business Establishments

1. Universities have the responsibility to proactively coordinate with ministries, sectors, localities, scientific and technological organizations, business establishments to create favorable conditions for students to visit, practice, intern, and hone vocational skills; link teaching and learning with the social environment.

2. Universities coordinate with ministries, sectors, localities, businesses in determining training needs, linking training with employment and recruitment of graduates; implementing the application of new scientific and technological achievements into practical production and social life.

Article 25. Relations between universities and cultural, artistic, sports institutions and mass media agencies

Universities shall proactively coordinate with cultural, artistic, sports institutions and mass media agencies in cultural, artistic, and sports activities to create a healthy educational environment; identify and nurture students with talents in artistic and sports activities; provide material and financial conditions for cultural, artistic, and sports exchange activities for students.

Article 26. Relations between universities and local authorities

Universities shall proactively coordinate with local authorities where the university is located in applying scientific and technological progress to production, social life, and human resource training for the locality; ensure order, security, and a clean learning environment; prevent the infiltration of drugs and social evils into the school.

Chapter 5:

INTERNATIONAL RELATIONS

Article 27. Tasks related to international relations

1. Universities shall proactively establish cooperative relationships, sign memoranda and agreements on education, science, and technology with foreign universities and organizations; invite foreign experts to teach and exchange experiences according to state regulations.

2. Universities shall develop projects with foreign investment for submission to competent authorities for decision-making; mobilize resources to effectively implement agreements and projects in accordance with state regulations.

3. Universities shall organize pilot international training programs within the framework of cooperation projects with reputable universities worldwide, and on this basis, propose the Ministry of Education and Training to inspect and recognize these programs as official training programs of the university.

4. Universities shall organize international conferences and seminars according to state regulations and those of the Ministry of Education and Training.

5. Universities shall participate in international organizations on education, science, and technology according to state regulations.

Article 28. Educational Cooperation with Foreign Countries

1. Universities shall cooperate with foreign organizations and individuals, overseas Vietnamese in teaching, studying, and scientific research.

2. Universities shall encourage and create conditions for lecturers, staff members to study, teach, conduct research, and exchange experiences abroad under national programs, university programs, or self-funded programs, or funded by organizations and individuals both domestically and internationally.

Chapter 6:

ORGANIZATION AND STAFFING

Article 29. Organizational Structure of Universities

1. The organizational structure of universities includes:

a) University Council for public universities or Management Board for semi-public, private, and private universities (hereinafter referred to collectively as non-public universities);

b) Rector and Deputy Rectors for universities, Directors and Deputy Directors for academies (hereinafter referred to collectively as Rectors and Deputy Rectors);

c) Scientific and Training Council;

d) Functional departments;

đ) Faculties and departments directly under the university;

e) Departments under faculties. Some specialized universities may only have faculties or departments directly under the university;

g) Scientific and technological organizations such as institutes, centers, and facilities serving education, science, and technology;

h) Enterprises and public service units;

i) Communist Party of Vietnam organization;

k) Mass organizations and social organizations.

2. The organizational structure of National Universities is prescribed in Decree No. 07/2001/NĐ-CP dated February 1, 2001, of the Government on National Universities.

3. The organizational structure of universities is prescribed in the charter on the organization and operation of universities.

4. The specific organizational structure of universities is prescribed in the charter on the organization and operation of the university.

Article 30. University Council and Board of Directors

1. The University Council is the governing body of the university. The University Council decides on major policies to implement the autonomy and self-responsibility rights of the university assigned by the State in accordance with the laws and this Charter.

a) The University Council has the following tasks:

- Deciding on strategic goals and development plans of the university including planning projects, medium-term and long-term development plans that are consistent with the national higher education network planning;

- Deciding on draft regulations on organization and operation of the university or amendments to such regulations before the President submits them for approval by competent authorities;

- Deciding on expenditure policies, investment in construction of physical facilities, and procurement of equipment from the sources of funds specified in Clauses 2 and 3 of Article 53 of this Charter;

- Supervising the implementation of the "Regulation on Democratic Procedures in School Activities" issued by the Minister of Education and Training and resolutions of the University Council, reporting to the supervisory authority and the Ministry of Education and Training.

b) Meetings of the University Council are considered valid when at least two-thirds of its members attend. Resolutions of the Council only have validity when more than half of the total number of Council members agree.

c) The President of the university is responsible for implementing resolutions or conclusions of the University Council on matters stipulated in point a of this Clause. When the President disagrees with a resolution or conclusion of the University Council, he/she must promptly report to seek opinions from the supervisory authority.

d) The term of office of the University Council is five years. Members of the University Council include: the President, the Secretary of the Party Committee of the school, representatives of lecturers and educational managers with prestige both within and outside the school, political-social organizations within the school, organizations and individuals participating in the construction of the school. The Chairman of the University Council is a full-time position and is elected by the members of the Council according to the majority vote principle. The President does not concurrently hold the position of Chairman of the University Council.

đ) The total number of members of the University Council is an odd number. The Minister of Education and Training specifies the structure of members, operational regulations, election procedures, recognition of members, Chairperson, and Secretary General; provides guidance on conditions and procedures for establishing the University Council.

2. The Board of Directors is the sole representative of ownership rights of non-public schools; is responsible and has autonomous decision-making powers over important issues regarding organizational structure, personnel, and finance and assets of the school.

a) The Board of Directors performs the functions and tasks of the University Council as stipulated in point a of Clause 1 of this Article and other functions and tasks of the Board of Directors.

b) The structure, functions, tasks, and powers of the Board of Directors are defined in the Regulation on Organization and Operation of each type of non-public school.

Article 31. President of the University

1. The President is the legal representative of the school; directly manages and oversees all activities of the school in accordance with the laws and this Charter.

2. The President of the public university must meet the following criteria:

a) Having good political qualities, moral integrity, reputation in the scientific and educational community, capability, and having participated in higher education management at department level or above for at least five years;

b) Holding a Doctorate degree;

c) Being in good health; the age limit for appointing the President of a public university is not more than fifty-five years old for men and fifty years old for women. In special cases, the Minister of Education and Training will consult with the supervisory authority and seek the Prime Minister's opinion before making a decision;

The age limit for appointing the President of non-public universities is specified in the Regulation on Organization and Operation of each type of non-public school.

Article 32. Powers and responsibilities of the Rector regarding organization and personnel

1. Deciding on the establishment and dissolution of organizations within the school as stipulated in points c, d, đ, e, g, h of Clause 1 of Article 29 of this Charter.

2. Issuing and revoking internal regulations and provisions within the school to ensure the management, inspection, and supervision of all activities of the school in accordance with current regulations.

3. Deciding on the appointment and removal of positions within the organizations as stipulated in point c of Clause 1, heads and deputies of units as stipulated in points d, đ, e, g, h of Clause 1 of Article 29 of this Charter.

4. Developing plans for the development of teaching staff, organizing training and retraining of teaching staff, officials, and employees; caring for their material and spiritual life and creating conditions for them to participate in organizational activities and social activities.

5. Organizing recruitment for officials and employees, deciding on the acceptance, transfer of positions from full-time lecturers downwards; being authorized by the competent authority of the school to organize examinations for promotion and appointment to positions from full-time lecturers downwards according to state regulations (for public schools), in line with the structure of officials and employees of the school and the standards of positions in the education sector.

Signing decisions on hiring, termination of employment, and job transfers for teaching staff, officials, and employees, and signing labor contracts in accordance with the law.

6. Implementing the Regulations on Democratic Procedures in the Activities of the School issued by the Minister of Education and Training.

7. Ensuring the rights of students as prescribed in this Charter.

8. Implementing regular reporting systems on various aspects of the school's activities as prescribed by current regulations.

9. Implementing reward and disciplinary systems as prescribed by the state.

10. Ensuring order, security, and safety within the school.

Article 33. Powers and responsibilities of the Rector regarding educational activities

1. Organizing the implementation of educational activities as prescribed in Chapter II of this Charter.

2. Being responsible for the quality of education provided by the school.

Article 34. Powers and responsibilities of the Rector regarding scientific and technological activities

1. Developing the school’s scientific and technological activity plan and reporting it to competent authorities.

2. Organizing the implementation of research projects, technology development projects, international cooperation projects, and national-level development projects.

3. Participating in managing and implementing research projects, technology development projects, international cooperation projects, and ministry-level development projects.

4. Reviewing, managing, and certifying research projects, technology development projects, international cooperation projects, and school-level development projects.

5. Building, organizing, and managing sources of scientific and technological information and scientific and technological services.

Article 35. Powers and responsibilities of the Rector regarding finance, assets, and investment

1. The Rector is the account holder of the university, bearing legal responsibility for the entire financial and asset management work of the unit.

2. Directing and organizing the implementation of financial and asset management regulations as stipulated in Articles 52 and 55 of this Charter and regulations on labor, wages, remuneration, scholarships, tuition fees, social allowances, and financial policies for teaching staff, officials, employees, and students of the school.

3. Deciding on management expenses and business expenses within the scope of available financial resources, depending on the content and effectiveness of the work as stipulated in Article 55 of this Charter.

4. Depending on specific conditions, rectors of public schools may be authorized by the Minister of Education and Training or the head of the competent authority to decide on investments in projects of groups B and C using state budget funds according to state regulations.

5. The Rector implements decisions on investment and management of projects funded by the state budget according to the Investment Management and Construction Regulations issued by the Government.

6. Based on the approved planning or development plan of the school and the resolution of the School Council or Board of Directors, the Rector is responsible for examining, deciding on investment, and approving all projects, basic construction procedures, procurement, and disposal of assets from the sources of funding specified in Clauses 2 and 3 of Article 53 of this Charter.

Article 36. Powers and Responsibilities of the Rector Regarding International Relations

1. Organize the implementation of tasks related to international relations as stipulated in Chapter V of this Charter.

2. Decide on sending staff from Deputy Rectors and below to work abroad based on current state regulations.

3. Manage incoming and outgoing delegations within the scope of the school's activities in accordance with the law.

4. Regularly report to the supervising authority and the Ministry of Education and Training on the school’s international relations work.

Article 37. Principles for Appointing the Rector

1. The Rector is appointed and reappointed for terms of five years each, not exceeding two consecutive terms.

2. The head of the supervising authority appoints and dismisses the Rector of public universities. In specific cases, the head of the supervising authority conducts a trust survey at the university before appointment.

The process of appointing the Rector of a public university is carried out according to state regulations.

3. The head of the supervising authority recognizes or does not recognize the Rector of private universities.

The recognition process for the Rector of private universities is implemented according to the charter regarding the organization and operation of each type of institution.

4. In necessary cases, the head of the supervising authority (for public universities) or the Board of Directors (for private universities) may organize a trust survey for the Rector during the term or unexpectedly.

Article 38. Deputy Rectors of Universities

1. The Rector has Deputy Rectors to assist. Deputy Rectors of universities must have a bachelor's degree or higher, be healthy, and not exceed 55 years old for men and 50 years old for women when appointed. Specifically, the Deputy Rector responsible for training and scientific research must meet the criteria for the Rector.

Upon the recommendation of the Rector, the head of the supervising authority appoints and dismisses Deputy Rectors (for public universities); recognizes or does not recognize Deputy Rectors (for private universities).

2. Deputy Rectors have the following duties and powers:

a) Assist the Rector in managing and operating the school's activities; directly oversee certain areas of work assigned by the Rector and handle tasks delegated by the Rector;

b) When handling tasks delegated by the Rector, Deputy Rectors represent the Rector and are responsible to the Rector for the results of the delegated work.

3. The term of Deputy Rectors follows the term of the Rector.

4. In necessary cases, the head of the supervising authority (for public universities) or the Board of Directors (for private universities) may organize a trust survey for Deputy Rectors during the term or unexpectedly.

Article 39. Scientific and Training Council

1. The Scientific and Training Council advises the Rector on:

a) Training objectives and programs; long-term and annual plans for the development of education and training, science, and technology of the school;

b) Training and developing the faculty and staff.

2. Members of the Scientific and Training Council of the school have the right to propose plans and contents of the council's work.

3. The Scientific and Training Council of the university includes: the Rector, some Deputy Rectors, Heads of Departments, Institute Directors; some Center Directors, Department Heads, Professors, Associate Professors, Doctors, lecturers, and staff engaged in scientific and technological activities of the school; some scientists, educators, educational managers, and representatives of economic and social organizations outside the school who are interested and knowledgeable about higher education.

4. The Scientific and Training Council is established by the decision of the Rector. The term of the Scientific and Training Council follows the term of the Rector. The Chairman of the Council is elected by the members of the Council through majority voting. In case of equal votes, the side with the vote of the Rector decides. The Rector signs the decision to appoint the Chairman of the Scientific and Training Council.

5. The Scientific and Training Council meets at least once every six months and is convened by the Chairman of the Council.

Article 40. Functional Departments

1. The departments have the tasks of advising and assisting the Rector in managing, summarizing, proposing opinions, and organizing the implementation of the main areas of work of the institution: administrative-general, organizational-staff, undergraduate and graduate education, science and technology, political management of students, planning-finance, international relations, inspection.

2. Each department is headed by a Department Head appointed and relieved from duty by the Rector. Assistant to the Department Head are Deputy Department Heads appointed and relieved from duty by the Rector upon the recommendation of the Department Head. The age limit for appointing Department Heads and Deputy Department Heads is not more than 55 years old for males and 50 years old for females. The term of office of Department Heads and Deputy Department Heads follows the term of the Rector and may be reappointed. In cases of necessity, the Rector may conduct a trust vote on the Department Head.

Article 41. Faculties and Departments Subordinate to the Institution

1. A faculty is a basic administrative management unit of the institution, with the following tasks:

a) Developing teaching programs and plans, and leading the organization of training processes for one or several majors; organizing the training process and other educational activities within the common teaching program and plan of the institution;

b) Organizing scientific and technological activities, actively exploiting international cooperation projects; coordinating with scientific and technological organizations, production and business establishments, linking training with scientific research, production and business activities, and social life;

c) Managing faculty members, staff, and students under the faculty according to the classification by the Rector;

d) Managing the quality, content, and methods of training and scientific research;

e) Organizing the compilation of course curricula and textbooks assigned by the Rector. Organizing research to improve teaching and learning methods; proposing plans to supplement and maintain teaching and learning equipment, practical training, and scientific experimentation facilities;

f) Developing plans and implementing political, ideological, moral, and lifestyle education for faculty members, staff, and students; organizing training and upgrading professional skills for faculty members and staff under the faculty;

2. Based on the resolution of the University Council on the development plan of the institution, the Rector decides to establish and dissolve faculties.

3. Each faculty is headed by a Faculty Head appointed and relieved from duty by the Rector. Assistants to the Faculty Head are Deputy Faculty Heads appointed and relieved from duty by the Rector upon the recommendation of the Faculty Head. The term of office of Faculty Heads and Deputy Faculty Heads is five years and may be reappointed but not consecutively for more than two terms.

4. Faculty Heads and Deputy Faculty Heads are selected among reputable lecturers with teaching experience, scientific research, and management expertise. The Faculty Head must hold a doctoral degree.

5. The age limit for appointing Faculty Heads and Deputy Faculty Heads in public institutions is not more than 55 years old for males and 50 years old for females. The age limit for appointing Faculty Heads and Deputy Faculty Heads in non-public institutions is stipulated in the regulations on the organization and operation of each type of institution.

6. The appointment procedure for Faculty Heads is specified in the regulations on the organization and operation of the institution.

7. Within each faculty, there is a Faculty Scientific Research and Training Council. The tasks and powers of the Faculty Scientific Research and Training Council are defined by the Rector.

8. Based on the resolution of the University Council on the development plan of the institution, the Rector issues decisions to establish, dissolve, and specify the specific tasks of departments subordinate to the institution.

9. In specialized universities where only faculties or departments subordinate to the institution are organized, these faculties or departments have the functions and tasks of faculties and departments as stipulated in Articles 41 and 42 of this Charter.

Article 42. Departments

1. A department is the basic unit for training, science, and technology at a university, responsible for academic matters in training, scientific, and technological activities.

Based on the advisory opinions of the Scientific and Training Council and the Head of the Faculty's proposal, the Rector decides on the establishment, dissolution, and specific tasks of the department. The department operates according to the regulations stipulated by the Rector.

2. The department has the following responsibilities:

a) To be responsible for the content, quality, and progress of teaching and learning certain subjects within the general training program and plan of the university and faculty;

b) To develop and improve the content, curriculum, compile textbooks, and reference materials related to the training specialty and subjects assigned by the faculty and the university;

c) To research and improve teaching methods, organize academic activities to enhance the quality of training;

d) To conduct scientific research, develop technology, and provide scientific and technological services according to the plans of the university and faculty; actively coordinate with educational institutions, scientific and technological organizations, production and business enterprises, and service providers to link training and scientific research with production activities and social life, supplementing financial resources for the university;

đ) To build and train the scientific staff of the department; participate in training and upgrading the staff of the relevant specialty;

e) To lead the training of specialties for one or more specialties; lead the training of postgraduate specialties;

g) To manage the material facilities and equipment of the department.

3. The head of the department is the Department Head. The Department Head is appointed and relieved by the Rector based on the recommendation of the Faculty Head after consulting the opinions of the lecturers in the department. The Department Head must be a reputable scientist in the corresponding training specialty. The term of office of the Department Head is five years and may be reappointed. Specific criteria and age limits for the Department Head are determined by the Rector but shall not exceed the labor age limit prescribed by the Labor Law for public universities or the age limit prescribed by the regulations on the organization and operation of each type of university for private universities.

Article 43. Scientific and Technological Organizations, Enterprises, and Public Service Units

1. Scientific and technological organizations within the university include research and development organizations and scientific and technological service organizations.

2. Research and development organizations are established in the forms of institutes, centers, and other research and development bases. These organizations are established and operate in accordance with the law and have the following responsibilities:

a) To implement scientific and technological activities, promote scientific progress, and transfer technology to serve economic and social development needs, national security, and defense;

b) To participate in training and link training with scientific and technological activities.

3. Scientific and technological service organizations are established and operate in accordance with the law to serve scientific research and technological development, implement activities related to intellectual property rights, technology transfer, information, consulting, training, upgrading, dissemination, and application of scientific and technological knowledge in practice.

4. Enterprises and public service units are organized in accordance with the training fields of the university, serving the university's development goals; they are established and operate in accordance with the law.

5. Based on the university council's resolution on the development plan, the Rector decides on the establishment and dissolution of scientific and technological organizations, enterprises, and public service units.

Article 44. Educational Training, Scientific Research, and Technological Service Bases

1. Universities shall have Information and Documentation Centers to serve educational training, scientific research, and technological activities. The Information and Documentation Center shall be responsible for managing, supplementing, and providing scientific and technological information both domestically and internationally within the fields of activity of the university, collecting and preserving books, magazines, tapes, discs, archival materials, dissertations defended at the university, publications of the university; guiding and managing intellectual property rights work of the university. The Information and Documentation Center operates according to regulations issued by the Rector.

2. Universities shall have printing organizations. The tasks and functions of the printing organization shall be defined by the Rector in accordance with current laws.

3. Universities also have units serving educational training, scientific research, and technological activities such as laboratories, research stations, monitoring stations, experimental stations, workshops, practical schools, museums, tradition rooms, service organizations, clubs, cultural and sports houses, dormitory systems, dining halls. The functions and tasks of these facilities are stipulated in the University Organization and Operation Regulations.

4. Based on the resolution of the University Council regarding the development plan of the university, the Rector decides on the establishment and dissolution of educational training, scientific research, and technological service bases.

Chapter 7:

TEACHERS, OFFICERS, AND STAFF

Article 45. Rights and Responsibilities of Lecturers, Staff Members, and Employees

1. Strictly comply with the Party's guidelines, resolutions, state policies, and laws, fully implement the regulations of the Ministry of Education and Training, the University Charter, the University Organization and Operation Regulations, and other regulations of the university issued by the Rector.

2. Complete assigned professional tasks and other works delegated by the university, faculty, and department.

3. Participate in providing opinions on important issues of the university, issues related to the implementation of the Regulation on Promoting Democracy at the Base Level.

4. Participate in school management work; participate in Party and mass organizations when entrusted.

5. Enjoy salary, allowances, and other benefits as prescribed by the state and the university; be eligible for the National Education Merit Medal and other high honors; be provided with necessary conditions to improve professional and vocational qualifications.

Article 46. Standards, Tasks, and Authorities of Lecturers

1. The standards for lecturers are stipulated in Article 61 of the Education Law.

2. The tasks and authorities of lecturers are stipulated in Articles 63 and 64 of the Education Law and the following specific tasks and authorities:

a) Duties:

- Fulfill teaching and scientific research tasks as specified in the standard hours issued by the Ministry of Education and Training for corresponding positions and ranks;

- Teach according to the content and program prescribed by the Ministry of Education and Training and the university. Write textbooks, lectures, and materials to support teaching and learning as assigned by management levels;

- Continuously self-improve in professional and vocational skills, improve teaching methods to enhance educational quality;

- Participate and lead scientific research projects, technological development, science and technology services, and other scientific and technological activities;

- Be subject to supervision by management levels regarding the quality, content, and methods of education and scientific research;

- Guide and assist students in their studies, scientific research, ideological cultivation, moral character, conduct, and lifestyle;

b) Rights:

- Be guaranteed organizational and technical material conditions for professional activities; use the university’s educational, scientific research, technological, and public service facilities;

- Have the right to choose textbooks, reference materials, teaching methods, and tools to promote personal capabilities, ensure the content, program, quality, and effectiveness of educational, scientific, and technological activities;

- Be entitled to enter into teaching, scientific research, and technological contracts with educational institutions, research centers, production bases, and other economic organizations in accordance with the Labor Code, the Invited Lecturer and Concurrent Position Regulations issued by the Ministry of Education and Training, and relevant state regulations after obtaining approval from authorized levels as stipulated by the Rector;

- Be eligible to apply for recognition and appointment to professor and associate professor titles as prescribed by the state; be considered by the state for the People's Teacher and Outstanding Teacher titles;

- Receive professional and vocational training as prescribed by the Ministry of Education and Training;

- Attend domestic and international scientific conferences as prescribed to publish scientific research and educational works.

Article 47. Rights and Obligations of Lecturers Participating in Scientific and Technological Research and Other Scientific and Technological Staff Involved in Training

1. The rights and obligations of lecturers participating in scientific and technological research and other scientific and technological staff in universities shall be governed by Articles 17 and 18 of the Law on Science and Technology.

2. Other scientific and technological staff involved in training according to the allocation of management levels must perform the tasks of lecturers.

Article 48. Selection of Lecturers

Universities prioritize selecting outstanding, excellent, and good graduates with good moral qualities and those holding bachelor's degrees or higher with good practical experience to supplement the lecturer workforce.

Article 49. Lecturers, Staff, and Employees Working Under Long-Term Contracts

Lecturers, staff, and employees working under long-term contracts signed with the university have all the standards, duties, and authorities as other lecturers, staff, and employees.

Chapter 8:

STUDENTS

Article 50. Candidates for Admission to Universities

Vietnamese citizens, overseas Vietnamese, and foreigners who meet the conditions stipulated in the University Admissions Regulations and Postgraduate Admissions Regulations issued by the Ministry of Education and Training are eligible to register for admission and be considered for admission to universities.

Article 51. Duties and Rights of Students

The duties and rights of students are regulated in Articles 74 and 75 of the Education Law. The duties of students at public universities are regulated in Article 76 of the Education Law. In addition, in universities, students also have the following duties, rights, and responsibilities:

1. Implementing the training regulations;

2. Fulfilling the obligation to pay tuition fees and other charges as prescribed by the state;

3. Enjoying state policies and benefits for students; being provided with favorable conditions by the school for study, scientific and technological activities, participation in scientific conferences, publication of scientific and technological works in the school's publications;

4. Students selected for placement, children from ethnic minorities in areas with special difficulties in socio-economic conditions, social policy groups, and poor families are granted scholarships, allowances, exemptions from tuition fees, loans, etc., according to state regulations;

5. Outstanding students, trainees, and research fellows enjoy preferential conditions in study and scientific research according to the regulations of the Ministry of Education and Training.

Chapter 9:

ASSETS AND FINANCES

Article 52. Management and Use of Assets

1. The assets of universities include: land, buildings, construction projects, results of scientific and technological activities, equipment, and other assets assigned by the State for management and use or purchased, built, or donated by the university to ensure training, scientific research, technology development, and other activities.

2. The assets of public universities belong to the state and are managed and used in accordance with the law.

3. The assets of non-public universities are owned, used, and managed according to the organizational and operational regulations of each type of institution.

4. In addition to allocating funds annually for maintenance, repair, and regular upkeep of assets, universities plan and allocate reasonable funds from their revenue to invest in supplementary, modernized equipment, major repairs, new constructions, and gradually modernize technical infrastructure. Development of material facilities serving education and scientific research must comply with the provisions of this Charter.

5. Annually, universities organize asset inventory and revaluation and implement reporting systems as prescribed by the state.

Article 53. Financial Sources of Universities

1. State budget includes:

a) Operating expenses for public universities that are partially covered by the state budget;

b) Funding for implementing national-level, ministry-level, sector-level research projects, national target programs, and other urgent tasks assigned by competent authorities; funding paid to the university according to the procurement system to carry out state tasks;

c) Investment capital for constructing physical facilities, purchasing equipment to serve educational and scientific research activities according to annual plans and projects; matching funds from approved projects; initial investment and encouraging investment by the state for private universities;

2. Revenue from business operations includes:

a) Tuition fees and service charges collected from students as prescribed by the state;

b) Revenue from cooperative training, scientific research, technology transfer, and experimental production activities;

c) Revenue from production and service activities;

d) Other business revenues: interest on bank deposits, proceeds from asset liquidation, depreciation of assets purchased with revenue specified in this clause;

3. Other sources of income as prescribed by law, including:

a) Sponsorship, aid, support, and gifts from organizations and individuals both domestically and internationally;

b) Bank loans and credit organization investments, contributions from organizations and individuals for university expansion and development;

c) Other legitimate sources of income.

Article 54. Expenditure Items of Universities

1. Regular expenditure for education, science and technology activities and services supporting such activities.

2. Expenditure for production and service provision activities, and fulfillment of obligations to the state budget.

3. Expenditure for implementing national-level, ministry-level, sector-level research projects; national target programs; procurement orders (surveys, planning, surveys); matching funds for foreign-funded projects; expenditure for urgent tasks assigned by competent authorities.

4. Development investment expenditure, including: expenditure for constructing physical facilities, purchasing fixed assets, and equipment; expenditure for other investment projects as prescribed by the state.

5. Repayment of loans and contributions.

6. Other expenditures.

Article 55. Financial Management

1. Public universities apply the financial regime prescribed in Decree No. 10/2002/NĐ-CP dated January 16, 2002 of the Government on the financial regime applicable to revenue-generating public institutions.

2. Private universities apply the financial regime prescribed in Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government on policies encouraging socialization in education, healthcare, culture, sports activities and regulations on the organization and operation of each type of institution.

Chapter 10:

INSPECTION, AUDIT, REWARD, AND VIOLATION HANDLING

Article 56. Inspection and Audit

1. Universities organize self-inspection and audit in accordance with the law.

2. Universities are subject to inspection and audit by the Ministry of Education and Training, their supervisory bodies, and other competent state agencies.

Article 57. Awards

Individuals and collectives of universities that implement this Charter well and make significant contributions to the education, science, and technology cause are awarded according to state regulations.

Article 58. Handling Violations

1. Any individual or collective that violates the provisions of this Charter shall be subject to disciplinary action, administrative penalties, or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

2. The Ministry of Education and Training shall impose disciplinary measures or recommend to the competent authority to impose disciplinary measures when the School Council, Board of Management, Rector, or Deputy Rector violate the provisions of this Charter.

3. When a university violates the provisions of this Charter, depending on the nature and severity of the violation, the Minister of Education and Training shall be responsible for handling it at the following levels:

a) Written warning;

b) Decision to temporarily suspend enrollment;

c) Recommend to the Prime Minister to temporarily suspend the operation of the university;

d) Submit to the Prime Minister or coordinate with the competent authorities to submit to the Prime Minister a decision to dissolve the university.